HomeMy WebLinkAboutResolutions - 2007.04.26 - 28327REPORT (misc. #07081) April 26, 2007
0.\ BY: General Government Committee, Christine Long, Chairperson
IN RE: MR #07081 — BOARD OF COMMISSIONERS — SAFEGUARDING PUBLIC
COURT RECORDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution
#07081 on April 16, 2007, reports with a recommendation that the resolution be adopted.
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 # 07081
BY: Commissioner Tim Burns, District #19
RE: Board of Commissioners — Safeguarding Public Court Records
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 2006, the Oakland County Clerk/Register of Deeds established a new online service,
called Court Explorer, that allows citizens, as well as, attorneys to access Oakland County Circuit
Court records online; and
WHEREAS this provides a tremendous public service through the convenient and cost-effective
access of information and provides a great benefit to the legal community; and
WHEREAS the public benefit, however, is mitigated when there is an infringement of personal
privacy through the release of sensitive personal information, especially, financial and investment
account numbers, within public court documents; and
WHEREAS users are allowed to view, for free, case information in civil, domestic and felony criminal
cases, including the case summary, the parties named in the documents and the names of their
attorneys; and
WHEREAS the user is not able to see the contents of the records via the internet, but, can place an
order online with the County Clerk's office; and
WHEREAS federal law requires the Social Security Numbers (SSN) contained in public court
documents filed after March 1, 2006 to be redacted (blacked out) in copies requested by the public;
and
WHEREAS the County Clerk's office reviews requested documents and redacts all SSNs in
compliance with the law before they are mailed or emailed to the purchaser; and
WHEREAS the Judicial Conference of the United States and the E-Government Act of 2002,
established a policy that copies of case documents provided by the U.S. District Court Clerk's office
may include Personal Data Identifiers (PDI's), such as Social Security numbers, financial account
numbers, birthdates, or names of minor children, which have been redacted (blacked out) by court
staff; and
WHEREAS in contrast, County Clerks in Michigan do not presently have any authority to alter a
public record by redacting Personal Data Identifiers (PDI's) including financial and investment
account numbers, unless mandated by federal or state law; and
WHEREAS County Clerks are also currently prohibited from redacting SSNs when true or certified
copies of court records are requested; and
WHEREAS the Circuit Courts, District Courts and County Clerks in the State of Michigan should be
empowered to protect personal privacy, while promoting electronic access to court documents, that
may include Personal Data Identifiers (PDI's), such as Social Security Numbers, financial account
numbers, birthdates, or names of minor children.
NOW THEREFORE BE 1T RESOLVED that the Oakland County Board of Commissioners hereby
urges the Michigan State Legislature and the Michigan Supreme Court Administrative Office to seek
the enactment of legislation that permits County Clerk's to protect personal privacy by redacting
Personal Data Identifiers (PDI's), such as financial account numbers, from requested copies of court
documents.
Commissioner
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BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Michigan Legislature, Michigan Supreme Court Administrative Office,
Oakland County Circuit Court Judges, Oakland County Court Administrator, the Michigan
Association of Municipal Clerks, the Oakland County Bar Association, the Michigan Association of
Counties, and Oakland County's lobbyists.
Chairperson, we move the adoption of the foregoing Resolution.
Commissioner
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Resolution #07081 April 5, 2007
The Chairperson referred the resolution to the General Government Committee. There were no objections.
Resolution #07081 April 26, 2007
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the amended
Consent Agenda, be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Suarez, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent
Agenda, were adopted (with accompanying reports being accepted).
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 April 26, 2007, 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 26th day of April, 2007.
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DOES NOT REWIRE COUNTY EXECUTIVE ACTION