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EXECUTIVE ORDER 2001 - 10
MICHIGAN VETER ANS ' MEMORIAL P ARK COMMI SS ION DE P ARTMEN T OF MILITA RY AND VETER ANS AFF AIRS DE P ARTMEN T OF MANAGEMEN T AND BUD GET
EXECUTIVE RE ORGANIZATIO N
WHE REAS, Art icle V, Section 1, of th e Constitut ion of th e stat e of Michigan of 1963 vests th e execut ive power in th e Govern or; an d
WHE REAS, Art icle V, Section 2, of th e Constitut ion of th e Stat e of Michigan of 1963 empowers th e Govern or to mak e chan ges in th e organ izat ion of th e Execut ive Bran ch or in th e assignm ent of fun ct ions am ong it s un it s which he con siders necess ar y for efficient administrat ion; an d
WHE REAS, th e citizens of th is stat e ar e for ever indebted to th ose men an d women who ha ve loyally served in our nat ion's arm ed for ces; an d
WHE REAS, th e Michigan Veteran s' Memorial Park Comm ission was esta blished by Execut ive Order 1992 -11 with in th e Dep artm ent of Militar y an d Veteran s Affa ir s; an d
WHE REAS, th e veteran s memorial park was esta blished with in th e City of Lan sing by Section 5a of Act No. 234 of 1988 , as am ended , being Section 35.1055 a of th e Michigan Compiled Laws; an d
WHE REAS, it is necess ar y to creat e a new Michigan Veteran s' Memorial Park Comm ission to oversee th e com pleted Michigan Vietnam Memorial Monum ent an d th e veteran s memorial park ; an d
WHE REAS, th e pur poses an d fun ct ions of th e curr ent Veteran s' Memorial Park Comm ission ha ve evolved since th e Comm ission's creat ion in 1992 ; an d
WHE REAS, th e powers, fun ct ions, dut ies an d resp onsibili ties assigned to th e curr ent Michigan Veteran s' Memorial Park Comm ission can be more effectively carr ied out by a new Michigan Veteran s' Memorial Park Comm ission; an d
WHE REAS, it is necess ar y in th e int erests of efficient administrat ion an d effectiveness of governm ent to effect chan ges in th e organ izat ion of th e Execut ive Bran ch of governm ent .
NOW, THE REF ORE, I, J ohn En gler, Govern or of th e stat e of Michigan , pur suant to th e powers vested in me by th e Constitut ion of th e stat e of Michigan of 1963 an d th e laws of th e stat e of Michigan , do hereby order th e followin g:
I. DEF INITIO NS
A. "Comm ission" mean s th e Michigan Veteran s' Memorial Park Comm ission esta blished by th is Execut ive Order.
B. "Dep artm ent of Mana gement an d Budget" mean s th e principal dep artm ent of stat e governm ent creat ed by Section 121 of Act No. 431 of th e Pu blic Act s of 1984 , being Section 18.1121 of th e Michigan Compiled Laws.
C. "Dep artm ent of Militar y an d Veteran s Affa irs" mean s th e principal dep artm ent of stat e governm ent creat ed as th e Dep artm ent of Militar y Affa irs by Section 125 of Act No. 380 of th e Pu blic Acts of 1965 , being Section 16.225 of th e Michigan Complied Laws an d renam ed th e Dep artm ent of Militar y an d Veteran s Affa ir s by Execut ive Order 1997 -7, being Section 32.91 of th e Michigan Compiled Laws.
D. "Vet eran s memorial park " mean s th e 2.5-acre par cel of lan d esta blished an d legally des cribed by Section 5a of Act No. 234 of th e Pu blic Act s of 1988 , as am ended , being Section 35.1055 a of th e Michigan Compiled Laws.
II. ES TABLISH MEN T OF THE MICHIGAN VETER ANS ' MEMORIAL P ARK COMMI SS ION
A. A new Michigan Veteran s' Memorial Park Comm ission is hereby creat ed as a Type II ent ity with in th e Dep artm ent of Mana gement an d Budget.
