Approved 6/1/04
COUNTY SERVICES
Members Present: Marc Thomas, Debbie DeLeon, Curtis Hertel, Mike Severino, John Nevin and Board Chairperson Victor Celentino
Members Absent: Chris Swope
Others Present: Jerry Ambrose, Harold Hailey, Bob Moore, Christine Timmon, Gene Wrigglesworth, Don Reisig, Tim Perrone, Diane Holman and others
The meeting was called to order by Vice Chairperson Thomas at 7:04 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the May 4, 2004 and May 4, 2004 Closed Session Minutes
MOVED BY COMM. DELEON, SUPPORTED BY COMM. HERTEL, TO APPROVE THE MAY 4 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Swope
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. DELEON, TO APPROVE THE MAY 4 CLOSED SESSION MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Swope
Additions to the Agenda
Resolution Regarding Great Lakes Water Withdrawals and Exports
Limited Public Comment
Ms. Timmon addressed the Committee regarding its interview of an applicant for a County commission. She then spoke about her concerns relating to Closed Sessions and the Friend of the Court.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. HERTEL, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Swope
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. HERTEL, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Swope
a. Historical Commission Interviews
The Committee interviewed Judith Silsby and Jim MacLean for positions on the Historical Commission.
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. DELEON, TO RECOMMEND THE APPOINTMENT OF JUDITH SILSBY AND JIM MACLEAN TO THE HISTORICAL COMMISSION. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Swope
The Committee interviewed Debra Voss and Katy L. Brown for a vacancy on the Housing Commission.
The Committee did not take any action on this item this evening because there were two applicants for one vacancy. The Committee would discuss this item further before making a recommendation.
Mr. Reisig explained the Friend of the Court budget shortfalls in 2003 and 2004 are due to reductions in incentive funding from the State of Michigan. The shortfalls are not due to the Court's overspending. The Court believes the incentive revenue decrease will create a structural shortfall of approximately $200,000 in the FOC budget for this and future years. Additional reductions in funding for 2004 will result from a reduction in CRP reimbursement of $117,086 for MIS services (the result of Maximus over-billing for such services in prior years), and a $20,000 reduction in statutory fees because of the Court's inability to "prioritize" their collection due to limitations engendered by our conversion to the MiCSES system.
Mr. Reisig's April 21, 2004 memorandum to Mr. Ambrose outlines the Court's proposed reductions for 2004 in order to partially offset the above shortfall of $337,086. The reductions include: the Restructuring of the Parenting Time Program; the Reduction of MIS Office Equipment Service Charge; the Reduction in Postage and Computer Supplies line items and Reduction in Personnel Costs Due to Staff Attrition. These reductions will result in lowering the FOC General Fund shortfall by $157,908. However, even with these reductions, the Court anticipates a deficit of $179,178 for 2004.
Mr. Reisig further explained the reduction in incentive funding is a statewide issue and does not reflect a "sub par" performance on the part of Ingham County FOC. The change in FOC collections have exceeded the state average in each of the last three fiscal years.
Mr. Ambrose distributed Friend of the Court Net GF Cost informational sheets to the Committee for their review. A separate Resolution will be submitted to the Finance Committee and the Board meeting requesting to replenish the Contingency Fund. This issue will be more thoroughly explained during the Finance and Board meetings. However, if the Board does not approve the replenishment, the FOC will not receive the funds it has requested.
The Committee discussed this issue further. Mr. Reisig explained the Parenting Time position will be recreated in another form so that it will be reimbursed by the State. The Court is proposing to eliminate one position, transfer one position and to restructure duties as outlined in Mr. Reisig's memorandum.
Mr. Reisig addressed Comm. Severino's questions regarding video equipment in the courtroom. A State Administrative Order addresses this issue for every court in this State.
MOVED BY COMM. HERTEL, SUPPORTED BY COM. DELEON, TO APPROVE THE RESOLUTION AUTHORIZING AMENDMENTS AND CONTINGENCY FUND APPROPRIATION TO THE CIRCUIT COURT/FAMILY DIVISION - FRIEND OF THE COURT. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Swope
2c. Parks Board - Discussion Item - Michigan Commission on Law Enforcement Standards (MCOLES) Certification for County Parks Officers
Mr. Perrone, Corporate Counsel, stated his letter of May 13, 2004 is an update to his letter of February 15, 2004. This letter was distributed to the Committee. The previous letter advised the Committee that the Michigan Commission on Law Enforcement Standards (MCOLES) is undertaking a State-wide review of all certified law enforcement officers. This review is to ensure that all certified law enforcement officers meet the statutory requirements for certification, including being regularly employed by a law enforcement agency.
MCOLES has determined the Ingham County Park Police are not regularly employed by a law enforcement agency, and there is no direct statutory authorization for the Parks Board as currently structured under 1917 PA 156 to employ law enforcement officers. The County Parks officers are currently being certified pursuant to a Stipulation and Order entered into between Ingham County and the State Police in 1990.
Mr. Perrone further explained the Attorney General and MCOLES have indicated they will seek to dissolve the 1990 Stipulation and Order. If this happens, the County Parks Officers would no longer be certified, unless:
Since the Parks Officers serve seasonally or part-time, the first two options would have significant drawbacks. The third option has political ramifications. The 1965 Act requires the Parks Board to have ten members, at least four of whom must be public officials, i .e., a road commissioner, the drain commissioner, the chair of a planning commission and one County Commissioner. The Board of Commissioners has the discretion to appoint the remaining six members of the Parks Board, two of whom could be County Commissioners. As restructured, the Parks Board would remain under the "general control" of the County Board.
