2021-07-22 Full Motion To Show Cause Re Invalidate

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF SHIAWASSEE
NICHOLE RUGGIERO,
Plaintiff, Case No.: 21-____________-CZ
Honorable _____________________
v.
EX PARTE EMERGENCY MOTION
SHIAWASSEE COUNTY BOARD OF
COMMISSIONERS,
JEREMY R. ROOT,
GARY HOLZHAUSEN,
BRANDON MARKS,
CINDY L. GARBER, and
JOHN B. PLOWMAN,
Defendants
/
OUTSIDE LEGAL COUNSEL PLC

www.olcplc.com
PHILIP L. ELLISON (P74117)

Attorney for Plaintiff
PO Box 107
Hemlock, MI 48626
(989) 642-0055
pellison@olcplc.com
EX PARTE EMERGENCY MOTION FOR EXPEDITED ENTRY OF

AN ORDER TO SHOW CAUSE AS TO WHY THIS COURT SHOULD NOT
INVALIDATE CERTAIN “COVID HAZARD PAY” DISTRIBUTIONS MADE
BY DEFENDANT SHIAWASSEE COUNTY BOARD OF COMMISSIONERS
NOW COMES Plaintiff NICHOLE RUGGIERO, by counsel, and moves for entry of
an immediate order to show cause (see attached) why this Court should not enter an
order, pursuant to MCL 15.270, invalidating certain “COVID Hazard Pay” distributions
made by Defendant SHIAWASSEE COUNTY BOARD OF COMMISSIONERS on or
about July 15, 2021.
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FACTS
The Shiawassee County Board of Commissioners met on July 15, 2021 to conduct
public business. In preparation, members of Defendant SHIAWASSEE COUNTY BOARD
OF COMMISSIONERS received an agenda. A copy of said agenda is attached as Exhibit
A. On said agenda, it listed an “executive session” for “personnel and legal opinion.”
There is no such thing as “executive session” but rather a “closed session” as authorized,
in limits respects, under the Open Meetings Act.
On information and belief, the County of Shiawassee received substantial sums of
money via what is known as the American Rescue Plan Act of 2021. The American
Rescue Plan Act of 2021 is approximately $2 trillion economic stimulus package provided
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by the US Government to speed up the United States’ recovery from the economic and
health effects of the COVID-19 pandemic and the ongoing recession. See US Dept of
Treasury, FACT SHEET: The American Rescue Plan Will Deliver Immediate Economic
Relief to Families, available at https://home.treasury.gov/news/featured-stories/fact-
sheet-the-american-rescue-plan-will-deliver-immediate-economic-relief-to-families; US
House of Reps, FACT SHEET: THE AMERICAN RESCUE PLAN ACT OF 2021 (H.R.
1319), available at https://lamb.house.gov/sites/lamb.house.gov/files/Draft%20v4
%20Fact%20Sheet%20THE%20AMERICAN%20RESCUE%20PLAN%20ACT%20OF%
202021.pdf
At approximately 5:30p.m. on July 15, 2021, Defendant SHIAWASSEE COUNTY
BOARD OF COMMISSIONERS went into closed session whereby the public was
excluded from the observation and scrutiny of the deliberations of the participating
Commissioners. According to now publicly-made accounts of the “closed session,”
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members of the Defendant SHIAWASSEE COUNTY BOARD OF COMMISSIONERS
were given a packet with a cover sheet listing several items for consideration in closed
session. One such item was what has become known as “COVID Hazard Pay.” The
purpose for going into closed session was to deliberate about how to utilize and/or spend
the millions of dollars in funding received by Defendant SHIAWASSEE COUNTY BOARD
OF COMMISSIONERS pursuant to American Rescue Plan Act of 2021. On information
and belief, when one commissioner, Marlene Webster, reviewed the closed session
agenda items, she protested that Defendant SHIAWASSEE COUNTY BOARD OF
COMMISSIONERS should not be in closed session for such deliberations. Exhibit C.

Yet, on information and belief, deliberations continued for 15-20 more minutes regarding
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the distributions of public funds received under the American Rescue Plan Act of 2021 as
well as “other matters” which will be revealed in the course of discovery. See Exhibit B
(noting times on last page). According to a public report by Commissioner Webster 1, it
was deliberated and presented—in closed session—that an average of $2,148.00 per
employee was to be distributed as COVID Hazard Pay from the funds received by
Defendant SHIAWASSEE COUNTY BOARD OF COMMISSIONERS pursuant to
American Rescue Plan Act of 2021.
Just after 6:00p.m. (Exhibit B), Defendant SHIAWASSEE COUNTY BOARD OF
COMMISSIONERS returned into open session, though it was unclear if any member of
the public was informed of the same.2 Once returning to open session, members of the
Defendant SHIAWASSEE COUNTY BOARD OF COMMISSIONERS undertook further
discussions but at no point was any information publicly provided which revealed how the
1 https://www.facebook.com/marleneforcommissioner/posts/3037148253163264
2 See https://youtu.be/W3YpPz2axeg (post-“executive session” portion of July 15, 2021 meeting).
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American Rescue Plan Act funds received by Defendant SHIAWASSEE COUNTY
BOARD OF COMMISSIONERS were going to be distributed as it relates to “COVID
Hazard Pay” to county employees or to be disposed of in the manner which was ultimately
effectuated. See https://youtu.be/W3YpPz2axeg. Upon return, County Administrator
Brian Boggs provided a “recommended motion” that three million dollars “from the COVID
money… for the balancing out” the budget be transferred to the general fund as a means
of “not having to use other funds.” Id. The motion was made to use the American Rescue
Plan Act funds for, among other things, “COVID Hazard Pay for county employees.” Id.
At no point were the amounts of “COVID Hazard Pay” deliberated, decided, or confirmed
at a meeting open to the public. At no time was the task delegated to any person,
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commission, commission, or subcommittee. Yet, the motion passed by unanimous vote.
Id.
However, in the days that followed, what was understood as “COVID Hazard Pay”
of “$2,148 per employee” was not distributed (as even deliberated and decided in the
closed session, despite such itself being illegal) but rather by a new decided formula
which distributed funds as follows:
a. Top county officials like Defendant JEREMY R. ROOT, Sheriff Brian

Begole, Buildings/Grounds Superintendent Timothy Hill, Heath Department
Director Larry Johnson, County Controller Brian Boggs, and Finance
Director Tracy Bublitz each received a distribution of $25,000.
b. Other county officials like Undersheriff Corey Carson, Register of Deeds

Lori Kimble, Prosecutor Scott Koerner, County Clerk Caroline Wilson, and
County Treasurer Julie Sorensen each received a distribution of $12,500.
c. Defendant JOHN B. PLOWMAN, Defendant BRANDON MARKS, and

Emergency Management Director Jeffrey Weiss each received a
distribution of $10,000.
d. Gabrielle Reynolds, Derek Burton, Jodi L. Defrenn, Casey D. Elliott, Nicole

Greenway, Commissioner Gregory Brodeur, Defendant CINDY L.
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GARBER, Douglas Corwin, Defendant GARY W. HOLZHAUSEN, and
Marlene J. Webster each received a distribution of $5,000.
e. Many others received $2,500, and $1,000 each.
Plaintiff has filed a complaint alleging numerous violations of the Open Meetings Act. See
Compl. The motion now follows.
OPEN MEETINGS ACT STATUTE
The Open Meetings Act was enacted to provide openness and accountability in
government, and is to be interpreted so as to accomplish this goal. Wexford County
Prosecutor v Pranger, 83 Mich App 197; 268 NW2d 344 (1978). This Board of
Commissioner is a public body subject to the requirements of the OMA. MCL 15.262(a).
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The purpose of the OMA is to promote governmental accountability by facilitating public
access to official decision making, and to provide a means through which the general
public may better understand issues and decisions of public concern. Booth Newspapers,
Inc v Univ of Michigan Bd of Regents, 444 Mich 211, 223; 507 NW2d 422 (1993). In light
of this purpose, the OMA should be construed broadly in favor of openness; exceptions
should be construed narrowly, with the public body bearing the burden of proving the
applicability of an exemption. Id.
All “deliberations” of a public body “shall take place at a meeting open to the public”
except as provided by the closed meeting provisions (Section 7 and 8) of the OMA. MCL
15.263(3). Deliberations include “the act of carefully considering issues and options
before making a decision or taking some action by analyzing, discussing, and weighing
the evidence.” Ryant v Cleveland Twp, 239 Mich App 430, 434; 608 NW2d 101 (2000).
The analyzing, discussing, and weighing whether and how “COVID Hazard Pay” was
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going to be provided from the American Rescue Plan Act funds is “deliberating” within the
meaning of the OMA.
ENFORCEMENT
OMA has four mechanisms for enforcement. Violating OMA is a crime with an up
to $1,000 fine for the first violation and up to $2,000.00 and/or imprisoned for not more
than 1 year for second violation within the same term. MCL 15.272(1)-(2). The remaining
three enforcement mechanisms are civil provisions. MCL 15.270, MCL 15.271 and MCL
15.273; see also Leemreis v Sherman Twp, 273 Mich App 691; 731 NW2d 787 (2007).
MCL 15.270
MCL 15.270 addresses decisions of a public body. Leemreis, 273 Mich App at 699.
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“Any person may commence a civil action in the circuit court to challenge the validity of a
decision of a public body made in violation of this act.” MCL 15.270(1). “A decision made
by a public body may be invalidated if the public body has not complied with the
requirements of section 3(1), (2), and (3)” and “the court finds that the noncompliance or
failure has impaired the rights of the public under this act.” MCL 15.270(2). Plaintiff here
has alleged violations of Section 3(3), i.e. MCL 15.263(3). See supra. The inability for the
public to first-hand observe and scrutinize, at a public meeting, what is being deliberated
and discussed, as it applies to analyzing, discussing, and weighing whether and how
“COVID Hazard Pay” was going to be provided from the American Rescue Plan Act funds,
clearly impairs the rights of the public. By ultimately deciding to distribute funds to various
officials and employees instead of using funds from the American Rescue Plan Act for
non-employee bonuses, like county expenses and future expected costs, causes the
public suffered a substantial loss. And by whomever at Shiawassee County is reallocating
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funds from employees to excess amounts for “higher level” officials and employees
contrary to the understanding of the vote held in open session on July 15, 2021, the public
suffered a substantial secondary loss as well. See Jude v Heselschwerdt, 228 Mich App
667; 578 NW2d 704 (1998). Invalidation is warranted.
RELIEF REQUESTED
WHEREFORE, this Court is requested, pursuant to MCL 15.270(2), to immediately
enter an order against Defendant SHIAWASSEE COUNTY BOARD OF
COMMISSIONERS to show cause why this Court should not enter an order, pursuant to
MCL 15.270, invalidating certain “COVID Hazard Pay” distributions made by Defendant
SHIAWASSEE COUNTY BOARD OF COMMISSIONERS on or about July 15, 2021 as

