HomeMy WebLinkAboutResolutions - 2008.07.31 - 9474July 17, 2008
REPORT (MISC. #08122)
BY: Public Services Committee, Jeff Potter, Chairperson
RE: Board of Commissioners — Oakland County Court Appointed Attorney's
Annual Salary Increase
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee having reviewed MR #08122 on July 8, 2008 Reports
with the ieGurili neflulatiOrithe resolution be adopted.
Chairperson, on behalf of the Public Services Committee, I move the dUcupla nut of the
foregoing report.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote:
Potter, Scott, Gershenson, Potts. Gregory, Burns and Spector yes
• Middleton-no
Gingell absent,
REPORT (MISC. #08122) July 31, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY COURT APPOINTED ATTORNEYS' ANNUAL
SALARY INCREASE
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
The Finance Committee, having reviewed the above-mentioned resolution on
July 23, 2008 reports with the recommendation that_ the Now Therefore Be It
Resolved paragraph be amended as follows:
"NOW THERFORE BE IT RESOLVED that the FY 2009 and FY 2010 general nalry fee
increases for Oakland County Circuit Court and Family Probate Court appointed
attorneys match the FY 2009 and FY 2010 general salary increases of Oakland County
employees, effective as of the adoption of this resolution."
It is also recommended the title of the resolution read,
"BOARD OF COMMISSIONERS - OAKLAND COUNTY COURT APPOINTED ATTORNEYS' ANNUAL SALARY
FEE INCREASE'
FINANCE COMMITTEE
FINANCE COMMITTEE
Ayes: Douglas, Crawford, CouLter, Greimel, Zack, Kowall
Nays: Middleton, Long
Absent: Rogers, Potter, Woodward
ömrnissioner David Woodward
District #18
Chairperson, we move the adoption of the foregoing Resolution.
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,40,4_71 ;V Miscellaneous Resolution # 08122
BY: Commissioner David Woodward, District 418) / 6/e4
RE: Board of Commissioners — Oakland County Court Appointed Attorney's Annual Salary
Increase -77 gaitbv,5 ri 17
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this body recognizes, pursuant to the Michigan Constitution of 1963, in Article I,
Section 20, that an indigent person, charged with a crime is, "... to have the assistance of
counsel, for his or her defense" and "... to have such reasonable assistance as may be necessary
to perfect and prosecute an appeal"; and
WHEREAS from 2000 through 2007, there has been a 0.0% fee increase for Oakland County
court appointed attorneys; and
WHEREAS the Oakland County Board of Commissioners are committed to promoting fair and
equal justice on behalf of the indigent defendant, respondent, minor and incapacitated person.
NOW THEREFPRE BE IT RESOLVED that the annual general salary increase for Oakland
County Circuit Court and Family Court appointed attorneys match the general salary increase of
Oakland County employees, effective as of the adoption of this resolution.
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Resolution #08122 June 12. 2008
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
Resolution #08122 July 17, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #08122)- July 31, 2006
BY: FINANCE COMMITTEE, MIKE ROGERS CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — OAKLAND COUNTY COURT APPOINTED ATTORNEYS ANNUAL
SALARY INCREASE
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. Miscellaneous Resolution #08122 provides an increase to Court Appointed
Defense Attorneys and Guardians Ad Litem which would be equivalent to the
percentage of the general salary increase provided to County employees.
2. If the 1% general salary increase included in the FY 2009 County .Executive
Recommended Budget is adopted by the Oakland County Board of Commissioners,
then the total cost of the 1% Court Appointed attorney fee increase will be
$54,985 for FY 2009.
3. The County Executive Recommended Budget for FY 2010 includes a 2% general
salary increase, which if adopted, a similar . 2% increase in Court Appointed
attorney fees would result in an additional increase of $109,276 in FY 2010.
The total compounded cost increase for FY 2310 is $164,261.
4. The cumulative budget increase for FY 2009 and FY 2010 totals $219,246.
5. Beyond FY 2009 and FY 2010, M.R. #08122 as introduced purports to guarantee
Court Appointed Defense Attorneys future budgetary increases in fees equal
to any future percentage increase in general salaries adopted by the Board
of Commissioners. However, future Boards' of Commissioners are free to act
in accordance with their discretion.
5. A budget amendment will be recommended during the FY2009 and FY2010 budget
cycle.
FINANCE COMMITTEE
FINANCE COMMITTEE
Ayes:
Nays:
Absent:
Douglas, Crawford, Coulter, Greimel, Zack, Kowall
Middleton, Long
Rogers, Potter, Woodward
Resolution #08122 July 31, 2008
Moved by Potter supported by Potts the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Potts the Finance Commit;ee Report and Public Services Committee
Report be accepted.
A sufficient majority having voted in favor, the reports were acceptee.
Moved by Potter supported by Potts the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Groimel supported by Coulter the resolution be amended as follows:
"NOW THEREFORE BE IT RESOLVED that the FY-I .1 • : - : - fee
increases for Oakland County Circuit Court and Fafflily Probate Court appointed attorneys match the
FY-2009-and FY 2010 general salary increases of Oakland County employees in FY 2009, in FY
2010 and in all future fiscal years, so long as counties in the State of Michigan are responsible
for paying court-appointed attorneys, effective as of the adoption of this resolution."
Discussion followed.
Vote on dinendment:
AYES: Gershenson, Gregory, Greimel, Hatchett, Nash, Spector, Woodward, Zack, Burns,
Coleman, Coulter. (11)
NAYS: Gingell, Gosselin, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott,
Bullard, Crawford, Douglas. (13)
A sufficient majority not having voted in favor, the amendment failed.
Vote on resolution, as amended:
AYES: Gingell, Gregory, Greimel, Hatchett, Kowall, Nash, Potter, Potts, Rogers, Spector,
Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson. (19)
NAYS: Gosselin, Jacobsen, Long, Middleton, Scott. (5)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
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 July
31, 2008, 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 31st day of July, 2008
Ruth Johnson, County Clerk
PROgiffOREG RESOLUTION