EXECUTIVE ORDER

2002 - 7

CHILD SUPPORT COORDINATING COUNCIL

MICHIGAN CHILD SUPPORT LEADERSHIP COUNCIL

EXECUTIVE REORGANIZATION

WHEREAS, the family constitutes the basic unit of society, children represent the future of our state and society, and government policies should encourage and recognize the involvement and contributions of both parents in the successful upbringing of their children; and

WHEREAS, the payment of child support contributes to family self-sufficiency, fosters responsible behavior toward and by children, and sends a powerful message to children about the support of both parents; and

WHEREAS, the benefits of establishing paternity and the involvement of both parents include a sense of identity, financial support, social security, insurance, inheritance rights, and access to important family medical history; and

WHEREAS, the child support enforcement program in Michigan is operated through a partnership of the state and counties, the success of which relies on the contributions and efforts of all branches of government.

NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following, concurrent with the Michigan Supreme Court Administrative Order issued on this date:

I. DEFINITIONS

A. "Council" means the Michigan Child Support Leadership Council established by this Executive Order.

B. "Child Support Coordinating Council" means the council established by Executive Order 1997-17.

C. "Family Independence Agency" means the principal department of state government created by Section 1 of Act No. 280 of the Public Acts of 1939, as amended, being Section 400.1 of the Michigan Compiled Laws.

D. "State Court Administrative Office" means the office established by the Michigan Supreme Court to perform administrative duties as assigned by the court pursuant to Article VI, Section 3, of the Constitution of the state of Michigan of 1963.

II. Establishment of the CHILD SUPPORT LEADERSHIP COUNCIL

A. The Michigan Child Support Leadership Council is hereby established as an advisory body to the Executive Office of the Governor and the Michigan Supreme Court.

B. The council shall consist of nine (9) members:

1. Four (4) appointed by the Governor;

2. Four (4) appointed by the Chief Justice; and,

3. One (1) appointed jointly by the Governor and Chief Justice from a list of three (3) nominees submitted by the Prosecuting Attorneys Association of Michigan.

C. Except as otherwise provided in this subsection, appointees shall hold office for a term of two (2) years. However, of the appointees initially appointed, the Governor shall designate two (2) of the Governor's appointees to serve a term of one (1) year, and the Chief Justice shall designate two (2) of the Chief Justice's appointees to serve a term of one (1) year.

D. A vacancy on the council caused by the expiration of a term or other cause of termination of membership on the council shall be filled in the same manner as the original appointment.

E. An appointee appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the appointee who he or she is to succeed in the same manner as the original appointment. An appointee may be reappointed for additional terms.

III. Charge to the Council

The council shall be advisory in nature and shall assist the Governor and the Michigan Supreme Court with the following functions:

A. The council shall develop recommendations for statewide program goals and objectives for the child support program for submission to the Governor and the Chief Justice as follows:

1. Each year the council shall submit recommendations for annual statewide goals and objectives, as well as strategies to accomplish those goals and objectives, to the Governor and Chief Justice. Copies of the recommendations shall also be provided to the Director of the Family Independence Agency and the State Court Administrator. The Governor and Chief Justice, within sixty (60) days, may amend the recommendations and approve them or approve them as submitted.

2. The council shall submit an interim report on its recommendations to the Governor and Chief Justice by September 30, 2002. Thereafter, the Council shall submit annual reports on its recommendations to the Governor and Chief Justice by December 31^st each year, beginning in December 2002. The annual reports shall include a summary of issues reviewed by the Council for the calendar year for which the report is issued.

B. The council shall continuously provide reviews of and comments on child support program policies and procedures to the Family Independence Agency and the State Court Administrative Office.

C. The council shall regularly analyze and recommend state positions on pending and proposed changes in court rules and federal and state legislation to the Family Independence Agency and the State Court Administrative Office.

IV. OPERATIONS OF THE COUNCIL

A. The Governor and the Chief Justice shall each designate a member of the council to serve as co-chairperson of the council who shall share the powers of directing the council equally. The co-chairpersons shall serve as co-chairpersons at the pleasure of the Governor and the Chief Justice respectively.

B. The council may adopt procedures, not inconsistent with law and with this Order, governing its organization, operation and procedure.

C. Members of the council shall not delegate their responsibilities to other persons. A majority of the serving members constitutes a quorum for the transaction of business at a meeting. The council shall act by a majority vote of its serving members.

D. The council shall meet at least quarterly and at the call of the

co-chairpersons as may be provided in the procedures of the council. Meetings of the council may be held at any location within the state of Michigan.

E. In developing recommendations, the council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The council may consult with outside experts in order to perform its duties.

F. Policy changes in federal or state laws or court rules shall be presented to the council by the Office of Child Support (federal or state law change), the State Court Administrative Office (state law or court rule change), or be submitted to either co-chairperson from other sources. The council shall develop a format for presentation and discussion of issues, which shall include an opportunity for issues to be raised through information sharing during regular meetings or to be placed on the agenda through either co-chairperson.

G. If the council cannot reach agreement on an issue requiring its recommendation, the alternative positions shall be documented in writing for consideration by the Governor and Chief Justice.

H. Members of the council shall serve without compensation. Members of the council may receive reimbursement for necessary travel and expenses according to relevant statutes, rules and procedures of the Department of Management and Budget, the Civil Service Commission, and the State Court Administrative Office.

I. Members of the council shall refer all legal, legislative and media contacts to the Executive Office of the Governor and the Michigan Supreme Court.

J. The council shall be staffed by personnel within the Executive Office of the Governor, the Michigan Supreme Court, the Family Independence Agency and the State Court Administrative Office.

K. All departments, committees, commissioners or officers of the state or of any political subdivision thereof shall give to the council, or to any member or representative thereof, any necessary assistance required by the council, or any member of representative thereof, 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.

V. MISCELLANEOUS

A. Any suit, action or other proceeding lawfully commenced by, against or before any entity effected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

B. Executive Order 1997-17, creating the Child Support Coordinating Council, is hereby rescinded in its entirety as of the effective date of this order. The Child Support Coordinating Council created by Executive Order 1997-17 is hereby abolished as of the effective date of this Order.

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

The provisions of this Executive Order shall become effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 11^th day of April, in the Year of our Lord, Two Thousand Two.

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GOVERNOR

BY THE GOVERNOR:

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SECRETARY OF STATE