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HomeMy WebLinkAboutMinutes - 2010.09.13 - 36469CHRISTINE LONG Chairperson SHELLEY TAUB Vice Chairperson MARCIA GERSHENSON Minority Vice Chairperson September 13, 2010 Chairperson Long called the meeting of the General Government Committee to order at 9:38 a.m. in Committee Room A of the Commissioners’ Auditorium Wing, County Service Center in Pontiac, Michigan. COMMITTEE MEMBERS PRESENT : Christine Long, Shelley Taub, Marcia Gershenson, John Scott, Bradford Jacobsen, Kim Capello, Jim Runestad, Mattie Hatchett, Jim Nash, Gary McGillivray, Steve Schwartz COMMITTEE MEMBERS ABSENT WITH NOTICE: David Potts OTHERS PRESENT CLERK/REGISTER OF DEEDS Mike Senyko, Deputy Clerk Wilma Cotton, Deputy Clerk Ron Crank, Plat Review Specialist CORPORATION COUNSEL Judy Cunningham, Corporation Counsel EXECUTIVE OFFICE Jerry Poisson, Deputy Executive Bob Daddow, Deputy Executive HEALTH AND HUMAN SERVICES George Miller, Director HEALTH Kathy Forzley, Manager HUMAN RESOURCES Nancy Scarlet, Director Karen Jones, Supervisor PROSECUTING ATTORNEY Terri Meiers, Admin. Financial Coordinator BOARD OF COMMISSIONERS Tim Greimel, District #11 Larry Doyle, Administrative Director Sheryl Mitchell, Senior Analyst Harvey Wedell, Senior Analyst Helen Hanger, Sr. Committee Coordinator PLEDGE OF ALLEGIANCE PUBLIC COMMENT Commissioner Taub introduced Wilma Cotton as Dep uty County Clerk/Register of Deeds. OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 N. TELEGRAPH ROAD, PONTIAC, MI 48341-0475 Telephone (248) 858 -0100 FAX (248) 858 -1572 GENERAL GOVERNMENT COMMITTEE John Scott Bradford Jacobsen David Potts Kim Capello Jim Runestad Mattie Hatchett Jim Nash Gary McGillivray Steve Schwartz GENERAL GOVERNMENT COMMITTEE Page 2 September 13, 2010 Commissioner Gershenson acknowledged Ms. Forzley for the Health Division’s efforts during Farmers’ Market Day last Saturday. Goals were met to distribute coupons to spend on fresh fruit and vegetables to the target p opulation as part of the County’s efforts to fight childhood obesity. Parks and Recreation Commission staff was also on hand to provide children’s activities. Commissioner Gershenson indicated that no county tax dollars were utilized for this purpose. Funds for the coupons were raised through the Health Oakland County Partnership. APPROVAL OF THE PREVIOUS MINUTES Taub moved approval of the minutes of August 23 , 2010 as printed. Supported by Scott. Motion carried on a voice vote. APPROVAL OF THE AGENDA Taub moved approval of the printed agenda . Supported by Nash. Motion carried on a voice vote. 1. CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2010 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE The Clerk/Register of Deeds is requesting authorization to accept a Michigan Department of Labor and Economic Growth grant award of $325,381 to continue the County’s monumentation and Remonumentation program, consisting of $225,381 in current program costs and $100,000 as reimbursement for past expedite expenditures. One special -revenue, full-time eligible GIS/CAD Technician I position will be deleted retroactive to January 2, 2010. Funding will be used to partially reimburse one existing general fund/general purpose, full -time eligible Plat & Boundary Review Specialist position in charge of monitoring and program administration. Approximately 4,419 corners have been completed and approved through the Peer Review process and 40 corners are currently being remonumen ted. This is the 17th year of program funding. Six private firms are performing this work through the County’s bidding procedures. Scott moved approval of the attached suggested resolution. Supported by Nash. Motion carried unanimously on a roll call vote with Potts and Hatchett absent. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – RENEWAL OF THE INTER-GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY The Health Division is requesting authorization to enter into an intergovernmental agreement with the Oakland County Community Mental Health Authority (OCCMHA) to provide substance abuse services to its Medicaid patients. The OCCMHA will pay $2,200,000 to the Health Division annually for Fiscal Years 2010 and 2011 and up to $125,000 and $300,000 annually for Fiscal Years 2010 and 2011 respectively for Substance Abuse Adult Benefit Waiver. The Health Division’s Office of Substance Abuse Services coordinates substance abuse services under contract with the Michigan Department of Community Health. The MDCH has contracted with the County’s Health Division to GENERAL GOVERNMENT COMMITTEE Page 3 September 13, 2010 allow provision of substance abuse se rvices to Medicaid recipients through the Adult Benefit Waiver program, which provides another sou rce of funding for those who have no insurance or do not meet the Medicaid dollar threshold. Jacobsen moved approval of the attached suggested resolution. Supported by Gershenson Motion carried unanimously on a roll call vote with Potts absent. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE – FY 2010 2012 WATERFORD SCHOOL DISTRICT AGREEMENT Children’s Village is requesting authorization to enter into an agreement with the Waterford School District for three schools years beginning Ju ly 1, 2010 through June 30, 2013, with annual budget negotiations to begin no later than February 28 of each year. Under Michigan Law the Waterford School District must provide educational services to the youth w ho reside within the Waterford School District boundaries, which includes Children’s Village . Mr. Miller reported that children housed in the Neglect and Abuse cottage will also participate in the program in a separate classroom setting. Contract costs have decreased due to a large number of retirements from the School District. Jacobsen moved approval of the attached suggested resolution. Supported by Taub. Motion carried unanimously on a roll call vote with Potts absent. 