HomeMy WebLinkAboutResolutions - 2008.10.23 - 9637Miscellaneous Resolution #08060
BY: Commissioner David T. Woodward, District 18
RE: Board of Commissioners — Prohibiting Further Appeal of Recall
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on October 29, 2007, the Oakland County Election Commission (OCEC)
received a petition seeking the recall of Michigan state Representative Marie Donigan; and
WHEREAS former Republican Oakland County Commissioner Tom McMillin, who is the
chairperson of the Michigan Republican Party's Issues Committee, is leading the effort to
recall Representative Donigan; and
WHEREAS on November 16. 2007, the OCEC, which is comprised of Oakland County
Clerk Ruth Johnson, Oakland County Treasurer Patrick Dohany, and Oakland County
Probate Court Judge Eugene Moore, heard the arguments of the recall petitioners and of
Representative Donigan and then issued a 2 to 1 opinion; and
WHEREAS on November 21, 2007, Representative Donigan filed a complaint in the
Oakland County Circuit Court seeking a Declaratory Judgment that the language of the
recall petition was not adequately clear; and
WHEREAS the Oakland County Corporation Counsel secured the outside counsel of John
J. Lynch and Christian E. Hildebrandt of Vandeveer Garzia, P.C.; and
WHEREAS on February 6, 2008, the case of Donigan v Oakland County Election
Commission was heard by Oakland County Circuit Court Judge Shalina Kumar, who
granted summary disposition for Representative Donigan, ruling that the recall petition
language was not adequately clear and overturning the opinion of the Oakland County
Election Commission; and
WHEREAS the OCEC decided to appeal the ruling of Judge Kumar and filed an appeal
with the Michigan Court of Appeals on February 20, 2008; and
WHEREAS Oakland County Corporation Counsel continues to retain the outside legal
counsel of Vandeveer Garzia, P.C. to handle the legal work of the appeal; and
WHEREAS Oakland County taxpayers have already incurred, and continue to incur,
substantial legal costs as a result of the retention of outside counsel to hand the appeal;
and
WHEREAS the Oakland County Circuit Court has already ruled on the matter; and
WHEREAS further legal action is a waste of taxpayer money, especially in light of the
tough economic times that Oakland County residents are facing.
Chairperson, *et move the acjeption of the foregoing Resolution.
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NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
determines that utilizing outside counsel to handle the appeal of the Oakland County
Circuit Court's decision in Donigan v Oakland County Election Commission is a waste of
taxpayer money: and
BE IT FURTHER RESOLVED that, effective on the date this resolution is adopted, the
Oakland County Board of Commissioners requests that the Oakland County Corporation
Counsel discontinue the use of Vandeveer Garzia, P.C., or any other outside counsel, to
handle the appeal of the decision in Donigan v Oakland County Election Commission; and
BE IT FURTHER RESOLVED that, effective on the date this resolution is adopted, the
Oakland County Board of Commissioners no longer authorizes, and explicitly prohibits, the
expenditure of any county funds to pay Vandeveer Garzia, P.C., or any other outside
counsel, to handle the appeal of the decision in Donigan v Oakland County Election
Commission; and
BE IT FURTHER RESOLVED that the Board of Commissioners requests that the Oakland
County Clerk forward a copy of this resolution to the Oakland County Corporation
Counsel, the Oakland County Treasurer, the administrator of the Michigan Court of
Appeals, the clerk of the Michigan Court of Appeals, and the Vandeveer Garzia, P.0 law
firm
Commissioner Commissioner
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Resolution 108060 March 20, 2008
The Chairperson referred the resolution to the General Government Committee. There were no
objections.