HomeMy WebLinkAboutResolutions - 2003.04.17 - 27036MISCELLANEOUS RESOLUTION # 03074 April 17, 2003
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS — SUPPORT HOUSE BILL #4502 - MICHIGAN ECONOMIC
AND SOCIAL OPPORTUNITY ACT OF 1981
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act PA-230 was enacted by the State of Michigan in 1981 to insure that
Michigan's Community Action Agencies were well integrated into the state system for provision of
services to the low income, elderly and disabled of our state and remained responsive to the needs of the
local communities they serve; and
WHEREAS PA-230 guaranteed that ninety (90) percent of the Community Services Block Grant
funding entering the State of Michigan would be allocated to Community Action Agencies such as the
Oakland Livingston Human Service Agency (OLHSA); and
WHEREAS PA-230 should be updated to make it consistent with current practices and to insure
that the important programs provided by the Community Action Agencies in Michigan are maintained; and
WHEREAS changes to PA-230 should include creating a Bureau of Community Action and
Economic Opportunity within a state department to oversee the implementation of CM programs;
creating a Commission on Community Action and Economic Opportunity; providing for designation and
rescission of designation of CAAs that is consistent with federal law and regulations; detailing of the
functions, powers and duties of a CAA; listing CSBG requirements for local CAA boards of directors; and
spelling out the mission of Community Action in the title of the act.
NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners fully
supports the need to revise PA-230.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the
reauthorization of PA-230, in the form of House Bill #4502, during this fiscal year including the changes
recommended.
BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to all Oakland
County State Representatives, Senators and Sandra Caul, State Representative of the 99th District.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVER g MENT COMMITTEE
General Government Committee Vote:
Motion carried unanimously on a roll call vote with Webster and Hatchett absent.
HOUSE BILL No. 4502
April 1, 2003, Introduced by Reps. Caul, Phillips, LaJoy, Palsrok, Rivet, Hoogendyk, Hager,
Nitz, Gillard, Wenke, Brown, Sheltrown, Elkins, LaSata, Shackleton, Meyer, Spade,
Clack, Condino, Hunter, McConic°, Sak, Smith, Koetje, Murphy, Tobocman, Accavitti,
Hummel, Woodward, Kooiman, Pastor, Vander Veen, Vagnozzi, Meisner, Bisbee, Julian,
Cheeks, Taub, Amos, Gieleghem, Pumford, Voorhees, Ruth Johnson, Moolenaar, Howell,
Rocca, Steil, Hardman, Lipsey, Bieda, Whitmer, Farhat, Stewart and Ehardt and referred to
the Committee on Family and Children Services.
A bill to amend 1981 PA 230, entitled
"Michigan economic and social opportunity act of 1981,"
by amending the title and sections 3, 4, 5, 6, 7, 8, 9, 10, and
11 (MCL 400.1103, 400.1104, 400.1105, 400.1106, 400.1107,
400.1108, 400.1109, 400.1110, and 400.1111), section 11 as
amended by 1998 PA 76; and to repeal acts and parts of acts.
C4 THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CD Ul 1 TITLE
0 ' 2 An act to create a bureau of community services and a
2E 3 commission on economic and social opportunity within thc
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—I 4 dcpartmcnt of labor a state department to reduce the causes,
00
5 conditions, and effects of poverty and promote social and
OD 6 economic opportunities that foster self-sufficiency for low
C) 7 income persons; to provide for the designation of community
8 action agencies; and to prescribe the powers and duties of the
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3
4
5
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1 department, the bureau, the commission, and the community action
2 agencies.
Sec. 3. (1) "Bureau" means the bureau of community
i,eee— action and economic opportunity created in section 5.
(2) "Chief elected official" means a chairperson of a county
6 board of commissioners, a county executive, a city mayor, a
7 township supervisor, a village president, or his or her
8 designee.
9 (3) "Commission" means the commission on community action and
10 economic and social opportunity created in section 6.
11 (4) "Community action agency" means an agency designated
12 pursuant to section 8.
13 (5) "Community social and economic programs" means those
-14 programs provided under section 675 of the community services
15 block grant act, subtitle B or title VI of the omnibus budget
16 reconciliation act of 1981, Public Law 97-35, 42 U.S.C. 9904.
17 (6) "Department" means the department of labor designated
18 by the governor to receive and distribute community services
19 block grant funds under the community services block grant act,
20 subtitle B of title VI of the omnibus budget reconciliation act
21 of 1981, Public Law 97-35, 42 U.S.C. 9901 to 9924.
