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untanglingwebs
El Supremo
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http://www.abc12.com/news/localnews/headlines/More-than-426000-being-improperly-used-in-Genesee-County--303454731.html
Clerk and register of deeds John Gleason and his colleague, chair of the commission Jamie Curtis, have both worked in county government for a while.
GENESEE COUNTY (WJRT) - (05/12/15) - Clerk and register of deeds John Gleason and his colleague, chair of the commission Jamie Curtis, have both worked in county government for a while.
Now they're at odds over a technology fund that Gleason says isn't being used correctly.
"I believe inappropriate actions have taken money out of this department. I'm concerned that it could be unethical or unlawful, and it must stop,” Gleason said.
In 2003, a state public act required counties to create an automation fund, where money would go toward upgrading technology in the register of deeds office for the county. For every deed registered to the county, a $5 fee would go toward that tech fund.
The chief deputy register of deeds, Roberta Sacharski, who started with the county in March, started looking into that tech fund.
She said she found more than $426,000 going to as many as eight employees' salaries. And another $18,000 is going toward other expenses.
"The law is very clear that this money is supposed to be dedicated to a tech fund. We are diverting it to everyday uses of office supplies and regular use toward salaries. This is in complete conflict of the state law,” Gleason said.
Gleason said he wants an independent review of the situation.
We reached out to Curtis, and he showed us a memo dated a month ago sent to Gleason that shows county counsel looked into it. They found that money from the automation fund was not improperly used.
"It is eligible to use the tech fund for personnel costs and they lay it out in this legal paper, they lay it out in here,” Curtis said.
Curtis said he thinks Gleason is out of line for bringing what he says is a non-issue up. As far as an investigation into it?
"I would welcome his investigation if that's what he wants to do, I really do. And I think he's going to find out that he was city commissioner, and he voted for the same thing that he's saying now is not legal,” Curtis said.
Michigan State Police tells us they have been contacted by Gleason. They said they'll look into this matter as soon as Gleason does an internal audit for the register of deeds office |
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Tue May 12, 2015 9:06 pm |
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untanglingwebs
El Supremo
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2003-3 Register of Deeds Automation Fund Fees--PA 698 of 2002
Letter Number 2003-3
Register of Deeds Automation Fund Fees
Public Act 698 of 2002
March 11, 2003
To: County Board of Commissioners, County Treasurers, Administrators, Managers, and Register of Deeds
From: Suzanne K. Schafer, Administrator
Local Audit and Finance Division
Bureau of Local Government Services
RE: Register of Deeds Automation Fund Fees
The legislature enacted Public Act 698 (Act) which was signed into law on December 30, 2002 and becomes effective March 31, 2003. It increases fees collected in the Register of Deeds’ Office under the Revised Judicature Act of 1961 (Michigan Compiled Laws 600.2567). The Act also created an Automation Fund for upgrading technology in the Register of Deeds’ office by adding MCL 600.2568.
MCL 600.2567 does the following:
1. Increases the amount of the first page recording fee by $3.00 (from $7.00 to $10.00)[total of recording fees prescribed in subsections (1)(a) and (2)].
2. Increases the amount to be charged for recording additional and succeeding pages of a document by $1.00 (from $2.00 to $3.00).
3. Increases the fee for making notations of assignments or discharges by $2.00 (from $1.00 to $3.00).
4. Directs that the register of deeds deposit $5.00 of the total fee collected for each recording into an automation fund as directed under MCL 600.2568.
MCL 600.2568 does the following:
1. Directs the county to establish an automation fund in which the money deposited by the register of deeds is in accordance with section 2567. The county treasurer is charged with the responsibility of investing the funds and crediting the interest and earnings to the automation fund.
2. The register of deeds is charged with expending the fees from the fund subject to an appropriation under the Uniform Budgeting and Accounting Act, PA 2 of 1968, as amended, (MCL 141.421 to 141.440a) for upgrading technology in the register of deeds’ office.
a. Upgrading technology is defined to include the design and purchase of equipment, and supplies and implementation of systems and procedures:
(1) That allow the register of deeds to receive, enter, record, certify, index, store, search, retrieve, copy, and otherwise process (by automated procedures and advanced technology) documents, instruments, abstracts, maps, plats, and other items recorded and maintained by the register of deeds. The fees collected are deposited with the county treasurer and should be recorded as revenue in the county general fund using the same account numbers as in past years. However, the Act states that "$5.00 of the total fee collected for each recording" should go into the new automation fund. The total documents recorded should be tallied at the end of each day and then multiplied by $5.00 to determine the amount that will be deposited in the "Register of Deeds Automation Fund." A transfer should then be made from the general fund into the new automation fund. The county should use fund number 256 for the automation fund. The balance of the proceeds remains in the general fund.
