Amended 9/30/04
JUDICIARY
September 8, 2004
Minutes
Members Present: Tina Weatherwax-Grant, Dianne Holman, Mark Grebner, Mary Stid, Randy Schafer and Board Chairperson Victor Celentino
Members Absent: Calvin Lynch
Others Present: John Neilsen, Jerry Ambrose, Teri Younger, Jared Cypher, Val Drought, Christine Timmon, Nervy Oliver, David Easterday, Sue LeDuc, Don Reisig, Harry Moxley and George Strander
The meeting was called to order by Chairperson Weatherwax-Grant at 6:01 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Additions to the Agenda: None
Limited Public Comment
Ms. Timmon expressed her continuing concerns regarding the Juvenile Justice Millage expenditures.
1. Budget Hearings
Mr. Ambrose reviewed the Budget Hearing procedure for the Committee. Comm. Schafer stated he has read the budget overviews and is ready to offer a consent agenda for all items.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. STID, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
a. Circuit Court
1. Circuit Court – General Trial Division
3. Circuit Court – Family Court Division
b. Community Agency Appropriation
c. District Court
d. Friend of the Court Advisory Committee
e. Jury Administration
a. Circuit Court
1. Circuit Court Trial Division
Judge Collette stated the Circuit Court – General Trial Division is extremely happy with the Controller’s Recommended Budget with the exception of one minor point. He then addressed the issue of two, three-quarter time temporary positions. Judge Collette explained the temporary Deputy Probate Registers (Registers) primarily transport and reorganize huge volumes of paperwork.
(Comm. Grebner arrived at 6:08 p.m.)
In the past, the Court has used excess funds within its budget to help fund these positions. Currently, the County’s hiring freeze does not allow departments to use excess funds in this manner. The Court’s funding of these positions will end in March 2005. An additional $25,000 will be needed to fund the positions through the end of 2005.
Judge Collette stated the Court would appreciate this Committee’s assistance with this matter.
Comm. Schafer and Comm. Stid withdrew their consent agenda motion.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. HOLMAN, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE CIRCUIT COURT- GENERAL TRIAL DIVISION.
Mr. Ambrose explained the Controller’s Recommended Budget for 2005 does not include any position lay offs. The hiring freeze will be in force for two months. The hiring freeze helps to balance the 2005 Budget. Mr. Ambrose further stated he understands the department’s concerns regarding the hiring freeze. However, if the Court realizes some potential savings, the Controller’s Office would be willing to reconsider their funding request.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
Mr. Neilsen informed the Committee that when it approves the Controller’s Recommended Budget, it is also approving the capital improvement budgets.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. GREBNER, TO PLACE $25,000 ON THE Z LIST FOR TWO, THREE-QUARTER TIME TEMPORARY DEPUTY PROBATE REGISTERS IN THE GENERAL TRIAL DIVISION. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
2. Circuit Court – Family Court Division
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. GREBNER, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE FAMILY COURT DIVISION.
Mr. Oliver stated the Family Court Division is satisfied with the Controller’s Recommended Budget. However, funding was not included for office expansion and a residential treatment facility in this County. The Court will discuss these items with this Committee during the upcoming months.
Comm. Stid asked about the office space. Mr. Oliver explained that additional space is needed for file storage. Also, space will be needed for in 2005 for possible staff increases.
Comm. Grebner inquired as to the increase in residential placements. Mr. Oliver stated the assessments are revealing a higher number of youth who need services. He further stated that once the group homes are on line, the placement numbers should decrease.
This issue was discussed further. Comm. Grebner expressed his concern that this problem is as great a threat to the County’s financial situation as the revenue sharing issue. Mr. Reisig stated that all Court staff can do is work with the Board of Commissioners and deal with issues as they are recognized. Comm. Grebner stated this is a serious budget issue. This Committee should have been informed of the increase in placements. Mr. Oliver stated the new group homes should positively affect the current numbers. A realistic number would be 24 youth in out-of-home placements.
Comm. Holman asked how the Juvenile Justice Millage funds fit within the Controller’s Recommended Budget. Mr. Ambrose stated the Millage funds are included in the budget expenditures. The Board of Commissioners has authorized 12 new beds that will be on line in 2005. He further explained that the costs are ‘instead of’ not ‘on top of’ costs. When the Court is ready to expand the local capacity, the Millage funds will be redirected appropriately.
Comm. Holman stated she would like to see the Board and the Court work together to make the additional changes in youth services as the group homes come on line.
