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HomeMy WebLinkAboutResolutions - 2003.10.02 - 27294REPORT (MISC. 103249) October 2, 2003 BY: General Government Committee, William R. Patterson, Chairperson IN RE: MR #03249— BOARD OF COMMISSIONERS — RESOLUTION IN SUPPORT OF SENATE BILL 687, SPONSOR SENATOR MIKE BISHOP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03249 on September 22, 2003, reports with a recommendation that the last Whereas paragraph and the Now Therefore Be It Resolved paragraph be amended, as follows: WHEREAS the Legislative Affairs Study Group of the Oakland County Board of Commissioners recommends that the Oakland County Board of Commissioners support SB 687. as introduced, provided tlaat,Sectidan-1-0-9#41:14-Kopsistail the following amendments are considered in the legislation: Amend Section 10(1), line 19 on page 4: "Within 10 days after being e Strike "elected" and replace with "sworn-in" Amend Section 10(2), line 26 on page 4: "The county executive shall file a statement with the county clerk identifying the individual appointed as chief deputy and all other individuals appointed as a deputy." ▪ After "deputy" add "or assistant deputy" Amend Section 10(3), lines 1 through 5 on page 5: Strike Subsection (3) of Section 10, entirely. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support SB 687, ag-iatraa€14God, so long as .Section-44-is-Glar.ified these concerns in Section 10 are addressed and clarified with consideration of the recommended amendments outlined above. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. vk, frvA-9171-1 cLA7L-44,1 GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried unanimously on a roll call vote. (A)A-7, MISCELLANEOUS RESOLUTION # 03249 BY: Martin J. Knollenberg, District #13 IN RE: BOARD OF COMMISSIONERS — RESOLUTION IN SUPPORT OF SENATE BILL 687, sponsor Senator Mike Bishop To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, SB 687 amends PA 139 of 1973 to clarify procedures for the vacancy in a county executive office; and WHEREAS, SB 687 relates to county government, employees and officers: and WHEREAS, the bill, as introduced, provides new language (Section 9a) requiring the County Board of Commissioners to appoint a new county executive within 30 days of when a vacancy occurs by the county executive due to death or resignation; and WHEREAS, the Study Group of the Oakland County Board of Commissioners recommends that the Oakland County Board of Commissioners support SB 687, as introduced, provided that Section 10 of this proposed legislation is clarified and concerns are addressed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support SB 687, as introduced, so long as Section 10 is clarified and concerns of this provision are addressed. Chairperson, I move the adoption of the foregoing resolution. Martin J. Knollenberg, District #13 teiGu But e otzitt Counties; employees and officers; procedures for the vacancy in a county executive office; clarify, Counties employees and officers J 6 g r-1 . Rai/0P .-0,as,v4...) A bill to amend 1973 PA 139, entitled An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, COMMiSSicalS, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending sections 9 and 10 (MCI, 45..559 and 45.56C), section 9 as amended by 1980 PA 100, and by adding. section 9a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 9. (1) A county executive who is a qualified elector 2 in the county shall be elected on a partisan basis for a term of 3 4 years concurrent with —5a-t-- the term of the county prosecuting 4 attorney, county clerk, county register of deeds, county 5 treasurer, county sheriff, elected county auditors, and county 6 drain commissioner. The first term of office of If a county 01192'03 ** SAT pursuant to the laws applicable to 17 aecorn 26 E4-134=_I 2 1 executive ---when- is elected at an election different than the 2 election for county officers, his or her first term shall extend 3 only until the January following the election at wh4eh- for 4 county officers. --a-rc clected, (2) The first county executive may be nominated in the sane 6 or next primary or general eleclJon held after the election in 7 which alternate B is approved. The county executive shall then 8 be elected in the next regular primary or general election 9 occurring not less than 30 days nor more than 90 days after the 10 date of the election in which alternate B is approved or in which 11 he or she was nominated. If a primary or general election is not 22 scheduled during --e-he- that period, the -county- epievhe 13 49e-e-lee.4.64-e4-e-epee4.04-4Feeei-ea-ealicel Lf t1.- board of county 14 ,commissioners IS the shall call a special election to elect a county executive. 16 The county executive shall be nominated and elected -441 18 the nomination and election of other county officials. 19 (3) If the first election of a county executive is a special 20 election for that purpose only, and not more than only 1 21 candidate for each political party qualifies to have his or her 22 name appear on the primary ballot, a primary election shall not 23 be held, and the candidate qualifying shall be certified as the 24 nominee of the political party for which he or she filed. 25 = - - hireh-beeomee 27 e-f—t-he-4eea-rd-e-f—eeuy-eemmie-s--ienere-un--t-he--next gener-ea- 01192' 03 " AT 1 P-R-R•13-.Q 2 g rity S e-Hee C term ger 3 emcciaktiv.c mad ix the m..a.1441-er providcd in thdo section for thQ 4 elee*eft-e4-eettft-ey-e*eeutives. The-newly elected cewn-ty 6 whieb-*he-eemnty executive who rosivned or dieel-wee-ekeete4,- 7 (4) The salary of ta)e county executive for the initial 8 term shall be established by the board of county commissioners 9 not leoc than- at least 6 months before the effective date of 10 the optional unified form of county government, containing 11 alternate B. -beeemec cffcetive-r- The salary shall be established 12 by the board consistent with the procedures established for other 13 elected officials. The county executive's salary shall be 14 commensurate with the duties and responsibilities of the office. 