Mr. Perrone stated MCOLES held a special meeting on April 29, 2004 in Lansing. During this meeting, MCOLES outlined its actions since 1998 to bring all affected agencies in line with its interpretation of the MCOLES statute with regard to the requirement that a certified law enforcement officer be regularly employed by a "law enforcement agency." At the end of the April 29 meeting, MCOLES adopted a motion to cease recognition of the certification of officers employed by public entities that are not "law enforcement agencies." This decertification is to occur on September 15, 2004. Public entities must restructure their agencies to conform with MCOLES' interpretation of the MCOLES Act.
A presentation has also been made by a representative of the Attorney General regarding proposed legislation that would authorize a County or multi-jurisdictional entity to create a law enforcement agency and to employ certified law enforcement officers, with the approval of the Sheriff and the Prosecutor, upon their determination that the proposed law enforcement agency is needed to assure adequate public safety. A law enforcement agency created under this proposed legislation also requires the creation of a law enforcement agency oversight committee. Proposed HB 5907 would amend the MCOLES Act to broaden the definition of "law enforcement officer" to comport with the proposed Public Body Law Enforcement Agency Act. This new legislation could be passed by the time the legislature takes its summer recess.
Mr. Perrone explained that if the legislation is adopted, the County could establish the Parks Police as a law enforcement agency. There would be no need to restructure the Parks Board or to alter the Parks Officers' employment. This new authorization could also be applied in other areas, including Animal Control.
Mr. Perrone stated the best option at this point would be to wait and see whether the proposed legislation is adopted. If it is adopted, the County could take appropriate action to establish the Parks Police as a law enforcement agency. This would ensure the Parks Board as restructured, would continue to be designated as the employer of Parks Officers, sufficient to qualify them as certified law enforcement officers without reliance upon the 1990 Consent Judgment.
Mr. Perrone informed the Committee that the Prosecutor is concerned that the State has not had ample opportunity to review the situation. Mr. Moore stated it is very important to maintain the Parks Police in is current form. The County has provided this service for many years. The Sheriff's Office provides the necessary oversight. Mr. Wrigglesworth commended Mr. Perrone for his concise explanation of this issue. This issue has been ongoing for several years. Mr. Wrigglesworth further stated he is willing to work with the Parks Board to resolve this matter. However, he would not recommend the Sheriff's Office have direct oversight of the Parks Police due to budget concerns.
Mr. Perrone explained that Sen. Byrum is drafting a bill which would incorporate language from PA 1917 and the 1990 Stipulation and Order into one document.
Comm. Severino stated the Sheriff does have a valid concern regarding the Office's oversight of the Parks Police. He then asked if Animal Control would be affected by this issue. Mr. Perrone stated Animal Control could possibly fit under the proposed legislation. Animal Control Officers are not currently certified. They operate under special certification of the Sheriff's Office.
This discussion continued. Mr. Ambrose stated is seems the County should work with MCOLES to pass new legislation to maintain the current operation of the Parks Police. Mr. Wrigglesworth informed the Committee that he could keep this Committee up to date on this matter since he is a member of MCOLES.
Vice Chairperson Thomas stated it is the consensus of this Committee to maintain the Parks Police in its current format if possible.
Mr. Ambrose stated this information addresses the concerns of some Commissioners regarding the roles of the various liaison committees in the annual review and development of bargaining parameters for labor negotiations. This information will be supplied to the other liaison committees.
Vice Chairperson Thomas informed the Committee that he placed this item on the agenda at the request of a constituent. This Committee is not being asked to take any action on this matter tonight. Comm. Nevin stated he may have to abstain from any future votes on this matter due to his current employment situation.
Comm. Nevin reviewed the details of this issue. The threat of bulk export of Great Lakes water poses a great risk to this State. The bulk export could devastate ecosystems, significantly impair the State's manufacturing economy, undermine tourism and cause significant new taxpayer costs for dredging and shoreline relief. Michigan is one of the few Great Lakes States that lacks any statutory controls on the amount of water that any entity can withdraw from groundwater or surface water. Governor Granholm has urged the Michigan Legislature to enact the Water Legacy Act to being setting a legal framework for the withdrawal of water from Michigan.
Comm. Nevin stated he would be happy to work with Comm. Thomas on this matter. Vice Chairperson Thomas stated he would work with Comm. Nevin on a second draft of the Resolution.
The Board Referral was received and placed on file after a brief discussion.
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. DELEON, TO ENTER A CLOSED SESSION FOR THE PURPOSE OF RECEIVING A LABOR RELATIONS UPDATE. MOTION APPROVED BY THE FOLLOWING ROLL CALL VOTE. YEAS, COMMS. THOMAS, DELEON, HERTEL, SEVERINO AND NEVIN. Absent: Comm. Swope
The Committee entered into a Closed Session at this time.
The Committee returned to Regular Session at this time.
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. DELEON, TO FORWARD THE EMPLOYER GUIDELINES TO THE FINANCE COMMITTEE. MOTION CARRIED with Comms. Severino and Nevin voting NO. Absent: Comm. Swope
Announcements: None
Public Comment: None
The meeting adjourned at 8:53 p.m.
Respectfully submitted,
Debra Neff