Loading...
HomeMy WebLinkAboutResolutions - 2001.11.29 - 26572MISCELLANEOUS RESOLUTION #01316 November 29, 2001 BY: PUBLIC SERVICES COMMITTEE, DAVID L. MOFFITT, CHAIRPERSON IN RE: FORMATION OF OAKLAND COUNTY FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS Public Act 366 of 1996 amended certain provisions of the state statutes pertaining to the Friend of the Court to establish a Friend of the Court Citizens Advisory Committee; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #01051 directed that a Citizens Advisory Committee be established forthwith; and WHEREAS MR #01051 created a study committee to report to the Public Services Committee on the implementation and/or operational procedures of the Advisory Committee; and WHEREAS the study committee completed its work and reported to the Public Services Committee on October 30, 2001. NOW THEREFORE BE IT RESOLVED that the Oakland County Friend of the Court Citizens Advisory Committee is hereby established in accordance with the report of the Friend of the Court/Citizens Advisory Committee Study Group. BE IT FURTHER RESOLVED that appointments to the Citizens Advisory Committee commence in accordance with Board of Commissioners Rules and Public Act 366 of 1996. Chairperson I move the adoption of the fitvegog resg Public Services Committee Vote: Motion carried unanimously on a roll call vote with Sever, Buckley and Coleman absent. REPORT #01316 October 30, 2001 BY: Friend of the Court/Citizens Advisory Committee Study Group Nancy Dingeldey, Chairperson IN RE: FINAL REPORT TO THE PUBLIC SERVICES COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Friend of the Court/Citizens Advisory Committee Study Group is pleased to present its findings to the Public Services Committee. The FOC/CAC Study Group is comprised of Nancy Dingeldey, County Commissioner, District #11; Michelle Friedman Appel, County Commissioner, District #23; David Galloway, County Commissioner, District #2; Judy Cunningham, Corporation Counsel; Joe Salamone, Friend of the Court; Lisa Symula, Family Division Administrator; and Kelly Kostin, attorney. We have met on four occasions with individual members assuming responsibility for specific segments of the total report. This report is premised on Public Act 366 of 1996. Pursuant to that Act, the Friend of the Court Citizen Advisory Committee's primary purpose is to advise the court and the Board of Commissioners regarding the Friend of the Court's duties and performance and to review certain grievances regarding office operations and gender bias. The Citizens Advisory Committee does not have any power or authority over local Friend of the Court operations; it is advisory only. Included in this report are the following documents: 1. Duties of the Friend of the Court Citizens Advisory Committee 2. News Release/Information Statement (dates to be determined by the Public Services Committee) 3. Application for Appointment to the Oakland County Friend of the Court Citizens Advisory Committee 4. Draft, Friend of the Court Citizens Advisory Committee By-Laws 5. Friend of the Court Citizens Advisory Committee Grievance Notice 6. State Court Administrator's Office Recommended Policy on Citizens Advisory Committee Access to the Friend of the Court Records 7. Citizens Advisory Committee's Request to Access Friend of the Court Records — Form As for the interview process, the FOC Study Group recommends, with the approval of the Public Services Committee and Board of Commissioners, that the FOC Study Group review applications for minimum qualifications. Further, it is recommended that these applications be forwarded to the Board Chair and Caucus Chairs for consideration and final appointments. PUBLIC SERVICES COMMITTEE DUTIES OF FRIEND OF THE COURT CITIZEN ADVISORY COMMITTEE The Friend of the Court Citizen Advisory Committee's (FOC/CAC) purpose is to advise the Court and the Board of Commissioners regarding the Friend of the Court's duties and performance and to review certain grievances limited to office operations and gender bias. The FOC/CAC does not have any power or authority over local Friend of the Court operations; it is advisory only. The Committee cannot intervene in individual cases. The Friend of the Court Act, as amended, requires that the Citizen Advisory Committee shall do all of the following: (a) Meet at least six times a year; (b) Review and investigate certain grievances concerning the Friend of the Court* (c) Advise the Court and the Board of Commissioners on the office of the Friend of the Court and the Friend of the Court's duties and performance, and on the communities' needs relating to the office's services; and (d) Annually submit a report of its activities to: the County Board of Commissioners, the Court, the State Court Administrative Office, the Governor's Office, and standing Senate and House committees and appropriations subcommittees responsible for legislation concerning the judicial branch. \judy\Foc-cac1Duties of Friend of the Court.doc • The Committee must inform an individual who files with the Committee a grievance concerning an office employee or a court or office decision or recommendation regarding a specific case that such a matter is not a proper subject for a grievance. MCL 552.526(7) NEWS RELEASE / INFORMATION