HomeMy WebLinkAboutResolutions - 2003.09.04 - 27378Miscellaneous Resolution # 03246
BY: Commissioners Thomas F. Middleton, District #4, Eileen T. KowaII, District #6
RE: Board of Commissioners - Commissioners Ineligible for County Appointment
Upon Resignation from Office
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, over the past three years, the Oakland County Board of
Commissioners has experienced the resignation of three Commissioners during their term
of office; and
WHEREAS, Public Act 261 of 1966, provides that when a seat on the Board of
Commissioners becomes vacant, and if the County Board of Commissioners does not fill
the vacancy by appointment within 30 days, that vacancy shall be filled by a special
election regardless of whether the year is an election year or an odd year; and
WHEREAS, the costs associated with holding a Special Primary Election and a
Special Election are not anticipated in the budgets of the affected local governments and
thereby poses an unanticipated financial hardship on the local communities and leaves the
constituents of the County Commissioner District without representation until the seat is
filled; and
WHEREAS, the 1963 Constitution of the State of Michigan, Article IV, Section 9,
provides that, "No person elected to the legislature shall receive any civil appointment
within this state from the governor, except notaries public, from the legislature, or from any
other state authority, during the term for which he is elected;" and
WHEREAS, making elected officials ineligible to seek appointments from the same
governmental unit to which they have been elected upholds and respects the reasonable
expectations of voters that elected officials whom they have duly elected will serve their
entire term of office.
NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of
Commissioners hereby establishes a policy prohibiting any person elected or appointed
to the office of Oakland County Commissioner from receiving any civil appointment within
Oakland County from the County Executive, from the Board of Commissioners, or from any
other County authority, during the term of office for which they were elected.
BE IT FURTHER RESOLVED that this adopted policy in no way precludes Oakland
County Commissioners from being appointed to serve on boards and commissions
associated with the performance of their elected office and held in conjunction with their
term of office.
Chairperson, we move the adoption of the foregoing Resolution.
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Commissioner Thomas F. Middleton sioner Eileen T. all
District #4 District #6
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Resolution #03246 September 4, 2003
The Chairperson referred the resolution to the General Government Committee and Personnel
Committee. There were no objections.