Loading...
HomeMy WebLinkAboutResolutions - 2001.04.26 - 26261REPORT (MISC. #01051) BY: Public Services Committee, David Moffitt, Chairperson April 26, 2001 IN RE: MR #01051 - ESTABLISHMENT OF FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #01051 on April 10, 2001, reports with a recommendation to add the following paragraph: BE IT FURTHER RESOLVED, that a study committee, with membership to be appointed by the Chair of the Board of Commissioners, be established to report to the Public Services Committee to recommend implementation and/or operation procedures for the Advisory Committee. Chairperson, on behalf of the Public Services Committee, I move acceptance of the above-mentioned Resolution with the recommended amendment. PUBLIC SERVICES COMMITTEE FISCAL REPORT (M.R. #01051) BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: ESTABLISHMENT OF FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports that no financial impact exists at this time. Upon the committee's formation, the County may encounter some financial implications. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #01051 By: Frank H. Millard, Jr., District 4; David Galloway, District 2; and David Buckley, District 14 Shelley Taub, District 12, Tim Melton, District 7, Fran Amos, District 5, Michelle Friedman Appel, District #23, John Garfield, District 9, Sue Ann Douglas, District 8 IN RE: Establishment of Friend of the Court Citizens Advisory Committee To the Oakland County Board of Commissioners Ladies and Gentlemen: WHEREAS, the legislature for the State of Michigan enacted Act No. 366 of Public Acts of 1996, to amend certain provisions of the state statutes pertaining to the friend of the court, part of which provided for the establishment of friend of the court citizen advisory committees(hereinafter referred to as 'committee'; and WHEREAS, that two issues have delayed the establishment of the committee in Oakland County, being: the source of operating costs and a conflict between statute and court rules relating to confidentiality of friend of the court records and the availability of those records for use by the friend of the court citizens advisory committee; WHEREAS, the act provides, in section 4 (6) that the state court administrative office shall perform staff and support functions that are necessary for a citizen advisory committee to perform its duties and functions, however, to date, the state court administrative office has yet to either offer or provide such staff or support functions to this county; and WHEREAS, it has been estimated that it will cost a minimum of $26,909.00 per year to operate the committee; and WHEREAS, effective April 1, 2001, Michigan Court Rules will be amended to correct the conflict which prohibited Oakland County from proceeding with establishment of the committee; WHEREAS, as one of the largest and busiest friend of the court offices in this state, it is in the best interests of the citizens of Oakland County to establish a citizens advisory committee within this county to review such complaints and grievances which may fall under its authority and make report back to the court and board of commissioners as provided by statute, but in no event less than annually; WHEREAS, it is recognized that the committee's findings and recommendations will be merely advisory in nature, however, it is believed that such a body, independent from the friend of the court will provide a neutral and objective forum for the citizens of this county to have their grievances and complaints about office operations or gender based decisions addressed; Frank H. Millard, Jr. Commissioner, District #4 avid Buckley, District c---- , ---ton, District #7 Michelle Fried--m-an Appel, District 23 Sue Ann Douglas, District #8 WHEREAS, the time has come to move forward on establishment of this committee, with or without the promised support of the state of Michigan as specifically provided in the statute, however, if established, efforts should be maintained to recover any operational expenses incurred from the state of Michigan, for support of this unfunded mandate. NOW THEREFORE BE IT RESOLVED, that the board of commissioners act forthwith to establish a friend of the court citizens advisory committee as provided in Act No. 366 of Public Acts of 1996; NOW LET IT BE FURTHER RESOLVED, that in establishing the foregoing committee, financial records be maintained so that Oakland County may seek reimbursement from the state of Michigan for all costs related to providing staff and support functions for this committee. Mr. Chairman, I move on behalf of myself and the below signed commissioners the adoption of the foregoing resolution. David Galloway, District #2 &LtALCUA CS- VC5-siL Shelley G. Tau5, District 12 ohn Garfield, District Resolution #01051 February 22, 2001 The Chairperson referred the resolution to the Public Services Committee and the Finance Committee. There were no objections. P . , G. william Caddell, County Cler Resolution #01051 April 26, 2001 Moved by Moffitt supported by Webster the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Moffitt supported by Appel the Public Services Committee Fiscal Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Moffitt supported by Crawford the resolution be adopted. Moved by Moffitt supported by Garfield the resolution be amended to coincide with the recommendation in the Public Services Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Gregory, McPherson, Melton, Millard, Moffitt, Moss, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield. (23) NAYS: None (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. L. Brooks Batierson, County Executive ./ HER20,0"*Cle Cie& 44.411 .-- ..fMarn, smneriroarern E FOREGOING RESO' — Date 4-07(1/ I 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 April 26, 2001 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 26 th cl.jay of dApril, 2001.