HomeMy WebLinkAboutMinutes - 1979.04.05 - 7394164
OAKLAND COUNTY
Board Of Commissioners
MEETING
April 5, 1979
Meeting called to order by Chairperson Wallace F. Gabler, Jr. at 10:20 A. M. in the Court
House Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Invocation given by Lillian V. Moffitt.
Pledge of Allegiance to the Flag.
Roll called:
PRESENT: Aaron, DiGiovannj, Doyon, Dunaskiss, •Fortino, Gabler, Gorsline, Hobart, Hoot, Kelly,
Lewand, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Price,
Roth. (23)
- ABSENT: Kasper, McConnell, McDonald, Wilcox. (4)
Quorum present.
Moved by Moffitt supported by Patterson the minutes of the March 22, 1979 meeting be approved
as printed.
AYES: Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Peterson,
Price, Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kelly,
Lewand. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Moved by Peterson supported by Fortino the Journal for the January Session be approved and
closed and the January Session stand adjourned sine die.
AYES: Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Price,
Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kelly,
Lewand, McDonald, Moffitt. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
APRIL SESSION
April 5, 1979
Meeting called to order by Chairperson Wallace F. Gabler, Jr.
Roll called:
PRESENT: Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot,
Kasper, Kelly, Lewand, McConnell, McDonald, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson,
Perinoff, Pernick, Peterson, Price, Roth, Wilcox. (27)
ABSENT: None. (0)
Quorum present.
Clerk read Resolution from the Oscoda County Board of Commissioners regarding Unemployment
Compensation :System. (Referred to the General Government Committee) ,
Clerk read letter from James D. Taylor with an application for Permission to Incorporate an
Economic Development Corporation of the County of Oakland, Michigan. (Referred to Public Service
Committee and Finance Committee.)
165
Commissioners Minutes Continued.. April 5, 1979
Clerk read two Resolutions from the Ottawa County Board of Commissioners regarding the
County Law Library Appropriation and Unemployment Compensation System. (Referred to General
Government Committee.)
Clerk read two resolutions Irom Marquette County Board ot Commissioners regarding the
County Law Library Appropriation and Opposition to Requested Increased License Fees for Hunting
and Fishing. (Referred to General Government Committee.)
Clerk read litter from Chairperson Wallace F. Gabler, Jr, appointing the following persons
to the Comprehensive Health Planning Council for terms ending in 1981:
Mrs. William Wolfram (Sue), Birmingham Robert Conaway, Clarkston
Robert Briskin, West Bloomfield Sherwood Shaver, Troy
Mrs. Deborah Goldberg, Oak Park Alice McCarthy, Birmingham
Mrs. Gretchen Tselos, Birmingham
(Received and Placed on File.)
- Clerk read letter of resignation from Lawrence E. Littman as a member of the Oakland County
Cultural Council. (Placed on File.)
Clerk read letter of resignation from Collin W. Walls as a member of the Community
Development Advisory Council. (Placed on File.)
Clerk read letter from Wallace F. Gabler, Jr. appointing Robert Sheardy as representative
on the Community Development Advisory Council for unexpired term.
Moved by Murphy supported by Dunaskiss the appointment he confirmed.
A sufficient majority having voted therefor, the appointment was confirmed.
Clerk read letter from the Department of Natural Resources stating the Oxbow Lake and
Pontiac Lake Dams will be inspected in the near future in response to Public Law 92-367, The
National Dam Safety Law. (Referred to the Planning and Building Committee.)
Clerk read letter of thanks from Ernest A. Jones, Chairman of the Super Bowl '81 Committee.
(Placed on file.)
Clerk read letter from the Department of the Army, Corps of Engineers containing Draft
Survey Report, Environmental Statement and Notice of Public Meetings. (Referred to Planning and
Building Committee.)
Moved by Hoot supported by Fortino the agenda be amended as follows:
Under Public Services add Community Development 1979 Entitlement Grant Application, and
delete Contract for Assistance by Sheriff's Department of Pine Knob Music Theatre - Traffic Control.
Under General Government add Commendations to Clawson High School Basketball Team and
Clawson High School Aqua-Jans. Also add Southeastern Michigan Transportation Authority (SEMTA)
Preference Plan and Resolution #8888 - Feasibility Study to Operate Oakland County Public Trans-
portation System.
Under Personnel Committee, set a date for Public Hearing for Submission of Changes in
Merit System Rules I Through 8.
Moved by Doyon supported by Aaron the question be divided to separate the SEMTA Preference
Plan and the Feasibility Study to Operate Oakland County Public Transporation System from the other
amendments. There were no objections.
Vote on 4 amendments:
A sufficient majority having voted therefor, the motion carried.
Vote on SEMTA Preference Plan and the Feasibility Study:
AYES: Moxley, Murphy, Page, Patterson, Peterson, Dunaskiss, Wilcox, Fortino, Gabler,
Gorsline, Hobart, Hoot, Kasper, McConnell, McDonald, Moffitt, Montante. (17)
NAYS: Moore, Perinoff, Pernick, Price, Roth, Aaron, DiGiovanni, Doyon, Kelly, Lewand. (10)
A sufficient majority having voted therefor, the motion carried.
Moved by Patterson supported by Dunaskiss the rules be suspended for immediate consideration
of the two Commendation Resolutions for Clawson High School.
AYES: Moxley, Murphy, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Wilcox, Aaron,
DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, Kelly, Lewand,
McConnell, McDonald, Moffitt, Montante, Moore. (26)
NAYS: None. (0)
166 Commissioners Minutes Continued. April 5, 1979
A sufficient majority having voted therefor, the motion carried.
The Chairperson vacated the Chair. Vice Chairperson Lillian V. Moffitt took the Chair.
Misc. 8890
By Mr, Patterson
IN RE: RESOLUTION Of COMMENDATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Clawson High School Basketball Team advanced to the State Class B Basketball
Quarter Finals, with a winning record of 22-4 along the way to League Championship, District Champion-
ship and Regional Championship.
WHEREAS this accomplishment manifested community pride and a high standard of skill by the
youthful athletes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby commends
the Clawson High School Basketball Team for advancing to the State Class B Basketball Quarter Finals
and extends best wishes to the team and Coach Jim Clary for their future success.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Wallace F. Gabler, Jr., Chairperson
Lillian V. Moffitt, Vice Chairperson
William T. Patterson, Commissioner - District 16
Moved by Patterson supported by Moffitt the resolution be adopted.
The Resolution was unanimously adopted.
Misc. 8891
By Mrs. Moffitt
IN RE: RESOLUTION OF COMMENDATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Clawson High School Aqua-Jans, the school's synchronized swimming team, won
the State Championship; and
WHEREAS, teamwork, hard training and setting of goals resulted in winning the State Champion-
ship; and
WHEREAS the victory manifested community pride and a high standard of accomplishment by the
youthful athletes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby commends
the Clawson High School Aqua-Jans for winning the State Championship in synchronized swimming, and
extends best wishes to the team and Coach Louise Young for their future success.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Wallace F. Gabler, Jr., Chairperson
Lillian V. Moffitt, Vice Chairperson
William T. Patterson, Commissioner - District 16
Moved by Moffitt supported by Patterson the resolution be adopted.
The Resolution was unanimously adopted.
The Chairperson stated that Mr. Joseph Bianco, member of the Southeastern Michigan Transpor-
tation Authority (SEMTA) had requested to address the Board regarding SEMTA's decision on mass transit.
There were no objections.
Moved by Wilcox supported by Aaron the Board give a vote of thanks to the other SEMTA members
present for services rendered on the SEMTA Board.
A sufficient majority having voted therefor, the motion carried.
The Chairperson stated that John King had requested to address the Board. There were no
objections.
Misc. 8892
By Mr. Murphy
IN RE: YEAR END REPORT
TO the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the 1978 Year End Report issued by the Department of Management and Budget indicates
an operating balance of $1,477,969.19 and an unappropriated surplus of $11,970.94 for a total of
$1,489,940.13; and
WHEREAS $600,000 of this surplus was included in the 1979 Revenue Budget; and
167
Commissioners Minutes Continued. April 5, 1979
WHEREAS the implementation of the Headlee Amendment and the resultant impact on County
operations are uncertain at this time and
WHEREAS the CETA program may cease to provide the County with needed manpower forcing the
County to pick up these costs; and
WHERE AS it is in keep rig with sound financial and managerial practices to provide for
future requirements; and
WHEREAS it is prudent and good government to provide for future liabilities without in-
creasing taxes and restraining new programs or expanding current programs.
NOW THEREFORE BE IT RESOLVED that $600,000 of the 1978 surplus be transferred to the 1979
income and the balance of $885,940.13 be transferred to a Special Reserve Account for 1980 Contingency.
The Finance Committee, by Dennis Murphy, Chairperson, moves the adoption of the foregoing
resolution,
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson
Moved by Murphy supported by Roth the resolution be adopted.
AYES: Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Wilcox, Aaron,
DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Kasper, Kelly, Lewand, McConnell,
McDonald, Montante, Moore, Moxley. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8893
By Mr. Murphy
IN RE: ADDITIONAL VEHICLE FOR PARKS AND RECREATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #7393 of December 18, 1975, the Oakland
County Board of Commissioners adopted a "County policy on assignment of County Vehicles"; and
WHEREAS the policy for additional vehicles requires the affirmative recommendation of
the County Executive and the approval of the Finance Committee; and
WHEREAS the policy also states that the Finance Committee shall recommend to the Board
of Commissioners an appropriation suffftient to cover the acquisition cost plus monthly charges
for the balance of the current year; and
WHEREAS there are outside agencies which have in the past and are presently leasing cars
from the Oakland County Garage; and
WHEREAS the Oakland County Parks and Recreation Department has made a request to lease an
additional vehicle (a pickup truck) from the Oakland County Garage; and
WHEREAS the Finance Committee feels that Section "G" of the County Car Policy should not
apply in this instance.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorize an expansion of the
County Car Fleet for the one (1) vehicle requested by Parks and Recreation.
BE IT FURTHER RESOLVED that an exception be made to Section "G" of the County Car Policy
and that the funds necessary for the acquisition of this vehicle be taken from the Garage Fund.
The Finance Committee, by Dennis Murphy, Chairperson, moves the adoption of the foregoing
resolution.
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson
Moved by Murphy supported by Montante the resolution be adopted.
AYES: Page, Patterson, Perinoff, Pernick, Peterson, Roth, Wilcox, Aaron, DiGiovanni,
Doyon, Dunaskiss, Fortino, Gabler, Gorslinc, Hobart, Hoot, Kasper, Kelly, Lewand, McConnell,
McDonald, Moffitt, Montante, Moore, Moxley, Murphy. (26)
NAYS: None. (0)
-A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8894
By Mr. Gorsline
IN RE: PROPOSED LEGISLATION TO ELIMINATE THE REQUIREMENT THAT PROCEEDINGS OF THE BOARD OF
COMMISSIONERS' MEETINGS BE PUBLISHED IN A NEWSPAPER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS under existing State Law, proceedings of meetings of the Board of Commissioners
must be published quarterly in an established newspaper; and
WHEREAS this mandate resulted in a $35,629.00 cost to the County in 1977 and a $22,822.00
cost in 1978; and
168 Commissioners Minutes Continued. April 5, 1979
WHEREAS all indications are that the published Board of Commissioners proceedings have
minimal readership; and
WHEREAS the availability of copies of Board proceedings in the office of the County Clerk
with a newspaper advertisement announcing this availability would serve the public as well as pub-
lication in a newspaper and would cost an estimated maximum of $1,500.00 per year.
NOW THEREFORE BE iT RESOLVED that the Oakland County Board of Commissioners urges the State
Legislature to amend the existing law to permit an option to counties to either publish proceedings
in a newspaper or make copies available in the County Clerk's office to be mailed on request or
publish a synopsis of the proceedings in a newspaper.
BE IT FURTHER RESOLVED that the County Clerk be directed to forward copies of this resolution
to Oakland County's State Legislators and to the County's Legislative Agent.
The General Government Committee by Robert H. Gorsline, Chairperson, moves the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Robert H. Gorsline, Chairperson
Moved by Gorsline supported by Perinoff the resolution be adopted.
AYES: Patterson, Perinoff, Pernick, Peterson, Price, Wilcox, Aaron, DiGiovanni, Doyon,
Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Kasper, Kelly, McConnell, Moffitt, Montante, Moore,
Moxley, Page. (22)
NAYS: None. (0)
ABSTAIN: Roth. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8895
By Mr. Gorsline
IN RE: WORKER'S COMPENSATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists before the State Legislature certain pending legislation to change the
current worker's compensation laws; and
WHEREAS the adoption of such legislation on a wholesale or piecemeal basis would have a sub-
stantial adverse effect on the business climate and the future of the jobs of the working men and
women in Michigan; and
WHEREAS the residents, employees and employers of this State have a substantial and con-
tinuing interest in fair and reasonable worker's compensation benefits and costs; and
WHEREAS the current system is fraught with abuses which deprive legitimate claimants of
reasonable benefits; and
WHEREAS the cost of worker compensation insurance to some employers has increased as much
as 100% over the last four years and an average of 307 to all employers since July 1, 1977.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the
passage of any legislation to improve benefits, resulting in increased costs to employers, until it
addresses itself to the total problem of correction of the current system to give fair, more equitable
treatment to both employers and employees.
BE IT FURTHER RESOLVED that the State Legislature initiate positive action immediately to
correct the law to give fair, more equitable treatment to both employers and employees and that
copies of this resolution be sent to the Governor, County's legislative representatives in Lansing and
to the County's Legislative Agent.
Mr. Chairperson, I move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Robert H. Gorsline, Chairperson
Moved by Gorsline supported by Page the resolution be adopted.
Moved by Price supported by Moore the resolution be referred to the Personnel Committee.
Discussion followed.
AYES: Price, Aaron, Doyon, Kelly, Lewand, Moore. (6)
NAYS: Perinoff, Peterson, Roth, Wilcox, DiGiovanni, Dunaskiss, Fortino, Gabler, Gorsline,
Hobart, Hoot, Kasper, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Page, Patterson. (20)
A sufficient majority not having voted therefor, the motion failed.
Moved by Aaron supported by Price the resolution be amended by striking the entire NOW
THEREFORE BE IT RESOLVED paragraph.
Discussion followed.
169
Commissioners Minutes Continued. April 5, 1979
Vote -n -mondment:
AYEI: I nicft, Price, Roth, Aaron, Doyon, Kelly, Moore. (7)
NAYS: I erson, Wilcox, DiGiovanni, Dunaskiss, Cable:•, Co 'line, Hobart, Hoot, Kasper,
McConnell, McDonald Moffitt, Montante, Moxley, Murphy, Page, Patter. la. (17)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Peterson, Wilcox, DiGiovanni, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot,
Kasper, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Page, Patterson. (18)
NAYS: Price, Roth, Aaron, Doyon, Kelly, Moore, Pernick. (7)
A sufficient majority having voted therefor, the resolution was adopted.
"FINANCE COMMITTEE REPORT
By Mr. Murphy
IN RE: MISCELLANEOUS RESOLUTION #8808 HEADLEE TAX LIMITATION AMENDMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee has reviewed Miscellaneous REsolution #8808 and recommends its
adoption.
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson"
"FINANCE COMMITTEE REPORT
By Mr. Murphy
IN RE: MISCELLANEOUS RESOLUTION #8808 - HEADLEE TAX LIMITATION AMENDMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee has reviewed Miscellaneous Resolution #8808 and recommends its
approval with the deletion of the third section of the NOW THEREFORE BE IT RESOLVED.
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson"
"REPORT
By Mr. Gorsline
IN RE: MISCELLANEOUS RESOLUTION #8808 - HEADLEE TAX LIMITATION AMENDMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee has reviewed Miscellaneous Resolution 118808 and
recommends its approval, in agreement with the Finance Committee, with the deletion of the third
section of the NOW THEREFORE BE IT RESOLVED.
The General Government Committee, by Robert H. Gorsline, Chairperson, moves the acceptance
of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Robert H. Gorsline, Chairperson"
"Misc. 8808
By Mr. Page
IN RE: HEADLEE TAX LIMITATION AMENDMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is concerned about the rapidly rising
values of Residential Property; and
WHEREAS on December 22, 1978 the Headlee Tax Limitation Amendment took effect; and
WHEREAS it appears that the intent of Section 31 is to limit the growth of property
taxes on existing property in a taxing unit to the rate of inflation; and
WHEREAS there appears to be confusion in the interpretation of the rollback provisions
by many; and
WHEREAS the Oakland County Board of Commissioners recognize the importance of the
Headlee Tax Limitation Amendment to all taxpayers both young and old; and
WHEREAS all input to the Michigan State Legislature concerning the millage rollback
procedures appears critical at this time to affect fair and accurate interpretation;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners be on record
supporting the following:
1. That the Consumer Price Index factor for the 1979 Taxing Year means that percentage
difference between the average General Price Level in 1977 and the average General Price Level in
1978. This computes to 7.7.
2. That any rollback necessary be affected from last year's spreading rate.
Commissioners Minutes Continued. April 5, 1979 170
3. That this millage rollback may be restored in years where the adjustment does not
exceed the Consumer Price Index factor, the authorized rate or the local charter limitation.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Robert W. Page, Commissioner - District 1/13"
Moved by Gorsline supported by Aaron that Resolution #8808 be adopted.
Moved by Aaron supported by Hobart the resolution be amended by adding a #4 in the NOW
THEREFORE BE IT RESOLVED paragraph to read: The Legislature be adVfsed that any increase in new
mandated services be funded by state funds and not local funds."
A sufficient majority having voted therefor, the amendment carried.
Moved by Page supported by Fortino the resolution be amended in the NOW THEREFORE BE IT
RESOLVED paragraph by deleting #3.
A sufficient majority having voted therefor, the amendment carried.
Moved by Hobart supported by Doyon the resolution be amended to read: "the rollback take
place from the authorized rather than the levied millage."
AYES: Price, Aaron, Doyon, Hobart, Kelly, Lewand, Moore, Perinoff, Pernick. (9)
NAYS: Roth, Wilcox, DiGiovanni, Dunaskiss, Fortino, Gabler, Gorsline, McConnell, McDonald,
Moffitt, Montante, Moxley, Murphy, Page, Patterson, Peterson. (16)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution as amended:
AYES: Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart,
Hoot, Kasper, Kelly, McConnell, McDonald, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson,
Perinoff, Peterson. (24)
NAYS: Lewand, Price. (2)
A sufficient majority having voted therefor, Resolution #8808 as amended, was adopted.
Moved by Gorsline supported by Montante the rules be suspended to consider Southeastern
Michigan Transportation Authority (SEMTA) Preference Plan.
AYES: Wilcox, DiGiovanni, Dunaskiss, Fortino, Gabler, Cwrsline, Hobart, Hoot, Kasper,
McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Page, Patterson, Peterson. (18)
NAYS: Aaron, Doyon, Kelly, Lewand, Moore, Perinoff, Pernick, Price, Roth. (9)
A sufficient majority having voted therefor, the motion carried.
Misc. 8896
By Mr. Hoot
IN RE: SOUTHEASTERN MICHIGAN TRANSPORTATION AUTHORITY (SEMTA) PREFERENCE PLAN
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen.
WHEREAS the Southeastern Michigan Transportation Authority has expressed a preference for
a mass transit plan which includes subway and elevated rail along Woodward Avenue; and
WHEREAS Oakland County residents are required to pay a substantial part of the local cost
of any adopted plan through license plate, gasoline and other taxes; and
WHEREAS adoption of the proposed plan will require a substantial increase in taxes to
construct this system and another increase to operate the system; and
WHEREAS Oakland County residents and most other residents of this region will not have a
transportation benefit from the subway and rail portion of the system.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does express its
displeasure of the preference plan of the SEMTA Board.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urge the SEMTA Board
to reconsider its decision at the earliest possible moment,
BE IT FURTHER RESOLVED that if the present preference plan continues to be the SEMTA choice,
the Oakland County Board of Commissioners does express its desire to explore other mass transportation
options.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Henry W. Hoot, Commissioner - District #14
REPORT
By Mr. Gorsline
IN RE: MISCELLANEOUS RESOLUTION #8896 - SOUTHEASTERN MICHIGAN TRANSPORTATION AUTHORITY (SEMTA)
PREFERENCE PLAN
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, by Robert H. Gorsline, Chairperson, having reviewed
171
Commissioners Minutes Continued. April 5, 1979
Miscellaneous Resolution #8896, Southeastern Michigan Transportation Authority (SEMTA) Preference
Plan, reports with the recommendation that this resolution be adopted.
The General Government Committee, by Robert H. Corsline, Chairperson, moves the acceptance
of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Robert H. Gorsline, Lnairperson
Moved by Gorsline supported by Hoot the report be accepted and the resolution be adopted.
Discussion followed.
Moved by Lewand supported by Aaron the resolution be laid on the table.
AYES: Aaron, Doyon, Kelly, Lewand, Moore, Perinoff, Pernick, Price. (8)
NAYS: DiGiovanni, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, McConnell,
McDonald, Moffitt, Montante, Moxley, Murphy, Page, Patterson, Peterson, Roth, Wilcox. (19)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
Mr. Aaron requested a quorum call.
PRESENT: Aaron, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hobart, Kasper, Kelly,
Lewand, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Peterson,
Price, Roth, Wilcox. (23)
ABSENT: Dunaskiss, Hoot, McConnell, McDonald. (4)
Quorum present.
Moved by Gorsline supported by Montante that Rule #23, Limitation of Debate, be applied.
AYES: DiGiovanni, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, McConnell,
McDonald, Moffitt, Montante, Moxley, Murphy, Page, Patterson, Peterson, Roth, Wilcox. (19)
NAYS: Doyon, Kelly, Lewand, Perinoff, Pernick, Price, Aaron. (7)
ABSTAIN: Moore. (1)
A sufficient majority having voted therefor, the notion carried.
Discussion followed.
Mr. Gorsline moved the previous question. Seconded by Dr. Montante. The Chairperson
stated that as many as are in favor of ordering the previous question, say 'Aye and those opposed,
say 'No'. The vote was as follows:
AYES: Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, McConnell, McDonald,
Moffitt, Montante, Moxley, Murphy, Page, Patterson, Peterson, Roth, Wilcox. (18)
NAYS: Doyon, Kelly, Lewand, Pernick, Price, Aaron. (6)
A sufficient majority having voted therefor, the previous question was ordered.
The Chairperson stated only those persons who have not spoken may speak on the resolution.
Mr. Doyon appealed the decision of the Chair.
The Chairperson stated that those in favor of sustaining the Chair, say 'Aye' and those
opposed, say 'No'. The vote was as follows:
AYES: Kelly, Lewand, Pernick, Price, Aaron, Doyon. (6)
NAYS: Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot,
Moxley, Murphy, Page, Patterson, Peterson, Roth, Wilcox, DiGiovanni,
ABSTAIN: Moore. (1)
McConnell, Moffitt, Montante,
(17)
A sufficient majority having voted therefor, the decision of the Chair was sustained.
Vote on resolution:
AYES: Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, McConnell, Moffitt, Montante,
Moxley, Murphy, Page, Patterson, Peterson, Roth, Wilcox, DiGiovanni, Dunaskiss. (18)
NAYS: Kelly, Lewand, Moore, Pernick, Price, Aaron. (6)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. April 5, 1979 172
FINANCE COMMITTEE REPORT
By Mr. Murphy
IN RE: MISCELLANEOUS RESOLUTION #8833 - AREA AGENCY ON AGING - INCREASE IN LOCAL MATCH FUNDING
To the Oakland County Board of Commissioners
Mr. Chairperson, La die and Gentlemen:
Pursuant to Rule XI -C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution 7/8833 and finds the request for an additional $2,852 is to fund additional administrative
cost. The Finance Cmimittee finds $2,852 available in the Contingent Fund - said funds are to be
transferred to the Non,Denartmental appropriation for the Area Agency on Aging.
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson
"Misc. 8833
By Mr. Peterson
IN RE: AREA AGENCY ON ACING - INCREASE IN LOCAL MATCH FUNDING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Area Agency on Aging is a regional organization engaged in planning and co-
ordination of Tvices to older people in a six county area including Oakland County; and
WHEREAS the County of Oakland has provided local match funds to the Area Agency on Aging
in the amount of $9,900.00 annually for both 1977 and 1973; and
WHEREAS the 1979 final budget presentation provides for local match funding of $10,600.00
to the Area Agency on Aging based on recommendations from the Finance Committee and the County
Executive; and
WH1REAS your Health and Human Resources Committee has reviewed and approved a request by
the Area Agency on Aging to increAse the 1979 Oakland County local match funding to $13,452.00 to
provide for additional administration expenses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize 1979
calendar year local match funding in the amount of $13,452.00 to the Area Agency on Aging.
The Health and Human Resources Committee, by John H. Peterson, Chairperson moves the adoption
of the foregoing resolution.
HEALTH AND HUMAN RESOURCES COMMITTEE
John H. Peterson, Chairperson"
Moved by Montante supported by Fortino the report be Accepted and Resolution 7/8833 be
adopted.
AYES: Gabler, Gorsline, Hobart, Hoot, Kelly, Lewand, McConnell, McDonald, Moffitt, Montante,
Moore, Moxley, Page, Pernick, Peterson, Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino.
(22)
NAYS: Murphy, Price. (2)
A sufficient majority having voted therefor, the report was accepted and Resolution 7/8833
was adopted.
