Kalamazoo County
Government
August 2004
www.kalcounty.com
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
Table of Contents
INTRODUCTION ............................................................................................................ 1
A Word from the County Administrator .................................................................... 3
Kalamazoo County Government Organization Chart ............................................... 4
How We Conducted This Study ............................................................................... 5
Definitions................................................................................................................ 6
Layout of Function Tables ....................................................................................... 8
Glossary .................................................................................................................. 9
COUNTY ADMINISTRATION ........................................................................................11
Administrative Services ..........................................................................................12
Buildings and Grounds ...........................................................................................16
Finance ..................................................................................................................19
Human Resources ..................................................................................................21
Information Services ...............................................................................................24
Purchasing .............................................................................................................26
Resource Development ..........................................................................................27
GENERAL GOVERNMENT ...........................................................................................29
Animal Services and Enforcement ..........................................................................30
Clerk / Register of Deeds / Elections ......................................................................32
Drain Commissioner ...............................................................................................38
Equalization ............................................................................................................41
Kalamazoo/Battle Creek International Airport .........................................................43
MSU Extension .......................................................................................................48
Parks and Recreation .............................................................................................52
Planning/Community Development .........................................................................55
Treasurer ................................................................................................................59
HUMAN SERVICES ......................................................................................................63
Family Independence Agency.................................................................................64
Human Services .....................................................................................................65
Kalamazoo County Mental Health Services ............................................................77
AUGUST 2004
i
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE .......................................................................................................................79
Eighth District Court ................................................................................................80
Ninth Circuit Court ..................................................................................................84
Probate Court .........................................................................................................93
Adult Probation .....................................................................................................100
Kalamazoo Criminal Justice Council .....................................................................101
Office of Community Corrections ..........................................................................105
Prosecuting Attorney ............................................................................................108
Sheriff’s Department .............................................................................................132
This document is available in alternative formats upon request
by calling (269) 383-6449.
It is also available online:
www.kalcounty.com
AUGUST 2004
ii
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
INTRODUCTION
AUGUST 2004
1
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
AUGUST 2004
INTRODUCTION
2
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
A Word from the County Administrator
A Word from the County Administrator
Kalamazoo County Board of Commissioners;
Department Heads, Elected Officials, and Court Administrators;
Fellow Residents of Kalamazoo County!
This document was completed as part of the County Strategic Plan 2010
(www.kalcounty.com/Board/stratplan.htm), and its completion was one of several
major strategic priorities for the County Board. This report is based on a similar
study published by Kent County Government as the “Mandated Services Study.”
(www.accesskent.com/YourGovernment/CountyAdministrator/default.htm).
It is my hope that this document will enhance citizens’ understanding and
appreciation of the services provided by the over twenty departments and the
Courts of Kalamazoo County Government. I also hope that it will help my almost
one thousand colleagues at the County gain a better understanding of our
organization as we strive daily to provide the best possible services within our
statutory and financial boundaries. Without doubt, this document will become an
integral part of future budget deliberations.
We are adopting Kent County’s definitions so that we don’t have to reinvent the wheel. Using the same definitions makes our study more comparable
to Kent County’s document. As other counties undertake similar efforts, we
hope that uniform definitions will be used by them as well.
I appreciate the department heads’ and elected officials’ enthusiastic and timely
collaboration in getting this project off the ground. I recognize we all have to do
more with less as resources have become scarce.
Don Gilmer
County Administrator
AUGUST 2004
3
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
Kalamazoo County Government Organization Chart
All offices of Kalamazoo County Government are ultimately responsible to the Citizens of
Kalamazoo County. Offices not headed by elected officials or judges report to the County
Board of Commissioners.
Citizens of Kalamazoo County
serve
elect
and fund
elect
Elected
Officials
appoints
reports to
Sheriff
Director, Finance
and Administrative
Services
Surveyor
accountable
serve
serve
Circuit Court
accountable
Family Division
Trial Division
Administration
incl.
Friend of the Court
Juvenile Home
Corporate Counsel
Medical Examiner
Supported by:
Adult Probation
coordinates
reports to
Deputy County Administrator
District
Court
Treasurer
report to
reports to
Community
Corrections
Buildings & Grounds
Board Office
Document
Services
Human
Resources
Equalization
KCJC Staff
Finance
Organizational
Development
Information Systems
Probate
Court
report to
report to
Animal Control
elect
Judiciary
funds
appoints
County Administrator
coordinates
Prosecuting
Attorney
appoints
Board of Commissioners
funds
Clerk/Register
Drain
Commissioner
Boards, councils,
and commissions
serve
Human Services
including:
Kalamazoo/Battle
Creek International
Airport
Area Agency on Aging
Care-A-Van
Comm. Action Agency
Public Health
serve
MSU Extension
Parks and
Recreation
Planning and
Development/
Recycling
Purchasing
support
support
support
support
support
© 1999-2003 Kalamazoo County Government
Version 4.1 - November 2003
County Organization Chart.xls
This chart is available online at www.kalcounty.com/orgchart.htm
AUGUST 2004
4
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
How We Conducted This Study
Last summer, staff distributed a similar Kent County publication (see
www.accesskent.com/YourGovernment/CountyAdministrator/default.htm ) to the “Service Improvement
and Technology Initiatives” strategic planning work group. Based on the anticipated benefits a
similar report could have for Kalamazoo County, the work group recommended the present
study as a strategic objective for 2004 as follows.
Kalamazoo County Government’s Strategic Plan 2010 outlines the following vision for
the County’s Service Improvements and Technology Initiatives:
The community values Kalamazoo County Government for efficiently and
effectively meetings needs and for providing convenient access to user-friendly
services.
(www.kalcounty.com/Board/stratplan.htm)
Goal 1 under this vision states that “County Board and administration use key
performance measures to effectively create and implement policy governing the affairs of
Kalamazoo County Government.” It specifically requires Kalamazoo County Government to
have an “inventory of mandated services (similar to Kent County) by March 2004” (Objective C).
During an initial briefing with department heads and elected officials, Administration
explained the origin and purpose of this project and provided copies of the Kent County study.
After receiving input on the process, staff created templates for each department based on the
Kent County narrative, the department’s or court’s 2004 budget narrative, the Kent County table,
and the definitions for the various categories mandated, necessary, and discretionary (see page
5). This effort was combined with another strategic project which will result in a county-wide
inventory of currently outsourced services. (This inventory will be published in October 2004.)
We asked our colleagues to succinctly describe their main functions and activities and
indicate which ones are (1) mandated by federal or state law or court rule, (2) necessary to
support those mandated functions, and (3) discretionary. Departments and courts created the
narratives and function tables included in this document. Administrative review was minimal;
besides minor stylistic corrections, the narratives and tables submitted by County departments’
and Courts’ have not been edited for content and accuracy. Instead, it was each submitting
agencies’ responsibility to provide accurate and up-to-date information on their respective
functions. Interested readers are encouraged to direct specific questions directly to department
heads and elected officials.
AUGUST 2004
5
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
Definitions
(Adapted from Kent County Mandated Services Study, pp. 1-3)
www.accesskent.com/YourGovernment/CountyAdministrator/default.htm
For an activity to be considered mandated or necessary, it has to be conducted in some
form in every county in Michigan. The mandate need not be to a specific department, but to the
County in general. For example, the County is required to have a medical examiner; because
the function is conducted by the Health Department, the mandate is listed in that section of the
report.
Also, if the Constitution, state or federal law, or a court ruling said the service shall be
provided, no consideration was given regarding the level of service to be provided. The level of
service is set by the Board of Commissioners when it appropriates funds for the activity.
However, the ability of the Board to exercise discretion in the amount of funds it appropriates
was considered distinct from the ability to exercise discretion over whether or not the service is
to be provided.
Admittedly, this is a fine distinction: Can the Board of Commissioners set a funding level
at zero and thereby nullify the mandate? Generally, nullification of a mandate by nonfunding will
be subject to dispute. For example, the courts and the Attorney General have said that
language stating a county board of commissioners “shall levy a tax not to exceed…” is a
mandate to levy the tax; a levy of zero was not acceptable to the court. Beyond that, the Court
of Appeals has granted boards the discretion to set funding levels in accordance with a
“serviceability” standard that requires only the minimum budgetary appropriation at which a
statutorily mandated function can be fulfilled, and also grants the Board latitude in setting the
“serviceability” standard.
As a result, this study does not consider a “serviceability standard” in defining
the mandates. Instead, a mandate is considered to exist whenever the governing
authority included the words such as “shall,” “must,” “is required,” or similar language.
Board Resolutions and Board Authorized Agreements
Activities performed pursuant to a Board resolution and/or Board-approved contract are
identified as non-mandatory. Functions are not considered Board authorized if they were added
through the budget process without a separate resolution. Similarly, Board approval of staffing
for a program was not automatically considered as Board approval of the program. The
language of the resolution, the specificity of the tasks listed, and any limiting or restricting
clauses had to be considered.
AUGUST 2004
6
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
In some cases, the Board adopted multiple resolutions for a single activity over many
years (e.g., Board appointments to other boards and communications). In such instances, only
the most recent relevant resolutions have been noted.
Necessary
A service is only considered necessary if the County, due to its size or its obligation to
provide mandated services or a Board-authorized function, could not reasonably operate
without it. This does not imply that the function does not contribute to a good, efficient, well-run
operation, or even cost savings.
This study makes no judgment of the necessity or value of the service to the citizens, or
its impact on the quality of life of County residents – these are decisions to be made by the
County Board. Departments and Courts evaluated activities for their necessity solely on
whether they are considered an administrative requirement for a mandated or authorized
County government function.
Discretionary
In addition, the study does not address whether or how an activity is funded. An activity
for which a fee is charged but for which there is no legal mandate, contract, or Board resolution
is considered discretionary; the same is true for functions for which no fees are charged.
Finally, programs provided with County funding, even if not performed by County staff (i.e.,
contracted services), are included here since the method of service delivery is immaterial to
whether or not a service is mandated.
Other Considerations
The only time the method of service delivery has been considered was in the evaluation
of a service which has been centralized (e.g., Garage Operations). In these cases, the service
is considered as a centralized operation. That is, while it is necessary to maintain the vehicles
owned by Kalamazoo County Government, it is not essential to the function of county
government that a vehicle maintenance service be maintained, evidenced by the fact that many
counties do not have this activity. Admittedly, certain costs of maintaining county vehicles must
be borne somewhere; however, the decision to centralize the function to achieve cost savings or
other efficiencies resulted in the creation of a discretionary cost center for the County, and thus
requires it to be viewed as a distinct unit.
Some functions are listed in multiple categories (e.g., a statute, a contract, and also as
discretionary) when they represented an activity that consists of several components that fall
into different categories (e.g., employee training).
AUGUST 2004
7
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
Layout of Function Tables
Information on the mandated, necessary, or discretionary aspect of the major functions
is provided via the following table layout based on the above definitions.
Name of Department or Court
Board Authorized
Agreement
Original contract
Current contract
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Black bar indicates a division or bureau
Gray bar indicates a major function category
1. Numbered listings describe
individual activities within each
major function.
Mandated
Constitution
Statute
Court Orders
Court Rules
County functions performed because they are mandated by federal or state constitutions,
statutes, court orders, or court rules.
Non-Mandated
Board
Authorized
Agreement
County functions performed because they are authorized by or emanate from contracts,
grants, or other binding agreements entered into by the Board of Commissioners.
Board
Resolution
County functions performed because they are authorized by one or more resolutions of the
Board of Commissioners.
Necessary
County functions neither mandated nor authorized but performed because they are
necessary for the performance of a mandated function.
Discretionary
County functions which do not meet any of the above criteria and/or are discretionary
programs of a department or Court.
AUGUST 2004
8
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
INTRODUCTION
Glossary
Admin Memo
Supreme Court Administrative Memo
AO
Supreme Court Administrative Order
CDC
Center of Disease Control.
CERT
Community Emergency Response Training.
CFR
Code of Federal Regulations
EMPG
Emergency Management Planning Grant.
EPA
Environmental Protection Agency
FAA
Federal Aviation Administration
FAR
Federal Aviation Regulations
FEMA
Federal Emergency Management Agency.
LAO
Local Administrative Memo
LEPC
Local Emergency Planning Committee
MCL
Michigan Compiled Law
MCR
Michigan Court Rule
PA
Public Act
SARA
Superfund Amendments and Reauthorization Act.
TSA
Transportation Security Administration
USCA
United States Civil-defense Act (replaced by Public Act 390)
AUGUST 2004
9
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
AUGUST 2004
INTRODUCTION
10
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
COUNTY ADMINISTRATION
AUGUST 2004
11
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Administrative Services
Counties are not mandated to appoint an administrator, but if a county board chooses to
do so, certain activities are then mandated to be performed by that position, such as preparation
of the budget and management of the County’s finances. These duties are primarily performed
by other County departments under the control and supervision of the Administrator, and where
there is not substantial direct involvement of County Administration in such activity, the activity
is discussed in the section of the report relating to those departments.
County Administrator
The general objective of the County Administrator and his staff is to assist the Board of
Commissioners in the development, implementation, and maintenance of management policies,
programs, and organization that meet the needs of Kalamazoo County Government at the
minimum cost to its taxpayers. The County Administrator is directly responsible to the Board of
Commissioners. Other responsibilities include general supervision of sixteen County
departments, as permitted by law and directed by the Board of Commissioners; management
planning, and general liaison to County elected officials, news media, and other organizations.
The County Administrator is also responsible for oversight of the direct administrative
support to the Board of Commissioners. Board staff provide secretarial services, assist with
Committee of the Whole and Board agendas, and record and distribute minutes of Committee of
the Whole and Board meetings.
Budget Administration is mandated to the Administrator and although largely delegated
to the Office of Finance, sufficient time from the County Administrator and his staff is devoted to
this activity. Another significant function of County Administration is to provide administrative
support to County departments and facilitate internal and external communication.
Representing the County at various governmental, community and other civic activities is
necessary for the County to function successfully.
Corporate Counsel
The position of Corporate Counsel was established in the Administrator’s Office on
December 19, 1978. Prior to the establishment of the Corporate Counsel's Office, the
Prosecuting Attorney supplied the County Board with civil counsel. In 2003, the Board of
Commissioners officially appointed the incumbent Corporate Counsel as the Board of
Commissioners’ statutory Counsel pursuant to MCL 49.71 which allows the board to employ an
attorney to represent the County in civil matters. The Corporate Counsel also represents the
other elected County officials, such as the Clerk/Register, Drain Commissioner, Judges,
Prosecuting Attorney, Sheriff, and Treasurer.
AUGUST 2004
12
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Additional duties of Corporate Counsel include responding to requests for information as
the County’s designated FOIA Coordinator, serving as the County's Health Insurance Portability
and Accountability Act (HIPAA) Officer overseeing the County's compliance with the HIPAA
laws and investigating complaints about violations of the HIPAA laws, and, as an Assistant
Prosecuting Attorney for Environmental Issues, enforcing the provisions of the County's Soil
Erosion and Sedimentation Control Ordinance. Corporate Counsel also enforces the civil
aspects of the Dog Law of 1919 and the Dangerous Animals Act by seeking the court-ordered
destruction of dangerous dogs.
The Corporate Counsel serves as the insurance coordinator for the County’s general
liability insurance policies; the professional liability insurance policies for medical professionals
(the dentists, nurses, doctors); automobile insurance for county vehicles including Head Start
and Care-A-Van vehicles; and the Airport's general liability insurance policy. The Corporate
Counsel oversees the processing and payment of all claims made against the insurance
policies. As a practical matter, someone within the County organization must serve as the
insurance coordinator, and this function has been assigned to the Corporate Counsel's office.
The Corporate Counsel has also been assigned the responsibility for preparing and
maintaining the Phase II Storm Water Permit for the Parks Department. This responsibility is
mandated by the federal Clean Water Act and MDEQ guidelines and has been assigned to the
Corporate Counsel's office.
Organizational Development
On January 19, 1999, the County Board established a County-wide continuous quality
improvement program now overseen by the Organizational Development function of County
Administration. In 2004, the County Board adopted a strategic plan with six different strategic
priority areas. Administration is spending significant time assisting departments and courts to
develop their strategic plans and performance measurement systems. Program and policy
research and evaluation is done per specific Board requests and as a discretionary activity.
This function also provides internal consulting services and employee training in other areas of
organizational development, such as continuous quality improvement, operational assessments,
and staff and stakeholders surveys.
These activities are undertaken to increase transparency and accountability of County
government performance, and, more tangibly, improve the way the County does business.
AUGUST 2004
13
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Administrative Services
Board Authorized
Agreement
Original contract
Current contract
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Administrative Support and Communication
2. Assist the Board of
Commissioners in the
development, implementation,
and maintenance of policies.
X
3. Provide general supervision
to sixteen County departments.
X
4. Function as general liaison to
County elected officials, state and
local government, news media,
and other organizations.
X
5. Represent the County at
various governmental,
community, and other civic
activities
X
Budget Administration
1. Create and manage the
County Budget
MCLA
141.434(2)(3)
Corporate Counsel
1. Provide legal advice and
services to the Board of
Commissioners, the County
Administrator, and County
departments
MCLA 49.71
2. Represent the Board of
3. Commissioners and other
elected officials in civil matters
4. Respond to requests for
information (FOIA)
5. As County's Health
Insurance Portability and
Accountability Act (HIPAA) Officer
oversee the County's compliance
with HIPAA laws and investigate
complaints about HIPAA
violations
AUGUST 2004
12-19-1978
X
X
PA 442
45 CFR Parts
160 and 164
14
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Administrative Services
Board Authorized
Agreement
Original contract
Current contract
Board
Resolution
6. Appointed as Assistant
Prosecuting Attorney for
Environmental Issues to enforce
County's Soil Erosion and
Sedimentation Control Ordinance
7. Enforce civil aspects of the
Dog Law of 1919 and the
Dangerous Animals Act by
seeking the court-ordered
destruction of dangerous dogs.
X
PA 339 of 1919
8. Serve as the County’s
Insurance Coordinator
9. Responsible for preparing
and maintaining the Phase II
Storm Water Permit for the Parks
Department
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
X
Federal Clean
Water Act
MDEQ guidelines
Organizational Development
1. Coordinate county-wide
continuous quality improvement
program
01-19-1999
X
2. Direct County-wide and
departmental strategic planning
and performance measurement
efforts
3. Research and evaluate
County programs and policies
4. Internal consulting and
employee training
AUGUST 2004
X
X
X
15
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Buildings and Grounds
The Buildings and Grounds Department provides and supervises the facility operations
and maintenance for the County. It directly provides daily maintenance and custodial services
and handles all major repairs and renovations. Many of these task are completed by the
County’s own staff, including skilled trade positions, such as (boiler and air conditioning
technicians, electrician, plumber, carpenter and electronics technician). The department is also
responsible for snow removal, lawn care, service contracts, administering the facilities’ locks
and keys, maintaining proper records and blueprints as well as necessary certificates and
registrations. Additionally, the department is responsible for providing inspections to insure that
all properties meet applicable codes and standards for occupancy. This department also
manages the County wide building automation system that controls and monitors the
environmental systems.
The department is responsible for providing garage operations that includes the
servicing and maintenance of County owned vehicles. Additional responsibilities include
providing fueling capabilities for County owned vehicles. This involves direct maintenance of
the equipment as well as maintaining records for proper cost allocation and satisfying regulatory
requirements.
Buildings and Grounds also provide project development services and construction
management for most major capital and renovation projects. Helping individual departments
develop budget estimates, solicit quotes and assist in the bidding process is also within the
department scope.
Additionally, Buildings and Grounds provide support services to all County departments
on a daily basis. These services would include assembling furniture, installing shelving, moving
offices, delivering items, building cabinets, etc.
The functions of the Buildings and Grounds department are necessary to provide a safe
and clean work environment and to meet applicable code and licensure requirements that are
needed for the performance of mandated County functions.
AUGUST 2004
16
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Buildings and Grounds
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Facilities Operation
1. Provide and supervise
services for the operation and
maintenance of all County owned
facilities.
X
2. Provide and supervise
custodial services.
X
3. Manage maintenance and
service contracts.
Various contracts
X
4. Perform repairs and
alterations.
X
5. Maintain necessary
certificates and registrations as
well as blueprints and facility
records.
X
6. Inspect for compliance of
health and life safety codes.
X
Garage Operations
1. Provide service and
maintenance to County owned
vehicles.
X
2. Provide fueling services for
County Departments.
X
Project Development & Construction Management
1. Provide design services for inhouse projects.
X
2. Provide estimating and
bidding services.
X
3. Provide
construction/renovation
management services.
X
4. Consult with Architects and
Engineers on major projects.
AUGUST 2004
X
17
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Buildings and Grounds
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Support Services
1. Provide support services to
assist all departments.
2. Provide internal recycling
services.
AUGUST 2004
X
X
18
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Finance
The Office of Finance operates under the supervision of the County Administrator. In
that capacity, the Office is responsible for coordinating and administering all financial operations
of the County through the Board of Commissioners. Also, it is specifically responsible for the
following:
 Budgeting and financial planning activities for the Board of Commissioners and
departments.
 Accounting requirements for all County operating funds, special purpose construction, and
operating grant funds, trust funds, and other funds which are deposited with the Kalamazoo
County Treasurer.
 Grant financial administration including monitoring of expenditures, financial reporting, and
resolution of audit exceptions.
 Payroll and payroll reporting.
 Administration of the County Retirement System.
 Offer centralized mail and messenger services and printing services through Document
Services
Finance
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Accounting, Budgeting, and Payroll
Accounting
3. Install and maintain a system
of accounting
MCLA 46.13b
4. Pay bills for services and
goods received by County
X
5. Prepare an annual overview
of the County’s financial plan for
distribution to rating agencies and
other interested parties
X
6.
Secure an annual audit
AUGUST 2004
USCA 7501
19
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Finance
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Budgeting
1. Maintain, monitor, and
analyze budget data
X
2. Prepare an annual Capital
Improvement Program Budget
X
3. Prepare an annual operating
budget
MCLA
141.434(2)(3)
Payroll
1. Calculate and withhold thirdparty deductions from
compensation and make timely
deposits of withheld funds
Various
statutes
2. Issue checks to compensate
employees
Various
statutes
Document Services
1. Provide internal and external
mail and messenger services
X
2. Provide printing services for
forms, documents, and other
materials
X
Grant Financial Administration
1.
Monitor expenditures
Required by
contracts
2. Assist departments with grant
budget preparation
Required by
contracts
3. Prepare and submit periodic
financial reports
Required by
contracts
Administration of County Retirement System
1.
Administer benefits
AUGUST 2004
March 1, 1960
20
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Human Resources
The Human Resources Department has general responsibility for employee
compensation, performance appraisal, employee/labor relations, employment and training of
County employees, benefits, and safety/workers’ compensation programs. The Board of
Commissioners has placed the Human Resources Department responsible to administer the
Personnel Policies in Personnel Policy 1.02.
Personnel Policies 4.05 and 4.07 require activities associated with the maintenance of
the necessary performance appraisal and employee classification systems. As a part of its
classification function, Human Resources facilitates the classification of positions through a
consultant. The Human Resources Department also conducts compensation studies and job
and market analyses to ensure that the County remains competitive in the employment market.
In terms of employee/labor relations, the County, like any other employer, is mandated
to have certain policies and programs in effect protecting the rights of workers and addressing
their right to bargain. These activities, mandated by laws and regulations too numerous to
detail, are treated as mandatory functions of the department. The Human Resources
Department administers nine collective bargaining agreements and also oversees mandated
unemployment insurance administration.
Human Resources carries out a number of functions related to recruiting personnel for
the County’s departments, courts and agencies. These recruitment activities were assigned to
the Human Resources Department in Personnel Policy 3.02. The Human Resources
Department places media advertising and maintains the internet job postings and job phone
line. The department also writes job descriptions, reviews interview questions and tests to
assure no adverse impact in employee selection processes.
Training activities of the department fall into two categories: certain training which is
mandated to be provided to all employees or on a sufficient interdepartmental scale to require
the use of a centralized entity (e.g. certain OSHA or MIOSHA requirements). Supervisor
training, and training which, while contributing to a more effective work force, is not essential to
the operation of the County and is therefore considered discretionary (e.g. supervisor training,
sexual harassment, customer service, business writing, etc).
Necessary benefit programs are developed and administered from the Human
Resources Department. The County’s flexible benefit health plan consists of three medical
insurance offerings, dental insurance, vision, and life insurance. The County also offers short
term and long term disability insurance. Finally, Human Resources administers a mandated
Consolidated Omnibus Budget Reconciliation Act (COBRA) insurance program for terminating
employees. Several personnel policies address these functions.
AUGUST 2004
21
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Finally, the Human Resources Department oversees the administration of safety
functions as well as the administration of the self-insured workers’ compensation program.
Mandated OSHA compliance documents are maintained within the department and the
department oversees a discretionary County Safety Committee. State of Michigan law
mandates workers’ compensation coverage for all County employees. To meet this mandate,
the County administers and coordinates a self-insured program through a third party
administrator.
Human Resources
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Compensation and Performance Management
1. Maintenance of job
classification system for non union
County positions
Various Court
Cases
Fair Labor
Standards Act
Several Collective
Bargaining
Agreements
Personnel Policy
4.07 7/7/98
Various contracts
2. Administration of the
performance appraisal system
Personnel Policy
4.05 7/7/98
Employee/Labor Relations
1. Implement policies related to
employee/labor relations
Numerous
Statutes
2. Insure the protection of civil
rights of applicants for County
employment and County
employees’ civil rights in the
workplace including diversity
initiatives
Numerous statutes
Various contracts
3. Administration of collective
bargaining agreements.
Public
Employment Labor
Relations Act
Several collective
bargaining
agreements
4. Administration and
maintenance of records for
unemployment claims and costs.
AUGUST 2004
State
Unemployment
Compensation
22
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Human Resources
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Employment and Training
5. Recruitment of job applicants
for County positions through
advertising, bulletin, and
opportunities phone line
6. Administration of training of
training and new employee
orientation programs
Numerous Court
Cases
Various contracts
Personnel Policy
3.02 7/7/98
Affirmative Action
MIOSHA
Bloodborne
Pathogens
X
Benefits Administration
1. Development and administer
benefits to County employees and
retirees
Numerous statutes
governing benefits
administration
Various contracts
Several Personnel
Policies 7/7/98
Safety/Workers’ Compensation
1. Coordinate occupational
health and safety activities
2. Maintain Michigan
Occupational Safety and health
Act (MIOSHA) Accident Log for all
County Departments and file
required MIOSHA reports
3. Administer self insured
workers’ compensation program
AUGUST 2004
Personnel Policy
6.03 7/7/98
MCLA 408.1061
State Workers’
Compensation
Law
Various contracts
23
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Information Services
The Information Systems (IS) Department is responsible for analyzing, planning,
managing, implementing and maintaining information and technology based systems for all
County departments. This includes hardware, software and infrastructure for networking and
telecommunications systems as well as support services in these areas. Assistance is provided
to departments in driving IT innovation, aligning IT strategies and supporting business change
initiatives, improvements and efficiencies thru technology. This includes services such as:











