HomeMy WebLinkAboutResolutions - 2000.11.30 - 26201MISCELLANEOUS RESOLUTION # 00298 November 30, 2000
By: Public Services Committee, Frank H. Millard, Chairperson
IN RE: FIFTY SECOND DISTRICT COURT — ALTERNATIVE DISPUTE
RESOLUTION PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, effective August 1, 2000, Michigan Court Rules 2.401, 2.403, 2.405, 2.501,
2.502, 2.503, 3.216 and 5.143 were amended and two new Court Rules 2.410 and 2.411 were
adopted. The amended and new Court Rules address Alternative Dispute Resolution (formerly
know as Mediation); and
WHEREAS, the new Court Rule requires Michigan Courts to submit a local Alternative
Dispute Resolution Plan to the Michigan Supreme Court. The local plan must address the
procedures that the Court will follow as required under the new Alternative Dispute Resolution
Court Rule; and
WHEREAS, in order to meet the requirements of the new Court Rule and in order to
implement the 52nd District Court's Alternative Dispute Resolution Plan, additional resources
would be required for the 52 nd District Court to meet its obligations; and
WHEREAS, as an alternative to adding resources, the 52" District Court requests to
enter into an agreement with the Oakland Mediation Center, Inc., a Michigan non-profit
corporation, to provide mediation services. The mediation services will be provided for litigants
involved in small claims, landlord tenant and general civil matters. The Oakland Mediation
Center will charge a $30,000 annual fee to service all four divisions of the 52nd District Court.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the 52nd District Court to enter into an agreement with the
Oakland Mediation Center, Inc. to fulfill its obligation to the new Alternative Dispute Resolution
Court Rule.
Chairperson, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Moffitt and Galloway absent.
FY 2001
$ 6,250
6,250
6,250
6,250
$25,000
FY 2002
$ 7,500
7,500
7,500
7,500
$30,000
FISCAL NOTE (Misc. #00298) November 30, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: FIFTY SECOND DISTRICT COURT - ALTERNATIVE DISPUTE RESOLUTION
PROGRAM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. Michigan Court rules have been amended to require Michigan Courts
to submit local Alternative Dispute Resolution plans (formally
known as Mediation) to the Michigan Supreme Court.
2. In order to fulfill the requirements of the new Rule, the 52'd
District Court proposes to contract with the Oakland Mediation
Center, Inc, to provide the required service to all four
divisions of the 52 nd District Court.
3. The proposed annual contract cost of $30,000 per year will cover
all the administrative duties as well as actual mediation, at a
cost far less than that which would be experienced if the 52nd
District Court would have to administer the program in house.
4. Due to a change in fee schedules, additional revenue should be
generated by the 52 nd District Court to cover the cost of this
agreement. The FY 2001 and FY 2002 Budget should be amended, as
specified below:
Revenues
32-201100-20001-0753
32-301100-20001-0753
32-401100-20001-0753
32-501100-20001-0753
Expenditures
32-101200-20001-3348
Div. I Ord./Fines
Div. II Ord./Fines
Div. III Ord./Fines
Div. IV Ord./Fines
Admin. Pro. Services
$25,000 $30,000
0 $ 0
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Obrecht absent.
HERE THE FOREGOING RESQLUTIO PR
1. Eirookeptfierson. County Executive
Resolution #00298 November 30, 2000
Moved by Douglas supported by Millard the resolutions on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Appel, Buckley, Causey-Mitchell, Coleman, Dingeldey, Douglas,
Galloway, Garfield, Gregory, Jensen, Law, McPherson, Melton, Millard,
Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolutions on the
Consent Agenda were adopted (with accompanying reports accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on November 30, 2000 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this Oth djleof November, 2000.
G. William Caddell, County Clerk