STATEMENT ,2001 The Oakland County Board of Commissioners is seeking citizens interested in volunteering to serve the community through appointment to the Friend of the Court Citizen Advisory Committee (FOC/CAC). The FOC/CAC's purpose is to advise the Court and the Board of Commissioners regarding the Friend of the Court's duties and performance and to review certain grievances limited to office operations and gender bias. The FOC/CAC is advisory only; it does not have any power or authority over Friend of the Court operations. The Committee cannot intervene in individual cases. The following positions must be filled: 1. An advocate for children, 2. A representative of non-custodial parents, 3. A representative of custodial parents, 4. An attorney who engages primarily in family law practice, 5. A mental health professional who provides family counseling, 6. A member of the general public who does not qualify under categories 1-5 above. A county resident may apply to serve on the FOC/CAC by completing an application form. Forms may be requested from the Oakland County Board of Commissioners office at: 248-858-0100. Completed application forms are to be returned by , 2001 to: Oakland County Board of Commissioners 1200 N. Telegraph Rd., Dept. 470 Pontiac, MI 48341 APPLICATION FOR APPOINTMENT TO OAKLAND COUNTY . FRIEND OF THE COURT — CITIZENS ADVISORY COMMITTEE Name Address (City) (State) (Zip) Work Phone Social Security # Home Phone Driver's License # FAX Number E-mail Address I am interested in serving on the Friend of the Court Citizens Advisory Committee as (check only one): [ An advocate for children. [ I A representative of custodial parents. [ ] A mental health professional who provides family counseling. [ ] A representative of noncustodial parents. [ ] An attorney who engages primarily in family law practice. [ ] A member of the general public who is not an individual who could serve on the committee in any other capacity. Why do you want to serve on the Friend of the Court Citizens Advisory Committee? HAVE YOU BEEN A RESIDENT OF OAKLAND COUNTY FOR MORE THAN ONE YEAR? YES NO When did your residency commence? ARE YOU OR HAVE YOU EVER BEEN EMPLOYED BY OAKLAND COUNTY? YES NO If yes, please list dates of service, position and department HAVE YOU EVER BEEN CONVICTED OF A MISDEMEANOR OR FELONY? YES NO If yes, please list date, offense and disposition DO YOU CURRENTLY HAVE A CASE BEING MONITORED BY THE OAKLAND COUNTY FRIEND OF THE COURT? YES NO If yes, please indicate case name and case number DESCRIBE YOUR CONTACTS, IF ANY, WITH ANY FRIEND OF THE COURT OFFICE • COMMUNITY SERVICE - please List Community, Civic and Charitable Organizations (excluding specific reference to race, ethnic origin or religion). EDUCATION (High School or GED) (City) (State) (CollegefTechnical) (City) (State) (Degree) Additional Training or Degrees (Please List) a. b. QUALIFICATIONS FOR P051 ITON SOUGHT Briefly State Your Qualifications for This Appointment: Do You Know of Any Conflict of Interest or Any Reason You Should Not Receive This Appointment? kMPLOYMbNT List Your Most Recent Work Experience, Including Full Time, Part Time and Volunteer: Employer Employer Address Address Your Title Your Title Dates of Employment Dates of Employment Your Duties Your Duties Please attach three letters of reference. Please feel free to attach additional sheets if needed. You may also attach a resume if you wish. I have answered all questions to the best of my ability. If appointed, I realize false information will be grounds for removal. I authorize any necessary inquiries as to my character, reputation and ability and release those supplying any information from all liability. Applicant's Signature Date All qualified applicants receive consideration for appointment, without regard to race, color, religion, sex, age, national origin, height, weight, familial, marital, handicap or veteran status. DRAFT DRAFT FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE (FOC-CAC) BY-LAWS Article I. Name The name of this organization shall be the Friend of the Court Citizens Advisory Committee (FOC-CAC), County of Oaldand. Article II. Purpose Section 1. The Citizens Advisory Committee (hereafter CAC) is established pursuant to Michigan Public Act 366 of 1996 (hereafter statute), and shall conduct business as permitted or required by the statute. Section 2. The CAC is designed to be representative of a cross section of professionals and citizens who represent the interests of the community, and/or deal with the office of Friend of the Court (hereafter FOC). There are nine members who are appointed to serve on the CAC. With the consent of the county board of commissioners (hereafter BOC), the county executive may appoint additional non-voting members to represent other community interests, including those of FOC. Section 3. The CAC's primary purpose is to advise the court and the county board on the office of FOC, and the communities needs relating to that office. The CAC does not have any power or authority over local FOC operations, but listens to the public for the purpose of making recommendations regarding FOC policy. Article III. Membership Section 1. The FOC-CAC shall be made up of the following members (each must be a county citizen): • Advocate