Enterprise Network configuration, administration and support
Telecommunications Network configuration, administration and support
Analysis and management of technology initiatives (i.e. KJIIMS, GIS, Disaster
Recovery, etc)
Infrastructure management (i.e. Fiber/Wiring, Routers, Switches, Firewalls, Servers,
etc)
Application development and support
Data management and support
Web development and management
Management of external vendors, outsourcing arrangements and
maintenance/service agreements
Security administration and management
Help Desk support
Coordination of technology based employee training needs
Information Systems also assists departments with security policies and procedures for
compliancy with State and Federal security guidelines such as CJIS/MSP security requirements
for justice data and HIPAA (Health Insurance Portability and Accountability Act) privacy and
security regulations.
AUGUST 2004
24
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Information Systems
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
1. Support of the County
Enterprise Network, including but
not limited to servers, personal
computers, software, infrastructure
and technology related equipment
X
2. Support of the County
Telecommunications system
including but not limited to
Switches, infrastructure, voicemail
systems, call processing, call
distribution systems.
X
3. Analysis, management,
implementation and support of
Technology Initiatives on behalf of
all County departments (i.e.
KJIIMS, GIS, Imaging, eGovernment, Co-Located
Dispatch, etc)
X
4. Infrastructure management
and administration (i.e.
Fiber/Wiring, Routers, Switches,
Firewalls, Servers)
X
5. Web, Application and Data
management, configuration, and
support
X
6. Management of external
vendors, outsourcing
arrangements, and
maintenance/service agreements
X
7. Security administration and
management for the network and
telecommunications systems,
applications, data, etc
X
8. Provide Help Desk support for
both the Enterprise Network and
Telecommunications systems
X
9. Support and maintain the
Unisys Mainframe platform and
Cobol based legacy applications.
X
AUGUST 2004
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
25
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Purchasing
The Purchasing Department is that area of County Government, which purchases
equipment, materials, supplies and services for all County departments at the quality needed for
the most economical prices. This is done by seeking competitive bids and quotations from
vendors interested in serving the County. Other functions of the department include:
 Maintaining a list of potential bidders.
 Implementing the County’s Minority and Women Business Policy by seeking out
minority and women-owned vendors and providing them the opportunity to bid on
County projects and supplies.
 Providing a method of internal control over expenditures, including development and
maintenance of purchasing policies and procedures.
 Maintaining the fixed asset inventory system and the vehicle inventory.
 Serving as the administrative arm for the Kalamazoo County Building Authority.
The Purchasing Department works under the general supervision of the Assistant
County Administrator for Finance and Administrative Services.
Purchasing
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Procurement
1. Issue purchase orders for
County departments
X
2. Prepare invitation for bids and
request for proposals for County
departments
X
3. Maintain fixed asset inventory
system and the vehicle inventory
X
4. Maintain bidders file and
identify minority and womenowned businesses
X
Property Disposal
1. Dispose of County-owned
property
AUGUST 2004
X
26
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
Resource Development
The Office of Resource Development, Kalamazoo County Government, was created in
1992 by action of the Kalamazoo County Board of Commissioners in order to “enhance and
leverage the resources that the County and the Community have and receive in order to provide
the services and meet the health, human service, justice, and recreational needs of the
residents of Kalamazoo County”. The action of the County Board of Commissioners was
forward looking and demonstrated a deep concern for the shrinking dollars available to provide
needed services from multiple levels including federal, state, local and foundations and the ever
increasing competitive demand for additional funding. Further, it was the intent of the Board of
Commissioners for this office to interact not only with county departments, but also with
community-based organizations and the faith-based community to ensure that the County is
actively involved in and committed to the quality of life of its residents and expanding the
resources available to achieve this end.
In early 1993, the Director was hired. In the following eleven years, the Office of
Resource Development has:
 Identified numerous potential funding sources;
 Coordinated and written over 300 grant applications that received awards valued at
$44,000,000 benefiting the residents of Kalamazoo County and Southwest Michigan;
 Planned strategies to reasonably and logically seek funds;
 Enhanced relationships with federal and state funding agencies and local
foundations;
 Evaluated grant funded programs:
 Trained over 500 County employees in best practice grant writing techniques and job
skill enhancement related to diversity;
 Assisted in the refinement of the County’s Grant Application and Acceptance
Procedure;
 Co-authored with a team of County staff, the County’s Performance Measurement
and Strategic Planning Guide; and
 Created a nine step decision-making tree to be used when deciding whether or not to
go after a grant possibility.
The Office of Resource Development has also been assigned and taken a leadership
role in diverse special projects at the discretion of County Administration and Commissioners,
such as the Fetzer Criminal Justice Action Group, the Kalamazoo Poverty Reduction Initiative,
and in the multiple concerns around the issues of Animal Welfare.
The Office provides support, direction and assistance to all County Departments and to
community-wide efforts as directed. The vision of the Office is to nurture and empower others
AUGUST 2004
27
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
COUNTY ADMINISTRATION
to seek the resources available to serve the citizens and residents of Kalamazoo County and
enhance their quality of life. Our focus is “teaching people how to fish.”
Office of Resource Development
Office created per resolution
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
1992
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
X
2. Identify potential funding
sources.
X
3. Plan strategies to reasonably
and logically seek funds.
X
4.
X
Write and edit grants.
5. Evaluate grant-funded
programs.
X
6. Support and promote
evidenced based best practices
X
7. Support and promote
performance measurements
leading to accountability.
X
8. Train staff and others in
successful resource development
techniques.
X
9. Facilitate strategic
collaborations with internal and
external stakeholders across the
County of Kalamazoo
X
AUGUST 2004
28
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
GENERAL GOVERNMENT
AUGUST 2004
29
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Animal Services and Enforcement
In accordance with MCLA 287. 289a, the County Board of Commissioners established
the animal control agency in the interest of protecting the public health and safety of Kalamazoo
County residents. The agency is mandated through the regulations enacted by the State of
Michigan, the Michigan Departments of Health, and Agriculture, and the Kalamazoo County
Animal Control Ordinance, to regulate and control the conduct, keeping, and care of dogs and
other animals.
The mission of the Kalamazoo County Animal Services and Enforcement is to enhance
the quality of life for the residents of Kalamazoo County by providing humane animal services,
public education of animal ownership responsibilities, and the enforcement of state and local
animal laws.
Animal Services and Enforcement offers many animal welfare services such as;
operating the County Animal Shelter and actively promoting pet adoptions while working closely
with local rescue and humane organizations; offering free euthanasia services for owner’s
animals; rescue of stray sick or injured domestic and wild animals; providing local Veterinarians
with pick up and removal services for their dead or euthanized animals; removal of dead
domestic animals from the public roadways; and assist in the removal of nuisance wildlife
through education, trap rentals, and the free removal and disposal of trapped wildlife
Animal Services and Enforcement employees and volunteers offer off-site adoptions,
and perform educational presentations to schools, neighborhood associations, businesses, and
civic organizations, about; responsible pet ownership; the benefits of spay and neutering; the
local and State animal laws; and ways to prevent or protect against, animal bites.
Animal Services and Enforcement offers the citizens of Kalamazoo County public health
and safety services such as; quarantines (or testing) of bite animals for rabies control;
responding to thousands of animal related citizen’s complaints; investigation and reimbursement
of livestock killings; picking up stray and lost animals; acting as an agent for the County
Treasurer in the sale of dog licenses; maintaining rabies vaccination records for the Health
Department; 24 hour emergency response to 911 calls; investigating animal neglect and cruelty
cases; and assisting other law enforcement agencies with warrant searches, evictions, and
criminal cases, where animals are or may be involved.
AUGUST 2004
30
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Animal Services and Enforcement
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Animal Enforcement
1. Enforce State and Local Dog
and Animal Laws
MCLA
287.289a
2. Inspect and license dog
kennels
MCLA
287.270
3.
MCLA
287.267
Sell Dog Licenses
4. Investigate animal neglect
and cruelty cases
Animal Control
Ord Art III sec. 3g
X
Animal Control
Ord Art III sec. 3d
X
Animal Services
1. Administer Dog Damage
Reimbursement Program
MCLA
287.283
2.
Investigate animal bite cases
3.
Quarantine bite animals
Animal Control
Ord Art V sec. 1
X
4. Euthanize owner animals and
un-adoptable animals
Animal Control
Ord Art III sec. 3c
X
5. Pick up stray animals and
livestock
Animal Control
Ord Art III sec. 3a
X
6.
Provide animal adoptions
X
7. Pick up injured wild and stray
domestic animals
8. Provide shelter, board & care
to animals
X
MCLA
287.332
9. Pick up dead domestic
animals from county roadways
10. Maintain rabies vaccination
records for Human Services
AUGUST 2004
X
Animal Control
Ord Art IV sec. 2
X
31
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Clerk / Register of Deeds / Elections
The County Clerk is an elected office mandated by Article 7, Section 4 of the Michigan
Constitution. The County Clerk performs functions associated with public elections held in the
County as well as functions associated with the processing and recording of vital County
records. The County Clerk/Register of Deeds is Clerk of the Circuit Court and maintains and
preserves all court cases and records thereof.
The Clerk/Register serves as a member of, or clerk to, the following boards, all of which
are statutory:
 County Board of Commissioners (clerk)
 County Board of Canvassers (clerk)
 Concealed Weapons Licensing Board (clerk)
 County Road Commission (clerk)
 Special Election Scheduling committee (chair)
 Apportionment Commission (member)
 County Election Commission (member)
 County Plat Board (member)
In addition, the Clerk is mandated by law to process applications for concealed weapons
(CCW) permits. MCLA 28.421 et seq. mandated that the Concealed Weapons Boards of all
counties in the state shall grant such permits to all applicants who have completed a certified
gun safety course unless the applicant can be shown to have a criminal record, or to be
diagnosed as mentally ill. This statute has caused a significant increase in the number of
applicants for such permits and has made this duty a more significant function in the Clerk’s
office than heretofore.
Elections
The County Clerk is mandated by state law to ensure that local election officials and
precinct inspectors are thoroughly knowledgeable about the proper and legal conduct of
elections. To that end, the Clerk must hold training seminars for these officials. The Kalamazoo
County Clerk has developed a comprehensive training manual for precinct inspectors. This
manual is not mandated by state law, but is necessary for the mandated training sessions. The
Clerk also communicates changes in legislation affecting the conduct of elections to all local
election officials as a necessary activity in fulfilling the mandate to educate election personnel.
The Clerk is available to speak to local citizen groups regarding elections and voter
registration. This activity is discretionary, although it is an important public service. In order to
ensure that the Clerk’s staff may register voters correctly, training is conducted periodically on
AUGUST 2004
32
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
the procedure for voter registration. For the purposes of this study, this training is considered
necessary to support the function of properly registering voters.
The Clerk is required by state law to publish notices of close of voter registration and
election and to distribute notices of elections to local unit clerks. As a courtesy to local clerks,
the Clerk coordinates and prepares joint notices for regular Primary and General Elections,
which usually saves the local units funds. The Clerk therefore maintains the local election
calendar as a natural outgrowth of the Clerk’s election-related duties. In addition, the Clerk is
required by law to create and update the election forms, to coordinate proofing of ballots, to
deliver all forms and ballots to local clerks, and to maintain and repair any voting equipment
owned by the County.
The Clerk has duties mandated by law regarding campaign finance information. These
duties include: receive all statements and reports required to be filed with the county clerk’s
office; provide the forms, instructions, and manuals required by MCLA 169.215 (the Michigan
Campaign Finance Act); and implement the system for filing, coding, and cross-indexing system
prescribed for the filing of required reports and statements.
Oversight in the elections duties is provided by the Board of Election Commissioners,
which consists of the Senior Probate Judge as Chairperson, the County Clerk and the County
Treasurer. State law requires this Board to supervisor the preparation of ballots for National,
State and County elections. The Board of Election Commissioners also conducts “clarity”
hearings on proposed petition language for potential recalls of local elected officials. The
clerical work is done by the staff of the County Clerk.
Register of Deeds
The Register of Deeds is an elected position mandated by the Michigan Constitution,
Article VII, Section 4. In Kalamazoo County, the office of Clerk/Register serves as the Register
of Deeds. These offices were combined by Board resolution in April 1982 as being “to the best
interests of Kalamazoo County.” The major function of the Register of Deeds is the recordation
of all documents related to land records and personal property.
The Register of Deeds is required by various state laws to verify and record all
transactions for real estate. The recordation of these documents requires that each document
be receipted when received, and then indexed for filing purposes. In addition, the Register of
Deeds is required by many different statutes to receipt and index different types of documents
related to real and personal property.
Although the manner of preserving these documents is not mandated, the Kalamazoo
County Register of Deeds uses a digital image indexing system and routinely has microfilm
produced as a second permanent record. The Register of Deeds returns the originals to the
appropriate owner. For the purposes of this study, digital imaging, microfilming and returning
AUGUST 2004
33
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
the original documents are both considered necessary functions for the efficient recordation and
preservation of land records.
The Register of Deeds is required by law to provide copies of public records to the public
upon request. The Kalamazoo County Register of Deeds also regularly provides information to
customers and citizens regarding the requirements of the Recording Act. This is considered a
necessary function.
Vital Records
The County Clerk is the “local registrar” for Kalamazoo County as defined in MCLA
333.2804 and is therefore charged by state law to process, record, and issue vital records on
behalf of non-city residents in the county and for city residents in cities with populations under
40,000. The legislation also requires the Clerk to record the vital information in each case in an
“index” as defined by Vital Records Inspection and Disclosure Rule #325.3231(c).
Cities with a population over 40,000 may designate the County Clerk as its “local
registrar” to eliminate any duplication of effort and to centralize the vital records registration
function. Vital records held by the City of Kalamazoo were transferred to the County Clerk in
1985.
In addition to processing vital records, the Clerk is required by statute to provide copies
of vital records to the public under certain conditions as requested. Providing copies of these
records requires that a copy of each vital record be retained by the Clerk in a form and location
accessible to the public, therefore retention and storage of these documents is considered
necessary. The Kalamazoo County Clerk uses a digital image computerized indexing system,
has microfilm made for backup purposes, and also retains paper copies of all vital records.
AUGUST 2004
34
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Clerk/Register of Deeds
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Elections
Education
1.
Coordinate training seminars
MCLA
168.683
2. Develop and maintain
comprehensive training manual for
precinct inspectors
3. Educate local election officials
and precinct inspectors
X
MCLA
168.683
Filings
1. Process nomination petitions
and election filings and transmit to
the Secretary of State
MCLA 168.1 et
seq
Public Information
1. Publish joint notices of State
Primary and General Elections on
behalf of all local unit clerks.
2. Implement and maintain the
filing and index system for
campaign finance records
prescribed by the Secretary of
State
3.
Maintain election calendar
4.
Process voter registration
5. Provide informational
materials to the public regarding
campaign finance requirements
6. Publish notices of close of
registration and election
X
MCLA 169.215(18)
X
MCLA 168.509w
MCLA 169.215(18)
MCLA 168.1 et
seq
7. Speak to citizen groups
regarding elections and voter
8.
Train staff to register voters
AUGUST 2004
X
X
X
35
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Clerk/Register of Deeds
Coordinate ballot proofing
MCLA 168 et seq
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Supplies
1.
2. Create and update election
forms and ballots
MCLA
168.1 et seq
3. Maintain and repair Countyowned optical scan voting equip.
MCLA
168.778
Register of Deeds
Customer Service
1. Provide copies of public
records to the public
MCLA
565.551
2. Provide information to
customers regarding the
Recording Act
X
Plat Board
1.
Act as Secretary of Plat Board
MCLA 560.102r
Real and Personal Property
1.
Microfilm documents
X
2. Receipt and index documents
related to real and personal
property
MCLA 54.206
MCLA 560.198
3. Verify and record all
transactions for real estate
MCLA 561.8
MCLA 560.243
MCLA 560.228
MCLA 560.211
MCLA 560.172
Vital Records
1. Act as Clerk of the Board of
Commissioners
2. File, store, and retain vital
records and provide copies as
requested
3. Issue, index, and record vital
records (marriage licenses, birth
certificates, and death)
AUGUST 2004
MCLA 46.4
MCLA 46.9
MCLA 333.2882
Department of
Community Health
Rule 325 et seq
MCLA 551.101
MCLA 333.2843
MCLA 333.2821
36
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Clerk/Register of Deeds
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Customer Service
1.
File business registrations
MCLA 445.1
2.
File military discharges
MCLA 35.32
3. File new corporate
agreements and amendments
MCLA 331.1208
MCLA
458.526
4. File orders of Municipal
incorporation with Secretary of
State
MCLA 61.9
5. Notarize documents and file
notarized documents
MCLA 55.285
6. Process concealed weapons
permit applications
MCLA 28.421
7. Administer and retain oaths of Several citations in
office for county and officials
MCLA
AUGUST 2004
37
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Drain Commissioner
Specific functions of a County Drain Commissioner emanate from six principal statutes:
Public Act 40, the Michigan Drain Code, Public Act 451, Michigan’s Natural Resources and
Environmental Protection Act and it’s Part 307 for the Inland Lake Level Act, the Inland Lake
Improvement Act and Triennial Dam Inspections. Public Act 288 is Michigan’s Subdivision
Control Act governing stormwater drainage facilities in new plats and the establishment of new
drainage districts. Public Act 96 governs portions of stormwater facilities in mobile home parks
and Public Act 59 governs stormwater facilities in condominiums.
The Michigan Drain Code (PA 40 of 1956), as amended, requires the election of a
county drain commissioner on a four-year cycle. This position is to be responsible for
stormwater management as it pertains to the maintenance of established county drains, and
establishment and approval of new county drains including platted drainage. With respect to
financing, the Drain Code requires the Board of Commissioners to fund 50 percent of the cost of
a new drain associated with improvements to the County road system and pay at large
assessments for general drain work. The Drain Commissioner is authorized to borrow tax free
Notes to pay for petitioned drain projects. Coordinating the financing of the work is not
mandated to be done by the County, but is considered necessary since the Drain Commissioner
is mandated to levy assessments and ensure the work is completed properly.
The Inland Lake Level Act requires that a delegated authority, defined as the Drain
Commissioner or other person delegated by the Board of Commissioners, inspect all county
lake levels and control structures and determine the apportionment of costs incurred for
maintaining the levels. In Kalamazoo County the Board has assigned these duties to the Drain
Commissioner. If the Board of Commissioners determines by resolution that the entire cost of
the project, or a portion thereof should be defrayed by a special assessment to the benefited
properties, then the “delegated authority” (in Kent County, the Drain Commissioner) prepares a
special assessment role. Under Section 421, the County Board may also place liens on
property owners unwilling to pay costs associated with obstructing or damage to a drain.
The Inland Lake Improvement Act requires that when inland lake improvement boards
are established, the County Drain Commissioner must be a member of such boards. The Drain
Commissioner presently sits as a member of the three such boards in Kalamazoo County:
Austin Lake Outlet and Extension Drain including the dam, Lake Hill N Brook also known as
Lime Kiln Lake and the Long Lake Board. Inland lake improvement boards may bid out and
enter into contracts for improvements to lakes and control structures. The bids are required to
be advertised by the chair of the lake improvement board if the contact is to be overseen by the
board. However, it is not mandated that the Drain Commissioner be the chair of the board.
The Michigan Subdivision Control Act requires the Drain Commissioner to:
AUGUST 2004
38
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
a)
inspect all plat construction in the County that is not being accepted by a bone
fide unit of government;
b)
ensure all requirements of the Drain Commissioners Stormwater Rules are
met; and
c)
record and maintain the records of all easements dedicated to the drainage
districts.
By statute, Drain Commissioners serve as members of the County Board of Public
Works, the Emergency Preparedness Committee and the County Parks Commission. In
addition, the Kalamazoo County Drain Commissioner is a member of the Phase II Stormwater
Work Group.
As of March 3, 2004 the State of Michigan expects Drain Commissioners in Phase II
Stormwater regulated areas to comply with the Phase II Stormwater Rules. Funding for any
county departments under compliance for the 6 Minimum Measures of these Rules must be
available through the County.
Drain Commissioner
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Board Participation
1. Participate on community
boards other than Lake
Improvement Boards.
X
2.
Parks Commission
X
3.
Emergency Preparedness
X
4.
Participate on DPW Board
MCLA
123.732(2)(a)
Drains
1. Coordinate the financing of
drain projects
MCLA 280.275,
267, 277, 278
2. Establish and approve new
drains
MCLA 280.54 &
280.433
3. Fund the cost of new drains
apportioned to improvements in
the County road system
MCLA
280.151
AUGUST 2004
39
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Drain Commissioner
4. Levy special assessments in
drainage benefit districts
MCLA
280.262
5. Maintain all County and intercounty drains
MCLA
280.191
6. Maintain recorded easements
for drains
MCLA
280.11
7. Represent the County in joint
planning for Phase II NPDES
Stormwater permit application
March 3, 2004
Phase II
Stormwater Rules
8. Review and approve
proposed subdivisions to ensure
drainage standards are met
MCLA280.433 &
560.114
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Lakes
1. Assess costs of controlling
lake levels
2. Inspect lake level control
structures
3. Participate on lake
improvement boards
4. Provide for and maintain lakes
at normal level
AUGUST 2004
MCLA 280.351,
MCLA 324.30722
MCLA
324.30903(a)
MCLA 324.30708
40
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Equalization
The Department of Equalization is required to review property assessments completed
by the local units, and determine a County equalized and taxable value to provide for equity in
assessments throughout the County’s 19 units. The Department is required to prepare a report
annually showing the equalized values for each of the units and to submit the report to the
Board of Commissioners for approval. The Department is also required to submit to the County
Board of Commissioners a report apportioning money raised in taxing jurisdictions.
As part of its review process, the Department audits the work of the local units to ensure
that properties changing ownership are uncapped and assessed at the revised value. This
activity resulted from the passage of Proposal A in 1994 which limited, or capped, the increases
in assessment which could be applied to a property in any one year, but allowed for the
assessment to be increased to full market value when the property changed ownership.
Although not mandated, this activity is considered a necessary component of the review activity
function.
The Department is mandated to prepare two reports for County Board approval:
 The Equalization Report that details the assessed and equalized values by class for
each of the local units.
 The Apportionment Report that shows how the County’s property tax revenues are
apportioned among the various taxing units.
The Department is further mandated to prepare several reports for State Tax
Commission approval:
 Equalization studies for starting bases for all classifications in all units.
 Report millage rollback calculations for all inter- and intra-county jurisdictions.
 Report final annual taxable value of County.
 Report departmental study activity annually as of June 30.
AUGUST 2004
41
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Equalization
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Equalization and Millage Administration
1. Review inflationary property
assessment changes and prepare
sales ratio reports.
MCL 211.34 &
STC Bulletin #3
1982
2. Compute previous and current
year taxable values and millage
rollback fractions.
MCL 211.34d
3. Audit Uncapping of
transferred properties
X
Reporting
1. Prepare the Equalization
Report for County Board and
Michigan State Tax Commission
Approval
MCL 211.34a
MCL 211.150
STC Rule 209.5
2. Compile and submit the final
tabulation of Taxable Value to
State Tax Commission
MCL 211.27d
3. Annually submit Interim
Status Report to State Tax
Commission.
4. Prepare the Apportionment
Report for County Board Approval
5. Prepare the Sales Ratio
Reports and submit to State Tax
Commission
AUGUST 2004
STC Rule 209.41
MCL 211.37
STC Bulletin #3
(1982)
MCL 209.41
42
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Kalamazoo/Battle Creek International Airport
The Kalamazoo County Board of Commissioners entered into an agreement on
December 2, 1983 with the City of Kalamazoo for the transfer of ownership of the Airport.
Although the operation of an airport is not mandated, once the County decided to have an
airport, certain activities are then mandated by State and federal laws.
The Kalamazoo/Battle Creek International Airport is a public facility dedicated to serving
the public interest.
Currently, the Airport facilitates five commercial air carriers, which serve more than
500,000 air travelers annually, and hosts 135 Kalamazoo based aircraft including corporate
aircraft. The Aircraft Rescue and Fire Fighting (ARFF) station is on standby during all Airport
operating hours (24 hours per day).
Located within the Airport facilities are: a food court, bar, gift shop, real estate office,
travel agency, delivery service, ground transportation service, air freight service, 4 rental car
agencies, 2 fixed base operators, contract parking area, and an aviation history museum.
Airport Administration
Airport Administration oversees the operation of the Airport. These Airport facilities are
designed to promote safe and efficient air service for the community, which includes but is not
limited to the following:
1. Recommending and enacting administrative policies and procedures.
2. Developing, implementing, and enforcing Airport rules and regulations.
3. Supervising daily operations and maintenance of the Airport in accordance with all
federal and state regulations.
4. Preparing, monitoring and revising annual Airport budget.
5. Developing, implementing, and monitoring the Airport Master Plan.
6. Researching, planning, and implementing Airport improvement projects/plans.
7. Acting as a liaison for the Airport Advisory Board and its four subcommittees, federal and
state agencies, and other County departments.
8. Negotiating and administering tenant service contracts.
9. Airport marketing and community relations activities, including air service development,
special event planning, and advertising.
10. Responding to customer and tenant complaints.
AUGUST 2004
43
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Airfield Maintenance
This department is responsible for the maintenance of the Airport facilities and
equipment in accordance with FAR Part 139, which governs minimum standards of operation for
air carrier airports. Duties include but not limited to the following:
1. Supervising/performing safe and efficient airside and landside snow removal, airfield
grounds maintenance, and other daily maintenance duties.
2. Effectively maintaining all County Airport equipment.
3. Maintaining proper inventory of all parts and tools required for performance of airfield
maintenance duties.
4. Airfield Technician position is responsible for maintenance and repair of airfield lighting
systems and non-FAA air navigational aids.
5. Aircraft Rescue and Fire Fighting (ARFF), which is the provision for trained aircraft, fire
protection personnel and maintained via a private contractor. FAR Part 139 requires this
protection. The cost of providing this service is recouped from airline fees. The building,
fire fighting vehicles, and all other necessary equipment are provided by the County.
Terminal Maintenance
This maintenance function includes the Terminal Building and immediate grounds area.
This portion of the Airport's operation includes maintenance activities performed primarily by
non-Airport employees as follows:
1. County Buildings and Grounds Department: maintains terminal HVAC systems,
plumbing and performs other day-to-day building maintenance duties.
2. Major Contractual Services
a. Custodial: all non-leased terminal building space and Airport Administration
areas.
b. Elevator: maintenance and repair
c. Electrical: building wiring, major lighting, communications lines, and other
electrical maintenance
d. Terminal Building Entrance Doors: repair and maintenance
e. A major contractual service not generally associated with terminal maintenance,
but vital to the operation of the Airport is Airline Passenger Screening. This
service is provided by Transportation Security Administration as established by
the Aviation and Transportation Security Act of 2001 and is paid for entirely by
the Federal Government through taxes on airline tickets.
AUGUST 2004
44
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Airport Operations positions provide Airport coverage 24 hours per day, with the
exception of a single eight (8) hour shift per week (Tuesday, 8:00am-4:00pm). These positions
perform duties and responsibilities including but not limited to the following:
1. Performing daily airfield inspections and reporting minor discrepancies to ensure
continued compliance with state and federal regulations, as required by FAR Part 139.
2. Performing daily security patrols of Airport property, in accordance with FAR Part 1542.
3. Responding to customer/tenant complaints in the absence of Airport Management.
4. Performing land-side snow removal operations, grounds keeping, and other daily
operation duties.
Kalamazoo/Battle Creek International Airport
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Enterprise
1.
Conduct airport studies
X
2. Develop & manage
construction and renovation
projects
FAA grant
assurances
3. Ensure compliance with FAA
grant assurances
In all of the grant
agreements.
Obligated for 20
years after grant
acceptance.
4. Financial Administration to
determine and collect charges
FAA grant
assurances
5. Install & maintain a system of
accounting
FAA grant
assurances
Administration
1. Administer airport operations
in compliance with State statute
2.
Conduct Airport tours
MCLA 259 et seq.
12/02/1983
X
3. Conduct general promotional
activities
X
4. Conduct print and broadcast
advertising
X
AUGUST 2004
45
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Kalamazoo/Battle Creek International Airport
5. Maintain & conduct
comprehensive security
inspections
6.
FAR Part 1542
Provide cargo facilities
9.
Original contract
Current contract
Date of
Board
Resolution
FAA grant
assurances
FAA grant
assurances
7. Provide business facilities and
support for general aviation
8. Satisfy FAA requirements for
general aviation safety and
security
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
FAA grant
assurances
FAA regulations
Parts 139.305,
139.307
Provide long-term parking
X
10. Provide metered parking
X
11. Provide short-term parking
X
12. Patron services
X
13. Shuttle bus service
X
14. Make available commercial &
retail services
X
Airfield Maintenance
1. Maintain aircraft rescue and
fire fighting capability
FAA Regulations
Parts 139.315,
139.317, 139.319
FAA grant
assurances
2. Maintain airfield security and
conduct comprehensive security
inspections
TSA Regulations
Parts1500 & 1542
FAA grant
assurances
3. Maintain standards to achieve
certification following annual
inspection
FAA Regulations
Parts 139.101,
139.203, 139.327
FAA grant
assurances
4.
FAA Regulations
Parts
139.305,139.307,1
39.309.139.311,
139.313, 139.323
(AIR-4 & AIR-5)
FAA grant
assurances
Maintain airfield
AUGUST 2004
46
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Kalamazoo/Battle Creek International Airport
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Terminal Maintenance
1. Construct and maintain airline
apron
FAA regulations
Parts 139.305,
139.307
FAA grant
assurances
2. Maintain airfield security and
conduct comprehensive security
inspections
TSA Regulations
Parts 1500, 1542
FAA grant
assurances
3. Maintain standards to achieve
certification following annual
inspection
FAA Regulations
Parts 139.101,
139.327
FAA grant
assurances
4.
FAA regulations
Parts 139.305,
139.307
FAA grant
assurances
Clear aircraft runways
5. Clear parking lots and
pedestrian areas
6. Conduct pavement
management
7.
In all tenant
agreements
FAA regulations
Parts 139.305,
139.307
Maintain facilities
FAA grant
assurance
In all tenant
agreements
8. Maintain non-vehicular
equipment
9.
X
Maintain vehicles
10. Snow & ice removal
FAA grant
assurance
FAA Regulations
Part 139.313
11. Maintain terminal facility
12. Maintain terminal security &
conduct comprehensive security
inspections
AUGUST 2004
FAA grant
assurances
In all tenant
agreements
TSA Regulations
Parts1500 & 1542
FAA grant
assurance
47
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
MSU Extension
Michigan State University Extension teaches knowledge-based educational programs to
the citizens of Kalamazoo County to improve their lives and communities. Problems facing our
communities are very complex. Solutions require the expertise of numerous disciplines and the
collaboration of many partners.
Today, county-based MSUE staff members, in concert, with on-campus faculty
members, offer programming focused on children, youth and family; agriculture and natural
resources; and community and economic development. Through a variety of educational
strategies, technologies and partnerships, MSU Extension extends the University’s knowledge
and resources to all of our citizens.
Educational program delivery methods include workshops, tours, demonstrations,
hands-on learning, computer programs, bulletins and pamphlets. MSU and USDA educational
information, research results and specialist assistance is available to all county residents.
Funding History
Michigan Extension’s work began in 1907, several years before the organization was
officially formed nationally. In 1912, the Michigan legislature authorized the County Board of
Supervisors to appropriate funds and levy taxes to further teaching and demonstrations in
Extension work. In 1914, Congress passed the Smith-Lever Act which created the Cooperative
Extension System and directed nation’s land grant universities to oversee the work. As
Michigan’s Land Grant University, MSU accepted the responsibility to oversee Extension work.
The Cooperative Extension Service is now known to our citizens across the State of Michigan
as MSU Extension.
MSU Extension’s funding across the state is from the following sources:
 13% from Federal Funds
 43% from state funds including special projects
 7 % from county funding through memorandums of agreement
 21% county general fund for staff, space, travel, technology, etc.
 16% from outside grants
Through the budgeting process in Kalamazoo County, the general fund provides monies
for the following: support staff salaries and fringe; administrative costs such as printing, postage,
travel, professional development, supplies, communication, technology; in-kind support in the
form of office space, furniture, technology equipment and administrative support from Finance,
HR, etc.
AUGUST 2004
48
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
The County has entered into two Memorandums of Agreement with MSU Extension. The
first MOA provides funding for a .5 FTE in consumer horticulture from the general fund and the
second MOA is for collaborative programming between the MSU Nutrition Program and the
Human Services Department’s Women, Infants and Children Program. The County also serves
as the fiduciary for the Strong Families/Safe Children grant which funds the Grandparents
Raising Grandchildren Program, Second Time Around.
Program Areas of Emphasis
Agriculture and Natural Resources
MSUE provides research-based educational programs to the county/state agricultural
industry, from producers to commodity groups, agribusiness, food processors, retailers and
completing the circuit with education to the general public. Programs are delivered through
client directed Area of Expertise teams and with county based agricultural and natural resource
staff. Program focus includes: wise land use, agricultural profitability and marketing, plant
agricultural systems, integrated pest management, animal and waste management and
sustainability of Natural Resource Systems. In Kalamazoo County, MSU Extension offers a
strong Consumer Horticultural emphasis through the Master Gardener Program.
Children, Youth and Family
MSU Extension believes that children, youth and families are deeply affected by their
environment, significant others, and their communities. With this interconnectedness, our
research-based programming is designed to strengthen families through education,
collaborations and systems reform. Programming in this area is designed to ensure that children
enter school healthy and ready to learn, that parents nurture their children in positive ways and
that families are safe and thrive. By integrating university and community resources, MSUE staff
assist family achievements through programming in 4-H, the largest after-school program in the
state, Second Time Around for Grandparents raising their Grandchildren and nutrition programs
with an in-home teaching component for specific at-risk audiences.
Community and Economic Development
MSUE programs enhance the quality of life for Kalamazoo citizens by addressing
concerns about their communities’ social, economic and environmental conditions. Some
programs are broad based, such as assisting community leaders in understanding urban sprawl
and others are more specific like enhancing a non-profits board leadership capacity.
AUGUST 2004
49
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Program Goals
The Kalamazoo County MSU Extension staff is committed to the following programming
goals:
 Building strong communities
 Strengthening agricultural profitability
 Encouraging responsible land and natural resource use
 Building healthy families
 Helping youth succeed
MSU Extension in Kalamazoo County has for the past 90+ years reflected the
community’s needs. MSUE will continue to help people improve their lives through an
educational process that applies knowledge to critical issues, needs and opportunities.
MSU Extension
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Administrative
Provide office space, operating
budget, equipment and support
staff for Kalamazoo County
Extension
Circa 1917
X
Circa 1917
X
Original – County
provided one halftime position.
1985
X
Current MOA .5
FTE match .5 FTE
through MSU.
2001
Agriculture/Dairy/Livestock/Swine
MSU Extension provides researchbased programs to the
county/state agriculture industry,
from producers, retailers & to the
general public.
Consumer Horticulture
Program Coordinator provides
training for Master Gardeners.
Assist consumers with gardening
and other related subjects such as
insects and landscape
management. Master Gardener
Volunteers contribute to the
decimating of information.
AUGUST 2004
50
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
MSU Extension
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Expanded Food Nutrition Program
Provides food and nutritional
education to limited resource
families with young children.
WIC & WFNEP partnership for
joint referrals & nutrition
programming.
X
MOA – 2003
Circa 1969
1982 Verbal
agreement for
support staff,
travel and
professional
development per
Gale Arent, CED &
Wes Freeland,
Administrator
Original – provided
funding for support
1994
X
Family Nutrition Program
Provides food & nutritional
education to food stamp recipients
and applicants focusing on young
pregnant women, seniors & the
homeless.
Current – provides
funding for support.
2003-2004
4-H Youth Development Program
Creates a supportive environment
for culturally diverse youth and
adults to reach their full potential
by providing education and handson experience in a variety of
learning arenas.
Circa 1917
X
STA/Grandparents Raising Grandchildren
Assist grandparents who have
become the primary caregivers of
their grandchildren through
educational workshops, support
groups, newsletters & family
events.
1997 – 1998
2003-2004
X
Community & Economic Development
Enhance the quality of life by
addressing communities’ social,
economic & environmental
conditions i.e. understanding
urban sprawl to enhancing a nonprofits board leadership capacity.
AUGUST 2004
X
51
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Parks and Recreation
The Parks and Recreation Department is responsible for supplying the citizens of
Kalamazoo County and Southwest Michigan with five regional parks and the Fairground. The
five regional parks are Markin Glen, Scotts Mill, Cold Brook, Prairie View and River Oaks. In
addition the Parks Department will soon be offering the community the Kalamazoo River Valley
Trailway. With all these areas the Parks Department maintains, supervisors and collects related
fees and charges. More specifically the Parks Department:




