Y- 2~-,s~ - City of Flint

16
EM SUBMISSION NO.: /E i11~1 c2W2c2tl/5’ PRESENTED: Y- 2~-,s~ ADOPTED: U - 02,~Z. /$ RESOLUTION APPROVING CONSOLIDATION OF THE SIXTY-SEVENTH AND SIXTY-EIGHTH DISTRICTS OF MICHIGAN’S DISTRICT COURT AND TAKING RELATED IMPLEMENTING ACTIONS BY THE EMERGENCY MANAGER: There currently are, within the boundaries of Genesee County, two districts of Michigan’s District Court, being the 67th district, which consists of the county of Genesee except the city of Flint, and the 68th district, which consists of the City of Flint (“Flint”). In June, 20 t 3, the Michigan Supreme Court State Court Administrative Office, in its biennial Judicial Resources Recommendation and in order to more effectively utilize judicial resources throughout Genesee County, recommended that the Legislature consolidate the above referenced 67th and 68th districts; (“the Districts”). In Act No. 60 of the Public Acts of 2014 (“Act 60”), effective March 27, 2014, the Legislature authorized the governing bodies for the County of Genesee (the “County”) and the City of Flint (the “City”), by adopting approving resolutions, to effect such a consolidation, under which consolidation the 68th district would be abolished and the 67th district would consist of the entire county of Genesee. Then incumbent 68th District Court Judges would become Judges of the 67th District Court and Flint would become the fifth election division of the 671h district. The Genesee County Board of Commissioners (the “BOC”), in Resolution No. 14-531 (“Resolution 531”) adopted December 10, 2014, approved the consolidation of the Districts, which Resolution fhrther provided that the Resolution would take effect when the City, through its duly authorized representative, had also approved the consolidation and the County and the City had approved a Memorandum of Understanding relating to implementation of the consolidation. The BOC adopted Resolution 531 with the affirmative votes of eight of the Board’s nine members. Following the BOC’s adoption of Resolution 531, representatives of the County and the City agreed upon a proposed Memorandum of Understanding (the “MOU”) as required by that Resolution. A copy of the MOU is Attachment A of this Resolution. In Resolution No. 15-138 adopted April 13, 2015, the BOC approved the MOU. On April 10, 2015, as Emergency Manager for the City (“EM”) pursuant to the Local Financial Stability and Choice Act, being Act No. 436 of the Public Acts of 2012 (“Act 436”), Michigan Compiled Laws (“MCL”) sections 141.1541 et seq., I submitted to the Flint City Council (the “Council”) my following proposed and here summarized actions: approving the consolidation of the Districts; approving and signing the MOU; joining with the County in terminating, effective January 2, 2016, the lease be ween the County as Landlord and the City as

Transcript of Y- 2~-,s~ - City of Flint

EM SUBMISSION NO.: /E i11~1 c2W2c2tl/5’

PRESENTED: Y- 2~-,s~ADOPTED: U - 02,~Z. /$

RESOLUTION APPROVING CONSOLIDATION OF THE SIXTY-SEVENTH ANDSIXTY-EIGHTH DISTRICTS OF MICHIGAN’S DISTRICT COURT AND TAKING

RELATED IMPLEMENTING ACTIONS

BY THE EMERGENCY MANAGER:

There currently are, within the boundaries of Genesee County, two districts ofMichigan’s District Court, being the 67th district, which consists of the county of Genesee exceptthe city of Flint, and the 68th district, which consists of the City of Flint (“Flint”).

In June, 20 t 3, the Michigan Supreme Court State Court Administrative Office, in itsbiennial Judicial Resources Recommendation and in order to more effectively utilize judicialresources throughout Genesee County, recommended that the Legislature consolidate the abovereferenced 67th and 68th districts; (“the Districts”).

In Act No. 60 of the Public Acts of 2014 (“Act 60”), effective March 27, 2014, theLegislature authorized the governing bodies for the County of Genesee (the “County”) and theCity of Flint (the “City”), by adopting approving resolutions, to effect such a consolidation,under which consolidation the 68th district would be abolished and the 67th district would consistof the entire county of Genesee. Then incumbent 68th District Court Judges would becomeJudges of the 67th District Court and Flint would become the fifth election division of the 671hdistrict.

