Amended 2/16/06
JUDICIARY
February 2, 2006
Minutes
Members Present: Tina Weatherwax-Grant, Dianne Holman, Deb Nolan, Rebecca Bahar-Cook, Randy Schafer and Steve Dougan
Members Absent: None
Others Present: John Neilsen, Harry Moxley, Christine Timmon and Judge Collette
The meeting was called to order by Chairperson Weatherwax-Grant at 7:30 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the January 12, 2006 Minutes
MVOED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO APPROVE THE JANUARY 12 MINUTES AS SUBMITTED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
Additions to the Agenda
4. Update Regarding Chinn Study
5. Project Sentry – Update
6. Delhi Township – Adoption of Michigan Motor Vehicle Code as Township Ordinance
Limited Public Comment
Ms. Timmon expressed her concerns and support for Judge Collette. She stated she has never witnessed any racism on the part of Judge Collette.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. DOUGAN, TO APPROVE THE RESOLUTION REQUESTING CONTINGENCY FUNDS TO ASSIST IN MEETING CASE MANAGEMENT DEMANDS DURING AN EXTENDED MEDICAL LEAVE. .
Mr. Neilsen suggested the Committee approve the following technical amendment to the BE IT FURTHER RESOLVED paragraph in the Resolution: “line item up to $3,000 if necessary.” The Committee consented to this amendment.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
3. Board Referrals
a. Civil Rights Case, Legal Representation for the Honorable William Collette
(Comm. Bahar-Cook arrived at 7:36 p.m.)
Judge Collette stated Mr. Neilsen and Chairperson Celentino were kind enough to advise him the County Attorney would not be able to represent him in the current matter before the Michigan Civil Rights Commission. He then respectfully requested the Board of Commissioners authorize approximately up to $2,000 for legal representation from a private attorney.
Judge Collette explained the Ingham County Prosecutor has requested a review of the situation by the State Court Administrator’s Office. He has been informed by the Office that such an investigation would take place. Retired Probate Court Judge Marvin Robertson has been appointed by the Supreme Court to conduct the investigation.
Judge Collette stated the Lansing State Journal has not received any letters supporting claims of racism on his behalf. It has been very rewarding to receive the support from so many people within our community.
Chairperson Weatherwax-Grant asked that Judge Collette advise this Committee once the investigation has completed. Comm. Dougan asked how much time would be needed for the investigation. Judge Collette stated the Supreme Court has not dealt with this issue before; therefore, the length of the investigation is unknown.
Comm. Holman asked if the investigation would include a review of the caseload at the Court. Judge Collette stated the Supreme Court will investigate the rumors and allegations made against him. He then explained how this situation started.
Chairperson Weatherwax-Grant stated this Committee appreciated Judge Collette’s willingness to share this situation with the Committee.
b. Letter from James Jackson Supporting Judge Collette
The letter was received and placed on file.
Chairperson Weatherwax-Grant stated this item was placed on the agenda primarily for Comm. Bahar-Cook’s benefit. Mr. Neilsen stated the Background Information is included in his memorandum to this Committee, dated January 26, 2006. A 2006 priority of the Board of Commissioners is to continue to implement recommendations resulting from the system-wide evaluation of programs and placements for delinquent juveniles, including the CCJR, and from the development strategies by the Youth Violence Prevention Coalition. Child Care Funds and the Juvenile Justice Millage funds will be used to expand the juvenile justice system in a manner that is most appropriate for the County in order to foster appropriate behavior, apply appropriate sanctions and to reduce criminal recidivism. This Committee will discuss what to do with the remaining Juvenile Justice Millage funds and where the Committee will go from this point.
Chairperson Weatherwax-Grant stated the 2005 Judiciary Committee invited many area stakeholders to meetings. The stakeholders addressed the Committee regarding how they could assist the County in meeting its juvenile justice goals. YVPC’s efforts have been increased and the County has developed a broad partnership with stakeholders. Chairperson Weatherwax-Grant stated the process has been longer than expected; however, the County there has been bigger and better progress than it originally envisioned.
Comm. Holman stated she had felt concerned with the timeline. Now that she looks back, Comm. Holman stated she can see what has been implemented and the direction the County is taking. Some people still will be brought onboard to assist with the County’s goals. Comm. Holman further stated she has submitted a letter to the State Journal which generally describes where the County is as a result of the Juvenile Justice Millage. She then suggested the Committee provide periodic updates to the public.
Comm. Dougan expressed his concern regarding the number of private placements. Judge Collette stated the private placement numbers are higher than anticipated. It is not known if the numbers will continue to increase. Judge Collette stated the Judges will hold a meeting to discuss this and other issues.
Chairperson Weatherwax-Grant recommended the Court be reminded there are new beds on line that are not being used. The County pays for those beds even though they are not in use. Mr. Neilsen explained the Private Institution budget will be overspent again. Staff has asked the Court for a review of this matter.
Judge Collette stated he was unaware of the private placement numbers until today. He stated he would be happy to email Judge Lawless regarding this matter. It could be the Court is not yet used to the new beds.
Comm. Bahar-Cook stated she was interested in the status of the unspent millage funds. Comm. Nolan requested data regarding the use of Clarinda Transitional and Footprints. Chairperson Weatherwax-Grant stated she would request the Court to report on this matter in the near future.
Judge Collette asked Mr. Neilsen to remind him to suggest to Judge Lawless that she attend this Committee’s next meeting to address its concerns. Comm. Holman requested information as to how the Court tracks the bed use. Comm. Dougan asked for information regarding the lengths of the long-term placements. He expressed his concern that extended placements increase the County’s costs.
