good morning it's 11:00 a.m. I'm going to call the Public Services Committee
meeting to order and with that we'll have roll call please Spisz present Tietz here
McGillivray here Jackson is absent with notice Berman is not here yet Dwyer here you have a quorum
please join me in the pledge
yeah well thank you very much with that will last promotion for the approval of
the Menace from the September 28th 2017 meeting moved by commissioners biz
supported by Commissioner dates any discussion seeing none all in favor
signify by saying aye opposed same sign thank you now I'll ask for a motion that
approval of the agenda moved by Commissioner mcgillvary supported by
Commissioner spizz any discussion seeing none all in favor signify by saying aye
aye aye opposed same sign thank you I'll now open it up for public
comments if you come forward in you and that would like to make any comments yes
come forward please identify yourself in the city village or Township you live in
and we have a three-minute rule in effect for the agenda comments
hello my name is Karen Irwin and I live in Plymouth Michigan and I'm here about
the change your kennel again just want to make sure you guys are aware that
Lavonia on the same case has pressed charges of animal neglect and cruelty
five counts plus the absence of license tag on five individual dogs housed at
the kennel in Farmington Hills based on the same case pictures testimony as
Oakland County has and yet Oakland County is not pressing animal neglect
and cruelty charges and I'm just wondering if we can get an update on why
there is such a discrepancy between the two counties I just bring out just
briefly say I'm sure you're aware of it that is an ongoing investigation and it
is being presented to the prosecutor's office yeah on
when neglect is this bad I'm not sure I understand why the dogs are still housed
at that kennel conditions are so bad they're impacting their health
why haven't they at least been made to go to a different kennel that is better
conditions that isn't impacting their health and well-being
just wondering about that and if we can speed up the process at all I'll just
make a brief comment on you're aware that there's an agreement been reached
and that kennel is going to be closed permanently within the next month or so
the agreement that was reached which we have not been able to see so we don't
actually know what's in the agreement the agreement apparently is allowing
allowing this location to close it's not preventing her from moving elsewhere
taking her dogs with her which is just the same neglect so yes this facility
specifically in Farmington Hills is closing that does nothing to help the
animals that are in that facility so yes the agreement has this facility
closing and if you are all happy with that agreement I am NOT the agreement
does nothing to protect the animals and I'll rest my case there thank you for
your comments anyone else like to make public comments Pam
good morning good morning thank you for giving me the opportunity to speak again
today I'll be real quick the last time I was here yes answered Oh found her a
puppy mill awareness to Southeast Michigan I'm also the founder of
Michigan Friends of companion animals and I'm also district clear if you mean
Society the United States um the last time I was here I presented my animal
cruelty study which took me a long time its covers a three year period of
tickets that were pressed processed through the court system through animal
control I had our attorneys looking at it I have my colleagues look at and it
is ready for publication I have presented the summary to mr. Newman I
have not been able to meet with the department but we do have we've
incorporated a recommendation so I will be forwarding the entire study and
recommendations to the committee and I would love to have a meeting to just
talk about opportunities for improvement but I also wanted to add on to what
Karen had to say we don't agree with the agreement I brought this this binder
here this includes all the documents that were part of the June 1st
inspection in Farmington Hills which was prepared by senior officers and Ron
shangkun they did a good job this is this is a lot of evidence a lot of
photos and this is this is shows evidence of cruelty and one thing I
noticed in this packet was a letter from the county's veterinarian who inspected
the dogs is pretty powerful letter and I think she you can feel her frustration
in this letter and she talks about the five freedoms that these dogs do not
have
that letter was removed from the electronic copy it's not available in
the public records that I was provided later it's only the hardcopy
so I don't know if it was actually pulled or not but I will be providing
that letter from the veterinarian that proves nine dogs were impacted by the
conditions any other agency would have removed all the animals and not allowed
her to try to seek treatment it looks like treatment was not provided
I think we had a strong case in June I think the department did a good job I
think maybe some man different decisions were made that we should have not been
made to make an agreement and that's why we keep coming back I am also here today
to meet with Commissioner Gershon since she is part of Farmington Hills and she
wants to help work on some solutions in this case and overall at the shelter so
we have we're gonna provide some recommendations to her as well today to
try to cope with some ideas to to move forward so I I hope the department will
meet with me about this study that's what I'm really hoping for and so
hopefully mr. Newman will meet with me today briefly or at a designated time
thank you for your comments thank you thank you anyone else okay seeing none
will close public comments and move to our regular agenda in the first item is
the Department of Public Services Community Corrections a vision repeal of
pa by 1-1 ineligible offense list misses move by Commissioner spizz supported by
mr. McGilvery and as our presenters we have Barbara Hankey and Eric Smith okay
good morning good morning yes Barbara Janke I'm the manager for Community
Corrections and Eric is the chief of field operations for Community
Corrections so this resolution that we're bringing before you today is to
repeal the current miscellaneous resolution that established the
eligibility criteria which was originally established back in 1994 and