Chairperson Weatherwax-Grant commended Mr. Oliver and Mr. Reisig for their frequent discussions with this Committee. She stated she hopes these discussions will continue in 2005. She also expressed her appreciation to the Court for their honesty and frankness during these discussions.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
3. Circuit Court – Friend of the Court Division
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. GREBNER, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE FRIEND OF THE COURT DIVISION.
Mr. Reisig stated the Friend of the Court Division can live within the Controller’s Recommended Budget. However, there is also a concern regarding temporary help funds which were not included in the Controller’s Recommended Budget. The temporary employees often help address certain situations related to MCIS requirements.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
b. Community Agency Appropriation
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE COMMUNITY AGENCY APPROPRIATION. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
c. District Court
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE DISTRICT COURT. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
d. Friend of the Court Advisory Committee
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE FRIEND OF THE COURT ADVISORY COMMITTEE.
Ms. Leduc informed the Committee that St. Gerard’s has agreed to provide supervised visits for the Friend of the Court. Some of the funds within this budget will be spent on that service.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
e. Jury Administration
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. STID, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR JURY ADMINISTRATION. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
f. Probate Court
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE PROBATE COURT.
Judge Garcia stated the Probate Court is satisfied with the Controller’s Recommended Budget. He then stated the restoration of the three-quarter time register is desperately needed. He further explained that he believes this is a restoration issue, not a staff increase issue.
Judge Economy distributed information to the Committee regarding this issue. He then stated at least one clerk is needed to share between the two Probate Judges.
Chairperson Weatherwax-Grant agreed with the premise of the Controller’s Recommended Budget for the Probate Court. However, she is compelled to support the Court’s request for the register due to the increase in case load.
Comm. Grebner stated the Supreme Court and the legislature need to address this issue. He then stated the Circuit and the Probate benches should merge. If they merged, it may be possible to reclassify a position to address the law clerk issue. He further stated the request for the three-quarter time position should not be addressed as a restoration request. The duties and expectations of the past position have changed. (language deleted) He understands that a great deal of issues have been pushed on to the Court staff without appropriate funding.
Judge Economy explained that the Court’s request is not to reopen the Mason Office. That Office was closed in an effort to provide more efficient services to the public. This goal has not been met.
Comm. Schafer stated he also is sympathetic to the Court’s position. However, he also respects the Controller’s Recommended Budget. Therefore, he stated he would be reluctant to add a position due to the current budget constraints. Comm. Schafer then stated it seems the Circuit Court could share its law clerks with the Probate Court. He would give the parties a big hug once a sharing agreement has been reached.
Chairperson Weatherwax-Grant stated this is the first time she has heard that public services have been jeopardized at the Probate Court. This Committee should recognize this issue and address it appropriately.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
MOVED BY COMM. STID, SUPPORTED BY COMM. SCHAFER, TO PLACE $25,000 ON THE Z LIST FOR A ONE-HALF TIME DEPUTY PROBATE REGISTER POSITION. MOTION CARRIED with Comm. Grebner voting NO. Absent: Comm. Lynch
(language deleted)
Judge Collette stated the Probate Court public services are not being jeopardized.
2. Final Ranking
MOVED BY COMM. GREBNER TO PLACE THE TWO THREE-QUARTER TIME POSITIONS FOR THE CIRCUIT COURT – GENERAL TRIAL DIVISION ON THE Z LIST AS THE FIRST ITEM. MOTION DIED due to lack of support. Absent: Comm. Lynch
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. STID, TO RANK THE ONE-HALF TIME DEPUTY PROBATE REGISTER POSITION AS ITEM NUMBER ONE ON THE Z LIST AND TO PLACE THE TWO THREE-QUARTER TIME TEMPORARY EMPLOYEES ON THE Z LIST AS ITEM NUMBER TWO. MOTION CARRIED with Comm. Grebner voting NO. Absent: Comm. Lynch
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SCHAFER, TO FORWARD THE JUDICIARY COMMITTEE’S BUDGET RECOMMENDATIONS TO THE FINANCE COMMITTEE ALONG WITH THE Z LIST ITEMS WITH THE RECOMMENDATION THAT THESE ITEMS ONLY BE FUNDED IN THE EVENT THE REVENUE SHARING ISSUE IS RESOLVED FAVORABLY. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Lynch
The Committee held a brief discussion regarding other budget issues.
Announcements
Chairperson Weatherwax-Grant informed the Committee that its next regular meeting is next Thursday.
Public Comment
Ms. Timmon commended Comm. Holman for her tracking of the Juvenile Justice Millage expenditures. She then stated she would continue to monitor these expenditures.
Ms. LeDuc stated she is sympathetic with the Probate Court’s position. The case load in the Probate Court is a problem.
The meeting adjourned at 7:42 p.m.
Respectfully submitted,
Debra Neff