Misc. 8897
By Mr. McDonald
IN RE: TRANSITION, CONVERSION AND PROGRAM REDUCTIONS IN COUNTY C.E.T.A. SUBSIDIZED EMPLOYMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County since 1975 has utilized C.E.T.A. funds to support a substantial number
of positions in its various departments and divisions, some of which were added to handle various
special projects and some of which were added to handle more permanent increases in workload
encountered by the departments and divisions.; and
WHEREAS it is anticipated the need for these employees in areas of increased workload
will continue on a permanent basis; and
WHEREAS the federal government is changing the direction of C.E.T.A. Public Service
Employment and through severe changes in its regulations are making it impossible to utilize C.E.T.A.
funds in many areas of County operations; and
WHEREAS federal regulations will require the layoff and unemployment of many experienced
County employees who are performing services for which the County has a continuing need; and
WHEREAS your Personnel Committee recommends continued utilization of C.E.T.A. funds to the
extent possible to assist In employing Oakland County residents but also recommends that the County
step up to funding the on-going staff needs;
NOW THEREFORE BE IT RESOLVED that the C.E.T.A. program revisions for County government
employment be implemented as shown on the at "C.E.T.A. Program Review - Guidelines" (Attachment
I); and
BE IT FURTHER RESOLVED that the 299 C.E.T.A. positions presently authorized in the various
County departments and divisions be converted to Budgeted or Other Source funding, continue as
C.E.T.A. positions, or be deleted from the County position listing as shown on the attached "C.E.T.A.
Program Review - Classification and Position Summary" (Attachment II).
173
Commissioners Minutes Continued. April 5, 1979
The Personnel Committee, by John H. McDonald, Chairperson, moves the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE.
John J. McDonald, Chairperson
Copy of Attachment I and Attachment II on file in the County Clerk's Office.
Moved by McDonald supported by Patterson the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 8898
By Mr. McDonald
IN RE: IMPLEMENTATION OF DEFERRED COMPENSATION PLAN
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a Deferred Compensation Plan will strengthen the County Personnel System by
attracting and retaining competent employees; and
WHEREAS a Deferred Compensation Plan will allow County Employees a fringe benefit that
will provide, an income tax sheltex and additional retirement security; and
WHIREAS a Deterred Compensation Plan may be established by the Board of Commissioners
pursuant to Public Law 96-600 (Revenue Act of 1978); and
WHEREAS the start up costs to establish a Deferred Compensation Plan are minimal and after
the first year of implementation, the plan will be self sustaining.
NOW THEREFORE BE IT RESOLVED that pursuant to Public Law 95-600 (Revenue Act of 1978), the
attached Deferred Compensation Plan for Oakland County be and is hereby adopted,
BE IT FURTHER RESOLVED that the sum of $9,960.00 be appropriated to cover the start up .
costs for implementing the Plan.
The Personnel Committee, by John J. McDonald, Chairperson, moves the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
DEFERRED COMPENSATION PLAN
FOR
OAKLAND COUNTY
I. ESTABLISHMENT OF THE PLAN
1. NAME OF THE PLAN. This plan shall be known as the Oakland County Deferred Com-
pensation Plan.
2. PURPOSE OF THE PLAN
A. For Oakland County. To strengthen the Oakland County Personnel System and its
ability to attract and retain competent employees through a deferred compensation plan.
B. For the Employees. To permit the employees to participate in a deferred
compensation plan, by entering into an agreement with Oakland County, wherein a portion of their
salary, not yet earned, will be deferred for the purpose of providing an income tax shelter benefit
and additional retirement security.
II. DEFINITIONS
• "County" shall mean Oakland County.
2. "Participant" or Participating Employees shall mean any employees of Oakland County
who elect to participate in the Oakland County Deferred Compensation Plan.
3. "Employee" shall mean an employee of Oakland County that has completed 6 months of
employment.
4. "Board" shall be the Board of Trustees of the Oakland County Deferred Compensation
Plan.
County.
6. "Plan" shall mean the Oakland County Deferred Compensation plan as set forth herein
and as may be amended from time to time.
7, "Deferred Compensation" shall mean the amount of compensation, not yet earned,
which the participant and the County mutually agree shall be deferred in accordance with the terms
and conditions of the plan.
8. "Participation Account Balance" is defined to equal the cumulative amounts of
compensation an employee defers pursuant to his participation agreement plus any increases or
decreases, that are realized from any investments or any administrative costs that may be determined
by the board.
9. "Retirement" shall mean retirement from service with Oakland County in accordance
with the County's retirement plan.
10. "Termination of Service" shall mean a participant terminating his employment
relationship with the County for reasons other than death, retirement, and leave of absence.
Ill. ADMINISTRATION
1. ADMINISTRATOR. The Plan shall be administered by the Oakland County Deferred
Compensation Plan's Board of Trustees.
5. "Compensation" shall mean all salaries and wages paid to participants by Oakland
Commissioners Minutes Continued. April 5, 1979 174
A. The membership of the Oakland County Deferred Compensation Plan's Board of Trustees
shall be:
a. The County Director ef ftnagement and Budriet
b. The County Director or Ii sound
c. The County Civil Counsel
d. The Cotrify Treasurer
e. The Chairman of the County Board of Commissioners.
B. TI e Board shall serve without compensation.
C. The Board shall elect a Chairman and Vice Chairman at the first meeting of each
calendar year. The County Treasurer shall act as Secretary and Treasurer.
2. DUTIES AND RESPONSIBILITIES OF THE BOARD IN THE ADMINISTRATION or THE PLAN.
Me powers, duties and responsibilities of the Board, with respect to the administra-
- tion of the plan, shall include but not be limited to the following:
A. To determine and authorize payment of benefits specified under the plan.
B. To make, amerd and enforce all necessary rules and regulations for administration
of the plan.
C. To resolve any and all issues and preblems as may arise in connection with the
interpretation, corstruction and administratlor of the plan.
D. To invest the amounts deferred in accordance with Section IV hereof.
E. To insure that the plan complies with all Federal, State, and local statutory and
regulatory agency reportino requirements.
F. To cause the preparation and filing of all required tax agency reports.
G. To furnish an annual account to all participants of their respective participation
account balances by the 15th day of the second month after each calendar year.
H. To establish and maintain appropriate books and records for the plan.
I. To prepare and furnish the County Board of Commissioners with an annual report
regarding the status of the plan.
J. To draft and disseminate information regarding the plan.
K. The Board nay enter into agreements to provide services for the aditdnistration of
the plan.
3: BINDING ACTION. Any decision or action of the board concerning or in respect to
any issue or problem arising out of or in connection with the construction, interpretation,
administration and application of the plan, including any rules and regulations promulgated here-
under, shall lie within the absolute discretion of the Board and shall be final, conclusive, and
binding upon all participants in the plan and any and all persons claiming under, by or through
them.
4. COST. All costs of administration of the plan will be paid by the Board out of the
plan assets if possible. The method of defraying said cost shall be determined by the Board. The
Board of Commissioners may appropriate necessary start up funds for the plan and necessary annual
operating costs.
IV. INVESTmENT OF DEFERRED COMPENSATION ASSETS
1. TYPES OF INVESTMENT. The Board may invest the deferred amounts of the plan and
other assets in one or more of the following:
A. In any contract offered by a life insurance company authorized to do business in
the State of Michigan.
B. In an investment fund established and maintained by any State chartered bank,
National bank or trust company.
C. In stocks, bonds, or other investment deemed appropriate by the Board that conform
to the laws governing the investment of public funds or Public Employee Retirement funds in the
State of Michigan.
2. OWNERSHIP OF INVESTMENTS. The County shall own, hold title to, and be beneficiary
to all investments purchased pursuant to provisions of this article and no participant shall have
any interest in such investments.
3. EARNING ON INVESTMENTS. The Board shall annually set an interest rate for the
ensuring year for credit to a participants' participation account to be paid from the investment
earnings. The Board may revise the interest rate during the ensuing year if it deems necessary.
V. OWNERSHIP OF DEFERRED COMPENSATION ASSETS
Ownership of and title to all assets of the Oakland County Deferred CoMpensation Plan
shall be vested in Oakland County until such time as a participant is entitled to receive benefits
under the plan; no participant shall have any legal or equitable interest in any asset or assets
of the plan. Further, the County shall establish separate accounts for plan funds.
VI. PARTICIPATION IN THE PLAN
1. ELIGIBILITY. Employees of the County, who report their income for income tax
return purposes, using the cash receipts and disbursements method of accounting and who enter into
a participation agreement with the County to irrevocably elect to defer a portion of his or her
compensation, are eligible to participate in the plan.
2. ENROLLMENT IN THE PLAN. An employee may become a participant in the plan by
executing a participation agreement anytime after six months of county service. Said partici-
pation agreement shall only defer income, as of the calendar year that it becomes effective.
3. AMOUNT OF DEFERRED INCOME. A participant must agree, pursuant to the terms of
the participation agreement to defer a minimTm amount of not less than $20.00 per pay period. The
maximum amount of deferred income shall not exceed the lesser of $7,500.00 or 33 -1/31 of partici-
175
Commissioners Minutes Continucd. April 5, 19/9
pant's in.ilustle ccim w—Lion in any calendar year. However, one or mere cia parlicipant's last
thre. • 11, r . before attainment of normal retirement age, an iac.• . deferred
laSt of the lessor of S15,000.00 or p (viously "unused" eligible . or may be used
to inc ;I, .„ imts
4. MODIFICATION. A participant wh. ,(Jif•n a participation agreement to defer
( ml n ii ri odify such particioisition agrecsAy to JS to chang€ . rhe amount of deferred
• ri 0 days writt. a n. c to the Board. A reduction of deferred coirvensation shall
Li' I. n b than $20.00 per
5. COMPENSATION 9 1 NI 'LI 'f-D. Compensation deferred under any participation agree-
ment enter( I into with the Counts,. Ail] t be considered to be current compensation and the
participant shall have no present ir,ursat in the amount otherwise made available to said partici-
pant.
6. REVOCATION. A. participant may, at anytime, revoke his participation agreement to
defer compensation upon 30 days written notice to the board; notwithstanding the foregoing, however,
said participant shall receive accrued benefits only insofar as authorized pursuant to Article V1I,
hereof. Revocations shall not he retroactive.
7. RF-ENCILY IN THE PLAN. A particitant who has receiv..; benefits pursuant to the
plan, or who has revcd. • (1 participation anrc m 0 to defer compcnsat;. n, may execute a new partici-
pation agreement t( ..r pmnensation not yet i ti .1, but such (.(ira .•(nt must be made at least 30
days prier to the bee .nning of the calendar year and can only be effctive for the next calendar -
year.
8. PARTICIPATION IN THE COUNTY RETIREMENT PLAN. Participation in the plan shall have
no effect, whatsoever, upon the retirement plan the County provides for its' employees.
9. LEAVE OF ABSENCE. If a participant is granted a compensated leave of absence,
approved by the County, participation in the plan shall continue during such period of leave of
absence. If a participant is granted an uncompensated leave of absence by the County, participation
in the plan shall be temporarily suspended during such leave of absence. Participation shall
automatically be reinstated as of the date of the termination of said leave of absence.
VII. FLAN BENEFITS
1. RETIREMENT BENEFITS. The County agrees to pay the participants, the participant's
participation account balance in one of the following forms, as selected by the participant at least
30 days prior to retirement.
A. A lump sum payment.
B. A monthly fixed income to the participant for as long as the participant's partici-
pation account lasts. No monthly payments shall be less than $50.00.
C. A yearly fixed income spread over 3 years in installments agreed to by the
participant.
D. Payments shall commence no later than 30 days from date of retirement except as
may be determined in VII. 1, C.
2. DEATH BENETIT PRIOR TO TERMINATION OF SERVICE. If a participant dies while in the
employ of the County, the Board shall make a single lump sum death benefit payment of the partici-
pant's participation account to the participant's designated beneficiary. Payment shall be made
within 30 days of Notice. of Death.
3. DEATH BENEFIT AFTER TERMINATION OF SERVICE. If a participant dies after termination
of service with the County and prior to the receipt of all guaranteed payments, the Board shall
make a single lump sum payment of the remaining funds in the participant's participation account to
the participants designated beneficiary. Payment shall be made within 30 days of Notice of Death.
4. TERMINATION OF SERVICE. BENEFITS. The County agrees to pay the participant the
participant's participation account balance in one of the following selections:
A. A luitqa sum payment.
B. A monthly fixed income for as long as the participant's participation account lasts
but in no case more than 24 months. No monthly payment shall be less than $50.00.
C. A lump sum payment made within 12 months of termination of employment upon 30 days
written notice.
D. Payments shall ccmuflence no later than 45 days from date of selection except as
may be determined in V11, 4.C. Selection of benefits under To of Service must be made
in writing within 15 days of termination or a Imp sum payment will no be made.
5. LIFE INSURANCE COMPANY BENEFITS. The Board may enter into an agreement that will
provide for participating employees to apply deferred compensation towards the purchase of life .
Insurance protection or an annuity plan.
6. WITHDRAWALS FROM THE PLAN. In the event of serious financial hardship, a partici-
pant may elect to apply to the Board to withdraw a specified amount from the plan. Approval of
withdrawals by the Board shall be based upon rules and regulations consistently and uniformly
applied. The amount which the Board may approve for withdrawal, may be only such amount as is
required to satisfy the serious financial hardship specified in the participant's application for
withdrawal of funds. Any amount so withdrawn by a participant shall be paid to said participant
in a single lump sum payment.
Serious financial hardships include, but are not limited to, unreimbursed major
medical expenses related to or resulting from illness or accident to the participant and/or member
of his or her immediate family, and/or various other unforseen and unreimbursed expenses and costs
Commissioners Minutes Continued. April 5, 1979 176
of a major and/Or emergency nature and where refusal to allow the withdrawal would work a sevelle and
serious financial hardship upon the participant. No withdrawals, hereunder, shall be allowed by the
Board for foreseeable, normal, budgetable expenditures, including, by way of example, and not by way
of limitation, down payment on a home, vacMion expenses, down payment and/or purchase of an
automobile.
VIII. MISCELLANEOUS PROVISIONS
1. AMENDMENT OF PLAN BY INC COUNTY FOARD OF C1OMEllSSIONERS. The County Board of Commis-
sioners may, from time to 'time, amend the provisions of this plan; provided, however, that in no
event shall any amendment have the effect of reducing toy benefits payable hereunder or otherwise
affecting the rights of participants or their beneficiaries with respect to the receipt of benefit
payments, to the extent of any compensation deferred as of the date of said amendment, as adjusted
for investment gains or losses, as provided for in Article 111.
2. TERMINATION OF THE PLAN BY TEE COUNTY BOARD OF COMMISSIONERS. The County Board of
Commissioners shall have the right to terminate this plan at anytime. In the event that the County
Board of Commissioners 'should elect to terminate this plan, as of the effective date of termination,
all participants shall he deemed to have withdrawn from the plan. In such event, each particpant
shall be entitled to receive and paid a single lump sum distribution of the balance standing to the
participant's participation account.
3. ASSIGNABILITY. Participants hereunder shall not have the right and shall be
absolutely prohibited from assigning any rights or benefits payable under the plan.
4. SPENDTHRIFT PROVISION. The rights of any particinant or beneficiary to receive any
payments under the plan may not be anticipated, alienated, disposed of or encumbered. In addition,
any such rights shall not be subject to attachment, garnishment or other legal or equitable process
or assigned or transferred in any bankruptcy or insolvency proceedings and shall be free from the
control of the creditors of the participant, his or her spouse, and beneficiary.
5. NO GUARANTEES. The County neither guarantees to any participant hereunder:
A. Any tax benefits to be derived by said participant by participating in this plan.
However, the plan is drawn to conform to Public Law 95-600 (Revenue Act of 1978).
E. Any gain or losses to be experienced by participants with respect to the investment
of any deferred compensation assets hereunder.
6. EMPLOYMENT RELATIONSHIP. Notwithstanding any provision contained herein, no provision
of this plan shall be deemed to constitute an employment agreement between participant and the County
and this plan shall not be construed so as to create an obligation for the County to retain the
participant in its employment.
7. RULES AND REGULATIONS. Upon execution of the participation agreement, the partici-
pant shall be deemed to have consented to be bound by all rules and regulations which may be estab-
lished from time to time, by the Board in connectionwith the administration of this plan, and by any
amendment of this plan.
8. LAW GOVERNING. This plan shall be governed and construed in accordance with Federal
and State Law.
9.. INDEMNIFICATION OF BOARD. The Board in the administration of this plan and the
investment of plan assets shall not be held liable to either the County or any participant with
respect to any errors and omissions in the performance of their duties and obligations hereunder;
nor Shall they be held liable with respect to any 'losses which may be incurred in making any invest-
ment decision hereunder; nor for any other acts except those constituting gross and intentional mal-
feasance, misfeasance, or negligence.
10. SEVERABILITY
A. If any provision of this plan, or its application to any person or circumstance,
shall be deemed invalid by a court of competent jurisdiction, the remainder of this plan, or the
application of the provisions to other persons or circumstance, shall not be affected.
B. All resolutions of the Oakland County Board of Commissioners, or any amendments
thereto, which are in conflict herewith, are, to the extent of such conflict, hereby repealed.
Moved by McDonald supported by Dunaskiss the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee, There were no objections.
Mr. McDonald requested a Public Hearing be held on May 3, 1979 at 1000 A. M. There were
no objections.
Misc. 8899
By Mr. McDonald
IN RE: ESTABLISHMENT OF CLASSIFICATION AND SALARY RANGE OF GROUNDSKEEPER SPECIALIST
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS existing ftoundskeeper classifications utilized in the Maintenance and Operations
Divisions do not distinguish among the various Groundskeeper specialties; and
WHEREAS that failure to distinguish among specialties creates problems for recruitment and
for the utilization of positions for specific groundskeeping purposes; and
WHEREAS the personnel Committee has reviewed a proposal to establish a new class of
Groundskeeper Specialist, which identifies certain Groundskeeping specialties, and recommends
177
Commissioners Minutes Continued. April 5, 1979
establishment of the new classification;
NOW THEREFORE BE IT RESOLVED that the classification of Groundskeeper Specialist be
established with the following salary range (197F ,tes):
BASE 1 YEAR 2 Yiett 0/T
11,741 12,371 1. • Req.
BE IT FURTHER RESOLVED that one (1) Oth• - Sources position of Grounds Equipment Mechanic
and two (2) Other Sources positions of Groundskec,,i II be reclassified to Groundskeeper Specialist
in the Grounds Maintenance unit of Maintenance and Operations.
The Personnel Committee, by John J. McDonald, Chairperson, moves the adoption of the fore-
going resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
Moved by McDonald supported by Peterson the resolution be adopted.
Moved by Murphy supported by McDonald the rules be suspended for immediate consideration
of the resolution.
AYES: Gorsline, Hobart, Hoot, Kelly, Lewand, McConnell, McDonald, Moffitt, Montante,
Moxlcy, Murphy, Page, Patterson, Peterson, Price, Roth, Wilcox, Aaron, DiGiovanni, Doyen, Dunaskiss,
Gabler. (22)
NAYS: Fortino. (1)
A sufficient majority having voted therefor, the motion carried.
Vote on resolution:
AYES: Hobart, Hoot, Kelly, Lewand, McConnell, McDonald, Moffitt, Montante, Moore, Moxley,
Murphy, Page, Patterson, Pernick, Peterson, Price, Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss,
Fortino, Gabler, Gorsline. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8900
By Mr. McDonald
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULES I THROUGH 8
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Section IV., Subsection A. of the Merit System Resolution requires that all changes
in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at
a regular meeting of the Board and shall become effective thirty (30) days after such meeting unless
objection is received in writing by the Chairperson of the Board of Commissioners, in which case the
objection shall become a matter of business at the next meeting of the Board; and
WHEREAS a subcommittee of the Personnel Committee has been reviewing the rules of the Merit
System since January of 1978 and has conducted hearings inviting public, employee, management and
commissioner input on the rules and numerous work sessions to develop revisions; and
WHEREAS it has become desirable to make certain changes in the wording of Rules 1 through 8,
as spelled out in the attachments to this resolution; and
WHEREAS your Personnel Committee has reviewed and approved these changes at its meeting of
March 21, 1979,
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this
notice and the attached document labeled "Proposed Changes in the Merit System Rules" to all
Commissioners present and absent to be considered as the official submission to the Board of
Commissioners, of the described changes in Rules 1 through 8.
The Personnel Committee, by John J. McDonald, Chairperson, moves the adoption of the fore-
going resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
PROPOSED MERIT SYSTEM RULE CHANGES
Note: Old and new recommended language is contained herein for reference and comparison purposes.
Recommended additions or new language is highlighted by brackets - i.e. (vacancies in such
offices). Deletions are indicated by a dashed line through language to be excluded or changes - i.e.
vmeame+e9-fn-such-offfees.
Commissioners Minutes Continued. April 5, 1979
RULE 1 - COVERAGE OF THE MERIT SYSTEM
.'Reference to SECTION II of the Merit System Resolution, which is herein reproduced
in its entirety in italic type. The material given in regular type spells out the
individual positions referred to.*
[Any changes in titles of the positions approved by the Board of Commissioners will
be regarded as valid revisions to this list.]
Section II. This Resolution Applies in its entirety To All Employees Paid By
The County of Oakland, except:
A. The employees of the Oakland County Road Commission, and
B. No provisions covering the manner of selection, appointment or
removal from office or limitations of political activity shall
apply to:
1. Officers elected by popular vote, and persons appointed to fill
111-ffluch-effiee. (vacancies in such offices.]
Department Classification
CIRCUIT COURT Circuit Court Judge
DISTRICT COURT District Court Judge
PROBATE COURT Probate Court Judge
CLERK/REGISTER County Clerk/Register of Deeds
PROSECUTING ATTORNEY Prosecuting Attorney
SHERIFF Sheriff
DRAIN COMMISSIONER Drain Commissioner
TREASURER County Treasurer
COUNTY EXECUTIVE County Executive
2. Officers and employees for whom the Constitution specifically
directs the manner of appointment.
3. Members of Boards Commissions, officers and employees
specifically by law to be appointees of the Board
of Commissioners, the Governor or other non-County officials
or official bodies. (:3ereti-m-4-5-c7,f-the-Prbi-ic-Act-I-99-of-i9
periki-te-the-ReNar4-nc-Emm n,-rf,-tm-rrentt...-rmti-nn."-nnder
thoa-Ceimty-Bmeetit-i-ve-eme4Heird-,.rclm-47.he,-merft-Sfyltem7)
[Public Act 139 of 1973 permits the Board of Commissioners to
create positions under the County Executive excluded from the
Merit System.]
178
COUNTY EXECUTIVE Executive Officer - Administration
Executive Officer - Operations
Administrative Assistant Minority Affairs
Public Information Officer
Director of Management and Budget
Director of Public Services
Director of Central Services
Director of Personnel
Director of Public Works
Director of Human Services
Civil Counsel
All Community Mental Health Employees
Administrator - Oakland County Hospital
Medical Director (Medical Care Facility)
Chief Probation Officer
Chief of Probation Administrative Services
Chief of Probation Field Services
Probation Officer Supervisor
Probation Officer III
Probation Officer II
Probation Officer I
CIRCUIT COURT
DISTRICT COURT
PROBATE COURT
179
Commksi.,..men;Minutes Continued. April 9, 19/9
Court Rep( r.(* III
Court Ada 0 or
Deputy ,.oirir t.I.,inistrator
Assignmerl-
Geurt-F4er-
.1 ! ,mrt
All '
Chi] It.I' W rker II - Assistant County Agent
Child l. 1.L.,, V' ,rber I - Assistant (cunt/ Agent
Child Well ,e Worker II - County Agent
Child it 1..t re Wcrker I - County Ag(nt
4. One deputy or as :-tant to each of the elective offices, who
in case of a vac 1 771 the elective office or inability of
such elective of'i Sr to perform his duties, would be entitled
to perform the dutes of the office, until the vacancy is
filled or the inability removed.
CLERK/REGISTER Deputy Clerk/Register
DRAIN COMMISSIONER Deputy Drain Commissioner
PROBATE COURT Attorney III/Probate Register
PROSECUTING ATTORNEY Chief Assistant Prosecutor
SHERIFF Undersheriff
TREASURER Chief Deputy Treasurer
5. The attorneys and investigators employed by the Prosecuting
Attorney's office.
PROSECUTING ATTORNEY /Prosecutor Trainee]
611#ef-Tr+m+-I,ftwyer
Girief-Appe+imte-unse
Senior Trial Lawyer
Assistant Prosecutor III
Assistant Prosecutor II
Assistant Prosecutor I
GN4ef-Proseeutt,r 1s—Envest4ester
Prosecutor's Investigator
(Chief - Warrants & District Court Division/
[Chief - Circuit Court Division/
(Chief - Appellate Division)
(Chief - Prosecutor's Criminal Investigation Division]
6. The Judicial Secretaries to the Circuit Court and Probate Judges.
CIRCUIT COURT
PROBATE COURT
PROBATE-JUVENILE COURT
Judicial Secretary/Court Clerk
Judicial Secretary
Judicial Secretary/Court Clerk
Probate Judicial Secretary
Probate Judicial. Secretary
Probate Judicial Secretary
7. Those serving in temporary or part-time County positions.
(Employees whose appointments are for less than 520 hours
in a twelve (12) month period.)
[C. The Personnel Committee shall have final determination as to who shall be covered
within the intent of this resolution. The exclusion of a classification from
Merit System coverage must cite the subsection of the Merit System Resolution
under which the exclusion is made.]