then amended in 2002 the PA 511 statute state statute was amended in 2014
and so this resolution is really just bringing the language to be consistent
with what is currently in the public Act any questions okay seeing none roll call
vote yes yes yes motion carries unanimously
anything else to report bourbon um we're very busy it's a really really busy time
I will be seeing you all again hopefully soon we're going to contract
negotiations for those of you who remember that nightmares last year it
took us five months to get through the contract with the state so court council
is on it they're doing a great job memory we're right back in the same bug
that we were last October so I'll see you again hopefully in a couple of
months all right thank you very much thank you our next item is the Sheriff's
Office Oakland County Health Network reimbursement for jail alliance with
support for the jaws program and inmate care worker position and this will be an
automatic direct referral to the planets committee and as our presenter moved by
mr. teets supported by Commissioner Montgomery and we have executive
lieutenant McCullen is that correct yes Jack the lieutenant and Matt Costello
and your position I'm sorry supervisor the program services unit supervisor
program well thank you for being here you wanted to the board how are you guys
doing today very good we're here to for the
reimbursement of the Oakland County's health networks for the gel Alliance
with support program as it relates to two part-time case worker positions and
one full-time position and we'll answer any questions you may have
okay well open it up for any discussion seeing none roll-call vote pretty easy
today see right yes yes where yes motion carries unanimously
thank you for being here this morning and a new report from sheriff Bouchard
or the ender Sheriff well we are wearing today our support just want to bring
attention to the pink badges they were authorized to wear and support and
service breast cancer awareness for the whole entire month of October it's great
excellent thank you moving on to our next item a circuit court approval for
yishun of one additional Circuit Court Judge ship which would be effective
January 1st 2019 and this move by Commissioner teeths supported by
Commissioner spizz and we have as our presenters Kevin off shiner is it
oftener oftener yeah and with you I judge Lisa Linton I thought so judge
welcome you again so I would you like to pry this with the information needed
sure I would first of all commissioners I want to thank you for considering this
request we appreciate it and we appreciate her time very much with me is
judge Lisa lengthened a judge lengthen and a former life was so one of the
administrators for the Circuit Court she has been dealing with family division
matters for a long time and is very very knowledgeable about all things family
division so she graciously gave up her time this morning she's very busy but so
I'll be happy to come down and answer any questions and I'll get into why
specifically the family division in a moment in order to get a new judgeship
in any of the trial courts in the state of Michigan to approvals are required
there has to be legislative authority and there has to be funding unit
approval so legislative authority has already been obtained there is a bill
that was signed that authorizes a new Circuit Court Judge ship for this
Circuit Court affected January 1 2019 the second part of that
is the resolution that's before you that resolution if approved would then allow
for the Circuit Court judgeships oh it's not approved just because there's
legislation until you approve it you might be wondering why the January 1
2019 date and why we're coming down now so early two reasons one is that state
law requires that a resolution be adopted by the board and if that
resolution is adopted it has to be submitted to the state court
administrative office something like 17 weeks before the August primary so if
you go backwards that's sometime in mid April of next year so that's partly why
we're doing it a little early but even more so candidates who might be
interested in the judgeship should it be approved have to get nominating
petitions they have to circulate those that could be a couple month process and
I think that those typically are submitted by a deadline in April so
they're gonna want to start probably December or January and that's one of
the reasons for the primary reason we're coming down so early with this request
the effective date as I mentioned would be January 1 2019 if approved I
mentioned the Family Division and that Judge LinkedIn has signed a Family
Division docket as you see in the resolution our intent is to assign the
benches to intent is to assign this judgeship should it be approved to the
Family Division just so you you may not know the Circuit Court basically has
four different kinds of cases that adheres it has Family Division cases and
I'll get into that a little bit more explicitly in a moment business court
cases general civil cases and criminal cases so we really have kind of two
divisions or three divisions in the circuit court we have judges who have a
civil criminal docket we have judges who have a business court criminal docket
and then we have judges who have a family docket and in the family docket
those are very important cases because they're dealing with families that with
children some of the cases that judge lengthen
and her colleagues here in the family docket are neglect matters the
termination of parental rights juvenile delinquency matters adoptions divorce
cases involving children and not involving children those that involve
children often have parenting time custody and support issues associated
with them and the Supreme Court has placed a great
deal of emphasis on hearing those cases in a timely way and right now our need
is in the Family Division and so the bench unanimously or without objection
has agreed that this judgeship should it be approved will be assigned to the
Family Division of the circuit court the county executive supports this request
that were grateful for that support and lastly you'll see in the resolution that
our judges did this on their own volition
they although it's entirely possible we could have been asked to do this but
even before that the judges said we feel that this is important enough that we're