Operates and maintains 1,089 of public parklands (excluding the Fairground)
Administers use of all facilities at the County Fairground.
Conducts a public relations program to inform the public of recreational
opportunities and Fairground facilities available within the County’s park system.
Plans, designs and constructs facilities within the County’s park system.
The Parks Department has a ten-member Parks and Recreation Commission
established in September 1968 per Public Act 261. The Commission consists of the County
Drain Commissioner, a County Road Commissioner and a County Planning Commissioner and
seven members appointed by the Board of County Commissioners. Of these seven one is a
County Commissioner and one is a Kalamazoo County Fair Board member.
AUGUST 2004
52
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Parks Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Parks
1.
Acquire Park land
X
2. Develop and administer
reservation system
X
3. Develop and maintain park
land
X
4. Prepare parks five-year plans
for MiDNR capital improvement
grants
X
5.
Prairie View Park
MiDNR
Construction Grant
1991
Purchased 1960
X
X
6.
Cold Brook Park
MiDNR
Construction Grants
1970, 1995
Purchased 1962
X
X
7.
River Oaks
MiDNR
Construction Grants
1973, 1982, 1995,
2003
Purchased 1972
X
X
8.
Scotts Mill Park
9.
Markin Glen Park
Purchased 1973
MiDNR
Construction Grants
1990, 1997
2000
Purchased 1988
X
X
X
Fairground
1.
Acquire Fairground land
AUGUST 2004
Initial purchase
1940; additional
purchases
1998, 1999, 2000
2002, 2003
X
53
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Parks Department
Board Authorized
Agreement
Original contract
Current contract
2. Develop and maintain
Fairground
Date of
Board
Resolution
Millage to build
west portion of
County Center
Building 1956
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
X
Site Master Plan
November 1982
Construction of
east portion of
County Center
Building 1983
Hall of Agriculture
Livestock
Mall 1989
Parking Lot
expansion
1993, 2003
3. Develop and administer
reservation system
X
4. Prepare and update
Fairground Master Plans
5.
Host Annual County Fair
X
20-year lease
(12-12-1999)
X
Campgrounds
1. Operate and maintain County
Fairground campground
1972
Authorized with
construction of
present jail
X
2. Operate and maintain the
Cold Brook Park campground
Authorized with
MiDNR Grant for
construction
1972
X
3. Operate and maintain the
Markin Glen Park campground
Authorized with
MiDNR Grant for
construction
2000
X
AUGUST 2004
54
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Planning/Community Development
Planning And General Services Administration
The County Planning Department was created in March of 1961. Its primary purpose
was to provide staff assistance to the County Planning Commission, which was created on
March 19, 1960 by the County Board of Supervisors under PA 282 of 1945, as amended. The
role of the department has expanded over the years. Today, it fills the following major roles in
County government:
1. Work in conjunction with Southwest Michigan First to coordinate the County’s economic
development strategy.
2. Provide staff planning and technical support to other County departments in areas of
Countywide community development plans/projects and/or related services.
3. Provide necessary staff support for various community development related citizen
advisory boards of the County:
a. Kalamazoo Metropolitan County Planning Commission
b. Board of Public Works
c. Solid Waste Management Planning Committee
d. Economic Development Corporation
e. Brownfield Redevelopment Authority
4. Coordinate all community development and related planning activities of other County
departments.
5. Coordinate developmental activities (physical or socio-economic) affecting more than
one unit of government.
6. Provide a forum for discussion of plans and community development activities affecting
neighboring counties.
7. Acts as liaison between County and other levels of government, public and quasi-public
agencies in matters related to community development.
8. Provides leadership in educational forums related to planning, community development,
and associated areas of interest.
9. Maintains County database.
10. Monitors socio-economic trends within the County.
11. Maintains a planning library.
12. Assists local units of government in identifying planning and community development
needs and initiate projects and programs to overcome those needs.
13. Provides assistance and information to the general public in the areas of development
and planning.
AUGUST 2004
55
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
14. Coordinates the Geographic Information Systems project, both internally and the
Kalamazoo Area GIS Coordinating Council (KAGIS).
15. Administers the County’s Remonumentation Program.
Solid Waste Reduction – Recycling
The Recycling Coordinator position and budget was created in 1988 and operates within
the Department of Planning & Community Development. The following areas are the
responsibility of this program:
1. Promoting and educating County businesses and households concerning the benefits of
solid waste reduction and resource conservation.
2. Assisting local government units’ efforts to promote solid waste reduction and resource
conservation to residents.
3. Assisting efforts to advance solid waste reduction and resource conservation in County
facilities.
4. Providing technical support to the Solid Waste Management Plan.
Economic Development
Southwest Michigan First is the lead economic development organization for Kalamazoo
County. It was created with a mission to build an effective partnership among business,
education, foundations, and the public sector in pursuit of new opportunities for growth and
development for the purpose of improving and developing the area’s human, technical, and
capital resources.
Six specific goals have been developed for the organization, which are:
1. Create a world class, sustainable, economic development agency focused on
public/private partnerships.
2. Increase the presence of Kalamazoo County and the Southwest Michigan region in the
State government and Michigan Economic Development Corporation.
3. Lead and develop the area’s technology initiative in conjunction with:
a. Higher Education Consortium
b. Kalamazoo County Board of Commissioners
c. City of Kalamazoo
d. Regional Edge
e. Kalamazoo County Chamber of Commerce
f. City of Portage
g. Township Leaders
4. Maintain Kalamazoo as a manufacturing leader.
AUGUST 2004
56
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
5. Develop high quality, competitive sites to compete globally for business attraction, while
providing alternative space for local companies that need to expand.
6. Strengthen our alliances with our development partners:
a. Regional Edge - Cities, Counties, Townships.
b. Michigan Economic Development Corporation.
c. Private developers, realtors, and lenders.
d. Economic development organizations regionally.
e. Kalamazoo County Chamber of Commerce.
The only mandated services of the Department are Solid Waste Management Planning and
Remonumentation. Remaining services, while not mandated, are typical, expected County
services and are important to the mission of Kalamazoo County.
Planning/Community Development
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Boards and Committees
4. Metropolitan County Planning
Commission
1960
5.
1978
Board of Public Works
6. Solid Waste Management
Planning Committee
PA 451 of 1994
7. Economic Development
Corporation
1977
8. Brownfield Redevelopment
Authority
2002
Recycling
1. County-wide waste reduction,
waste management and resource
conservation
1988
Economic Development
1.
Southwest Michigan First
2.
CDBG Administration
AUGUST 2004
Annual
X
57
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Planning/Community Development
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Mapping
1.
GIS Committee
2. Kalamazoo Area GIS
Coordinating Council
2000
Remonumentation
1. Remonument government
section corners
PA 345 of 1990
Special Planning Projects
2. Grant administration for
various projects
X
3. Schoolcraft Area US-131
Planning Committee – by-pass
planning an
X
4.
Street Directory
X
5.
Census Data
X
AUGUST 2004
58
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Treasurer
The County Treasurer is an elected office mandated by Article 7, Section 4 of the
Michigan Constitution. The main function of the Treasurer is to maintain the County treasury,
which requires that the Treasurer’s Office undertake good accounting practice to record and
track all funds and accounts, to invest County funds according to the needs and wishes of the
County, and to report to the Board of Commissioners periodically on the condition of the
County’s finances.
The Treasurer is mandated by various state laws to administer the process used by
governmental units in the county to collect and disburse property taxes. In addition, the
Treasurer administers the collection of all delinquent property taxes. The County established a
delinquent tax revolving fund under MCLA 211.87b, which mandates that if the County has such
a fund, the Treasurer must be the agent of the fund.
When the County Board of Commissioners established a hotel/motel tax, they also
appointed the County Treasurer as the tax administrator for the tax.
In addition to these major functions of the Treasurer’s Office, the County Treasurer is
also mandated by state law to collect fees for dog licenses, and to participate on various
advisory, licensing, or regulatory boards. The Treasurer also has the added responsibility of:
1.
Custodianship and banking of funds.
2.
Investment of monies.
3.
Statutory supervision of all property taxes. During the current summer
and winter collection periods, local treasurers act as agents of and are
accountable to the County Treasurer during the March settlement for their
collections and uncollected remainder.
4.
Acting as agent for the County in Tax Note borrowing to permit 100
percent payments of real property delinquencies to levying units that
participate in the winter tax.
5.
Responsible for maintenance of all delinquent property records and
assignment of fees leading up to foreclosure and public auction of
property due to lack of tax payment.
6.
Transfer by ACH the State and Federal governments FICA and
withholding taxes.
7.
Accounting for and distributing penal fines.
8.
Administering the County's hotel/motel accommodation tax ordinance.
9.
Providing a tax certification on all transfers of real property when the deed
or other legal instrument contains a "Warrant and Defend" clause. A
AUGUST 2004
59
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
proper and legal description is required, and the transfer cannot be
recorded without the Treasurer's certification that taxes are paid.
10.
Settling MTT appeals, which includes refunds to taxpayers.
11.
Adjustments of tax dollars as ordered by local boards of review.
12.
Adjustments of denials or granting of homestead status as ordered by
Michigan State Treasury.
13.
Under requirements of Proposal A, responsible for the collection of all
state education taxes from taxing units and submitting them to the State.
14.
Sending to the State the transfer tax fees collected by Register of Deeds.
15.
Collecting dog license fees.
16.
Conformance and reporting responsibilities with the State for compliance
with Public Act 123 of 1999.
The Treasurer is a member of the following boards, committees, and commissions:
1.
Retirement Investment Committee (ex-officio member)
2.
County Plat Board
3.
County Apportionment Commission
4.
Election Commission
Treasurer
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Tax Collection Administration
1. Administer a process to
collect all delinquent property
taxes
MCLA 48.40
PA 211.58
2. Administer a process to
collect and disburse current year
property taxes
MCLA 48.40
3. Administer the delinquent tax
revolving fund
MCLA
211.87b
4.
Collect hotel/motel taxes
5.
Issue tax clearances
MCLA 211.135
6. Implement tax record
searches
MCLA 48.101
AUGUST 2004
01-01-1975
60
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
GENERAL GOVERNMENT
Treasurer
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Investment
1.
Invest County Funds
MCLA 129.71
MCLA 129.91
MCLA 48.40
2. Maintain a record of all funds
received showing balances
MCLA
750.485
3. Maintain County checking
accounts
MCLA
129.101
4. Participate on advisory,
licensing, or regulatory boards
MCLA 560.102(r)
MCLA 46.403(1)
MCLA 168.23
5.
Sell dog licenses
6. Invest for Kalamazoo County
Road Commission
MCLA
287.267
PA 51
Other functions
1.
Maintain Drain Office records
2. Funnel FICA, state, and
federal tax dollars to appropriate
departments
AUGUST 2004
PA 40
X
61
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
AUGUST 2004
HUMAN SERVICES
62
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
HUMAN SERVICES
AUGUST 2004
63
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Family Independence Agency
Under the Kalamazoo County Family Independence Agency (FIA) Board, and the
Michigan Family Independence Agency, Kalamazoo County FIA provides community
leadership, seeks to improve the quality of life by protecting children and vulnerable adults,
delivers juvenile justice services, and provides support to strengthen families and individuals
striving for independence.
Kalamazoo County FIA provides the following public assistance programs: Temporary
Assistance for Needy Families grants (Family Independence Program); Day Care; Food
Assistance; Medicaid and Emergency Relief. The agency administers the child support
collection program, client fraud investigation and services to children and adults that include
protective services, placement, home help and assistance with health, housing, and
transportation.
The primary joint effort between Kalamazoo County and the local Family Independence
Agency involves the care and supervision of more than 600 Kalamazoo County children who
have been adjudicated as neglected or delinquent wards by the Family Division of Circuit Court.
In order to fulfill these responsibilities, Kalamazoo County FIA maintains a regular Child Placing
Agency License regulated by the Michigan Department of Consumer & Industry Services that is
reviewed annually.
The FIA budget request represents the County’s portion of the cost in caring for these
children. The remaining costs are covered through state and federal funding. Every effort is
made to review state and federal funding eligibility prior to utilizing the County Child Care Fund.
All three levels of government are experiencing higher childcare costs.
Through the use of in-home care programs and community collaboration, Kalamazoo
County FIA has traditionally attempted to maintain children in their own homes, placed children
with relatives or facilitated an earlier return home from out-of-home placements. These efforts
are based on recent changes in the law, the belief that most children ultimately respond better
with a parent or relative caregiver and the fact that the majority of our children return home once
the court supervised treatment plan has been successfully completed.
Note: A function table has not been provided for this entity as direct operational authority does
not rest with Kalamazoo County Government.
AUGUST 2004
64
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services
The Kalamazoo County Human Services Department was created by resolution of the
County Board of Commissioners in November of 1982. The intent of the Board was threefold:
1. To create a County Human Services System that operates with the most advantageous
ratio of services to administrative cost.
2. To establish an administrative structure which is both accountable and allows the
highest degree of coordination with respect to service delivery and decision-making.
3. To develop a decision-making process for the Human Services System structured
around overall goals, and which acts on identified community needs and priorities.
It was the position of the Board of Commissioners that the provision of human services by
and through County Government and its appropriate departments is a proper and important
function of County Government.
To this end, the Kalamazoo County Human Services Department offers a unique and
effective human service delivery system. This system is guided by the mission of the
department, which is to improve the overall health of the community through coordinated
planning, resource development, and service delivery, so all members of the community can
participate in the opportunities, benefits and responsibilities of society.
The Human Services Department encompasses the functions of public health and
community action while incorporating other valuable programs including Head Start, Veterans,
Care-A-Van and the Area Agency on Aging.
The Public Health Code, Public Act 368 of 1978, as amended, mandates counties to
have a health department. The Code states that “a local health department shall and its local
governing entity shall provide or demonstrate the provision of each required service which the
local health department is designated to provide” (MCLA 333.2473 (2)). The code also details
numerous specific functions and activities to be performed by the local health department. In
1994, the Michigan Department of Community Health (MDCH) negotiated the Consensus Plan
with local departments that reduced the mandated functions to nine “required” programs:

Vision Screening

Food Service Sanitation

Hearing Screening

Immunization

Public Water supplies

Sexually Transmitted Diseases

Private and Type II Groundwater

On-site Sewage Disposal Management
Supplies

General Communicable Disease Control
A health department is only mandated to deliver the service directly if it cannot
demonstrate that it is otherwise sufficiently available in the county. For purposes of this report,
AUGUST 2004
65
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
these services are identified as mandated, but it should be noted that assurance of the program
is the mandate, not the provision of the service by the County.
There are functions and activities outside of the mandated services that are the
responsibility of the Michigan Department of Community Health (MDCH). Many of these duties
are also permitted to be carried out by local health departments under the regulations of the
Public Health Code. The Comprehensive Plan and Budget Contract (CPBC) and the
Department of Environmental Quality (DEQ) contract are annual agreements between the
County and MDCH, and outline the services to be delivered by local health departments. The
Board of Commissioners approves the CPBC and DEQ contracts annually.
The following sections detail the functions and programs of the Human Services
Department. They are listed by bureau and where the funding required for their performance is
budgeted.
Administration
The administration functions for the Human Services Department is lead by the direction
of the Human Services Director. Under this individual the department is steered strategically,
works collaboratively within its bureaus, and is represented in the community. The Human
Services Director also serves as the local health officer as defined in the Public Health Code
(MCLA 333.2428). The Medical Director carries out the specific requirements found in the
Public Health Code, including the Medical Examiner program (though it is not a Human Services
Department function), while the Deputy Director oversees the specific programs not found in
public health or community action. In addition to setting forth specific requirements, the Public
Health Code also includes some general statements of responsibility for the department:
planning and evaluating public health programs, investigating diseases and hazards, and
tracking trends and statistics.
The financial management of the department is also carried out in Administration. This
includes grant and contract management, budget preparation, and fiscal analysis for the
department’s bureaus. Financial reporting and auditing functions for the Department are also
accomplished in this area.
Administration provides oversight of the regional laboratory, dental clinic and the
Emergency Preparedness program.
Personal Health Services Bureau
The Personal Health Services Bureau includes the mandated services of childhood
immunizations, vision and hearing, and sexually transmitted disease and general communicable
disease control. This bureau also provides programs funded by the CPBC agreement including:
Women, Infants and Children (WIC), Maternal and Infant Support Services (MSS/ISS),
AUGUST 2004
66
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Children’s Special Health Care and HIV/AIDS testing and counseling. In addition, this bureau
performs several discretionary programs in the course of offering clinical services including wellchild screening, general health counseling and family planning referrals.
This bureau also provides infant/children services through the baby bundle program,
lead screening and Healthy Start case management.
Environmental Health Bureau
The Public Health Code identifies MDCH as the environmental health agency for the
state (MCLA 333.12103), though the local health departments perform much of the local
inspection work. Mandated services such as Public and Private Groundwater Supply and Onsite Sewage Disposal Management are among the required services for local public health
operations under the 1994 agreement.
The Public Health Code amended the area of Food Service Sanitation in 2000. This
amendment gave oversight for food service sanitation to the Department of Agriculture under
MCLA 289.1101. The new language states that the Department of Agriculture or the local health
department shall conduct food service inspections and that the local health department shall
maintain all records. Food service sanitation is a required service under the 1994 agreement.
Other inspections that are currently conducted by the Human Services Department
include: campgrounds, swimming pools, bathing beaches and lead testing.
Subdivision/Condominium on-site systems also are required to be inspected by the State, which
delegate the authority to the local health department.
The remaining programs in the Environmental Health Bureau are the Household
Hazardous Waste and Ozone Monitoring. These are provided to protect and monitor the
environment in the county.
Community Health Services Bureau
The Community Health Services Bureau focuses on the education of the community and
the status of the health of the County. The mandated requirement of conducting
epidemiological studies is found in this bureau. Most of the functions performed in the
Community Health Services Bureau are found in the CPBC agreement, including Breast and
Cervical Cancer Control Program, Tobacco control, Immunize by Two, HOPWA funding and the
African American Health Initiative. The Community Health Services Bureau also provides
substance abuse prevention education and training and HIV/AIDS education.
Community Action Bureau
While the Community Action Bureau’s programs are discretionary services, these
programs provide vital resources to some of the county’s most vulnerable families and
AUGUST 2004
67
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
individuals. Housing improvements, food distribution and utility assistance are programs that
strive to help families maintain a basic quality of life level. Other programs that assist families,
in whole or in part, are the Head Start/School Readiness program for three to four year olds,
Solar Gardens, which provides employment and training, and a teen-parenting program.
The Community Action Bureau provides housing to adults with special needs by
operating an emergency shelter and also a transitional housing facility.
Human Services Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Administration
Organizational Management and Planning
1. Administer and oversee
departmental programs
MCLA 333.2428
11/1982
2. Coordinate and carryout
County and department strategic
plans
X
3. Promote department in the
community
X
4. Monitor and maintain
departmental buildings and
grounds
X
Community Assessment, Surveillance, and Reporting
1. Investigate diseases and
epidemics
MCLA 333.2433
2. Investigate environmental
hazards and illnesses
MCLA 333.2433
10/03-9/04
3. Evaluate programs, services,
projects, and accreditation
4.
Submit annual report
5. Submit reports of disease to
MDCH
X
MCLA 333.2431
MCLA 333.2431
10/03-9/04
6. Conduct Fetal Infant Mortality
Review (FIMR)
AUGUST 2004
68
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Financial Administration
1. Administer a system to charge
and collect fees
X
2. Install and maintain a system
of accounting
MCLA 333.2481
3. Submit an annual budget to
MDCH
MCLA 333.2483
4. Submit budgets for Federal
programs and grants
X
5. Provide fiscal, program, and
legislative analysis
X
Grant and Contract Management
1.
Administer contracts
X
2. Record grant and contract
information
X
Health Code Administration
1. Implement and enforce health
laws
MCLA 333.2433
2. Submit an organizational plan
for approval to MDCH
MCLA 333.2431
Emergency Preparedness
1. Administer communication
activities in case of an emergency
event
2002
10/03-9/04
X
2. Communicate with County
organizations to coordinate
emergency activities
2002
10/03-9/04
X
3. House emergency
preparedness supplies and
communication center
2002
10/03-9/04
X
4. Provide action plan in the
case of an emergency event
2002
10/03-9/04
X
AUGUST 2004
69
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Laboratory Services
1. Provide clinical and
environmental testing and regional
CLIA administration
10/03-9/04
X
2. Serve as Level B lab for the
Federal Bioterrorism Readiness
Response Program
2002
10/03-9/04
X
Area Agency on Aging
1. Administer and coordinate
local programming efforts
1996
10/03-9/04
2. Provide funding for programs
assisting older adults
1996
10/03-9/04
X
3.
1997
10/03-9/04
X
1986
X
1991
X
Omnsbudsman
X
Care-A-Van
Provide demand/response public
transit
Dental Clinic
Provide dental services to County
residents
Veterans Affairs and Soldiers Relief
1. Administer the Michigan
Veterans Trust Fund
1996
2. Levy tax to support Veteran’s
Relief Fund
MCLA 35.21
3. Provide burial assistance for
eligible veterans
MCLA 35.801
4. Provide foundations for grave
markers for eligible veterans
MCLA 35.803
5. Provide information and
referral services to eligible
veterans
X
6. Provide emergency financial
assistance for eligible veterans
AUGUST 2004
70
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Information Technology
Electronically collect, maintain,
and transmit health data
X
Personal Health Services Bureau
Immunizations
1. Maintain immunization status
data
MCLA 333.9209
10/03-9/04
2.
MCLA 333.9203
10/03-9/04
MCLA 333.9203
1950
10/03-9/04
Provide adult immunizations
3. Provide childhood
immunizations
4. Provide immunization
education in community and health
care organizations
10/03-9/04
X
5. Immunization Action PlanVFC oversight and training
10/03-9/04
X
Services to Women and Children
1. Administer Women, Infant,
and Children (WIC) Program
1976
10/03-9/04
X
2. Provide well-child screening
to low-income clients
1952
10/03-9/04
X
3.
10/03-9/04
X
10/03-9/04
X
Lead screening
4. Healthy Start case
management
TB Screening
1.
Implement TB Screening
2. TB prevention, treatment, and
case management
10/03-9/04
MCLA 333.5117
X
10/03-9/04
Health Care Access and Outreach
Provide outreach and enrollment
services
9/03-8/04
X
Children’s Services
Provide special health care
services to children
AUGUST 2004
10/03-9/04
X
71
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Constitution
Statute
Court Orders
Court Rules
Board Authorized
Agreement
MCLA 333.5117
10/03-9/04
Function
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Non-Mandated
Necessary
Mandated
Communicable Disease Control
Control and surveillance of
communicable diseases
Maternal/Infant Support Services
1. Provide maternal and infant
support services to at risk
1985
10/03-9/04
X
2.
SIDS
10/03-9/04
X
3.
Child death review
X
4. Baby Bundle program-provide
infant supply items
X
STD/HIV/AIDS
Testing, treatment and contact
follow-up
MCLA 333.5114
MCLA 333.5117
10/03-9/04
MCLA 333.9301
10/03-9/04
1. Inspect food service
operations
MCLA 289.3121
10/03-9/04
2. Investigate complaints about
food service operations
MCLA 289.3129
10/03-9/04
MCLA 324.4107
10/03-9/04
Vision and Hearing
Conduct vision and hearing
screening services
Environmental Health Bureau
Food Service Sanitation
On-Site Sewage Disposal
1.
Evaluate sewage systems
2. Evaluate suitability of vacant
land for on-site system
10/03-9/04
X
Other Inspections and Investigations
1. Conduct childhood lead
poisoning investigations
X
2. Inspect campgrounds and
campground complaints
X
AUGUST 2004
72
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
3. Inspect licensed child/adult
care facilities and investigate
complaints
X
4.
X
Inspect mobile home parks
5. Inspect public swimming
pools
MCLA 333.12524
6. Inspect subdivision/
condominium on-site systems
X
7. Investigate complaints about
the sanitation of dwellings
X
8. Investigate public health
nuisances
X
9.
Monitor bathing beach water
X
10. Monitor surface water
X
Private Groundwater Supply
1. Process well permit
applications
MCLA 325.1010
2.
MCLA 325.1010
Investigate complaints
Public Groundwater Supply
1.
Conduct Type II evaluations
MCLA 325.1015
2.
Conduct Type III evaluations
MCLA 325.1015
3. Process well permit
applications
MCLA 325.1015
Household Hazardous Waste
1. Collect and recycle household
hazard waste from County
residents
X
Ozone Monitoring
1. Monitor ozone and particulate
matter concentrations
AUGUST 2004
X
73
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Function
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Community Health Services Bureau
Chronic Disease
1. Partner for tobacco control –
Tobacco Coalition
10/1995
10-03-9/04
X
2. Provide breast and cervical
cancer screening
10/1993
10/03-9/04
X
10/1985
10/03-9/04
X
Education Programs
1. Substance abuse prevention
education and training
2.
HIV/AIDS education
X
African American Health Initiative
Provide funding for African
American health issues
10/1999
10/03-9/04
X
Epidemiology
1. Conduct epidemiological
studies
MCLA 333.2433
2. Collect and analyze
communicable and chronic
disease data
X
Housing Opportunities for People with AIDS (HOPWA)
Provide funding for housing
assistance
1995
10/03-9/04
X
Immunize by Two
Enter data for Kalamazoo County
Immunization providers
MCLA 380.1177
Michigan Childhood Immunization Registry (MCIR)
Enroll and train childhood
immunization providers for 15
county region #2
10/1996
10-03/9/04
Healthy Start
Manage Healthy Start services
AUGUST 2004
9/1997
10/03-9/04
X
74
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Community Action Bureau
Transitional Housing Unit
1. Operate an emergency
shelter for special needs single
adults
1989
10/03-9/04
10/03
2. Operate a transitional housing
facility for single men with
substance abuse issues
09/02-03/05
10/02
01/03-12/04
03/03
X
Community Development Block Grant (CDBG)
1. Secure and administer CDBG
funds from HUD
2. Assist low-income families
with affordable housing options
X
X
Solar Gardens
Provide employment and training
for low-income and special needs
people through the operation of
gardens and greenhouses
1977
10/03-9/04
X
1976
10/03-9/04
X
1. Provide emergency services
to low-income individuals and
families
10/03-9/04
X
2. Bi-monthly distribution of
federal surplus food products
10/03-9/04
X
3.
1979
10/03-9/04
X
10/03-9/04
X
Head Start/School Readiness
Provide preschool programming to
low-income three and four year
olds
Social Services Unit
LIHEAP-utility assistance
Teen Parents Program
Provide case management
services to pregnant teenagers
and teenage parents
AUGUST 2004
75
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Human Services Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Weatherization
Provide home improvement
services to qualified homeowners
and renters
AUGUST 2004
04/04-3/05
X
76
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
HUMAN SERVICES
Kalamazoo County Mental Health Services
On January 1, 1997, the Kalamazoo County Board of Commissioners passed a
resolution creating Kalamazoo Community Mental Health Services Authority (KCMHS) which
became a mental health authority as provided under the Michigan Mental Health Code. The
General Fund annual contribution to KCMHS was frozen when it was given authority status.
KCMHS is governed by a twelve-member board who are appointed by the County Board
of Commissioners for a three-year term.
On October 1, 2002, KCMHS became the regional Medicaid Prepaid Health Plan for
Kalamazoo, Allegan, Cass and St. Joseph Counties. KCMHS has a Medicaid Sub-Capitation
arrangement with the other three Counties. Also on this date, KCMHS assumed the Substance
Abuse Coordinating Agency responsibilities for Kalamazoo, Barry, Branch, St. Joseph and Van
Buren counties.
The majority of the funding in the annual budget is derived from Medicaid and State
general funds, which are capitated and regulated by the State through a special service contract
with KCMHS. The County’s general funds are used to either match State and Federal funding
or to fund community services.
Note: A function table has not been provided for this entity as direct operational
authority does not rest with Kalamazoo County Government.
AUGUST 2004
77
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
AUGUST 2004
HUMAN SERVICES
78
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
JUSTICE
AUGUST 2004
79
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Eighth District Court
The District Court is a part of the judicial branch of state government. In January 1999,
three separate District Courts in Kalamazoo County, 8th District Court (Kalamazoo County), 9-1
District Court (City of Kalamazoo) and 9-2 District Court (City of Portage) consolidated into one
county-wide jurisdiction District Court, legislated as Kalamazoo County Eighth Judicial District
Court. There are seven judges elected for six-year terms. All of the salary for these seven
judges is paid by the State of Michigan.
The Chief Judge is responsible for the administration of the District Court. The Supreme
Court has established the duties, powers and responsibilities of the Chief Judge by court rule,
MCR 8.810. The Supreme Court’s Administrative Order 1998-5 addresses the Chief Judge’s
responsibilities as they relate to inter-governmental relations, particularly with the funding unit.
The Court Administrator, appointed by the Chief Judge, is responsible for all administrative and
non-judicial operations of the court.
The District Court has original jurisdiction on criminal felony cases; general jurisdiction
over criminal misdemeanors, traffic misdemeanors, traffic civil infractions, non-traffic civil
infractions and general civil cases where the contested amount is $25,000 or less, small claims
cases and summary proceedings (Landlord/Tenant relationships).
Magistrates assist the judiciary by presiding over arraignments, informal hearings and
small claims cases. They also issue arrest and search warrants, set bail, accept pleas, impose
sentences and perform marriages.
Although the Court is now a consolidated District Court, operations continue to be
located in three separate locations:
The North Location, located at 227 W. Michigan Ave., Kalamazoo, handles all criminal
matters stemming from offenses occurring in the entire northern portion of Kalamazoo County
(north of Kilgore Road). This allows greater efficiencies in case processing as well as
efficiencies in case flow on felony matters, with Circuit Court occupying space in the same
building. The local Bar Association as well as other court users are also better served.
The Crosstown Location, 150 E. Crosstown Parkway, Kalamazoo, handles all civil,
small claims, summary proceedings and non-criminal traffic cases for the entire northern portion
of Kalamazoo County. This also creates greater efficiencies in case processing as well as
provides easy access for court users and the Local Bar Association, particularly prosecuting
agencies, and ample free parking.
The South Location, 7810 Shaver Road, Portage, is a full-service court handling all
criminal, civil and traffic matters occurring in the southern portion of Kalamazoo County (south
of Kilgore Road). The South Location provides easy access to citizens, south county
prosecuting agencies and law enforcement as well as ample, free parking.
AUGUST 2004
80
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Citizens may conduct court business in the location most convenient to them, which
includes making payments or filing cases. All cases, tickets, money and documents are
processed by Deputy Clerks in these busy offices. More than 100,000 clients are served each
year.
Administrative staff is responsible for all business functions of District Court, which
includes case flow management, personnel administration, budgeting and finance, records and
facility’s management, and technologies to enhance operation efficiencies.
District Court Services
District Court Services was established in February 2004. District Court combined three
essential offices into one department known as “District Court Services.” This new department
includes Probation, Pretrial Services, and Collections and is supervised by the District Court
Services Director.
By combining three offices, the District Court is more efficient in screening the recently
arrested and collecting outstanding debts, while continuing to provide meaningful sanctions as
an alternative to incarceration.
Probation
Probation Officers supervise a large number of offenders sentenced to a term of
probation. Offenses include a vast array of misdemeanors, including assaultive offenses and
offenses related to substance abuse. Probation Officers also prepare sentence
recommendations to the judges and ensure offenders are held accountable to the terms of the
Court’s order. Placing a defendant on probation, rather than sentencing to a term of jail, assists
in the effort to eliminate jail overcrowding in Kalamazoo County. Although state law does not
mandate these services, the Court relies heavily on these alternatives to jail.
District Court Services outsources low risk/non-assaultive probationers, who require a
low level of monitoring, to the Kalamazoo Probation Enhancement Program (K-PEP) in order to
allow District Court Probation Officers to provide a higher level of supervision to higher risk
offenders. The District Court Services Director supervises this Program.
Pretrial Services
Pretrial Services operates under the direction of the Pretrial Services Advisory Board,
consisting of the Chief Judges from the District and Circuit Court, the Prosecuting Attorney, and
the Sheriff.
Pretrial Services screening staff assess the needs and risks presented by recently
arrested defendants in order to provide judges with information and recommendations intended
to help them make appropriate decisions concerning the determination of bail and/or conditions
AUGUST 2004
81
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
for release from custody. Judges have come to rely heavily on the verified information
contained in the bond reports. As a result, they are more likely to set attainable bonds on
defendants, ultimately having a positive impact on the jail population.
Collections
Collection Officers are responsible for the collection of fines, costs and fees assessed by
the sentencing judges and magistrates, and monitoring the “COLLECT” Program, software
specifically developed for the 8th District Court, which generates overdue notices and show
cause hearings on non-payment cases.
Eighth District Court
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Adjudication and Disposition
Adjudication of Civil Cases
1. Process general civil cases
involving claims of $25,000 or less
MCLA 600.8301
2.
MCLA 600.5704
Process landlord/tenant cases
3. Process small claims cases
filed in Court
MCLA 600.8401
4. Receive and disburse money
associated with civil case
processing
MCLA 600.8371
MCLA 408.685
600.5756
Adjudication of Criminal Cases
1. Accept payments and receive
and disburse fees and bonds
associated with criminal case
processing
MCLA 600.8311
MCLA 780.905
12.206
2. Adjudicate misdemeanor
cases
MCLA 600.8311(a)
3. Conduct preliminary
examinations in felony cases
MCLA 600.8311(d)
Civil Infractions (Traffic and Ordinance Violations
1.
Adjudicate civil infractions
AUGUST 2004
MCLA
257.741
82
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Eighth District Court
2. Process payments for tickets
and fines associated with traffic
and ordinance violations
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCLA 600.8371
MCLA 257.907
MCLA 324.48740
MCLA 324.40119
MCLA 324.1609
MCLA 257.629e
MCLA 600.8420
MCLA 600.8381
District Court Services
Probation
1.
Administer house arrest
2.
Administer Probation program
X
3.
Collect assessed monies
X
4.
Conduct drug testing
X
5. Make referrals to treatment
program
X
X
6. Conduct alcohol screenings
and assessments and other presentence investigations
X
Pre-Trial Services
1. Assess needs and risks of
recently arrested parties and
provide judges with information
and recommendations to assist
them in making appropriate
decisions concerning
determination of bail and/or
conditions for release from
custody.
X
Collections
1. Responsible for the collection
of fines, costs and fees assessed
by judges and magistrates using
the “COLLECT” program, software
specifically developed for the 8th
District Court, which generates
overdue notices and show cause
hearings on non-payment cases.
AUGUST 2004
X
83
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Ninth Circuit Court
The Circuit Court is part of the judicial branch of state government. However, the county
is responsible for funding Circuit Court operations, with assistance from the state and federal
government.
The Circuit Court is the court of general jurisdiction, meaning it has jurisdiction over all
matters not otherwise assigned to other courts (Const 1963, Art VI, Sec 13).
In 1996, the Legislature created the Family Division of Circuit Court by transferring to
Circuit Court jurisdiction over many cases previously handled by the Probate Court and required
Circuit Court and Probate Court to develop a plan for the Family Division. MCL 600.1001 et
seq. The legislation contemplated that some probate judges would serve in the Family Division.
There are five elected Circuit Judges in Kalamazoo County. Three elected probate judges also
serve in the Circuit Court, two on a full-time basis.
The jurisdiction of the Circuit Court includes:
 Family Division
o Abuse and neglect
o Divorces, Paternity, Adoption
o Juvenile delinquency, name changes, emancipations
Note: Adoptions, emancipations and name changes are handled by the Probate
Court, Estates Division pursuant to the local “Family Court” plan.
 Trial Division
o Appeals from other Courts and agencies
o Civil cases involving more than $25,000
o Felony criminal cases
The Circuit Court’s mandated judicial activity is supported by necessary administrative
functions. These activities include maintaining all court files and records; preparing notices,
pleadings, orders, judgments and transcripts; case scheduling; jury management; appointing
counsel for indigent defendants; gathering information to make bond decisions; collecting fees,
costs and restitution; and providing mediation services. All of these activities are essential to
fulfill the court’s judicial responsibilities.
Organization Of The Ninth Circuit Court
The Circuit Court has three divisions:
1. Family Division
2. Trial Division
3. Administrative Services Division
AUGUST 2004
84
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
The seven full-time judges of the Circuit Court are assigned to either the Family Division
or the Trial Division. However, the Circuit Court operates under a central assignment system
that assigns judges to assist with each other’s dockets as needed.
The Administrative Services Division includes the following units that directly support the
Family and Trial Divisions of the court:
 Court Services
 Family Services
 Finance Services
 Records Services
 Friend of the Court
 Juvenile Home
Most Circuit Court employees serve in the Administrative Services Division. The
exceptions are the judges’ immediate staff and the referees serving in the Family Division.
The Chief Judge is responsible for the administration of the Circuit Court. The Supreme
Court has established the duties, powers and responsibilities of the Chief Judge by court rule.
MCR 8.810 (“The Chief Judge Rule”). The Supreme Court’s Administrative Order 1998-5
addresses the Chief Judge’s responsibilities as they relate to inner-governmental relations,
particularly with the County Board. The Court Administrator, appointed by the Chief Judge, is
responsible for all administrative and non-judicial operations of the court.
Records Services
The County Clerk is the clerk of the Circuit Court (Const 1963, Art VI, Sec 14). The
County Clerk is one of the elected county officers (the others are the Sheriff, Treasurer, Register
of Deeds and Prosecuting Attorney) provided by the Constitution (Const 1963, Art VII, Sec 4).
The functions of the County Clerk are addressed by statute. MCL 50.61 et seq and MCL
600.571. These provisions do not apply to the Probate Court or District Court, which are
responsible for their own records. The relationship between the Circuit Court and the County
Clerk is also defined by Lapeer County Clerk v Lapeer Circuit Court, 469 Mich 146 (2003).
The Circuit Court monitors and maintains court records under a cooperative agreement
with the County Clerk/Register. The Chief Court Clerk and her staff are deputy county clerks.
As the Records Services unit, they are responsible for all official records at the Circuit Court and
receive and disburse court ordered payments in conjunction with Finance Services. Part of this
function also includes providing copies of files to members of the public as requested. In
addition, the Clerk of the Court has been given the duty to store and destroy all case files and
stenographer notes in accordance with the provisions of MCL 600.2137.
AUGUST 2004
85
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
There are many court records, and other information, that are non-public information.
Generally, secrecy involving court records, information and proceedings is designed to protect
the integrity of the judicial process and individual rights of the participants. For example, jury
deliberations are secret, so that they cannot be influenced by outsiders.
To protect the integrity of the Judicial Branch, (and for many other reasons), internal
records and information involving the court’s operations are confidential. The Supreme Court,
through the State Court Administrative Office (SCAO), requires that data, information and
records generated by computer systems or other communication systems are the property of