Commissioners Minutes Continued, ApiI 5, 1979 180
RULE 2 - SALARIES
(Reference to Section VI-A of the Merit System Resolution)
*Section I SETTING OF SALARIES
All County salaries shall be set by the Board of Commissioners on
the recommendation of the Personnel Practices Committee.
SectionII PREPARATION OF SALARY SCHEDULE
Prlor-te-4tinnary-4-ct-the—fent-in-wafth-tilt-ma+nries-are-to-became
effectireT-tite-Personoc+-P--t-e',-t+ie-Paard-oi-Aad-iters-a+4
pretp,--e-a-Se7lary-Sci.tedc4e-f.io-• ;-i-ke-4-.fttest-aperet,ea-stli-.ac -ranges
fer-ali-Ecanty-c+ftasi4:icati'mru-,--k:coies-nt .-ta-is-Se7lary-ITsce
shall-be-seat-te-canty-:-coartmeat-Heaa-and-eories-si—ti-ee
ave#1abe-ier—iftsreeten-at-the-Persenme4-9tvlson=s-6444ee.
[The Personnel Department shall prepare a salary schedule showing
the latest approved salary ranges for all County classifications.
The official salary schedule shall be prepared as soon as possible
after the Board of Commissioners approves a new schedule of salaries.]
Copies of this salary schedule shall be sent to each County Department
Head and copies shall be available for inspection at the Personnel
Department.
Section III APPLICATION OF SALARIES TO CLASSIFICATIONS
The salary range for a Classification shall apply to all County
positions and employees so classified.
Section IV SALARY RANGES
The salary set for a classification shall be called the salary range
for that classification, whether the salary consists of a single rate
or a series of salary rates.
A. The salary rate shall not include Service Increment pay, night
shift differential or other bonuses.
Section V STARTING SALARY RATE
The salary rate at which an employee begins employment in a given
classification shall be the base rate of the class, except:
A. When the employee enters the new class by way of promotion or
transfer from another County classification with a higher
maxlmam salary rate than the base rate of the new classification.
B. When the employee br±nra (possesses] recent directly comparable work
experience or advanced academic qualifications to (which exceed the
minimum requirements for/ the classification.
C. When there is an acute shortage of qualified applicants for
the classification.
* Section 1 amended by the Board of Commissioners in Miscellaneous Resolution
No. 6653 April 25, 1974; amendment effective Ma 26, 1974. 1
1
hall be
LSO
Years of County
Employment
Percent of Current
Salary Rate Ste_a_
181
Commissioners Minutes Continued. April 5, 19/9
C. When there is an acute shortage of qualified applicants for
the classification. •
Section VI MERIT INCREASES
?OR TrFORMATIONAL
?I• V ONLY: •
10 (It ;CI"; ARE
FOR
0:•W'AL
IF •mPIC
L.,ua.ieT TO
SCOER THE
S:OLLEUIVE
3AIICAINING PROCESS.
lary ri
it ,
The advar sent to the next L'ner rate within a :
callel a :;,;,t !A n ,• • - n A be based 11J I- ,115
of th. Aid 1,n,.6 (I • .•..c in the cIL
on th• c if rec
as exp !J'• ,a the official rer n Dii h. •
form, TI.. ff clod employee shc _1 • .
Merit filer Ise form, whether the Merit
A dtsapps sad Merit Increase is a d;
may be appealed to the Personnel. At
*A. The indicated length of service C the classification shall
include only service credited during that period toward the
employee t s Benefit Anniversary Date under Rule 22, III, B,
1, a.
(1111)10yee 's 5
. ,ilf • ,ccl
gr inter! or not.
—Lion, and as such,
**Section VII SERVICE INCREMENT PAY
. The Service Increment pay plan is baud on Miscellaneous Resolution
No. 2817-A, effective January 1, 1954 and provides that County employees
and appointed County Officials be granted automatic salary increments
! in addition to the salary range for their classification, as based on
[ the following schedule:
*Section I amended by the Board of Commissioners in Miscellaneous Resolution
No. 6653, April 25, 1974; amendment effective May 26, 1974.
**Section VII - SERVICE INCREMENT PAY - amended by the Board of Commissioners in
Miscellaneous Resolution No. 5980, April 11, 1972; amendment effective
June 1, 1972.
7 Years 2%
10 Years 47
13 Years 6%
16 Years 8%
19 Years 10%
A. Service Increments become effective the payroll period nearest
the completion of the required years of service.
B. Length of County employment is described in Rule 22, "Eligibility
for Fringe Benefits."
C. The-fe44owint-items-mre-ne,t-te-be-eentiidered-fts-rfirt-of-the
eurrent -salary-re.beep-on-whieil-tile-pe-reentages-ere-epped-r
IT--BenusesT-5eeh -es-these-peid-te-Regtered-PreEess+enal-Eng4neers T
2 T--NIght-eh4it-d4iierent4A4-pey-e ,s-eevered-uncier-Seet4"en-K-of
3,--Overe4me-payment.
182
0
Commissioners Minules Continued. April 5, 1979
C. (Service increment for an employee shall be computed on the
current actual salary regardless of the current classification
or salary his r.y. Certain items shall not be considered a
part of the for the purpose of computing service
increment. 1 ..mples of such items include:
1. Bonuses, _ach as those paid to Registered Professional
Engineers.
2. Night shift differential pay as covered under Section IX of
this rule.
3. Overtime payment.
4. Temporary changes of rate.
• 5. Incentive compensation.]
Section VIII OVERTIME PAY
A. Definition of Overtime
1. To be considered as overtime, the work and the time of doing
it must have been assigned by the employee's Department Head
or another supervisory employee given this authority by the
Department Head /and must have been authorised by the designated
agent of the County Executive in accordance with County overtime
procedures.]
2. All such time, in excess of a normal eight hour working day,
worked in the 24 hour period beginning with the start of the
employee's normal working shift that day, shall be considered
as overtime and credited to the calendar day on which the
24 hour period began. [Exceptions may be made in Departments
or Divisions which have received approval from the Board of
Commissioners and the County Executive to adopt work schedules
other than eight hours per day, such as 4/40, flexitime, etc.] ,
3. For full time employees, all working days in excess of five
in the employee's seven day work week, shall be considered
overtime, except for those employees on rotating shifts where
the shift rotation sometimes results in three days off at
shift change time and sometimes one day off.
4. For-pert-t+me--r,r4nyem7-ft4-1-wmrk4T11.n,-t4me-4n-one-elftv-+n-exee9m
wok4n-dsy-s ee
worked-+m-emee-is-4-whftt-tbe-€1,4+-t+me-emp ,ioyee-works-in-s
neal-i±e-day-werk-week.
[For part-time employees, working time in excess of that worked
by similarly situated full-time employees in a normal working
day shall be considered as overtime as shall any time worked
in excess of what the similarly situated full-time employee
works in a normal work week.]
5. See also, Rule 26, "Legal Holidays".
*B. Eligibility for Overtime
1. All County Employees are eligible for overtime (as defined
in Section VIII of this rule) except:
a. Officers elected by popular vote and persons appointed to
fill vacancies in such offices.**
b. Officers and employees for whom the constitution specifically
directs the manner of appointment.**
183
Commissioners Minutes Continued. April 5, 1979
c. Members of : ; sec if i.c.1•11., tr 1 by
law to be .:(-p( I . , , Comm 1..
Governor or otr.s.r son-County e, .1s or • fie i bodies.**
d. The-ene-depu-tyse>r-slas,44.an • -,.• , :-thesel-ect4ve-effsicers
alte (1 a-ftem-ea-e, seertts!,systestlne',
[Th,. )'ties or. scants to each of Le is officers
exci..Aed from COVE,- by the Merit System c r Rule 1.]
*Section VIII, subsection B amended in ecor h a ',(),(1 ) c of the Fair
Labor Standards Act of 1938 as amen,: d in 19/'4, o. cc Miscellaneous Resolu-
tion No, 6795, August 22, 1974; sr 0,,-..eat !, , : :3, 1974.
**Subsection 2 amended by Board of ( mmi Lot, Ilan(ous F.solution No. 6795,
ugust 22, 1974; amendment eff . '. 1974
e. Eweetst44 ,- /e-ev-P-,
Intererteed-by-tke-P-rne-,-i- --6e+ng
Uv67-Derertr-,ent-e+-1,mber-undet-t
-
emende47-emem1.3-mfttid-e-i4g4b4e-for-everti-b. -iLe-Personne4
Praet4.ees-Cemr-itteev
[Executive, Administration or Profession,. I. Elaloyees
interpreted by the Personnel Committe- a • le. p excluded
from the mandatory payment of overtime in ,,ccord with
applicable Federal or State statutes, as determined by the
appropriate governmental regulatory agency unless made
eligible for overtime OR EXCEPTIONAL OVERTIME by the
Personnel Committee.]
iv—Deleted.
gr—De+eted.
itv—Deieted.
**2. The pes4t4ens (classifications] of those County employees
and officials excepted from the payment of overtime shall be
noted in the County's official salary schedule.
3. The incumbents in the excepted positions:
a. Shall not be zocacifically compensated for overtime in either
money or Compensatory Time [except as further defined in other
sections in this rule.]
b. Shall be expected to average at least the number of hours per
week as required by the standard County work week.
c. Shall have their work and contributions to the development
and accomplishment of departmental and County programs and
goals evaluated in terms of quality and quantity of production
and achievement rather than on adherence to set specific
working hours.
d. Shall not be held to the established County schedule of Annual
Leave accumulation am4-usmee7-e:keept-they [but shall not be
held to the maximum accumulation schedule. Such employees] may
not take a continuous vacation of more than the maximum accumula-
tion allowable an employee [eligible for overtime] with their
length of service under Rule 23. [NOTE: This subparagraph refers
to maximum accumulation or.ly, and not to the rate of accumulation.
Employees exempted from payment of overtime shall still be held
to the rate of Annual Leave accumulation based on their length of
eligible County service as described in the rate table contained
in Rule 23 - "Annual Leave".]
1 ---
**Subsection 2 amended by Board of Commissioners Miscellaneous Resolution No. 6795,
(Th August 22, 1974; amendment effective September 23, 1974 _____
Commissioners Minutes Continued. April 5, 1979 184
Atts5,11
(1) Time absent from work and deviat'_on fi -om the official
office hours the empl, ( ' t•,1..t must always
be with . ia• •• • • ea,tant Head
who shall L.,c_ th - rt<14.1 • A),.1 ,,y 1JC t' le..iting the
employee's p• .ad ju.,ifying p.J ,•tted deviations
from established hkeis of work.
*(2) Absence from work of less than one complete working day
shall be compensated as if the employee were "on the job"
and shall not be deducted from Annual Leave accumulations,
Sick Leave accumulations or any similar leave plan.
*(3) Shall be compensated for periods of temporary military leave
as though they were "on the job" except their salary for
that period shall be offset by the amount of military pay
received by the employee for that period.
*(4) Shal+-be-eenTen.seted-ae-s-w.itness-Kneier-Mert-System
Rale-14-whetket—subpeenned-ras-e-wtness-o-r-appeer4ng
ve+an-tar+ly,
[Shall receive regular County pay while appearing as a
witness if such leave is in accord with the provisions
of Rule 14, whether subpoenaed as a witness or appearing
voluntarily.]
[4. Exceptional Overtime
Exceptional overtime is defined as specific types of overtime
assignments beyond the control of the employee not eligible for
overtime compensation in the normal course of their work.
Positions classified as eligible for "exceptional overtime" are
usually professional in nature and as such are compensated on
the basis of the function performed rather than the hours worked.
However, when it is necessary for an employee in this overtime
classification to fulfill responsibilities of an absent employee
or to "fill in" in an area outside his normal function, and this
exceptional assignment requires the employee to work more than
8 hours in one day or 40 hours in a week and the overtime hours
have been approved by the County overtime control authority, the
employee is entitled to overtime compensation.]
.C. Method of Compensation for Overtime
**1. Eligible employees, as described in Section B above, shall be
compensated for overtime, as previously described by payment in
salary which shall be computed at the rate of one and one-half
of the employee's normal salary rate.
*Subsections (2), (3) and (4) added in accord with Section 13(a) of the Fair Labor
Standards Act of 1938 as amended in 4974 and p. 541.118 - Federal Register, May 7,
1973. Subsection 3, d also amended. Board of Commissioners Miscellaneous Resolution
No. 6795, August 22, 1974; Changes effective September 23, 1974.
**Subsection C, 1, amended in accord with the Fair Labor Standards Act of 1938 as
amended in 1974; Board of Commissioners Miscellaneous Resolution No, 6795, August
22, 1974; Amendment effective September 23, 1974.
a. The time and one-half salary rate shall be based on the
hourly equivalent of the employee's annual salary, including
his Service Increment, and night shift differential, [and
temporary change of rate], if any.
b. The following salary items are not to be included in the
computation of time and one-half overtime pay.
(1) Bonuses such as those paid to Registered Professional
Engineers and Registered Land Surveyors, which are based
an an annual amount.
185
Comuti'.,.ioner ,, Minute'. Continued. Aptil 19/1
*2. All time 'o ' c r1. t,1 for shall be recorded on the employee's
attendan,, y • ,rd f •r ir, leriod5-, worked and on s,-.11 other overtime
requests ,6 [,,,n Lion. forms :Is mAy be requircd.
*3. Overt im( • ,1 . F by th• Ic;tton of Comp. • A ry Time to the
7. P.. • at • I .t 1, 1974 when
t ••=b-r -r•• . • F., '• • •• •- -t
4444-r,-1, u-•-.••• '.••• •t• -• •t-. I4,9, may be
compevsat,d f• r ih ry tnder the t •f conditions:
a. If such a chary. i r nu,:•ted through ;he Personnel Office by
the employee': D•i Head.
b. If funds are available for such payment.
c. If the Compensatory Time still remains in the employee's
Compensatory Time accumulation.
d. If the time so compensated for in 1 • is removed from the
employee's Compensatory Time accumulu,itn.
e. When Compensatory Time for payment of overtime was entered in an
employee's Compensatory Time accumulation, it was entered at
the rate of time and one-half of the actual overtime worked.
Payment from the Compensatory Time accumulation, therefore, must
then be made at the straight time rate.
Section IX NIGHT SHIFT DIFFERENTIAL
A. Definition of Night Shift PI:: rential
1. This is a bonus of 25 cents per hour, added to the salary rates of
employees in certain County positions for hours actually worked on
the afternoon and midnight shift.
eT--Eight-heer-werle-e;nii-serting-et-41,00-te-4-:GA-P7MT-etre
generelly-eems44eti-fts-e-ellterneen-sh-ifts-ene-these-begnning
st-441-00-P,M7-te-,i41-00-M4dnight-e-re-gemereli7-eens.i'eered
michTight-shi-fts,
I *Subsection 2 and 3 amended b: nuard of Commissioners Miscellaneous Resolution No. 6795, 1. August 22, 1974; Changes ,ft fv , September 23, 1974.
ev--zeceu-ne-Tnere-mte-menr-eemer-enttee-euring-theee-heure
howeler7 Shifts having four or more hours falling between
6:00 P.M. and 6:00 A.M. shall be considered eligible to
receive the night shift differential pay for all hours worked
on that shift, providing the positions involved are otherwise
eligible.
B. Eligibility for Night Shift Differential
1. With the exception of employees on rotating shifts, all employees
vhe (in positions which] are assigned to eligible shifts, as
described above, shall be considered as eligible to receive night -
shift differential pay.
a. Employees in eligible positions but normally assigned to
non-eligible shifts who are temporarily assigned to an eligible
shift, either as a temporary change of shift or as overtime,
shall receive night shift differential for the number of hours
worked on the eligible shift.
b. Employees in non-eligible positions whose overtime work
includes time worked on an eligible shift shall not receive
night shift differential pay for this time.
Commissioners Minutes Continued, April 5, 1979
C. Employ', in eligible positions assigned to eligible shifts shall
not re ve night shift differential pay when working on
eligib r h3 its.
*d. Night shift differential pay shall be included in the salary rate
which is used for the computation of time and one-half pay
for the payment of overtime.
(1) Employees in eligible positions who work overtime on
eligible shifts shall receive overtime pay based on one
and one-half times their normal salary, including night
shift en4 differential pay.
e. Employees in eligible positions who use Sick Leav( , Annual
Leave or are off on legal holidays, or other Leav With Pay
while assigned to an eligible shift, shall not . eive night
shift differential pay while on such Leave.
Section X REGISTERED ENGINEER'S BONUS
E..loyees who are registered as Professional Engineers by the State of
jftchigan will be eligible to receive the Registered Engineer Bonus,
under the conditions shown below.
A. Eligibility
**1. Registered Engineer bonuses will be paid only to those employees who
hold the engineering classification of Civil Engineer II or higher.
Department Heads, Deputy Department Heads and Assistant Department
Heads are excluded from this definition.
*Subsection B, 1 d amended in accord vith the Fair Labor Standards Act of 1938 as
I amended in 1974; Board of Commissioners Resolution No. 6795, August 22, 1974;
' amendment effective September 23, 1974. I 1 **Section X, A 1 amended by the Board of Commissioners in Miscellaneous Resolution
t No. 5935, February 17, 1972; amendment effective March 19, 1972.
2. Employees in applicable classifications shall [initiate a request
to apply for the bonus in writing to the Personnel Department,
attaching a copy of the registration certificatej stibm4t-the-ir
regi5tret+on-certeeee-te-the-Pereonne}-s+en-ef-the-Beerel
of-And+ters, as proof of eligibility.
*3. Employees registered as Professional Engineers who are also Registered
Land Surveyors, shall receive only the Registered Professional
Engineers bonus and shall not be eligible for the Registered Land
Surveyors Bonus regardless of the fact that they may use either
or both of their registrations in their County employment.
B. Amount
1. Engineering employees classified as Civil Engineer II, who hold
the Professional Engineer Certificate, shall receive $300 in
addition to their regular salary.
2. Engineering employees classified as Civil Engineer III or higher,
who hold the Professional Engineer Certificate shall receive $500
in addition to their regular salary.
C. Method of Applying Bonus
1. The bonus amount will be added to the employee's salary after the
computation and addition of any Service increment pay to which
the employee may be entitled.
186
187
Commissioners Minutes Continued. April 5, 1979
D. Eligibility Date
1. Employees who become eligible for a Registered !I.. . Bonus, otter
they have been in the employ of the County, sh, I i eeive the 1
effective the beginning of the payroll period : • • : to th -
reg4strmt+em, [request for the bonus and submiss:e the r
tion certificate./
transferred
rceive the
2. Employees who are Registered Engineers and are pi-net
from an ineligible to an eligible classificatien,
bonus effective on the date of the classificat:
3. Registered Professional Engineers entering the Coueiy trvice in
eligible positions will receive the bonus from the first date of
County employment.
a. Renewal
In cases where certification requires periodic renewal or updatirw,
employees receiving bonuses shall update or renew their certification.
Evidence of certification or renewal shall be submitted to the Personnel
Department in order to remain eligible for bonus payment.]
I *Section X, A amended by the Board of Commissioners in Miscellaneous Resolution No.
6653, April 25, 1974; amendment effective May 26, 1974.
*Section XI REGISTERED LAND SURVEYORS' BONUS
Employees who are registered as Professional Land Surveyors by the State
of Michigan who use this registration in their County job shall be eligible
to receive a bonus at the rate of $300.00 per year with the exception of
those employees also registered as Professional Engineers and receiving the
Registered Engineers' Bonus. Employees shall not be eligible to receive
both the Registered Engineers' and Registered Land Surveyors' Bonus regard-
less of the fact that they may use either or both of their registrations in
their County employment.
The following sections of the Rule 2, Section X above, "Registered
Engineers' Bonus", also apply to the payment of the Registered Land
Surveyors' Bonus:
A-2; C-1; D-1, 2, end 3 [and E/
Section XII METHOD OF PAYMENT - EMPLOYEES
A. Employees are paid bi-weekly (every other Friday). The first payday
of each year is the third Friday of January.
B. The two week payroll begins on Saturday and ends on Friday, fourteen
(14) days later.
1. Full time employees normally work, and are paid for, ten working
days during this 14 day period.
2. Because of shift change dates on rotating shifts, it is possible
that an employee may work nine days in one pay period and eleven
days in the immediately preceeding or succeeding period.
a. In this situation, such employees are paid the normal ten day
salary for each pay period.
188 Commissioners Minutes Continued. April 5, 1979
EXTR INFORMATIONAL PURPOSES [b.
)NLY:
3libsection b. held for further
recommended changes. No
recommendation is
presented for sub- C. Payday is the Friday following the Friday the payroll period ends on.
section b. in this
proposal because . D. The portion of the annual salary rate the employee is paid each hi-weekly
the issue con- pay period depends on the normal** number of working days in the year.
sidered by the
subcommittee is Number of Working Portion of Annual Rate
subject to nego- Days In A Year Paid Each Hi-Weekly Pay Period
tiations under the
collective bar- 260 1/26
261 1/26.1 gaining process. 262 1/26.2
263 1/26.3
**Based on a five (5) day week - Monday through Friday
I *Section XI amended by the Board of Commissioners in Miscellaneous Resolution
No. 6653, April 25, 1974; amendment effective May 26, 1974.
Section XIII METHOD OF PAYMENT - ELECTED OFF4G+A1,S AND [CERTAIN APPOINTED COUNTY]
OFFICIALS
[Elected Officials, Officials appointed by the Board of Commissioners,
and other County Officials as may be required by law] are paid on the
basis of the number of actual calendar days in the year and are paid
through the day they receive their bi-weekly pay checks.
Section XIV METHOD OF PAYMENT ON SEPARATION
(See Rule 9 - "Separations")
Section XV METHOD OF PAYMENT FOR THE LOSS AND GAIN OF TIME DUE TO CHANGES FROM
STANDARD TIME TO DAYLIGHT SAVINGS TIME AND RETURN
A. The shift on duty when the time change is made from Eastern Standard
time to Daylight Savings time will be paid for the normal eight hour
shift, even though the actual time of work is one hour less.
B. The shift on duty when the time change is made from Daylight Savings
time back to Eastern Standard time will be paid for the normal eight
hour shift, even though the actual time of work is one hour more.
Seetleft-XVI---69.01)-FR4BA,f-A19.4USTNENT
Empleyees-ere-g.rented-tme-e-ff-wk-w+th-perv-whenever-pess414e7-beeween
the-hosts-oi-+4144)-nocn-sn4--31-80-p7m-on-Gt3cd-Fr.ider7-€t5r-the-prirpose-oi
ettencling-rel4geue-serv-iees7-etSsugS-scieh-t4me-she4+-net-be-eensdeed
211e14day-tlme2-fer-eny-sther-purpose4see-Rs4e-267-Gee-e4en-T-AT-14
Empieyeen-ne'rmsI17-sche!4m1ed-to-werk-btwen--12-t99-nc/em-snd-+:.O0-p,m7-tIn
Geed-FridAy-whc-cetnnnt-he-n-14-.nwed-the-t-ime-nti-wlIrk--fru!-ftny-resson7-ttmei-wits
ere-offfe-11114yriss4,tned-to-work-thne-time7-sks4+-be-eompentletteel-er-these
three-henra-at-tFte-tette-r4--ei,me-end-one-4in+i—fe-r-the-hours-eetue+4y
netually-werked-ratriter—thaft-otfa4gh4-41110-..
1 aneous
189
Commissioners Minutes Continued. Arpil 5, 1979
RULE 3 - CLASSIFICATION PLAN
(Reference to Section VI -A of the Merit System Reso1uti'4)
Section I ALL OF THE POSITION- TN THE COUNTY SERVICE SHALL BE CROu 0 TO
CLASSIFEC%'1(.:4 -0 •' ALL POSITIONS REQUIRING THE SANE G- PAL TYPE
OF WORK 01 I.LI Srb e ..L.-tAL LEVEL WITH THE SAME RELATIVE Di ES AND
RESPONSIBU.ITIES SH_LL HAVE THE SAME CLASSIFICATION.
A. A position shall be defined as a unit of duties and responsibilities
to be carried out by one employee, normally on a full work year basis.
1. A budgeted position is one which is paid from a department's
budgeted salaries appropriation.
Budgeted positions are all approved by the Board of Commissioners,
either as part of the County's Annual Budget or as a separate action
by the Board of Commissioners.
2. A non-budgeted for "other sources"/ position is paid from funds
not specifically budgeted for salaries. Examples include funds
received from the public, other governmental units, or other
County Departments, for services rendered by the position in
question.
Because the number of non-budgeted for "other positions
required may change rapidly with changing work J-ae5 and the
availability of funds, t1te--F,4r,tn-i-eprrf,rn-i-e-sel ,+-pe,4t4fsrs-rets
w4th-the-Beerd-of-And4ter [such positions shall be established
by the County Executive with Personnel Committee concurrence.]
B. A classification shall be defined as the title given to all County
positions having the same general type of work with relatively the same
duties and level of responsibilities.
*C. New classifications shall be created only by the Board of Commissioners
on the recommendation of the Personnel Preet4ees Committee.
Section II DETERMINATION OF CLASSIFICATION
A. The classification of each position shall be arrived at by the Personnel
• /Av4son Pepartment).-ef-the-Benrd-r4-And+t ,nr,-nnfier-the-superv+sien-ei
the-Beard-ef-Aidditers-end-the-Persenne}-Praet.iee,-Gomm+ttee-ef-the-Beard
ef-Gomm#ss4enersT
1. The Personnel E4v4s4en[Department] shall maintain an up-to-date
written class specification describing each classification covered
by the County Classification plan.