going to make this request we don't want any budget impact on the county so the
judges agreed that they're going to cut make budget cuts those cuts will come
from the Sheriff's Department I'm sorry I misspoke they're actually going to
come from the circuit court and we haven't actually finalized those budget
cuts yet but we're in the process of doing that our bench will be voting on
that and in you'll see in your 2019 budget request from the court then
should this resolution be approved cuts that will equal be equal to or greater
than the cost of the new judgeship so that it will be budget neutral to the
county that's kind of a real high level we know that there may be some questions
so we're more than happy to answer those I don't know if judge Lincoln has any
additional comment sir but we're here to answer questions that you might have
could you explain what type of cases are handled by the the Family Court and the
increases that you've experienced over the last couple years because I know
there's been a dramatic increase as far as the workload and that's one of the
main reasons I believe that you're asking for this new
shit correct right so I'm happy to answer that and I brought visual aids
today too so I brought my calendar so you can see what our calendar is like
and I'm not gonna lie I'm happy to get around but I guess the point is that I'm
like our calendar looks kind of like this so every day we have emergency
things that we must deal with we have personal protection orders that we must
deal with we have weekly motion calls that are motion calls now average about
40 motions a morning these are my motion call dockets 60% of those are post
judgments so the numbers that you see on new case filings that's you know sort of
relevant but what you don't see on there because it's not-it's captured nowhere
which drives me insane but it's all the post judgment work so whenever a
whenever we get a divorce judgment final we still have jurisdiction over that
case as long as there's one child under the age of 18 so like for instance my
motion call on any given week probably it's probably about 60% of them our post
judgment matters so not new cases at all and so that's what's dramatically
affects our docket we also hear juvenile neglect and abuse delinquency cases and
what I want to say about those is if you look at the time guidelines that the
state court administrator believes is a fair and reasonable time to dispose of
these cases all the time a child gets placed into care or taken out of their
home until the time that we can try this case we are woefully behind in that
which is shameful to us we are vigilantly work
on that but our caseload is such we basically have to have for each neglect
area they have to have three trials three mini trials we have to have a
trial run jurisdiction which can be a jury trial I had one this last week you
have to have a trial on statutory basis and then you have to tab to trial on
best interest each case gets three trials and each case is likely have
about four lawyers so trying to coordinate four lawyers and a prosecutor
in a few weeks time is a nightmare for us
given our volumes so we are not getting those done in the way that we should be
getting them done and we are in the process of trying to revamp our whole
juvenile system to try to cut days off of this trying to use technology and
some of the things but it's it's bottom line scheduling so we hear an abuse
neglect their personal protection orders we have several thousands of those a
year we've just recently had a PPO visiting judge starting part-time PPO
visiting times but we've just given us some relief those are the non-domestic
so so we don't we keep all of our domestic stuff because sometimes they're
tied to neglect cases and in domestic cases another domestic side you hear
children are domestic divorces with kids without kids we hear all the paternity
actions filed by the prosecutor's office we hear separate child support cases
separate child custody cases and any well surrogacy cases I mean I can go on
but those are the general that's the general workload that we have and our
numbers our numbers for the number of judges we have hearing
and we're doing our best to manage that but we're right now if you wanted a
trial in front of me you would be looking in January which is sad because
some of these cases deal with you know kids and families in parenting time and
custody and support and those are immediate attention we can't get to me
thank you judge appreciate that any any other questions yeah mr. McGill ring
yeah don't get me wrong I'm not saying that I'm opposed to adding a judge yeah
but I'm gonna vote no today and the reason I'm going to vote no is because I
have no backup material I have a resolution in front of me that says that
you want there's no effect well I need backup material as to what
it's gotta cost here we have and most importantly the need for this some way
you can demonstrate the need I wouldn't be a good Commissioner fiscal steward of
the taxpayers money if I just vote YES for this so today I'm going to be voting
no and hopefully I'd get some backup mr. Smith
question about so right now in Oakland County between the probating Circuit
Court judges we have 23 judges and we have 24 courtrooms so I mean we may have
to do some adjusting or moving around but we have the facilities to do it we
will not be asking money for that to mr. McGill ring I'd also like to see a
breakdown of total cost and its staff judgeship it's and you know I mean
you're hopefully in the past when you've seen our budget we it's the same as what
you which mine is and I think we have a total number well I can address the cost
real quickly uh the cost for new judge chef is about 360
to 370 thousand and that includes the for support personnel every judge has a
staff attorney a secretary and two court clerk's and then there's operating costs
they have to have computers telephones and so forth so it's about 360 to 370
thousand the judges salary is paid for entirely by the state judge Lincoln gets
two paychecks paychecks bi-weekly she gets one from the county and one from
the state and then the county is reimbursed in full quarterly for the
cost of the county checks that their judges received so the judge is sort of
free except there are a few fringe benefit costs that the county does fair
but we're committed to so if it's three hundred and seventy thousand we're going