The Genesee County Board of Commissioners (the “BOC”), in Resolution No. 14-531(“Resolution 531”) adopted December 10, 2014, approved the consolidation of the Districts,which Resolution fhrther provided that the Resolution would take effect when the City, throughits duly authorized representative, had also approved the consolidation and the County and theCity had approved a Memorandum of Understanding relating to implementation of theconsolidation. The BOC adopted Resolution 531 with the affirmative votes of eight of theBoard’s nine members.

Following the BOC’s adoption of Resolution 531, representatives of the County and theCity agreed upon a proposed Memorandum of Understanding (the “MOU”) as required by thatResolution. A copy of the MOU is Attachment A of this Resolution.

In Resolution No. 15-138 adopted April 13, 2015, the BOC approved the MOU.

On April 10, 2015, as Emergency Manager for the City (“EM”) pursuant to the LocalFinancial Stability and Choice Act, being Act No. 436 of the Public Acts of 2012 (“Act 436”),Michigan Compiled Laws (“MCL”) sections 141.1541 et seq., I submitted to the Flint CityCouncil (the “Council”) my following proposed and here summarized actions: approving theconsolidation of the Districts; approving and signing the MOU; joining with the County interminating, effective January 2, 2016, the lease be ween the County as Landlord and the City as

Tenant, for a portion of the McCree Courts and Human Services Center (the “Courts Center”),660 S. Saginaw Street in Flint (the “Lease”), which Lease is the means through which the City,as the district funding unit for the 6gth District Court district, provides quarters for the 68thDistrict Court; and approving use by the 67~ District Court, commencing January 2, 2016, offurnishings, equipment and supplies which had been in the possession of the 6gth District Courton January 1, 2016 and of the City later conveying to the County such of those fhrnishings,equipment and supplies as the 67” District Court has either used or wishes to have available forits use. The Council, on April 20, 2015, approved these proposed actions. A copy of City ClerkInez M. Brown’s certification of this Council approval is Attachment B of this Resolution.

The City has reached tentative agreements with AFSCME Locals 1600 and 1799regarding separation agreements for all 6 8th District Court employees, other than CourtRecorders, who would be laid off as a result of the consolidation, through closure of 63th DistrictCourt and the elimination of the 68th District Court district. The highlights of the agreements areas follows: 1) a severance package in the amount of $1,000.00 per year of seniority up to a totalof $10,000.00; 2) medical benefits, as provided under applicable collective bargainingagreements, but extended through April, 2016; 3) certain medical benefits for employees whodefer retirement as a result of the separation; and 4) certain hiring preferences at the City of Flint.

BE IT RESOLVED that, based upon extensive investigation and review of facts relevantto the proposed consolidation of the Districts, I find as follows:

1. The proposed consolidation would more effectively utilize judicialresources throughout Genesee County.

2. The proposed consolidation, as projected to be implemented in accordancewith the MOU, would save the City a total of approximately $8.4 millionin the aggregate, during the period 2016 through 2025. The projectedbases for these estimated savings through 2025 are set forth in anAttachment C of this Resolution, which attachment is incorporated in thisResolution by reference. Even if the costs of the anticipated employeeseparation benefits as referenced above, reduced however by any creditfrom the County for furnishings, equipment and supplies which were usedor wished to be retained by the 67th District Court, were to be treated as areduction of the $8.4 million in aggregate savings through 2025, theestimated aggregate savings through 2025 would still exceed $8.1 million.The savings from the consolidation would be realized at an even greaterrate subsequent to 2025. These savings would allow the saved funds to beused for important public purposes, such as public safety and addressingthe long term structural deficit in City finances.