Subsection C added by amendment of the Board of Commissioners in Miscel
Resolution No. 6653, April 25, 1974: amendment effective May 26. 1974.
2. Classification determinations shall be arrived at by the Personnel
Rivis#en [Department] after study of the duties and responsibilities
of the positions involved and after consultation with the Department
Head involved.
3. A department wishing the classification of a position studied shall
make such a request in writing to the Personnel Director.
[a. Such a request shall identify the reasons for requesting
reclassification.]
Commissioners Minutes Continued. April 5, 1979 190
(b. The Personnel. Department shall review the request and shall
determine whether a classification stuc., warranted, based
on the rc:-T-as cited in the request. The .• r !, Department
shall re end within thirty calend.,r y . .f ;..c .1 .1 at whether
or not a (idy is warranted and shall . to their . • . s n: for
taking s-(1) a position.)
4. An employee wishing to have the cl -• . ficitl -Ta of hi .(
shall make such a request in writlro ( h:
ment Heads shall note that they ha vf • n th • • a
to the Personnel Director along with (, mn,(1,1 it ion (1.3
for a study[ no later than 14 days aft. .• receipt of rece
n studied
Depart-
forward it
to the need
st].
[a. Such a request shall identify the reasons for requc ag
reclassification.]
The Personnel Department shall review the request and shall
determine whether a classification stue -, is warranted, based on
the reasons cited in the request., The c ..rsonnel Department shall
respond within 30 calendar days recij of the request
classification study regardless et wheni. r or not a study is
warranted and shall cite their reasons for taking such a position.]
Eh.
OR INFORMATIONAL PURPOSES f "
NLY:
ubsection c. held for further
ecommended changes. No
ecommendation is presented
or subsection c. in this
roposal because the issue
onsidered by the subcommittee
s subject to negotiations [cl. rider the collective
argaining process.
(Reserved for future changes.)
If an employee has requested a classification study, and if that
request has been found by both the Personnel Department and the
Personnel Committee to not warrant such a study, then any sub-
sequent request by that employee for a classification study, so
long as the employee remains in that same classification, must
specifically identify the no elements which have been changed or
added since the time of the earlier request./
5. A written notice of classification determination shall be sent to the
current incumbent of the position in question and to his Department
Head within five days after the determination has been reached.
Section III APPEAL OF CLASSIFICATION DETERMINATIONS
A: The Personnel Preet-iees Committee shall act as the final County appeal
body on classification matters, hearing appeals of the Personnel
Divisienls [Department's] determinations from either employees or
Department Heads.
1. An appealing party shall have up to five calendar days after
receipt of the notice of classification determination in which to
notify the Personnel ±4±en [Department] that it wishes to appeal.
2. On receipt of a classification appeal the Personnel Director shall
place the classification appeal on the agenda of the next meeting
of the Personnel Prset4ees Committee.
Section IV FORMS OF CLASSIFICATION DETERMINATIONS
A. NO CHANCE is when-4+-eis-determ4,ned (a determination] that the position
is correctly classified at its present classification.
B. A LATERAL RECLASSIFICATION is when-4t-4s-determ4ned fa determination]
that a position should be reclassified to a classification having the
same maximum salary.
191 -
Commissioners Minutes Continued, April 5, 1979
C. AN UPWARD RECLASSIFICATION is wiem-rt- -deemrte f ti
that a position should be reclassified to a classific -e
higher maximum salary.
D. A DOWNWARD RECLASSIFICATION is when-4teds-deteti
that a position should be reclassified to a ,1 -
lower maximum salary.
• •m..entionl
laving a
1. Incumbents in positiere reclassified downwa .:u, who rpmain in that
position, sholl be reciced to the lower classific:,. a ,.eediately,
but shall ftere•in at .1 present sa-ry rate, •n ••Id ifrther
upward .reaU'e eiju, (- until such tfme as tbe ma, (nr for the
new classi.'n:ation c the positic: fni _Is or excet.1 - thc r salary on
the date of the Downwald Determinati,:u.
[An incumbent who is eligil 'a r( eive Service Increm(e h. 11
have such Service Increment -nn ,t(d on the salary rate b(
paid.]
2. ',41mbents in positions reclassified downward may apply to t1.-
«Tronnel 7-iy4s4.en (Department/ for transfer into another ition
same classification from which their position has
1 -lassified. This request shall be treated as all other r, quests
for lateral transfer.
RULE 4 - FILLING OF VACANCIES
(Reference to Section VI -13 of the Merit System Resolution)
All County positions, except those specifically exempted by the provisions
of the Merit System Resolution, shall be filled by one of the following manners.
For each vacancy, tbe Department Head(s) shall complete and cen4 to the .
Personnel P-iyib4en (Department] e€-the-Beerd-o-i-Amt4ters a "nersonnel
Requisition" which gives h4m (to them/ the choice of the p ,.. -ve-i4eble
from e4.--ef (any of] the following methods. emeent-thet-d-r•--enb-1.
eppee-eo Lb ,L4f,
methods are israle and distinct and Heads should -.1 .ully
consider all a ,ilabie options before selectio, one. Once the 'h Ira has
been made, Department Heads will be bound by tbeir original decision unless
unusual circurnYninces or minimal recruiting r ,e3ponse warrant reconsideration
of how the position could best be filled. The Personnel Department has the
final responsibility for administration and efficient implementation of this
Rule in accordance with applicable provisions of the Merit System Rules, end
administrative guidelines as established by the County Executive, and
personnel policy as adopted by the Board of Commissioners.]
Section I - OPEN COMPETITIVE APPOINTMENT
A. For each vacancy, the Department Head(s/ shall have 14s (their/ choice
of the top five ranking persons on the current eligible list resulting
from an open competitive examination for the classification of the
vacancy. The Personnel D.Ey4's4eb (Department/ shall certify the
current top five eligibles to the Department Head in writing.
B. Under-Seet4en-V4 e --ef-the-Mef+t-6-!stem-Renb+et+enT-perdons (Plersons
receiving open competitive appointments must successfully complete a
six months probationary period before the appointment shall be
considered complete.
Probationary employees successfully completing the probationary period
shall receive regular Merit System status giving them the right to
Appeal to the Personnel Appeal Board on those personnel actions within
the Appeal Board's jurisdiction; the right to appeal to the Personnel
Prftetlees Committee on matters under that body's jurisdiction; and
such other rights as spelled out in these rules and regulations as
applying to employees with regular status.
192
Commissioners Minutes Continued. April 5, 1979
2. Probationary employ,rdt failing to suc.-.orr --F.Illy p!H rh ,ir
probationary period are sep,aited ro.:1 Count gm thcot
benefit of appeal to the o• •,n ,I Ap al n. 1, •
not be reinstated on the ii I. a ii 1 ., •. tficati -)o until
they have successfully retain the entire , ..irr at .ori compel . Live •
examination for that classifi,Lation.
[3. Present County emrloyees with Merit S/:.tt, f•ttu• vmo have applied
for and passed an v n competitive ex n r t i,•iptbl.e for
appointment to a iti-n withoo , fl s •t 1 ,om, C•onty service or
giving up their Veri: System qt : I ,. v • t li ; re among the
top five candidates on the El.. itt. ta istances, those
personnel transactions will b: in accor.:'.-dcc with the provisions
of this rule established for olt( s-departmental promotion, inter-
departmental transfer, intra-ded•rtmental promotion, or intra-depart-
mental transfer, whichever is ar,o,licable./
Section II REEMPLOYMENT OF A FORMER COUNTY EMPLOYEE
For each vacancy, the Department Readts1 shall have hlis (their] choice
of any former County employee eligible for reemployment under Rule 12.
Section III [INTER-DEPARTMENTAL) TRANSFER OF A PRESENT COUNTY EMPLOYEE
A. For each vacancy, the Department Head[s] shall have h4s [their] choice
of any present County employee [outside of their department/ who meets
all of the following considerations:
1. Has Merit System status in the same classification or a classification
with the same or higher maximum salary, except:
etr- Fer-purpsse-of-tfmns-ger7-emp+o!fees-wile-werehe-empleyment
Nevembet.-227-44-7,-4ft-x-TtEtm-i.E4otered-nt=t4e ,--St.-t-,11-;4.-B7.
e;t1t4eft;
(H-to• •f4est4en
and-be-e14+1,14--o—trerovr-te-pef,.4f,tions-,r ,•t--ec-by--Ehe-Met4t
System-prov44e--fliefe-is-no-Stesk-4n-Coenty-se-viee-and-the-employee
is-etherwise-qual-ii4ed-for-the-trttnsier.
[Employees cannot be transferred while serving a probationary
period resulting from an open competitive appointment. (Any
movement into a new classification or another department from
that originanly appointed requires another open competitive
appointment.) Tie provisions of this no of the rule may he
waived in the event of an imminent layoff, Employees reappointed
during their intial open competitive probationary period shall
have their original appointment date used for the purpose of
determining eligibility for and computation of all fringe benefits.;
bT Emp+oyees-trftns+erred-while-servine,-s-prnbett4onery-sef4ed-re-
ssIt4n8-frem-en-esen-eempetve-eeselstment-mhst-be-tesppe4nted
te-the-depaTtment-te-wh4eh-they-Hsve-bees-trensfe?fe4-en4-stel't
et-new-e4m-menth-p-robst4esary-pey4e4,
e7ficr-Tt--Emp+eyee,-trftft,€erre-6-whi.1-e—rervit-pb.a-t-i-errai!-r-p-eri
ressit4ng-from-s-promst4,sh-msst-s-er -remainder-s-the
pro1ati-enaryperi-.34-i-n-t-he-depltme r-0+e-,--1-1-13-eea•
transferred7--imprees--eertnsd;errirt-t-,,,t-nev--elieut
in-another-d-enttrement-wi-14-19.erve-aft enti-renew-s4*-FfissE,4
prehett4eserry-per4s4,*
2. Meets at least the minimum qualifications for the classification of
the vacancy as shown in the current examination announcement for that
classification, or if such an examination is not open, the latest
written specification for that classification.
, 193
Commissioners Minutes Continued, April 5, 1979
3. [The employee] has agreed to transfer into thE r cancy in u: cIon,
4. The l'Iplc-ee's present Dep.rt; -t Had has , • ,
The Del. head's a a.T!: t 'E 2.1 cs-
pellnt • . cintinuing neod. a •r
demonstc ted. If this matt• - ••.:t be r( 1> u
involved, the Di/ -'or of l'ersonnel shall , ' - e autnorfr.
effect or den7 ,La-sfer request.
B. fhe-Persenne+-94vif/it:.-lhell-i-keer-e--141t-,f-erdriy-erip4cveel -w -1/rwe
requested-ft-trftner-te-eneter-FJerertment-end-,i9ft4.1-e..er e-nnne.9-of
these-ltte,i-ied-ff,r-ftmei--inereted-4."-E4e-veemn-4n-ertlet -irenT-4-i-5e
reqeeste4-by-the-C,.epaTtment-keed-iteving-the-veeeney ,
[The Personnel Department shall have forms c•, • i.,1•J for County emt_ev
requesting transfer into another department. i v• es must s, i• ,
this form the department sod classification ant.• wtl• h they A:crL -Jed
in transferring. The Per5.-)nnel Department shall , • • .:.! ,
appropriate transfer req:e . s and updated applicat... ..•• tc. DeIartment
Heads requesting to fill. oac .ncies in this manner. s current
Department Head will recete a copy of this request for t• •c. •.'••• at the
same time. A request fo. Lransfer will only be considered a period
of one year following the date of such f•1,•a. After one t, the
Individual still interested in a transfer must resubmit the appropriate
forms with the Personnel Department./
Szt•rturri-V—PROM-0-TiON---ffF-A—PaL-.31:-,-NrP--€0-U-NT-1"-EMPt-O-Y-E-E-:
Olr/r5ynTYT-RvmhrrirrrTSrrrfun .t=iTft73-4
litlititer-nrrt iumprzkr-ry.-firr,_. r rTe-rrt-i-ftr. -rrt to- {,r t i-orrn-rtcy-reirrest
that -a-rot.,ntion-Lrl 47r4d7i,r- e- eran-rm-en,t -to
make-his-seqrc -try rz I
r 0- -rrmizirrg-carrri.. -ri
tfr ° F h ratans-717 th-r-D-7-m-ftrrirnr-f-hrarl-mar-pro,,,,,tu-a-pre-s-ent-evrrnty-ern-plrrree-7,0-to
mrets-a1i-crf-t-hr4crlirrwirtg dr_ I
v.a.cancy-i+s-
classiE+‘..t n014,4*-4 ftf-t -*rex -r,rt-r,.- tire- 4att-s
a6
ResJution.
1377-7-7-147-57P'-7FrWirTri= 7:7F-77;7719=f7(73--=-1-- =77 C5-.E-TY-E iipf,i --7---(7FITIVc,r-TEfilEFC"C3-
prEpt-214-4-r(44.--f-t-7,-Thr. ,,,,,c7-74-7-17=-7751+7.1.-frx71171-trn7Tgrul -tr/tir
vaeorier:ift-trtietTt-yr17 .---n-7 or tad b-,---thr-DrFrt-mrarttrazi havirrg-Ow-rararrcy-.
uHd,.n 11,k ....inCuicsirsit-smnrr-vsivrmIrrN-prcinwirniWt
pfe-bet-iermr)---brf-rn-r ,h ,pnnnontn-drftbuTan71-ftTEd-aairiliTTSVE6511771-4
. of th,-tvicrir-S-77uriritc-spi-crrinn.7
47---------Fro-mortrd-rn,[4771n--s7,Lc,sfully-ronirirrimT-Thcir --rminnntmmt
• Tffobtt6ona.7rHx-rir,t4-Tre-iTc-rcrrirrr4Yterir-Srmerm-StfttrrT-iri-tbc
vfassiiiraLiull au wirrcf-r-rhey-frtvcri-TunTrurrrt7rcti.
/7---------Prormrd-mitcr7m771:7h7777rucczns-fulty-Tninyirro-ihrtr-mnrnrtsrnt
pT11:1173Tia'77217-77777± .1 n HIM'- dt'uuaa d To -c-Inringlrcs-r-thiss-ifrrrnirrn-in-
w-r-t+re7 a,, C-7.- rtt^tTitr- cr it -Sysrenr WirfT(TarTfTC-TRY,fir 21f7ITTprat
yy/hr4kTstmnm47-VFF:ri13-tmrni.
Commissioners Minutes Continued. April 5, 1979 • 194
iECTION IV INTRA-DEPARTMENTAL TRANSFER OF A PRESENT COUNTY EMPLOYEE
A. For each vacancy, Pe...-rtrent Pr Js shall have their choice of any
present County wi:hin their department who meets all
of the following con. .i !
1. Has Merit System sttm, in a
the same or higher m-S..mum ;), step.
,a-r- Employ es cannot be ti. .• /r .d while serving a probationary
period r(sultin2 from • 1 ,, ,Dmpetitive appointment.
.• -lent a ne,„., 1 f. t ion from that
origia i• • -I would r, 7 new open
competItivo ,r1t-,;) The p. viions of this section
of the rule y 1 aived in the event of an imminent layoff.
Employec re-app.nted during their open competitive .
probationary period shrill. have their original appointment
date used for the purpoes of determining eligibility for and
computation of mire benefits.
-
TU. slattOLl . -f i u ;II- , „ -s v e- re- - rvirfn-. i-t -'--4---t-hni-
probn-t-no
transfPiled.
2. Meets at least the minimum qualifications for the classification
of the vacnncy as shown in the current examination announcement
for that classification, or if such an examination is not open,
the latest written specification for the classification.
3. The employee has agreed to transfer into the vacancy in question.
B. This section of the Merit System Rules shall not be interpreted
as applying to the reassirgnmeat of an employee s.J.4,-41.-t.-14.4. eae.-4epamelit
44 G c i4:-.147:4-i-g.4.4- or 44-. -Iwg.
eu-t4e 6
i$cLtiuu af -thr-13-e-ryaltet lbc-rnh.-1 with Merit Syztem status to any
similarly classified position covered by the Merit System within
that division or department. The reassignment of an employee is
defined as any position change, consistent with the employee's
current classification, between divisions within a department; or
.a change in assigned duties or position within a division consistent
with the employee's current classification. Such reassignments may
be made at the discretion of the Department Head.]
-St-crtoTr-V----Pfteill-SiON8E--APPAIN-T414:7\T (See new Section VII - PROVISIONAL APPOINTMENTS)
ItferiI571-terrR,.,nftrtimr,SI ,ti77,74/4-41,
ifiris flcce-srary ty fiH-7777c7si rr a I. crrrretirh-r e.,onr-irti-orm-Ite-liek17 ,1-694-4444o-to4444t,c
thc-,nini.m.nrn -t-0,1-1mnr14!-e- one non re-l-e-wfi4le--p-re-aigioual
uppy;o hF7rnt-fora77r,i00:vf-r7cr-m-orr-r511,,Ls-iximc.nrits
inHne+1444t.-4444441.4.41,4 .
rt"3494441/1744441.°41,7 419-01^f tf-r Pl-rt Ce-Ye t° pt-F-191-,Fite9tt-t1tt41-t=ttFIVV+Fit-V-tt-aiTt3t444.144FFtt -10
tht-Crytrirtr!Ft-rvt(T-7
rvd--Nris-rint *-c •Ft tvFF-Fvr Fttai-Ftt +OF 4 Ft
try--t pc-mit/1-01-r r-y- -Ft,"1 ft- FT, -rtr or-iv Ft rttFt1-91114 ti f--.4ye Pre- ti-S-44.
nronth—rm4rreiirrn-c-rt-mnr17-14nt,..rrrr=741--t-in t-pfe ft.4
.appLrinrct-nrriT:rr-rkrInn xn4tkurt-dcprrt-trIvirt
thr-open-1.7tnnprririrvc-xp-rnnua,nr-4mbi-co-mmrtor.:114-tbre-pro rtry
tfication with
Pro
Fritrd°.
26 Notice of so ; )ortunities mfly [shall] be distributed and posted
195
Commissioners Minutes Continued. April 5, 1979
V INTER-DEPARTMENTAL PROMOTION OF A PRESENT COUNTY EMPLOYEE
A. In filling a vacancy, Department Heads can elect to consider
eligible County employees from other departments to fill a
vacancy in their department 67 ea inter-departmental 1—omotion.
1. Such into - raal pi., -tional opportumt.c eel_ be
announced a?,. IJeecd o. tre Licial Personnel e ,,aent bulletin
board for minimum of se-, a calendar days, durin which time County
employees l•j cpress their interest by filing an application with
the Pe,iscs,,i Department within the specified time period.
Applicatic- received after the filing deadline will not be
considerea for the vacancy in question.
in location:• (;-,m•el :.propriate by the Personnel Department.
B. 'Appliclate for inter-departmental promotion must meet the minimum
qualifi t(''s for the classificetion, as shown on the current
announc.-‘•.I.. in addition, app ta must have Merit System status
in any cIL•fl ..fication with a :A_1;1 salary lower than that of the
classification of the position ir the department into which they are
interested in being promoted.
1. Defertment Heads may select any qualified person who applied
for the inter-departmental promotion.
2. Department Heads may request that an examination be conducted
by the Personnel Department to help select the best qualified
applicants. If such an examination is requested, Department
Heads must make their selection for interdepartmental promotion
from among the top five scoring applicants on this examination.
C. Employees acctpting an inter-departmental promotion will not be
considered A employees of their new department for six
months foil S the effective date of their promotion.
If, during th a time the employee's new Department Head does
not feel the eeployee's performance is satisfactory, the employee
shall be returned to his or her previous department without the
employee's consent or right to appeal.
1. If the employee's previous position in the department from
which they were promoted is yet unfilled, the employee will
be returned to that department and position in their previous
classification and salary step with full Merit System status.
2. If the employee's previous position has already been filled, the originating department shall be required to accept the
employee's return and remain temporarily overstaffed. The next
vacancy in the employee's original classification, or another
classification in the same series, will then automatically
be filled by the returning employee.
3. An employee returning to the department from which they were
promoted during this six month period may be assigned
new duties and responsibilities consistent with his or her
classification.
D. County employees promoted under this section shall serve a six
month probationary period before the promotion shall
be considered complete.
1. Promoted employees successfully completing their probationary
period shall receive regular Merit System status in the classifi-
cation to which they have been promoted.
The-
-do--rrot-
196
Commissioners Minutes Continued. April 5, 1979
2. Promoted employees fAling to u . ally coiliJete the ,•
probationary peri)d • :1 De demot•d to the hiO.- cl - i•
cation in which to ,y 1 .v • regular rit 5 y5t.,1 • tie
shall be returned to their previous department
earlier iL this Section, without the right of oppeal to the
Persomul nppeal Board.
E. After the ,..mpletion of this six month period, the
employee will r: 1 I permanent employee of the department
to wl-Cch th,/ ii t n .
• , ; .... t JIoiLLL,
t
EF. The employee must agree. to the interdepartmehtal promotion.
The employee's present Department. Uead mie“. h ;Lilted
regarding the promotion and must agroe to r II.',. transi-
tional terms and conditions of the promotion .e! _he action
can be effective. To ensure that interdepart lent. i promotions
do not result in excessive overstaffing or exnonse, the
Personnel Department must also approve such transactions.]
SECTION VI INTRA-DEPARTMWTAL PROMOTION OF A nESENT COUNTY EKPLOYEE
A. For each vacancy, Department Heads may promote a present County employee
from their Department who meets all of the following considerations,
1. Has Merit System status.
2. Meets at least the minimum qualifications for the classification
of the vacancy as shown in the current examination announcement
for that clasification, or if such an examination is aot open,
the latest written Specification for that classification.
3. -Ranks as one of the five highest candidates if a
promotional examination is given under Section VI,B,3a of the
Merit System Resolution.
4. Has agreed to the promotion into the vacancy in question.
B. County employees promoted under this section shall serve a
six month probationary period before the promotion
shall be considered complete.
1. Promoted employees successfully completing their probationary
period shall receive regular Merit System status in the
classification to which they have been promoted.
2. Promoted employees failing to successfully complete their
probationary period shall be demoted to the highest
. classification in which they have regular Merit System status,
without the right of appeal to the Personnel Appeal Board.
3. Promoted employees failing to successfully complete their
probationary period may be assigned their previous duties or new
duties and responsibilities consistent with their previous
classification in any division of their department that would
normally utilize that classification.
C. The provisions for temporary overstaffing, as provided for in
Section V,C,3,shall not apply to intra-departmental promotions
of County employees.]
1.
2.
197
Commissioners Minutes Continued. April 5, 1979
ECTION VII - PROVU F,AL APPOIN1ItENT
•Ay
amination
pro,.
A. ' is necessary to fill a it or' l• frl• a
•I d, a person can -i , or
. rig For ',11 pericC
If S riluSt be al:- rc
p ...tment Head and It o. 1 lh 1
snal
1 Co,....ttee for a final
:atment can be made when an eligible list is
rf ,.hat classification, or if the open competitive
f_urrently announced.
,opcc,ntees must meet the mini.,•um for
'a, as shor,ii on the current •.•;q1,1 S ...
or that classification, or if .-(11 n
tte latest written specificari., f,r the ,i ,i;cation.
B. To . a A, ' appointment to Count y e, a provi ion, I
A must open competitive essui:aation for the
c'• ation i question and rank in the top five to be imme.tr:.
cer 7.ified from the resulting eligible list and be selected by tt:
Dec ment Head.
C. -Pro.'Tioncl -,,n ott. fail in their attempt to pass the open
crf4A-1 e r ,n.t -it For the classification in question cannot
rl .um:.,•ent beyond six months from the d:••( -f
• a wciking days from the date that the ce;Wic,,tion
the Department. Head, whichever comes first.
D. Pro T., Vaal appointees who receive a regular open competitive
appointment to the position they held as a provisional apin
must serve a six month probationary period. However, all time
served as a provisional appointee in that classification '1 tn-S •
•t-jail count toward the probationary period, pro ..•ii ,,g there
is no tciak in service./
ECTION VIII PART-TINT tk.t. APPOINTMENT
A. DepartDt..lt 'leads can elect to fill a vacant position in their
department on a temporary or emergency basis by the appointment of
a part time non-elicihb. employee. This appointment is not to
exct , 1 total of 520 honts [in any 12 month period]. The appointing
-clepi:t,,11!. hall be re ..r1;ible for assuring, that part-time non-eligible
empi•-•• • are separatcc :ri ,r to exceeding 520 hours of work. Any part-time
non-elit 'ti. appointee r••• . s ru 520 hours shall be terminated immediately
by the ,,rsonnel Department.
B. Department Heads requesting to fill a position on a part-time
non-eligible basis must indicate on the Personnel Requisition the
number of hours per week and the work schedule of the position they
desire to fill on a part-time basis.
C. If an eligible list exists for the classification in question,
the Department shall first consider applicants from that list
who are interested in par-I-time non-eligible appointments.
1. Applicants for part-time non-eligible positions must meet the
minimum qualifications for the classification, as shown on the
current examination announcement for that classification, or
if such examination is not open, the latest written specification
for that classification.
2. No time served in a part-time non-eligible position will be
credited towards a probationary period.4.f--re-avi+e4mt-ed
198 Commisioncrs Minutes,Continued. April 5, 191/9
3. While applicants [persons] may receive MOTe than one part-time non-eligible
appointment, the total hours worked from all such appointments
may not exceed 520 hours in any consecutive 12 month period.