to make three hundred and seventy thousand dollars in cuts in our budget
so that it's budget neutral to the county so I can I can put that
commissioner in more of a spreadsheet format for you but that those are the
numbers okay thanks any other questions Commissioner teeth
additional judges sufficient to solve these problems or in two years are we
going to be back at the table same issues so it's a really good question
and we've always had we're not really we're not asking for less work and
that's how I look at this request so and we really believe looked hard within our
own numbers to see if we can divert other judicial resources which we
recently did when the twenty when actually when my seat came on board in
2014 if you recall that was judge MacDonald's C and we suspended judge
McDonald C when he retired to save money to meet our budget tasks our cuts that
were so significant several years ago and so when we restored that C we put it
in family division we knew the need was there and that was a help but I think
the long-term answer is that our belief is the additional judgeship will give us
not just relief for us but what allow us to serve our cases in a much efficient
way and then it also takes away some of the wrangling within the ranks to try to
see if we could deport more judges that we thought about taking another judge
out of the civil criminal but we've already taken one from them business
court is likely going to need more resources so we're robbing Peter to pay
Paul so we believe that with this additional judgeship at least for the
foreseeable long-term future we would be good sure yeah Mike we need put the
resources behind this because I think as you outlined it's a special type of
Cruelty to have to tell a family or a child oh it's another four months or six
months and that's a special type of cruelty that in government we should
always try to avoid so thank you and I guess my my point would be let us know
if this continues to be a issue as far as the timeline getting scheduled to
come that's why people just like government you can't get things
processed and then it's also why many of us are involved in government so that's
why I brought my schedule because I want you to see it's not that I have all
these blank days and I'm not trying to get work done it's that I don't have one
things to get things to know I'm trying to be field aware transparent here it is
yeah and it's hard to define our work on Commissioner of Gilbert because part of
it is you see numbers for new case filings but what we can't what they
don't put out there what scheme doesn't have a line item for is all the
post-judgment work we have so all of that is is not recorded so it's very
frustrating to us because even if the numbers are increasing by one or two
percent the amount of extra work we do when the hearings we set are many times
for cases I haven't seen in five years but here you go here's another issue
that just came up they want to change schools they want to move out of state
whatever those are our cases still forever so so judge handle trial abuse
cases percentage-wise what do they represent child abuse cases in family
court so the numbers are percentage-wise ten percent of our cases the workload
associated with that is probably 40 percent of our brothers so this new
judgeship wouldn't go into effect until 2019 are we creating an additional
hardship on these cases as far as child abuse cases I mean
the best we can and so the one of the little bit of relief from the visiting
PPO judge which by the way if this goes through we will get rid of the visiting
judge so that'll go towards the cost of the new judge I mean we will manage how
we've been managing but we've come to the point where we've determined you
know we just got our workload performance Pharmacy County Oakland
County we out of the five big counties we are at the bottom of the step time
she might my concern based on my background is the child abuse cases
because I I continue to see them you know no matter what city or county
you're in and so it's a major concern a major problem they're complicated cases
they require a lot of work there are hours and hours and days and days of
trial and we will continue to do the best we can to make sure those are at
the top of the stack and that's that's what our thank you any other questions
not roll call vote please thank you
yes yes yes motion carries anything else to offer -
Thank You commissioners we appreciate anything down they will Auto BER 18
yeah there's direct referral
it will move to communication so we have three items I need a motion to receive
and file a little bit mr. spizz or big mr. McGilvery all in favor signify by
saying aye aye opposed same sign okay other business I believe we have
yes please yeah mr. mark Newman who's the deputy county executive in charge of
many areas including Animal Control will give us an update on the investigation I
thought you were deputy well I did and you know why cause it deserve it because
you deserve it
it's progressing and long at the shelter in Farmington Hills
we had an inspection a couple of weeks ago that inspection like the report to
me was that the animals had been groomed she's down to 16 instead of it was an
improvement over the over the previous visits the vet needs are being addressed
so they're under vet care we're satisfied that is moving along
November 8th will be the hundred 20th day which is the agreement that the
county negotiated with in her attorney remember the egg will be
the final movie so and we will do an inspection that day also so that's where
that's at as you know tomorrow is our grand
opening our new facility looking forward to that hope you can make it any
questions any questions yeah we've negotiated with them that we would do
for inspections over that period over that four month period so surprise
inspections or little surprise inspection or no no as far as the case
of the president obviously no trust your Commissioner you know they don't they
don't write them cases so they're and they're not going to and just wait and
see what they mean to speak that won't give some kind of a ruling well I don't
know what
well thank you very much you're very welcome to shoot that is very any other
business seeing none just a note our study group on gun
violence will convene the following this meeting and with that we're adjourned
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