Amended 1/10/08
JUDICIARY
November 29, 2007
Minutes
Members Present: Rebecca Bahar-Cook, Andy Schor, Tina Weatherwax-Grant, Dianne Holman, Deb Nolan, Randy Schafer and Board Chairperson Marc Thomas
Members Absent: Rebecca Bahar-Cook
Others Present: John Neilsen, David Easterday, Sara Deprez, Rick Terrill, Maureen Winslow, Jim Hudgins, Matthew Myers, Tom Shewchuk, Sara Snyder, Kate Nolan, Zoe Fine, Lauren Berardo, Joe Gentilozzi, Anethia Brewer and Judge Aquilina
The meeting was called to order by Vice Chairperson Schor at 7:00 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the November 15, 2007 Minutes
MOVED BY COMM. NOLAN, SUPPORTED BY COMM. HOLMAN, TO APPROVE THE NOVEMBER 15 MINUTES AS SUBMITTED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
Additions to the Agenda
2. Substitute Resolution
Limited Public Comment: None
1. Judiciary Committee – Resolution Honoring Susan Le Duc
MOVED BY COMM. NOLAN, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE RESOLUTION HONORING SUSAN LE DUC.
Comm. Holman asked if additional language could be added to the Resolution to reflect all of Ms. LeLuc’s contributions to the County.
Additional language will be added to this Resolution by staff. A substitute will on the Board agenda.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
2. Circuit Court – Resolution to Adopt a Policy for the Operation of the Thirtieth Judicial Circuit Court Computer Network, Internet Access and Email Policy
MOVED BY COMM. NOLAN, SUPPORTED BY COMM. HOLMAN, TO APPROVE THE RESOLUTION TO ADOPT A POLICY FOR THE OPERATION OF THE THIRTIETH JUDICIAL CIRCUIT COURT COMPUTER NETWWORK, INTERNET ACCESS AND EMAIL POLICY.
Mr. Easterday stated it is not uncommon for the Court to receive requests for information. The requests have increased due to the Judge Nettles-Nickerson situation. The Court has discussed how to ensure that judicial use of internet and email information not be garnered under a FOIA request. Mr. Easterday stated the Court consulted with the MIS Director and the County Attorney’s Office on this matter.
The purpose of the Policy is to isolate Court information while following County policies for web and email information.
Mr. Shewchuk explained the only information the Court uses that is intermingled with other County data is email. It will take about 30 minutes to make the appropriate changes.
The Committee held a general discussion regarding this matter. Comm. Schafer asked what type of information the public can request from the Court. Mr. Easterday stated the Court is not subject to FOIA requests; however, a person can request and pay for a copy of a Court transcript. A few judges were concerned about email and internet uses. A local administrative order covers these uses.
Vice Chairperson Schor stated Comm. Bahar-Cook had a question regarding item 1d of the Policy. She wants to know if the County has a written policy regarding employee abuses of County information. Mr. Easterday stated the Court’s action can only pertain to Court employees. Mr. Myers stated each department head makes the determination for his/her employees regarding any such abuse.
Comm. Nolan asked about the difference between the original Resolution and the Substitute Resolution. Mr. Easterday explained some of the Administrative Order language was removed per the advice of the County Attorney.
Board Chairperson Thomas asked what information would not be available to the public under this Policy. Mr. Shewchuk stated the County Attorney has a booklet which identifies information that is subject to FOIA requests. Mr. Easterday stated internet usage by the Judges is not subject to FOIA requests. Board Chairperson Thomas stated internet use by a Judge should be subject to such requests. Mr. Shewchuk stated discussions between Judges are not subject to FOIA requests.
Board Chairperson Thomas asked what the Court’s intent is to keep information from the public. Mr. Shewchuk stated the Court wants to protect witnesses. Judge Aquilina stated legal research should not be available to the public. Board Chairperson Thomas stated the Policy should reflect that emails regarding the budget should be subject to FOIA. Judge Aquilina stated FOIA has a procedure to ensure the protection to the public and the government.
Board Chairperson Thomas asked if Judge Collette signed the Policy. Mr. Easterday stated Judge Collette did sign the Policy. Board Chairperson Thomas stated he emailed Ms. Bennett and Mr. Easterday stating that he assumed the Policy would not be signed by the Judge until it was signed by the Board Chair. Board Chairperson Thomas further stated he wants to ensure that information the public should have is still available.
Mr. Shewchuk stated he would provide copies of the pamphlet to the Committee members.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
Board Chairperson Thomas stated his concern that the Policy was signed by the Judge before he signed same. He then asked the Committee to reconsider its vote on this matter so that it can be brought back to this Committee. Vice Chairperson Schor stated this matter will go before the County Services Committee. If County Services approves the Resolution it will be pulled on the Board floor.
3. District Court
a. Discussion – Upgrade Request for Court Administrator and Chief Probation Officer
Judge Aquilina stated she has a plan to raise the required funds for the upgrade request. The District Court has a growing need to make adjustments to relieve the over-burdened staff. Judge Aquilina further stated Ms. Brewer is over-burdened and her duties go well beyond the scope of administrative duties. Ms. Brewer regularly works more than 10 hours a day and she also takes work home.