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to the following individuals:
1. Commissioner Jeremy R. Root ($25,000)

2. Sheriff Brian Begole ($25,000)
3. Buildings/Grounds Superintendent Timothy Hill ($25,000)
4. Heath Department Director Larry Johnson ($25,000)
5. County Controller Brian Boggs ($25,000)
6. Finance Director Tracy Bublitz ($25,000)
7. Undersheriff Corey Carson ($12,500)
8. Register of Deeds Lori Kimble ($12,500)
9. Prosecutor Scott Koerner ($12,500)
10. County Clerk Caroline Wilson ($12,500)
11. County Treasurer Julie Sorensen ($12,500)
12. Commissioner John B. Plowman ($10,000)
13. Commissioner Brandon Marks ($10,000)
14. Emergency Management Director Jeffrey Weiss ($10,000)
15. Employee Gabrielle Reynolds ($5,000)
16. Employee Derek Burton ($5,000)
17. Employee Jodi L. Defrenn ($5,000)
18. Employee Casey D. Elliott ($5,000)
19. Employee Nicole Greenway ($5,000)
20. Commissioner Gregory Brodeur ($5,000)
21. Commissioner Cindy L. Garber ($5,000)
22. Employee Douglas Corwin ($5,000)
23. Commissioner Gary W. Holzhausen ($5,000)
24. Commissioner Marlene J. Webster ($5,000)
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Date: July 22, 2021 RESPECTFULLY SUBMITTED:

BY PHILIP L. ELLISON (P74117)
Attorney for Plaintiff
PO Box 107 · Hemlock, MI 48626
(989) 642-0055
(888) 398-7003 - fax
pellison@olcplc.com
www.olcplc.com
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STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF SHIAWASSEE
NICHOLE RUGGIERO,
Plaintiff, Case No.: 21-____________-CZ
Honorable _____________________
v.
ORDER
SHIAWASSEE COUNTY BOARD OF
COMMISSIONERS, et al
Defendants
/
ORDER ISSUED UPON

SHIAWASSEE COUNTY BOARD OF COMMISSIONERS
TO APPEAR AND SHOW CAUSE
PRESENT: Hon. __________________________________, Circuit Court Judge

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Upon the filing of the emergency motion filed by Plaintiff, through counsel, in the
above-captioned cause for entry of an order to show cause, said motion is hereby
GRANTED.
TO: SHIAWASSEE COUNTY BOARD OF COMMISSIONERS—you are hereby

ordered and directed to appear at the above-referenced court whose address is 208 N
Shiawassee Street, Corunna, MI 48817 on:
on _________________________________ at ____am/pm
(date) (time)
and show cause why the Court should not enter an order, pursuant to MCL 15.270,
invalidating certain “COVID Hazard Pay” distributions made on or about July 15, 2021,
grant the relief requested with the above-referenced motion, and/or grant any other relief
as the Court deems equitable and just.
Pursuant to MCR 2.107(E), this Order and a copy of the motion shall be served
upon County Clerk by email, fax, and US mail (see https://www.shiawassee.net/County-
Clerk/) at least ____ days before the above-listed hearing date.
A proof of service shall be filed with the Court.
IT IS SO ORDERED.
Date: _________________ _____________________________________

Circuit Court Judge
1
A
AGENDA
SHIAWASSEE COUNTY BOARD OF COMMISSIONERS
July 15, 2021
5:00 P.M.
CALL TO ORDER: Chairman Root

PLEDGE OF ALLEGIANCE:
INVOCATION: Commissioner Marks
ROLL CALL:
APPROVE AGENDA:
APPROVAL OF MINUTES:
A. Approve the minutes of the June 17, 2021 Board of Commissioners meeting.
APPROVAL OF BILLS:
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD - Limited to 3
minutes per speaker:
COMMITTEE REPORTS:
COMMITTEE MOTIONS & REPORTS:
Economic & Physical Development Committee: Chair: Marks
A. Approve the bid from Drimby’s Tree Service in an amount not to exceed $7,500.
B. Approve the bid from JMR Masonry Company in amount not to exceed $10,885
for blocking of the jail windows.
C. Approve the filling of a Maintenance I position partially dedicated to the parks,
grade 2, step 3.
D. Approve the PA 116 Farmland Agreement Applications 2100002-2100011 for the
David R. Williams Trust as presented.
E. Approve the minutes of the July 12, 2021, Economic and Physical
Development Committee meeting.
Finance & Administration Committee: Chair: Plowman
A. Approve the 2022 Child Care Budget for submission to state as presented.
B. Approve the resolution for the refunding of bonds.
C. Approve the Coordinator’s Budget Memo and Budget Timeline as presented.
D. Approve the recommended second quarter budget adjustments for coding changes
and consolidated funds.
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E. Approve Resolution No. 21-07-10 approving the request by the Shiawassee
County Treasurer to reassert local Foreclosing Governmental Authority from the
Michigan Department of the Treasury.
E1. Approve Resolution No. 21-07-12 authorizing the Treasurer to enter into an
Intergovernmental Agreement with the State of Michigan Land Bank to form a
local Shiawassee County Land Bank.
F. Authorize the contract extension with the SRESD for IT services for the County
in the amount of $118,500 from July 1, 2021 – June 30, 2022; and authorize the
chairman to execute the necessary documents.
G. Approve the replacement of a District Court Deputy Clerk at a pay grade 3.
H. Approve the replacement of the legal assistant in the Prosecutor’s Office at a
grade 3 between $15.07 - $18.42.
I. Approve the minutes of the July 12, 2021, Finance and Administration Committee
meeting.
Public Safety & Courts Committee: Chair: Brodeur

A. Authorize the Sheriff to hire one new Sheriff’s Deputy per the terms outlined in
the contract between Shiawassee County and the Teamsters.
B. Approve the dual mode lighting from LumenServe in an amount of $24,975 with
the additional assurance warranty and compliance monitoring.
C. Approve the minutes of the July 13, 2021, Public Safety and Courts Committee
meeting.
Health & Human Services Committee: Chair: Garber

A. Approve the addendum to the 2019 Mid-State Health Network Substance Use
Disorder Oversight Policy Advisory Board Intergovernmental Agreement.
B. Approve the medical examiner agreement and authorize the Chairman to execute
said agreement.
C. Approve the minutes of the July 13, 2021, Health and Human Services
Committee meeting.
Committee of the Whole: Chair: Marks

A. Approve August meeting dates 9th-12th.
B. Approve the minutes of the July 14, 2021, Committee of the Whole meeting.
CHAIRPERSON: Chair: Root
COORDINATOR: Dr. Boggs
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD - Limited to 3

