HomeMy WebLinkAboutResolutions - 2001.02.22 - 26401MISCELLANEOUS 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 Aim 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 th.e 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;
V
--Fran Amos, District 5
ohn Garfield, District
Frank H. Millard, Jr.
Commissioner, District #4
avid Buckley, District
elton, District 47
Michelle Fried-if-Ian 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
S
Shelley G. Tau, District 12
t
Resolution #01051 February 22, 2001
The Chairperson referred the resolution to the Public Services Committee
and the Finance Committee. There were no objections.