If you have any questions, please call Ernest Hodgers at (517) 373-3227 or write our office at:
Michigan Department of Treasury
Local Audit and Finance Division
P.O. Box 30728
Lansing, Michigan 48909-8228
Related Documents
Numbered Letter 2003-3 Attachment
Related Content
•2003-4 Revised Sub-Account Numbers For Due State of Michigan
•2003-5 Revised Fee Court Transmittal Forms for Due State of Michigan Revised Forms 57 and 295 (8/03)
•2003-1 Reporting and Remitting Fees Changes to Court Transmittal Forms Revised Forms 295 and 57 (8/03) |
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Tue May 12, 2015 9:08 pm |
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untanglingwebs
El Supremo
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SPECIAL REVENUE FUND TYPE
256--REGISTER OF DEEDS AUTOMATION FUND
The Register of Deeds� Automation Fund is used to account for funds set aside under provisions of Public Act 698 of 2002 (MCL 600.2568). The fund was created for upgrading technology in the Register of Deeds� Office under the Revised Judicature Act of 1961.
This fund is classified as a special revenue fund type because of the limited uses of the fund assets as provided by Public Act 698 of 2002. Upgrading technology is defined to include the design and purchase of equipment, and supplies and implementation of systems and procedures. The procedures must allow the register of deeds office to receive, enter, record, certify, index, store, search, retrieve, copy, and otherwise process (by automated procedures and advanced technology) documents, instruments, abstracts, maps, plats, and other items recorded and maintained by the register of deeds.
The fund is subject to an appropriation under the Uniform Budgeting and Accounting Act, PA 2 of 1968, as amended, (MCL 141.421 to 141.440a). Money is appropriated (transfer) from the general fund based on the total documents recorded per day in the register of deeds office. The Act states "$5.00 of the total fee collected for each recording" that are deposited into the general fund for the register of deed�s office should go into the new automation fund. The total documents recorded should be tallied at the end of each day and then multiplied by $5.00 to determine the amount that will be deposited in the "Register of Deeds Automation Fund."
The Public Act 698 of 2002 (MCL 600.2568) charges the county treasurer with the responsibility of investing the funds and crediting the interest and earnings to the automation fund. The cash and investments of the Register of Deeds Automation Fund are subject to the requirements of PA 20 of 1943, as amended, (MCL 129.91) and may be included in a pooled cash and investment.
All claims (expenditures) must be approved by the board of commissioners pursuant to: Counties--MCL 46 |
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Tue May 12, 2015 9:10 pm |
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untanglingwebs
El Supremo
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Section 600.2568
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.2568 Automation fund.
Sec. 2568.
(1) Each county in this state shall establish an automation fund, and that fund shall receive money deposited by the register of deeds of the county in accordance with section 2567. The county treasurer shall direct investment of the fund and shall credit to the fund interest and earnings from fund investments.
(2) The county register of deeds of each county shall expend the fees credited to the fund under section 2567 subject to an appropriation under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a, for upgrading technology in the register of deeds office, with priority given to upgrading search capabilities. Upgrading includes the design and purchase of equipment and supplies, and implementation of systems and procedures that allow the register of deeds to receive, enter, record, certify, index, store, search, retrieve, copy, and otherwise process by automated procedures and advanced technology documents, instruments, abstracts, maps, plats, and other items recorded and maintained by the register of deeds.
(3) Not later than 90 days after the effective date of the amendatory act that added this subsection, each register of deeds shall begin to implement procedures to process and make available all items recorded, compiled, or maintained by that register of deeds, using the automated procedures and advanced technology described in subsection (2) to the maximum extent feasible utilizing the fund created under subsection (1).
(4) Four years after the effective date of the amendatory act that added this section, the register of deeds of each county shall prepare a report to the legislature that addresses, but is not limited to, each of the following issues:
(a) The progress that has been made by the register of deeds since the effective date of the amendatory act that added this section in achieving a goal of timely processing of recordable instruments.
(b) The extent to which the register of deeds has made records in the register's possession computer accessible by way of internet websites or other on-line media.
(5) The reports required under subsection (4) may be compiled into a single report by an agent of the county registers of deeds before it is submitted to the legislature.
History: Add. 2002, Act 698, Eff. Mar. 31, 2003
© 2009 Legislative Council, State of Michigan |
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Tue May 12, 2015 9:18 pm |
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untanglingwebs
El Supremo
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http://en.wikipedia.org/wiki/Rose_Bogardus
Bogardus sues the County Board of Commissioner after they cut the Register's Office budget for 2009-2010 claiming this causes low staffing that makes it hard to "meet my statutory obligations" and using money from a Register of Deed technology fund to fund operations.[7] Overtime and staff on loan from other departments was approved to help out but this agreement fell apart after Bogardus was unable to document how the staff and overtime was used.[8] Commissioners chide her for suing as budgets are being cut across all departments and hiring outside legal representative at $400/hour, while Bogardus gets the County Counsel dismissed from representing the County.