minutes per speaker:
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EXECUTIVE SESSION: PERSONNEL AND LEGAL OPINION
ADJOURNMENT
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B
At the regular meeting of the Shiawassee County Board of Commissioners held on Thursday, July 15,
2021, in the Commissioner Chambers, Surbeck Building, Corunna, Michigan:
The meeting was called to order by Chairman Root at 5:00 p.m.
Pledge of Allegiance was recited.
Invocation was offered by Vice-Chairman Marks.
All commissioners present with Commissioner Brodeur excused.
It was moved by Commissioner Plowman, seconded by Commissioner Garber to approve the agenda
as presented. Motion carried.
It was moved by Commissioner Garber, seconded by Commissioner Holzhausen to approve the
minutes of the June 17, 2021 Board of Commissioners meeting. Motion carried.
It was moved by Commissioner Plowman, seconded by Commissioner Garber to approve the bills listed
on the Invoice Edit Reports dated June 17, 2021, June 17, 2021, June 24, 2021, June 25, 2021, July 1, 2021,
and to include Wire Transfers, ACH and EFT’s for a grand total of $ 3,078,302.18 and authorize warrants be
drawn from the Treasury for the same. Motion carried with the following roll call vote of 6 yeas: Commissioners
Webster, Holzhausen, Plowman, Garber, Marks and Chairman Root. 0 nays.
It was moved by Commissioner Marks, seconded by Commissioner Holzhausen to approve the bid from
Drimby’s Tree Service in an amount not to exceed $7,500. Motion carried with the following roll call vote of 6
yeas: Commissioners Holzhausen, Garber, Marks, Plowman, Webster and Chairman Root. 0 nays.
It was moved by Commissioner Marks, seconded by Commissioner Holzhausen to approve the bid from
JMR Masonry Company in amount not to exceed $10,885 for blocking of the jail windows. Motion carried with
the following roll call vote of 6 yeas: Commissioners Garber, Marks, Webster, Plowman, Holzhausen, and
Chairman Root. 0 nays.
It was moved by Commissioner Marks, seconded by Commissioner Plowman to approve the filling of a
Maintenance I position partially dedicated to the parks, grade 2, step 3. Motion carried with the following roll
call vote of 6 yeas: Commissioners Garber, Marks, Webster, Holzhausen, Plowman and Chairman Root. 0 nays.
It was moved by Commissioner Marks, seconded by Commissioner Holzhausen to approve the PA 116
Farmland Agreement Applications 2100002-2100011 for the David R. Williams Trust as presented. Motion
carried with the following roll call vote of 6 yeas: Commissioners Marks, Plowman, Webster, Holzhausen,
Garber and Chairman Root. 0 nays.
It was moved by Commissioner Marks, seconded by Commissioner Garber to approve the minutes of
the July 12, 2021, Economic and Physical Development Committee meeting.
It was moved by Commissioner Plowman, seconded by Commissioner Garber to approve the 2022 Child
Care Budget for submission to state as presented. Motion carried with the following roll call vote of 6 yeas:
Commissioners Webster, Holzhausen, Garber, Marks, Plowman and Chairman Root. 0 nays.
It was moved by Commissioner Plowman, seconded by Commissioner Holzhausen to approve the
Resolution 21-07-11 for the refunding of bonds. Motion carried with the following roll call vote of 6 yeas:
Commissioners Webster, Holzhausen, Garber, Marks, Plowman and Chairman Root. 0 nays.
RESOLUTION NO 21-07-11
BOARD OF COMMISSIONERS
SHIAWASSEE COUNTY
At a regular meeting of the Board of Commissioners of the County of Shiawassee, Michigan held on July 15, 2021.
PRESENT: _________________________________________________________________
_________________________________________________________________
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_________________________________________________________________
_________________________________________________________________
ABSENT: _________________________________________________________________
RESOLUTION TO AUTHORIZE
ISSUANCE OF REFUNDING BONDS
The following resolution was made by _________________________ and seconded by _________________________:
WHEREAS, the County of Shiawassee (the “County”) issued its (i) General Obligation Limited Tax Capital Improvement
Bonds, Series 2010A, dated as of July 8, 2010, in the principal amount of $2,790,000 (the “Series 2010A Bonds”) and (ii) General
Obligation Limited Tax Capital Improvement Bonds, Series 2010B, dated as of July 8, 2010, in the principal amount of $1,210,000
(the “Series 2010B Bonds” together with the Series 2010A Bonds, the “Series 2010AB Bonds”) for the purpose of acquiring and
improving the Shiawassee County Community Mental Health Authority (“Authority”) facility located at 1555 Industrial Drive,
Owosso, Michigan (the “Facility”); and
WHEREAS, the County issued its Taxable General Obligation Limited Tax Capital Improvement Bonds (Energy
Conservation Improvements), Series 2010, dated as of September 23, 2010, in the principal amount of $880,000 (the “Series 2010
Energy Conservation Bonds” and together with the Series 2010AB Bonds, the “Prior Bonds”) for the purpose of paying a portion of
the cost of acquiring and installing multiple energy saving measures to existing buildings owned by the County; and
WHEREAS, the County leased the Facility to the Authority pursuant to a contract of lease dated as of July 8, 2010 (the
“Contract of Lease”), which provided for the payment of cash rentals by the Authority to the County in amounts sufficient to provide
for the repayment of the Series 2010AB Bonds; and
WHEREAS, the Prior Bonds remain outstanding in various principal amounts, and the County has been advised that certain
of the Prior Bonds could be redeemed and thereby secure savings for the County and benefit the taxpayers of the County; and
WHEREAS, Part VI of Act No. 34, Public Acts of Michigan, 2001, as amended (“Act 34”), authorizes the issuance of
refunding bonds for the purpose of refunding all or part of the County’s outstanding securities, including the Prior Bonds; and
WHEREAS, the Board of Commissioners of the County has determined that it is in the best interest of the County to secure
savings for the County through the issuance in one or more series of such refunding bonds to be sold at one or more negotiated sales
by the County Administrator and to amend the Contract of Lease to provide for the payment of cash rentals by the Authority to the
County in amounts at least sufficient to provide for the repayment of refunding bonds each as hereinafter described; and
NOW, THEREFORE, BE IT RESOLVED that:
1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum of not to
exceed Three Million Three Hundred Thousand Dollars ($3,300,000) (the “Refunding Bonds”) shall be issued in one or
more series and sold pursuant to the provisions of Act 34, and other applicable statutory provisions, for the purpose of
refunding all or part of the Prior Bonds. The County Administrator is hereby designated as the “Authorized Officer” for
purposes of this resolution. The Authorized Officer is authorized to designate which of the Prior Bonds shall be refunded
(as so designated, the “Prior Bonds To Be Refunded”).
2. BOND DETAILS. The Refunding Bonds shall be designated “Limited Tax General Obligation Refunding
Bonds, Series 2021,” with the word “Taxable” (or a similar designation) if bonds are issued as bonds the interest on which
is not excluded from gross income for federal income tax purposes, and such other designation as shall be determined by
order of the Authorized Officer; shall be dated as of the date of delivery thereof; shall be numbered from 1 upwards; shall
be fully registered; shall be in denominations and bear interest at a rate or rates not exceeding 5% per annum as shall be
determined by order of the Authorized Officer; shall be payable on such dates as shall be determined by order of the
Authorized Officer; and shall be serial bonds and/or term bonds and mature on such dates and in such years as shall be
determined by order of the Authorized Officer; provided, however, that the final maturity shall not be later than October
1, 2032.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding Bonds shall be
payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the Refunding
Bonds to the bond registrar and paying agent as they severally mature; provided, however, the Authorized Officer may
determine by order that presentation and surrender of the bonds to the bond registrar and paying agent are not required
for payment of some or all of the principal installments, and in such case such principal installments shall be paid to the
registered owner of the bonds as shown on the registration books. Interest shall be paid to the registered owner of each
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Refunding Bond as shown on the registration books at the close of business on the 15th day of the calendar month
preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft mailed by
the bond registrar and paying agent to the registered owner at the registered address.
4. PRIOR REDEMPTION. The Refunding Bonds shall be subject to mandatory and/or optional redemption
prior to maturity upon such terms and conditions as shall be determined by order of the Authorized Officer.
5. BOOK-ENTRY SYSTEM. If requested by the original purchaser of the Refunding Bonds and determined by
the Authorized Officer to be in the best interest of the County, initially, one fully-registered Refunding Bond for each
maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The
Depository Trust Company (“DTC”), for the benefit of other parties (the “Participants”) in the book-entry-only transfer
system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-
entry system of transfer or that the interests of the holders of the Refunding Bonds might be adversely affected if the
book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent,
whereupon DTC will notify the Participants of the availability through DTC of Refunding Bond certificates. In such event,
the bond registrar and paying agent shall deliver, transfer and exchange Refunding Bond certificates as requested by DTC
and any Participant or “beneficial owner” in appropriate amounts in accordance with this resolution. DTC may determine
to discontinue providing its services with respect to the Refunding Bonds at any time by giving notice to the County and
the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the
County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the
County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no
successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver
Refunding Bond certificates in accordance with the procedures established by this resolution. In the event Refunding
Bond certificates are issued, the provisions of this resolution shall apply to, among other things, the transfer and exchange
of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests
the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall
cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate
certificates evidencing the Refunding Bonds to any Participant having Refunding Bonds credited to its DTC account or to
arrange for another securities depository to maintain custody of certificates evidencing the Refunding Bonds.
Notwithstanding any other provision of this resolution to the contrary, so long as any Refunding Bond is
registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and
redemption premium, if any, on such Refunding Bonds and all notices with respect to the Refunding Bonds shall be
made and given, respectively, to DTC. The Authorized Officer is authorized to sign the Blanket Issuer Letter of
Representations on behalf of the County in such form as such official signing the Blanket Issuer Letter of Representations
deems necessary or appropriate in order to accomplish the issuance of the Refunding Bonds in accordance with law and
this resolution.
Notwithstanding any other provision of this section to the contrary, if the Authorized Officer deems it to be in
the best interest of the County, the Refunding Bonds shall not initially be issued through the book-entry-only transfer
system of DTC.
6. BOND REGISTRAR AND PAYING AGENT. The Authorized Officer shall designate, and may enter into an
agreement with, a bond registrar and paying agent for the Refunding Bonds which shall be a bank or trust company located
in the State of Michigan that is qualified to act in such capacity under the laws of the United States of America or the State
of Michigan. The Authorized Officer from time to time as required may designate a similarly qualified successor bond
registrar and paying agent. Notwithstanding any provision of this section to the contrary, if the Authorized Officer deems
it to be in the best interest of the County, the County Treasurer shall serve as bond registrar and paying agent for the
Refunding Bonds.
7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding Bonds shall be executed in the
name of the County by the manual or facsimile signatures of the Chairman of the Board of Commissioners and the County
Clerk and authenticated by the manual signature of the bond registrar and paying agent or an authorized representative
of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted
on the Refunding Bonds. After the Refunding Bonds have been executed and authenticated for delivery to the original
purchaser thereof, they shall be delivered by the Authorized Officer to the purchaser of the Refunding Bonds upon receipt
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of the purchase price. Additional Refunding Bonds bearing the manual or facsimile signatures of the Chairman of the
Board of Commissioners and the County Clerk may be delivered to the bond registrar and paying agent for authentication
and delivery in connection with the exchange or transfer of the Refunding Bonds. The bond registrar and paying agent
shall indicate on each Refunding Bond the date of its authentication.
8. EXCHANGE AND TRANSFER OF BONDS. Any Refunding Bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly
executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be
exchanged for Refunding Bonds of any other authorized denominations of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered Refunding Bond.
Each Refunding Bond shall be transferable only upon the books of the County, which shall be kept for that
purpose by the bond registrar and paying agent, upon surrender of such Refunding Bond together with a written
instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his
duly authorized attorney.
Upon the exchange or transfer of any Refunding Bond, the bond registrar and paying agent on behalf of the
County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new
Refunding Bond or Bonds of any authorized denomination of the same aggregate principal amount and maturity date
and bearing the same rate of interest as the surrendered Refunding Bond. If, at the time the bond registrar and paying
agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding
Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding Bond the following:
“Payment of interest on this bond is in default. The last date to which interest has been paid is ___________, ____.”
The County and the bond registrar and paying agent may deem and treat the person in whose name any
Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond,
whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of and
interest on such Refunding Bond and for all other purposes, and all payments made to any such registered owner, or
upon his order, in accordance with the provisions of section 3 of this resolution shall be valid and effectual to satisfy and
discharge the liability upon such Refunding Bond to the extent of the sum or sums so paid, and neither the County nor
the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and
save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or
liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner.
For every exchange or transfer of Refunding Bonds, the County or the bond registrar and paying agent may
make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect
to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a
condition precedent to the exercise of the privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange Refunding Bonds or portions
of Refunding Bonds that have been selected for redemption.
9. FORM OF BONDS. The Refunding Bonds shall be in substantially the following form, with such changes
thereto as determined by the Authorized Officer within the parameters of this resolution:
UNITED STATES OF AMERICA