22 (7) "Director" means the director of labor the department.
23 Sec. 4. (1) "Executive director" means the chief
24 administrator of the bureau.
25 (2) "Low income person" means a person who is a member of a
26 household the that has a gross annual income of which that is
27 equal to or less than the poverty standard for the same size
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1 household.
2 (3) "Poverty standard" means the official poverty lino
3 cotabliohed by the federal dircctor of the off iee ef management
4
5 and human ccrvicec purcuant te eeeteli 673(2) ef the emnibua
6 budget reconciliation act of 1981, 12 U.S.C. 9902 federal
7 poverty guidelines published annually in the federal register by
8 the United States department of health and human services under
9 its authority to revise the poverty line under section 673(2) of
10 subtitle B of title VI of the omnibus budget reconciliation act
11 of 1981, Public Law 97-35, 42 U.S.C. 9902.
12 (4) "Service area" means the geographical area within the
13 juriodiction of served by a community action agency.
—14 (5) "State program budget" means state funds, federal block
15 grants, and federal categorical grants that the legislature
16 appropriates annually for community social and economic
17 programs.
18 Sec. 5. The bureau of community acrviccs action and
19 economic opportunity is created within the department. The
20 director shall appoint an executive director who chall be is a
21 member of the state classified service or the state career
22 executive service, as established and approved by the civil
23 service commission. Under the supervision of the department, the
24 bureau shall serve as a statewide advocate for social and
25 economic opportunities for low income persons and may shall do
26 all of the following:
27 (a) Coordinate state activities designed to reduce poverty
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1 and implement community social and economic programs.
2 (b) Cooperate with agencies of the state and federal
3 government and other public agencies, nonprofit private agencies,
4 and nonprofit organizations in reducing poverty and implementing
5 community social and economic programs.
6 (c) Receive and expend funds for any purpose authorized by
7 this act.
8 (d) Provide assistance to units of local government for the
9 purpose of establishing and operating a community action agency.
10 (e) Designate community action agencies pursuant to
11 section 8.
12 (f) Provide technical assistance to community action
13 agencies to improve program planning, program development,
14 administration, and the mobilization of public and private
15 resources. In implementing this subdivision, the department
16 shall contract, when warranted by geographical and other factors
17 or when warranted to meet the requirements of section 15, with
18 public agencies, nonprofit private agencies, or nonprofit
19 organizations.
20 (g) Enter into necessary contracts with community action
21 agencies for the purpose of coordinating community social and
22 economic programs and other programs and services ap designated
23 by the bureau and for which funding is appropriated by the
24 legislature.
25 (h) Contract with public agencies, nonprofit private
26 agencies, or nonprofit organizations for demonstration programs
27 and other services necessary to implement this act.
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1 (i) Conduct performance assessments of the activities and
2 programs of community action agencies.
3 (j) Establish, in cooperation with community action
4 agencies, an educational and public information program designed
5 to increase public awareness regarding the nature and extent of
6 poverty in this state and regarding existing community social and
7 economic programs.
8 -Eivi—lie.*g-icipate in the development of the otatc program
9 1-1,-t aad mak,- budget rccommeftelatiem-e te tee eltreetor baced upon
10
11
12 prefit organinationo purouant to ocction 10.
13
/4 the reduction of poverty and recommend appropriate changes to the
15 governor and the legislature.
16 (1) (m) Submit reports to the governor, the legislature,
17 the state congressional delegation, and other appropriate federal
18 officials regarding the needs, problems, opportunities, and
19 contributions of low income persons; the effectiveness of
20 existing state or federal policies and programs; and recommended
21 actions to improve economic and social opportunities for low
22 income persons.
23 (A) Adminioter thc ncighborheed aetietance laogram
24 e-L-1,11-1-4 ,Lieleamt to Act No. SC of the Public Actc ot 1980,
25
26
27
443FIR
(k) (1) Evaluate state statutes and programs relevant to
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7 BFFHH EFE1-19
00067'03 LAJ
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3 comPRIatai.ty action agcney nay undertake.
4 (m) (o) Administer the homc weatherization assistance
5 program
6
created pursuant to 10 C.F.R. part
8 440. The bureau shall administer the –heffie– weatherization
9 assistance program in a manner that provides that public
10 agencies, nonprofit private agencies, and nonprofit organizations
11 are eligible and shall have the opportunity for funding for each
12 portion of a program which that a community action agency may
13 undertake.