3. The MOU provides a reasonable plan for implementation of the proposedconsolidation, including but not limited to:

a. Establishment of a ~ Division of the 67~~ District Court(the “5th Division”). The orgahizational structure for the 5thDivision would include the five Judges of the fifth electiondivision, their five SecretarylRecorders and at least two

Probation Officers. The Probation Officers would beprimarily assigned to servicing cases which have arisenFlint. Probation Officers perform important services withinthe criminal justice system in monitoring and facilitatingrehabilitation of offenders. The 68th District Courtcurrently has no Probation Officers.

b. Providing for reimbursement by the City of the excess ofexpenses over revenues associated with operation of the 5th

Division, subject however to reimbursement maximums asto both amounts and duration as stated in the MOU.

4. Subject to the continuing need for use by the Flint City Attorney’s Officeof a small suite of offices in the Courts Center, which continued use isprovided for in section 9 of the MOU, the City will have no need to use, orto provide for the use of the 68th District court, space in the Courts Center,once the 67th District Court commences having the entire county ofGenesee as its district. Termination of the Lease, effective upon thatcommencement, would end the City’s obligation to pay rent under theLease, which rent for the current year is $735,312.

5. The consolidation of the Districts would be a unique situation withinGenesee County. It would be in the interest of citizens of Flint that the67th District Court, upon commencing on January 2, 2016, to regularlyprovide District Court services regarding cases which have arisen withinFlint be able to undertake those additional services as effectively andefficiently as reasonably possible. The provisions in paragraph I Od of theMOU, under which fhrnishings, equipment and supplies which had beenin the possession of the 68th District Court on January 1, 2016, wouldbecome immediately available for use by the 67th District Court onJanuary 2, 2016, and could thereafter be retained by that Court, wouldsignificantly assist such effective and efficient provision of court services.The arrangements regarding such furnishings, equipment and supplies,applying as they would to a unique situation, are reasonable and in theinterest of the citizens of Flint.

6. Consolidation of the Districts and implementation of the MOU wouldstrongly serve the interest of the public within the city of Flint.Accordingly, it also is in the interest of the Flint public that theconsolidation and the MOU be approved now, in order to permit theconsolidation to take effect January 2, 2016, as provided for in section8134(4) of the Revised Judicature Act (“RJA”) as amended by Act 60,MCL 600.8134(4), and in order to allow the 67th District adequate time toprepare for undertaking regularly providing court services with respect tocases that have arisen in Flint.

BE IT FURTHER RESOLVED that, upon due consideration of the matters stated above inthis Resolution, and pursuant to my authority under Act 436, and especially but not limited to myauthority under sections 12(1)(r) and 12(2) of that Act, MCL sections 14l.1552(1)(r) and141.552(2), 1 hereby take, and as respectively maybe the case will take, the following actions:

A. Consolidation of the Districts is approved, as authorized by RJA section8 134(4).

B. The MOU is approved, and upon adoption of this Resolution I will signoriginals of the MOU on behalf of the City.

C. Termination of the Lease, effective January 2, 2016. is approved, and uponadoption of this Resolution I will sign, on behalf of the City, originals of atermination document substantially conforming to the form of documentattached to this Resolution and designated Attachment D, which form isincorporated into this Resolution by reference.

D. Appropriate City officials and personnel are directed to implement the MOUincluding, without limitation, implementing section 10, paragraph d, thereof,relating to furnishings, equipment and supplies that shall have been inpossession of the 63th District Court on January 1.2016.

APPROVED AS TO FORM: APPROVED AS TO FINANCE:

~ A/PALPc r 1W. Bade, ity Attor>. Dawn Steele, Deputy Finance Director

Natasha L. Hei~äerson, City A ministrator

EM DISPOSITION:

ENAC REFER TO COUNCIL FAIL

A DATED:________Gerald Ambrose, Emergency Manager

S:\CMP\\Vard Cl1apman\Resolution Approving Consolidation.doc

ATTACHMENT A

Memorandum of Understanding Relating to Consolidation of the 67th and 6Wh DistrictCourt DisMets (4-9-15 RevIsion)

The parties to this Memorandum ofUnderstanding (This “MOU”), ~bich is entered intoas ofApril 13,2015, are the County of Genesee, a Michigan county corporation whosebusiness address is 1101 Beach Street, Flint, lvii 46502 (the “CounY’). and the City ofFlint aMiehiganmunicipal oorporationwhose business address is 1101 S. SaginawStreet flint, MI 48502 (the “City”).