the courts and shall not be disseminated without written approval of the Chief Judge. Only the
court has the authority to monitor and review all data, information or records generated by the
judges and employees of the court, and the Chief Judge has the sole authority to authorize
dissemination of court records or address the violation of the standards of operation relating to
such records (SCAO Administrative Memorandum 2000-07).
Facilities, Funding, and Personnel
The Circuit Court operates at five principle locations within Kalamazoo County: The Gull
Road Courthouse (Family Division); The Michigan Avenue Courthouse (Trial Division); The
County Administration Building (Friend of the Court); The Juvenile Home; and the Crosstown
Facility (Adoptions, Emancipations and Name Changes).
The County Board is primarily responsible for funding court operations, with assistance
from the state for trial court operational expenses. MCL 600.591, MCL 600.9947. Significant
additional funding comes from a variety of state and federal sources, as explained later.
Generally, the County can use a lump sum or line item budget for the courts.
Both the Legislature and the Supreme Court have attempted to define the
responsibilities of the County Board and the Circuit Court as they relate to one another. MCL
600.591 and Administrative Order 1998-5. The County is the employer of county-paid
employees of the Circuit Court, and with the concurrence of the Chief Judge, can establish
personnel policies and procedures. The County pays the compensation for the Circuit Court
employees. The Chief Judge has the authority to appoint, supervise, discipline or dismiss
employees of the Circuit Court. The statute recognizes the Chief Judge is the principle
administrator of the officers and the personnel of the court.
The County Board is also responsible for Adult Probation’s overhead. MCL 791.223a(5).
Adult Probation oversees Circuit Court probationers, but is part of the Department of
Corrections. The employees are employed by and paid by the State of Michigan. However, the
county is responsible for adult probation’s rent, contractual services, supplies, materials and
equipment. MCL 791.223a(5). Juvenile probation is authorized by MCL 712A.9 et seq is part of
the Family Services Administrative Unit of Circuit Court. The employees are court employees.
AUGUST 2004
86
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
The Family Division administers a number of programs that provide options for the
disposition of juvenile cases, ranging from probation to institutionalization to various counseling
programs. Neither the court, nor the county is mandated to make available any specific
programs, however the Juvenile Code does state that the law “. . . shall be liberally construed so
that each juvenile coming within the court’s jurisdiction receives the care, guidance and control,
preferably in his or her own home, conducive to the juvenile’s welfare and the best interest of
the state.” MCL 712A.1(3). “If a juvenile is removed from the control of his or her parents, the
juvenile shall be placed in care as nearly as possible equivalent to the care that should have
been given to the juvenile by his or her parents.” MCL 712A.1(3). The statute also defines a
range of dispositions which the court may consider. These two sections, read in conjunction
with each other, are a mandate for the availability of these services for the court.
In addition, MCL 400.23 requires the state to reimburse the county for 50 percent of the
expenses of providing certain juvenile services involving out-of-home placement or alternatives
designed to prevent out-of-home placement. MCL 400.117a(c) defines a juvenile justice service
as including “intake, detention, detention alternatives, probation, foster care, diagnostic
evaluation and treatment, shelter care, or any other service approved by the state FIA . . .” The
portion of the cost of these services which is not covered by the state is paid for by the county.
The relationship of the county and the state, and what programs the county will provide and
what the state will pay for, is formally stated and agreed to through the Child Care Fund Plan
and Budget, which is approved annually by the Board of Commissioners.
There are two unique parts of the Circuit Court operation that may benefit from further
explanation: The Friend of the Court (FOC) and the Juvenile Home. The Friend of the Court
was created by the Legislature as part of the Circuit Court. MCL 552.501 et seq. The Friend of
the Court is an employee of the Circuit Court, supervised by the Chief Judge. MCL 552.503.
Both the Friend of the Court and the Juvenile Home are administrative units of the Circuit Court
under the Family Division Plan adopted by the Kalamazoo County Probate Court and the 9th
Circuit Court.
The Friend of the Court Act establishes the Friend of the Court and the responsibilities
of the FOC. MCL 552.501 et seq. Generally the purposes of the Act are to protect the best
interests of children in domestic relations matters, encourage and assist parties in voluntarily
resolving domestic relations matters and compelling the enforcement of custody, parenting time
and support orders. MCL 552.501(2). Since the Friend of the Court performs activities required
of the states by the federal government, many of the state statutes incorporate the federal
requirements. In some cases, such as custody and parenting time activities, the state statute
includes activities not actually mandated by the federal government, but for which it has allowed
the federal funds to be used.
AUGUST 2004
87
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
The Juvenile Home is authorized by statute. MCL 712A.16. The Juvenile Home in
Kalamazoo County is operated by the Circuit Court pursuant to a longstanding arrangement
with the County Board. See MCL 712A.16(6). The Kalamazoo County Juvenile Home is the
only secure facility in Kalamazoo County for housing young persons who have violated the law.
Rehabilitative programs in the Juvenile Home include skill building, educational/vocational
training, conflict resolution and mediation training. The Day Treatment Program operated by the
court is housed in the Juvenile Home. The Intensive Learning Center operated by Kalamazoo
Regional Educational Services Agency (KRESA) is also located in the Juvenile Home.
Funding for the Circuit Court from Non-County Sources
Over the years, the Circuit Court has become less dependent on the county for its
funding. In 1980, 67.8% of the court’s budget was from county funds. In 2004, only 58.6% of
the Circuit Court budget is from county funds. The other 41.4% comes from a variety of sources
described in the following:
State Ward Chargebacks. When delinquent youth under the jurisdiction of the Circuit
Court as minors are committed to the state for institutional placement, the State of Michigan
pays the costs and then charges the county for one-half of those costs. This chargeback
amount is carried in the Circuit Court’s budget and has been nearly two million dollars for the
last several years. The per day costs of each delinquency placement averages well over $200,
so it does not take more than 30 of these placements to get into the millions of dollars.
Child-Care Fund. The Child-Care Fund is a collaborative effort between the state and
county governments that supports programs to serve neglected, abused and delinquent youth.
The Child-Care Fund originated in 1955, starting with a series of bills that required the state to
reimburse counties for foster care. Now the state reimburses the county for 50% of all eligible
child care costs.
To be eligible for reimbursement, the county must submit an annual Child-Care Fund
Plan and Budget to the state each fall. These budgets are reviewed and approved by the ChildCare Fund Office. These plans describe, in detail, the services we wish to provide for the
coming year and the projected costs of those services. As money is spent by the county on
these services, the State of Michigan is billed for our one-half share of those costs. An annual
on-site program review is conducted by state Child-Care Fund staff to assure that program
expenditures comply with Child-Care Fund regulations and policy. Kalamazoo County will
receive reimbursement for staff and operational costs of approximately $1,300,000 during the
2004-2005 fiscal year. One of the largest portions of this funding is for our Juvenile Home. Onehalf of the total cost of operating the Juvenile Home is reimbursed to the county from Child-Care
Fund dollars. Other services funded with Child-Care dollars include: the day treatment
AUGUST 2004
88
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
program, intensive probation, in-home detention, intake screening, foster care and juvenile drug
treatment court.
Drug Treatment Court Funding. The Circuit Court operates three Drug Treatment
Courts. These three programs cost $780,000 per year to operate. Fifty percent of the funding
for these programs is from state, federal and grant sources. The Kalamazoo Courts are
recognized nationally as leaders in operating these programs, which are part of our commitment
to therapeutic jurisprudence.
Title IV-D Funding. Since 1974, the federal government, under Title IV-D of the Social
Security Act, has required every state to have a child-support enforcement agency. In
Michigan, this agency is the Office of Child Support (OCS), which is a division of the Family
Independence Agency (FIA). OCS annually contracts with the county and Circuit Court to have
the prosecuting attorney and Friend of the Court staff provide child support enforcement
activities, also known as IV-D activities. The funding from state and federal sources varies
based upon a complicated formula. Approximately 66% of the total staff and operational costs
of our Friend of the Court operations comes from these state and federal funds.
Title-IV-E Funding. The cost of out-of-home placements for some youth are covered by
another category of federal funds. Title IV-E is another section of the Social Security Act.
Under provisions of this federal law, one-half of the placement costs are paid for out of federal
funds. To be eligible, the child must come from a family meeting certain poverty guidelines.
State Funding of Judicial Salaries. There are five Circuit judges in the Ninth Circuit
Court and two Probate judges serving in the Family Division of Circuit Court. All of the salary for
these seven judges is from State of Michigan funds.
Friend of the Court Medical Support Enforcement. It is an important federal and
state interest to see that children receive proper medical care and that they are insured for their
health care needs when possible. The Circuit Court receives a grant of $109,370 for this effort.
That grants pays 100% of the personnel cost of the Medical Support Enforcement Unit in the
Friend of the Court operations. Three staff members’ costs are paid from this state grant.
The total number of personnel in the Circuit Court, including judges, is 211. Over onehalf of those positions (112) are paid for totally or partially by other than county funds.
Non-Mandated Court Functions
Most of the non-mandated functions of the Circuit Court fall into the category of services
available to families through our Family Division. Many of those services are funded partially
with Child-Care Fund dollars. All of these services exist to help youth and families locally with
their problems rather than sending youth off to much more expensive alternatives.
AUGUST 2004
89
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Circuit Court
Board Authorized
Agreement
Original contract
Current contract
Statute/ Court
Rule Supporting
Necessity of
Function
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Judicial Activity
1. Legal research, draft opinions
and orders
2.
MCR 2.517
Enforce court orders
Numerous statutes
and court rules
3. Address jail and juvenile
home overcrowding
MCL 765.1 et seq
MCL 801.51 et seq
4.
Continuing education
5. Conduct court proceedings
and reviews; related preparations
MCR 8.104,
8.110(D)(4)&(5)
Numerous statutes
and court rules
Trial Division
1.
Felony criminal cases and
serious misdemeanors.
MCL 600.601
2.
Civil cases over $25,000
MCL 600.605
3. Appeals from other courts and
administrative agencies
MCL 600.615
MCL 600.631
Family Division
1. Juvenile delinquency
proceedings
MCL 600.1021
2.
MCL 600.1021
Child protective proceedings
3. Domestic relations
proceedings (divorce; paternity;,
child support, custody, and
parenting time; personal protection
orders)
MCL 600.1021
4. Adoptions, name changes,
emancipations
MCL 600.1021
Administrative
1. Supervise and direct work
force
AUGUST 2004
MCL 600.591
AO 1998-5
MCR
8.110(C)(3)(d)
90
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Circuit Court
2. Hire, discipline and train work
force
MCL 600.591
AO 1998-5
MCR
8.110(C)(3)(d)
3. Plan strategically and monitor
performance
MCR
8.110(C)(2)(c)
4. Liaison with other agencies of
local and state government
Board Authorized
Agreement
Original contract
Current contract
Statute/ Court
Rule Supporting
Necessity of
Function
MCR
8.110(C)(2)(e)
AO 1998-5
X
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Records (Clerk of the Court)
1. Maintain court files and
records
MCL 600.571
MCR 8.105, 8.119
2.
MCL 600.571
MCR 8.105, 8.119
Make records of court activity
3. Accept all pleadings, provide
public access to files, provide
copies of records
MCL 600.571
MCR 8.105, 8.119
Case Management
1. Case scheduling, monitoring
and reporting
MCR 8.107
AO 2003-7
2. Prepare notices, orders and
judgments
Numerous statutes
and court rules
3.
Prepare transcripts
MCR 8.108, 8.109
4.
Jury management
MCL 600.1300 et
seq
MCR 2.510
5.
Jury board
6. Indigent attorney appointment
and payment
MCL 600.1301
MCL 775.16
MCR 3.915, 3.916,
6.005, 8.123
Admin memo
2003-5
7. Case evaluation, mediation
MCR 2.403, 2.404,
and Alternative Dispute Resolution
2.410, 2.411,
3.216
AUGUST 2004
91
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Circuit Court
Board Authorized
Agreement
Original contract
Current contract
Statute/ Court
Rule Supporting
Necessity of
Function
MCL 712A.16
X
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Financial
1. Assess, collect and disburse
court ordered payments
MCL 600.571
MCR 8.106
2.
MCR
8.110(C)(3)(f)
Prepare and monitor budget
3. Coordinate audits and provide
reports
MCR
8.110(C)(3)(f)
Services
1.
Juvenile Home
2.
Intensive Learning Center
X
3.
Day Treatment Program
X
4.
Juvenile Probation
5.
In-Home Detention
6.
Juvenile Intake
MCL 712A.18
X
7. Court Appointed Special
Advocate (CASA) Program
8.
Foster Care Program
9.
Drug Treatment Courts
MCL 600.1021
X
MCR 3.917
X
MCL 712a.18(1)(c)
X
X
10. Domestic Intake
MCL 600.1021
X
Friend of the Court
1.
Friend of the Court
MCL 552.501 et
seq
2. Child support, custody, and
parenting time enforcement
MCL 552.509,
552.511 & 552.517
3. Custody and parenting time
evaluations
MCL 552.505
4.
MCL 552.513
Domestic mediation
AUGUST 2004
92
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Probate Court
The Probate Court is part of the judicial branch of state government. The Constitution of
Michigan, Const 1963, Art VI, Sec 15, provides that “the jurisdiction, powers and duties of the
Probate Court and of the Judges shall be provided by law”. The “as provided by law” phrase in
the Constitution, in essence, delegates the establishment of Probate Court jurisdiction to the
legislature. The legislature, through the enactment of various statutes, has defined the specific
work of the Court.
The three elected Probate Judges are Carolyn H. Williams, Patricia N. Conlon and the
Chief Judge, Donald R. Halstead. Pursuant to the Family Division Plan developed by the Circuit
Court and Probate Court, two elected probate judges serve in the Circuit Court on a full-time
basis and are located at the Gull Road Courthouse (Family Division). The Chief Probate Judge,
located at the Crosstown Facility, presides over all probate matters and also assists with the
docket of the Circuit Court.
The jurisdiction of the Probate Court includes:
 Settlement of estates of deceased persons
 Proceedings concerning trusts
 Proceedings to determine heirs in separate proceedings
 Concurrent jurisdiction regarding civil matters pertaining to estates
 Proceedings to appoint guardians for adult individuals who are legally incapacitated
 Proceedings to appoint partial and or plenary guardians of the person and/or of the
estate for individuals who are developmentally disabled
 Proceedings to determine a person’s need of treatment for mental illness
 Proceedings to appoint conservators for protected individuals
 Proceedings to issue protective orders
 Proceedings to appoint full or limited guardians of minor children
 Proceedings to appoint conservators for minor children
 Other statutorily mandated functions
 Adoptions, emancipations and name changes are handled by the Probate Court
pursuant to the local Family Court Plan
One of the primary areas of jurisdiction of the Probate Court is the settlement of estates
of deceased persons. If a person dies with assets that do not pass by survivorship to another
person or by other means, such as a trust, that person’s estate must be probated, a process
clearing title of assets for the persons entitled to them.
The Court also has jurisdiction in proceedings to appoint a guardian for an adult
individual who is alleged to be legally incapacitated or developmentally disabled. A person
AUGUST 2004
93
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
would need a guardian when they cannot make informed decisions concerning their person;
such as consent to medical care and treatment.
In addition, an individual might need a conservator to handle their financial affairs if they
are unable to do so by reason of mental illness, mental incompetency, physical illness or
disability, or some other reason that would cause their property to be wasted or dissipated
without proper management.
The Court can also appoint guardians and conservators for minors. The custodial parent
or parents can consent to the appointment of a limited guardian of a minor. Or, a guardian may
be appointed for a minor if the parent or parents have permitted the minor to reside with another
person without providing that person with legal authority for the care and maintenance of the
minor. A guardian may also be appointed for a minor whose parents have disappeared, are
deceased or are confined at a place of detention.
If a minor has property, such as a settlement of a personal injury case or as a
beneficiary of an estate or insurance policy, a conservator might be appointed to administer this
asset until the minor reaches the age of majority.
The Court also has exclusive jurisdiction over certain proceedings concerning trusts.
The trust might be a testamentary trust, which is contained in a will and it takes effect upon the
death. The trust might be an inter vivos trust, which is created by an instrument that takes effect
during the lifetime of the person creating it.
The Probate Court also has jurisdiction over civil actions in any action against another
filed by a court appointed representative or an action filed by a claimant after notice that their
claim has been disallowed.
The Court also has jurisdiction to determine whether or not an adult person is in need of
treatment for a mental illness. The basis for the ability of the Court to order treatment is outlined
in the Mental Health Code, which, along with the court rules outlines the procedure leading to
the decision of the Court. The treatment for the individual could take place in a hospital or in the
community in an alternative treatment program. The Mental Health Code also requires that the
Court determine whether or not hospitalization should continue for a minor who is allegedly
emotionally disturbed, when an objection is filed by a minor or a person in the minor’s behalf.
Numerous statutes in addition to those listed above confer varied jurisdictional
requirements on the Probate Court, which must be supported by all the necessary
administrative functions of the Court. These include maintaining court files and records,
preparing files for hearing, completing investigations and reviews when required, preparing
notices and orders, preparing transcripts when requested, following caseflow guidelines in the
scheduling and processing of all matters and ensuring the rights of the individuals before the
Court by adhering to all requirements of statutes and court rules.
AUGUST 2004
94
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
The Probate Court is also the depository for documents to be held for safekeeping
including wills of living individuals and deceased individuals, disclaimers of property,
acknowledgements of paternity, and trust registrations.
The Probate Court makes every effort to diligently oversee the matters handled by the
Court. Since these matters often deal with the most vulnerable individuals in society, the
elderly, minors, individuals found to be legally incapacitated, individuals found to be
developmentally disabled and individuals found to be mentally ill, programs including intake, the
probate clinic and probate advocate program, both of which are staffed by volunteers, have
been developed to assist, oversee and monitor these sensitive matters.
Probate Court
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Judicial Activity
1. Conduct court proceedings
and related preparation
2. Legal research, draft opinions
and orders
3.
Enforce court orders
4. Oversee persons subject to
court jurisdiction
5.
Continuing education
Numerous statutes
& court rules
MCR 2.517
Numerous statutes
& court rules
Numerous statutes
& court rules
MCR 8.104,
8.110(D)(4)&(5)
Civil Proceedings
1.
Deceased estate proceedings
MCL 700.1302
2.
Trust proceedings
MCL 700.1302
3. Minor guardianship/protective
proceedings
MCL 700.1302
4. Legally incapacitated
guardianship / protective
proceedings
MCL 700.1302
5. Developmentally disabled
guardianship / protective
proceedings
AUGUST 2004
Chapter 6 Mental
Health Code
95
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Probate Court
6. Minor and adult civil
admission proceedings
MCL 554.521 –
554.552
8. Survival and wrongful death
proceedings
MCL 700.3924
9.
MCL 700.5508,
700.5510,
700.5511
10. Kidney donation proceedings
11. Representation on County
Election Commission
MCL 168.23
MCL 700.1208
13. Supervision of trustees for
charitable purposes
MCL 14.254,
14.256, 14.259,
14.263
14. Lost instrument proceedings
MCL 565.321
15. Poor persons, failure of
relatives to provide support
proceedings
MCL 401.3 –
401.5
16. Determination of inheritance
tax proceedings
MCL 205.213
17. Examination of safe deposit
box of deceased proceedings
MCL 700.2517
MCL 330.1500 –
330.1541
19. Disposition of unclaimed
asset proceedings
MCL 700.3916
20. Do Not Resuscitate
Procedure Act proceedings
MCL 333.1059
21. Appointment of appraisers
proceedings
MCL 205.211
22. Delivery of election results on
election night
MCL 168.809
AUGUST 2004
Date of
Board
Resolution
MCL 700.5105
12. Establishing death of disaster
or accident victim proceedings
18. Judicial admission
proceedings
Original contract
Current contract
Chapters 4 and 4a
Mental Health
Code
7. Michigan Uniform Transfer to
Minors Act proceedings
Patient Advocate Proceedings
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
96
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Probate Court
23. Appointment for vacancy in
register of deeds
Original contract
Current contract
Date of
Board
Resolution
MCL 53.93
24. Appointment to State
Boundary Commission
MCL 123.1005
25. Appointments for vacancy in
county office
MCL 168.209
26. Reorganization of school
districts
MCL 388.685
27. County Tax Allocation Board
selection
MCL 211.205
28. Appointment of special county
drain commissioner
MCL 280.381,
280.382
29. Issuance of marriage license
without publicity; marriage of
persons under marriageable age
MCL 551.201
30. Authority to solemnize
marriages
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL 551.7
31. Delayed registration of foreign
birth proceedings
MCL 333.2830
32. Appointment to Soldier’s and
Sailor’s Relief Commission
MCL 35.22
Criminal Proceedings
1. Proceedings relative to
interstate extradition of adults
MCL 780.1
Appeals
1. Denial of delayed registration
of birth
MCL 333.2828
2. Department of Mental Health
financial liability determination
MCL 330.1836
3. Appointment of board of
review in drain code proceedings
MCL 280.156
Administrative
1. Supervise and direct work
force
AUGUST 2004
MCR
8.110(C)(3)(d)
AO 1998-5
97
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Probate Court
2. Hire, discipline and train
workforce
MCR
8.110(C)(3)(d)
AO 1998-5
3. Plan strategically and monitor
performance
MCR
8.110(C)(2)(c)
4. Liaison with other agencies of
local and state government
MCR
8.110(C)(2)(e)
AO 1998-5
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Records
1. Maintain court files and
records
MCR 8.105, 8.119,
8.301, 8.302
2.
Make records of court activity
MCR 8.105, 8.119,
8.301, 8.302
3. Review all pleadings, provide
public access to files, provide
copies of records
MCR 8.105, 8.119,
8.301, 8.302
4.
Depository of wills
MCL 700.2515,
700.2516
5. Acknowledgments of Paternity
(maintenance prior to June 1,
1997)
MCL 222.1001
6. Depository of disclaimers of
property
MCL 700.2906
7.
MCL700.7101
Trust Registration
Case Management
1. Case scheduling, monitoring
and reporting
2.
MCR 8.107
AO 2003-7
File creation and maintenance MCR 8.105, 8.119.
8.302
3. Prepare notices, orders and
judgments
MCR 8.105
4.
Prepare transcripts
MCR 8.108, 8.109
5.
Jury management
MCR 2.510
6. Indigent defense attorney
appointment and payment
AUGUST 2004
MCR 8.123
LAO 2004-01
98
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Probate Court
7.
Case evaluation, mediation
MCL 700.5309,
700.5207,
700.5204
9. Guardian ad litem
appointments and payments
MCL 700.1403,
330.1617
11. Entry and removal from LEIN
Original contract
Current contract
Date of
Board
Resolution
MCR 2.403, 2.404,
2.410, 2.411,
LAO 2004-2
8. Guardianship investigations
and reviews
10. Court recording
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCR 8.108, 8.109
MCL 700.5107,
330.1464a
Financial
1.
Prepare and monitor budget
MCR
8.110(C)(3)(f)
2. Coordinate audits and provide
reports
MCR
8.110(C)(3)(f)
3. Ensure compliance with filing
fees statutes and distribution
schedule
MCL 600.871600.899
AO 1995-2
4. Revenue maintenance and
enhancement
MCR
8.110(C)(3)(f)
5. Coordinate with other
departments; accounts payable,
receivable and purchasing
MCR
8.110(C)(3)(f)
6. Planning for projected capital
improvements
MCR
8.110(C)(3)(f)
7.
Accept credit card payments
X
Services
1.
Intake
X
2. Probate Clinic (staffed by
Kalamazoo Co. Bar Association)
3.
Probate Advocate Program
AUGUST 2004
X
X
99
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Adult Probation
Prior to April 1, 1980 Circuit Court Probation was a County function. Public Act 89 of
1979, effective April 1, 1980, allowed for the transfer of the probation function from the County
to the State. Under the Public Act all rents, contractual services, supplies, materials, and
equipment, which were a county responsibility on the effective date of the act, continued to be a
county responsibility.
The Michigan Department of Corrections completes pre-sentence investigations and
reports, as ordered by the Circuit Court, for persons charged with a felony or misdemeanor
within the jurisdiction of the Circuit Court. The Michigan Department of Corrections monitors
and/or supervises compliance with probation orders if a probation sentence is ordered by the
Circuit Court.
Adult Probation
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Circuit Court Probation Support Services
1. Provide office space and
equipment for probation.
AUGUST 2004
MCLA
791.223a(5)
100
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Kalamazoo Criminal Justice Council
The KCJC is Kalamazoo County’s forum for developing system policies and planning
programmatic responses to address present and future justice issues that have enterprise-wide
application and are intergovernmental in scope. Established through a formal County Board of
Commissioners’ Resolution in May 2000, the Kalamazoo Criminal Justice Council is a multidisciplinary group of leaders who work to improve the criminal justice system throughout the
County of Kalamazoo. The twelve members of the Council consist of the County Prosecutor,
Sheriff, Administrator, and Board Chairperson; the Chiefs of Kalamazoo Township and Portage
Police Departments, and Department of Public Safety; Chief Judges of the Circuit and District
Courts; Past-President of the Defense Bar, the local Department of Corrections Program
Manager; and Executive Director of Community Mental Health.
The KCJC is an agency within County Government. KCJC’s vision, mission and guiding
principles were updated through a strategic planning process in 2003. The KCJC’s vision is to
“Become and continue to be the best criminal justice system in America” which directly
supports the County’s vision for community safety and justice: “Kalamazoo seeks to be the
safest, most just and restorative community in the nation.” Criminal justice and County
representatives lead system-wide improvements and are involved in a number of community
initiatives to accomplish a comprehensive community continuum inclusive of primary and
secondary prevention, intervention, corrections and reentry services. The activities of the KCJC
are highlighted on the website at www.kcjc.org.
The KCJC’s vision is “to become and continue to be the best criminal justice system in
America” by:

ensuring a safe community for all

fostering fair and impartial treatment of all involved in the justice system,

effectively holding offenders accountable and restoring victims,

guiding offenders toward being responsible, contributing, and valued citizens,

initiating and supporting crime control and prevention efforts, and

serving as responsible stewards of public resources.
The KCJC’s mission is: “to be a team of leaders who initiate improvement in the entire
criminal justice system” which is operationalized through the following strategic priorities:

Optimize decision-making at policy, program, and operational levels.

Promote, develop and implement innovative and research/evidence based practices,

Marshal resources to support KCJC priorities,

Engage in strategic collaborations with internal and external stakeholders.
AUGUST 2004
101
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Within these priorities, the KCJC has established goals for 2003/04 that are in addition to
ongoing KCJC activities (such as administering Project RETURN, Building Restorative
Communities, sponsoring training/education, obtaining grants, and partnering with community
agencies). Project RETURN (Re-entry of Ex-offenders Through Unique Resource Networking)
is an initiative that works to remove barriers to the successful transition of ex-offenders from
prison back into the local community. Project RETURN is a community-wide partnership model
involving over 60 justice system officials, ex-offenders, community agency representatives, and
citizens at large. Project RETURN’s vision is that “Ex-offenders return to a restorative
community where they are valued, responsible and contributing members of society.” The
Building Restorative Communities (BRC) initiative is a yearlong strategic planning effort at the
county level that focuses on integrating the juvenile justice system into a comprehensive
community collaboration that supports healthy youth and families. The local BRC effort is
known as Better Tomorrows.
The KCJC’s guiding principles are as follows:

Be responsive to the needs and desires of the community

Foster the spirit of teamwork

Respect the independence and interrelationships among participants.