B. All th e statut ory auth ority, powers, dut ies, fun ct ions an d resp onsibili ties of th e curr ent Michigan Veteran s' Memorial Park Comm ission, including, but not limited to, th e statut ory auth ority, powers, dut ies, fun ctions an d resp onsibili ties set forth in:
1. Execut ive Order 1992 -11 (creat ing th e Michigan Veteran s' Memorial Park Comm ission; an d,)
2. Execut ive Order 1992 -12, being Section 35.1081 of th e Michigan Compiled Laws (tran sferr ing auth ority over th e Michigan Veteran s' Memorial Park an d th e dut ies of th e Michigan Capitol Park Comm ission relat ed to th e Michigan Veteran s' Memorial Park from th e Michigan Capitol Park Comm ission to th e Michigan Veteran s' Memorial Park Comm ission ;)
are hereby transferred from the existing Michigan Veterans' Memorial Park Commission located within the Department of Military and Veterans Affairs to the new Michigan Veterans' Memorial Park Commission located within the Department of Management and Budget by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
C. The Comm ission sha ll con sist of seven (7) members:
· Five members of th e genera l public appoint ed by th e Govern or;
· The Director of th e Dep artm ent of Militar y an d Veteran s Affa irs who is th e Adjutant Genera l of stat e of Michigan , or th e des ignee of th e Director /Adjutant Genera l; an d
· The Director of th e Dep artm ent of Mana gement an d Budget, or th e des ignee of th e Director of th e Dep artm ent of Mana gement an d Budget.
D. The members of th e Comm ission appoint ed by th e Govern or sha ll serve a term of thr ee (3) year s, except that , of th e members first appoint ed, two (2) members sha ll be appoint ed for a term of thr ee (3) year s, two (2) members sha ll be appoint ed for a term of two
(2) year s, an d one (1) member sha ll be appoint ed for a term of one (1) year .
E. Any vacan cy on th e comm ission sha ll be fille d in th e sam e mann er as th e origina l appointm ent .
F. A person appoint ed to fill a vacan cy creat ed oth er than by expirat ion of a term sha ll be appoint ed for th e un expired term of th e member who he or she is to su cceed in th e sam e mann er as th e origina l appointm ent . A member ma y be reappoint ed for additiona l term s.
III. CHARGE TO THE COMMI SS ION
The Comm ission sha ll assist th e Dep artm ent of Mana gement an d Budget with th e followin g fun ct ions pur suant to th e applicable law:
A. The Comm ission sha ll advise th e Dep artm ent of Mana gement an d Budget on th e development , mana gement an d ma int enan ce of th e Michigan Veteran s' Memorial Park .
B. The Comm ission sha ll advise th e Dep artm ent an d work with organ izat ions on th e operat ion of program s, exclusive to th e Michigan Veteran s' Memorial Park .
C. The Comm ission sha ll advise th e stat e police regar ding th e provisions of police an d secur ity services for th e Michigan Veteran s' Memorial Park an d th e en for cement of ru les for th e car e an d prese rvat ion of th e park .
D. The Comm ission sha ll coordinat e with th e City of Lan sing regar ding stat e activities or development of th e Michigan Veteran s' Memorial Park a ffect ing city operat ions.
E. The Comm ission sha ll annua lly report to th e Govern or an d th e Legisl atur e on th e activities of th e Comm ission.
IV. OP ER ATIO NS OF THE COMMI SS ION
A. The Govern or sha ll des ignat e one (1) member of th e Comm ission to serve as cha irperson. This member sha ll serve as Cha ir at th e pleasur e of th e Govern or.
B. The Comm ission ma y promu lgat e bylaws, not in con sistent with law an d with th is Order, govern ing it s organ izat ion, operat ion an d pr oced ur e.
C. A ma jority of th e serving members con st itut es a quorum for th e tran saction of business at a meeting. The Comm ission sha ll act by a ma jority vote of it s serving members.
D. The Comm ission sha ll meet at th e call of th e cha irperson an d as ma y be provided in th e bylaws of th e Comm ission. Meetings of th e Comm ission ma y be held at an y locat ion with in th e stat e of Michigan . The Comm ission sha ll meet at least semi-annua lly.