STATE OF MICHIGAN
COUNTY OF SHIAWASSEE
[TAXABLE] LIMITED TAX GENERAL OBLIGATION
REFUNDING BOND, SERIES 2021[__]
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
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Registered Owner:
Principal Amount:
The County of Shiawassee, State of Michigan (the “County”), acknowledges itself indebted to, and for value received hereby
promises to pay to, the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity
Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at
_______________________________________, the bond registrar and paying agent, or at such successor bond registrar and paying
agent as may be designated pursuant to the Resolution (as hereinafter defined), and to pay to the Registered Owner, as shown on the
registration books at the close of business on the 15 th day of the calendar month preceding the month in which an interest payment is
due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the
Registered Owner at the registered address, interest on such Principal Amount from __________, ____, or such later date through
which interest has been paid until the County’s obligation with respect to the payment of such Principal Amount is discharged, at the
rate per annum specified above. Interest is payable on the first day of __________ and __________ in each year, commencing on
__________, 20__. Principal and interest are payable in lawful money of the United States of America. Interest shall be computed on
the basis of a 360-day year of twelve 30-day months.
This bond is one of a series of bonds aggregating the principal sum of ___________________________________ Dollars
($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan
(especially Act No. 34, Public Acts of 2001, as amended) and a resolution adopted by the Board of Commissioners of the County on
July 14, 2021 and an order of the Authorized Officer (collectively, the “Resolution”), for the purpose of refunding the County’s
outstanding (i) General Obligation Limited Tax Capital Improvement Bonds, Series 2010A and Taxable General Obligation Limited
Tax Capital Improvement Bonds, Series 2010B, each dated as of July 8, 2010, maturing or subject to mandatory redemption in the
years ____ through ____ and (ii) Taxable General Obligation Limited Tax Capital Improvement Bonds (Energy Conservation
Improvements), Series 2010, dated as of September 23, 2010, maturing in the years ____ through ____. The full faith and credit of
the County have been pledged for the prompt payment of the principal of and interest on this bond. The County is required to levy
annually ad valorem taxes to pay such principal and interest as the same shall become due. Taxes imposed by the County are subject
to constitutional and statutory tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond
registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond
registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or
transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same
interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and
upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or
any integral multiple of $5,000 not exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds that have been
selected for redemption.
MANDATORY PRIOR REDEMPTION
Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows:
Principal Amount of
Redemption Date Bonds to be Redeemed
Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot.
(REPEAT IF MORE THAN ONE TERM BOND)
OPTIONAL PRIOR REDEMPTION
The bonds are not subject to optional redemption prior to maturity.

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It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed
precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and
manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does
not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Shiawassee, State of Michigan, by its Board of Commissioners, has caused this
bond to be executed in its name by the manual or facsimile signatures of the Chairman of the Board of Commissioners and the County
Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted thereon. This bond shall not be valid unless the
Certificate of Authentication has been manually executed by the bond registrar and paying agent or an authorized representative of the
bond registrar and paying agent.
COUNTY OF SHIAWASSEE
By:
Its: Chairman, Board of Commissioners
And:
Its: Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________ (please print or type name, address
and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and
appoints ______________________________________________________________________________ attorney to transfer the
within bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ____________________ __________________________________________
Signature Guaranteed: __________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association
recognized signature guarantee program.
[END OF BOND FORM]
10. SECURITY. The Refunding Bonds shall be limited tax general obligations of the County. The County shall
apply cash rental payments received pursuant to the Contract of Lease to the payment of the principal of and interest on
the Refunding Bonds as the same shall become due, provided that the County may apply all or a portion of such cash
rental payments to the payment of debt service on other obligations which may be issued by the County for the benefit
of the Facility. In addition, the full faith and credit of the County are pledged for the prompt payment of the principal of
and interest on the Bonds as the same shall become due. Each year the County shall include in its budget as a first budget
obligation an amount sufficient to pay such principal and interest as the same shall become due. The ability of the County
to raise funds to pay such amounts is subject to applicable constitutional and statutory limitations on the taxing power of
the County.
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11. DEBT RETIREMENT FUND. There is hereby established for the Refunding Bonds a debt retirement fund
(the “Debt Retirement Fund”) that shall be either a separate or a common fund as permitted by law. From the proceeds
of the sale of the Refunding Bonds, there shall be set aside in the Debt Retirement Fund any accrued interest received
from the purchaser at the time of delivery of the same and such portion of any premium received from the purchaser on
the Refunding Bonds as determined by the Authorized Officer. Cash rental payments received by the County pursuant to
the Contract of Lease and the proceeds from taxes levied for the payment of the principal of and interest on the Refunding
Bonds shall be deposited into the Debt Retirement Fund. If a separate debt retirement fund is established, the moneys
deposited in the Debt Retirement Fund shall be used solely for the purpose of paying the principal of and interest on the
Refunding Bonds. If a common debt retirement fund is established, the moneys deposited in the Debt Retirement Fund
shall be used solely for the payment of the principal of and interest on the Refunding Bonds and other bonds of like
character of the County payable from such common debt retirement fund.
12. PAYMENT OF COSTS OF ISSUANCE - ESCROW FUND. The remainder of the proceeds of the Refunding
Bonds shall be used to pay the costs of issuance of the Refunding Bonds and to refund the Prior Bonds To Be Refunded.
After the costs of issuance have been paid or provided for, the remaining proceeds shall be used, together with any
moneys transferred from the debt retirement fund for the Prior Bonds or other available funds of the County in such
amounts as determined by the Authorized Officer, to establish an escrow fund (the “Escrow Fund”) consisting of cash and
investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed
by, the United States of America or other obligations the principal of and interest on which are fully secured by the
foregoing and used to pay the principal of, interest on and redemption premiums, if any, on the Prior Bonds To Be
Refunded. The Escrow Fund shall be held by an escrow agent (the “Escrow Agent”) pursuant to an Escrow Agreement (the
“Escrow Agreement”), which irrevocably shall direct the Escrow Agent to take all necessary steps to pay the principal of
and interest on the Prior Bonds To Be Refunded when due and to call such Prior Bonds To Be Refunded for redemption at
such time as shall be determined in the Escrow Agreement. The Authorized Officer is authorized to select the Escrow
Agent and enter into the Escrow Agreement on behalf of the County. The amounts held in the Escrow Fund shall be such
that the cash and the investments and the income received on the investments will be sufficient without reinvestment to
pay the principal of, interest on and redemption premiums, if any, on the Prior Bonds To Be Refunded when due at
maturity or call for redemption as required by the Escrow Agreement.
13. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of
and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier
optional redemption, the principal of, redemption premium, if any, and interest on all or any portion of the Refunding
Bonds, shall have been deposited in trust, this resolution shall be defeased and the owners of the Refunding Bonds shall
have no further rights under this resolution except to receive payment of the principal of, redemption premium, if any,
and interest on the Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and
to transfer and exchange Refunding Bonds as provided herein.
14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds shall be
subject to the County obtaining qualified status or prior approval from the Department of Treasury of the State of Michigan
pursuant to Act 34 and, if necessary, the Authorized Officer is hereby authorized and directed to make application to the
Department of Treasury for approval to issue and sell the Refunding Bonds as provided by the terms of this resolution and
by Act 34. The Authorized Officer is authorized to pay any filing fees required in connection with obtaining qualified status
or prior approval from the Department of Treasury. The Authorized Officer is further authorized to request such
exemptions or exceptions from any requirements of the Department of Treasury or Act 34 as the Authorized Officer shall
determine to be necessary or desirable in connection with the sale of the Refunding Bonds.
15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. Except as otherwise provided in this
section, the Refunding Bonds shall be sold pursuant to a negotiated sale as hereinafter provided, and it is hereby
determined that such negotiated sale is in the best interests of the College and is calculated to provide the maximum
flexibility in pricing the Refunding Bonds so as to achieve sufficient debt service savings with respect to the Prior Bonds To
Be Refunded. The Refunding Bonds shall be sold to a purchaser (the "Purchaser") in connection with a private placement
by the placement agent identified in section 18 (the "Placement Agent"). The Refunding Bonds shall be sold by means of
a request for proposal to prospective purchasers in such form as approved by the Authorized Officer. The Authorized
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Officer is authorized to negotiate, execute and deliver a placement agreement (the "Placement Agreement") with the
Placement Agent, which Placement Agreement shall set forth the compensation to be paid to the Placement Agent, as
well as such other terms and provisions as the Authorized Officer determines to be necessary or appropriate in connection
with the sale of the Refunding Bonds. The Prior Bonds To Be Refunded, the principal amount of the Refunding Bonds,
principal maturities and dates, interest rates and interest payment dates, redemption provisions, if any, designation of
any series of Refunding Bonds as Tax-Exempt Bonds (defined below) or taxable bonds, as the case may be, and the
purchase price to be paid by the Purchaser, as well as such other terms and provisions as shall be determined by the
Authorized Officer, shall be set forth in one or more orders authorizing the sale of a series of Refunding Bonds to be
executed by the Authorized Officer. In making the determination in the order authorizing the sale of the Refunding Bonds
with respect to principal maturities and dates, interest rates, and purchase price of the Refunding Bonds, the Authorized
Officer shall be limited as follows:
(a) The interest rate on any Refunding Bond shall not exceed 5% per annum.
(b) The final maturity date of the Refunding Bonds shall not be later than October 1, 2032.
(c) The issuance of the Refunding Bonds shall result in present value savings (net of issuance costs) of not less than 3%
with respect to the debt service on the Prior Bonds To Be Refunded.
In the absence of the Authorized Officer, the Chairman of the Board of Commissioners is authorized to make such
determinations and issue such orders as the Authorized Officer is authorized to so make and issue pursuant to the provisions of this
resolution. The Chairman, the County Treasurer, the County Clerk, the County Administrator and all other officials of the County are
authorized to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in
accordance with the provisions of this resolution.
16. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an
unmatured Refunding Bond, of satisfactory evidence that the Refunding Bond has been lost, apparently destroyed
or wrongfully taken and of security or indemnity that complies with applicable law and is satisfactory to the County
Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed
Refunding Bond to replace the Refunding Bond lost, apparently destroyed or wrongfully taken in compliance with
applicable law. In the event an outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully
taken, the County Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without
presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond.
The bond registrar and paying agent, for each new Refunding Bond delivered or paid without presentation as
provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond
registrar and paying agent and the County in the premises. Any Refunding Bond delivered pursuant to the provisions
of this Section in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form
and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond
was delivered.
17. TAX COVENANT; QUALIFIED TAX-EXEMPT OBLIGATIONS. (a) The County covenants to comply
with all requirements of the Internal Revenue Code of 1986, as amended (the “Code”), necessary to assure that the
interest on any bonds which is excluded from gross income for federal income tax purposes (the “Tax-Exempt
Bonds”) will be and will remain excludable from gross income for federal income tax purposes. The Authorized
Officer and other appropriate County officials are authorized to do all things necessary to assure that the interest on
the Tax-Exempt Bonds, if any, will be and will remain excludable from gross income for federal income tax purposes.
(b) Refunding Bonds issued as Tax-Exempt Bonds are hereby designated as “qualified tax-exempt
obligations” as described in Section 265(b)(3) of the Code.
18. APPOINTMENTS. Dickinson Wright PLLC is hereby appointed to act as bond counsel, Baker Tilly
Municipal Advisors, LLC is hereby appointed to act as financial consultant and Huntington Securities, Inc. is hereby
appointed to act as Placement Agent, with respect to the Refunding Bonds. The County acknowledges that Dickinson
Wright PLLC represents a number of financial institutions in public finance matters unrelated to the County,
including the Placement Agent (in other unrelated matters) and other financial institutions that may potentially
purchase the Bonds, and consents to Dickinson Wright PLLC’s representation of the County as bond counsel, and
waives any conflict of interest arising from such representation of the Placement Agent and financial institutions or
underwriters in other matters not involving the County.
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19. FIRST AMENDMENT TO CONTRACT OF LEASE. The Authorized Officer is hereby authorized to
negotiate a First Amendment to Contract of Lease for and on behalf of the County that will provide cash rental
payments to the County that will reflect a debt service savings to the Authority and that will be at least sufficient for
the payment of debt service on the Refunding Bond along with such other changes to the Contract of Lease as may
be necessary or desirable and not materially adverse to the County.
20. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict
herewith are rescinded.
RESOLUTION DECLARED ADOPTED.
YEAS:
NAYS:
ABSTENTIONS:
STATE OF MICHIGAN )
)ss
COUNTY OF SHIAWASSEE )
I, the undersigned, the duly qualified and acting Clerk of the County of Shiawassee, Michigan, do hereby certify
that the foregoing is a true and complete copy of a resolution adopted at a regular meeting of the Board of
Commissioners of the County of Shiawassee, Michigan, held on the 14th day of July, 2021, the original of which
resolution is on file in my office and is available to the public. I further certify that notice of said meeting was given in
accordance with the provisions of the Open Meetings Act.
IN WITNESS WHEREOF, I have hereunto affixed my official signature on this ____ day of July, 2021.
Clerk, County of Shiawassee
It was moved by Commissioner Plowman, seconded by Commissioner Garber to approve the

