HomeMy WebLinkAboutResolutions - 2006.03.09 - 28213March 9, 2006
REPORT MR #06025
BY: General Government Committee, William R. Patterson, Chairperson
RE: MR #06025 Board of Commissioners — Opposition to Senate Bill 945 to Make the
Drain Commissioner an Appointed Position
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee having reviewed MR #06025 on February 27,
2006 Reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance
of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried on a unanimous roll call vote with Long and Crawford absent
Miscellaneous Resolution #06025
BY: Commissioners Sue Ann Douglas, District #12 and Eileen T. KowaII, District #6
RE: Board of Commissioners - Opposition to Senate Bill 946 to Make the Drain
Commissioner an Appointed Position
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 945 proposes to amend the Michigan Election Law, Sections 200
and 209 (MCL 168.200 and 168.209), to provide that in a county with a population of
500,000 or more, the County Board of Commissioners may, by resolution, convert the
position of Drain Commissioner from an elected office to an appointed position; and ,
WHEREAS Senate Bill 945 further provides that the County Board of Commissioners is
to first hold a public hearing, then adopt a resolution establishing the appointed Drain
Commissioner position before the deadline for the nominating petitions for the office of
Drain Commissioner. The resolution does not take effect until there is an open vacancy
in the office of Drain Commissioner; and
WHEREAS The Michigan Association of County Drain Commissioners (MACDC) has
noted that the language in SB 945, creating an appointed Drain Commissioner, would be
in direct conflict with Section 21 of the Michigan Drain Code (MCL 280.21). The MACDC
is opposed to the idea of an appointed Drain Commissioner regardless of the population
of the County in which the Drain Commissioner acts; and
WHEREAS if Senate Bill 945 is passed, the Drain Commissioner would retain the authority
to assess properties for the cost of a project; however, the Drain Commissioner would no
longer be accountable to the electorate for his/her actions in making such apportionments;
and
WHEREAS Senate Bill 945 would be creating a conflict of interest because the Drain
Commissioner would be appointed by the County Board of Commissioners, but would also
be assessing the County for a portion of the project cost; and
WHEREAS as county populations continue to expand within the State of Michigan, under
Senate Bill 945 there would be increasingly an arbitrary divide between counties with
appointed Drain Commissioners and counties where the Drain Commissioner is elected,
without any rational reason for the distinction.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby opposes Senate Bill 945 and holds the position that the office of the Drain
Commissioner should remain an elected office, regardless of the population of the county,
so that the Drain Commissioner is held accountable to the local electorates.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests
the Oakland County Clerk to forward copies of this adopted resolution to the House
Committee on Local, Urban and State Affairs, the Oakland County Delegation to the State
Legislature, the Michigan Association of Counties, the Oakland County Drain
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Commissioner Sue Dougl
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Commissioner, the Michigan Association of County Drain Commissioners and the Oakland
County Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing Resolution.
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Resolution #06025 February 2, 2006
The Chairperson referred the resolution to the General Government Committee. There were no objections.
Resolution #06025 March 9, 2006
Moved by Zack supported by Rogers the resolutions (with fiscal notes attached) on the Consent Agenda, as
amended, be adopted (with accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda,
as amended, (with accompanying reports being accepted) were adopted.
'ins or ma ow MM. an
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 9, 2006, 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 9th day of March, 2006.
J,QbasorVCounty Clerk