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HomeMy WebLinkAboutResolutions - 2019.02.07 - 30981MISCELLANEOUS RESOLUTION #19030 p, . BY: Commissioner Helaine Zack, District #18 1.,) 16_,.•n_ "-Al' -A-t7 Yf I 1.4441. IN RE: BOARD OF COMMISSIONERS — POLICY PROHIBITING CONTRACTUAL SERVICES AGREEMENTS WITH INDIVIDUALS OF A FAMILIAL RELATIONSHIP OF AN ELECTED OR APPOINTED OFFICIAL 6,,r7 itire-Gft-tivia4V To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 139 of 1973 authorizes the Board of Commissioners to "Establish policies to be followed by the government of the county in the conduct of its affairs"; and WHEREAS the elected and appointed officials serving in high ranking positions within Oakland County's government leadership structure must retain the public's trust, maintain transparency and place public service before private gain: and WHEREAS the appearance of preferential treatment or undue influence can occur when family members of high-ranking officials are awarded contracts from Oakland County; and WHEREAS that County's Purchasing Policies grant elected officials, Deputies and Department Directors authority to enter into professional services contracts without prior Board approval; and WHEREAS current Purchasing Policies and Procedures do not prohibit contracts between with family members of Oakland County employees and officials; and WHEREAS current policies only provide for notification to the Auditing Division to make an internal review regarding the contractor; and WHEREAS the elected and appointed officials at Oakland County's highest offices should be held to a higher standard. NOW THEREFORE BE IT RESOLVED that that Oakland County Board of Commissioners hereby adopts the following policy: Oakland County shall not enter into a contractual relationship with an individual for a commodity, good or service in excess of $5,000 if that individual is of a familial relationship with an elected or appointed official as defined by Merit Rule 18.2.1. For the purposes of this policy an elected official shall mean the County Executive, the Sheriff, the Prosecuting Attorney, the Treasurer, the Water Resources Commissioner, the County Clerk/Register of Deeds and members of the Board of Commissioners. An appointed official shall mean the Deputy County Executives, Directors of Departments subject to Board confirmation under PA 139, Undersheriff/Chief Deputy, Chief Deputy Treasurer, Deputy Clerk/Register of Deeds, Chief Deputy Water Resources Commissioner, Chief Assistant Prosecutor. It shall be the responsibility of the vendor and the elected official or appointed official to disclose and report the existence of a familial relationship promptly to the Purchasing Division and the Board of Commissioners. The terms of any pre-existing contract not in compliance with this policy shall be honored but not renewed, this policy may be waived by majority vote of the Board of Commissioners. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the County Clerk/Register of Deeds distribute the attached policy to the elected and appointed officials covered by this policy upon its enactment. Chairperson, I move the adoption of the foregoing resolution. Commissioner H-6Iaine Zack District #18 ComnniOione District # Commissioner Distri Col-nm is -r3fier District # , Commissioner Dist .ct # Commissioner District # Commissioner District * Commissioner District # 111 •iL Commissioner District # I titl( Commissioner Dist.ct # Lt-Li -S Commissioher District # 1 Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Corn missioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Resolution #19030 February 7, 2019 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #19030 p, . BY: Commissioner Helaine Zack, District #18 1.,) 16_,.•n_ "-Al' -A-t7 Yf I 1.4441. IN RE: BOARD OF COMMISSIONERS — POLICY PROHIBITING CONTRACTUAL SERVICES AGREEMENTS WITH INDIVIDUALS OF A FAMILIAL RELATIONSHIP OF AN ELECTED OR APPOINTED OFFICIAL 6,,r7 itire-Gft-tivia4V To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 139 of 1973 authorizes the Board of Commissioners to "Establish policies to be followed by the government of the county in the conduct of its affairs"; and WHEREAS the elected and appointed officials serving in high ranking positions within Oakland County's government leadership structure must retain the public's trust, maintain transparency and place public service before private gain: and WHEREAS the appearance of preferential treatment or undue influence can occur when family members of high-ranking officials are awarded contracts from Oakland County; and WHEREAS that County's Purchasing Policies grant elected officials, Deputies and Department Directors authority to enter into professional services contracts without prior Board approval; and WHEREAS current Purchasing Policies and Procedures do not prohibit contracts between with family members of Oakland County employees and officials; and WHEREAS current policies only provide for notification to the Auditing Division to make an internal review regarding the contractor; and WHEREAS the elected and appointed officials at Oakland County's highest offices should be held to a higher standard. NOW THEREFORE BE IT RESOLVED that that Oakland County Board of Commissioners hereby adopts the following policy: Oakland County shall not enter into a contractual relationship with an individual for a commodity, good or service in excess of $5,000 if that individual is of a familial relationship with an elected or appointed official as defined by Merit Rule 18.2.1. For the purposes of this policy an elected official shall mean the County Executive, the Sheriff, the Prosecuting Attorney, the Treasurer, the Water Resources Commissioner, the County Clerk/Register of Deeds and members of the Board of Commissioners. An appointed official shall mean the Deputy County Executives, Directors of Departments subject to Board confirmation under PA 139, Undersheriff/Chief Deputy, Chief Deputy Treasurer, Deputy Clerk/Register of Deeds, Chief Deputy Water Resources Commissioner, Chief Assistant Prosecutor. It shall be the responsibility of the vendor and the elected official or appointed official to disclose and report the existence of a familial relationship promptly to the Purchasing Division and the Board of Commissioners. The terms of any pre-existing contract not in compliance with this policy shall be honored but not renewed, this policy may be waived by majority vote of the Board of Commissioners. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the County Clerk/Register of Deeds distribute the attached policy to the elected and appointed officials covered by this policy upon its enactment. Chairperson, I move the adoption of the foregoing resolution. Commissioner H-6Iaine Zack District #18 ComnniOione District # Commissioner Distri Col-nm is -r3fier District # , Commissioner Dist .ct # Commissioner District # Commissioner District * Commissioner District # 111 •iL Commissioner District # I titl( Commissioner Dist.ct # Lt-Li -S Commissioher District # 1 Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Corn missioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Resolution #19030 February 7, 2019 The Chairperson referred the resolution to the Finance Committee. There were no objections.