4. Persons appointed as part-time non-eligible employees will not
be eligible for any of the fringe benefits granted to permanent
employees, in accordance with the provisions of Rule 22J
TCTION IX PART-TIME ELIGIBLE APPOINTMENT
The Department Head may elect to fill a vacancy witha part-time eligible employee.
Such.appoIntments should be made only in those circumstances whore permanent
part-time help is required on a year-round basis for the most effective and
efficient utilization of personnel.
A. All such appointments shall be made from the top five applicants
on the eligible list who are interested in part-time work.
1. Department Heads requesting to fill a position on a part-time
basis must indicate on the Personnel Requisition the number
of hours per week and the work schedule of the position they
desire to fill.
2. The employee appointed in this manner shall be eligible for
fringe benefits in accordance with Rule 22.
B. A part-time eligible appointee shall serve a six month probationary
period in accordance with Rule 7.]
ZCTION X TEMPORARY CHANGE OF RATE
When a position becomes vacant in the Department as a result of military
leave, maternity leave, leave of absence without pay, etc., and where it
• is impractical to re-distribute the duties of the employee on leave; a
Department Head may request that a present employee from that department
in a lower classification, temporarily assume the duties of the employee
on leave. During that time, the employen filling in will receive a salary
at the base of the higher level classification, except in those cases where
this Would result in a decrease in salary in which case the employee would
be placed at the lowest salary step which would result in an increase.
Increased earnings resulting from a temporary change of rate, will not be
counted in establishing the base upon which a service increment is
computed. In order to be eligible for this temporary change of rate, the
employen temporarily filling in must assume all the duties of the higher
level vacant position.
A. Requests for temporary change of rate must be approved in advance
by the Personnel Department. Payment shall not be made to an
employee unless the temporary reassignment extends beyond 30 calendar
days. The Personnel Deportment will then authorize payment retroactive
to the first day of the temporary assignment.
B. No time during which an employee is being paid a temporary change of
rate may be applied towards a probationary period in the higher
classification.
C. A temporary change of rate may not exceed six months and may not be
renewed. j
(A
2(Ti a.,(
CO
•
the
or
(1:11, , , • .c.
. . app cur.: '0 8
sod
i by
th,• type of
D. That
up clot:
physZcal
up of a
shall be conducted and scored in an objective manner and may be made
• sts or oral toste or performance tests or personality evaluations or
to or into o0 a rating of pact experience and training, Or be made
o of such test,
199
Commissioners Minutes Continued. April 5, 1979
E. Ti zit be pub7cly announced at least seven calendar days' in aroance
of fcr filIng app'ications by means of an announcement posted on e
board in th( Cou:nty Personnel Offi.eo Odi.artment], by adverti. .ment
in ih ' -lounty published fl( ipapers with the largest County circulation and . such
otner it '; as the Personnel Lirector shall deem appropr-iate.
F. That w ' z notification hall be mailed to each qualified applicant at least five
ca7enc in adtanee of the examination, notifying him of the time and place of
a ef,•;ili
1. Feb pplicants shall be notified at the same time, giving the reasons for
1H(. • applicente shall have the right to first review thh apvlicatten with the
14e-44on[Departme.nt] and, if rot satisfied, to ap rejection to
tie )nnel Po4ciee Committee which shall have the power moerse, modify or
affi,w the Personnel Einaii4on-lo[Department's] action.
G. That all candidates shall be notified by mail of their examination scores and successful
candidates shall be given their ranking on the eligible list.
1. All c . ldctes shall have the right to first review their examle 'ion results with
the I .onnel Diois,:469n[Dopartment] and, if not satisfied, to an •1 the examination
re: i41, with the PersonneZ P64iei,os Committee which chali have go power to reverse
modif - or affirm the Personnel DivieionfDepartment's) action.
H. That in trw filling of a vacancy, County Department Heads shall have their choice of
the top five ranking persons on the.eligible list for the classification of the vacancy.
1. Eligible lists shall remain in effect for six months unless exhausted, superseded
by a new eligible list for that classification or extended for another six months
by the Personnel Poli,eoe Committee,
Section I DEFINITION OF EXAMINATION
A. Examination shall be defined to mean the total battery of tests and other selection
devices used to rank ail candidates for that particular classification during the
life of that examination_ Lin cases where a classification covers positions in more
than one division or where the class covers multiple positions which individually
require different skills, examinations may be specialized to measure those skills
required for the specific vacancy or area of specialization. Eligibility lists
resulting from such "Specialized Examinations" shall be used only to fill vacancies
requiring the specific skills tested.]
1. See Section VI, D of the Merit System Resoluti(
200
Commissioners Minutes Continued. April 5, 1979
2. See Rule 4 "Filling of Vacancies", When a varan( exlst in a elo-i• r n ion
which is one of a series of classes differe,t iv th, ‘.! t , ,nce
required and/or the level of skills measnred 1.t . ,t of
the examination, an list resuliing from a 1 1 , the
series may be n • ! . n appropriate eligible list fr .n which to fill vacancies
in a lower level LA.,. s in that series it
a. No eligible ILA exists for the lower level classification, and if
b. Certification is made from the top five eligibles willing to accept a
position in the lower classification, and if
c. The certified eligible is paid within the salary range for the lower
classification.
B. Each Merit System examination shall be given a number which shall identify that
examination from the date it is announced until the resulting eligible list has
expired, is superseded by the list of a succeeding examination or is combined with
the list of a succeeding examination. The examination may never be administered
if applicants are not forthcoming, may be given once or may be administered many
times over a long period of time, as the needs of the County Service dictate.
Section II PURPOSES OF EXAMINATIONS
A. Examinations shall be given to fill present or future vacancies in a particular
classification.
1. See Rule 4 "Filling of Vacancies".
Section III EXAMINATIONS WITH CLOSING DATES
A. Examinations may be announced with a definite announced period for the
acceptance of applications.
1. The last date for the acceptance of applications shall be clearly
stated on the official examination announcement and in the official
newspaper announcements of the examination. [There will be no
newspaper announcements for promotional examinations.]
2. This filing period shall be at least seven calendar days. (Section VI,
E of the Merit System Resolution.)
3. Applications must be received at the County Personnel Off4ee[Department
before five p.m. on the announced last date for filing applications, or
be postmarked on or before that date in order to be accepted.
Section IV CONTINUOUS EXAMINATIONS
A. Examinations may be announced as CONTINUOUS EXAMINATIONS with applications
being accepted until further notice.
1. The statement that applications will be accepted until further notice
shall be clearly stated on the official examination announcement and
in the official. newspaper announcements of the examination. [There
will be no newspaper announcement for promotional examinations.]
2. Continuous examinations shall be administered whenever sufficient
applications have been received and as the needs of the County Service
dictate.
3. Successful candidates on continuous examinations shall be added to the
eligible list resulting from that examination in order of their total
examination score, regardless of when they took the examination.
The certification of eligibles from eligibles lists resulting from
Continuous examinations shall be made from those on the list the
date the certification is made.
b. Ti
days aft,
of:
or (2)
[c.
ey A
fd
ti
the
(,(,b , attempt
he taken
of t1,
, and ninety c
can have his choice
ranked by the
C ination and
.rive at
cam, a
i•
or the
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4.
1.'pl3 ant
'g n ti
he
a and 1 ,
£ Ole
47---Cepdetes-tsteklug-the-ame-eent .inueus-e5.,a
thtee-timestate-gevesne4-by-Seetten-e -r-ehe
attemrt.
th'sci t ,fc-must
. i.hef-ef
( .1(••0 .Le takim the
_t I .ke LhC entir,
,y the highest of their examination
c fC -then
-sueeeeding
ti• cot se "
twe tat .1 e:(.
(1)
201
Commissioners Minutes Continued. Arril 19/9
[e. ,A candidate who chooses to review any portion(s) of his examina-
tion result: prior to retaking that portion of the examination
shall be by the above rules for retaking the examination
from the daj , ei the exam review instead of the date which the
exam was taken.]
B. Continuous examinations shall be closed by the posting of a formal
notice, signed by the Personnel Director, on the announcement of that
examination on the official bulletin board in the County Personnel
6ff+te [Department], at least seven calendar days in advance of the
last date for filing applications.
202
Commissioners Minutes Continued. April 5, 1Sj9
[Section V APPEAL OF APPLICATION REJECTION OR EXAMI ,,,ATIO,,, PFSULTS]
rt. P , 1°0. 1 " ( andiI fied with th IT .
dli cc 1 1 n ,1 to I t re. Alits with th, I • r . Inc
!,-lartment. .1 r r: t- r, view ri.ination result , m, de
within -I, 4 e116 1. m.-n ling of
results to th• ;-id . , • t wi th the Pe' - • •
explanation, c al li lt. -1. th i ion to the In( 1
Committee witl fi . •1,1, .r c. toll. flu -,:r.fiew with t IP -
Department.
B. Candidates wi h. , 0..1 application rejection or e:Tamination results
to the Persono 1 'L I. ii submit a letter to the Di ctor of
Personnel roe cc,.• fp, J. This letter shall (.nati,:.. the has for
the request and arr , tinA rationale . c, it i-r• lief sought.
The Personnel Dcp-r::.,n; -ill prepare d the candi-
date's in nnd r response t( ti, n .,1 Committee for
determination. The nr. t• sic III may rt itzase on the basis
of the written mater; 11( ic ii cu examina hearing./
RULE 6 - ELIGIBLE LISTS
(Reference to Section VI, H of the Merit System Resolution)
Section I DEFINITION
A. An eligible list is the list of all candidates who have taken and
passed all portions of an examit.ition, ranked according to their total
examination score, with the 11;,a. • , core being ranked as number one.
1. If the examination has a clo.•ing date, the nami . of all successful
candidates are placed on the eligible list r ---,,ttng from that
examination at one time and will retain thez ranking
throughout the life of that eligible list.
2. Successol candidates on continuous examinations shall be added to
the eli, ibis list resulting from that examination in order of their
total c•:il,rntion score, regardless of when they took that examina-
tion.
3. Candidates taking, continuous examinations under the provisions'
of Rule 5, IV 0.11. be ranked by the higher of the
resultir in; N.; . art..
B. The eligible li shall be pr by and kept at the Personnel
I4vis4en-ef-the-Beerd-04-7-A,a4 tc ,-e, [Department.] [The Personnel
Department has tbc final resp c bility for administration and
implementation (2J this rule iq i'dance with applicable provisions
of the Merit Sy I. a tulin , admin .trative guidelines as established
by the County FX• utive and personnel policy as adopted by the Board
of Commissioners.]
Section II USE OF ELIGIBLE LISTS
A. Section VI, H of the Merit System Resolution states in part, "That in
the filling of a vacancy, County Department Heads shall have their
choice of the top five rdnkinq persons on the eligible list for the
classification of the vacancy."
B. For the filling of a vacancy, the Department Head shall submit a requisi-
tion for an employee, on a form provided by the Personnel Divislen-ef-the
Beerd-ef-Au6iEers [Department].
C. If the Department Head has stated on the requisition that the position is
to be filled by an open competitive appointee, the Personnel D4k4sion
• (Department] shall issue a certification showing the names, ftdre.sse9,
phene-numhers-emei-vanking of the top five persons on the appropriate
eligible list.
2U3
Commissioners Minutes Continued. April 5, 1979
1. The certification of eligibles shall be made from those on '.he
eligible list on the date the certification is made,
2. A canvass of the eligibles on a list i. :,ade prior to certifica-
tion to determine current availabilit ibles interested in the
vacancy and work location of the pending c• rtification.
3. If any of the five certifiel ligibles b• come unavailable or unin-
terested in the vacancy i,. •• ti)n, it i , certification ha.• be,u
issued, an amended certilio.zoin an b.• ••, to maintain the ne,0 , •
of available eligibles at f ,ve.
[4. Eligibles may request to be considered for employment in
particular departments or work locations only] w4Oioilt
v201Miln7Th17-rn1ti.
Section III REMOVAL OF NAMES FROM ELIGIBLE LIST
A. Names shall be removed from eligible lists for the following reasons:
(Eligibles removed from the eligible list for reasons other than 1 and 2
below shall be so notified by certified mail, return receipt requested,
giving the reasons for the removal.)
1. Having been appointed to a County position in the classifications
of the eligible list. The above names shall also be removed from
the eligible lists of alt lower paying classifications on which
they may appear.
2. At the request of the eligible.
3. Failing to pass the Pre-Employment Medical Fx3iHnation.
4. Declining employment on two occasions after 1(•t an
appointment and accepting it.
5. Twice failing to appear for employ=nt interviews with departments
after having aRreed to appear at specific times and places [without
notice of cancellation or evidence of attempting to reschedule such
appointments.]
6. Being unavailable for employment interviews with departments during
normal County working hours on three separate occasions, except for
reasons of personal illness,
el.--El+gbletk-mfty-reflees-to-be-eens7idefed-fer-empleymen.t
part4eu+ef-dererent9-er-week-4,oeften9-on4y7-witiieut
violo“ng-th4,s-rm4e7
7. Being unreachable at the address 0.v.'r by the eligible as evidenced
by tilt.ee-unt9teeesf-e+-ettteeirs--,-=.-e-retelfn-feee-tetv ,tesefiT
erver-e-spen-ofentie9t-en-,eertr-wef4-1 fan unsuccessful attempt b7
mail, return receipt 1-(1.-Fed or taLinre to respond to •'tilled
letter witnessed by a ii return receipt. if this lcitee remains
unclaimed after 30 day from the initial mailing, a second letter
shall be issued to the applicant formally advising them thu . their
name will be removed from the eligible list unless the Personnel
Department is notified by the eligible of their continued interest
and avallability,! Durilw the period while the eligible is
unreachable, the-name-km4+-e-ni=.reci-i7a-mak-ing-eertiiereet+ens
[they shall not be considered for certification.]
B. Names may be removed from eligible lists for the following reasons:
(Eligibles shall be so notified by certified mail, return receipt
requested, giving the reasons for the removal.)
1. A provable falsification on the eligible's application.
Commissioners Minutes Continued. April 5, 1979 204
2. Documented evidence that the eligible has been found guilty of a
felony, a crime of moral turpitude or has received a. dishonorable
discharge from the .red Forces of the United States.,
3. A document( n1 ut.:•at I " a crry work r r I reported by a previous
employer dur 1 •.. r -once invest ion [or from previous
unsatisfactory si .e with the Cow t y.)
4. Documented evidence that the eligible suffers from mental illness of
a type which would render him unsatisfactory in the classification
of the eligible list.
RULE 7 — PROBATIONARY PERIOD
(Reference to Section VI, I of the Merit System Resolution)
Section 1 WHO MUST SERVE A PROBATIONARY PERIOD
A. Employees who have received an open competitive appointment to a covered Merit System position.
B. Employees having regular Merit System status, who have been promoted to a classification with a
higher maximum salary. (See also rule 4)
C. Former County employees who have been re-employed in a covered Merit System position under Rule
4.
Section 11 DEFINITION OF PROBATIONARY PERIOD
A. The probationary period shall be a six month trial period immediately following an employee's open
competitive appointment, promotion or re-employment, under Rule 4 with the exceptions noted in
Section IV, A, below.
B. The probationary period is a continuation of the selection, promotional or re-employment process and
the appointment, promotion or re-employment is not complete until the emloyee has successfully
completed the probationary period.
Section III EFFECT OF PROBATIONARY PERIOD ON AN EMPLOYEE
A. During the probationary period following an open competitive appointment or re-employment. *an
employee does not have regular Merit System status and does not have the right to appeal a dismissal.
suspension or disciplinary action to the Personnel Appeal I3oard.
B. During a probationary period following a promotion, an employee does not have the right to appeal a
demotion, to the highest classification in which he has regular Merit System status, to the Personnel
Appeal Board.
Section IV LENGTH OF PROBATIONARY PERIOD
A. The probationary period shall begin on the effective date of the appointment or re-employment and
shall end on the same date of the sixth month in the future except time in the following categories will
not count towards the completion of the six month probationary period:
I. All time spent in training after initial appointment providing the training is:
a. Required by a higher governmental authority.
b. Outside the County's jurisdiction under the Control of an agency qualified to provide the
training required.
c. More than 14 [consecutive] day s of actual instruction,
2. An time spent on authorized leaves of absence without pay when such leaves are in excess of 14
(consecutive] work days.
" Section 11, A, amended by Board of Commissioners Miscellaneous Resolution No. 7979, May 19, 1977,
amendment effective June 19, 1977.
" Section IV, A, amended by Board of Commissioners Miscellaneous Resolution No. 7979, May 19, 1977,
amendment effective June 19, 1977.
205
Commissioners Minutes Continued. April 5, 1979
B. Provisions it n :V, A. 1 an sh-.11 only rev non-represented employees and to represented
employee . r 3gre th,.! addition of this benefit,
C. The prohation„r f period resulting Ital , premotions within the employee's department shalt begin on
the effective date of the promotion, shall end eon the same date cif the sixth month in the future, and
shall not be subject to the pro \ ISiOns of Section IV, A. I and 2, of this }(r l
Subject to the limitationsof Section IV, A. I and 2, when the startinj*, date is the last day of the month
and the sistir month has fewer 'Bays. the last day of the sixth month shall bc the probationary period
completion date.
Section V NOTIFICATION
A. The Personnel Department shall notify both the employee and his Department Head, in writing, of the
starting of a probationary period.
B. The Personnel Department shall send a "Mid-Probationary Period Report" form to the Department
Head at three months. This Repor t shall be completed , discussed with the employee
and re.turned to the Personnel Department prior to the beginning of the 4th
month of the probationary period , ]
C. The Personnel Department shall send an "End of Probationary Period" notice to the Department
Head after five months. The Department Head shall complete this notice, [discuss it
with the employee,] and return it to the Versionnel Department before the six
month probationary period Is over.
D. If the employee is not separated or demoted, depending on the type of probationary period, he/she is
deemed to have successfully completed his/her probidionary period.
iection VI EFFECT OF A PROVISIONAL APPOINTMENT ON A PROBATIONARY PERIOD
A. Time spent in a provisional appointment in the same.'elassification and department and immediately
prior to receiving an open competitive appointment to that classification and department, shall be
considered as time spent under the probationary period of that appointment.
"SectionVII EFFECT OF PROBATIONARY PERIOD ON EMPLOYEE. APPOINTED FOR TILE LIFE OF A
FEDERAL, STATE, LOCAL OR OTHER GRANTOR CON 'TRACT
A. Employees appointed under the Merit System to fill a position funded by a special grant or contract
program, who have successfully completed a six month probationary period while in grant or contract
funded employment shall be granted Merit System Status only for the following purposes:
I* For the time the position continues to he funded by the Grant or Contract.
2. To qualify for re-employment rights under the Merit System Rule 12.
't 3. Transfer to regular Merit System status when and if the Grant or Contract position is converted
to a County budgeted position.
4. To transfer to regular Merit System status when and if the employee is transferred to a County
Budgeted position.
*Section IV, B, C and D added by amendment of the Board of Commissioners in Miscellaneous Resolution No.
,e 479. May 19, 1977; amendment effective June 19, 1977. •
11',....ction VII added by amendment of the Board of Commissioners in Miscellaneous Resolution No. 6653, April
5, 1974; amendment effective May 6, 1974, •
Commissioners Minutes Continued. April 5, 1979
RULE 8 - • DISCIPLINARY ACTIONS
(Reference to Section VI, K of the in Resolution)
That a formal appeal prc h. de toped gluing employees with . Idihr !atlas the right to
appeal dismissals, suspension: clumoi.,o,,, and disciplinary actions h• a I, n orate( Appeal Board
which shall act as the final onnty appeal body in matters of dismissals, suspensions, demotions
and disciplinary actions Inc king cosered County employees and departments and whose decisions
shall be binding on such employees and departments.
Section I TYPES OF DISCIPLINARY ACTIONS
A. Oral Iteprim
This is an action taken by a Department Ilead in which he tells an
employee about an action or behavior of the employee which he, as the
Department Head, finds objectional or wishes corrected.
B. Written Reprimand
*1. This is an action taken by a Department Head in which he writes out the
action or behavior which he wishes the employee to change, cease or
begin. The Written Reprimand will describe in detail the behavior to be
corrected, and will give direct and concrete orders for the future and will
point out the conspquences of repeal nip the actions which brought about.
the Written Reprimand.
2. Written Reprinn mds must be given on forms provided by the Personnel
Division and in be presented to the employee in accordance with Sec-
tion II of this rule.
C. Withholding a Merit Salary Increase after the Prerequisite Length of Service in the
Classification 11a.-; C:or:Lnr,t,,c1
Merit Increases in salary are given after the passage of a certain amount of
time in the employee's classification and on the recommendation of the
employee's Depatunent Head. (See the County Salary Schedule for the
time intervals between Merit Increases for the various classifications.) See
also Rule 2, Section VI.
2. Merit Increase forms are prepared by the Personnel Division and sent to
the Department Ilead prior to the effective date.
3: A copy of the disapproved merit increase form, with the Department
Head's comments, is presented to the employee in accordance with Sec-
tion II of this rule.
D. Suspension Without Pay
This is an action taken by a Department head which removes an employee from
employment in his department and from the County payroll for a definite period of
time.
1. This action does not require the employee's consent to place him on such
a Leave Without Pay.
2. The employee does not accrue salary, Annual Leave credit or Sick Leave
credit, during the time he is suspended, nor can he use such time while on
suspension.
3. At the end of the suspension, the employee shall be returned to the
payroll at the same department. classification and salary as when he was
suspended.
. 4. Suspensions Without Pay must be given on forms provided by the Per-
sonnel Division and must be presented to the employee in accordance with
Section II of this rule.
1 Section 1, Subsection - B. 1 amended by Board of Commissioners Miscellaneous Resolution No,
5716, May 20, 1971; amendment effective ,lune 20, 1971.
1.
1.
206
Dern o ti r)r-1 E.
I iy a Department !load wh ich olin an employ ee's classifi-
.t. n with a lovier rhashinum salary.
This is
cation
1. The er,i
classif,
hid.•r
whit
safsrY '1 ii. the
I v. step Oi .. Cs 11 h the
.:ion I.-
tI a.;.
`",c °1-s' new
the
• - • o in
aid must be tech 11 so thoi,e of the
3. The reasons for tie demotion must be given on the demotion form.
2. The
los-er Cl
207
Commissioners Minutes Continued. April 5, 1979
4. Demotions mo o given on forms provided bv the Personnel Division and
must be presented to the employee in accordance with Section II of this
rule. .
F. Dismissal
This is an action takei by a Dep,u-tment Head which permanently removes an em-
ployee from employment in his department and from the County payroll. (See Rule 9,
"Separations")
Dismksecl employees need not be kept in employment or be paid for any
time after the completion of their normal working ci ry on the date they
are dismissed.
2. Dismissed employees shall be treated the same as employees separated for
reasons other than retirement, in the matters of paying, for unused
accumulated Annual Leave, Compensatory Time and unused Sick Leave
accumulation,
3. Dismissals must be given on forms provided by the Personnel Division and
must be presented to the employee in accordance with Section II of this
rule.
Section II l'41ETHODS OF NOTIFYING AN EMPLOYEE OF:
Written Reprimand
Withholding of Nlerlt Increase
Suspension Without Pay
Demotion
Dismissal
A written notice of the action, giving specific reasons for the action and
the effPctive dates and conditions of the .action, must be signed by the
Department II id or his authorized subordinate and be presented to the
employee in perscm by the Department Head or his authorized sober-
dinate,or else sent to the employee's last known address by registered mail,
restricted delivery, with return receipt requested, on/or prior to the
effective date of the action.
If the written notice is 'presented in person, the employee
should sign all copies to acknowledge receipt. If he refuses,
the presenter should note it on the form.'
2. The written notice must be on 'official forms made available by the
Personnel Division.
Such forms shall have the rules covering the method of
appealing such an actions either on an attached sheet or
imprinted on the reverse side of the official notice.
3. A copy of the writtemnotice shall be retained by the department and four
copies shall be forwarded to the Personnel Division where a copy shall be
made part of the employee's file arid record of employment.
1.
A.
1.
a.
a.
208 - Commissioners Minutes Continued. April 5, 1979
*Section III DISCIPLINARY ACTION MUST BE FOR "CAUSE"
An employee shall rer ,'
withholding ef a 1-1( ti•
for a specific clearly
with particularity the si ilic
reason or "cause" for a diSCIplin:
the following kinds of conduct.
actior , whether an oral reprimand, a written rhpr nd, the
without pay, a demotion, or a i i, only
Th department shall clearly spr.rat,i it. I identify
. for the disciplinary iietion taken. An ; 'equate
iwtion shall include, hut not necess;trily he limited to, each of
Conduct or performance on the job which, indicates a lack of ability to adequately
perform the duties of the position or classification held by the employee.
Conduct or performance on the job which indicates a failure to produce the quality of
work the position or classification requires.
3. Conduct or performance on the job which indicates a failure to produce the quantity
of work the position or classification requires.
Section III amended by the Board of Commissioners in Miscellaneous Resolution No. 7510, April
13, 1976; amendment effective May 13, 1976,
Conduct or performance on the job which demonstrates insubordination, which is
defined as a refusal to follow appropriate written or oral procedures, instructions, or
directions from a supervisory employee or Department Head.
The solicitation or acceptance of money or anything of value to influence the decisions
of an employee in public matters or as a reward for such decisions.