Coordinator’s Budget Memo and Budget Timeline as presented. Motion carried.
recommended second quarter budget adjustments for coding changes and consolidated funds. Motion carried
with the following roll call vote of 6 yeas: Commissioners Holzhausen, Garber, Marks, Plowman, Webster and
Chairman Root. 0 nays.
It was moved by Commissioner Plowman, seconded by Commissioner Garber to approve Resolution
No. 21-07-10 approving the request by the Shiawassee County Treasurer to reassert local Foreclosing
Governmental Authority from the Michigan Department of the Treasury. Motion carried with the following roll
call vote of 6 yeas: Commissioners Garber, Marks, Plowman, Webster, Holzhausen and Chairman Root. 0
nays.
SHIAWASSEE COUNTY
Resolution No. 21-07-10
FORECLOSING GOVERNMENTAL UNIT
WHEREAS, Section 78(5) of Act 206 of the Public Acts of 1893, as amended, and codified at Michigan Compiled
Laws 211.78(5), expressly authorizes the Board of Commissioners for the County of Shiawassee to rescind its prior
resolution by which it elected to have the State of Michigan foreclose property forfeited to the county treasurer under
section 78g of the same act, and regain its status as a Foreclosing Governmental Unit, or “FGU”; and
WHEREAS, the Board of Commissioners for the County of Shiawassee desires to create a county land bank,
which necessitates that the County of Shiawassee regain its status as an FGU; and
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WHEREAS, the Treasurer for the County of Shiawassee has, with the permission and support of the Board of
Commissioners for the County of Shiawassee, already filed with the State both a letter of concurrence with the County’s
desire to regain its FGU status, and a letter of intent to take on the responsibilities and duties attendant with operating an
FGU;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That pursuant to Section 78(5) of Act 206 of the Public Acts of 1893, as amended, the prior resolution by which
the Board of Commissioners for the County of Shiawassee elected to have the State of Michigan foreclose property
forfeited to the county treasurer under section 78g of Act 206 of the Public Acts of 1893 is hereby rescinded.
BE IT FURTHER RESOLVED that it is the clear and unambiguous intent of this Board that the County of
Shiawassee shall be its own Foreclosing Governmental Unit.
BE IT FURTHER RESOLVED that all Public Officials of the County of Shiawassee, State of Michigan, and all
Governmental units thereof, within such time as shall be required by law, are directed to perform all acts which shall be
necessary to be performed in order to submit this resolution to the State of Michigan and regain the County’s status as a
Foreclosing Governmental Unit forthwith.
Ayes
Nays
Absent
______________________________ ______________________________
Jeremy R. Root, Chairperson Caroline Wilson, Clerk
Shiawassee Board of Commissioners Shiawassee County
Dated: _______________________
It was moved by Commissioner Plowman, seconded by Commissioner Webster to approve

Resolution No. 21-07-12 authorizing the Treasurer to enter into an Intergovernmental Agreement with the
State of Michigan Land Bank to form a local Shiawassee County Land Bank. Motion carried with the following
roll call vote of 6 yeas: Commissioners Garber, Marks, Plowman, Webster, Holzhausen and Chairman Root.
0 nays.
SHIAWASSEE COUNTY
Resolution No. 21-07-12
RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT

ESTABLISHING THE SHIAWASSEE COUNTY LAND BANK AUTHORITY
WHEREAS, the Michigan Land Bank Fast Track Authority, (“Authority”) was created as a public body corporate
and politic within the Michigan Department of Labor and Economic Growth, a principal department of the executive branch
of state government, under the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774, and is authorized to
enter into an intergovernmental agreement with a county foreclosing governmental unit providing for the creation of a
county authority to exercise the power, duties, function, and responsibilities of any authority under that act; and
WHEREAS, the Treasurer of the County of Shiawassee, Michigan is a foreclosing governmental unit under the
Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774 and Section 78 of the General Property Tax Act, 1893
PA 206, MCL 211.78; and
WHEREAS, the Authority and the Treasurer and the Board of Commissioners of the County of Shiawassee,
Michigan seek to establish a county authority for Shiawassee County as a separate legal entity and as a public body to
exercise within Shiawassee County, Michigan the powers, duties, functions and responsibilities of an authority under the
Land Bank Fast Tract Act, 2003 PA 258, MCL 124.751 to 124.774; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Board of Commissioners of the County of Shiawassee approves the proposed Intergovernmental Agreement
attached hereto as Exhibit A between the Michigan Land Bank Fast Track Authority and the Treasurer of the County of
Shiawassee, Michigan creating the Shiawassee County Land Bank Authority, subject, if necessary, to technical,
typographical or non-substantial modifications approved by the Executive Director of, or legal counsel for, the Michigan
Land Bank Fast Track Authority before the effective date of the Intergovernmental Agreement. The provisions of this
resolution shall be effective upon its approval.
Ayes
Nays
Absent
_____________________________ ______________________________
1
0
Jeremy R. Root, Chairperson Caroline Wilson, Clerk
Shiawassee Board of Commissioners Shiawassee County
Dated: _______________________
It was moved by Commissioner Plowman, seconded by Commissioner Holzhausen to authorize the

contract extension with the SRESD for IT services for the County in the amount of $118,500 from July 1, 2021 –
June 30, 2022; and authorize the chairman to execute the necessary documents. Motion carried with the
following roll call vote of 6 yeas: Commissioners Marks, Plowman, Webster, Holzhausen, Garber and Chairman
Root. 0 nays.
replacement of a District Court Deputy Clerk at a pay grade 3. Motion carried with the following roll call vote
of 6 yeas: Commissioners Plowman, Webster, Holzhausen, Garber, Marks and Chairman Root. 0 nays.
replacement of the legal assistant in the Prosecutor’s Office at a grade 3 between $15.07 - $18.42. Motion
carried with the following roll call vote of 6 yeas: Commissioners Webster, Holzhausen, Garber, Marks,
Plowman and Chairman Root. 0 nays.
It was moved by Commissioner Plowman, seconded by Commissioner Garber to approve the minutes of
the July 12, 2021, Finance and Administration Committee meeting. Motion carried.
It was moved by Commissioner Plowman, seconded by Commissioner Holzhausen to authorize the
Sheriff to hire one new Sheriff’s Deputy per the terms outlined in the contract between Shiawassee County and
the Teamsters. Motion carried with the following roll call vote of 6 yeas: Commissioners Holzhausen, Garber,
Marks, Plowman, Webster and Chairman Root. 0 nays.
It was moved by Commissioner Plowman, seconded by Commissioner Holzhausen to approve the dual
mode lighting from LumenServe in an amount of $24,975 with the additional assurance warranty and
compliance monitoring. Motion carried with the following roll call vote of 6 yeas: Commissioners Garber,
Marks, Plowman, Webster, Holzhausen and Chairman Root. 0 nays.
It was moved by Commissioner Plowman, seconded by Commissioner Garber to approve the minutes
of the July 13, 2021, Public Safety and Courts Committee meeting. Motion carried.
It was moved by Commissioner Garber, seconded by Commissioner Holzhausen to approve the
Addendum to the 2019 Mid-State Health Network Substance Use Disorder Oversight Policy Advisory Board
Intergovernmental Agreement. Motion carried with the following roll call vote of 6 yeas: Commissioners
Garber, Marks, Webster, Holzhausen, Plowman and Chairman Root. 0 nays.
It was moved by Commissioner Garber, seconded by Commissioner Holzhausen to approve the medical
examiner agreement and authorize the Chairman to execute said agreement. Motion carried with the following
roll call vote of 6 yeas: Commissioners Marks, Plowman, Webster, Holzhausen, Garber and Chairman Root. 0
nays.
It was moved by Commissioner Garber, seconded by Commissioner Plowman to approve the minutes of
the July 13, 2021, Health and Human Services Committee meeting. Motion carried.
It was moved by Commissioner Marks, seconded by Commissioner Garber to approve August meeting
dates 9th-12th. Motion carried.
It was moved by Commissioner Marks, seconded by Commissioner Plowman to approve the minutes of
the July 14, 2021, Committee of the Whole meeting. Motion carried.
Chairman Root stated Human Resources moving along, handbook should be ready for adoption in
August, looking for consistency. Apologized to Board for leaving Committee of the Whole meeting.
County Coordinator Dr. Boggs addressed the correspondence sent from SCOA to Treasurer regarding
phishing incident and concluded it was not presented in an urgency nature.
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1
Greg Remington, Lennon – Solar/Electrical licensing.
Tom Manke, Owosso – SCOA phishing incident /meeting postponed
It was moved by Commissioner Garber, seconded by Commissioner Plowman to move into Executive
Session for personnel and legal opinion. Motion carried with the following roll call vote of 6 yeas: Plowman,
Webster, Holzhausen, Garber, Marks and Chairman Root. 0 nays.
Regular meeting adjourned to enter into Executive Session at 5:37 p.m.
Executive session adjourned at 6:01 p.m.
Regular meeting reconvened at 6:01 p.m.
County Coordinator Dr. Boggs presented COVID relief reimbursement plan.
It was moved by Commissioner Garber, seconded by Commissioner Webster to approve the first
proposal for use of the ARPA money that includes the following: Covid hazard pay for county employees,
budget stabilization plan, economic development, prosecutor case management plan and county legal services.
Motion carried with the following roll call vote of 6 yeas: Commissioners Plowman, Webster, Holzhausen,
Garber, Marks and Chairman Root. 0 nays.
Regular meeting adjourned at 6:10 p.m.
_________________________________ _____________________________
Jeremy R. Root, Chairman Caroline D. Wilson
Board of Commissioners County Clerk
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https://www.argus-press.com/news/community/corunna/article_9d0a323a-065e-5dc6-a1c0-52d87c670044.html
TOP STORY
County board cashes in on federal COVID money