2. There currently are two District Court districts within the boundaries of Genesee County,being the 67” district, which consists ofthe county of Genesee except the city of Flint,and the 68” district which consists of the city ofFlint In June, 2013, the MichiganSupreme Court State Court AdministratiVe OMee, in Its biennial Judicial ResourcesRecommendations, recommended that the Legislature consolidate the 67” and 68”District Court districts and provide that the city ofFlint would be a separate electiondivision ofthe 67°’ district The consolidation ‘was recommended in order to moreeffeotively utilize jud cia! resources Throughout Genesee County. !n ActNo.60 of thePublic Acts of2014 (“Act 60”), effective March 27,2014, the Legislature authorized theCounty and the City to efibet such a consolidation. Under that consolidation, the city ofFlint would be the fifth election division of the 67th district (the “fifth eleotion division”)and the voters of the city would continue to separately elect the same number of DistrictCourt Judges as they would have elected if there had been no consolidation.

3. This MOU states the terms and conditions pursuant to which the County an~ the City(collectively tfl ‘Parties”) understand.the consolidation of the 67” and 66°’ districts VAilbe inipleniented..

4. B~ginning January 2,2016, Inaccordance with Act 60, the 68°’ District Court district willbe abolished, the 67th District Court district vAil consist of the entire county of Genesesand will be a district ofthe first olass. Also beginning that date, the 5th Division ofthe6I~~ District Court (the “5°’ Division”) will be establishe& C’1ote: The 5th Division willbe an administrative operØional unit of the Court. The fifth election division will be a.geographic area, In this case the area ofthe city ofFlint, from which a certain number ofDistrict Judges ‘will be elected.)

5. No later than July 1, 2015, the 67°’ District Court ~all prepare an initial organizationalstructure and budget for ‘the 5th Division. The structure shall have a maximum of 26positions, including the Sludges ofthe fifth election division, theirS SecretarylRecorders,and at least 2 Probation Officers. The classification of the remaining positions will bedetermined by the 67°’ District Court. The Probation Officers will primarily be assignedto servicing cases which have arisen within the city of Flint, The budget will identi~’anticipatedrevenues and expenses, for the period January 2, 20l~6, though September30,2016. It is expected that this initial budget will anticipate expenditures which on an

Memorandum ofUnderstanding Relating to Consolidation of the 67!J~ and 6801 District CourtDistrictsPage 2

annualized basis would be approximately $2.9 million and anticipated revemles which onan annualized basis would be approximately $2 million. Revenues allocated to the ~thDivision will Include, but not necessarily be limited to, revenues received in relation tocases which have arisen within the city ofFlint and Judges Standardization Pay receivedfor Judges of the fifth election division.

6. Effective January 2, 2016, the County will provide an employer contribution to theCounty’s Defined Contribution P1~, at the rate of 25% of the additional salary pwv!dedfor in Michigan Compiled Laws (“MCL”) section 60G~S2O2(5Xb), for each Judge of tile11th election division who, on January 1,2016, was both an Incumbent Judge ofthe 68thDistrict Court and a participant in the City’s Defined Contribution Plan. Such amounts,pro .rated however for partial years, and without limitation as to the duration for which suchcontributions would be made, shall be included In the initial 5th Division budget and. other~OI Dlvisionbudgets *r periods through September30, 2025.