Possess a willingness to innovate and share risk of failure.
The KCJC collaborates with outside private, non-profit, community-based agencies and
colleges to carry out its work. Those include Western Michigan University, Kalamazoo College,
Kalamazoo Valley Community College, faith based organizations, and employment, substance
abuse treatment, counseling and health focused agencies.
Kalamazoo Criminal Justice Council
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Decision Making
1. Develop, collect, maintain and
report key performance indicators
for KCJC and member agencies.
X
2. Support justice information
sharing (through K-JIIMS.)
X
AUGUST 2004
102
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Kalamazoo Criminal Justice Council
3. Monitor, analyze & report
criminal justice trends/statistics
(e.g. UCR, jail utilization.)
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
X
Strategic Collaborations
1. Establish, support, and
oversee (minimum of 20)
committees and task forces that
address criminal justice priorities.
(e.g. Project RETURN, Criminal
Process, Kalamazoo Assault
Intervention Project, Domestic
Violence Homicide Review Team,
Jail Population Management,
Better Tomorrows)
X
2. Participate in local strategic
partnerships, e.g. BARJ Network,
CMH Diversion, Coalition on
Criminal Justice.
X
3. Inform the public in terms they
understand re: justice system
impact.
X
4. Provide consultation for
County Government re: justice
services. (Justice Facilities
Technical Advisory Committee)
X
5. Foster participation of nontraditional resources (e.g.
community, faith based
organizations) to address justice
issues.
X
Implement Innovative and Evidence Based Practices
1. Oversee Criminal Justice
Facility Planning process.
X
2. Identify, pursue and
participate in State and Federal
Technical Assistance.
X
3. Promote juvenile justice
delinquency prevention and
intervention services.
X
AUGUST 2004
103
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Kalamazoo Criminal Justice Council
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
4. Remove barriers to successful
re-entry of prisoners via
collaboration with MDOC & Project
RETURN.
X
5. Develop measures and
outcomes (e.g. KAIP measures)
X
6. Track agency outcomes on
recidivism.
X
Marshal Resources to Support Priorities
1. Obtain resources from
multiple sources, private and
public grants.
X
2. Increase participation of nontraditional resources to address
justice issues or foster
partnerships with citizens,
community agencies, universities,
and faith based organizations.
X
3. Support committee work and
annually review Committee
mission and membership to avoid
duplication.
X
AUGUST 2004
104
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Office of Community Corrections
“Kalamazoo County seeks to be the safest, most just and restorative community in the
nation.” This vision statement as adopted by the County Commission is the foundation for
Community Corrections programming in this community. Counties that elect to receive funding
for Community Corrections programming are required to have a Community Corrections
Advisory Board (CCAB) and abide by State Community Corrections policy and procedures.
Community Corrections programming has been in place in Kalamazoo County since
1990. Kalamazoo County Community Corrections receives approximately 2 million dollars
annually in community corrections funding from the State of Michigan, Office of Community
Corrections. This funding is available through Public Act 511, the Community Corrections Act,
for the purpose of establishing and maintaining programs that provide alternatives to
incarceration. Community Corrections programs support mandated services performed by the
District and Circuit Courts and the County Jail.
Programs and services are designed using a rehabilitative approach, with careful
consideration for public safety. Program participants are screened for educational needs,
substance abuse and mental health issues and referred to appropriate agencies. Community
Corrections is primarily funded by the State with PA 511 funds, but is also supported by the
Kalamazoo County Law Enforcement Fund and client contributions.
Office of Community Corrections
Original contract
Current contract
Date of
Board
Resolution
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Community Corrections Advisory Board
4. Support jail bed allocation and
management system
PA 511
1990
1990
X
5. Establish and maintain a
Community Corrections Advisory
Board to oversee program
operations
PA 511
1990
2004
1990
X
AUGUST 2004
105
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Office of Community Corrections
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Community Service and Work Crew
1. Administer Community
Service Program
1990
X
2. Administer Work Crew
Program
1990
X
1996
X
Diversion
1. Provide case management
and supervision of offenders
diverted from prosecution
Pretrial Screening and Assessment
1. Conduct pretrial screening
and assessment
MCR
6.106
1990
X
2. Create and process bench
warrants and testify at hearings
2001
X
3. Determine appropriate
intervention and referral for
treatment and services
2001
X
1. Determine appropriate level of
supervision and referrals for
treatment and services
2001
X
2.
1991
X
Pretrial Supervision
Administer Tether Program
Administration
1. Maintain Community
Corrections computer file system
X
2. Install and maintain a system
of accounting and record keeping
PA 511
X
3. Provide public speaking
services and public relations
PA 511
X
4. Develop, Implement and
Administer the Comprehensive
Corrections Plan
PA 511
1990
X
5. Develop program policies,
procedures, goals and service
objectives
PA 511
1990
X
AUGUST 2004
106
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Office of Community Corrections
6. Collect and analyze program
data and conduct evaluation
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
PA 511
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
X
Drug Testing
1. Conduct random drug testing
on offenders
1990
X
2. Provide drug testing services
to the Family Independence
Agency for persons currently
under investigation by Children’s
Protective Services and/or Family
court
1990
X
Post Sentence Services
1. Provide programming and
intervention support for sentence
offenders to reduce the need of jail
sanctions
AUGUST 2004
PA 511
1990
X
107
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
The Prosecuting Attorney is the chief law enforcement officer for Kalamazoo County.
The Office is created by Michigan Constitution. The responsibilities and authority of the
Prosecutor are established by common law, statute, court rule, and appellate case law. In
recent years, changing attitudes in the Court and State legislature have significantly altered the
traditional role of the Prosecutor. While adult criminal matters still represent the major portion of
the prosecution effort, (over 10,000 cases in 2003) a growing list of additional responsibilities
has placed larger demands upon prosecution resources. The responsibilities and role of the
Prosecutor are now defined in over 700 separate statutes and court rules in Michigan. Michigan
appellate case law and federal case law have further expanded upon those statutes. The
following describes only the general functions of the Prosecuting Attorney's Office:
Criminal
The Prosecutor's criminal jurisdiction encompasses all State statute felonies and
misdemeanors committed within the boundaries of Kalamazoo County. The Prosecutor's
responsibilities with these criminal matters involves determination and filing of charges and all
subsequent court proceedings, including appeals. Additionally, the Prosecutor's Office is
involved in juvenile matters, both criminal and neglect. In total, adult and juvenile criminals are
prosecuted in 14 courts throughout the County.
Support
Additional civil and quasi-criminal responsibilities are discharged by the Prosecutor in
divorce, paternity and fraud matters where Aid to Dependent Children (ADC) is involved. Under
a reimbursement program with the State, the Prosecutor's Office seeks out the fathers of minor
children under the ADC and secures court orders to insure payment of support and, thus, lessen
the taxpayers' welfare burden.
Other
Finally, though this is a matter of local policy, the Prosecutor's Office strives to be a
catalyst for constructive change in the Criminal Justice System. Because of the Prosecutor's
unique pivotal position in the system, he is often able to initiate system wide improvements.
This responsibility, though not dictated by statute, may be the most important function in our
local fight against crime.
AUGUST 2004
108
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
General Prosecutor's Responsibilities
1. Review police reports,
interview victims & witnesses and
authorize the issuance of an arrest
warrant in felony, misdemeanor &
ordinance cases.
2. Appear in all divorce cases
with children.
MCL 764.1,
767.40
MCL 552.45
MCR 3.203, 3.205,
3.211
3. Appear to protect the rights of
certain children who are
committed to state institutions.
MCL 722.533
4. Appear in Circuit Court on
appeals of grants of parole.
MCL 791.234
5. Prosecute violations of the
Crime Victims Compensation Act
MCL 18.366
6. Prosecute Board of
Commissioners who are unlawfully
employed by the county, if
requested by a taxpayer.
MCL 46.30a
7. Order the county medical
examiner to investigate a death,
and if necessary, hold an inquest.
MCL 52.207
8. Enforce State Construction
Code (licenses and inspections)
MCL 125.511, et
seq
9. Prosecute violations of State
Housing Development Authority
Act.
MCL 125.1447
10. Investigate and prosecute
violations under the Local
Government Fiscal Responsibility
Act.
MCL 141.1221
11. Enforce Michigan Election
Laws.
AUGUST 2004
MCL 168.31
MCL 168.491 et
seq
MCL 168.940 et
seq, MCL
600.4545 et seq
109
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
12. Review challenge to voter
registration records.
MCL 168.521
13. Apply to Circuit Court to
prohibit a candidate from
assuming the duties of a public
office, if Campaign Finance Act
was violated.
MCL 169.233
14. Investigate and conduct
hearing (upon Governor request),
about charges against county
officers or others, leading to
removal or suspension from office.
15. Prosecute violations of
fraudulent tax returns.
16. Prosecute violations of the
Tobacco Products Tax Act.
Date of
Board
Resolution
MCL 205.27
MCL 205.428
MCL 211.21
18. Bring actions for claiming
improper homestead exemption
for school tax.
MCL 211.120
19. Prosecute road commission
officers or employees for statutory
violations.
MCL 224.30
20. Prosecute violations of Motor
Vehicle Service and Repair Act.
MCL 257.1338
21. Prosecute violations of the
Hazardous Substance Act or apply
for an injunction.
MCL 286.456 et
seq
22. Commence proceedings
against owners of unlicensed dog.
MCL 287.277
AUGUST 2004
Original contract
Current contract
MCL 201.7 et seq
17. Bring actions against those
who falsely (or fail to) make
statements about taxable personal
property.
23. Investigate, request
subpoenas, and prosecute
violations of Under-Ground
Storage Tank Pollution Control
Act.
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL 324.21548
110
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
24. Bring trespass actions against
persons occupying public shooting
and hunting grounds.
MCL 324.41512
25. Prosecute violations of the
Recreational Trespass and Natural
Resources and Environmental
Protections Acts.
MCL 324.73108
MCL 324.81147
26. Authorize appeals of police
officers’ cases from DNR
administrative hearing (vessels).
MCL 324.80190
27. Authorize appeal of police
officer’s case from Secretary of
State administrative hearing
(Snowmobiles).
MCL 324.82146
MCL 324.82150
28. Enforce provisions of the
Public Health Code, may also
include requests for injunction,
penalties for lead-based paint
activities.
MCL 333.1299
MCL 333.5477
MCL 333.12533
MCL 333.12715
MCL 333.16291
MCL 333.20177
MCL 333.22253
29. Prosecute violations of the
Public Health Code (Vital
Statistics).
MCL 333.2899
30. Prosecute criminal violations
of Occupational Safety and Health
Act.
MCL 408.1035
MCL 408.1037
31. Prosecute violations of
Gaming Control and Revenue Act.
MCL 432.218
32. Prosecute violations of the
Pricing & Advertising of the
Consumer Items Act.
MCL 445.361
33. Prosecute violations of
statutes regarding licensing
secondhand junk dealers.
MCL 445.408
34. Prosecute violations of
Precious Metal and Gem Dealers
Act, inspect records.
MCL 445.481
MCL 445.484
AUGUST 2004
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
111
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
35. Prosecute violations of the
Insurance Code.
Original contract
Current contract
Date of
Board
Resolution
MCL 500.230
36. Initiate action for elections
fraud.
MCL 600.4545
37. Prosecute violations of the
Youth Tobacco Act.
MCL 722.641
38. Enjoin a person under
Distribution of Obscene Materials
to Minors Act, provide an advisory
opinion about the material, seek
declaratory judgment.
MCL 722.679 et
seq
39. File petition to forfeit bond in
felony nonsupport case.
MCL 750.161
40. Prosecute violations of an act
prohibiting access to computers,
computer systems, and computer
networks for fraudulent purposes
or destruction of computers,
systems, networks, and software
programs.
MCL 752.797
41. Enforce statute prohibiting
posters, signs, placards on state,
public or private lands.
MCL 752.821 et
seq
42. Investigate and prosecute
health care false claims.
MCL 752.1008
43. Petition the Court for grand
jury proceedings, administer oaths
and request immunity.
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL 767.3 et seq
44. Furnish a copy of witnesses’
testimony before a grand jury.
MCL 767.19g
45. Consult with every police
agency to develop, adopt, and
implement written policies for
officers responding to domestic
violence calls.
MCL 776.22
46. Investigate a person wanted
MCL 780.41 et seq
in another state under the Uniform
Rendition of Accused Persons Act.
AUGUST 2004
112
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
47. Respond to writs of habeas
corpus filed by prisoners detained
within the County.
MCR 3.303
48. Respond to Motions for Relief
from Judgment.
MCR 6.504
49. Assist AG in investigation,
examination and/or audit of the
books, records and accounts of
any township or school district or
any public officer; prosecute, if
necessary, or initiate civil
proceedings.
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL 14.141, et
seq
50. Seek enhanced sentences for
the following statutory violations:

Drunk Drivers
MCL 257.904

Offenders Violating Family
Farm Development Act
MCL 285.279

Offenders removing property
from state lands
MCL 324.2157

Offenders removing plants
from state lands or others
MCL 324.52908

Offenders removing
Aboriginal Records and
Antiquities
MCL 324.76107

Offenders of the Marine
Safety Act
MCL 324.80179

Offenders of Motorized
Recreational Vehicles Act
institute forfeiture proceedings
under the Public Health Code
for seized property
MCL 324.82130 &
MCL 324.82157
MCL 333.7523

Offenders of Construction
Lien Act
MCL 570.1110

Offenders under Arson &
Burning statutes
MCL 750.74,
750.77

Offenders under Assault
statutes
MCL 750.81b

Offenders under Insufficient
Funds Checks statutes
MCL 750.131
AUGUST 2004
113
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney

Offenders under Accosting,
Enticing or Soliciting Child
Statues
MCL 750.145b

Offenders under Credit Card
statutes
MCL 750.157s
MCL 750.157w

Offenders under the
Embezzlement statutes
MCL 750.174-750.180

Offenders under the False
Pretenses statutes
MCL 750.218-750.219a

Offenders under the Larceny
statutes
MCL 750.356 et
seq

Offenders under the Malicious
Destruction statutes
MCL 750.377a-750.387

Offenders under the
Prostitution statute
MCL 750.451

Offenders under the Stolen,
Embezzled or Converted
Property statute
MCL 750.535

Offenders under the Illegal
use of Telecommunication
Device statutes
MCL 750.540f et
seq

Offenders under fraudulent
use of computers statute.
MCL 752.797
51. Provide Bill or Particulars,
notices of licensing sanctions, alibi
witnesses for defense.
MCL 767.44
52. Review investigation report on
vehicle-blind pedestrian event.
MCL 752.52
53. Provide the following notices
to:

The Attorney General of
violations of Public Safety
Solicitation Act
MCL 14.316

The Crime Victim Services
Commission of a pending or
resolved criminal case
MCL 18.355

The County Concealed
Weapon Licensing Board of
criminal charge against a
License Holder
MCL 28.425m
AUGUST 2004
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
114
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney

The Secretary of State if a
drunk driving case is not
prosecuted
MCL 257.625g

The owners of vehicles when
forfeiture is anticipated
MCL 257.625n

Defendants charged with
specific crimes that, if
convicted, they will no longer
be able to drive their vehicles
or boats
MCL 257.732 (as
amended by 2004
PA 52),
324.80131,
324.82157

The Secretary of State of
persons violating Motor
Vehicle Service and Repair
Act.
MCL 257.1324

Persons who sell drug
paraphernalia before that
person is arrested on Sale of
Drug Paraphernalia charge,
seek injunction
MCL 333.7453
MCL 333.7459

The Secretary of State or
MSP of person Convicted of
Private Detective License Act
or Private Security Guard Act
MCL 338.841
MCL 338.1071

The Attorney General of
various violations of the
Consumer Protection Act or
Advertising Act or RentalPurchase Agreement Act
MCL 445.905,
445.814,
445.959

The Attorney General of
violations of Facsimile
Machine Transmission of
Unsolicited Advertisement Act
MCL 445.1772

The Attorney General if
investigation of suspected
racketeering activity is started
MCL 750.159x

Crime victims that petition for
DNA testing of biological
material was filed
MCL 770.16

Non public schools, public
schools, FIA, or child care
facilities, as necessary, of
their employees’ criminal case
and final disposition
MCL 772.628a
AUGUST 2004
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
115
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney

The Parole Board of
information or any objections
regarding a prisoner’s
application for parole
54. Report violations of the
Pricing & Advertising of Consumer
Items Act to the AG.
56. Serve on the committee to
appoint persons where a vacancy
in elective or appointive county
office exists
MCL 168.209
MCL 168.239
57. Approve applicants under the
Private Detective License Act.
MCL 338.827
58. Approve applicants under the
Private Security Business and
Security Alarm Act
MCL 338.1057
MCL 49.32, 49.33,
49.51
MCL 45.505,
46.403
61. Serve on the County driver
safety school.
MCL 257.320b
62. Serve on the Friend of the
Court advisory committee.
MCL 552.504
63. Serve on the Community
Corrections Advisory Board.
MCL 791.407
64. Conduct Veteran’s preference
employment-discharge hearing.
MCL 35.402
65. Request chemical analysis of
blood from medical facilities (for
criminal prosecution of a driver)
MCL 257.625a
AUGUST 2004
Date of
Board
Resolution
MCL 445.359
MCL 45.406;
168.239; 201.15;
201.35, et seq
60. Serve on the County Board of
Commissioners Apportionment
Commission
Original contract
Current contract
MCL 791.244
55. Appoint sheriff deputies in
times of emergency, and when
vacancies exist: county auditor,
sheriff, corner, register of deeds,
surveyor, treasurer, etc.
59. Appoint Chief Assistant
Prosecuting Attorney and other
Assistants
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
116
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
66. Request chemical analysis of
blood from medical facilities (for
criminal prosecution of an operator
of a vessel)
MCL 324.80182
67. Request chemical analysis of
blood from medical facilities (for
criminal prosecution of an operator
of ORV or snowmobile)
MCL 324.81136
MCL 324.82138
68. Authorize use of a video
recorded statement for purpose of
training the forensic interview
protocol.
MCL 600.2163a;
712A.17b(8)
69. Determine whether the
director of FIA may release
information.
MCL 722.627e
70. Receive reports from
commercial film or photographic
print processor about child
pornography.
MCL 750.145c
71. Receive and process
completed domestic violence
reports from law enforcement
agencies.
MCL 764.15c
72. Petition Court for recommittal
of defendants to county jail, when
sureties become worthless.
Original contract
Current contract
Date of
Board
Resolution
MCL 765.26 et seq
73. Administer witness oaths
before a grand jury.
MCL 767.15
74. Receive and respond to
petitions for DNA testing of
biological material.
MCL 770.16
75. Provide statistical data to the
Michigan Department of
Corrections regarding criminal
cases and defendants.
MCL791.208
76. Receive and respond to
notices from parole board about
certain individuals before granting
parole.
MCL 791.234,
791.244
AUGUST 2004
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
117
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
77. Receives and respond to
notices from Michigan Department
of Corrections before prisoner is
placed in SAI Unit or transferred.
MCL 791.234a
MCL 791.265
78. Receive and respond to
notice of prisoner’s payments of
restitution while on parole.
MCL 791.236
79. Receive and respond to
notices from Michigan Department
of Correction that a prisoner’s
sentence is erroneous.
MCL 791.264
80. Receive notice and seek
reimbursement for reasonable,
actual costs pertaining to felonies
and escapes committed in county
by prison inmates.
MCL 800.452
81. Receive information from
Friend of the Court to perform
functions required by title IV, part
D of Social Security Act, 42 USC
651 et seq.
MCR 3.218
82. Receive and respond to
appeals of Parole Board decision.
MCR 7.104
83. Apply for injunction against
persons who are incompatible
office holders.
MCL 15.184
84. Provide legal advice to county
drain commissioner.
MCL 280.247
85. Investigate and prosecute
violations of the Public Safety
Solicitation Act.
MCL 14.325
86. Investigate and pre violations
under the Incompatible Public
Offices Act.
MCL 15.184
87. Commence civil action for
violation of Open Meetings Act.
MCL 15.270
88. Prosecute violations of notary
public laws.
MCL 55.299
AUGUST 2004
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
118
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
89. Prosecute violations of civil
licensing provisions of State
Construction Code.
MCL 125.1523a.
90. Petition Circuit Court to
prohibit a candidate assuming
duties of public office or from
receiving compensation from
public funds, or both, when the
candidate is found guilty of
violations of the Campaign
Finance Act.
MCL 169.233
91. Petition for forfeiture of
driver’s vehicles.
MCL 257.625n
92. Authorize destruction of
controlled substance evidence in
advance of trial.
MCL 333.7527
93. 93. Investigate and prosecute
violations of the Pricing &
Advertising of Consumer Items
Act.
94. Prosecute violations of the
Advertisement Act of 1988.
95. Investigate and prosecute
violations of the Consumer
Protection Act.
Original contract
Current contract
Date of
Board
Resolution
MCL 445.361
MCL 445.816
MCL 445.915
96. Investigate and prosecute
violations of the Rental-Purchase
Agreement Act.
MCL 445.968
97. Enjoin violations of the Home
Improvement Finance Act.
MCL 445.1422
98. Inspection of pawnbroker
records and business.
MCL 446.205
99. Initiate proceedings related to
sale, distribution, possession or
acquisition of obscene literature,
pictures or objects.
MCL 600.2938
MCL 752.369
AUGUST 2004
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
119
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
100. Sue for Abatement of Public
Nuisances.
MCL 600.2940,
600.2425,
600.3805, MCR
3.601
101. Initiate proceedings for
property subject to seizure and
forfeiture; encumbrances; real or
substituted proceeds of crime.
MCL 600.4701 et
seq
333.7523
102. Initiate actions under
Children’s Product Safety Act.
103. File civil forfeiture action for
animal seized in animal neglect
case.
Original contract
Current contract
Date of
Board
Resolution
MCL 722.1080
MCL
750.50
104. Request one-man grand jury,
subpoena and examine witnesses.
MCL 767.3,
767.20
105. Request multi-county grand
jury.
MCL 767.7b;
767.7g
106. Petition for investigative
subpoenas, witness immunity,
order compelling compliance,
examine witnesses, furnish copy
of transcripts.
MCL 767A.1 et
seq
107. File petition for investigative
subpoena and/or grant of
immunity.
MCL 767.6,
767.19a
780.701
108. Obtain independent
psychiatric evaluation for rebuttal
of insanity defense.
MCL 768.20a
109. Enforce orders to reimburse
state or local units of government
for expenses.
MCL 769.1f
110. Request copy of transcript of
inquest.
MCL 773.6
111. Seek disinterment and
postmortem examination of body.
MCL 773.15
112. Request order for fees for
witnesses.
MCL 775.7
AUGUST 2004
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
120
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
113. Request interpreter for
hearings.
MCL 775.19
114. Commence extradition
proceedings for a fugitive.
MCL 780.3 et seq
115. Objection to expungement of
applications.
116. Obtain a suppression order
regarding a search warrant.
117. Respond to appeal bonds in
defendants’ criminal appeal cases.
118. Certify a need to retain
victim’s evidence in lieu of a
photograph.
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL 780.621 et
seq
MCL 780.651
MCR 7.209
MCL 780.754,
780.783, 780.814
119. Move for in chambers hearing
for victims’ testimony.
MCL 780.788,
780.818
120. Consent to deferred
sentencing of licensed health care
professionals and eventual
dismissal of charges.
MCL 750.430
121. File order for summons rather
than arrest warrant, for minor
offenses.
MCL 764.9a
122. Consent to plea of guilty but
mentally ill.
MCL 768.36
123. File notice of applicable
restitution for specified crimes
(riot, unlawful assembly, etc.)
MCL 769.1g
124. Consent to deferred
sentencing for accused in
domestic violence case.
MCL 769.4a
Adult Criminal
1. The Prosecutor shall appear
before magistrate & prosecute all
complaints.
MCL 49.154
2. The Prosecutor shall appear
& prosecute all criminal cases in
all courts of the county.
MCL 49.153
AUGUST 2004
121
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
3. Serve as Special Prosecutors
in other counties as appointed by
the Attorney General.
4. Staff office for case review on
week-ends & holidays.
Date of
Board
Resolution
Riverside v
McLaughlin, 500
US 44 (1991)
MCL 767.41
6. Prepare and file all felony
informations.
MCL 767.40
7. Prosecutor duties for
Investigative Subpoena cases.
MCL 767A.2
8. Duty to prosecute
misdemeanor cases in District
Court.
MCL 600.8313
9. Represent petitioners in
Personal Protection Order
violation hearings.
MCL
764.15b(5)MCR
3.708(G)
10. Provide advisory opinion on
dissemination of sexually explicit
material to minors.
MCL 722.680
11. Process fingerprint cards.
MCL 28.243
12. Prosecutor is responsible to
provide list of witnesses to
defense.
MCL 767.40a
13. Assist defendant in locating
witnesses.
MCL 767.40a(5)
MCL 767.92
15. Duty to inform court by
complaint of property damage or
physical injury.
MCL 780.811a
16. Review and certifies need for
police department to retain
evidence.
MCL 780.814MCL
780.783
17. Prosecutor is responsible for
civil infractions.
MCL 600.8313
AUGUST 2004
Original contract
Current contract
49.160
5. Conduct preliminary
examinations.
14. Secure witnesses from
Michigan for other states.
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
122
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
18. Appears in formal hearings on
civil infractions.
MCL 257.747
600.8721
600.8821
19. Provides notice to victim of
case progress and crime victims
compensation.
MCL 780.816
20. Prosecutor duties to preclude
victim or witnesses address and
personal information release.
MCL 780.818
21. Review of cases and petitions
for expedited trial days.
MCL 780.819
22. Prosecutor shall consult with
victim prior to the trial.
MCL 780.820
23. Must provide notice of the
following to victim: victim impact
statement; address & phone of
probation office; date & time of
sentence
MCL 780.823MCL
780.825
24. Must notify victim of court’s
final disposition.
MCL 780.827
25. Enforce court restitution order
to victim.
MCL 780.826
26. Must notify victim of all
appeals and pending bail
proceedings.
MCL 780.828
27. Must provide notice to victim if
defendant escapes from
incarceration.
MCL 780.828b
28. Prosecutor role in forfeiture of
defendant proceeds from a
criminal act.
MCL 780.831
29. Provide victim notice of
defendant’s request to set aside
conviction.
MCL 780.772a
30. Reviews driver’s license
appeal by a police officer from an
administrative hearing.
MCL 257.323(1)
AUGUST 2004
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
123
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
31. Provides forms to victims for
Department of Corrections
contact.
MCL 780.763a
32. Provides HIV testing
information to victims.
MCL 333.5129
33. Prosecutor required to
represent petitioners in mental
illness cases.
MCL 330.1457
34. Required to file notice of
enhancement of defendant’s
sentence.
MCL 769.13
35. Prosecutor reviews of any
judicial proposed sentence
change.
MCL 769.27
36. Required to provide
consecutive sentencing
information to the Court.
MCL 771.14(D)
37. Duty to authorize release of
autopsy photos.
MCL 333.2855
38. Required to respond to
Freedom of Information Act
inquiries.
39. Furnishes copy of technicians
lab report to defense.
Original contract
Current contract
Date of
Board
Resolution
MCL 15.231
MCL 600.2167
40. Duty to provide any
exculpatory evidence to defense
counsel.
Brady v Maryland,
373 US 87 (1963)
41. Required to inquire of
defendant’s possession of a
Teacher’s Certificate and report
certain convictions to the State
Board of Education.
MCL
380.1535aMCL
380.1539a
42. Prosecutor duties to County
Gun Board.
MCL 28.425a
43. Prosecutor duty to notify CCW
Board of felony convictions.
MCL 28.425
AUGUST 2004
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
124
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
44. Prosecutor required member
of the County Domestic Violence
Fatality Review Board.
MCL 400.1511
45. Responsible for arranging
polygraphs for defendant’s in CSC
cases.
MCL 776.21
46. Prosecutor duty to provide
police reports to defendant or
defense attorney.
MCR 6.201
47. Duty to notify Family
Independence Agency of
vulnerable adult abuse.
MCL 400.11a
48. Duty to file Probate Court
Petition on a defendant found not
guilty by reason of insanity.
MCL 330.2050
49. Provides court competency
orders and police reports to the
Forensic Center.
MCL 330.2028
50. Prepares and files Writs to
bring defendants back from prison
for court hearings.
51. Duty to file petition for a
defendant found not competent.
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL 780.131MCR
6.004(A)
MCL 330.2031
52. Screens and refers cases to
Felony Drug Court and provides
support services.
X
53. Member of Kalamazoo
Assault Intervention Project.
X
54. Member of Kalamazoo
Criminal Justice Council.
X
55. Member of Kalamazoo
County Jail Diversion of Mentally
Ill Work Group.
X
56. Publishes In Brief Newsletter
to law enforcement on new
statutes and cases.
AUGUST 2004
N
125
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Special Services Functions
1. Prosecutor County required to
draft and adopt a protocol for child
abuse cases.
MCL 722.628
2. Researchers, files appeals
and presents cases involving
district court misdemeanor cases.
MCL 49.153
3. Researches, files and
presents appeals involving circuit
court felony cases.
MCL 49.153
4. Prosecutor must file briefs
and provide copy to Attorney
General in all criminal case
appeals.
MCL 49.11
5. Notifies victims when
defendants appeal and if released
on bond.
MCL 780.768a.
6. Notifies victims of Court of
Appeals decision.
MCL 780.768
7. Provides opinions in cases
where state, county or county
officer interested.
MCL 49.155
8. Reviews all felony and moral
turpitude cases for possible
deportation.
MCL 49.21
9. Duty to notify Secretary of
Labor of certain felony cases.
MCL 49.22
10. Appears at uniform rendition
of accused persons act hearings.
MCL 780.44
11. Reviews and responds to
Department of Corrections notice
of inmates untried cases.
MCL 780.131
12. Prepares written application to
Governor for extraditions.
MCL 780.3
13. Appears on writs of habeas
corpus of other states.
MCL 780.9
AUGUST 2004
126
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
Function
14. Appears on and prosecutes
formal probation violation
hearings.
MCL
333.7523(1)(c)
17. Prosecutes nuisance
abatement actions.
MCL 600.3805
18. Neighborhood Prosecution
Program

Prosecute ordinance
violations and quality of life
crimes

Coordinate weed and seed
program

Provide crime prevention
initiatives

Implement specialized
programs such as RESTORE
and NEAT

Present gun violence
community programs
Date of
Board
Resolution
MCL 49.62
16. Prosecutes civil forfeitures.
Prosecute blight reduction
cases
Original contract
Current contract
MCR 6.445(e)
15. Responsibilities in
Prosecuting Attorney’s Association
of Michigan.

Board Authorized
Agreement
Discretionary
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
X
Family Court Team Responsibilities
1. Duty to prepare & petition all
criminal non status offenses.
MCL 712A.11(2)
MCR 3.914(B)(1)
2. Prosecutor required to provide
juvenile and family information to
Court in petition.
MCL 712A.11(4)
3. Duty to notify if felony involves
motor vehicle.
MCL 257.732(7)
4. Duty to notify Court if property
damage.
MCL 780.783(a)
5. Duty to review non-criminal
status offense petitions.
AUGUST 2004
MCR 3.914(A)
127
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
6. Prosecutor duty as petitioner
to list other actions involving
juvenile in Family Court.
7. Receives and reviews other
counties juvenile requests for
jurisdiction.
8. Duty to review cases for
speedy trial.
9. File supplemental petition for
contempt.
780.786(a)(1)
MCR 3.983
11. Review serious misdemeanor
and felony cases for designation.
MCL
712A.2d(1)MCR
3.903 and 3.951
12. Processes the juvenile
delinquents fingerprints which are
required for disposition.
MCL 28.243
13. Shall report delinquency case
information to public schools.
MCL 380.1308
14. Requests for juveniles to
appear in line-up.
MCR 3.923(D)
15. Duty to notify juvenile’s family
of waiver case arraignment.
MCR 3.950
16. Must appear in Family Court
at any hearing where testimony is
taken.
MCL 712A.17(4)
17. Prosecutes probation
violations
MCR 3.914(A)
People v Rocha,
99 Mich App 654
(1980)
AUGUST 2004
Date of
Board
Resolution
MCR
3.205(B)
MCL
712A.2(A)MCR
3.950(C)
19. Duty to attend pretrials in
Family Court.
Original contract
Current contract
MCR
3.206(A)(4)
10. Review all felony cases for
waivers.
18. Prosecutes PPO contempt
juvenile cases.
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCR 3.914(E) and
3.985(C)
MCR 3.922(D)
128
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
20. Appears at show cause
hearings.
MCR
3.914(A)MCL
712A.17
21. Duty to notify victims of a
juvenile bonding out.
MCL 780.796
22. Duty to provide discovery to
juveniles in Family Court.
MCR 3.922(A)(1)
23. Provides forms to victim for
FIA/Juvenile home notifications.
MCL 780.791(A)
24. Must consult with victim in a
juvenile proceeding.
MCL 780.786(4)
25. Consults with victims to
request non release of victim’s
address & employment.
26. Must appear at uncontested
juvenile plea if court to amend or
reduce charge.
27. Provides notice to victim of
Family Court disposition.
28. PA provides notice to juvenile
of alibi rebuttal witnesses
MCL 780.793(2)
MCR 3.922(B)
30. Duty to provide victims
information on juvenile home.
MCL 780.785
31. Files detainment petition if
juvenile threatens victim.
MCL 780.785
victim compensation

review hearings

impact statements

sentencing & probation
officer’s name
AUGUST 2004
Date of
Board
Resolution
Wilson, 113 Mich
App 113 (1982)
MCL 780.786(B)

Original contract
Current contract
MCL 780.788
29. Must consult with victim
regarding juvenile disposition.
32. Prosecutor provides victims
information on:

court proceedings
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL
780.786(3)
780.786(2)
780.770(B)
780.798(9)
780.791
780.791
129
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
33. Duty to notify victim of juvenile
appeal.
MCL 780.796
34. Duty to provide information to
Court on juvenile’s ability to pay
restitution.
MCL 780.795(4)
35. Reviews probation officers
reports on restitution.
MCL 780.794(13)
37. Responds to juvenile requests
to reduce restitution.
MCL 780.794(18)
38. Reviews all juvenile requests
to set aside conviction.
MCL 712A.18e(7)
MCR 3.914AMCL
712A.17(4)
41. Serves as legal consultant to
FIA.
MCL 712A.17MCR
3.914(C)
42. Transmits child abuse
referrals from FIA to police.
MCL 722.623(6)
722.628(1)
43. Reviews serious injuries to
children regarding FIA protocol
adherence.
MCL 722.628(B)
44. Prosecutor, as the petitioner,
is responsible for Indian Child
Welfare Act compliance.
25 USC 1912 (D)
45. Required member of Child
Death Review Team.
MCL 727.627b
46. Duties in dissemination of
sexually explicit matters to minors.
MCL 722.681
AUGUST 2004
Date of
Board
Resolution
MCL 780.796a
40. Reviews FIA petitions for legal
sufficiency.
47. Prosecutor files neglect
termination petitions.
Original contract
Current contract
MCL 780.795
36. Duty to enforce restitution to
victims in Family Court.
39. Duty to notify victims of
juvenile request to set aside
conviction.
Board Authorized
Agreement
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL
712A.19b(1)MCR
3.977(A)(2)
130
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Prosecuting Attorney
48. Duty to report suspected child
abuse to FIA.
MCL 722.621
49. Prosecutor must appear at all
stages of a child protective
proceedings.
MCR 3.914
50. Prosecutor role in use of
video recorded statements in child
abuse cases under a county
protocol.
MCL 712A.17b(1)
51. Reviews school educational
neglect reports, files petitions and
prosecutes case in Family Court.
MCR 3.914
52. Prosecutor investigates
extradition requests under URESA
child support.
MCL
780.156aMCL
780.160
53. Prepares and prosecutes
paternity actions in Family Court.
MCL 722.714
FIA Grant
54. Prepares and prosecutes nonsupport cases in Family Court.
MCL 722.714
FIA Grant
55. Provide acknowledgment of
parentage forms to public.
MCL 722.1008
56. File Claim of Revocation of
Acknowledgment of Parentage.
MCL 722.1001
57. File suit for support of child
under Emancipation Act.
MCL 722.3
58. Conduct proceedings under
Uniform Interstate Family Support
Act.
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
MCL 552.1308
59. Enforce provisions of The
Poor Law.
MCL 402.39
60. Investigate and initiate
URESA child support proceedings.
MCL 780.151
61. PA presents juvenile
delinquency prevention programs
in schools
X
62. PA serves on Child Abuse
and Neglect Council.
X
AUGUST 2004
131
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Sheriff’s Department
The Kalamazoo County Sheriff is an elected office mandated by Article VII, Section 4 of
the Michigan State Constitution.
Michigan Law provides that the Office of the Sheriff is responsible for providing patrol
and traffic services on the county primary and secondary roads, emergency assistance, the
establishment, maintenance and operation of the County Jail, and Court security when
requested. Specialized activities such as drug enforcement units and Cold Case Teams are
discretionary functions that are provided if funding is available.
Although the Sheriff has exclusive authority in the administration of his duties, he
depends upon funds appropriated by the County Board of Commissioners in order to
successfully discharge his obligations. The Office of the Sheriff is accountable for all expenses
incurred in support of services provided and seeks reimbursement for these services whenever
possible.
Uniformed Services (Road Patrol)
In addition to the investigation and prosecution of criminal conduct, the Sheriff must take
action to keep the peace, such as detection of criminal conduct by patrol and other means, the
apprehension of criminals, the suppression of civil disturbances, and the control of vehicle
traffic.
Township law
The Office of the Sheriff and the County Board of Commissioners have entered into
contracts on a fee for service basis with some Townships to provide additional services within
the designated Township.
Marine Safety
The Sheriff is mandated by Statute to provide boat livery inspections and recovery of
drowned bodies. Grant requests are submitted to the State each year for funding to support
Marine Safety Patrol on the county lakes and waterways. In addition, some Lake Associations
have entered into fee for service agreements with the Sheriff and County Board of
Commissioners for additional marine patrols on designated lakes.
AUGUST 2004
132
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Emergency Management
Michigan State PA 390 of 1976 requires local governments over 10,000 in population to
have an Emergency Management program. A Federal and State Emergency Management
Grant assist in funding this program and require the county to conduct certain activities.
Local units of government do not have enough resources, manpower or specialty
equipment to handle problems of hazardous materials, severe weather, man made or natural
disasters, bio-terrorism and homeland security.
The office prepares for county emergencies in the areas of mitigation, planning,
response and recovery. A tremendous amount of planning is required to prepare and bring
together local, state and federal resources for dealing with a disaster.
Dispatch Services
Counties are not mandated to provide dispatch services, however, such services are
necessary to perform the mandated duties of investigating accidents, providing emergency
assistance, and enforcing the laws of the State of Michigan. For these reasons, the County
Board of Commissioners approved the operation of dispatch services several years ago. The
Board further authorized the Sheriff to extend dispatch services to thirteen (13) fire departments
and several small local police departments in the out-county area. By authorized agreements,
the Sheriff’s Department also dispatches during evenings and weekends for Animal Control and
the Kalamazoo County Road Commission.
It is expected in the near future, the Sheriff’s Dispatch services will relocate to the
Kalamazoo Department of Public Services building at Crosstown Parkway. This is an intergovernmental project to co-locate all dispatch services to one central location and eventually
become totally centralized, providing a better quality service at a reduced cost to the citizenry of
Kalamazoo County.
Law Enforcement Computer Network
The Sheriff’s Administration oversees the computer network and application used in
reporting crimes and dispatching units to emergencies.
Corrections
All counties are mandated by statute to provide for sufficient jail space and to maintain it
in good repair. Michigan State law MCLA 45.16a states that a county may contract with another
county for use of its jail in lieu of building one, but the county must maintain a lock up within its
geographic boundaries. The Kalamazoo County jail provides for care and custody for all
arrested persons within this county that are convicted or charged with violations of State and
local laws.
AUGUST 2004
133
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
State law and court rulings require the Sheriff to provide certain activities and programs
for the inmates. Specific requirements include: religious programs, recreation, medical services,
mental health assessments, and the classification and separation of different types of inmates
as required by law (i.e. male from female, violent from non-violent, sentenced from nonsentenced, felony from misdemeanor, and predator from non-predator). The Sheriff is also
required to maintain jail records and report records of arrest to the state and federal agencies.
Sheriff’s Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Administration and Road Patrol
Administration
1. Create and maintain records
of the department’s investigative
and correctional activities
MCLA 28.251
2. Serve papers as ordered by
courts
MCLA 45.407
3. Issue and administer gun
permits
MCLA 28.422
4. Administer and fulfill reporting
requirements for grants, other
revenues and expenses
X
5.
Fingerprint citizens
MCLA 28.271
6.
Firearm inspections
MCLA 28.429
Board Participation
1. Concealed Weapons Permit
Board
2. Community Corrections
Advisory Board
MCLA 28.426
PA 511, 1998
Security
1. Provide security for District
and Circuit Courts
2. Provide security at the
Kalamazoo-Battle Creek
International Airport
AUGUST 2004
MCLA 600.581
Agreement
X
134
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Sheriff’s Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Investigations
1. Participate in Southwest drug
Enforcement Team
Agreement
10/01/03
2. Participate in Kalamazoo
Valley drug Enforcement Team
X
3. Conduct investigations of
reported and suspected crimes
4.
Extradite prisoners
X
MCLA 11.12
Road Patrol
1. Patrol and monitor traffic
violations on county primary and
county local roads
2.
Provide secondary road patrol
MCLA
51.76(2)(a)
MCLA 51.77
3. Enforce criminal laws of State
observed during patrolling and
monitoring
MCLA
51.76(2)(b)
4. Investigate accidents
involving motor vehicles
MCLA
51.76(2)(c )
5. Provide emergency
assistance to persons on or near a
highway or road patrolled by the
Sheriff
MCLA
51.76(2)(d)
09/02/03
Training
1. Provide training/certification
courses for law enforcement
personnel @ KCSD and for
Richland, Augusta, Galesburg,
Vicksburg, and Parchment PDs
Various laws
requiring training
X
Township Law
1. Target road patrols in specific
townships and provide services
above normal service level as
agreed to in contract
AUGUST 2004
Agreement
X
135
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Sheriff’s Department
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Discretionary
Function
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
Liquor Law Enforcement
1. Enforce State and County
Liquor Laws
MCLA 436.1
Marine Safety
1. Conduct patrols on inland
lakes, enforce marine safety laws,
and rescue stranded boaters
2.
Inspect boat livery operations
3.
Recover drowned bodies
Agreement
X
MCLA
324.44517
MCLA
51.301
4. Target marine safety patrols
on Gull Lake
Agreement
X
Emergency Management/Homeland Security
1. Administer Local Emergency
Planning Committee and Activities
(LEPC)
42 USCA
11001 (B)
2. Educate citizens and officials
regarding roles and responsibilities
in emergencies
CERT Grant
3. Conduct periodic tests of
readiness and the ability of the
County’s response system
4. Provide an emergency plan
and review annually and conduct
an annual full-scale exercise
EPA – SARA
Title III
(Hazardous
Materials)
Exercise Grant
PA 390 of 1976
Annual work
agreement with
State Police for
EMPG funding
Emergency Action
Guidelines
updated 10/1/03
Dispatch Services
1. Answer 911 calls for
Vicksburg, Schoolcraft, Galesburg,
Augusta
AUGUST 2004
Agreement
x
136
KALAMAZOO COUNTY GOVERNMENT FUNCTIONS
JUSTICE
Sheriff’s Department
Function
2. Answer 911 calls & dispatch
for 13 area fire depts.
Board Authorized
Agreement
Original contract
Current contract
Date of
Board
Resolution
Agreement
3. Dispatch 911 calls and calls
for service in Sheriff’s Department
jurisdiction
Discretionary
Constitution
Statute
Court Orders
Court Rules
Non-Mandated
Necessary
Mandated
X
X
X
4. Dispatch Road Commission
during the hours of 7pm to 5am
Agreement
X
5. Dispatch animal control
officers 5pm to 8am
Agreement
X
Law Enforcement Computer Network
1. Administer the law
enforcement computer network
X
Corrections
Corrections Administration
1. Inmate care, accounting and
billing
MCLA 45.16
2. Create and maintain records
of inmates
MCLA 51.282
3. Inmate collections for
expenses of housing, medical,
bond fees, booking fees
4. Transport services for writs,
medical appointments, prison
sentences, and court events
5.
X
MCLA 801.83, PA
631 2002, PA124
2003
MCLA 800.48,
801.253
Collect bonds for courts
X
6. Maintain inmate photo
repository for lineups, record
identification and investigations
7.
Collection of DNA specimens
X
MCLA 750.250
8. Conduct lineups for all area
PDs
9.
House Federal prisoners
AUGUST 2004
X
MCLA 801.101
137