Rank-and-file employees given far less than board
By DANIEL R. BASSO
Argus-Press Managing Editor
and GREYSON STEELE
Argus-Press Staff Writer
Jul 20, 2021

JEREMY ROOT
BRIAN BOGGS
Marlene Webster
CORUNNA — The Shiawassee County Board of Commissioners Thursday, following a legally questionable closed session, voted to
give county employees, including themselves, COVID-19 “hazard pay” from federal funds.
Commissioners, however, apparently made out much better than the rank-and-file employees in the county with board Chairman
Jeremy Root, R-District 5, accepting $25,000 in extra cash, according to commissioner Marlene Webster, R-District 1.
Webster said she believes the closed session was conducted in violation of the Open Meetings Act and was unaware Thursday that
commissioners planned to give themselves any money from the American Rescue Plan (ARPA).
Webster today said that in addition to Root receiving $25,000, she understands that county Coordinator Brian Boggs received
$25,000, commissioners John Plowman, R-District 7, and Brandon Marks, R-District 4, received $10,000 each, and the remaining
commissioners — Webster, Gary Holzhausen, R-District 3, Greg Brodeur, R-District 2, and Cindy Garber, R-District 6, each received
$5,000.
Webster said commissioners were told Thursday that county employees would receive and average of about $2,100, but she
assumed that meant all would receive similar amounts. Instead, while the average is accurate, most of the county’s 250 employees
apparently will receive only about $1,000.
Webster did not have information on what other elected officials received, if anything.
“There was no hint that commissioners would get anything,” Webster said today.
Commissioners voted 6-0 Thursday to approve the proposal. Commissioner Brodeur was absent.
Webster said after a resident mentioned commissioners getting money, she checked her bank account and discovered the funds
had been deposited, minus tax withholding. She told her husband to withdraw the money in the form of a cashier’s check and
intends to return it to the county.
In addition to the amount of money commissioners received, Webster took issue with the closed session that preceded the vote.
She noted the hazard pay was not on any agendas prior to Thursday’s final meeting. That agenda only listed a personnel
matter/legal opinion.
Webster, highlighting the Michigan Open Meetings Act, noted discussion of a legal opinion requires ongoing litigation and the
presence of the lawyer to discuss the written opinion.
Personnel matters may only be conducted in closed session if they involve a performance review or disciplinary action — and only
at the employee’s request.
“I protested. We should not be in here. We should not be in closed session. It wasn’t a union negotiation,” she said. “They said
(county attorney) Ryan Painter said it was OK.”
Additionally, the OMA states the motion to go into a closed session should cite the section of the OMA and the statutory basis for
the closed session.
Finally, Webster said, Root called the meeting back to open session after all spectators had left and conducted what she called a
“perfunctory” open session before a vote.
“It was a sham to appear it was in open session,” she said.

After returning to open session, Boggs recommended transferring $3 million worth of COVID money into the county’s general fund
“for the purpose of balancing out so that we’re not running in the negative and using other funds.”
“Was there anybody out there?” Holzhausen asked about remaining members of the public as Boggs continued his explanation.
“Nope,” Boggs replied, glancing into the entryway along Shiawassee Street.
Resuming the discussion, Boggs recommended the county pre-pay its yearly contribution to the Shiawassee Economic
Development Partnership for the next few years.
“What that will do is free up that money in our budget to spend on other things, which will therefore both provide the economic
development opportunity that it is meant for but also open it up in our general fund so that we can use it to pay other obligations,
perhaps MERS, other things of that nature, and take that burden off of the general fund.”
Boggs also suggested pre-paying some of county’s retainer fees to Painter, noting it’s an eligible expense under ARPA.
Garber motioned to approve the proposal, authorizing the use of ARPA funds for “COVID hazard pay for county employees, (a)
budget stabilization plan, economic development, (a) prosecutor case management plan and county legal services.”
“We’ve had our discussion, so do we want to have more?” Root asked commissioners after Garber’s motion.
Marks asked if there were any ideas for other ways to use the relief funds.
“It’s relatively restricted,” Boggs replied. “There are certain things that it can be used for … We’ll have other recommendations
coming forward in the next couple of months.”
According to a database of stimulus amounts, county government was set to receive approximately $13.2 million.
The county hired outside firm Maner Costerisan to calculate its lost revenue throughout the pandemic. Lost revenue during the
period, according to the firm, was roughly $6.4 million.
“Anything that you can count as lost revenue, you can supplement this (relief) money in there for that,” Root explained, noting
those funds can be used without restrictions under ARPA.
Relief funds must be spent by 2024 or they’ll be returned to the federal government, according to Boggs.
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7/22/2021 FACT SHEET: The American Rescue Plan Will Deliver Immediate Economic Relief to Families | U.S. Department of the Treasury
U.S. DEPARTMENT OF THE TREASURY D
FACT SHEET: The American Rescue Plan Will Deliver Immediate

Economic Relief to Families
March 18, 2021
The current public health crisis and resulting economic crisis have devastated the health and
economic wellbeing of millions of Americans. From big cities to small towns, Americans –
particularly people of color, immigrants, and low-wage workers – are facing a deep economic
crisis. More than 9.5 million workers have lost their jobs in the wake of the pandemic, with 4
million out of work for half a year or longer.
The American Rescue Plan will change the course of the pandemic and deliver immediate and
direct relief to families and workers impacted by the COVID-19 crisis through no fault of their
own. This law is one of the most progressive pieces of legislation in history, and will build a
bridge to an equitable economic recovery.
ECONOMIC IMPACT PAYMENTS

Through this third round of Economic Impact Payments, the U.S. Department of the Treasury
(Treasury Department) and the Internal Revenue Service (IRS) are ensuring that Americans will
receive fast and direct relief during the final phase of the COVID-19 crisis. As of yesterday,
approximately 90 million Economic Impact Payments had been disbursed, thereby ensuring
that more than $242 billion of much-needed relief will be received by millions of Americans
and their families within days of enactment of the American Rescue Plan. Unlike the prior
rounds of Economic Impact Payments, the American Rescue Plan requires a 2021 “true-up”
additional payment, when applicable, based on information (such as a recently filed 2020 tax
return) that the IRS receives mid-year during 2021. This additional Economic Impact Payment
will ensure that Americans and their families receive greater amounts of financial assistance
during 2021, rather than waiting to claim a Recovery Rebate Credit on a tax return in 2022.
Those eligible will automatically receive an Economic Impact Payment of up to $1,400 for
individuals or
https://home.treasury.gov/news/featured-stories/fact-sheet-the-american-rescue-plan-will-deliver-immediate-economic-relief-to-families 1/7
$2,800 for married couples, plus $1,400 for each dependent. Unlike the prior rounds of
Economic Impact Payments, families will get a payment for all their dependents claimed on a
tax return, not just their qualifying children under 17.
Normally, a taxpayer will qualify for the full amount if they have an adjusted gross income of up
to
$75,000 for singles and married persons filing a separate return, up to $112,500 for heads of
household, and up to $150,000 for married couples filing joint returns and surviving spouses.
Payment amounts are reduced for filers with incomes above those levels.
The Treasury Department and the IRS continue to expand outreach to the millions of homeless,
rural poor, and other disadvantaged Americans to ensure that they receive Economic Impact
Payments. This includes new and continued relationships with homeless shelters, legal aid
clinics, and providing Economic Impact Payment information in more than 35 languages.
CHILD TAX CREDIT

