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HomeMy WebLinkAboutMinutes - 2013.08.19 - 36741CHRISTINE LONG Chairperson KATHY CRAWFORD Vice Chairperson MARCIA GERSHENSON Minority Vice Chairperson August 19, 2013 Chairperson Long called the meeting of the General Government Committee to order at 9:32 a.m. in the Commissioners’ Committee Room A, County Service Center in Pontiac, Michigan. COMMITTEE MEMBERS PRESENT: Christine Long, Kathy Crawford, Bob Gosselin, Jeff Matis, Bob Hoffman, Michael Spisz, Mattie Hatchett COMMITTEE MEMBERS ABSENT WITH NOTICE: Marcia Gershenson, Nancy Quarles. OTHERS PRESENT: CORPORATION COUNSEL Keith Lerminiaux, Corporation Counsel Joellen Shortly, Deputy EXECUTIVE OFFICE Gerry Poisson, Deputy Executive HEALTH AND HUMAN SERVICES George Miller, Director LIBRARY SERVICES Laura Mancini, Director HUMAN RESOURCES Sara Kohn, Analyst BRAIN INJURY ASS’N. OF MICHIGAN Tom Constrand, Vice-President RIGHT TO LIFE OF MICHIGAN Chris Zielinski, Field Representative SAVE THE PERSONHOOD USA Rebecca Kiessling, Director/Natn’l Spokeswoman OAKLAND COUNTY REPUBLICAN PARTY Jim Thienel, Chair COALITION FOR PROTECTING AUTO Erica Coulsten, Board Member NO-FAULT IN MICHIGAN (CPAN) OTHERS Karen Holdren Fred Nader, Citizen Peter Kuhnmuench Peter Recardo Tom Shields BOARD OF COMMISSIONERS Sheryl Mitchell, Sr. Analyst Chris Ward, Analyst Helen Hanger, Sr. Committee Coordinator PLEDGE OF ALLEGIANCE Chairperson Long led the Pledge of Allegiance. OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 N. TELEGRAPH ROAD, BLDG 12E, PONTIAC, MI 48341-0475 Telephone (248) 858-0100 FAX (248) 858-1572 GENERAL GOVERNMENT COMMITTEE Bob Gosselin Jeff Matis Bob Hoffman Michael Spisz Mattie Hatchett Nancy Quarles GENERAL GOVERNMENT COMMITTEE Page 2 August 19, 2013 APPROVAL OF THE PREVIOUS MINUTES Gosselin moved approval of the minutes of August 5, 2013 as printed. Supported by Crawford. Motion carried on a voice vote. APPROVAL OF THE AGENDA Spisz moved approval of the agenda as printed. Supported by Matis. Motion carried on a voice vote. PUBLIC COMMENT The following individuals spoke in support of MR #13145: Erica Coulsten, Fred Nader, Tom Constant, Gerry Poisson The following individuals spoke in opposition to MR #13145: Pete r Kuhnmuench, Tom Shields, The following individuals spoke in support of MR #13146: Karen Holdren, Peter Recardo, Rebecca Kiessling REGULAR AGENDA 1. CORPORATION COUNSEL - LITIGATION RECOVERING TAXPAYERS DOLLARS FROM OVER-INFLATED PRESCRIPTION DRU G PRICES Mr. Leminiaux reported that Oakland County has recovered $362,018.02 on behalf of taxpayers as a result of a class-action lawsuit brought against drug wholesaler McKesson and First Data Bank, a publisher of drug data, who conspired to inflate who lesale prescription drug prices. Corporation Counsel, Human Resources and outside counsel, Sommers Schwartz, worked to determine the damages and recover the money. Spisz moved to receive and file. Supported by Hatchett. Motion carried on a voice vote. 2. COUNTY EXECUTIVE/CORPORATION COUNSEL – 2013 POSITION CHANGES Corporation Counsel is requesting authorization to proceed with staffing changes to better align staff for the provision of services , at no cost to the General Fund. One part -time non-eligible (PTNE) 1,000 hours per year Assistant Corporation Counsel I position will be deleted, one full -time eligible (FTE) Financial Attorney Corporation Counsel will be downwardly reclassified to a FTE Assistant Corporation Counsel I and one General Fund/Ge neral Purpose (GF/GP) FTE Assistant Corporation Counsel I and one GF/GP PTNE 450 hours per year Law Clerk will be created. Matis moved to recommend approval of the attached suggested resolution. Supported by Spisz. Motion carried unanimously on a roll c all vote with Gershenson and Quarles absent. GENERAL GOVERNMENT COMMITTEE Page 3 August 19, 2013 3. MR #13211 – BOARD OF COMMISSIONERS – DIGITIZING OF RESEARCH LIBRARY The resolution was sponsored by Commissioners Gingell and Bosnic and referred to the General Government Committee and the Planning and Bu ilding Committee to make formal recommendations and report within 60 days back to the Board to determine whether to create a digital archive of the Library’s reference materials to provide for increased access to county government and library services and to possibly relocate the de minimis Law Library. The Oakland County Historical Resources Consortium has been working with Library staff to prepare for this type of solution and may have the capability to assist with this project. Ms. Mancini stated tha t the Library Board would be meeting next week to discuss this issue. Matis moved to report to recommend approval of the attached suggested resolution. Supported by Spisz. Motion carried unanimously on a roll call vote with Gershenson and Quarles absent . 