(Comm. Schafer left the meeting at 8:06 p.m.)
Chairperson Weatherwax-Grant stated Ms. Chinn has been very vocal that at least one-third of the out-of-state placements should be brought back to the community. Once additional programming is brought on line, another one-third of the placements can return home.
4. Update Regarding Chinn Study
Chairperson Weatherwax-Grant informed the Committee that Ms. Chinn has drafted a report on her study. Once Ms. Chinn receives feedback from the steering committee, she will incorporate that information into her report before presenting it to this Committee. Ms. Chinn will speak with this Committee prior to finalizing her report. Chairperson Weatherwax-Grant stated the Committee meeting time may be changed from 7:30 p.m. to 7:00 p.m. when Ms. Chinn is available to present her report. This meeting will be widely publicized prior to the date of the meeting. With this Committee’s consent, Chairperson Weatherwax-Grant stated she would schedule that meeting for March 2, 2006. The date of the afternoon public hearing has not been determined.
Chairperson Weatherwax-Grant stated a new mission statement would be created to envision the County’s goals. Some of the goals include the implementation of the Continuum of Care model, creating a comprehensive juvenile assessment center to provide assessment opportunities for high risk youth who have not yet entered the court system. Other goals include enhancing truancy sanctions and treatments, creating a day treatment program, expanding community based treatment services, establish crisis respite beds similar to Angel House.
Chairperson Weatherwax-Grant stated data is available to back up the recommendations. She thought Ms. Chinn’s recommendations made sense in lieu of her findings. Comm. Holman state there are many options to consider. Chairperson Weatherwax-Grant also stated there is room for dialogue regarding how the County will proceed. She further recommended that when this Committee receives the final report, it concentrate on addressing the first few recommendations. Stakeholders should be invited to the discussions of the recommendations.
Comm. Nolan asked if the Chinn Study specifically addressed the YLS Assessment Tool. Chairperson Weatherwax-Grant stated the Study will assume the use of the Tool; however, different versions of the Tool may be recommended. Comm. Nolan suggested the County look into grant funds to support the recommendations. Chairperson Weatherwax-Grant informed the Committee that she has requested a legal opinion regarding the grant issue.
In response to Comm. Bahar-Cook, Chairperson Weatherwax-Grant stated the study will include nine or ten recommendations. The very impressive study will provide the County with a blueprint to take it down the road for some time. Chairperson Weatherwax-Grant further stated she is very optimistic about the recommendations. Comm. Holman stated the study did not “re-invent the wheel.” It is an actual action plan.
Judge Collette stated there are a number of Judges who are very receptive to new ideas and thoughts. Some Judges are not that receptive. A majority of the Court will support good ideas from the study. The process of handling juveniles should be changed. This will not be an easy process but there are glimmers of hope.
Mr. Neilsen stated the Board of Commissioners has a lot of common ground with the Court. Once the YLS Assessment Tool was put into place, the Board has done everything requested by the Court with the exception of building a new treatment facility. The Chinn study will include alternatives to building a new treatment facility.
Judge Collette stated he believes the Board has made a great deal of progress. Chairperson Weatherwax-Grant stated she believes the Court and the Board share the same goals regarding the treatment of juveniles.
In response to Comm. Dougan, Chairperson Weatherwax-Grant stated the study will include all the financial implications of the recommendations.
5. Project Sentry – Update
Mr. Neilsen stated Project Sentry would appear before this Committee probably in March to discuss its short and long term plans. Project Sentry received grant funding since 1998 which covered half of the business costs. This grant has since ended and the program is now trying to surviving on program income and fees. Project Sentry requested a $165,000 subsidy in the County’s 2006 budget process. County staff instructed Project Sentry to review their budget once again.
Staff met with Dr. Gallagher and Ms. Sabaj to discuss Project Sentry’s future. Dr. Gallagher may retire in April of this year. The retirement would create different opportunities for the program. Mr. Neilsen expressed his concern regarding Project Sentry’s long term financial viability.
Mr. Neilsen also stated Project Sentry has lost a lot of business due to the opening of many other such programs. The program could be reconstituted after the proposed retirement. It could be eliminated and the Courts would be told to use the other vendors; however, there will be a balloon payment if the lease is terminated before five years.
Mr. Neilsen stated the two main concerns facing Project Sentry are its declining revenues and the probable retirement of Dr. Gallagher this spring. Options will be presented to this Committee in March for this Committee’s consideration.
Judge Collette stated the Circuit Court and the Probate Office entered into an agreement that if drug testing services are needed, the tests would be performed by Project Sentry. The 55th District Court should also use Project Sentry since it is an Ingham County Court. Mr. Neilsen stated the Circuit Court usage of Project Sentry has been steady.
6. Delhi Township – Adoption of Michigan Motor Vehicle Code as Township Ordinance
Mr. Neilsen informed the Committee that Delhi Township has recently adopted the Michigan Vehicle Motor Code into its policy, effective January 19, 2006. This action will impact the District Court’s budget. Other local municipalities have used this policy for many years. The County was not aware of Delhi Township’s change due to the holidays.
The current contract with Delhi Township expires at the end of this year. Staff has had informal discussions with Mr. Elsinga, Delhi Township, regarding this issue. Mr. Neilsen stated he believes Delhi Township was not aware of the consequences of their action.
Announcements: None
Public Comment
Ms. Timmon expressed her continuing concerns regarding the Juvenile Justice Millage. She refers to the ballot language to determine appropriate use of the Millage funds. Other than this concern, she stated the County is doing a good job.
Ms. Timmon apologized to Judge Collette for his current situation.
The meeting adjourned at 8:46 p.m.
Respectfully submitted,
Debra Neff