14
15 tiq.c dircctor or the lcgiolaturc.
16 (n) Serve as an advocate within the executive branch to
17 remove administrative barriers to self-sufficiency services and
18 to seek additional resources for antipoverty strategies.
19 Sec. 6. (1) A commission on community action and economic
20 and cocial opportunity is created within the department. The
21 commission shall provide an opportunity for low income persons to
22 actively participate in the development of policies and programs
23 to reduce poverty.
24 (2) The commission shall consist of 6 to 15 members appointed
25 by the governor by and with the advice and consent of the
26 senate.
27
20
2 organized laber, at 1-aot 1 --e ,_erPerrtma l.LntlierS•i•PISM%
3
4
5
6
7
8 directer er deoignce call sc4ec
9 commiacion. The commission shall be comprised of equal numbers
10 of elected officials, private sector members, and low income
11 individuals or as nearly equal in number as possible. At least
12 1/3 of the commission members shall be community action agency
13 representatives as either staff or board members. The governor
-14 shall designate the chairperson of the commission. The
15 chairperson shall serve at the will of the governor. The
16 executive director or designee of the commission shall serve as
17 executive secretary to the commission.
18 (3) Except for m ---- f.4cmt Li.. The term of
19 office of each member shall be 3 years. No member °hall acrvo
21 ocrve for 3 yoaro, hall serve f-r E ,-d =„L,11
22 for 1 year. Vacancies on the commission shall be filled in the
23 same manner as the original appointment for the remainder of the
24 unexpired term.
25 (4) A member of the commission may receive per diem
26 compensation and reimbursement of actual and necessary expenses
27 while acting as an official representative of the commission.
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1 The per diem compensation of the commission and the schedule for
2 reimbursement of expenses shall be established annually by the
3 legislature.
(5) Eight members A majority of the commission shall
5 constitute constitutes a quorum. Except as otherwise provided
6 by rule, action may be taken by the commission by vote of a
7 majority of the members present at a meeting. The commission
8 shall meet not less than 4 times a year. A meeting of the
9 commission may be held anywhere within this state.
10 Sec. 7. The commission shall serve as a statewide forum
11 concerning state policies and programs to reduce proverty
12 poverty and to address the needs and concerns of low income
13 people in the this state. The commission shall do all of the
14 following:
15 (a) Convene a state forum every 2 years that includes
16 representatives from the public, private, nonprofit, and low
17 income sectors to analyze poverty trends and make recommendations
18 to reduce poverty,
19 (b) (a) Convene public meetings to provide low income and
20 other persons the opportunity to comment upon public policies and
21 programs to reduce poverty.
22 (c) (b) Advise the executive director concerning the
23 designation or recision of a designation of a community action
24 agency.
25 (d) (c) Review and comment upon the annual program budget
26 request before its submittal to the governor and the legislature
27 pursuant to section 10.
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1 (e) (d) Advise the governor, the legislature, the state
2 congressional delegation, and other appropriate federal officials
3 of the nature and extent of poverty in the state and make
4 recommendations concerning needed changes in state and federal
5 policies and programs.
6 (f) (c) Advise the director and the governor at least
7 annually concerning the performance of the bureau in fulfilling
8 its requirements as prescribed by this act.
9 (g) Participate with the bureau to implement a public
10 education program designated to increase public awareness
11 regarding the nature and extent of poverty in this state.
12 (h) Receive reports from the bureau on strategies to reduce
13 poverty and make recommendations based on those reports to the
14 governor.
15 (i) In coordination with community action agencies and the
16 commission, establish an education and public information program
17 designed to increase public awareness regarding the nature and
18 extent of poverty in this state and regarding existing community
19 social and economic programs.
20 (j) Evaluate state statutes and programs relevant to the
21 reduction of poverty and recommend appropriate changes to the
22 governor and the legislature.
23 (k) Submit reports to the governor, the legislature, the
24 congressional delegation, and other appropriate federal officials
25 regarding the needs, problems, opportunities, and contributions
26 of low income persons and the effectiveness of existing state and
27 federal policies and programs, and recommend actions to improve
00067'03 LAJ
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1 economic and social opportunities for low income persons.