7. No later than October 1,2015, the 67thDistrict Court or the County on behalf of the Courtshall post all positions for the 9’ Division, with the exception of Judges andSecretary/Re corders. Subject to any applicable requirements of collective bargainingagreements to which the 67U) District Court or the County or both are parties, or of Countypersonnel policies, persons who arc employees of the 68th District Court at the time of theposting shall be given first opportunity to apply and to be considered for the postedpositions, provided that application is made to the 67” District Court or the County, as maybe specified in the posting, no later than October 15, 2015, and further provided that anapplicant meets stated minimum qualifications for the subject position. The 67~’ DistrictCourt retains ~iIl and exclusive ~i~ht for hiring decisions, and all employees hired will besubject to the personnel policies and collective bargaining agreements covering 6701District Court employees for wages, benefits, and working conditions. G8~ District Courtemployees biredby tl~ 67’~’Dlstriot Courtwiil benew ethployees ofthe 671h District Court.Persons employed as Court Recorders for the 68th DIstrict Court who are employed asSecxetsry/Recorders for the 67th District Court, however, shall be credited with theirrespective years of service as Court Recorders for the 68th District Court in. establishingtheir starting salaries, in the County pay scale, as 67th District Court Secretary/Recorders;provided, however, that such service as a 68th District Court Recorder previous to abreakin such service ofmore than one year in duraaon shall not be so credited~ Court Recordersfor the 65th District Court who are hired as Secretary/Recorders for the 67th DistrIct Courtwill not receive credit for their 68th District Court service fbr purposes of fringe benefits.Hiring or employment of a 6gth District Court employee, by or for the 6701 District Courtand’withintliemeaning oftilis MOU, refers to apexson being employed by the 67”‘ DistrictCourtwit an employment commencement date subsequent to that person’s tenuinationofemployment in the 6W” DistrIct Court,

Memorandum ofunderstandingRelatinzto Consolidation ofthe 07th and oSthDistriet CourtDistrictsPage 3

8. Effective at 5:00 p.m. on January 1, 2016, in accordance with the applicable collectivebargain5n~ agreements and personnel policies governing ibm then current employees of the~gth District Court, the City shall temilnate the employment of all employees assiwied tothe 63th District Court

9. Effective January 2,2016, the Parties shall tenninate the current Lease between the Countyas a Landlord and the City as a Tenant catered into in 2011, currently for ateam scheduledto end on June 30, 2020, and under which the 68th District Court is located within theGenesee County Courts and Human Services Cente; 660 5. Saglna.w Street, Flint,Michigan (the C(Qp~~~e~fl). The Flint City Attorney’s Once (the “City Attomef)prosecutes a large portion of the cases processed in the 68’s’ District Court. The CityAttorney occupies a small suite of three o~ces within the Center, adjacent to the 68thDistrict Court courtroom areas, which allows the City Attorney to assist the Court inefficiently processing eases. In order to allow that efficiency to continue in relation to the5ib Division, the CityAttorney will continue to utilize the referenced offices or substantiallyequivalent space in the Center.

10. Subject to all remaining provisions ofthis MCXI, the City will reimburse the County forany excess of expenses over revem2es associated with the operation of the 5th Divisionduring the 11 periods identified in Attachment I of this MOU (“Attachment 1”). Theamount to be rehubursed, however, is subjeotto the foI1o’c~tigThnitations and adjustments;

a. The reimbursement shall not exceed the respective amounts, for theexcesses ofcurrently estimated expenses over currently estimated revenues,shown as “Net Cost” InAttuobment 1.

1,. When the fifth election division of the 67th disiriot has been reduced to 4Judges pursuant to MCL section 600.8134(4)(v)(A), the County will alsoreduce the Secretary/Recorders of the 5th Division to 4 positions, and themaximum rehnburscnient identified above in paragraph a (the “maximumreimbursement”) therestr shall be reduced by the saved costs ofthe tingebenefits for the eliminated judgeship and of the salary and fringe benefitsthr the eliminated Secretary/Recorder positIon.

c. The maximum reimbursement shall be reduced by amounts coirespondbigto the extent either full or partial, to whict the County does not providecontributions at the 25% rate referenced above in section 6 to Judges oftheflUx election division. The City, however, will reimburse the County forthe difl&encebetween a contribution at the rate of 8% and a contribution attherate of2S% for any Defined ContributloaPlan contribution made by the

Memorandum of Understanding Relating to Consolidation ofthe 67th and 6S~’ District CourtDistrictsPage4

County at the rate of25%, pursuant to scotion. 6, subsequent to December31,2025.

