EXECUTIVE ORDER No.2005 - 10

ADVISORY COUNCIL ON ASIAN PACIFIC AMERICAN AFFAIRS

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

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible for taking care that the law be faithfully executed;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;

WHEREAS, the religious, ethnic, racial, and cultural diversity of the State of Michigan is one of our state’s greatest strengths;

WHEREAS, by working to build “One Michigan” the State of Michigan can help ensure that all of our people have an equal opportunity to pursue their dreams and are welcomed into our inclusive community;

WHEREAS, Michigan’s Asian Pacific American community has contributed significantly to Michigan’s culture and economy;

WHEREAS, the creation of an advisory council focused on issues of concern to Michigan’s Asian Pacific American community will advance the building of “One Michigan” and help ensure that Asian Pacific Americans are equal participants in our community and our economy;

NOW, THEREFORE, I, Jennifer M. Granholm, 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

As used in this Order:

A. “Council” means the Advisory Council on Asian Pacific American Affairs created by this Order.

B. “Department” means the Department of Civil Rights, a principal department of state government created under Section 475 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.575.

II. CREATION OF THE ADVISORY COUNCIL ON ASIAN PACIFIC AMERICAN AFFAIRS

A. The Advisory Council on Asian Pacific American Affairs is created within the Department of Civil Rights as an advisory body to the Governor and the Director of the Department.

B. The Council shall consist of 29 members appointed by the Governor.  Of the members initially appointed, 8 members shall be appointed for terms expiring on April 30, 2006; 7 members shall be appointed for terms expiring on April 30, 2007; 7 members shall be appointed for terms expiring on April 30, 2008; and 7 members shall be appointed for terms expiring on April 30, 2009.  After the initial appointments, members of the Council shall be appointed to 4-year terms.

C. In addition to the members appointed under Section II.B, the Director of the Department and the Director of the Department of Labor and Economic Growth, or their designees, shall serve as non-voting ex officio members of the Council.

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.

E. The Governor shall designate a member of the Council to serve as its Chairperson at the pleasure of the Governor.  The Governor may designate a member of the Council to serve as its Vice-Chairperson at the pleasure of the Governor.

III. CHARGE TO THE COUNCIL

A. The Council shall act in an advisory capacity to the Governor and the Director and shall do all of the following:

1. Review and advise the Governor and the Director on the state's policies concerning the Asian Pacific American community.

2. Review and advise the Governor and the Director of the nature, magnitude, and priorities of the issues facing the Asian Pacific American community.

3. Monitor, evaluate, investigate, and recommend programs for the betterment of Asian Pacific Americans in Michigan.

4. Analyze and recommend policies and programs to advance economic development within the Asian Pacific American community and related policies and programs to increase exports by Michigan companies to Asia and the Pacific.

5. Make recommendations to the Governor and the Director regarding changes in state programs, statutes, regulations, and policies, including, but not limited to, the coordination of state programs serving Asian Pacific Americans.

6.  Recommend policy and action plans to serve the needs of Asian Pacific Americans in Michigan.

7. Recognize the history, accomplishments, and contributions of Michigan’s Asian Pacific American community.

8. Make recommendations to the Governor and the Director regarding methods of overcoming discrimination against Asian Pacific Americans.

9. Promote public awareness of Asian Pacific American culture.

10. Promote equal access to state services.

11. Promote the involvement of Asian Pacific Americans in government at all levels.

B. The Council shall also provide other information or advice regarding Asian Pacific American Affairs as requested by the Governor or the Director.

C. In addition, the Council shall issue reports that address issues described in this Section III and provide recommendations at times designated by the Governor or the Director.

IV. OPERATIONS OF THE COUNCIL

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

B. The Council shall select a Secretary from among its members.  The Department shall assist the Secretary with recordkeeping responsibilities.

C. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.

D. The Council may establish committees and request public participation on advisory panels as it deems necessary.  The Council may also adopt, reject, or modify any recommendations proposed by committees or advisory panels.

E. The Council may designate members of the legislative branch or judicial branch of state government as non-voting honorary members of the Council.

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

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

H. The Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public.  The Council may also 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.

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

J. 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 deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Department of Management and Budget and the Civil Service Commission.

K. 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.

L. Members of the Council shall refer all legal, legislative, and media contacts to the Department.

V. MISCELLANEOUS

A. 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.

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

This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 4th day of May in the year of our Lord, two thousand and five.
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JENNIFER M. GRANHOLM
GOVERNOR
BY THE GOVERNOR:
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SECRETARY OF STATE