2 Sec. 8. (1) Except as required to meet the requirements of
3 section 15, the executive director shall designate community
4 action agencies to fulfill the requirements of this act in the
5 service areas governed by 1 or more units of local government. A
6 community action agency designated by the executive director may
7 be 1 of the following:
8 (a) A public office or agency of a unit of local government
9 which that is designated as a community action agency by the
10 chief elected official of that unit of government.
11 (b) A public office or agency which that is designated as a
12 community action agency by the chief elected officials of a
13 combination of 2 or more units of local government.
14 (c) A nonprofit private agency serving 1 or more units of
15 local government , = - -=--- - - approved by
16 the chief elected official of the unit of local government to bc
17 ee-rve-d— that includes the service area, or if more than 1 unit of
18 local government is to bc 2crvcd included in the service area,
19 by the chief elected officials of the county or counties served
20 in which the local governments are located and of at least 2/3 of
21 the cities, villages, and townships to bc oervcd in the service
22 area that have a population of not less than 100,000.
23 (d) A public or private nonprofit agency designated by 1 or
24 more native American tribal governments which that have been
25 established pursuant to state or federal law.
26 (2) Before designating or rescinding the designation of a
27 community action agency, the executive director shall do all of
00067'03 LAJ
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1 the following:
2 (a) Consult with the director.
3 (b) Consult with the chief elected official of each county
4 and of each city, village, or township with a population of not
5 less than 100,000 within the existing or proposed service area.
6 (c) Hold at least 1 public meeting in the service area to
7 provide low income and other citizens living within the service
8 area the opportunity to review and comment upon the strengths and
9 weaknesses of the existing or proposed community action agency.
10 (d) Consult with and obtain the advice of the commission on
11 the proposed action.
12 (3) Notwithstanding subsections (1) and (2), each community
13 action agency which that has been designated by the community
14 services administration pursuant to the economic opportunity act
15 of 1964, Public Law 88-452, 78 Stat. 508, and which that is in
16 operation on the effective date of thip act the 2003 amendatory
17 act that amended this section shall continue as a community
18 action agency.
19 (4) The executive director may rescind the designation of a
20 community action agency for cause. In implementing this
21 subsection, the executive director shall follow the procedures
22 set forth in subsection (2) and the procedures set forth in the
23 community services block grant act, subtitle B of the omnibus
24 budget reconciliation act of 1981, Public Law 97-35, 42
25 U.S.C. 9901 to 9924.
26 Sec. 9. A community action agency shall serve as a primary
27 advocate for the reduction of the causes, conditions, and effects
00067'03 LAJ
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1 of poverty and shall provide social and economic opportunities
2 that foster self-sufficiency for low income persons. A community
3 action agency may engage in activities necessary to fulfill the
4 intent of this act, including but not limited to the following:
5 (a) Informing thc this state, units of local government,
6 private agencies and organizations, and citizens of the nature
7 and extent of poverty within the service area.
8 (b) Developing, administering, and operating community social
9 and economic programs to reduce poverty within the service area.
10 (c) Providing a range of services and activities having a
11 measurable and potentially major impact on causes of poverty in
12 the community or in the service areas of the community.
13 (d) Providing activities designed to assist low income
14 participants, including the elderly poor, to secure and retain
15 meaningful employment; to attain an adequate education; to make
16 better use of available income; to obtain and maintain adequate
17 housing and a suitable living environment; to obtain emergency
18 assistance through loans or grants to meet immediate and urgent
19 individual and family needs, including the need for health
20 services, nutritious food, housing, and employment-related
21 assistance; to remove obstacles and solve problems which block
22 the achievement of self-sufficiency; to achieve greater
23 participation in the affairs of the community; and to make more
24 effective use of other programs related to the purposes of this
25 section.
26 (e) Providing on an emergency basis for the provision of
27 supplies and services, nutritious food items, and related
00067'03 LAJ
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1 services necessary to counteract conditions of starvation and
2 malnutrition among the poor.
3 (f) Providing and establishing linkages between governmental
4 and other social services programs to assure the effective
5 delivery of services to low income individuals.
6 (g) To encourage the use of entities in the private sector of
7 the community in efforts to reduce poverty.
8 (h) (c) Conducting pilot and demonstration projects with
9 innovative approaches to reduce poverty, improve services, and
10 utilize resources.
11 (i) (d) Providing and advocating for training and technical
12 assistance to public and private agencies, community groups, and
13 units of local government to better define human problems, to
-14 improve services, and to facilitate citizen participation,
15 including that of low income persons.
