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HomeMy WebLinkAboutResolutions - 2002.03.13 - 26846March 14, 2002 FtErcarr (misc. #02028) BY: PERSONNEL COMMITTEE, NANCY DINGELDEY, CHAIRPERSON RE: CIRCUIT COURT — CREATION OF TWO (2) JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed MR #02028 on February 27, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE 7 ( ' Personnel Committee Vote: Motion carried on unanimous roll call vote. MISCELLANEOUS RESOLUTION #02028 February 21, 2002 Public Services Committee Vote: Motion carried unanimously on a roll call vote. BY: PUBLIC SERVICES, HUGH D. CRAWFORD, CHAIRPERSON IN RE: CIRCUIT COURT - CREATION OF TWO (2) JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the last time a Circuit Court judge was added was in 1994 when one new Oakland County Circuit Court Judge was approved to take office January 1, 1995 bringing the total number of Circuit Judges to 17; and WHEREAS the State Court Administrative Office (SCAO) has completed its biennial review (Judicial Resources Recommendation Report of August 2001) of the judicial resource needs of Michigan's trial courts; and WHEREAS the SCAO report recommends that two (2) Circuit Judgeships be created in the Sixth Judicial Circuit Court with a review of judgeship needs in two years; and WHEREAS the Circuit Court concurs with the SCAO recommendation that two circuit judgeships be added to the Sixth Judicial Circuit Court; and WHEREAS the Oakland County Board of Commissioners, in MR #01286, supported the legislation authorizing an additional two (2) Circuit Judgeships in the Sixth Judicial Circuit, and WHEREAS the State of Michigan's 91 st Legislature passed PA 252 of 2001 authorizing statewide reorganization of the courts enabling the creation of two (2) Circuit Court Judgeships for the Sixth Judicial Circuit Court; and WHEREAS PA 236 of 1961 specifies that the responsibility to approve the creation of recommended judgeships rests with the County Board of Commissioners; and WHEREAS the 2002 total annual compensation for Circuit Court Judges in the State of Michigan is $139,919 consisting of a State share of $94,195 and the County reimbursed share being $45,724; and WHEREAS requests for appropriate related support staff will be included as part of the FY2003-2004 Biennial budget process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of two (2) Circuit Court Judge positions in the Sixth Judicial Circuit Court to be filled by election in 2002 for a judicial term to begin January 1, 2003. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners agrees to provide and maintain facilities, personnel and operating costs to operate these judgeships and court in accordance with the statutes of the State of Michigan, the Michigan Court Rules, and the Michigan Constitution. BE IT FURTHER RESOLVED that a copy of this resolution shall be filed with the State Court Administrator. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE REQUEST: To create two (2) Circuit Court Judge positions, effective January 1, 2003. BOARD/COMMITTEE ACTION: Public Services Committee: 2/05/02 Board of Commissioners: 2/21/02 Personnel Committee: 2/27/02 Finance Committee 2/28/02 Final Board of Comm: 3/14/02 PROPOSED FUNDING: (Checking with Fiscal Services) OVERVIEW: In 1994 one new Oakland County Circuit Court Judge was approved to take office January 1, 1995 bringing the total number of Circuit Judges to 17. In the State Court Administrative Office's (SCAO) biennial review (Judicial Resources Recommendation Report of August 2001) of the judicial resource needs of Michigan's trial courts, the SCAO recommends that two Circuit judgeships be created in the Circuit Court. They also recommended that a review of judgeships be conducted in two years. The Circuit Court concurs with the SCAO recommendation and the Oakland County Board of Commissioners supported the legislation to authorize two new Circuit judgeships for the Circuit Court. The State of Michigan passed legislation enabling the creation of these judgeships. PA 236 of 1961 specifies that the responsibility to approve the creation of recommended judgeships rests with the County Board of Commissioners, therefore this resolution is being proposed to create two (2) Circuit Court Judge positions in the Circuit Court. Requests for appropriate related support staff will be included as part of the FY2003-2004 Biennial budget process. Related staff positions are located in Circuit Court (Administration, General Jurisdiction and Family Divisions), Clerk/Register, Sheriff and Prosecuting Attorney Offices. COUNTY EXECUTIVE RECOMMENDATION: Recommended as requested. PERTINENT SALARIES 2002 Total Annual Salary: $139,919 State Paid Portion: County Paid Portion*: $ 94,195 $ 45,724 * County reimbursed on a quarterly basis from the State. Note: Annual rates are shown for illustrative purposes only. SALARY AND FRINGE BENEFIT COST FOR FY 2003 Remainder of Annual Cost Fiscal Year Cost Create two (2) GF/GP (1/1/03 - 9/30/03) Circuit Court Judge Salary $45,724 $ 33,415 Fringes @ 40.0% 18,290 13,366 Cost of one position: $ 64,014 $ 46,781 Cost for two (2) positions*: $128,028 $ 93,562 *Full cost reimbursed by State. FISCAL NOTE (M.R. #02028) March 14, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: CIRCUIT COURT - CREATION OF TWO (2) JUDGESHIPS IN THE SIXTH JUDICIAL CIRCUIT COURT 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. By recommendation of the State Court Administrative Office's (SCAO) biennial review (Judicial Resources Recommendation Report of August 2001), the SCAO report recommends that two (2) Circuit Judgeships be created in the Sixth Judicial Circuit Court. 2. The State of Michigan's 91 st Legislature passed PA 252 of 2001 authorizing statewide reorganization of the courts enabling the creation of two (2) Circuit Court Judgeships in the Sixth Judicial Circuit Court. 3. The State of Michigan will reimburse Oakland County for the County's portion of the salary. 4. The associated operating cost and the ongoing salary and fringe cost will be budgeted during the FY 2003/FY 2004 budget cycle. 5. The following budget amendment is recommended to the FY 2003 General Fund budget to cover the period of January 1, 2003 through September 30, 2003: General Fund (101) FY 2003 Revenue 1-90-290000-25000-0207 Cir Ct Judge Sal $158,638 Total Revenue $158,638 Expenditure Circuit Court 2-35-210000-21100-2001 Salaries 2-35-210000-21100-2074 Fringes Total Expenditures $ 71,329 87,309 $158,638 Net of Revenues and Expenditures 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Palmer and Dingeldey absent. Resolution #02028 February 21, 2002 The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. .7-7-Patterson. Count' r. Resolution #02028 March 14, 2002 Moved by Palmer supported by Crawford the resolutions on the Consent Agenda be adopted with accompanying reports being accepted. AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted with accompanying reports being 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 March 14, 2002 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 14 th day of March, 2002. /- - ZWilliam Caddell, County Clerk