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HomeMy WebLinkAboutResolutions - 2004.03.31 - 27382REPORT (MISC. #04067) April '1, 2004 BY: General Government Committee, William R. Patterson, Chairperson IN RE: MR #04067 — SUPPORT FOR HB 4338 — THE DIRECT ELECTION OF INTERMEDIATE SCHOOL BOARD MEMBERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #04067 on March 22, 2004, reports with a recommendation that the resolution be amended, as follows: 1. Amend the IN RE:, as follows: Board of Commissioners — Support for 4& 4334 The Direct Election of Intermediate School Board Members. 2. Strike the 11 th WHEREAS ( t4e-legis.latwe, 3. Add the following three WHEREAS paragraphs, making them the 1 1 th, 12th and 13th WHEREAS paragraphs: WHEREAS HB 4338, as passed by the House Education Committee, required that voters must circulate petitions and collect the number of signatures equal to 25% of the total votes cast for governor in the last election in order to place the question of directly electing Intermediate School Board members on the ballot, which equates to 108,903 signatures in Oakland County; and WHEREAS the requirement for petitions to contain signatures equal to 25% of the total votes cast for governor in the last election is significantly greater than the vast majority of Michigan statutes that contain initiative and referendum language, and such a requirement is clearly intended to block democracy by placing an obstructive burden upon the voting taxpayers of Michigan; and WHEREAS HB 4338 passed the State of Michigan House and the portion of the Bill permitting voters the right to petition to place on the ballot the question of whether to elect intermediate school board members was completely removed. 4. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the concept of legislation that provides a reasonable mechanism of petitioning for the direct election of intermediate school board members. 5. Add the following BE IT FURTHER RESOLVED paragraphs, making them the 1st and 2nd BE IT FURTHER RESOLVED paragraphs, as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages the Michigan State Senate to place a reasonable and democratic process for petitioning the public to place the question before the voters for the direct election of intermediate school board members. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan State Senate to require petition signatures of no more than 10% of the total votes cast for governor in the last election in order to place the question of directly electing intermediate school board members on the ballot. 6. Amend the last BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that copies of this resolution be sent to all Oakland County State Representatives, Oakland County State Senators, the House Education Committee, the House Intermediate School Board Subcommittee, the Senate Education Committee, all Oakland County cities, villages and townships and Governor Jennifer Granholm. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION # 04067 By: Sue Ann Douglas, District #12; Eileen Kowell, District 6; John Scott, District #5; Eric Wilson, District #3 IN RE: Support for HB 4338 — The Direct Election of Intermediate School Board Members TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS American citizens value the right to vote for those who govern; and WHEREAS in rare cases, Michigan Law has not provided the registered voters of Michigan the right and privilege of directly electing board members to a governing body funded primarily through property taxes; and WHEREAS governance of intermediate school districts (ISD's) relies on a board of education to oversee the finances and operations of the district; and WHEREAS intermediate school districts are responsible for providing educational services to students in their constituent local school districts; and WHEREAS intermediate school districts are primarily funded by voted property tax millages; and WHEREAS most Michigan intermediate school districts do not provide a system for the registered voters of the district to directly elect the members of the ISD governing board of education; and WHEREAS in intermediate school districts that do not provide for direct election of board members, intermediate school board members are elected by the members of the ISD's constituent district school boards with each constituent board providing 1(one) member to a body that votes biennially on the first Monday in June to elect ISD board members; and WHEREAS current law does not require the disclosure of constituent school boards' voting preferences for intermediate school board (ISD) members or require that the electoral meeting be an open meeting; and WHEREAS not providing for the direct election of ISD board members by the registered voters of the district establishes a system with distance and anonymity from the registered voters of the district who fund the operation; and WHEREAS the direct election by the registered voters of an ISD district provides a level of accountability that currently does not exist; and WHEREAS HB4338, requiring a method for the direct election of intermediate school board members, is being considered by the legislature. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the concept of legislation that provides a mechanism for the direct election of intermediate school board members. BE IT FURTHER RESOLVED that copies of this resolution be sent to all Oakland County State Representatives, Oakland County State Senators, the House Education Committee, the House Intermediate School Board Sub Committee, all Oakland County cities, villages and townships and Governor Jennifer Granholm. Chairperson, I move adoption of the foregoing resolution. c.L.7 tty r ve L 74L z 3 tc 4=-r ga_e_- tA,OLL-A y,/ Resolution #04067 March 4, 2004 The Chairperson referred the resolution to the General Government Committee. There were no objections. G. William Caddell, County Clerk Resolution #04067 April 1, 2004 Moved by Patterson supported by Douglas the resolution be adopted. Moved by Patterson supported by Webster the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Middleton the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefore, the motion carried. Moved by Douglas supported by KowaII to amend the resolution in the first BE IT FURTHER RESOLVED paragraph to insert the words put in to read as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages the Michigan State Senate to put in place a reasonable and democratic process for petitioning the public to place the question before the voters for the direct election of intermediate school board members. A sufficient majority having voted therefore, the motion carried. Discussion followed. Vote on resolution as amended: AYES: Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Webster, Wilson, Bullard, Crawford, Douglas, Hatchett. (20) NAYS: Suarez, Zack, Coulter. (3) A sufficient majority having voted therefore, the resolution, as amended, was adopted. DOES NOT REQUIRE COUNTY EXECUTIVE ACTION 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 1, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the sealvof the County of Oakland at Pontiac, Michigan this 1st day of April, 2004.