Judge Aquilina stated the Chief Probation Officer has duties outside the Office. The duties of both positions have been reviewed. The positions have been reorganized to make the Chief Probation Officer Ms. Brewer’s assistant. Judge Aquilina explained the work load of the Officer will be shared among the other probation officers.
The cost of the reorganization is $12,000. Judge Aquilina stated she believes the funds can be raised from the last ticket changes. Additionally, a pop/water vending machine will generate more than $12,000 per year. The reorganization will be cost effective and will also assist the efficiency of the District Court.
Judge Aquilina stated she would appreciate this Committee’s support of her request. She then stated Judge Boyd will be Chief District Court Judge as of January 1, 2008.
Comm. Nolan complimented Judge Aquilina for providing funding sources with her requests. She then stated her concern that the County does not have a process for upgrading positions. Judge Aquilina stated Mr. Klebba reviewed the Rey Study in relation to this request. The Study indicates that Mr. Brewer’s classification should be increased. Ms. Brewer is not requesting this increase but she should be paid for her worth to the County.
Mr. Neilsen explained that this is a discussion item this evening. Comm. Nolan stated she would like to have the Human Resources information when the Resolution is submitted to this Committee. She then stated she has no doubt that the two people deserve the proposed increases; however, the requests should follow normal County procedure.
Judge Aquilina stated she would like the changes to occur prior to the end of this year.
Comm. Holman supported Comm. Nolan’s position and stated it may be better to wait until the new year. Judge Aquilina stated she has been looking at this matter for a long time. The need will not change.
Vice Chairperson Schor stated this Committee will make its determination after it reviews the Human Resource information. He then stated this Committee appreciates the Court’s information on this matter.
b. Resolution to Authorize a Temporary Position at District Court to Assist in Meeting Case Management Demands
MOVED BY COMM. NOLAN, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE THE RESOLUTION TO AUTHORIZE A TEMPORARY POSITION AT DISTRICT COURT TO ASSIST IN MEETING CASE MANAGEMENT DEMANDS.
Mr. Neilsen informed the Committee that the six-month cost figure in the Resolution should be changed from $15,323 to $14,323.
Comm. Schafer asked if these funds would be returned to the Contingency Fund. Mr. Myers indicated the funds would not be returned to the Contingency Fund. Comm. Schafer stated he will be hard pressed to approve this request after the Sheriff’s Office took a hard hit in the 2008 budget. Vice Chairperson Schor stated the temporary position will also benefit the Sheriff’s Office.
The Committee consented to a FRIENDLY AMENDMENT to the THEREFORE BE IT RESOLVED paragraph as follows: $32,432 was changed to $14,323.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
4. Controller’s Office
a. Resolution to Authorize the Purchase of Our Savior Lutheran Church and School for the Purpose of Housing the Continuum of Care Facility
MOVED BY COMM. WEATHERWAX-GRANT, SUPPORTED BY COMM. NOLAN, TO APPROVE THE RESOLUTION TO AUTHORIZE THE PURCHASE OF OUR SAVIOR LUTHERAN CHURCH AND SCHOOL FOR THE PURPOSE OF HOUSING THE CONTINUUM OF CARE FACILITY.
Mr. Gentilozzi distributed a Purchase Timeline to the Committee. He then reviewed the Timeline. The anticipated closing date is June 30, 2008. Our Saviour Lutheran’s rental agreement expires on December 1, 2008.
Vice Chairperson Schor asked if contact has been made to the surrounding neighborhood. Mr. Gentilozzi stated he didn’t think the neighborhood had been contacted regarding this matter. Board Chairperson Thomas stated Comm. Copedge should be involved in this process.
Comm. Weatherwax-Grant stated there is no intent to house youth in this facility over night.
Mr. Terrill stated the $300,000 is for renovation purposes. Mr. Myers stated furnishing the facility will probably cost another $300,000.
Comm. Weatherwax-Grant stated if we do due diligence and find accessibility issues, we have room to reduce the price or to get out of the contract.
The Committee consented to a FRIENDLY AMENDMENT to include “from the Juvenile Justice Millage” at the end of the THEREFORE BE IT RESOLVED paragraph.
Comm. Nolan stated this is the most expensive item she has voted on in her three years on the Board and this is the most exciting item she has voted on. She also stated she is very pleased with this purchase.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
b. Resolution Authorizing Adjustments to the 2007 Ingham County Budget and Authorizing the Controller to Make Year End Budget Adjustments
MOVED BY COMM. WEATHERWAX-GRANT, SUPPORTED BY COMM. NOLAN, TO APPROVE THE RESOLUTION AUTHORIZING ADJUSTMENTS TO THE 2007 INGHAM COUNTY BUDGET AND AUTHORIZING THE CONTROLLER TO MAKE YEAR END BUDGET ADJUSTMENTS.
Mr. Neilsen stated this Resolution does not include the drain tax issue. A substitute Resolution will be submitted to the County Services Committee.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Bahar-Cook
Announcements
Comm. Nolan introduced her daughter and friends to the Committee. She stated they are here for their government class.
Public Comment: None
The meeting adjourned at 8:37 p.m.
Respectfully submitted,
Debra Neff