5 EXECUTIVE ORDERS  

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    EXECUTIVE ORDER No. 2012 - 11

     

    AUTISM COUNCIL

    MICHIGAN DEPARTMENT OF COMMUNITY HEALTH

     

     

    WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

     

    WHEREAS, the state of Michigan recognizes that the goals of maximizing the potential for children and adults with autism spectrum disorders are the same as those for other children and adults: personal independence and social responsibility; and

    WHEREAS, it is important that the state of Michigan encourage early identification of children with autism spectrum disorders in order to provide early intervention services for children to achieve optimal participation in their home, school, and community; and

    WHEREAS, effective coordination of federal, state, and local resources is needed to provide screening, diagnosis, early intensive behavior intervention, and evidence-based treatment for children and adults with autism spectrum disorders to assist all individuals with autism spectrum disorders to reach their fullest potential; and

    WHEREAS, establishment of the Autism Council within the Michigan Department of Community Health will advise and assist in the development of a statewide comprehensive, coordinated, multidisciplinary, interagency system; and provide implementation, monitoring, and updating of the Michigan Autism Spectrum Disorders State Plan to ensure that the key recommendations in the document become reality for individuals with autism spectrum disorders and their families throughout Michigan;

    NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

    I.                   DEFINITIONS

    A.                “ASD” means autism spectrum disorders.

    B.                 “Council” means the Autism Council created within the Michigan Department of Community Health by this Order.

    C.                 “Department” means the Department of Community Health.

    II.                CREATION OF THE AUTISM COUNCIL

    A.                The Autism Council is created as an advisory body within the Michigan Department of Community Health.

    B.                 The Autism Council shall be composed of 12 members appointed by the Governor.  Of the members initially appointed, 4 members shall be appointed for terms expiring on September 30,

     

     

    2014; 4 members shall be appointed for terms expiring on September 30, 2015; and 4 members shall be appointed for terms expiring on September 30, 2016.  After the initial appointments, members of the council shall be appointed to 4-year terms.

    C.                 The Autism Council consists of the following members:

     

    ·         The director of the Department of Community Health, or his or her designee, from within the Department of Community Health.

    ·         The director of the Department of Human Services, or his or her designee, from within the Department of Human Services.

    ·         The director of the Licensing and Regulatory Affairs, or his or her designee, from within the Department of Licensing and Regulatory Affairs.

    ·         The superintendent of the Department of Education, or his or her designee, from within the Department of Education.

    ·         Two individuals, either individuals with ASD, individuals who have a family member with ASD, or one of each.

    ·         An individual representing the school systems, being someone from an intermediate school district, local school district or transition coordinator.

    ·         An individual representing adult service agencies and/or providers from a pre- paid inpatient health plan (PIHP) or local community mental health service program (CMHSP).

    ·         An individual representing state funded initiatives.

    ·         An individual representing a state university.

    ·         An individual representing a medical center, service center, or health care provider.

    ·         An individual representing a non-profit organization serving those with ASD.

    D.                A vacancy on the council occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

    III.             CHARGE TO THE COUNCIL

    A.                The council shall act in an advisory capacity and shall do all of the following:

    1.                  Review and adopt the Michigan Autism Spectrum Disorder (ASD) State Plan.

    2.                  Implement, monitor, and update the Michigan ASD state plan.  The plan shall do the following:

    Provide for comprehensive, lifespan supports to individuals with ASD and their families through access to information and resources, coordination of services, and implementation of evidence based practices.

    3.                  Annually update the plan adopted under Section III. A. 1. and submit the updated plan to the Governor and the Department not later than 60 days after the close of each fiscal year.

    4.                  Advise the Governor and the Department on the development and establishment of the state plan.

     

     

    B.                 As directed by the Director of the Department, Department staff shall assist the council with the preparation of grant and other funding applications submitted to public and private funding sources, and assist the council with the establishment of policies and procedures regarding the use of grant and other funds.

    C.                 The council shall provide other information or advice as directed by the Governor or the Department.

    IV.             OPERATIONS OF THE COUNCIL

    A.                The council shall be staffed and assisted by personnel from the Department as directed by the Governor or the Department. Any budgeting, procurement, and related management functions of the council shall be performed under the direction and supervision of the Director of the Department.

    B.                 The Governor shall designate the Chairperson of the council.

    C.                 The council may select from among its members a Vice-Chairperson.

    D.                The council shall select from among its members a Secretary.  Council staff shall assist the Secretary with recordkeeping responsibilities.

    E.                 The council may create sub-advisory groups to assist the council in policy making recommendations.

    F.                  A majority of the members of the council serving constitutes a quorum for the transaction of the council’s business.  The council shall act by a majority vote of its serving members.

    G.                The council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations, and may establish committees and request public participation on advisory panels as the council deems necessary.  The Council also may adopt, reject, or modify any recommendations proposed by committees or advisory panels.

    H.                The council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the council.

    I.                   In developing recommendations, the council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The council also may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

    J.                   Members of the council shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.

    K.                The council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the council and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

     

     

    L.                 The council may accept donations of labor, services, or other things of value from any public or private agency or person.  Any donations shall be expended in accordance with applicable laws, rules, and procedures.

    M.               Members of the council shall refer all legal, legislative, and media contacts to the Department.

    V.                MISCELLANEOUS

    A.                All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the council, or to any member or representative of the council, any necessary assistance required by the council, or any member or representative of the council, in the performance of the duties of the council so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the council.

    B.                 Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order

    C.                 The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

    This Executive Order shall become effective upon filing.

     

    Given under my hand and the Great Seal of the state of Michigan this                day of

                  , in the Year of our Lord Two Thousand Twelve.

     

     

     

    RICHARD D. SNYDER

    GOVERNOR

     

     

     

    BY THE GOVERNOR:

     

     

     

    SECRETARY OF STATE

     

     

     

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