The American Rescue Plan’s expansion of the Child Tax Credit will substantially reduce child
poverty by supplementing the earnings of families receiving the tax credit. Specifically, the
Child Tax Credit has been revised in the following ways:
1. The credit amount has been increased. The American Rescue Plan increased the amount
of the Child Tax Credit from $2,000 to $3,600 for children under age 6, and $3,000 for other
children under age 18.
2. The credit’s scope has been expanded. Children 17 years old and younger, as opposed to
16 years old and younger, will now be covered by the Child Tax Credit.
3. Credit amounts will be made through advance payments during 2021. Individuals
eligible for a 2021 Child Tax Credit will receive advance payments of the individual’s credit,
which the IRS and the Bureau of the Fiscal Service will make through periodic payments
from July 1, to December 31, 2021. This change will allow struggling families to receive
financial assistance now, rather than waiting until the 2022 tax filing season to receive the
Child Tax Credit benefit.
4. The credit is now fully refundable. By making the Child Tax Credit fully refundable, low-
income households will be entitled to receive the full credit benefit, as significantly
expanded and increased by the American Rescue Plan.
5. The credit is now extended to Puerto Rico and the U.S. Territories. For the first time,
low- income families residing in Puerto Rico and the U.S. Territories will receive this vital
financial assistance to better support their children’s development and health and
educational attainment.
To facilitate the disbursement of Child Tax Credit advance payments during 2021, the American
Rescue Plan requires the IRS to establish an online portal for taxpayers to update relevant data
for mid-year payment adjustments (for example, the birth of a child during 2021). In addition to
this online tool, the Treasury Department and the IRS will carry out a sweeping public
awareness campaign parallel to its Economic Impact Payment campaign to reach all Americans
who may be eligible for this financial assistance.
STATE AND LOCAL FISCAL RECOVERY FUND

State, local and tribal governments across America have been under an unprecedented strain in
the wake of the COVID-19 crisis. While the need for services has increased —including setting up
emergency medical facilities, standing up vaccination sites, and supporting struggling small
businesses—state and local revenues have plummeted as a result of the economic fallout from
the crisis. At the height of the fallout, public sector employment fell by around 1.4 million jobs,
including layoffs of 1 million educators, compared to around 750,000 job losses during the Great
Recession. As a result, communities have faced
untenable choices, between laying off educators, firefighters and other frontline workers or
failing to provide services that communities rely on.
The American Rescue Plan provides $350 billion dollars in emergency funding for state, local,
territorial, and Tribal governments to remedy this mismatch between rising costs and falling
revenues. This includes:
$195 billion for states, (a minimum of $500 million for each State);
$130 billion for local governments (a minimum of $1.25 billion per state is provided by the
statute inclusive of the amounts allocated to local governments within the state);
$20 billion for tribal governments; and
$4.5 billion for territories
The Rescue Plan will provide needed relief to state, local, and Tribal governments to enable
them to continue to support the public health response and lay the foundation for a strong and
equitable economic recovery. In addition to helping these governments address the revenue
losses they have experienced as a result of the crisis, it will help them cover the costs incurred
due responding to the public health emergency and provide support for a recovery – including
through assistance to households, small businesses and nonprofits, aid to impacted industries,
and support for essential workers. It will also provide resources for state, local, and Tribal
governments to invest in infrastructure, including water, sewer, and broadband services.
CAPITAL PROJECTS FUND

The COVID-19 crisis starkly illuminated key shortcomings – and inequalities – in U.S.
infrastructure. While some communities were able to adapt to the pandemic with remote or
socially-distanced options for work, education, and health care, others lacked the infrastructure
needed to do so, compounding the disruptions of the pandemic and exacerbating existing
inequalities, with long-term consequences for American families. One particularly salient
infrastructure challenge has been the digital divide and the absence of foundational conditions
that enable network connectivity and access. As more and more areas of work and education
move online, this divide risks leaving many American families behind.
Recognizing these challenges, the American Rescue Plan provides $10 billion for states,
territories, and Tribes to cover the costs of capital projects like broadband infrastructure.
The Capital Projects Fund takes critical steps to addressing these challenges laid bare by the
pandemic, especially in rural America and low- and moderate-income communities, helping to
ensure that all communities have access to the high-quality, modern infrastructure needed to
thrive, including internet access.
HOMEOWNER ASSISTANCE FUND

As the economic fallout from the COVID-19 crisis took form, millions of Americans were faced
with the pressures of having to decide between making mortgage payments and other essential
obligations. This was especially true for the low-income communities and communities of color
who bore the brunt of this crisis. Across the country, one in 10 homeowners with a mortgage are
behind on payments. The law takes immediate steps to help Americans stay in their homes and
keep a roof over their heads.
The American Rescue Plan provides nearly $10 billion for states, territories, and Tribes to
provide relief for our country’s most vulnerable homeowners. This includes:
A minimum of $50 million for each state, the District of Columbia and Puerto Rico;
$30 million for the territories of Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands;
An explicit mandate to prioritize socially disadvantaged households;
The law prioritizes those homeowners that have experienced the greatest hardships, leveraging
local and national income indicators to maximize intended impact. Applicable funding uses
include delinquent mortgage payments, allowing Americans across the country to take a step in
the right direction toward household stabilization. These necessary actions will minimize
foreclosures in the coming months, alleviate emergency shelter capacity, and mitigate potential
COVID-19 infections.
EMERGENCY RENTAL ASSISTANCE

An underlying consequence of the COVID-19 pandemic is that household stability is not just a
financial security issue, but also a health concern. As the country entered the throes of the
crisis, many cities and states began creating or expanding rental assistance programs to support
at-risk households. The December appropriations bill provided $25 billion of federal relief to be
administered by the Emergency Rental Assistance (ERA) program for disbursement to existing
state and local government programs. The American Rescue Plan nearly doubles the initial
funding to expand the reach and impact of the existing ERA program, taking additional steps to
mitigate the financial harm caused by the pandemic and keeping Americans safe as the country
addresses the virus.
The American Rescue Plan provides $21.6 billion for states, territories, and local governments
to assist households that are unable to pay rent and utilities due to the COVID-19 crisis. This
includes:
A minimum of $152 million for each state and the District of Columbia;
$305 million for the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, and American Samoa;
$2.5 billion for payments to “high-need grantees,” locations with an urgent need for
assistance when factoring conditions such as change in employment, concentration of very
low-income renters, and rental market costs
As a result of the American Rescue Plan, states and localities across the country will be better
armed to provide relief and assistance to those vulnerable households. The new funding will
leverage existing program structures, allowing for money to be disbursed quickly and efficiently
to on the ground emergency programs, and ensuring this country’s hardest-hit families to
receive their equitable share of relief.
STATE SMALL BUSINESS CREDIT INITIATIVE

It is no secret that the pandemic has disproportionately impacted small businesses across the
country, particularly those owned and operated by women and minorities. Every community
has had to face the unfortunate reality of local storefronts that are closing or have closed,
resulting in friends and family members being furloughed or laid off. Nationally, small business
revenue is down 32 percent, and at least 400,000 firms have permanently closed. After a year of
the public health crisis, many businesses are hanging on by a thread. Within this law are plans
to provide critical assistance to small businesses across the country, facilitating the urgent
deployment of capital and support to help these organizations not just persevere, but recover
on solid footing.
The American Rescue Plan provides $10 billion to state and Tribal governments to fund small
business credit expansion initiatives. This program will build off the inaugural model developed
in 2011 during the Obama-Biden Administration, in which nearly $1.5 billion in capital
supported over $8 billion in new lending and investing activity across 142 different programs in
its first 5 years. The new iteration will expand in scale and include:
$1.5 billion for states to support businesses owned by socially and economically
disadvantaged people;
$1 billion for an incentive program to boost funding tranches for states that show robust
support for such businesses; and
$500 million to support very small businesses with fewer than 10 employees;
This law will inject capital into state small business support and capital access programs,
provide collateral support, facilitate loan participation, and enable credit guarantee programs.
It will boost state venture capital programs and provide funding for technical support and
assistance. This Administration recognizes that small businesses—enterprises that are
responsible for two-thirds of net new jobs in this country—are the backbone of the American
economy, and a bellwether of economic progress.
EMPLOYEE RETENTION CREDIT AND PAID LEAVE CREDIT

PROGRAMS
In addition to the SSBCI, the American Rescue Plan extends a number of critical tax benefits to
small businesses that are intended to help businesses through to the recovery while keeping up
their payrolls and still taking steps to protect health outcomes for employees.
The American Rescue Plan extends the availability of the Employee Retention Credit for small
businesses through December 2021 and allows businesses to offset their current payroll tax
liabilities by up to
$7,000 per employee per quarter. This credit of up to $28,000 per employee for 2021 is
available to small businesses who have seen their revenues decline, or even been temporarily
shuttered, due to COVID.
The American Rescue Plan also extends through September 2021 the availability of Paid Leave
Credits for small and midsize businesses that offer paid leave to employees who may take leave
due to illness, quarantine, or caregiving. Businesses can take dollar-for-dollar tax credits
equal to wages of up to
$5,000 if they offer paid leave to employees who are sick or quarantining. Paid Leave Credits
are a powerful incentive to encourage the offer of paid sick and family leave, which will help
keep the virus under control by ensuring sick employees can stay home.
UNEMPLOYMENT COMPENSATION
Across the nation, millions of Americans lost their jobs in the wake of the COVID-19 pandemic
and, as a result, claimed unemployment benefits. The American Rescue Plan waives federal
income taxes on the first $10,200 of unemployment benefits received in 2020 by middle- and
lower-income taxpayers. The tax relief extends to both workers who received benefits through
federal unemployment programs as well as those who received traditional benefits through
their state unemployment insurance fund. This law will provide tax relief for Americans who lost
their jobs and utilized unemployment benefits last year – allowing millions of workers to focus
their benefits on covering essentials during the COVID-19 pandemic.
FACT SHEET: The American Rescue Plan Will Deliver Immediate Economic Relief to Families
(3/18/21)
E
FACT SHEET:
THE AMERICAN RESCUE PLAN ACT OF 2021 (H.R. 1319)
The American Rescue Plan (H.R. 1319) is a $1.9 trillion emergency legislative package
to provide the resources needed to address the ongoing COVID-19 public health crisis
and spur a strong economic recovery.
The American Rescue Plan Act will:
• Increase direct assistance to households in need across America by $1,400 per

