EXECUTIVE ORDER No. 2007 - 39

ACTIVATION OF NATIONAL GUARD TO LUCE COUNTY

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 12 of Article V of the Michigan Constitution of 1963 the Governor is the Commander-in-Chief of the state armed forces and may call them out to execute the laws;

WHEREAS, Section 151 of the Michigan Military Act, 1967 PA 150, MCL 32.551, authorizes the Governor to order to active state service any members of the organized militia for service in aid of civil authority in times of public danger, disaster, crisis, catastrophe, or other public emergency within this state;

WHEREAS, by Executive Order 2007-38, the Governor declared a state of emergency in Luce County due to a wildland fire that had consumed over 16,000 acres of land, causing severe damage and loss of property;

WHEREAS, the wildland fire continues to grow due to exceptionally dry and hot weather conditions and shifting wind patterns, and has thus far consumed more than 19,000 acres of land in Luce County;

WHEREAS, additional assistance is needed to supplement existing firefighting capabilities to lessen or avert the threat of a catastrophe, and to protect and preserve the lives and property, and public health and safety in Luce County;

WHEREAS, by Executive Order 2007-38, the Governor ordered, consistent with the Michigan Emergency Plan, that the Director of the Department of State Police, or his or her designee within the Department of State Police, coordinate and maximize all state efforts to assist political subdivisions and officials in Luce County and authority to call upon all state departments and agencies to utilize available resources, including, but not limited to:  man-power, supplies, equipment, materials, or facilities, to assist with response to the state of emergency;

NOW, THEREFORE, I, JOHN D. CHERRY, JR., Lieutenant 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:

1. THE ADJUTANT GENERAL is directed to order to active state service, units and individuals of the Michigan National Guard which in his discretion he deems appropriate to meet general mission assignments as determined by the Director of the Department of State Police, or his or her designee within the Department of State Police.

2. The Director of the Department of State Police, or his or her designee within the Department of State Police shall coordinate and maximize all state efforts, including such units and individuals of the Michigan National Guard which may be activated to state service, to assist Luce County and other units of government affected pursuant to the Michigan Emergency Management Plan.

3. The Michigan National Guard is activated until such time as determined by the Adjutant General after consultation with the Director of the Department of State Police, or his or her designee within the Department of State Police.   

This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 9th day of August, in the year of our Lord, two thousand and seven.

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JOHN D. CHERRY, JR.
LIEUTENANT GOVERNOR AND ACTING GOVERNOR

BY THE LIEUTENANT GOVERNOR:
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SECRETARY OF STATE