4. MR #10175 – BOARD OF COMMISSIONERS – ENACTMENT OF OAKLAND COUN TY ETHICS ORDINANCE The resolution was introduced by Commissioner Greimel, et al. and proposes to enact an Ethics Ordinance for the County’s elected officials and employees to require the prudent ethical expenditure of residents’ tax dollars, for the effi cient, judicious and ethical administration of county functions, including but not limited to law enforcement, economic development, health, etc. The proposed ordinance is based on one drafted by Michigan Attorney General Mike Cox. The resolution had been postponed by the Committee on August 9 so that Commissioner Greimel could review information provided to him by Corporation Council on the previous Friday. The resolution was again postponed on August 23 to allow for further discussion between Commiss ioner Greimel, Human Resources and Corporation Counsel. The following information was provided to the committee with mail out of the agenda packet for today’s meeting: - MR #90244 – Standards of Conduct for Oakland County Officers and Employees; - Standards of Conduct for Oakland County Officers and Employees; - Oakland County Executive’s Code of Ethics (for County Executive and his appointees). Commissioner Greimel stated that the concern of ethics is not specific to Oakland County but to all levels of government and formal procedures should be in place to deal with ethic violations and to provide clear rules, accessible to all employees, to address those violations. An ordinance would provide the County with enforcement and investigation abilities for penalties of civil infractions. There would be no cost to implement this proposal. Ethics Board members would serve voluntarily with no pay. Candidates for this Board would be screened by an independent body and recommended to the Board of Commissioners’ for appointment. GENERAL GOVERNMENT COMMITTEE Page 4 September 13, 2010 Commissioner Greimel distributed an email he had sent out yesterday reviewing what he determined where the five differences between his proposal and MR #90244 regarding gifts, anti - nepotism, representation before governmental body, di sclosure statements and creating a board of ethics. He explained that his policy imposes a stricter relationship than the County’s current policy and includes additional requirements such as disclosure from businesse s that contract with the county, an independent board of review and sanctions. Ms. Scarlet explained that they felt these issues were covered under the County’s existing policies for ethics, purchasing , the hiring of relatives , etc. and that these policies are wel l enforced, with assistance from Corporation Counsel, the Prosecuting Attorney and the Sheriff if necessary. The current standards of conduct policy mirrors state law. She indicated that further discussion could be held regarding hiring part-time employees who are relatives but noted that the existing job application form does include this question and employe es can not work directly for a relative. Mr. Poisson stated that the administration opposes this ordinance as currently written. There are currently nine statutes and the Cou nty policy which govern this activity . Under State Law the Board of Commissioners (BOC) is empowered to call employees or officers of the Cou nty before them to investigate their performance and the BOC does not have the power to delegate this responsibili ty to another Board. The Attorney General enforces most of these statutes, the Secretary of State has authority over Campaign Financing and Election violations and the County’s Prosecuting Attorney also has the authority to take action. Under this ordinan ce commissioners who are also lawyers would not be able to represent clients at the 52 nd District Court because they also appoint the magistrates. Attorneys have an obligation not to use poor judgment in what they do and adverse interest is also covered by state law with penalties. The County has a Personnel Appeal Board (PAB) and there is the Whistle Blower statute. The Executive has an ethics code for his appointees but for the county at large and under the law the Executive Administration does not fee l it can control other elected officials . The Merit System resolution can only be changed by a vote of the people. That resolution was updated several years ago with adjustments to the PAB Board to handle more cases. The Merit System rules can be changed by the BOC. Commissioner Schwartz indicated that as a management -employed attorney he advises his clients to update their policies every five years. He suggested that the current policy be reviewed and strengthened. Commissioner Taub indicated that she felt it was important to disclose whether you were on a board of directors for a company that has a contract with the County . Ms. Cunningham explained that they had reviewed the statutes against Commissioner Greimel’s proposal and it had come down to intellectual issues mostly relating to disclosure, the ethics board and adverse conflict – such as representing a client before the PAB were concerns. Jacobsen moved to postpone any action on the resolution and create a Study Group consisting of Jacobsen, Schwartz and Runestad, to review both the current policy and the proposal from Tim Greimel so as to come up with a list of proposed changes to update the current policy and that those proposed changes be brought back to the General Government Committee on October 11 with a recommendation to forward those changes to the administration. Supported by Capello. Motion carried on a roll call vote with Nash, Schwartz and Gershenson voting no. GENERAL GOVERNMENT COMMITTEE Page 5 September 13, 2010 COMMUNICATIONS None. OTHER BUSINESS/ADJOURNMENT Chairperson Long reported that they had re -opened the application period through August 31, 2010 for the Michigan Department of Human Services -Oakland County Board seat expiring October 31, 2010. One additional application was submitted. Applications will be review ed at the next meeting. Commissioner Schwartz requested that there be discussion at the next meeting as to what should be included in the hard copy version of the agenda packet regarding pending legislation and what commissioners should be expected to acc ess for themselves. There being no other business to come before the committee, the meeting was adjourned at 10:58 a.m. ______________________________ _______________________________ Helen A. Hanger Lawrence Doyle Sr. Committee Coordinator Administrative Director NOTE: The foregoing minutes are subject to Committee approval.