6. Being under the influence of alcohol, narcotics or any other controlled substance while
on the job.
7. Conduct or performance on the job which demonstrates a deliberate attempt to cause
poor morale or disrespect among County employees by actions or attitude on the job.
8. Verbal or physical abuse, or improper treatment of an inmate, patient or client of any
County institution or department.
9. Habitual or excessive tardiness in reporting for scheduled working hours.
10. Being absent from a scheduled work assignment during working hours without per-
mission from an authorized supervisory employee or Department Head.
11. Stealing, misappropriation or conversion of County property or the property of other
employees or inmates, patients or clients of any County institution or department.
12. The willful violation of any reasonable departmental or County rule or regulation
which has been adopted in written form and is known, or reasonably should be
known, to the employees involved.
13. Has engaged in political activities restricted under Section VI. Subdivision I. of the
Merit System Resolution and Rule 19 of these Merit System Rules.
14. Has willfully failed to pay personal bills to the point that creditors garnishee the wages
or salary of a County employee and cause a burden on the County.
15. Personal appearance or lack of cleanliness while on the job which exhibits symptoms
of a lack of hygiene bringing unpleasantness to clients of the County or other County
employees.
16. Reporting for a scheduled work assignment in clothing or other aspects contributing to
appearance, which an authorized supervisory employee or Department Head has reason-
ably advised the employee is not acceptable or appropriate for the work assignment or
duties performed by that employee.
1.
4.
19. tf- air
209
Commi•ssionors Minute, Continued. April 5, 1979
17. Has been convicti d of a felony.
•18. Has been (in •.,•.,d of a misciernei 0 r involving moral turpitude or casting doubt on the employee's I .1`,.• 1.:ope!: • k • his Job.
. • -11 --ti-rc-r(irrrm.r.,,Tr-irtr ar4stigrrit(i-.
rendettawnhriTt - ff • :tic. T-Tnfsthe
iN--h--tfiers-th a" " • • • • -giii-ii,saleertisi7rdl -tsi - - -Ow
ris •-• • ! t • • • a-
cersa.st-s-a• sfi(virsieNs• - • Arrs c1-5 rrtrec^-br
[If as empl-yee has hc,a clisred with the commission of a felons or a
misdemeanor involving moral turpitude casting doubt on his ability
to perform his jobJ
20.
sersymndrd-r- • r.--:...:177,--/71-717.7hr17.--.-c-:.11-1-d-r:vi.•• • -
the-tb • a r-a-rrabrtrr-mrctar
.r Ity,llethel 1 . g-ct nn rr.,c-t-s-arrtri-rt-on-the
ability-o-f- lc' eryae- i:crpmtd ad hrsjTATand•it'hcr -sn-dr-termalk!s,-snt-h-rtrathrt-t-siratt-
CCSITSttrat -c.: . • for-nrirsr-rsit.7,-,-ar.;-,-1,11-a:fry-A-cri-Olv.-A-rty-sactr-tttaprmtmatzsir -raa-sr-ty
[Assigning om tim , to oneself or to other employees without proper
appro.,. .1s . . . ! .1 , with County overtime procedures and/or
,.• •. . and incurring cost: for the County where
aspch e: was not assigned or approved in accordance with County
overtjne procedures.]
IN ADDITION, DISCIPLINARY ACTION MAY BE TAKEN FOR REASONS OR "CAUSE"
SPECIFICALLY DEFINED BY THE DEPARTMENT OTHER THAN THOSE LISTED HERE.
MERIT SYSTEM RULE REVISIONS
SUMMARY - Ruus 1 THROUGH 8
The following summarizes changes recommended by the Rules Subcommittee.
Rule 1 - Coverage of The Merit System
Major changes recommended in Rule I include:
1. (P. 1 of 3) Titles changes approved by the Board of Commissioners
for positions excluded from the Merit System automatically become
revisions to the list of exclusions in Rule 1.
2. (P. 2 of 3) The Subcommittee concluded that the following positions
do not appropriately fall under any of the exclusion provisions of
Rule 1 and, therefore, cannot be excluded from coverage Under the
Merit System:
Assignment Clerk
Court Clerk II
Court Clerk I
Research Assistant
3. (P. 2 of 3) Changes regarding classifications under the Prosecuting
Attorney are simply the result of title changes consistent with
item 1. above.
4. Notij th.
to wh ,
•Aut
it :y
C i l in -F
Commissioners Minutes Continued. April 5, 1979 210
r i
s,at thi io
e. 1 1 .[. 1 ..0 • . c •L ye. Ef cl I.-a
provi. . • .I . I I
every [ •,a a a • 1 1 1 j.c.t. to exclusie from
the Merit Sc 1, r. to to.';'_ irit and intent stated to the
Merit Si, •f su - on
Rule 2 -
Several of rac .
language
Major changes inclu A!
commended in Rule. 2 are minor title changes or
1. (P. 1 of 11) Ell . 'cc of the Jaau 1 1 C.aadline regarding the
publication of C [c ity salary e u , In the last five years
new salaries h.s, - pproved elthas too close to he January 1
deadline, occa!ion.iiy 'Act- the deadline, making this requirement
impossible to ai ,onul ! .
2. (P. 1 of 11, Section V, B.) Clarification of the requirements which
justify starting a new employee at any step other than the base rate
of a classification. Previous language was vague and subject to a
variety of interpretations.
3. (P. 2 of 11) The Subcommittee considered significant changes in the
policy regarding Merit Increases. However, no recommendation is
presented here as the subject is currently an issue in collective
bargaining.
4. (P. 3 of 11, Section VII, C.) Recognition of current practice regarding
computation of service increment and temporary changes in pay rate.
Additional language recognizes the potential for innovation in the
area of incentive compensation but excludes such innovations from
the base on which service increment is computed.
5. (P. 3 of 11, Section VIII) Consistent with overtime controls recently
endorsed by the Board of Commissioners, language was added to this
section requiring overtime to be authorized by a designated agent
of the County Executive.
6. (P. 4 of 11, Section VIII, A.4.) Clarification regarding the amount
of time required to be worked by part-time employees before work can
be considered as overtime.
7. (P. 4 of 11, Section VIII, 8.1.d.) Recognition of additional deputies
to elected officers as excluded from all overtime consistent with
actual practice.
8- (P. 5 of 11, Section VIII, B.1.e.) Eliminating reference to the Federal
Fair Labor Standards Act of 1938, which is no longer applicable to
Counties.
9. (P. 5 of 11, Section VIII, B.2., 8.3.) Language clarifications.
10. (P. 5 of 11, Section VIII, B.4.) Introduction of a definition for
the term "Exceptional Overtime" to commit to policy a long accepted
actual practice not previously addressed in the Merit System Rules.
This recommendation is consistent with approved overtime controls.
11. (P: 6 of 11, Section VIII, C.3.) Deletion of reference to the
Federal Fair Labor Standards Act of 1938 no longer applicable to
Counties.
211
Commissioners Minutes Continued, April
12. (P. 6 of 11, Sect) a IX, A.1.a.) ClarlfI to.. L•tbility for
"Night Shift • v.. Previous 1 •.1,. , • ' t. but too
confusing.
13. (P. 9 of 11 and 10 11, FA-.-lons and .(i) PL ,i ,tered
Engineers and Land Surve ,,cis t n • ti cci tonal
registration bonus an to ,e• • Iii tI •t h is ti ,
have been pertodicall •i ih -( a, th t .c t, r
previow_ pclicy ac-.0.7( d the initiation of a his or the e •id •L:e
of ..tion
14. (L. . 11, Sect , T 3.2 b. Changes feu -ing a more equitable.
lI paying en,J( is at g cl uuring their
• f last weeks ol . •, ••:f .• Oe. t • ::_re discussed.
A not 1, no recommendati 1 1. m. I C c u a the issue is subject
to collective hargi .ning,
15. (P. 11 of 11, , t 1 • (,II) Elected e'fi u-e already on a
calendar basis -T:1,t Elan a delayed Li-. 'kli basis by law. This
change simply tal account all oth. r County officials who
may ky law be is , .,• . t 1. i .1 on a calendar basis up to the
day they recei ••• ..r paychecks.
16. (P. 11 of 11, Sectioa '(VI) The Good Friday adjustment has already
been dcleted by Board action.
Rule 3- Clr.• is 'lap
1. (P. 1 of 3) (d it updates on title .rse,:' el Depa,•ment
instead of , i• 0 i un Personni . o.
Personnel tr:. • C. and County . • -L-1 hoard
of Auditor E' ) n, •;( iarifications• and -..tion of actual
practice rE tat ., establishing, classif :atioub.
2. (P. 2 of 3) 'at:ions cl d tt( ::(1 reclassi-
fications ,J1d k ti " r( , s:1 s in an
attempt is. •.. 1 • " • •It • , Additional
e. rul b.n,( f tmns twt. determined
to be sabj. .1 :al' 1.‘•
3. (P. 3 of 3) Updates on. dp..rtmental and C i,imitt I ti. , grammatical
changes and codification of past practice in computing service
increment on actual salary being paid (in reference. to downward
reclassifications with corresponding decreases in salary).
Rule 4 - Filling of Vaodn. :•
1. (P. 1 of 9) Lan:ma:o clE • tion, simplification and codification
of past practice Dr which r , Merit System licy has been
f(• dal:zed (i.e. Personnel LeTartment respon! for administering
Me it !ystem policy regarding filling of vin
2. (F. 1 of 9, Section I, 8.3.) Elimination of unnecessary processing
and loss of accumulated benefits for empl ,' ( 'epting an open
competitive appointment in a different d,p if. conditions are
• consistent with other provisions in this rul, relative to transfers
or promotional transfers.
3. (P. 2, 3. 4. 5. 6 & 7 of 9) Redefinition of promotions and transfers
to address "Inter" (between departments) and "Intra" (within 7
department) departmental promotions and transfers of employ, in
the County service; to promote movement or employees witni,
between departments and to create protection for department ccepting
transfers and pormotions of employees from other County Dep; rtments
to encourage such movement. Current experience is relatively little
movement between departments due to lack of flexibility in the
current rules.
212 Commissioners Minutes Continued. April 5, 1979
4, (P. 7 1 T istonal Apprr;,,i s ,nt provision comp ,- rly -?.drafted
to ,tt n past p. -nd to make this • ' ,on
ith other pro-v _t 4 in Rule 4.
5. (P. 8 1' ,liOJ.3 VIII, , ld X recommended in the absence of
any cb [011 1 4.1 rl, 2rit System rc ,ltive to P.T.
eliftbi. .; C .on-1 1 H olutments al. • .,emporary change
Of 3 .ff f ' icible al ,•.-e:igible
1 nts for ,4(11 pp. intments. It
als.) t t mpox k, c.f rate p; ii7y for non-union
emp -11 lycrnowl label agreements.
Rule 5
1. (P. c. 5) committee and Departmental title upd
2. (i 7, of 5, Section I, A.) Recognition of the neee for "Specialized
F ,iiiaations" to be used in testing for special si4ills in classifi-
(,,,_ions covering large number of positions and limiting the resulting
eligible lists to be used only to fill vacancies requiring the special
skills.
3. (P. 3 of 5) Excluding promotional exam announcements from the requirement
to publish exam announcements in the two largest circulating newspapers
in the C unty. The requirement serves no purpose in that promotional
exams .ire limited to persons already employed by the County and working
in arc— whE.-e. exam postings are normal practice. The cost of publishing
such auueuncements is not justifiable.
4. (P. 3 and 4 of 5, Section IV) Clarifies when examinations may be retaken
and the effect of reviewing examinations relative to subsequent retaking
of the same exam.
5. (P. 5 of 5) Clarifies appeal of examination results procedures.
Rule 6 - Eli:ible List
(P. 1 of 3, Section I, B) Clearly identifies Personnel as responsible
for the administration of eligible lists, in accordance with Executive
guidelines and Board of Commissioners policy.
2. (P. 2 of 3, Section II, C.4.) Allows persons on eligible lists to be
selective as to employment in particular departments and work locations
without jeopardy relative to their position on the eligible list or
remaining on the list if an offer of employment is refused. Requires
eligible to give notice of request to be considered only for employment
in a specific department or work location.
3. (P. 2 of 3, Section III, A.7.) Further clarifies notice to eligibles
for determination of their employment status or continued interest in
remaining on an eligible list.
4. (P. 3 of 3, Section III, 8.3.) Adds "unsatisfactory service with the
County" as an additional reason for which names may be legitimately
removed from eligible lists.
Rule 7 - Probationary Period
1. (P. 1 of 2, Section IV, A.1.c. and Section IV, A.2.) Clarification
regarding the number of days away from the job for training purposes
or on leaves of absence without pay before accumulation of credit
towards the completion of the probationary period is suspended.
2. (P. 2 of 2, Section V, B. & C.) Establishes management/employee
communication and deadline requirements relative to processing
"mid-probationary" and "end of probation" notices.
1.
•m-1 . I . • •
-tin.
Aft A
P IT
. ion i..;11.
IL un ci 1 h t til
tz __• 1 t ef Rule 8 in h C. al-
• ci i T. Hit T, or chal.1 -:
Tp, •
An art:f
certa_n
a corej
such t.
this. C.
213
Commissioners Minnte• .tinued. 7pril 5, 1979
Rule 8 -Dl
This ' the SIEbcc ars. ttee. The chanhes
E
Moved by cDon su -; ,rted by Price the resolution be adopted.
Mr. McDonald recTiested a Public Hearing be held on May 17, 1973. at 10:00 A.M. There were
no objections.
Misc. 8901
By Mr, McDonald
IN RE: 1977 -1980 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 804, NATIONAL UNION OF POLICE
OFFICERS, SEIN, AFLTCIO
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff Department, the County of Oakland and Local 804 of the
National Union of Police Of'ficers, SEIU, AFL -C10, have been. negotiating a contract covering ten
(10) Command Officers of the Oakland County Sheriff Department; and
WHEREAS th- k ; ,in ,ng between the parties has reached an impasse requiring the at
of a State of Mi n , diator; and
WHEREAS the Stir : Mediator has prt;nsed a four year agreement for the period, January 1,
1977 through December 31, 1980, which ha ben reduced to writing; and
WHEREAS said Mediator 's proposal I been reviewed by your Personnel Committee which
recommends approval of the proposed agreement,
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the Oakland County Sheriff
Department, the County of Oakland, the Command Officers employees, and Local 804, National Union of
Police Officers, SE U, AFL -C10, be and the same is hereby approved; and that the Chairperson of this
Board, on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a
copy of which is attached hereto.
The Personnel Committee, by John J. McDonald, Chairperson, moves the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
THE COUNTY OF OAKLAND
THE NATIONAL UNION OF POLICE OFFICERS, AFL-CIO
SHERIFF DEPARTMENT - LIEUTENANTS AND CAPTAINS
Collective Bargaining Agreement
1977 - 1980
AGREEMENT
This agreement is made and entered into on this day of
A.D., 1977, by and between the Oakland County Sheriff and the Oakland County I. xcl of Commissioners,
hereinafter referred to collectively as the "Employer ", and Local 804 Nationa ' Union of Police
Officers SEIU, AFL -C10, hereinafter referred to as the "Union ". It is the de ire of both parties
to this agreement to continue to work harmoniously and to promote and maintain high standards, between
the employer and employees, which will best serve the citizens of Oakland County.
I. RECOGNITION
The Employer recognizes the Union as the exclusive representative of the Lieutenants
and Captains of the Oakland County Sheriff 's Department, for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment and other terms and conditions of employ -
ment, in the following bargaining unit for which they have been certified, and in which the Union
is recognized as collective bargaining representative, subject to and in accordance with the pro -
visions of Act 336 of the Public Acts of 1947, as amended.
All employees classified as Lieutenants and all Captains of the Oakland County Sheriff
Department excluding all others.
II. MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline, and to maintain discipline and
efficiency of employees, is the sole responsibility of the Employer except that Union Members shall
not be discriminated against as such. In addition, the work schedules, methods and means of depart -
mental operation are solely and exclusively the responsibility of the Employer, subject, however,
Commissioners Minutes Continued. April 5. 1979 214
to the provisions of this agreement.
111. DUES CHECK OFF
(a) The Employer agrees to deduct the union membership initiation fee and dues, once
each month, from the pay of those Employees who individually authorize in talting that such &lotions
be made, All authori`zations delivered to the Employer prior to the first day of the month shall
become effective during that succeeding month. Check-off monies will l• chdoct,d from it., •.,011,I
paycheck of each ninth and shall he remitted together with an itemized sr it to the luc-1 tm•asurer,
within fourteen (14) days after the d(ductions have been made.
(b) An employee shall t) be subject to check-off deductions beginning with the
month immediately following the month in which he is no longer a member of the bargaining unit. Any
employee may voluntarily cancel or re foke the Authorization for Check-off deduction upon written
notice to the Employer and the Union during the fifteen (15) day period prior to the end of each
calendar year
(c) The Union will protect and v - harmless the Employer from any and all claims,
demands, suits and other forms of liability by r .on of action taken by the Employer for the purpose
of complying with this section.
IV. BASIS OF REPRESENTATION
Section 1.
There shall he one steward and an alternate steward. Stewards will be permitted to
leave their work, after obtaining approval of their respective supervisors and recording their time,
for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting
to the grievant a change in status of his grievance. Permission for stewards to leave their work
stations will not be unreasonably withheld. Stewards will report their time to their supervisor
upon returning from a grievance discussion.
The privilege of stewards to leave their work during working hours, without loss of pay,
is extended with the understanding that the time will he devoted to the prompt handling of grievances
and will not be abused, and that they will continue to work at their assigned jobs at all time except
when permitted to leave their work to handle grievances.
Section 2.
There shall be a grievance committee consisting of the two members of the unit to be
selected by the Union and certified in writing to the Employer.
The Employer shall meet whenever necessary, at a mutually convenient time, with the
union grievance committee, The purpose of grievance committee meetings wil! be to adjust pending
grievances, and to discuss procedures for avoiding future grievances. In addition, the committee
may discuss with the Employer other issues which would improve the relationship between the parties.
V. GR1EvANCE PROCEDURE
The Employer and the Union s,upport and subscribe to an orderly method of adjusting
employee grievances. To this end, the Employer and the Union agree that an employee should first
bring his problem . or grievance to the attention of the Sheriff or his designee with or without his
steward within 5 days of the occurance, who shall attempt to resolve the or informally.
Dismissals, susnensions, demotions and disciplinary actions of any type shall not be a subject for
the grievance procedure hilt shall he processed according to the procedures of the Per Appeal
Board.
Step 1.
If the grievance is not settled informally, it shall be discussed with the steward and
shall be reduced to writing, signed by the grievant and submitted to the Sheriff or his designee.
Step 2.
The written grievance shall be discussed between the steward and the Sheriff or designee.
The Sheriff/designee will attempt to adjust the matter and will give his written decision within
five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written grievance.
Step 3
Any grievance not settled at Step 2 may be submitted to the next meeting of the grievance
committee. Any grievance not submitted to the next grievance committee meeting, by written
notification to the Employer within five (5) days of the immediate supervisor's written decision,
shall be considered dropped.
Any matter not settled in Step 3 of the grievance procedure may be submitted to final
and binding arbitration by either of -the parties. A request for arbitration must be submitted by
written notice to the other party within fifteen (15) days after the grievance committee meeting.
Expenses for arbitration shall be borne equally by both parties.
If the parties fail to select an arbitrator, one will be selected under the rules of
the Michigan Employment Relations Commission.
The arbitrator shall have no power or authority to add to, subtract from, alter or
modify the terms of this Agreement, or set a wage rate.
Any grievance not appealed from a decision in one of the steps of the grievance
procedure, to the next step as prescribed, shall be considered dropped and the last decision final
and binding, except that time limits may be extended by mutual written agreement of the parties.
VI. BULLETIN BOARD
The Employer shall assign space 'or a bulletin board which shall be used by the Union
for posting notices, bearing the written approval of the President of the Union local, which shall
he restricted to7
215
Commissioners Minutes Continued. April 5, 1'179
(a) Notices of Union recreational and social affairs;
(b) Notices of Union elections;
(c) Not of Union appointments and results of Union elections:
(d) Notices of Union Meetings;
(e) Other notices of bona fide Onion affairs which are not political or libelous in
nature.
VII. SENIORITY
Employees covered by this Agreement shall acquire seniority by working si;: (6)
continuous Months in the unit, in which event the employee's seniority will date back to •1,
fI r into the 1. -r t- ,t, When the employee acquires seniority, his name shall b. d
thr .iiority list, in the order of his i:ieniority date.
A 1 , t be furnished to the Union eb,iery .six (6) months.
A . •i L'se his seniority for the to 10,ASOVIS:
(a) If tb i( ignes or retires:
(h) If thc. ,ff0( ii r dibcharged and not reinstated;
(c) If the emplop, is absent from work for three working days, without properly
notifying the Employer, unless atisfactory reason is given;
(d) If the employir does not return to work at the end of an approved leave;
(e) If the employee does not return to work when recalled from a layoff,
VIII, LAYOFF, RECALL AND TRANSFERS
(a) If and when it becomes necessary for the Employer to reduce the number of
employees in the work force, the employees will be laid off in seniority order, provided a Captain
shall have the right to use his greater seniority to bump a Lieutenant with less seniority, based
on capability of per available jobs and shall be recalled in the are order.
(b) If and when an employee is pernonently transferred to another divi5,ion within
the Department, the president or chief steward shall be notified of said transfer by the employer.
IX. PROMOTIONS
All promotions within the Bargaining Unit shall be mode on a basis of a Competitive
Examination as provided for in the Oakland County Merit System, or the Sheriff may promote the
most qualified employee in accordance with his professional judgement,
X. FALSE ARREST INSURANCE
Employees covered by this agreement shall be provided, by the Employer, a policy of
False Arrest liability insurance. The premiums for such insurance will be paid by the County.
Xl. GENERAL CONDITIONS
Section 1.
The Union shall be notified in advance of anticipated permanent major changes in
working conditions and discussions shall be held within reasonable time if requested by the Union.
Section 2.
The provisions of this oor • o. nt shall be applied equally and without favoritism to
all employees in the bargaining unit. ,hall be no discrimination as to agi . , marital
status, race, color, creed, not ori ,in or political affiliation. The Union shall share
equally with the trip lover the responsibility for applying this provision of the agrement.
Section 3.
Employ(. reeled to any permanent full time Union office or selected by the Union
to do work which 4 • them from their employment with the County, shall at the written request
of the Union be granter a leave of absence without pay. The leave of absence shall not exceed two
(2) years, but it shall be renewed or extended for a similar period at any time upon the written
request of the Union.
Section 4.
When any position not listed on the wage schedule is filled or established, the County
may designate a job classification and rate structure for the position. In the event the Union
does not agree that the rate for the classification is proper, the Union shall have the right to
submit the issue as a grievance through the grievance procedure within a three (3) month period.
XII. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES
All Resolutions of the Oakland County Board of Commissioners, as amended or changed,
from time to time, relating to the working conditions and compensation of the employees covered
by this agreement, and all other benefits and policies provided for in the Oakland County Merit
System, which incorporates Inc Oakland County Employee's Handbook, are incorporated herein by
reference and made a part hereof to the same extent as if they were specifically set forth.
XIII. MAINTENANCE OF CONDITIONS
Wages, hours and conditions of employment legally in effect at the execution of the
Agreement shall, except as modified herein, be maintained during the term of this Agreement.
XIV. ECONOMIC MATTERS
The Agreement between the parties on economic matters are set forth in Appendix A
and Appendix B attached hereto and are incorporated into this collective bargaining agreement,
subject to the terms and conditions thereof.
XV. NO STRIKE ' NO LOCKOUT
Under no circumstances will the Union cause or authorize or permit its members to
cause, nor will any member of the bargaining unit take part in, any strike, sitdown, stay-in or
slowdown or any violation of any State law. In the event of a work stoppage or other curtailment,
the Union shall immediately instruct the involved employees in writing, that their conduct is in
Commissioners Minutes ContinuetL April 5, 1979 216
violation of the contract and that all such persons shall immediately cease the offending conduct.
The Employer will not lockout any employees of the bargaining unit during the term
of this Agreement.
XVI, DURATION
This Agreement shall remain in full force and effect from January 1, 1977, to midnight,
• December 31, 1980. The Agreement shall be automatically renewed from year to year thereafter unless
either party shall notify the other in writing, one hundred twenty (120) days prior to December 31,
1980, that it desires to modify the Agreement. In the event that such notice is given, negotiations
shall begin Within a reasonable period of time, This Agreement shall remain in full force and be
effective during the period of negotiations and until notice of termination of this agreement is pro-
vided to the Other party in the manner set forth in the following paragraph.
In the event that either party desires to terminate this agreement, written notice must
be given to the other party no less than ten days prior to the .desired termination date which shall
not be before the anniversary date set forth in the proceding paragraph.
It is agreed and understood that the provisions contained herein shall remain in full
force and effect so long ae they are not in violation of applicable statutes and ordinances and remain
Within the jurisdiction of the County of Oakland.
ETNT
217
Commissioners Minutes Continued. April r, 1q79
LrENT .""TS & CArT
AF
I. Salaries
The tel salary shall prevail during the term
of this c6i1-. ;.;c. bargaining Agreement.