d. Effective Yanuary 2,2016, the 67th District Court will be free to use allffirnishings, quipmeat and supplies which had been in The possession ofthe 68th District CourtonJanuaty 1,2016. No laterthanMatch 1,2016, the67111 District Court, in consultation with the Parties, shall develop aninventory of such of those furnishings, equipment and supplies as the 67thDistrict Court has either used or wishes to have available for its use (the‘Personal Property”), and the Parties will assign to the Personal Property amutually agreed upon aggregate value (the ‘Personal Property Value”). Asaroatter of infozniation itis noted thatthe City, as ofJune 30,2014, caitledthe fxed assets of the 68th District Court at a. net value of $33,783. Uponreaching the above referenced agreement on the Personal Property Value,the City will convey to the County, as ofJanuary 2,2016, all of the City’sinterests in the PCZSQRPI Property. The City will remove, at its expense, allfarnisbings, equipment und supplies which had been hi the possession ofthe 62th District Court on January 1,2016, and which are not included in thePersonal Property. In conalderation ofthe above provideci for conveyance,the Citywill receive credit equal to the Personal Property Value toward Itsrequired rehnbursenient to the County for the period Tanuary 2, 2016tough September30, 2016.

11. Ifthe City proceeds under Chapter 9 ofTitle ii of the United States Code) relating tobasikniptoy, the City will use its best efforts to obtain the Bankru~tey Court’s approval toallow continued implementation of this MO!], such efforts to include, but not be Hulkedto, ~1ing a motion to except such implementation from the automatic stay.

COUNTY OP GENBSEB CITY OP PUNT

By~_____________________________ By:Jamie W. Curtis, Chaliperson Gerald AmbroseGeneses County Board of Emergency Managercommissk,nexs

5~c?.W~Watd Chcrnm~61Ih4SthpropostdMOUACOX

~ttachment4 1

aty Maximum CostPiriod I !ffie4& Paiod 3 PetTed 4 f~~& Perbd7 Pafod S f~4fed 9 Fntad 10 mmdli

lSmontbsl {12~~ fn i,ioiid.4 {4~onths1 fllmeaths7 f12 months) (120,0Mb,) (12 month,) ft2month,) 112 mafls) (3 months)Jan 2.2016-set OctI,2016 ~jg7~ 9g~,~0i9- Oct 1.1019- Pcti,2020 Oct 1, 20fl.. Octl.2022. ~ L2~s~. .iaz~.

30.2016 SaatSO.2017 Sejit3ttlOiS Set3o.2019 Sept30, 2020 ScptKp2n2j 5ept30.2022 Sect 30.2023 ~ sept30. 2075 Dec31. 2025TOUT Revcnues $1,5224G5 $Z181,510 $2~274,335 $2,368,705 $2,439,n4 $2,516,869 $2,587,254 $2,651,273 $2,735,953 $2,410,110 $70ES03rota! Expeucs $Z164,S00 $3,001,891 $3,146,185 $3,301,763 $3A3Z099 $3,647,102 $3,657,451 $3,757,968 $3,854,437 $3,937,950 $9$9,44pNetCog - ($643,435~ ($320,271) ($B7.1,SSO) ($S3,057) ($992,3~5) ($1,0Z8,233) ($1,070,587) ($1,106,695) ($1,116,431) ($1,127,440) ($287,637)

I]

) ~i

City of Flint, MichiganFUnt,MIohtgan 46502

Certified Copy n~.cityamintcom

Official CommunIcation: 150340

File Numb9r; 150340

Memorand unVEmergency Managarlproposed Consolidation of67th and ~8th DistrictCourt Districts

A Memorandum dated April 10, 2015, from EmergencyManager Gerald Ambrose to th’eFlint City Council, re: Emergency ManagerAnibrose proposes to [I] Approve, byresolution, the consolidation of the 67th and 68th districts of Michigan’s District Court,which consolidation will result In the Countyrather than thet City becoming the entitybasically responsible forfinancing the District Court forthe geographic area Includingthat of the City; [2] Approve and sign a Memorandum of Understanding on behalf of theCity; [3] JoIn with the CountyTn terminating thelease between the County as Landlordand the City as Tenant for a portion of the Mocree Courts and Human Sen4cbs Center,6603. SagInaw Street, FHnt, effec’five Januaty 2, 2016, and [43 Allow the 67th DIstrictCourt to use furnishings, equipment and supplies that had beQn In possession of the68th District Court on January 1, 2016, and thereafter convey to the County those.furnishings, equipment and supplies the 67th District Court either has used or wishesto have available for its use.

state of MichiganCounty of Geneses .