4. MR #13145 – BOARD OF COMMISSIONERS – SUPPORT FOR FULL FINANCIAL TRANSPARENCY AND DISCLOSURE OF THE MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION FUNDS The resolution was introduced by Commissioner Hoffman in support of Senate Bills 102 and 103 to provide full disclosure and transparency of Michigan Catastrophic Claims Association (MCCA) decisions. The Committee postponed consideration of the resolution on August 5, 2013 so Commissioner Matis could craft amendments to address his concerns regarding privac y issues. References to any specific legislation have been removed. Commissioner Hoffman stated that he has no problem with the amended language being proposed. He believes the state’s no-fault system is good but should be more in line with worker’s compensation to cut costs. If there are only 117 claims annually, which is 2/10 of 1% of the claims, why would it be necessary to cap each claim at $1 million. This is an issue that impacts everyone’s constituents. Hoffman moved to report to recommend app roval of the attached suggested resolution. Supported by Hatchett. Commissioner Matis explained that since the previous meeting he has worked with the administration to develop amended language to address his concerns on a number of issues. The MCCA is an important organization with an important job and there are clearly competing interests here that need to be balanced. These include the privacy of the people involved and the MCCA itself. Subjecting the MCAA to the Freedom of Information Act (FOIA) an d the Open Meetings Act (OMA) does not c ome without potential dangers. If I am treated by a doctor and my claim falls under this fund I do not want my personal information disclosed. I want to safe guard against disclosure that could cause harm. There is the transparency interest of those who pay into it. How are rates determined? Clearly some information is already out there to that regard. There is the financial wellbeing of the MCCA itself. Everyone would agree y ou do not want to harm a system whose goal is to take care of those suffering catastrophic injuries . The amendment calls for disclosure of basis and methodology of the rates. This is basic information and the MCCA is already producing some of it. In reference to FOIA and the OMA there sh ould be reasonable limitations to protect individual privacy or disclosure that would threaten the fund itself. This GENERAL GOVERNMENT COMMITTEE Page 4 August 19, 2013 amendment should balance those interests in a way that will ultimately meet the committee’s objective but with respect for the different i nterests involved. Moved by Matis supported by Spisz to report to amend the resolution as follows. MISCELLANEOUS RESOLUTION #13145 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FULL FINANCIAL TRANSPARENCY AND DISCLOSURE OF THE MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION FUNDS IN THE CONDUCT OF PUBLIC AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Catastrophic Claims Association (MCCA), a private non -profit unincorporated association, was created by the state Legislature in 1978; and WHEREAS the MCCA was established by Public Act 136 of 1978, which amended the no -fault law by adding Section 3104 effective July 1, 1978. The Legislature created MCCA becaus e insurance companies had difficulty obtaining reinsurance for Michigan’s automobile no -fault policies, which provided for unlimited lifetime medical benefits for people who are catastrophically injured in auto accidents; and WHEREAS under Michigan’s No-Fault Law, the MCCA reimburses auto no -fault insurance companies for each Personal Injury Protection (PIP) medical claim paid in excess of $5300,000; and WHEREAS all auto insurance companies operating in Michigan are assessed to cover the catastrophic medical claims occurring in Michigan. Those assessments are generally passed on to auto insurance policyholders; and WHEREAS the 2011-2012 assessment was $145.00 per vehicle. The 2012 -2013 assessment is currently $175.00 per vehicle; and WHEREAS the MCCA assessment will rise to $186.00 per insured vehicle for the period July 1, 2013 to June 30, 2014; and WHEREAS the MCCA reports that it paid out $947 million — more than $135 per insured car — in 2012 for claim costs resulting from catastrophic injuries. The major ity of these catastrophic claims involves closed - head and spinal cord injuries, multiple fractures, and back and neck injuries; and WHEREAS this proposal represents an increase of $11.00 (6%) from the current MCCA charge of $175.00 and represents $156.44 t o cover anticipated new claims, $29.19 to address a $2 billion estimated deficit related to existing claims, and $0.37 for administrative expenses. WHEREAS in 2012, the MCCA hads financial assets in excess of $14 billion. WHEREAS the MCCA as a fiduciary steward should be held to the highest standards of transparency and accountability to that protect the public’s interest including: • Basis and methodology ofThe full disclosure on how annual per vehicle assessment rates are calculated. • OAdditional oversight through an annual independent audit, with the results of that audit being reported to the Michigan State House and Michigan State Senate the Office of the State Auditor General to ensure compliance with fiscal regulations, accountability , and transparency under applicable laws. • Requirement that decisions to raise rates are subject to the approval of the Commissioner of the Office of Financial and Insurance Regulation and allowing for the rejection of increases deemed to be excessive. • That tThe MCCA business be conducted at public meetings in compliance with Michigan’s “Open Meetings Act.”, subject to exceptions and limitations as set forth in the Act. • And that tThe MCCA documents be subject to the requirements of Michigan’s Freedom of Information Act, .with reasonable limitations to protect individual privacy and information that would put members at a competitive disadvantage or threaten the financial wellbeing of the MCCA fund. Formatted: Font: Not Bold, Underline, Font color: Black Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight GENERAL GOVERNMENT COMMITTEE Page 5 August 19, 2013 A. WHEREAS the information contained in MCCA files includes identifiers such as soc ial security numbers, birthdates and health information that could put the personal privacy rights and identities of Michigan citizens at risk; and GENERAL GOVERNMENT COMMITTEE: Motion carried on a roll vote with Crawford voting no and Gershenson and Quarles absent. WHEREAS laws such as the Health Insurance Portability and Accountability Act or HIPAA have been put in place to protect of individual’s health care privacy;, full compliance with these protections should be afforded to individual ’s concerning information produced by the MCCA ; and B. WHEREAS the financial wellbeing of the MCCA fund is necessary to provide long term benefits for many Michigan citizens who need extensive treatment and rehabilitation ; and. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby supports full disclosure and transparency of the Michigan Catastrophic Claims Association (MCCA) information and deliberations in the conduct of public affairs decisions provided that adequate provisions are included to protect the security and privacy of members and rate payers . BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby supports the passage of legislation to expand the coverage of the Open Meetings Act and the Freedom of Information Act to the Michigan Catastrophic Claims Association information and deliberations in the conduct of public affairsSenate Bills 102 and 103 and urges the Michigan Legislature to adopt and Governor Snyder to sign this legislation. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder, the Michigan Catastrophic Claims Association (MCCA) Board of Directors and Executive Director, the Commissioner of Financial and Insurance Regulation, Oakland County’s delegation to the Michigan Legislature, the Michigan Association of Counties, and Oakland County’s lobbyists. Chairperson, we move the adoption of the foregoing resolution. BOB HOFFMAN Motion to report to amend carried on a roll call vote with Crawford voting no and Gershenson and Quarles absent. Main motion as amended carried on a roll call vote with Crawford voting no and Gershenson and Quarles absent. 5. BOARD OF COMMISSIONERS – APPOINTMENTS TO THE SOLID WASTE COMMITTEE Matis moved to report to recommend appointment of the following individuals to the Oakland County Solid Waste Planning Committee for a two -year term beginning October 10, 2013 and ending October 11, 2015. Appointee Seat Designation John Myers Solid Waste Industry Mike Csapo Solid Waste Industry Kevin Kendall Solid Waste Industry VACANT Solid Waste Industry VACANT Industrial Waste Generator Jean Gramlich Environmental Interest Group VACANT Environmental Interest Group Robert Hoffman County Government Robert DePalma Township Government Claire Galed City Government Mary Ann Ryan General Public Steven Balagna General Public Steven Percival General Public Amy Mangus Regional Solid Waste Planning Agency (SEMCOG) Formatted: Font: (Default) Arial, 10 pt, Underline, Not Highlight Formatted: No bullets or numbering, Widow/Orphan Formatted: Font: (Default) Arial, 10 pt, Not Highlight Formatted: No bullets or numbering, Widow/Orphan Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Strikethrough, Not Highlight Formatted: Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Not Highlight Formatted: Underline, Font color: Auto Formatted: Underline, Not Highlight GENERAL GOVERNMENT COMMITTEE Page 6 August 19, 2013 Supported by Spisz. Motion carried unanimously on a roll call vote with Gershenson and Quarles absent. 6. MR #13146 – BOARD OF COMMISSIONERS – RECOGNIZING OCTOBER AS RESPECT LIFE MONTH IN OAKLAND COUNTY The resolution was sponsored by Commissioner Runestad to recognize October 2013 as Resp ect Life month in Oakland County and to encourage all citizens to celebrate the value of human life and those who protect it every day. Commissioner Runestad explained that the resolution was introduced to recognize organizations that give women options that have resulted in a reduction of abortions. Macomb County overwhelmingly passed the same resolution . Commissioner Hatchett indicated that she was not in attendance the day the resolution was introduced and asked that her name be added. (Her request will be handled as an amendment on the Board floor.) Matis moved to report to recommend approval of the attached suggested resolution. Supported by Spisz. Motion carried unanimously on a roll call vote with Gershenson and Quarles absent. COMMUNICATIONS A. Area Agency on Aging 1-B April-June 2013 Quarterly Report Hoffman moved to receive and file the communication. Supported by Crawford. Motion carried on a voice vote. OTHER BUSINESS/ADJOURNMENT Appointment Process Update: Michigan Department of Human Services Board -Oakland County Board applicants will be asked to come before the Committee for interviews. Recommendations from both the Oakland County Republican and Democratic Parties for Canvassing Board appointments have not yet been receive d. The list of appointments to be made for January 1, 2014 was distributed. There being no other business to come before the committee, the meeting was adjourned at 10:36 a.m. ______________________________ ________________________________ Helen A. Hanger Jim Ver Ploeg Sr. Committee Coordinator Administrative Director NOTE: The foregoing minutes are subject to Committee approval.