for children • Representative of non-custodial parents • Representative of custodial parents • Attorney who engages primarily in family law practice • County sheriff or designee • Prosecuting attorney or designee • Director of the Family Independence Agency (FIA) or designee • Mental health professional who provides family counseling • Member of the general public (not within one of the above categories) 1 Meghan Nims Garretson 10/24101 DRAFT DRAFT Section 2. Except for the sheriff, the prosecuting attorney and the FIA appointment, the county board of commissioners shall appoint the CAC. Section 3. A CAC member serves a renewable 3-year term, except for the initial members. Of the initial members, the following terms shall be adhered to: • Three shall serve 3-year terms • Two shall serve 2-year terms • One shall serve 1-year terms Section 4. Any vacancy will be filled for the remainder of the term as the position was originally filled. All vacancies must be filled within sixty days. Section 5. A member shall be deemed to have resigned in the event that he/she has, (i.) been absent from two consecutive regular meetings without just cause or, (ii.) been absent from four out of twelve consecutively scheduled meetings. The chairperson shall have the sole right to determine whether just cause for an absence exists, and note such in the minutes. Excused absences shall not be counted. Section 6. The county board may remove any CAC member for cause. Section 7. The county board shall attempt to compose the CAC so that its membership reflects the ethnic, racial, and gender make-up of the community. Section 8. The right to vote shall be limited to those individuals aPpointed pursuant to statute. Section 9. The State Court Administrative Office (SCAO) shall perform staff and support functions for the CAC. Article IV. Meeting of the Advisory Committee Section 1. The CAC shall hold meetings no less than six times per year. The CAC shall keep minutes of each meeting, and submit a copy to the county board. Section 2. The annual meeting of the CAC shall be held on a date determined by the CAC, but shall be held within 60 days of January 1. Notices of the annual meeting should be mailed to each member at least 30 days prior to the annual meeting. Section 3. The chairperson may call special meetings of the CAC at any time. The chairperson shall also call a special meeting upon the written request for a special meeting of at least five members of the CAC. All special meeting require fourteen day prior notice to all members. Section 4. A quorum shall consist of five members of the CAC. A majority of members present shall be necessary for the passage of any motion. 2 Meghan Nims Garretson 10/24/01 DRAFT DRAFT Article V. Officers Section 1. The officers of the CAC shall be the chairperson and the vice- chairperson. The officers shall be elected by the nine members of the CAC, pursuant to statute, at an annual meeting. The elected officers shall serve one-year terms, and shall not be eligible for re-election more than twice. Section 2. The chairperson shall represent the CAC in its relations with other agencies, the general public, and the news media. Section 3. The vice-chairperson shall assume the duties of the chairperson on all occasions when the chairperson is unable to fulfil the duties of the office. Section 4. Vacancies in any elected office shall be filled for the unexpired term by a majority vote of the CAC members present at a meeting. All members of the CAC shall receive notice of intention to fill a vacancy, mailed at least 21 days prior to the meeting. Article VI. Grievance Review, Investigation and Hearings Section 1. The CAC shall have the following responsibilities regarding grievances: a. A party to a domestic relations matter may file a grievance with the CAC when the grievance concerns FOC office operations. The CAC has the discretion as to whether to conduct a review or investigation of the grievance, or hold a formal or informal hearing on the grievance. The CAC may delegate this responsibility to a subcommittee, pursuant to • article VII of these by-laws. b. The CAC shall conduct random reviews of grievances • submitted to the FOC pursuant to MCL 552.526. The CAC shall review the FOC's response to randomly selected grievances, and report jts findings to the court and the board of commissioners. The CAC's report may be immediate, or in the CAC's annual report. c. The CAC shall review and investigate grievances filed with the FOC that allege a decision was based on gender rather than the best interests of the child. d. The CAC shall not handle grievances regarding FOC employees. e. The CAC shall respond to grievances as soon as practicable. Article VII. Subcommittees Section 1. The CAC chairperson may appoint subcommittees comprised of three CAC members to review, investigate, and hold hearings of grievances submitted to the CAC. The chairperson may serve on a 3 Meghan Nims Garretson 10/24/01 DRAFT DRAFT subcommittee, and shall attempt to appoint members so that each member has an equal opportunity for subcommittee participation. Section 2. The chairperson may establish special and standing committees with the approval of the CAC. Members of special and standing committees need not be members of the CAC. Article