I, Thez 14. Brown, hereby certify that the foregoing Is a true and complete copy ofCommunication No. 150340, offered and approved with the following vote by theFlint City Council at a meeting held on 4/20/2015.

The motion was made by Councilperson Kincaid and seconded by councjipersonVanBuren.

Aye: 5 Cauncilperson Poplar, Councilperson Nelson, President Freeman,Councliperson VanBuren, Councliperson Klncatd

No: 4 Couñcilpersort Hays, Vice President DavIs, Councilpersori Winfrey,Councilpetton Galloway

\J2 ~Jk h) Sfltt_-r~ aJ~€,fl~ O24~J O’3 / SNI. Brown r~ / Date Certified

City ofFlint, MIchI9w, Printed on 412312016

ATTACHMENT C

Cost Comparison - 5th Division created in 67Th District Court: 68th District Abolished

City Gain From Change:Finandal Gain over 10 years: $8,400,411Staffing of Probation Service Minimum of 2 Probation Officers1udicial representation from within the City Continued election of Judges from within the City

Status Quo ($1,169,303) ($1,559,241) ($1,610,531) ($1,686,942) ($1,765,646) ($1,846,710) ($1,930,207) ($2,016,208) ($2,076,695) ($2,138,995) ($595,336)M2il ($643.435) ($820,271) ($871,850) ($933,057) ($~~,~g) ($1,028,233) ($1,070,587) ($1306695) ($1,118,484) ($1,127,840) ($282637)Net Financial Gain $525,868 $738,970 $738,681 $753,885 $773,331 $818,477 $859,620 $909,513 $958,211 $1,011,155 $312,699

Maximum City Cost Continuation per Memorandum of Understanding:811)9±). !8I!2a2. fsr)914 853)946 PerIod 7 g~3)~3 PerIod 80 PerIod 11

(9 monthe) [12 months) (12 monllm) (12 month,) Lalnanth)1 112 month,) [12 months) (12 mpnthuj. (22 monSul [11 month,) (3 months)

Jan2. 2016 -Sect Oct 1. 2016- Oct 1.2017- Soot OctI. 2012- Spot Oct 1,2019- Set OctI, 2020- Oct 1. 2021- Scot Oct 1. 1022- Sept OctI. 20123- Ccli, 2034- SEpt Ott!. 2025- ott28,2216 ~e3t38,285L 29.3911 29J212 Sect )& 2021 2849Z2 22.12il Sect 38. 2024 32J933 21.2922

Revenues $1,521,465 $3,181,520 $2,274,135 $2,368,706 $2,439,784 $2,518,869 $2,587,264 $2,651,273 , $2,735,953 $2,310,110 $706,603Elq,enneo $2,164,900 $3,801,891 $3,146,185 $3,301,763 $3,432,099 $3,547,102 53,657,851 53,757,968 53,854,437 53,937.950 $938,440Netcost ($643,435) ($820,271) ($371,850) ($933,057) ($992,315) ($1,028,233) ($1,070,587) ($1,106,695) - ($1,118,484) ($1,127,640) ($282,637)

City5tatus Quo Cost Prolection: I

~d1 ~2 ~od3 ~d4 P,ri~10 Pc dod 11[9 m,nthsl (12 months) (lzmo,nthsl (12 nioetl,si — (12 monlhol 112 n,opthl) (12 moatl,,) [*2 month,) (12 mont),,) [12 months) 13 nIGht),,)