9.Jump up ^ Fonger, Ron (June 22, 2010). "Register of Deeds Rose Bogardus sues Genesee County again, wants judge to restore cuts made by commissioners". Flint Journal. Retrieved 7 April 2011.
http://www.mlive.com/news/flint/index.ssf/2010/02/genesee_county_register_of_dee_5.html
Last edited by untanglingwebs on Wed May 13, 2015 6:45 pm; edited 1 time in total |
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Wed May 13, 2015 6:38 pm |
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untanglingwebs
El Supremo
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Register of Deeds Rose Bogardus sues Genesee County again, wants judge to restore cuts made by commissioners
Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on June 22, 2010 at 2:06 PM, updated June 22, 2010 at 2:18 PM
GENESEE COUNTY -- County Register of Deeds Rose Bogardus has filed a second lawsuit against the county Board of Commissioners, asking a judge to order more money be given to her office to bring staffing back to year-ago levels.
Bogardus filed suit in Genesee Circuit Court Monday, the same day Circuit Judge Geoffrey L. Neithercut disqualified the county attorney's office from continuing to represent the county in another lawsuit filed by the register. That first suit seeks to force the county to pay Bogardus' legal fees as she fights commissioners over funding for her office.
The move apparently represents the first time since the 1980s that a county officeholder has sued to force commissioners to provide more funding for a particular office.
"We are trying to cut the budget. There is only x-amount of dollars coming in the front door," said board Chairman Jamie Curtis. "If county co-elected (officials) are going to sue the county ... a judge (may have to) tell us how to pay for these services."
Bogardus' lawsuit says her ability to carry out her duties as register are being "impaired or infringed upon by the Board of Commissioners by it failure to adequately fund (the) office."
It seeks a declaratory judgment determining whether the county is funding the register's office at a "barely adequate service level" and asks Neithercut to reinstate adequate funding -- enough to hire eight full-time staff from the general fund budget.
Bogardus, who would not comment when contacted today, had that level of funding a year ago but commissioners eliminated three positions in the office as part of a larger budget-cutting effort. In her lawsuit, Bogardus claims the cuts to her office were harsher than those in any other area of county government.
Commissioners voted today to authorize Curtis to make decisions regarding the Bogardus lawsuits, including potentially filing of an appeal of Neithcut's decision disqualifying county attorneys from representing the county.
Curtis would have to hire an attorney to achieve that, costing county taxpayers even more money. Bogardus said weeks ago that her legal bills were approaching $40,000 and counting. Her initial lawsuit asks that those bills to be paid with money from the county general fund as well.
Bogardus' motion to have Chapman disqualified contended the attorney's office had a conflict of interest in that she provided confidential information to county attorneys before the register hired her own attorney.
Chapman told commissioners today that he was surprised by Neithercut's decision to disqualify his office from handling the case.
"It's not unheard of ... but I was surprised at the ruling of the court," Chapman said.
The county has contended Bogardus has no legitimate reason for hiring her own attorney and that her office is being funded at a serviceable level.
Commissioners have spent much of this year attempting to erase red ink in the general fund as revenues have continued to drop even faster than anticipated because of falling property values and property tax revenues.
In recent weeks, the county board has laid off 35 employees in an effort to cut spending.
Two rating services lowered the county's bond rating earlier this year, partly because commissioners have spent down reserves funds rather than making deep enough cuts for several years. |
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Wed May 13, 2015 6:43 pm |
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untanglingwebs
El Supremo
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"Bogardus filed suit in Genesee Circuit Court Monday, the same day Circuit Judge Geoffrey L. Neithercut disqualified the county attorney's office from continuing to represent the county in another lawsuit filed by the register. That first suit seeks to force the county to pay Bogardus' legal fees as she fights commissioners over funding for her office."
I discussed this issue of a conflict of the Corporation Counsel in the Gleason lawsuit on the issue od Celeste Bell.
http://flinttalk.com/viewtopic.php?t=11576 |
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Wed May 13, 2015 6:48 pm |
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untanglingwebs
El Supremo
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Word is many Comissioners want Gleason out and hoped he would not win. As a commissioner Gleason was opposed to the "Leadership Committee" that made all of the decisions in private and not in the public forum. Commissioners don't like his bluntness and lack of fear of them.
John Gleason
March 13, 2014 ·
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I was told Ted Henry thinks my posts could lead to a lawsuit for Genesee County. Really? What happened to freedom of speech? Hey Teddy, FREEDOM. Not freeDUMB! Is this what our government is coming to? Flint Journal writer Ron Fonger quotes from my facebook as part of his stories. Journal calls this investigative reporting. Tell me who's facebook page but mine has the FJ quoted. Didn't even report the story correctly. I have never said we need to "BULK-UP" our uniforms. Heck, I don't even know if we need to add any bodies. Let's have a discussion about it. This could be serious and I did all I knew of to address the situation. Had the sheriff call Mark Young to set up a meeting to chat about it. Young went to Fonger and told him what we did. Fongers' story today led to calls from the TV stations. Young told me not to create a story and he leaks it to the FJ. Is this the Young you know? Truth folks, truth. Gettin' ready for the 17th. Peace to ya'all. |
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Wed May 13, 2015 7:02 pm |
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