VIII. Open Meetings Section 1. Except as otherwise required by law, meetings of the CAC are open to the public. A member of the public attending a meeting shall be given a reasonable opportunity to address the committee on an issue under consideration. If a vote is to be taken by the CAC, the public shall be allowed to address the CAC before the vote is taken. Section 2. CAC meetings and Subcommittee meetings are not open to the public when the committee is reviewing, investigating, or holding a hearing on a grievance. Article IX. Reporting Section 1. At the end of each calendar year, the CAC shall submit an annual report of its activities to the county board, court, state court administrative office, governor's office, and standing senate and house committees and appropriations subcommittees that are responsible for legislation concerning the judicial branch. Section 2. The CAC may annually advise the court and the county board of the performance record of the FOC: • whether FOC is guilty of misconduct, neglect of statutory duty, or failure to carry out written orders of the court relative to statutory duty • whether purposes of FOC are being met, and • whether FOC duties are being carried out in a manner that - -reflects the needs of the community being served. . Article X. Fiscal year The fiscal year of the CAC shall be from October 1 to September 30. Article XL. Amendments Proposed amendments to these by-laws may be submitted to the Oakland County Board of Commissioners for consideration and approval. 4 Meghan Nims Garretson 10/24/01 Citizen Advisory Committee Access to Friend of the Court Records A. Introduction: Public Act 551 of 1998 creates sections 4b and 4c of the Friend of the Court Act. The act requires that, under the chief judge's supervision, the friend of the court office must provide citizen advisory committees with access to certain records and information necessary for the committee to perform its functions as prescribed by the act. This act also establishes the types of information which cannot be provided upon direction of the court. Recently, MCR 3.218 was amended and is now consistent with sections 4b and 4c. The amendment to the rule includes citizen advisory committees (CAC) as an entity with standing to have access to friend of the court records and provides a procedure governing the chief judge's exercise of discretion to allow CACs access to appropriate records of friend of the court (FOC). The amendment to the court rule took effect April 1, 2001. B. Request for information regarding the procedures used by the office to carry out its responsibilities as defined by statute, court rule, or the bureau. [MCL 552.504b(1)(b)]. 1. The CAC shall submit a written request in letter format to the chief judge, with a copy to the FOC when asking for information from the FOC. The CAC shall give a sufficient description of the information requested to allow the FOC to comply with the request, also specifying how the information is to be received (e.g., in the FOC office, at a committee meeting, obtaining copies). 2. Upon receipt of the request, the chiefjudge should ordinarily approve the request and send a letter to the advisory committee with a copy to the FOC stating the access will be allowed. The chief judge should only deny a request if the request would be burdensome to the office (such as a request for a copy of every document in the office) or is made for improper purposes (such as to harass). If a request is denied, the chief judge should specify what alternative information will be provided if possible, or how the CAC could narrow its request to obtain a more favorable determination. C. Information regarding the administration of the FOC office, including budget and personnel information. [MCL 552.504b(1)(c)1. 1. The CAC shall submit a written request to the chief judge in letter format with a copy to the FOC when asking for information from the office. The CAC shall give a sufficient description of the information requested to allow the FOC to comply with the request. It should also specify how the information is to be received (e.g., in the FOC office, at a committee meeting, obtaining copies). 2. Upon receipt of the request, the chiefjudge should ordinarily approve the request and send a letter to the CAC with a copy to the FOC stating that access will be allowed. The chief judge should deny the request if it is made for improper purposes (e.g., to harass an office or an employee), is contrary to statute (e.g., would result in the release of information pertaining to an employee's tax exemptions or medical 1 records), or would otherwise interfere with the rights of an employee. If the chief judge makes a determination that the request cannot be approved, the chief judge should direct that as much information as can be provided should be provided to the CAC and an explanation should be provided to the CAC concerning the reason the remaining information will not be provided. D. Request for case records and other information pertaining to the case of a party who has filed a grievance with the CAC. [MCL 552.504b(1)(a)1. 