JunZ.2016-Seot O~t 1.2016- Octl.2017- Sept Octl.2018- Scot Ccti.2019- Sept 0th. 2828- 0ctt2021- Soot OcttZOlZ- Sept Octi.20123- QstL1Pi4~J3i1. Octl,2025- De29.2916 Sept 30, 2017 -39,2918 19,231) ~293~ Seot3O, 2021 28*32il 39J921 Scot 20, 2024 29J93~ 31.3922

)eeenucs $1,371,128 $1,822,000 $1,828,000 $1,882,840 $1,939,325 $1,997,505 $2,057,430 $2,129,153 $2,162,728 $2,248,209 $578,914Expcnnet $8,165,707 $4,247,609 $4,375,037 $4,506,268 $4,841,477 $4,782,721 $4,924,143 $5,072,367 $5,224,023 $5,380,744 $1,420,085Net cost ($1,814,579) ($2,419,609) ($2,547,037) ($2,623,448) ($2j02,152) $2,783,216) ($2,866,713) ($2,352,714) ($3,041,236) ($3,132,535) ($851,172)Retained Expenses $645,276 $650,388 $92,6,505 $936,506 $936,806 - $936,505 $936,506 $936,506 — $064,601 $993,539 $255,836

($5,169,303) (51.559,241) ($1,610,531) ($1,636,942) ($1,765,646) ($1,846,710) ($1,930,201 ($1,016,208) ($2,076,695) ($2,138,995) ($595,336)

-I

ATTACHMENT B

ATTACDMENTD

TERMINATION 01? LEASE

WHEREAS, the governing body for the County of Genesee (the “County’~ and theEmergency Manager for the Oily of Flint (the “City”), such Emergency Manager (the “EM”)eXerOiSi4 the authority of the City’s governing body to exercise power for and on behalf of theCity, pursuant to Section 12(2) of the Local Financial Stability and Choice Act such Act beingActNo. 436 of the Public Acts of2012 (“Act 436”), MCL 141.1552(2), have each approved byresolutions the consolidation of the sixty-seventh and sixty-eighth districts ofMichigan’s DistrictCourt,as authorized by Section 8134(4) oftheRevised JudicahweAet (“RJA”), MCDL 600.8134(4),which consolidation is to beconie effective Sanusiy 2,2016; and,

WHEREAS, upon the consolidation beouming effective, the sixty-eight district for whichthe City Is the district Thuding unit pUrsuant to RJA sections 8103(3), 8104(1)(c) and 8134(3),MCDL 600.8103(3), 600.8104(1)(c), and 600.8134(3), will be abolished; and,

WHEREAS, the governing body of the County anclihe EM, exercisingihe mithority ofboth the City’s governing body and the City’s chief administrative oficer, pursuant to Section

~fl(~) ofAct 436, also have approved a Memorandum ofUnderstanding between the County andthe City (the “MOU”) relating to i~loobftWe0flC011dati0W5PF0~1Wth0unw~_the City of such a memorandum of understanding having been made, by the County’s Board ofCommissioners, a condition ofthe district consolidation becoming effectIve; and,

WHEREAS, Section 9 of the MOU wovid~ that the County and the City shall terminate,effective January 2, 2016, that certain lease between the County as Landlord and the City asTenant, entexcdjnto in 2011 and.currenttyfor aterna soheduledto end onjune 30,2020, and underwhich the 68th DistrIct Court is located within the Genesee County Courts and Human ServicesCenter, 6608. Saginaw Street, Flint, Michigan (the ‘~LeaseP); and,

WHEREAS, the B!vi, acting for the City pursuant to Sections 12(1)(r) and 12(2) of Act436, MCL 141.1552(1)(r) and 141.1552(2),bas by resohitionexplicitly approvedthistentinatioflof the Lease and f~irther resolved that he will sign the termination for the City;

NOW ThEREFORE, do the County and the City hereby terminate the Lease, effectiveJcnuaiy 2, 2016. Both perties having approved this termination, any requirement of notice oftermination is deemed satisfied,

COUNTY OF GENESEE CifY OP~ FLINT

By:________________________ By~JamieW. Curtis, Chahverson Gerald AmbroseGenesee County Board of Commissioners Emergency Manager

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