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HomeMy WebLinkAboutResolutions - 2021.09.29 - 3495240AKLANDF COUNTY MICHIGAN BOARD OF COMMISSIONERS September 29, 2021 MISCELLANEOUS RESOLUTION #21-444 Sponsored By: Angela Powell IN RE: Rules of Procedure (Adopt) Chairperson and Members of the Board: WHEREAS Public Act 261 of 1966 (MCL 46.401— MCL 46.416) provides for the apportionment of county boards of commissioners every ten years following publication of the latest United States official decennial census figures; and WHEREAS a county's apportionment commission is responsible for apportioning its county in accordance with Act 261; and WHEREAS pursuant to §3 of Act 261, the Oakland County Board of Commissioners is the Apportionment Commission and shall be convened by the County Clerk. NOW THEREFORE BE IT RESOLVED that the Apportionment Commission is convened, and the Oakland County Board of Commissioners, acting as the Apportionment Commission, adopts the attached Rules of Procedure (Attachment A). Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Angela Powell. a Date: Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2021-09-27 Reapportionment Ad Hoc Committee - Recommend to Board/Apportiomnent Commission 2021-09-29 Apportionment Commission VOTE TRACKING Motioned by Commissioner Michael Gingell the resolution be adopted. Seconded by Kristen Nelson. Motioned by Commissioner Thomas Kulm seconded by Commissioner Philip Weipert to amend the attached Resolution: Rules of Procedure as follows: Strike out and insert the following language in #2 Rules of Procedure: The County of Oakland has made available to the Csmmiss cr. --mber-s Reapportionment Ad Hoc Committee members all tools that are reasonably necessary to for other Commission member(s) to prepare the plan(s)- Vote on amendment: Yes: David Woodward, Michael GingelI, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman (20) No: None (0) The Motion Passed. Moved by Commissioner Thomas Kuhn seconded by Commissioner Robert Hoffman to amend the attached Resolution: Rules of Procedures as follows: Insert the following language in #4 Rules of Procedure: No one member of the Commission shall submit more than one proposed plan. Each proposed plan submitted by a member shall first be forwarded to the Chair of the Reapportionment Ad Hoc Committee on or before 5:00 p.m., October 15, 2021, for verification by the Register of Deeds/Plat Engineering Office. After the plan has been verified, any member may be permitted 15 minutes to make a formal presentation to the Reapportionment Ad Hoc Committee. Strike out and insert the following language in 48 Rules of Procedure: Proposed plans and amendments must be submitted to the Chair and posted on the Oakland County Commission's website for at least 48-96 hours for public review before the Commission may take any action on the proposed plan. Insert the following language in #15 Rules of Procedure: All business that the apportionment commission may perform shall be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meeting act, 1976 PA 267, MCL 15.261 to 15.275. Further, all such meetings shall be presented online through the Oakland County Commission website and be available online for later review by the public. Vote on amendment: Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman (20) No: None (0) The Motion Passed. Vote on resolution as amended: Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Penny Luebs, Janet Jackson, Gary McGiIlivray, Robert Koffman (19) No: None (0) The Motion Passed. ATTACHMENTS i. Attachment A STATE OF MICIIIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 September 29, 2021, 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 Circuit Court at Pontiac, Michigan on Wednesday, September 29, 2021. Lisa Brown, Oakland County Clerk/Register of Deeds /3aCTS]VJil4ZYra1 APPORTIONMENT COMMISSION 2021 RULES OF PROCEDURE 1. In accordance with MCL 46.403(1), a majority of the members of the Commission represent a quorum at any meeting. 2. The County of Oakland has made available to the Commission members all tools that are reasonably necessary to other Commission member(s) to prepare the plan(s). 3. Only members of the Commission may submit proposed plans, except as otherwise provided by law. 4. No one member of the Commission shall submit more than one proposed plan. Each proposed plan submitted by a member shall first be forwarded to the Chair of the Reapportionment Ad Hoc Committee for verification by the Register of Deeds/Plat Engineering Office. After the plan has been verified, any member may be permitted 15 minutes to make a formal presentation to the Reapportionment Ad Hoc Committee. 5. The Board of Commissioners established the Oakland County Reapportionment Ad Hoc Committee to create a draft apportionment plan that complies with Public Act 261 of 1966 (MCL 46.401 — MCL 46.416) and shall submit it to the Commission for consideration. 6. Each proposed plan shall be submitted using the Esd software. a. Access to the proposed map(s) shall be granted to the Register of Deeds/Plat Engineering Office to be used for verification purposes. b. One electronic version of the map for a corresponding plan shall be posted or linked to the Commission's website for the public to review. 7. All proposed plans shall be verified by the Register of Deeds/Plat Engineering Office within 2 business days after the proposed plan is submitted. 8. Proposed plans and amendments must be submitted to the Chair and posted on the Oakland County Commission's website for at least 48 hours for public review before the Commission may take any action on the proposed plan. 9. Errors found in the verification process of a proposed plan shall be reported to the Reapportionment Ad Hoc Committee. Correction of errors shall be made in the form of an amendment to the plan. 10. Amendments to each plan shall contain the same information required in section 6 (a) and (b) of these Rules of Procedures as well as the assigned number of the plan. 11. The Commission must vote to approve a proposed, verified plan as the official apportionment plan. The approved plan must be filed in the County Clerk Register of Deeds' Office within 60 days, but not less than 30 days, after publication of the census, at which time it shall become effective unless challenged as provided by law. 12. The Commission may petition the Court of Appeals for additional time to file an approved plan with the County Clerk Register of Deeds beyond the 60-day deadline for good cause. If the Commission has failed to file an approved plan on time, any registered voter of the county may submit a plan to the Commission for approval. The Commission shall choose from among those submitted to it a plan meeting the requirements of the laws of this state and file such plan in the County Clerk's Register of Deeds' Office within 30 days after the deadline for the filing of the Commission's own plan. 13. The Commission reserves the rightto add prospective rules of procedure with a majority consenting vote of the Apportionment Commission. 14. Meetings of the Commission shall be set as follows: a. Upon call of the Chair. b. By majority vote of the members present at a meeting. 15. All business that the apportionment commission may perform shall be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. 16. A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.