person, bringing the total (including the $600 down payment enacted in
December) to $2,000 for eligible recipients.
• Extend and expand unemployment insurance and give families with children as
well as childless workers a boost through enhanced tax credits, including:
o Extends the Pandemic Unemployment Assistance program which extends
benefits to some self-employed and some other pandemic-affected
individuals who don’t qualify for regular state unemployment benefits
through August 29, 2021;
o Extends and expands the Federal Pandemic Unemployment
Compensation – boosts the federal supplement to state UI benefits from
$300 to $400 for the weeks ending after March 14 and before August 29,
2021;
o Makes the child tax credit fully refundable, and advanceable, for 2021 and
increases the amount to $3,000 per child ($3,600 per child under age 6);
and
o Helps families access high-quality childcare by expanding the Child and
Dependent Tax Credit (CDCTC) to allow many families to claim up to half
of their childcare expenses.
• Extend enhanced SNAP benefits, providing funds to alleviate backlogs and
respond to pandemic impacts in our food supply chains.
• Provide direct housing and nutrition assistance to families and expand access to
safe and reliable childcare and affordable health care.
• Provide nearly $130 billion to help K-12 schools safely reopen and address lost
time in the classroom, including an estimated $5 billion for schools in
Pennsylvania.
• Dedicate nearly $40 billion for institutions of higher education and requires
institutions to dedicate at least half of their funding for emergency financial aid
grants to students.
• Provide resources to increase COVID-19 vaccinations across the country to test,
treat and protect all Americans. The plan will mount a national vaccination
program that includes setting up community vaccination sites nationwide. It will
also take complementary measures to combat the virus, including scaling up
testing and tracing, addressing shortages of personal protective equipment
(PPE) and other critical supplies, investing in high-quality treatments, and
addressing health care disparities.
• Provide support for small businesses including:
o $15 billion for COVID-19 Emergency Grants Through the Economic Injury
Disaster Loan (EIDL) Program;
o $7.25 billion in additional funding for the Paycheck Protection Program
(PPP) and expands eligibility of 501(c) nonprofits of all sizes and types;
and
o $25 billion for a new program at the Small Business Administration (SBA)
to aid restaurants and bars with 20 or fewer locations, with $5 billion set
aside specifically for smaller establishments with less than $500,000 in
2019 annual revenue.
• Provide crucial resources to protect the jobs and health of first responders,
frontline public health workers, teachers, transit workers, and other essential
workers that all Americans depend on, including:
o $20 billion for vaccine administration and distribution;
o $46 billion for testing, contact tracing, and mitigation and purchasing
personal protective equipment; and
o $7.6 billion to hire 100,000 full time employees into the public health
workforce.
• Procure essential medical supplies and equipment through the Defense
Production Act.
• Provide key funding for transit agencies, airports, and the Federal Emergency
Management Agency (FEMA) including:
o $30 billion for transit to help transit agencies keep jobs for drivers,
mechanics and other employees;
o Purchase of PPE, shields, sanitizer, wipes for their workers, and to
maintain the transit routes relied upon by Americans;
o $8 billion in emergency aid for airports – including approximately $35
million for Pittsburgh International Airport; and
o $50 billion for the FEMA Disaster Relief Fund.
• Provide funds to help the VA meet the health and economic needs of our nation’s
veterans, including funds to waive copays for treatment and to help the VA
reduce claims and appeals backlogs caused by COVID.
• Include direct payments, extended pandemic-related unemployment benefits,
financial assistance for individuals to retain health coverage through the
Affordable Care Act, and funding for enhancements to refundable tax credits –
like the Child Tax Credit and the Earned Income Tax Credit – designed to help
low-income Americans and combat child poverty.
1 5

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Marlene Webster Shiawassee County

Commissioner District 1
@marleneforcommissioner · Politician
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Marlene Webster Shiawassee County Commissioner

District 1
July 20 at 11:52 PM ·
I have been asked to give a narrative of the events of the last few days related
to the disbursement of hazard pay to county employees. First, it is typical
that when the board has an issue to consider it goes through a week-long
process of committees before it comes to the board so that we have time to
discuss and ask questions. That did not happen with this issue. In fact, it was
never on the agenda for our meeting last week. (July 12-15) When we
received the agenda for Thursday's board meeting, an executive session
(closed session) was listed at the bottom for "Personnel Matter and Legal
Opinion."
When we got into the closed session, we were given a packet with a cover
sheet listing 5 items for our consideration, the first being this:
1. Covid Hazard Pay: Early on during Covid, a handful of departments in the
Sheriff's Office received $1000.00 in heroes funding. However, this
overlooked all other departments, including health, court security, building
maintenance, etc. Several departments have asked about this compensation
during their union negotiations, but there was not any funding until now.
Shiawassee County's wages are lower than surrounding counties, the County 1 5
was open for all but one month of Covid (unlike other cities and counties)
and these funds are meant to stimulate local economies. Based on the
number of employees of around 250, we propose using $537,000 for hazard
pay for the last 18 months of extra work (3120 hours). That is an average of
$2148 per employee--some will receive more and some will receive less
based on roles and responsibilities.
When I saw the agenda items, I protested that we should not be in closed
session for this. After about 15 minutes of discussion on this and other
matters, Chairman Root agreed that we should take this into open session. .
There was some minimal discussion in open session and then we voted.
NOT ONCE was it ever mentioned that any of this money was going to
Commissioners. There was no break down by department or employee
group. Only this average of $2148.00 per employee was presented and
seemed reasonable to me.
On the afternoon of Friday, July 16, a constituent reached out to me to say he
heard a rumor that commissioners had voted to pay themselves with some
commissioners receiving as much as $25,000.00. It seemed so unbelievable
to me that I didn't think it could possibly be true but said I would ask around.
Monday morning (July 19), I noticed a deposit in my account for $3505
($5000 minus withholdings) from Shiawassee County. I was furious because
I felt like I had been blindsided. I would never have voted to give myself
more than twice what county employees received. I made immediate
arrangements to have the funds withdrawn from my account in the form of a
cashier's check.
I then phoned two other commissioners (Brodeur and Marks) to ask if they
knew anything about it. Commissioner Brodeur was excused from last
week's meetings so I had to fill him in a little. Both said they knew nothing
about it. (I have since learned that Commissioner Marks actually helped
decided which commissioners received what.)
After our conversation, Commissioner Brodeur called the county coordinator
Dr. Brian Boggs and Chairman Root joined their conversation. Then,
Commissioner Brodeur called me and told me that he learned that the
commissioners received the amounts I posted last night.
Local news sources saw my post. I spoke with the Argus Press this morning.
They were able to get the story in before press time. Then, other news outlets
picked up their story and contacted me for interviews.
I want to be completely transparent and am happy to answer any questions
you may have. Feel free to call or text me at 989-413-7342.

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF SHIAWASSEE

OUTSIDE LEGAL COUNSEL PLC

PHILIP L. ELLISON (P74117)

EX PARTE EMERGENCY MOTION FOR EXPEDITED ENTRY OF

made by Defendant SHIAWASSEE COUNTY BOARD OF COMMISSIONERS on or

about July 15, 2021.

public business. In preparation, members of Defendant SHIAWASSEE COUNTY BOARD

OF COMMISSIONERS received an agenda. A copy of said agenda is attached as Exhibit

in limits respects, under the Open Meetings Act.

On information and belief, the County of Shiawassee received substantial sums of

Relief to Families, available at https://home.treasury.gov/news/featured-stories/fact-

1319), available at https://lamb.house.gov/sites/lamb.house.gov/files/Draft%20v4

At approximately 5:30p.m. on July 15, 2021, Defendant SHIAWASSEE COUNTY

Commissioners. According to now publicly-made accounts of the “closed session,”

the millions of dollars in funding received by Defendant SHIAWASSEE COUNTY BOARD

OF COMMISSIONERS pursuant to American Rescue Plan Act of 2021. On information

agenda items, she protested that Defendant SHIAWASSEE COUNTY BOARD OF

COMMISSIONERS should not be in closed session for such deliberations. Exhibit C.

(noting times on last page). According to a public report by Commissioner Webster 1, it

was deliberated and presented—in closed session—that an average of $2,148.00 per

Defendant SHIAWASSEE COUNTY BOARD OF COMMISSIONERS pursuant to

American Rescue Plan Act of 2021.

Just after 6:00p.m. (Exhibit B), Defendant SHIAWASSEE COUNTY BOARD OF

Defendant SHIAWASSEE COUNTY BOARD OF COMMISSIONERS undertook further

BOARD OF COMMISSIONERS were going to be distributed as it relates to “COVID

effectuated. See https://youtu.be/W3YpPz2axeg. Upon return, County Administrator

commission, commission, or subcommittee. Yet, the motion passed by unanimous vote.

which distributed funds as follows:

a. Top county officials like Defendant JEREMY R. ROOT, Sheriff Brian

b. Other county officials like Undersheriff Corey Carson, Register of Deeds

c. Defendant JOHN B. PLOWMAN, Defendant BRANDON MARKS, and

d. Gabrielle Reynolds, Derek Burton, Jodi L. Defrenn, Casey D. Elliott, Nicole

e. Many others received $2,500, and $1,000 each.

Compl. The motion now follows.

OPEN MEETINGS ACT STATUTE

government, and is to be interpreted so as to accomplish this goal. Wexford County

The purpose of the OMA is to promote governmental accountability by facilitating public

applicability of an exemption. Id.

meaning of the OMA.

public suffered a substantial loss. And by whomever at Shiawassee County is reallocating

667; 578 NW2d 704 (1998). Invalidation is warranted.

WHEREFORE, this Court is requested, pursuant to MCL 15.270(2), to immediately

enter an order against Defendant SHIAWASSEE COUNTY BOARD OF

SHIAWASSEE COUNTY BOARD OF COMMISSIONERS on or about July 15, 2021 as

to the following individuals:

1. Commissioner Jeremy R. Root ($25,000)

OUTSIDE LEGAL COUNSEL PLC

ORDER ISSUED UPON

PRESENT: Hon. __________________________________, Circuit Court Judge

TO: SHIAWASSEE COUNTY BOARD OF COMMISSIONERS—you are hereby

A proof of service shall be filed with the Court.

Date: _________________ _____________________________________

CALL TO ORDER: Chairman Root

Public Safety & Courts Committee: Chair: Brodeur

Health & Human Services Committee: Chair: Garber

Committee of the Whole: Chair: Marks

CHAIRPERSON: Chair: Root

COORDINATOR: Dr. Boggs

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD - Limited to 3

The following resolution was made by _________________________ and seconded by _________________________:

UNITED STATES OF AMERICA

INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP

Date: _ _____________________

The following resolution was made by _ and seconded by _:

Dated: ______________________