16 (j) (c) Increasing interagency coordination and cooperation
17 in serving low income persons. If possible, community action
18 agencies shall enter into partnership and collaboration with
19 other organizations to meet economic self-sufficiency goals.
20 (k) (f) Entering into contracts with federal, state, and
21 local public and private agencies and organizations as necessary
22 to carry out the purposes of this act.
23 (1) (g4 Mobilizing federal, state, and local public and
24 private financial resources and material and volunteer resources
25 to reduce poverty and increase social and economic
26 opportunities.
27 (h) Developing an annual program budget request pursuant to
00067'03 LAJ
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23
24
25 Et-efe
26
27
00067'03 LAJ
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1 scction 10.
2 (i) Rccciving and acccptifts staAte fL L-
3 laemotc thc activitics authorizcd Sy this act.
4 (m) Mobilizing community involvement from private and
5 nonprofit sectors, including, but not limited to, businesses,
6 economic and job development organizations, nonprofit faith-based
7 communities, technical colleges and institutions of higher
8 education, and the public sector, including, but not limited to,
9 townships, cities, counties, and this state to address issues of
10 poverty. Community action agencies shall coordinate with
11 welfare-to-work strategies and implement strategies that increase
12 household income and assets that lead to long-term economic
13 self-sufficiency.
14 (n) Serving populations with barriers to self-sufficiency
15 such as individuals and families with low incomes, senior
16 citizens, young children, homeless persons, physically and
17 developmentally disabled persons, low wage workers, and adults
18 without literacy skills or basic education or adequate skills
19 needed for the workplace.
20 (o) (j) Engaging in any other activity necessary to fulfill
21 the intent of this act.
Sec. 10.
Pra•PrE
5
6
7
8
22
23
24
1 B•14444ii€
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2 Distribution of funds to community action agencies shall meet
3 federal requirements.
4 (2) Within 12 month° after thc effective dat, -f LL1.,
9 well ac other factor° that thc directou and the el,„utlf„
10 director consider appropriate.
11 Sec. 11. (1) A community action agency that io a
12 hehffofit agency, ac prevdcd ix oecticm 0(1)(c) el (1), shall
13 establish a governing board of directors which- ohall conoict
-14 that consists of not boo than 15 mer mot.e-herft-.5.+-mcmbero. the
15 following:
16 (a) One-third are elected public officials. An elected
17 public official may act through his or her representative.
18 (b) One-third of the members ohall be are low income,
19 elderly, or consumers with disabilities. reciding in the ocrvicc
20 arca of the community action agency. Conoumer pro tat...
21
E.E1-1=Fa
4-F1-61.E14,1-E
25 action agency.
26 (c) One-third of the members ohall represent the private
27 sector, including representatives of business and industry,
00067'03 LALT
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16
1 agriculture, labor, and religious and civic organizations.
(2) The board of directors sLail i 1Ll
4 thc following;
5 (a) Thc appointment and diomiooal ef ao
6 thc community action agency.
7 -G1.—t349i9
9 action agency.
10
11 or a ccl
12 general.
13
-14 commianity action agency.
15 (c) Advioing thc chief cicatcd officials ef th- iL f
16
17 of poverty with4.19. the at.ca eft4 -reeemmorrelf—rxrecimmrerrr.se
18 federal, otatc, and local polieica and piegrame-r
19
20
21 and program a to reduce povcrtrr
22
23
24
25 community action agency to the bureau, thc eLic.f cicctcd
26
l'etoemtle'etrft—eoriees•rft•L'el'Igar'01.
00067'03 LAJ
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1 that hae a pepulation of not less than 100,000. The evaluation
3 accordance with section 11(2).
4 (3) A board may establish standing committcee, ineA_Iadin an
5 executive committee, ac necessary to conduct its business in an
6 effective and efficient manner, provided that each committee
7 ahall hasove the same proportional representation of consumer,
8 public, and private members as the governing board.
9 Enacting section 1. Sections 12 and 20 of the Michigan
10 economic and social opportunity act of 1981, 1981 PA 230, MCL
11 400.1112 and 400.1120, are repealed.
00067'03 Final Page LAJ
G. William Caddell, County Cler-k
Resolution #03074 April 17, 2003
Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted
(with accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Jamian, Knollenberg, Law, Long,
McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Zack, Bullard. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
3 • I .1.1n.4 A471 L4t34.4 4.14 1
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 17, 2003,
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 17th day of April, 2003.