January 1, 1917 through December 31, 1977
Classification Base 1 Year 2 Year
Lieutenant
Captain
20,238
22,183
20,857 21,476
22,922 23,660
January 1, 1978 through December 31, 1978
Classification Base 1 Year 2 Year
Lieutenant
Captain
21,860
23,958
22,527 23,194
24,756 25,553
January 1, 1979 through December 31 1979
Classification Base 1 Year 2 Year
Lieutenant 23,387 24,103 24,818
Captain 25,635 26,489 27,342
January 1, 1980 through December 31, 1980
Classification Base 1 Year 2 Year
Lieutenant
Captain
25,024
27,429
25,790 26,555
28,343 29,256
II. Captain weekend duty nay
The one Captain designated each weekend to be on duty
during that weekend and who shall work such weekend shall
be compensated $160.00 per weekend for 1977, $160.00 per
weekend for 1978 and $275.00 per weekend during 1979 and 1980.
NATIONAL UNION OF POLICE OFFICERS, OAKLAND COUNTY SHERIFF
S.E.I.U., A.F.L.-C.I.O. LOCAL 804
Johannes Spreen, Sheriff
COUNTY OF OAKLAND, A Michigan
Constitutional Corporation
By
John J. McDonald, Chairperson; and
Daniel T. Murphy, County Executive
Commissioners Minutes Continued. April 5, 1979 218
APPENDIX B
1
For the following fringe benefits, refer to the Oakland County Employees' Handbook:
I. 1njury on the Job
Holidays
3. Leave of Absence
4. Life Insurance
5, Longe%1 y
6. Mast• r .1.dicsr Insurance
7, Sid
S. Retir• mint
9. . Annual Leave
**210, Income Continuation In
****11. Dental Insurance
12. Tuition Reimbursement
* The revisions in Merit Rule 26, "Legal Holidays" which eliminate Good Friday holiday
provisions and add provisions for a Floating Holiday are incorporated in this agreement, This
non-accruable Floating Holiday may be used by employees who have completed three months service,
with prior permission, as a religious holiday, for an employee's birthday, or for other purposes
desired by the employee. There shall be no premium pay in conjunction with this day and the depart-
ment head shall he responsible for considering the best interest of the department and County service
when approving use of the floating Holiday.
** Effective January 1, 1978, employees hired after this date will not be eligible to
include final sick leave or annual leave payments as part of their "Final Average Compensation" for
the purpose of computing retirement benefits.
!iIi* Effective January 1, 1977, in the event an employee has previously received income
continuation insurance, benefits will begin on the day following the day the disability has lasted
for a continuous number of work days equal to seventy percent (70'2) of the number of sick leave days
the employee has earned since he or she last utilized income continuation insurance.
**** The $500 lifetime maximum, applied to Type C expenses in connection with fixed bridge
work, will no longer be in effect.
Effective May 1, 1977, a maximum reimbursement limit of $350 per semester will be
established. Effective January 1, 1978, the maximum reimbursement limit shall be increased to
$400 per semester (the current two class limit per semester will not change). Employees accepted
to degree programs prior to October 1, 1977, will not be subject to the dollar limitation providing
their progress in the program is continuous as set forth in the revised Merit Rule #20.
Moved by McDonald supported by Pernick the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 8902
By Mr. McDonald
IN RE: 1979 SALARY INCREASE FOR THE ATTORNEY CLASSES WITHIN THE PROSECUTING ATTORNEY'S OFFICE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS in December of 1978 this Board approved a 7% salary increase for all non-union
employees effective January 1, 1979; and
WHEREAS the Assistant Prosecutors did not receive an increase because they were members
of a bargaining unit and no new contract had been negotiated for 1979; and
WHEREAS on February 8, 1979 the Assistant Prosecutors voted to decertify from the union;
WHEREAS they are now non-union employees still receiving 1978 salary rates; and
WHEREAS the requested 7% salary increase would give the Assistant Prosecutors the same
increase received by all other non-union employees for 1979; and
WHEREAS your Personnel Committee has reviewed this request and concurs,
NOW THEREFORE BE IT RESOLVED that the following classifications in the Prosecuting Attorney's
Office receive a 7% salary increase retroactive to January 1, 1979: SENIOR TRAIL LAWYER, ASSISTANT
PROSECUTOR 111, ASSISTANT PROSECUTOR 11, ASSISTANT PROSECUTOR 1, PROSECUTOR'S TRAINEE AND LAW CLERK.
The Personnel Committee, by John J. McDonald, Chairperson, moves the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson
Moved by McDonald supported by Gorsline the resolution be adopted.
and and
The Chairperson referred the resolution to the Finance Committee. There were no objections.
219
Commissioners Minutes Continued. April 5, 1979
Misc. 8903
By Mr. Oi Icor.
IN RE: PONTIAC CLINTON NO. 3 DRAINAGE PROJECT -CONVEYANCE OF PROPERTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Pontiac Clinton No 3 Drainage Board purchased the above referenced property
from Johnny Mae Williams in fee on November 12, 1974; and
WHEREAS the Warranty Deed prepared by Civil Coun ,e1 was mistakenly made out in the County
of Oakland's name instead of the Pontiac Clinton No 3 Dr. inage District; and
WHEREAS in order that the property be ni r cc.cpp: r ownership, namely, the Pontiac
Clinton go. 3 Drainage District, it is hereby r itiesT • i th.,1 tl.! County Board of Commissioners
authorize its Chairfien to execute a Quit Claim , ,d the above referenced property to said Drain-
age District.
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners
be and he is hereby authorized to execute a Quit Claim Deed, a copy of which is attached hereto and
made a part hereof.
The Plannine and Building Committee, by Richard R. Wilcox, Chairperson, moves the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson
Robert P. Alien nr.fte.d. by m"i".,,1200 N.Telegraph Rd.,Ponti- Address Mi.
Com ion' r Minutes lout in it Apr 1 5 I 979
Fhrrn .56,1
I rS Die Insure.ince Grporat!on QUIT CLAIM DEED-----CORPOPATION----St4Imos •
56-5.„152 M.h.A
h..NOW ALL MEN ItY . I i Th,t Ti 1' Lirlt,:y . ' !tot ,,, M Uhl r.,;01
CallH; 1 Ltd. 1.01t I I I, It t 1-/11,--1.0t1
whose address is 1200 North Tti te giia. th 1t. d , I'LlflI NiL 01 gaii/I 2 0 53
220
Quit Claims to PONTIAC CLINTON NO, T. T -61,6;E DI STB t CT
whose ddress No, I Public Works Prigit, Pontiac, Michigan 480 ,J 14
- the following deschih,A pi,nsises sits.sted in the City a Pontiac
County rd Oakland hnd Shahs of Michigan, It wit:
Lo 7, Assessor's Plat No 116, a roplat of .•abdivision of
Outlots 9, 11 . and 13, Pasadena .!iubdivislon t— pert of North's
Addition, City of Pontiac, Oakland County, makfriban, as recorded
in libel Page 36, Oakland County- Record:
for the full consideration of
Dated this
n
Witnesses:
One ($1.00) Dollar
day of 19
Signed and Sealed:
COUNTY OF OAKLAND, a Michigan
Constitutional Corputathin
By Wallace V. liable-7", jr., ChaiTmars of
Board of Commis -oners Its
SS.
STATE OF MICHIGAN
Oakland COUNTY OF Its
day of 19 The foregoing instrument was acknowledged before one this
(1) by Wallace F. Gabler, Jr., Chairman
(2)
(3) of the Oakland County Board of Commissioners
(4) a Michigan Constitutional
My commission expires
Corporation on behalf of the said corporation.
Oakland Notary Public County, Michigan
Note: Insert at (1) name(s) of officer(s) (2) title(s) of officers(s) (3) name of corporation (4) state of incorporation
Recording Fee When recorded return to
State Transfer Tax
Send subsequent tax bills
to
Tax Parcel #
221
Commissioners Minutes Continued, April 5, 1979
Moved by Wilcox supported by Patterson the resolution be arhated,
AYES: Kelly, Lewand, McConnell, McDonald, Moffitt, M t Mc-
Page, Patterson, Pernickz Peterson, Price, Roth, Wilcox, Aaron, rr •
Fortino, Gabler, Gorsline, Hobart, Hoot.. (25)
NAYS: None. (0)
A sufficient majority having or therefor. the resolution was
hoxley, Murphy,
in, Dunaskiss,
Misc.. 8904
By Mr. Wilcox
IN RE: HOUGHTEN DRAIN ASSIGNMENT OF EASEMENTS TO OAKLAND COUNTY DRAIN COMMISSIONER
To the Oakland County Board ( f C mmissioners
Mr. Chairperson, Ladies an( fantlemen,
WHEREAS in 1346, .d were acquired in the name of the County f Oakland to construct,
operate and maintain the Hei:h1L .1 Drain; and
WHEREAS in 1949, J. .creage that the Houghten Drain ; c latted into a
subdivision lv the name of Rochester r d Farms, recorded in Lib (P. .( Oakland County
Records;
thirty HO) f( i Et for drainage porposeai ivar in said plat and
in ord - I a th. , 3in Commission( a h in and operate said He -Fir . lin, it is hereby
rue 'F I he County Board of Ca.rmi ioners authorize its Chairmao .m an assignment
of r ans. any other instrument, ta accomplish said transfer to ,Te Oaklans County Drain
Corlui ner.
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners
be and he is hereby authorized to execute said Assignment, a copy of which is attached hereto and
made a part thereof.
The Planning and Building Committee, by Richard R. Wilcox, Chairperson. moves the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chaireerson
ASSIGNMENT OF EASEMENTS
KNOW ALL MEN BY THESE PRESENTS, that tr. I, onty of Oakland, Michigan Constitutional
Corporation who ,:e address is 1200 North Telegra,h , Pontiac, file hi n, 48053, does hereby
assign and fl H r to the Oakland County Drain Coruissioner, whosc rs is No. 1 Public Works
Drive, Pori' . -in, 48054, all of the County of Oakland's right, tit 1L and interest in and to
the fallewin. ,a•B pursuant to Miscellaneoug Resolution No. , to wit:
All ch easements recorded in Book No. 25, Page 536 through 550 ofDrain Otfice Records,
And al
The southerly 15.0 feet of Lots 44 through 60 of Rochester Road Farms Subdivision as
recorded in Liber 60, Page 22 of Plats, Oakland County Records,
And also,
The northerly 15.0 feet of Lets 61 through 73 of Rochester Road Farms Subdivision as
recorded in Liber 60, Page 22 of Plats, Oakland County Records,
And also,
A permanent easement deccribed as that part of the following described parcel lying
northerly of a line described as: beginning at a point on the northerly line of the following
described parcel, said point being located Easterly 20 ft along said Northerly line
from the NW Parcel corner; th 1 •. n ,, terly 307 ft more or less to a point of Ending on the easterly
line of the above described parc 1, said Point of Ending being Southerly 50 ft from the NE corner
of said Parcel.
A temporary easement described asa strip of land 20 ft parallel to and adjoining the
southerly edge of the above described permanent easement.
Also,
The westerly 60 ft of the following described parcel, excepting that area being used
by the above permanent and temporary easements of which 33 ft is also being used for road purposes.
Said easements being over and across the following described property:
Parcel 20-14-102-005 (1.05 acres). Part of the NW 1/4 of Section 14, T2N, R11E, City of
Troy, Oakland County, Michigan, described as : Beginning at a point distant South 1103.20 ft. from
the NW section corner thence N 79 deg 3400" E 269.47; thence S 89 degress 06 1 00" E- 60 ft; thence
South 178.50 ft; thence N 89 degrees 06 1 00" W 325 ft.; thence North 125.38 ft to the point of
beginning.
Said easement being recorded in Liber 7428, page 208, Oakland County Records,
In Presence of: COUNTY OF OAKLAND
By
Wallace F. Gabler, Jr., Chairman
STATE OF MICHIGAN
COUNTY OF OAKLAND
On this day of , 1979, before me personally appeared Wallace F. Gabler, Jr.,
to me personally known, who being by me duly sworn, did say that he is the Chairman, Board of
Commissioners of the County of Oakland, the Corporation named in and which executed the within
Commissioners Minutes Continued. April 5, 1979 222
instrument, and that said is was signed in behalf of said County of Oakland, by authority
of its Board of Commissioners and said Chairman acknowledged said instrument to be the free act
• and deed of said Corporation.
Notary Public, Oakland County, Michigan
My commission expires
This instrument drafted by:
W. J. Hardenburg, Jr.
Chief of Right of Way
County of Oakland
No. 1 Public Works Drive
Pontiac, Michigan 48054
Return:
W. J. Hardenburg, Jr.
Drain Commission
Right of Way Division
Moved by Wilcox supported by Fortino the resolution be adopted.
AYES: Lewand, McConnell, Moffitt, Montante, Moore, Moxley, Murphy, Peterson, Price, Roth,
Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hoot, Kelly. (20)
NAYS: None (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8905
By Mr. Wilcox
IN RE: STATE OF MICHIGAN - SOLID WASTE MANAGEMENT ACT - ACT NO. 641 OF THE PUBLIC ACTS OF 1973
To the Oakland County Board or Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act No. 641 of the Public Acts of 1978, Solid Waste Management Act which repeals
Act 87 of the Public Acts of 1965, became law on January 11, 1979; and
WHEREAS this law consists of two major segments; and
WHEREAS one segment deals with the du es of the Department of Natural Resources and the
County Health Departments in the issuance of permits and licenses for the collection of solid waste
and the operation of solid waste disposal areas; and
WHEREAS the second segment deals specifically with the development of a detailed county
solid waste management plan prior to July 1, 1981; and
WHEREAS recognizing Act No. 641 has provisions for the county to prepare a plan; and
WHEREAS Act No. 641 provides that should the county not wish to prepare the plan the
municipalities in the county could do so or if they do not wish to, the regional solid waste
management planning agency (Southeast Michigan Council of Governments - SEMCOG) could prepare the
plan; and
WHEREAS if the county, the municipalities and SEMCOG all refuse to prepare the plan,. the
Department of Natural Resources would prepare the plan and the plan would be final with or without
county or municipality approval; and
WHEREAS the county has until May 11, 1979 to file with the Director of the Department of
Natural Resources and each municipality in the county a notice of intent indicating the county's
intent to prepare a county solid waste management plan or to upgrade an existing plan; and
WHEREAS the notice of intent has to also indentify the designated agency which shall be
responsible for preparing the county plan; and
WHEREAS Act No. 641 provides for a grant program of eighty percent (80%) state funds to
match the local twenty percent (207,) share to effectively carry out the planning responsibilities
designated under the Act; and
WHEREAS this Board • of County Commissioners recognizes its continuing responsibilities for
county-wide Solid waste management planning to provide for long-term solid waste disposal in a cost
effective, yet environmentally sound, manner.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and directs the County Executive to file a notice of intent with the Director of the
Department of Natural Resources and each municipality in the County not later than May 11, 1979
(unless this date is extended by the State legislature) indicating the county's intent to prepare
a county solid waste management plan as required by Act No. 641 of the Public Acts of 1978.
BE IT FURTHER RESOLVED that the County Executive is the designated agency which shall be
responsible for preparing the county plan.
BE IT FURTHER RESOLVED that the initiation of the planning is contingent upon the State
providing 80% share of the costs.
The Planning and Building Committee, by Richard R. Wilcox, Chairperson, moves the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson
223
Commissioners Minutes Continued. April 5, 1979
Moved by Wilcox supported by Moore the resolution be adopted.
AYES: McConnell, McDonald, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson,
Peterson, Price, Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline,
Hobart, Hoot, Kelly, Lewand. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted
REPORT
By Mr. Wilcox
IN RE: MISCELLANEOUS RESOLUTION #8787 -CHANGE "LAWRENCE LAKE" TO "HUFF LAKE"
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, by Richard R. Wilcox, Chairperson, having reviewed
Miscellaneous Resolution 118787, Change "Lawrence Lake"- to "Huff Lake", reports with the recommenda-
tion that the resolution be adopted.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson
"Misc. 8787
By Mr. Wilcox
IN RE: CHANGE "LAWRENCE LAKE" TO "HUFF LAKE"
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has received a request from Brandon Township to change
the name of "Lawrence Lake" to "Huff Lake"; and
WHEREAS the reason for the request is to reflect the present ownership and to clarify
records; and
WHEREAS Lawrence Lake is located in Section 29 on Ortonville Road (M-15) between West
Seymour Lake Road and East Seymour Lake Road; and
WHEREAS it is desired that the name adopted be used in future maps, reports and documents
that may be published by the State of Michigan and the United State government.
NOW THEREFORE BE IT RESOLVED that the name of "Lawrence Lake", located in Section 29 of
Brandon Township, Oakland County, Michigan, be and the same is hereby changed to "Huff Lake".
BE IT FURTHER RESOLVED that the County Clerk forward a certified copy of this resolution,
together with a map showing the particular geological feature affected, to the Geological Survey
Division of the Department of Natural Resources, Lansing, Michigan.
The Planning and Building Committee, by Richard R. Wilcox, Chairperson, moves the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson"
Copy of Map on Page 38.
Moved by Wilcox supported by Roth the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Wilcox supported by Dunaskiss that Resolution #8787 be adopted.
AYES: McDonald, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff,
Peterson, Price, Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline,
Hobart, Hoot, Kelly, Lewand, McConnell. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #8787 was adopted.
Misc. 8906
By Mr. Wilcox
IN RE: GAS AND OIL LEASING POLICY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has had under consideration the leasing of Oakland/Orion
Airport and Addison-Oaks Park property for oil and gas drilling purposes; and
WHEREAS this committee has reviewed various suggested methods for soliciting oil and
gas leases; and
WHEREAS the committee recommends that the Board of Commissioners establish the policy
that oil and gas leases be secured by public bid, such bidding procedure to require that each
bidder submit an environmental study with each bid.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
establish as the policy of the County of Oakland that oil and gas leases be solicited by public
bid.
Commissioners Minutes Continued. April 5, 1979 224
BE IT FURTHER RESOLVED that the bidding documents and procedures be developed by Civil
Counsel and approved by the Planning and Building Committee.
BE IT FURTHER RESOLVED that each of the bidders must attach an environmental impact study
to their respective bids.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson
Moved by Wilcox supported by Patterson the resolution be adopted.
AYES: Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson, Peterson, Price, Roth,
Wilcox, Aaron, DiGiovanni, Doyon, Dunaskiss, Gabler, Gorsline, Hobart, Hoot, Kelly, Lewand, McConnell,
McDonald. (23)
NAYS: None. (0)
PASS: Fortino. (I)
A sufficient majority having voted therefor, the resolution was adopted
"FINANCE COMMITTEE REPORT
By Mr. Murphy
IN RE: MISCELLANEOUS RESOLUTION #8792 - "208" FEDERAL WATER POLLUTION CONTROL ACT - 1979 CONTRACTUAL
AGREEMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board the Finance Committee has reviewed Miscellaneous
Resolution #8792 and finds the contract covers a period of January 1, 1979 through June 30, 1979.
Said contract is for planning purposes only and not implementation of any programs. Included in the
planning phase is determination of requirements for a water quality control program including
resource requirements and cost and determination of 8 means to fund any program. Any plan and
funding means resultant from this plan will be presented to the appropriate committees before
implementation. Initial cost to the County for the planning stage is $8,727. Pursuant to Rule
XI-C of this Board, the Finance Committee finds $8,727 available in the 1979 Contingent fund.
Said funds are to be transferred to the Professional Services Line item in the Department of Public
Works Administration's budget.
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson"
"Misc, 8792
By Mr. Wilcox
IN RE: "208" FEDERAL WATER POLLUTION CONTROL ACT - 1979 CONTRACTUAL AGREEMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland ls required by law to comply with Public Law 92-500, the
Federal Water Pollution Control Act Amendments of 1972; and
WHEREAS Section 208 of PL 92-500 requires the development and implementation of an area-
wide water quality management plan; and
WHEREAS the "Water Quality Management Plan for Southeast Michigan" was prepared by SEMCOG
and adopted by the SEMCOG General Assembly; and
WHEREAS as indicated in Exhibits A and B, the Continuing Planning Agency (SEMCOG) and the
Areawide Water Quality Board will he performing certain planning services directed toward achieving
the requirements and the clean water goals of PL 92-500 and ensuring that Southeast Michigan is
eligible for Federal grants for water pollution control under applicable federal programs; and
WHEREAS PL 92-500 requires certain agencies, as designated by the Governor, as Designated
Management Agency (DMA) to be responsible for carrying out certain actions under the plan; and
WHEREAS the County of Oakland (identified as a DMA in the Plan) accepted on June 1, 1978
Miscellaneous Resolution 8470, DMA designation for the planning, construction and operation of its
waste water treatment facility for a one year period and pay its proportionate share of costs for the
functions Of continuing areawide water quality management planning and oversight of plan implementa-
tion as required by law under "208" Water Quality Management Plan (PL 92-500) when approved and
certified by the Governor and the United States Environmental Protection Agency.
NOW THEREFORE RE IT RESOLVED that the County of Oakland accepts designation as a Designated
Management Agency (DMA) in accordance with the Water Quality Plan for Southeast Michigan to perform
those management responsibilities set forth in Appendix I. (Local Implementation Strategy)
BE IT FURTHER RESOLVED that the County of Oakland agrees to cooperate in the preparation
of a local implementation strategy (Appendix I), including estimates of necessary personnel, financial
requirements, identification of problem areas, establishment of an implementation schedule and
priorities for its assigned management responsibilities.
BE IT FURTHER RESOLVED that the County of Oakland in assuming responsibility under the plan
approve the attached agreement for the purpose of providing financial support for the functions of
continuing areawide water quality planning and oversight of plan implementation and the Chairperson
of the Oakland County Board of Commissioners is hereby authorized and directed to execute the
necessary agreement for and in behalf of the County of Oakland.
225
Commissioners Minutes Continued. April 5, 1979
The Planning and Building Committee, by Richard R. Wilcox, Chairperson, moves the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairpere,on"
See Pages 77, 78, 79, 80, 81, 82, 83, 84, 85 and 86 for Copy of Attachments.
Moved by Wilcox supported by Murphy the report be accepted and Resolution #8792 be adopted.
AYES: Montante, Moore, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price, Wilcox,
Aaron, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hobart, Kelly, Lewand, McConnell, McDonald,
Moffitt. (22)
NAYS: Roth, Dunaskiss, Hoot. (3)
A sufficient majority having voted therefor, the report was accepted and Resolution #8792
was adopted.
Moved by Wilcox supported by Moffitt the ANNUAL REPORT OF THE DRAIN COMMISSIONER - 1978
be received and placed on file.
A sufficient majority having voted therefor, the motion carried.
Copy of Report on file in the County Clerk's Office.
Moved by Wilcox supported by Peterson the rules be suspended for immediate consideration
of Resolution #8888 - FEASIBILITY STUDY TO OPERATE OAKLAND COUNTY PUBLIC TRANSPORTATION SYSTEM.
AYES: Montante, Moxley, Murphy, Page, Patterson, Peterson, Wilcox, DiGiovanni, Dunaskiss,
Fortino, Gabler, Gorsiine, Hobart, Hoot, Kasper, McConnell, Moffitt. (17)
NAYS: Moore, Pernick, Price, Roth, Aaron, Doyon, Kelly, Lewand. (8)
A sufficient majority having voted therefor, the motion carried.
REPORT
By Mr. Wilcox
IN RE: MISCELLANEOUS RESOLUTION #8888 - FEASIBILITY STUDY TO OPERATE OAKLAND COUNTY PUBLIC TRANS-
PORTATION SYSTEM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, by Richard R. Wilcox, Chairperson, having reviewed
Miscellaneous Resolution #8888 - Feasibility Study to Operate Oakland County Public Transportation
System, reports with the recommendation that the resolution be adopted and that the study be done
in-house.
The Planning and Building Committee, by Richard R. Wilcox, Chairperson, moves the
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson
REPORT
By Mr. Gorsline
IN RE: MISCELLANEOUS RESOLUTION #8888 - FEASIBILITY STUDY TO OPERATE OAKLAND COUNTY PUBLIC TRANS-
PORTATION SYSTEM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, by Robert H. Gorsline, Chairperson, having reviewed
Miscellaneous Resolution #8888, Feasibility Study to Operate Oakland County Public Transportation
System, reports that the resolution be adopted with the added amendments as listed below:
1. Insert words "and Planning and Building Committee" in first resolved clause between
words "County Executive" and "to perform."
2. Add second resolved clause:
BE IT FURTHER RESOLVED that the study shall be completed and submitted to the Planning
and Building Committee within 45 days from the date of passage of this resolution.
3. Add third resolved clause:
BE IT FURTHER RESOLVED that the Planning and Building Committee is advised and
instructed to consult with Macomb County and other counties in the SEMTA region as to how Oakland
County can cooperate with these counties to provide for reasonable public transit.
