HomeMy WebLinkAboutResolutions - 2007.10.18 - 9334MISCELLANEOUS RESOLUTION #07248
BY: Commissioners Eileen T. KowaII, District #6 and David Coulter, District #25
RE: BOARD OF COMMISSIONER - RESCISSION OF MISCELLANEOUS
RESOLUTION #06193
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS on October 5, 2006, at the request of the Sixth Judicial Circuit Court,
the Oakland County Board of Commissioners adopted M.R. #06193 which, among other
things, sought to declare this Board's approval for the creation of a new judgeship in the
Sixth Judicial Circuit Court to be filled by election in 2008.; and
WHEREAS M.R. #06193 also expressed the Board's intent that its support for
the new judgeship and the accompanying personnel, facilities, and operating costs
would be provided "in accordance with the statutes of the State of Michigan, the
Michigan Court Rules, the Michigan Constitution, and the County's General
Appropriations Act" (emphasis added); and
WHEREAS pursuant to the Minutes of the October 5, 2006, meeting of the
Oakland County Board of Commissioners, the Board clearly intended that the issue of
the new judge would come back to the Board in 2007-2008 for additional review,
deliberation, and details in the County's 2008 budget cycle and further articulated and
finalized in the County's 2008-2009 General Appropriations Act; and
WHEREAS because the Board's resolution also included language consistent
with MCL 600.550, specifically that the Board of Commissioners "approves the creation
of [the] judgeship," the State Court Administrative Office (SCAO) notified the Elections
Division of the Department of State that a new judgeship for the Sixth Judicial Circuit
Court should be placed on the ballot for the November, 2008 election cycle; and
WHEREAS passage of M.R. #06193 also resulted in the enactment of PA 607 of
2006 which amended MCL 600,507 to provide that the Sixth Judicial Circuit Court may
have one additional judge effective January 1, 2009 (emphasis added); and
WHEREAS in late May, 2007, the County Administration advised the Circuit
Court that the new judgeship cannot be supported given the County's strained financial
circumstances and, further, that the County's General Appropriations Act would not
reflect the additional judge for the Circuit Court; and
WHEREAS during the County's FY 2008-2009 budget process, the Circuit Court
and the County Administration negotiated an arrangement to provide for a visiting judge
program to assist with the Court's dockets; and
WHEREAS on September 20, 2007, by unanimous vote, this Board of
Commissioners approved the County's General Appropriations Act for FY 2008-2009,
Com-Msioner Eileen T. Kowall
which does not include an appropriation for a new judgeship for the Circuit Court, but
does instead formally adopt funding for the visiting judge program referenced above.
NOW THEREFORE BE IT RESOLVED that due to Oakland County's strained
financial circumstances, the Oakland County Board of Commissioners hereby
acknowledges that the additional judge for the Sixth Judicial Circuit Court cannot be
supported at this time.
BE IT FURTHER RESOLVED that this Board of Commissioners hereby rescinds
M.R. #06193 and affirms that the additional judge and its accompanying personnel,
operating, and facility costs are not included in the County's 2008-2009 General
Appropriations Act.
BE IT FURTHER RESOLVED that this Board regrets the necessity to rescind
MR. #06193 but fiscal responsibility and prudence demand rescission in this matter.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to send a
copy of this resolution to the State Court Administrative Office, the Department of State
Elections Division, and the Michigan Legislature.
Chairperson, on behalf of the Board of Commissioners, I move the adoption of
the foregoing resolution.
Corssioner David Coulter
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Resolution #07248 October 18, 2007
Moved by Coulter supported by KowaII to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #07248 — BOARD OF COMMISSIONERS — RESCISSION OF MISCELLANEOUS
RESOLUTION #06193.
Vote on motion to suspend the rules:
AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash,
Potter. Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford,
Douglas, Gershenson. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #07248 — BOARD OF COMMISSIONERS — RESCISSION OF
MISCELLANEOUS RESOLUTION #06193 carried.
Moved by Coulter supported by KowaII the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter,
Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas,
Gershenson, Gingell. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
s. c-44,4 '1•—•—•0"
HEREBY APPROVETHE FOREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 18, 2007,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 18th day of October, 2007.
Prit"616
Ruth' Johnson, County Clerk