E. The Comm ission ma y, as appropriat e, mak e inquiries, stu dies, investigat ions, hold hear ings, an d receive comm ent s from th e public. The Comm ission ma y con sult with out side expe rt s in order to per form it s dut ies.
F. The Comm ission ma y esta blish one or more subcomm itt ees con sisting of Comm ission members to investigat e an d ana lyze specific issues, con sistent with th e char ge to th e Comm ission conta ined in Section III of th is order. The cha ir of th e Comm ission, or a member of th e Comm ission des ignat ed by th e cha ir , sha ll cha ir each subcomm itt ee esta blished by th e Comm ission. Subcomm itt ees sha ll recomm end proposed actions, plan s, comm ent s, formu las, measur es, report s or policies to th e Comm ission, con sistent with th e Comm ission’s char ge. The Comm ission ma y adopt, reject or modify recomm endat ions proposed by subcomm itt ees.
G. Members of th e Comm ission sha ll serve with out com pensat ion. Members of th e Comm ission ma y receive reimbur sement for necess ar y tra vel an d expe nses a ccor ding to relevant statut es, ru les an d pr oced ur es of th e Dep artm ent of Mana gement an d Budget an d th e Civil Service Comm ission.
H. The Dep artm ent of Mana gement an d Budget ma y hire or reta in such contra ctors, sub-contra ctors, advisors, con sultant s an d agent s, an d ma y mak e an d ent er int o contra cts necess ar y or incidenta l to th e exercise of th e per forman ce of th e Comm ission’s dut ies, as th e Dep artm ent Director deems appropriat e. Such pr ocur ement s sha ll be in a ccor dan ce with th e relevant statut es, ru les an d pr oced ur es of th e Dep artm ent of Mana gement an d Budget an d th e Civil Service Comm ission.
I. The Comm ission ma y apply for , receive an d expe nd monies from an y sour ce, public or privat e, including but not limited to, gifts, grant s, donat ions of monies an d governm ent appropriat ions. The Comm ission ma y also a ccep t donat ions of labor, services, or oth er th ings of value from an y public or privat e agency or person. Individua l members of th e Comm ission sha ll fully com ply with th e provisions of th e Act No. 196 of th e Pu blic Act s of 1973 , as am ended , being Section 15.341 et seq. of th e Michigan Compiled Laws, govern ing th e stan dar ds of con duct for public officer s an d employees of th e stat e of Michigan .
J . Members of th e Comm ission sha ll refer all legal, legislat ive an d media issues to th e Dep artm ent of Mana gement an d Budget.
K. The Comm ission sha ll be sta ffed by personn el with in th e Dep artm ent of Mana gement an d Budget as des ignat ed by th e Director.
V. MISCELLANE OUS
A. All dep artm ent s, comm itt ees, comm issioners or officer s of th e stat e or of an y political subdivisi on th ereof sha ll give to th e Comm ission, or to an y member or represe ntat ive th ereof, an y necess ar y assistan ce required by th e Comm ission, or an y member of represe ntat ive th ereof, in th e per forman ce of th e dut ies of th e Comm ission so far as is com pat ible with it s, his or her dut ies; free a ccess sha ll also be given to an y books , recor ds or docum ent s in it s, his or her custody, relat ing to matt ers with in th e scope of inquiry, stu dy or investigat ion of th e Comm ission.
B. The invalidity of an y port ion of th is Order sha ll not a ffect th e validity of th e rema inder th ereof.
C. The Michigan Veteran s' Park Comm ission, esta blished with th e Dep artm ent of Militar y an d Veteran s Affa ir s by Execut ive Order 1992 -11, is hereby abolished.
In fulfillment of th e requirement of Art icle V, Section 2, of th e Constitut ion of th e stat e of Michigan of 1963 , th e provisions of th is Execut ive Order sha ll becom e effect ive 60 days after th e filing of th is order.
Given un der my han d an d th e Great Seal of th e Stat e of Michigan th is day of November, in th e Year of our Lord, Two Thousan d One.
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GOVERNOR
BY THE GOVERNOR:
SECRETARY OF STATE