15 The salary of a county executive shall not be reduced during his 16 or her term of office except as part of a general salary 17 reduction, 18 Sec. 9a. (1) If a vacancy occurs in the office of the 19 elected county executive due to death or resignation of the 20 elected county executive, the chief deputy shall take the 21 constitutional oath of office and serve as the county executive 22 until the county board of commissioners appoints a successor to 23 the elected county executive or until a special election is held 24 as provided by law. 25 (2) If the county board of commissioners elects to appoint a 26 successor, the appointment shall be made no later than 30 days 27 from the date of the death or resignation. A county executive L€ LLu 01192'03 ** 4 1 appointed by the county board of commissioners shall serve until 2 the next general election. If the county board of commissioners 3 does not make an appointment within the required 30 days under 4 this Subsection, a special election shall be held at the earliest 5 possible date allowed by law. 6 (3) If the chief deputy is unable to serve as the county 7 executive due to death or resignation of the chief deputy, the 8 next highest ranking deputy shall take the constitutional oath of 9 office and serve as the county executive until the county board 10 of commissioners appoints a successor as provided under 11 subsection (1) or until a special election is held as provided by 12 law. 13 (4) A new county executive shall be elected at the next 14 general election after the death or resignation of a county 15 executive as provided in section 9 for the election of county 16 executives. The newly elected county executive shall serve a 17 term equal to the balance of the term for which the county 18 executive who died or resigned was elected. 19 Sec. 10. (1) within la days after being elected, the county 20 executive shall appoint a chief deputy. The county executive may 21 also appoint additional deputies who he or ahe considers 22 necessary to perform the functions and duties of the office of 23 elected county executive. 24 (2) The county executive shoal file a statement with the 25 county clerk identifying the individual appointed as chief deputy 26 and all other individuals appointed as a deputy. The statement 27 shall aloo identify the ranking order of the deputies. G 0--LA 01192'03 " SAT (3) If the county executive is absent or unable to perform 2 the duties of his or her office, the chief deputy shall perform 3 the duties of the county executive until such time that the 4 elected county executive can resume the duties of hi a or her 5 office. 6 (4) The county executive may revoke his or her appointmenta 7 at any time. 8 15) The county executive shall be responsible for the overall 9 supervision of all county departments not headed by other elected 10 officials. 1,t04.11--c 01192'03 ** Final Page SAT Resolution #03249 September 4, 2003 The Chairperson referred the resolution to the General Government Committee. There were no objections. Resolution #03249 October 2, 2003 Moved by Patterson supported by Coleman the resolution be adopted. Moved by Patterson supported by Coleman the General Government Committee Report be accepted. A sufficient major:ty having voted therefore, the report was accepted. Moved by Knollenberg supported by Bullard the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority not having voted therefore, the motion failed. Discussion followed. Commissioner Bullard motioned to amend the General Government Committee Report to read as follows: ri-ke-SubseGtion-(3)-ef-Seetion-10 entirely, Discussion followed. Commissioner Bullard withdrew his motion to amend. Discussion followed. As a result of the discussion: Moved by Webster supported by Bullard to amend the resolution as follows: WHEREAS the Legislative Affairs Study Group of the Oakland County Board of Commissioners recommends that the Oakland County Board of Commissioners support SB 687, as introduced, provided that-Section 1-0 of this proposed logistation--is-ol-arified-and-oonoern-s•ore addressed the following amendments are considered in the legislation: Amend Section 10(1), line 19 on page 4: "Within 10 days after being elected,..." • Strike "elected" and replace with "sworn-in" Amend Section 10(2), line 26 on page 4: "The county executive shall file a statement with the county clerk identifying the individual appointed as chief deputy and all other individuals appointed as a deputy." • After "deputy" add "or assistant deputy" NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support SB 687, as-iotr-odeoedi so long as Sestioe-1-0-is-olarifiect• • - - • - are-addressed: these concerns in Section 10 are addressed and clarified with consideration of the recommended amendments outlined above. A sufficient majority having voted therefore, the motion carried. afIG-G011-GLari4S-or-m-ts-arn G. William Caddell, County Clerk fr S I Resolution #03249 ;Cont.; October 2, 2003 Vote on resolution, as amended: AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knolenberg, KowaII, Long, McMil'in, Middleton, Moffitt, Moss, Patterson, Potter, Rogers, Scott, Suarez. Webster, Wilson, Zack, Bullard, Coleman, Coulter. (23) NAYS: Palmer. (1) A sufficient majority naving voted therefore, the resolution, as amended was adoptec. DOES NOT REQUIRE COUNTY EXECUTIVE AC111:1 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Cierk 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 October 2, 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 theA,County of Oakland at Pontiac, Michigan this 2nd day of October, 2003.