1. The CAC should submit its request on SCAO form #72a. 2. Within 5 working days of the receipt of the request, the friend of the court administrator or designated employee shall determine if the request will be approved or whether it is necessary to notify interested parties of the request and obtain the court's approval of the request, because it contains a request for information that may be confidential. 3. Upon making a determination that no notice is required, or after a court order granting access is effective, the friend of the court administrator or designated employee shall notify the CAC and shall immediately facilitate access. 4. If notice is required, the friend of the court or designated employee shall notify the interested parties and the CAC that they have 14 days from the date of the notice to submit written comments on the request to the judge assigned to the case. a. After the expiration of 14 days, the judge assigned to the case shall determine whether to approve the request, deny the request, or approve the request subject to terms and conditions to protect the right of a party or the well-being of a child. b. When the judge assigned to the case determines that access is granted, the order shall state that the access shall be allowed seven days after the decision is ordered to allow interested parties to file motions respecting the decision. E. The judge's decision is intended to be an administrative decision, not a decision on the merits of the legal issues raised. Once the administrative decision is made, any party may file a formal motion to obtain a legal decision on the merits. F. Copying costs will be assessed in accordance with the court's administrative order as required by MCR 8.119(E)(4)(b). 2 G. Circuit court and/or FOC records are not subject to Freedom of Information Act requests. MCL 15.232(b)(v) specifically exempts the judiciary from the Freedom of Information Act. H. Circuit court files may be inspected by the public unless access is restricted by court rule, statute, or order sealing a court record. Copies of documents may be obtained subject to MCR 8.119(E)(F). 3 Approved, SCAO STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY Court address Plaintiffs name and address Original - Friend of the Court 1st copy - Citizen Advisory Committee 2nd copy - Plaintiff (as needed) CITIZEN ADVISORY COMMITTEE REQUEST TO ACCESS FRIEND OF THE COURT RECORDS REQUEST 3rd copy - Defendant (as needed) 4th copy - Assigned judge (as needed) Additional copies as needed CASE NO. ourt telephone no. 1. The citizen advisory committee for County is investigating Grievance Number and requests access to the following records: Defendants name and address Date Signature authored representative FRIFND OF THE COURT RESPONSE 2. 0 a. The citizen advisory committee is not requesting confidential information. The request is granted. 0 b. The citizen advisory committee requested information that may be confidential. The parties, citizen advisory committee, government agency, or other interested persons have 14 days from the date this notice is mailed to them to file a written response with the judge assigned to the case at the court address shown above. The response must state why the information should orshould not be provided. The citizen advisory committee must make a clear demonstration that the requested information is necessary to the performance of its duties and that release of that information will not impair the rights of a party or the well-being of a child involved in the case. After 14 days from the-date this notice is mailed, the judge will decide whether to grant or deny the request If the request is granted, the judge may impose terms and conditions to protect the rights of a party or the well-being of a child. • 0 3. I certify that on this date a copy of this request and response was mailed by ordinary mail to the last known addresses of the: 0 Parties 0 Citizen Advisory Committee 0 Government agency NOTE: The clerk of the court must forward to the judge assigned to,the case this notice and any written responses received. Date Friend of the court or designee DECISION ON REQUEST 4. 0 a. The request is granted in full because the. 0 information is not confidential. 0 citizen advisory committee has made a clear demonstration that the information, which is confidential, is necessary to the performance of its duties and that release will not impair the rights of a party or the well-being of a child in the case. D b. The request is denied. O C. The request is granted D for all of the requested information subject to the conditions stated below. 0 in part, and subject to the conditions stated below, because the citizen advisory committee did not clearly demonstrate " th-at-eith-eray the-information is-necessary to the performance of its duties; or b) the release of the information will not impair the rights of a party or the well-being of a child involved in the case. Conditions: 5. This decision is effective 7 days after the date of this decision unless a motion regarding the decision is filed and noticed for hearing within that time. If a motion is filed and noticed for hearing, this decision is vacated. Date Judge MCL 552.504b, MCR 3.218 FOC 72a (4/01) CITIZEN ADVISORY COMMITTEE REQUEST TO ACCESS FRIEND OF THE COURT RECORDS Resolution #01316 November 29, 2001 The Chairperson referred the resolution to the Finance Committee. There were no objections.