ADOPTED - FEBRUARY 12, 2008

Agenda Item No. 26

Introduced by the Judiciary and County Services Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO ENTER INTO AN AGREEMENT FOR A POLICY FOR THE OPERATION OF COMPUTER NETWORK, INTERNET ACCESS AND EMAIL

 WITH THE CIRCUIT COURT

RESOLUTION #08-034

WHEREAS, the County provides certain information technology services and equipment to the Circuit Court; and

WHEREAS, the State Court Administrative Office (SCAO) has recommended to the courts of Michigan, that when a court is provided any of its communications systems through its funding unit, the court should establish policies and procedures, written in collaboration with the funding unit, for the control and monitoring of the court’s information to assure that the information is maintained in a protected and confidential manner; and

WHEREAS, pursuant to MCL 15.232(d) (v), the judiciary is not a “public body” for the purposes of the Michigan Freedom of Information Act and its judicial documents are exempt from FOIA.

THEREFORE BE IT RESOLVED, that the Board Chairperson is authorized to sign the attached agreement with the Circuit Court upon approval as to form by the County Attorney.

JUDICIARY:  Yeas:  Weatherwax-Grant, Tennis, Bahar-Cook, Holman, Nolan, Schafer

Nays:  None           Absent:  None    Approved 1/31/08

COUNTY SERVICES:  Yeas:  Nolan, De Leon, Copedge, Soule,  Severino

 Nays:  None           Absent:  Grebner    Approved  2//05/08

AGREEMENT

THIS AGREEMENT, made and entered into by and between the COUNTY OF INGHAM, acting by and through its Board of Commissioners, and the THIRTIETH JUDICIAL CIRCUIT COURT.

WHEREAS, the parties are desirous of entering into an arrangement pertaining to a policy for the operation of computer network, internet access and e-mail; and

            WHEREAS, the Thirtieth Judicial Circuit Court has issued a local Administrative Order pertaining to that matter; and

WHEREAS, the Ingham County Board of Commissioners has reviewed that Administrative Order and concurs with its terms.

THEREFORE, FOR AND IN CONSIDERATION, of the mutual covenants hereinafter contained the parties hereto agree as follows:

            1.         The County agrees to the terms of Administrative Order -__________.  The County or the Court may terminate this arrangement by providing the other party with ninety (90) calendar days written notice.

            2.         Notwithstanding any contrary provision, this Agreement is not to be construed to abrogate the FOIA requirements and/or any other law.  This may include, but is not limited to, financial and/or other information sent to the County by the Court.

                                                                                   By:        _________________________________

                                                                                    Marc O. Thomas, Chairperson

                                                                                    County Board of Commissioners

                                                                        Date: _________________________________

                                                                        By:       _________________________________

                                                                                    William Collette, Chief Circuit Judge

                                                                                    Thirtieth Judicial Circuit Court

                                                                        Date:     _________________________________