The General Government Committee, by Robert H. Gorsline, Chairperson, moves the acceptance
of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Robert H. Gorsline, Chairperson
Commissioners Minutes Continued. April 5, 1979 226
'Misc, 8.1,1
By Mr. N eu
IN RE: Fit a,LIff STUDY f0 OPERATE OAKLAND COUNTY PUBLIC TRANSPORTATION SYSTEM
To the 0:1 .11d C:uroy Pord of Commissioners
Mr. Chairp. n I o:i - id Gentlemen:
me.le Mi lianeous Resolution /111408 of April 20, 1978 established the Oakland County
Board of Commi s' soncern about a lack of an equitable share of public transportation in
Oakland County
WHERE atheastern Michigan Transportation Authority has started a portion of the OCART
Dial-A-Ride y 110 1' r Oakland County on October 30, 1978; and
WHERE -3 Oakland County is concerned about a very slow pace at which OCART is planned to
be fully Impled,nLed; and
WHEREAS the funding for OCART has been resolved as a result of st , legislation; and
WHEREAS the major factor in further disproportionate distrieution eN i transit
development in the region appears to be inherent in the alternative analysis study to-date which
,concentrates resource , in one small geographic area at the expense of transit needs of Oakland
citizens; and
WHEREAS the t optimum and practical and cost-effective method of meeting the transit
needs of Oakland citi , .2 and citizens of the tri-county region is to expand and upgrade line-haul
bus service, Park and id e, Dial-A-Ride Systems and commuter rail service immediately; and
WHEREAS unrealistic demands to concentrate transit investment in one small geographic area
of the region has prevented progress toward implementing transit systems for the region; and
WHEREAS Oakland County has determined that it cannot accept a lack of progress toward
I mplementing realistic and afordable region -wide transit; and
WHEREAS SEMTA has not provided acceptable levels of transit development for citizens of
Oakland County; and
WHEREAS to obtain adequate level of transit development for the County may require that
Oakland County act alone or with neighboring governments to form its own transportation authority
as per Miscellaneous Resolution #8408 of April 20, 1578; and
WHEREAS delivery of transit service to Oakland citizens by an organization structure other
than SEMTA requires careful study and analysis of all ramifications; and
WHEREAS a large undertaking of operating a public transportation system requires advance
preparations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
County Executive to perform a feasibility study to operate the Oakland County public transportation
- system.
I move the adoption of the foregoing resolution.
John H. Peterson, Commissioner - District #6"
Moved by Wilcox supported by Patterson the reports be accepted.
A 'sufficient majority having voted therefor, the motion carried.
Moved by Wilcox supported by Gorsline that Resolution 7/8888 be adopted.
Moved by Peterson supported by McConnell that Rule XXIII - Limitation of Debate be applied.
AYES: Moore, Moxley, Murphy, Page, Patterson, Peterson, Roth, Wilcox, DiGiovanni,
Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, McConnell, McDonald, Moffitt, Montante.
(20)
NAYS: Pernick, Price, Aaron, Doyon, Kelly, Lewand. (6)
A sufficient majority having voted therefor, the motion carried.
Moved by Wilcox supported by McConnell the resolution be amended to include the three
amendments recommended by General Government Committee.
A sufficient majority having voted therefor, the amendments carried.
Discussion followed.
Moved by Price supported by Pernick the resolution be relerred to Finance Committee.
Vote on referral:
AYES: Pernick, Price, Roth, Aaron, Doyon, Kelly, fewand, Moore. (8)
NAYS: Murphy, Page, Patterson, Peterson, Wilcox, DiGiovanni, Dunaskiss, Fortino, Gabler,
Gorsline, Hobart, Hoot, Kasper, McConnell, McDonald, Moffitt, Montante. (17)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
227
Commissioners Minutes Continued. April 5, 1979
Vote on in• alution d:
AYES P r 1,, . r n, Roth, Wilcox, DiGiovanni, Doyen, Duras , -, For
Gabler, Ir ir t, , McConnell. McDonald, Moffitt, Montante, m , hexley,
Murphy. (21)
NAYS: Fr:I-nick, 1 r I Au van, Kelly, ewand. (5)
A sufficient majority having voted therefor, Resolution //8888 as amended, was adopted,
Misc
By H, H
IN El : ( 'MPIUNITY DEVELOPMENT - OAKLAND LIVINGSTON HUMAN SERVICE AGENCY HOUSING REHABILITATION
AGREAMEN1
lo the ( tiand County Board of Cyvilloissdoners
Mr, Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Development Program has a't an objective the pro-
vision of decent housing, a suitable living environment and expanded opportunities principally
for persons of low and moderate income; and
WHEREAS Oakl .nd Livingston Human Service Agency has carriel out over the past several
years an energy con , r u program of weatherizinc hem ( f low in (t., persons; arid
WHEREAS a t ( ful pilot program has betn p irri. 1 out in tively between the two
agencies in which mat . ial and personnel resources have been used joinily in improving the quality
of housing for low in ewe persons; and
WHEREAS the cooperative program makes it possible to train unemployed persons in the
building trades; and
WHEREAS the County as a recipient of Community Development funds has an obligation to the
extent possible to provide training and employment for lower income persons; and
WHEREAS funds have been allocated by the Federal government to Community Development for
these purposes.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the 0, al County Bord of Commis-
sioners execute an aereement with Oakland Livingston Human Service ken,: for housing and
rehabilitation services for persons residing in the area served by tne l• Aunity Development
program and with funds currently allocated for housing rehabilitatica ,nd wepitherization purposes.
The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Moved by Hoot supported by Price the resolution be adopted.
AYES: Patterson, Pernick, Peterson, Price, Roth, Wilcox, Doyorm Dunaskiss, Fortino,
Gabler, Gorsline, Hobart, Hoot, Kasper, Kelly, McDonald, Moffitt, Moore, Moxley, Murphy, Page. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8908
By Mr. Hoot
IN RE: COMMUNITY DEVELOPMENT FAIR HOUSING TRAINING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there are persons who believe they have been discriminated against in their
efforts to obtain housing; and
WHEREAS these persons may apply to the local governmental unit to obtain information
and assistance in resolution of their perceived alleged housing discriminatory treatment; and
WHEREAS staff members of local units of government can be of assistance to citizens by
serving as an information and referral resource; and
WHEREAS the County as a recipient of Community Development funds must provide assurance
that it will take those actions necessary to affirmatively further fair housing in the sale or
rental of housing, the financing of housing, and the provision of brokerage services; and
WHEREAS the Fair Housing Center has developed a fair housing training program in
cooperation with the Michigan Civil Rights Commission and the Department of Housing and Urban
Development; and
WHEREAS this program is currently being conducted in an efficient and professional
manner in the Wayne County area; and
WHEREAS this activity is a recommended and eligible expenditure of Community Development
funds and funds are currently available from unexpended prior year allocations.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commis-
sioners execute the necessary agreement with the Fair Housing Center for the design and implementa-
tion of the fair housing training and referral program to be completed within a twelve (12) month
period at a cost not to exceed $25,000.
Commissioners Minutes Continued. April 5, 1979 228
The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Moved by Hoot supported by Price the resolution be adopted.
AYES: Pernick, Peterson, Price, Roth, Wilcox, Aaron, Doyon, Dunaskiss, Fortino, Gabler,
Gorsline, Hobart, Hoot, Kasper, McDonald, Moffitt, Moore, Moxley, Murphy, Page. (20)
NAYS: ' Kelly. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8909
By Mr. Hoot
IN RE: COMMUNITY DEVELOPMENT HOUSING REHABILITATION GUIDELINES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Community Development Division has operated a loan and grant program for
housing rehabilitation since 1976 in order to maintain and improve our residential neighborhoods;
and
WHEREAS experience gained over the several years of operation has proven that the guide-
lines for qualification for assistance under this program has resulted in a situation in which
most work is done through 100% financial grants; and
WHEREAS many persons who are low or moderate income do not qualify for a loan from a
financial institution; and
WHEREAS assistance through a combination loan and grant program would increase the number
of persons who would be eligible for housing rehabilitation assistance; and
WHEREAS repayment of the loan portion of the assistance would create a revolving fund for
assistance to other persons; and
WHEREAS the Oakland County Community Development Advisory Council has developed new
guidelines for improvement in the financial and procedural aspects of the program and has recommended
approval to the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the new Guidelines for the Housing Rehabilitation
Program recommended by the Community Development Advisory Council be approved.
The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Moved by Hoot supported by Kelly the resolution be adopted.
AYES: Peterson, Price, Roth, Aaron, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot,
Kasper, Kelly, McDonald, Moffitt, Moore, Moxley, Murphy, Page, Patterson, Pernick. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8910
By Mr. Hoot
IN RE: PLAN AND BUDGET MODIFICATION OF CETA TITLE 111, SKILLED TRAINING AND IMPROVEMENT PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546
applied for and was granted the designation as Prime Sponsor by the U.S. Department of Labor to
administer the provisions of the Comprehensive Employment and Training Act of 1973; and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 8719
approved the Prime Sponsor to administer the C.E.T.A. Title 111, Skilled Training and Improvement
Program; and
WHEREAS the original plan and budget allocated $2,364,967.00 for the dual components of
Classroom Training and On-the-Job Training for 233 enrollees as stated in attachment A; and
WHEREAS due to the withdrawal of the participation of two classroom subcontractors,
a modification is being made to the original plan and budget of the STIP Title III Program; and
WHEREAS the modification of the STIP, Title III plan and budget includes the new training
centers and courses as identified in attachment B to serve a total of 271 enrollees with Classroom
Training and On-the-Job Training for a total allocation of $2,364,967.00; and
WHEREAS this modification does not change the amount of funding level as previously
approved by the Board of Commissioners; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
modification to the STIP, Title III plan as outlined in attachment B.
BE IT FURTHER RESOLVED that a quarterly report for review of performance objectives will
be submitted to the Public Services Committee and the Oakland County Board of Commissioners.
223
Commissioners Minutes Continued. April 5, 1379
• BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby
authorized to approve the Skilled Tr ring and Improvement Program plan and budget modification for
or amount not to exceed that indicated in attached budget.
The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Kasper
(22)
Copy of Budget on file in County Clerk's Office.
Moved by Hoot supported by Roth the resolution be adopted.
AYES: Price, Roth, Wilcox, Aaron, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot,
Kelly, Lewand, McConnell, McDonald, Moffitt, Moore, Moxley, Murphy, Page, Patterson, Peterson.
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8911
By Mr. Hoot
IN RE: C.E.T.A. TITLE III, SKILLED TRAINING AND IMPROVEMENT PROGRAM, CLASSROOM TRAINING COUPLING
ON-THE-JOB TRAINING, DUAL COMPONENT EMPLOYER CONTRACTS (PHASE 2A-S)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546
applied for and was granted the designation as Prime Sponsor by the U.S. Department of Labor, to
administer the provisions of the Comprehensive Employment and Training Act of 1973; and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 8719
approved the Prime Sponsor to administer the C.E.T.A. Title III, Skilled Training and Improvement
Program (STIP); and
WHEREAS Classroom Training and On-The-Job Training are the two activities that work in
conjunction to provide services in the Skilled Training and Improvement Program; and
WHEREAS the attached schedule indicates a total of $15,336.00 for the Classroom Training
and On-The-Job Training contracts for the Skilled Training and Improvement Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
award of Phase 2A-S, of C.E.T.A. Title III, Skilled Training and Improvement Program contracts in
the total amount of $15,336.00 consistent with the attached schedule.
BE IT FURTHER RESOLVED that a written quarterly report for review of performance objectives
will be submitted to the Public Services Committee and the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be authorized
to execute Skilled Training and Improvement Program contracts for an amount not to exceed that in-
dicated in the attached budgets.
The Public Services Committee by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Copy of Budget on file in the County Clerk's Office.
Moved by Hoot supported by Aaron the resolution be adopted.
AYES: Roth, Aaron, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, Lewand,
McConnell, McDonald, Moffitt, Moore, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price. (21)
NAYS: None. (0).
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8912
By Mr. Hoot
IN RE: FORMATION AND APPROVAL OF PRIVATE INDUSTRY COUNCIL (PIC) MEMBERSHIP UNDER TITLE VII PRIVATE
SECTOR INITIATIVE PROGRAM (PSIP)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546 applied
for and was granted the designation as Prime Sponsor by the U.S. Department of Labor to administer the
provisions of the Comprehensive Employment and Training Act of 1973; and
WHEREAS the CETA - Reenactment of 1978 created Title VII which identifies involvement in
the private sector for CETA programs; and
WHEREAS the Private Industry Council (PIC) is part of that planning and design; and
WHEREAS the membership of the Private Industry Council is composed of members from all
sectors of the community as required by the CETA Title VII regulations (Attachment A); and
Commissioners Minutes Continued. April 5, 1979 230
WHEREAS the Prime Sponsor is not altering its position as referenced in the previous
communique to the Public Services Committee on January 30, 1979 (Attachment B) but is requesting
authority to form a Council to comply with Department of Labor requirements to at a PIC
council for funding eligibility by April 30, 1979.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve. the
formation of. a Private Industry Council to conform to Federal requirements and that the membership
as proposed in Attachment A be approved as submitted.
The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution,
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Copy of Attachments on file in the County Clerk's Office,
Moved by Hoot supported by Moore the resolution be adopted.
Moved by Hoot supported by Lewand the resolution be amended as follows: "that the Council
members be appointed by the Chairperson with the approval by the Board".
A sufficient majority having voted therefor, the amendment Carried.
Vote on resolution as amended:
AYES: Wilcox, Aaron, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper,
Kelly, Lewand, McConnell, McDonald, Moffitt, Moore, Moxley, Murphy, Page, Patterson, Pernick,
Peterson, Price, Roth. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended was adopted.
Misc. 8913
By Mr. Hoot
IN RE: APPROVAL OF EMPLOYABILITY DEVELOPMENT PLANNING FUNDS FOR COUNSELING INTAKE AGENCIES, HURON
VALLEY SCHOOLS AND THE CITY OF PONTIAC
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546
applied for and was granted the designation as Prime Sponsor by the U.S. Department of Labor to
administer the provisions of the Comprehensive Employment and Training Act of 1973; and
WHEREAS the Counseling Intake Agencies estimated operational budgets for the 1st and 2nd
quarter of FY79 totaling $535,826 as approved by Miscellaneous Resolution 8609 was allocated from
CETA Title 1 Client Services (Attachment A); and
WHEREAS CETA Title VI identifies 10 0 funding for Employability Development Planning and
Client Services which would allow for $730,969 to contract with the Counseling Intake Agencies for
the 3rd and 4th Quarter of FY79 (Attachment B); and
WHEREAS the Employability Development Planning funds for FY79 for Huron Valley Schools
($33,293) and the City of Pontiac (561,741) as approved by Miscellaneous Resolution 8805 was based
on 102 of the total FY79 allocation of CETA Title 11 and VI funds as of 10/1/79; and
WHEREAS the Employability Development Planning funds for the Huron Valley Schools ($17,356)
and the City of Pontiac ($277,934) for the 3rd and 4th Quarter of FY79 is based on 107 of the
estimated unexpended forward balance of CETA Title 11 and V1 as of April 1, 1979.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
revised budgets for the Counseling Intake Agencies City of Pontiac, and Huron Valley Schools for
Employability Development Planning and Training based on 10% of the estimated unexpended balance
of CETA Title 11 and V1 on April 1, 1979.
BE IT FURTHER RESOLVED that a quarterly report for review of performance objectives will
be submitted to the Public Services Committee and the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby
authorized to sign said contracts.
The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Copy of Attachments on file in the County Clerk's Office.
Moved by Hoot supported by McConnell the resolution be adopted.
AYES: Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, Kelly, Lewand,
McConnell, McDonald, Moffitt, Moore, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price,
Roth, Wilcox. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
231
Commissioners Minutes Continued. April '3, 1979
Misc. 8914
By Mr, Hoot
IN RE: COMMUNITY DEVELOPME1T 1979 ENTITLEMENT GRANT APPLICATION
To the Oakland County Board of Commissioners
Mi. rhairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has been designated as an urban County under the Federal
and Community Development Act of 1114, as amended, and
WHEREAS Cle law was designated t ,nsolidate, many of the catagorical grant programs
ini , one Block Type Gr5nt Program placii.1 r• oweibility and authority with local officials as to
community or and priorities; and
WHEREAS the County of Oakland by Miscellaneous Resolution 8715, adopted November 30, 1978,
declared its intention to continue to participate in the Community Development Program; and
WHEREAS the County of Oakland has been allocated a grant amount of S4,720,000 in Federal
funds to be distributed among forty-five (45) participating units of government; and
WHEREAS there are no County funds required for this grant: and
WHEREAS the County of Oakland must file application for this grant award prior to May 20,
1979.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commis-
sioners is hereby authorized to sign and file an application for 1979 Community Development Block
Grant funds under the Federal Housing and Community Development Act of 1974, as amended, in
accordance with the attached funding summary.
The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Henry W. Hoot, Chairperson
Copy of Summary on file in the County Clerk's Office.
Moved by Hoot supported by Lewand the resolution be adopted.
AYES: Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, Kelly, Lewand,
McConnell, McDonald, Moffitt, Moore, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price,
Roth, Wilcox, Doyon. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8515
By Mr. Page
IN RE: OAKLAND COUNTY 1980 BUDGET REVIEW
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the upward trend in the number of employees added to the rolls and the concurrent
increase in dollars expended has reached a budget level of $78,600,000 in 1979; and
WHEREAS the continual annual increase in County expenditure should be arrested if govern° .
ment is to contribute effectively toward the control of inflation; and
WHEREAS services to the citizens who are minors, elderly or physically or emotionally
disadvantaged should be given the highest budget priority while reductions should come from
services to those who can best do for themselves, particularly in those delivery systems which
are least cost effective; and
WHEREAS there exists a number of uncertainties with respect to the impact of the Headlee
amendment and the. proposed State of Michigan expenditure level on the County Budget.
NOW THEREFORE BE IT RESOLVED that the level of expenditure for the County be established
for the year 1980 at a level not to exceed the 1979 base.
BE IT FURTHER RESOLVED that the "zero base" budgeting concept be applied in the 1980
budget reviews to ensure that activities expending County tax dollars are productive and cost
effective.
Mr. Chairperson, 1 move the adoption of the foregoing resolution.
Robert W. Page, Commissioner - District #13
Moved by Page supported by Gorsline the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee and Personnel Committee.
The reporting Committee will be Finance. There were no objections.
Misc. 8916
By Mr. Pernick
IN RE: STUDY OF SEMTA REGIONAL TRANSPORTATION PROPOSAL
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the SEMTA Board of Directors has made and adopted a preferred regional trans-
Commissioners Minute ,, Continued. April 5, 1979 232
portation plan for t., Lntation to the people of the SEMIA region; and
WHEREAS tl, uakland County Board of Commissioners desires to play a positive role in the
eventual adoption of a regional transportation plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Bo, ,-(1 • f Commissioners request the
County Executive to review and comment on the preferred plan and prc , nt recommendations for the
consideration of the Board of Commissioners through the Planning and Building Committee.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners adopt a position
statement prior to the final vote on the adoption of the regional transportation plan in 1979.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Lawrence R, Pernick, Commissioner - District #20
Moved by Pernick supported by Moffitt the resolution be adopted.
Moved by Pernick supported by Moffitt the rules be suspended for immediate consideration
of the resolution.
AYES: Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper, Kelly, fewand, McConnell, McDonald,
Moffitt, Moore, Moxley, Murphy, Page, Pernick, Peterson, Price, Roth, Doyon, Dunaskiss. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Vote on resolution:
AYES: Gabler, Gorsline, Hobart, Hoot, Kasper, Kelly, Lewand, McConnell, McDonald, Moffitt,
Moore, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price, Wilcox, Doyon, Dunaskiss, Fortino.
(22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 8917
By Mr. McConnell
IN RE: LAKE IMPROVEMENT FUNDS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Wolverine Lake has established a Wolverine Lake Improvement Project pursuant to
the provisions of Act 345 of the Public Acts of 1966, as amended; and
WHEREAS Section 25 of said Act provides that the Lake Board may accept grants for the
purpose of carrying out the provisions of this Act; and '
WHEREAS the Wolverine Lake Board has requested the County to advance 25% of the costs of
the Improvement Project; and
WHEREAS the County Board of Commissioners may advance funds on a loan basis; and
WHEREAS the advancement of such funds shall only be paid upon the confirmation of the
assessment roll to be spread against the benefited property within the District.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to
Section 25 of Act 345 of the Public Acts of 1966, as amended, does hereby advance the sum of
$67,500.00, said advance to be re-paid out of the proceeds of the special assessment.
BE IT FURTHER RESOLVED that no advances shall be made to the Wolverine Lake Improvement
Project until a special assessment roll has been confirmed pursuant to the provisions of Section 14
of said Act 345.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Robert A. McConnell, Commissioner - District #25
Moved by McConnell supported by Dunaskiss the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Misc. 8918
By Mr. Price
IN RE: EXCISE TAX
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 263 of the Public Acts of 1974, as amended, provides that counties with a
population of less than 600,000 and having a city of at least 40,000 may enact an ordinance to
levy, assess and collect an excise tax from all persons engaged in the business of providing rooms
for dwelling, lodging or sleeping purposes, except in hospitals or nursing homes, to transient
guests; and
WHEREAS the tax shall be at a rate of not more than five (5%) per cent of the total charge
for the accommodations; and
WHEREAS the funds may be used to promote and encourage tourist and convention business
in the county; and
233
Commissioners Minutes Continued. April 5, 1979
WHEPFA tho persons and businesses supplying accommodations benefit by tourist and
convention ei iri in the County; and
./Hiitf, the County (, ci.kland should be able to adopt an ordinance authorizing the levy
of suth I nl
WHEREAS it will h f. i • ry to amend Act 263 of the Public. Acts of 1974, by striking
the figur. 600,000 person and in rting the figure 2,000,000.
NOW THEREFORE BE IT 2,' fiLVED that the Oakland County Board of Commissioners nil, Cs he
State Legislature to adopt ac amendment to Act 263 of the Public Acts of 1974, as amendcd, by
striking the figure 600,000 and inserting the figure 2,000,000.
Mr. Chairperson, I move the adoption of the foregoin9 resolution.
Hubert Price, Jr., Commissioner - District 118
Walter L. Moore, Commissioner - District 117
Moved by Price supported by Moore the resolution be adopted.
The Chairperson referred the resolution to the General Government Committee. There were
no objections.
Misc. 8919
By Mrs. Fortino
IN RE: AMENDMENT TO ACT 345 OF THE PUBLIC ACTS OF 1966
To the Oakland County Bo&rd of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS many homeowner associations surrounding lakes have expressed a desire to undertake
the improvements permitted by Act 345 of the Public Acts of 1966, as amended, known as the "Inland
Lake Improvement Act of 1966; and
WHEREAS to accomplish that purpose, the lake improvement board should be permitted to
negotiate a contract directly with homeowner associations or other lake improvement associations;
and
WHEREAS the Act does not permit such negotiations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the
Legislature to amend Act 345 of the Public Acts of 1966, as amended, to permit lake improvement
boards to negotiate contracts with lake improvement or homeowner associations without public
bidding.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Betty Fortino, Commissioner - District #5
Moved by Fortino supported by Hobart the resolution be adopted.
The Chairperson referred the resolution to the General Government Committee and Civil
Counsel. There were no objections.
Misc. 8920
By Mr. Lewand
IN RE: BOYS' CLUB OF ROYAL OAK - OPERATION GAMIT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is vitally concerned about the prevention
of crime and juvenile delinquency throughout Oakland County, and particularly in the more populated
regions of the County; and
WHEREAS the Royal Oak Boys Club has successfully operated a program for the Guidance,
Adult Education, Mental Health, Counseling, Inter-Agency Cooperation, and Tutoring (GAMIT) with the
aid of an L.E.A.A. Grant, commencing in 1973; and
WHEREAS the program has aided 260 youths, 60% of whom had prior court contact, with a
success rate of 85% in making a positive adjustment; and
WHEREAS the Royal Oak Boys' Club and Hazel Park School District provide approximately
50% of the funding for that program for its own privately-raised funds; and
WHEREAS it appears that program is of benefit to all the citizens of Oakland County and
will not be able to continue without direct County funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
authorize appropriation of $45,000.00 as a direct grant to the Royal Oak Boys' Club to continue
funding of Operation GAMIT.
Mr. Chairperson the undersigned respectfully moves the adoption of the foregoing resolution.
Wallace F. Gabler, Chairperson
John R. DiGiovanni, Commissioner - District 9
F. Thomas Lewand, Commissioner - District 11
Kenneth E. Roth, Commissioner - District 17
Moved by Lewand supported by Patterson the resolution be adopted.
The Chairperson referred the resolution to the Health and Human Resources Committee and
Probate Court. There were no objections.
Commissioners Minutes Continued. April 5, 1979 234
Misc. 8921
By Mr. Dunaskiss •
IN RE: $500,000 ROAD IMPROVEMENT FUNDING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS road improvement, upgrading and safety are a crucial concern to Oakland County
residents; and
WHEREAS the Oakland County Board of Commissioners recognizes a role in providing this basic
service.
NOW THEREFORE BE IT RESOLVED that with the passage of this resolution, the sum of $500,000
is hereby allocated to the Oakland County Road CommissiOn,
BE IT FURTHER RESOLVED that this money be allocated on the basis of commitment of equal
matching funds for individual projects from the city or township involved in said project and the
Oakland County Road Commission.
BE IT FURTHER RESOLVED that each project shall have the prior approval of the Planning
and Building Committee before county funds are committed.
Mr. Chairman, I move the adoption of the foregoing resolution.
Mat Dunaskiss, Commissioner - District 3
William T. Patterson, Anne M. Hobart, Richard R. Wilcox,
Robert H. Gorsline, John Peterson, Dennis L. Murphy,
Henry W. Hoot, Robert A. McConnell
Moved by Dunaskiss supported by Peterson the resolution be adopted.
The Chairperson referred the resolution to the Planning and Building Committee. There
were no objections.
Moved by Patterson supported by Moffitt the Board adjourn until May 3, 1979 at 9:30 A.M.
A sufficient majority having voted therefor, the motion carried.
The Board adjourned at 2:45 P.M.
Lynn D. Allen Wallace F. Gabler, Jr.
Clerk Chairperson