EXECUTIVE ORDER No. 2007-47

ESTABLISHING THE MICHIGAN INTELLIGENCE OPERATIONS CENTER FOR HOMELAND SECURITY
DEPARTMENT OF STATE POLICE

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, it is the responsibility of the Governor to take care that the laws be faithfully executed;

WHEREAS, the persons, houses, papers, and possessions of every person in Michigan are guaranteed to be secure from unreasonable searches and seizures under Section 11 of Article I of the Michigan Constitution of 1963, and no warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation;

WHEREAS, the State of Michigan has a continuing obligation to take appropriate steps to protect the safety and security of Michigan residents;

WHEREAS, one of the most serious challenges affecting homeland security is the timely exchange of intelligence and other critical information by and among federal, state, and local law enforcement agencies;

WHEREAS, accurate and timely intelligence is a key factor in state government's ability to protect public infrastructure and Michigan residents;

WHEREAS, the creation of a homeland security intelligence fusion center in Michigan will enable the United States Department of Homeland Security to distribute critical information and intelligence to a single point of contact in this state, enabling dissemination to law enforcement agencies that can utilize the information to better protect Michigan residents;

WHEREAS, the purpose of a homeland security intelligence fusion center will be to collect, evaluate, collate, analyze, and disseminate information to support federal, state, and local law enforcement agencies in detecting, preventing, and responding to criminal and terrorist activity while protecting the political and civil rights of Michigan residents;

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. "Advisory Board" means the Advisory Board for the Michigan Intelligence Operations Center for Homeland Security created within the Department of State Police under Section III of this Order.

B. "Center" means the Michigan Intelligence Operations Center for Homeland Security created within the Department of State Police under Section II of this Order.

C. "Department of State Police" or "Department" means the principal department of state government created under Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250.

II. CREATION OF THE MICHIGAN INTELLIGENCE OPERATIONS CENTER FOR HOMELAND SECURITY

A. The Michigan Intelligence Operations Center for Homeland Security is created within the Department of State Police.

B. The authority, powers, duties, and functions of the Center, including, but not limited to, budgeting, procurement, and related management functions, shall be performed under the direction and supervision of the Director of the Department.  The Director of the Department shall direct and supervise the operation of the Center and shall be responsible for developing and implementing the management and operational policies of the Center.

C. Information and intelligence provided to the Center shall be collected, evaluated, collated, analyzed, and disseminated under applicable federal and state laws and regulations.

D. The Center shall comply with any applicable laws, including, but not limited to, 1980 PA 201, MCL 752.1 to 752.6, and the C.J.I.S. Policy Council Act, 1974 PA 163, MCL 28.211 to 28.216.

E. The Department, after consultation with the Advisory Board, shall develop and publish a privacy policy for information and intelligence in the possession of the Center that is designed to protect the political and civil rights of Michigan residents consistent with applicable state and federal law, including, but not limited to, laws and regulations relating to privacy and public access to government information.  The privacy policy shall preserve the integrity and effectiveness of law enforcement responsibilities and functions while also assuring that Michigan residents remain protected from the inappropriate use or release of private information.

III. CREATION OF THE ADVISORY BOARD FOR THE MICHIGAN INTELLIGENCE OPERATIONS CENTER FOR HOMELAND SECURITY

A. The Advisory Board for the Michigan Intelligence Operations Center for Homeland Security is created as an advisory body within the Department of State Police.

B. The Advisory Board shall consist of the following 15 members:

1. The Director of the Department of State Police.

2. The Adjutant General or his or her designee from within the Department of Military and Veterans Affairs.

3. The Director of the Department of Civil Rights or his or her designee from within the Department of Civil Rights or from the Civil Rights Commission.

4. The Director of the Department of Corrections or his or her designee from within the Department of Corrections.

5. The following members appointed by the Governor:

a. An individual representing local police departments in Michigan or the Michigan Association of Chiefs of Police.

b. An individual representing local sheriff's departments in Michigan or the Michigan Sheriffs' Association.

c. An individual representing the office of a county prosecuting attorney or the Prosecuting Attorneys Association of Michigan.

d. Five Michigan residents representing federal homeland security or law enforcement agencies, such as the United States Department of Homeland Security, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Attorney's Office for the Eastern District of Michigan, or the United States Attorney's Office for the Western District of Michigan.

e. Three other residents of this state.

C. Of the members of the Advisory Board initially appointed by the Governor under Section III.B.5, 3 members shall be appointed for terms expiring on November 30, 2008, 3 members shall be appointed for terms expiring on November 30, 2009, 3 members shall be appointed for terms expiring on November 30, 2010, and 2 members shall be appointed for terms expiring on November 30, 2011.  After the initial appointments, members of the Advisory Board appointed by the Governor under Section III.B.5 shall be appointed for terms of 4 years.  A vacancy caused other than by expiration of a term shall be filled in the same manner as the original appointment for the remainder of the term.

D. The Director of the Department shall serve as the Chairperson of the Advisory Board.  The Advisory Board shall annually elect a member of the Advisory Board to serve as Vice-Chairperson of the Advisory Board.

E. The Advisory Board shall be staffed and assisted by personnel from the Department, as directed by the Director of the Department.  The budgeting, procurement, and related management functions of the Advisory Board shall be performed under the direction and supervision of the Director of the Department.

F. The Advisory Board shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.  The Advisory Board shall recommend a privacy policy and management policies and procedures for the Center to comply any applicable laws, including, but not limited to, 1980 PA 201, MCL 752.1 to 752.6, and the C.J.I.S. Policy Council Act, 1974 PA 163, MCL 28.211 to 28.216.

G. A majority of the members of the Advisory Board serving constitutes a quorum for the transaction of the Advisory Board's business.  The Advisory Board shall act by a majority vote of its serving members.

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

I. The Advisory Board may establish advisory workgroups composed of representatives of law enforcement agencies participating in Center activities, other law enforcement or public safety agencies, and other public participation as the Advisory Board deems necessary to assist the Advisory Board in its duties and responsibilities.  The Advisory Board may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

J. The Advisory Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public.  The Advisory Board 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.

K. Members of the Advisory Board shall serve without compensation. Members of the Advisory Board 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 Management and Budget, subject to available funding.

L. The Advisory Board 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 Advisory Board 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.

M. The Advisory Board may accept donations of labor, services, or other things of value from any public or private agency or person.

N. Members of the Advisory Board shall refer all legal, legislative, and media contacts to the Department.

IV. MISCELLANEOUS

A. State departments and agencies shall actively cooperate with the Center and Advisory Board in the performance of their duties and responsibilities under this Order.

B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order.  Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion.  Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

D. This Order is effective upon filing.
 
Given under my hand and the Great Seal of the State of Michigan this 20th day of December, in the year of our Lord, two thousand seven.

__________________________________________
JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
__________________________________________
Secretary of State