EXECUTIVE ORDER No. 2007-48

MICHIGAN REHABILITATION COUNCIL
DEPARTMENT OF LABOR AND ECONOMIC GROWTH

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, Section 8 of Article V of the Michigan Constitution of 1963 provides that the Governor shall take care that the laws be faithfully executed;

WHEREAS, many Michigan residents have one or more physical or mental disabilities and persons with disabilities are an important part of Michigan's workforce;

WHEREAS, physical and mental disabilities are a natural part of the human experience and in no way diminish the right of an individual with a disability to live independently, enjoy self-determination, make choices, contribute to society, pursue meaningful careers, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of our society;

WHEREAS, the State of Michigan shares the goals of the federal government of providing individuals with disabilities with the tools necessary to make informed choices and decisions and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency;

WHEREAS, when enacting the Rehabilitation Act of 1973, the Congress of the United States recognized the importance of empowering individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society, and assisting states and providers of services in fulfilling the aspirations of individuals with disabilities for meaningful and gainful employment and independent living;

WHEREAS, under Section 100 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 725, to be eligible to receive federal assistance under Sections 100 to 140 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, each state must establish a rehabilitation council;

WHEREAS, reestablishment of a state rehabilitation council previously organized under Executive Order 1994-20 is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law;

WHEREAS, reestablishment of the Michigan Statewide Rehabilitation Council will improve working relationships among state independent living rehabilitation service programs, centers for independent living, the Michigan Statewide Independent Living Council, vocational rehabilitation programs, and other federally-funded programs;

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

A. "Center for independent living" means that phrase as defined under Section 702 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796a.

B. "Council" means the Michigan Rehabilitation Council created within the Executive Office of the Governor by this Order.

C. "Council for Labor and Economic Growth" means the workforce investment board for this state created by Executive Order 2004-36, as amended by Executive Order 2006-15.

D. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order 1996-2, MCL 445.2001, and Executive Order 2003-18, MCL 445.2011.

E. "Disability" means that term as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

F. "Individual with a disability" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

G. "Individuals with disabilities" means more than one individual with a disability.

H. "Michigan Rehabilitation Services" means the bureau within the Department of Labor and Economic Growth that serves as the state general rehabilitation agency for individuals with disabilities, except those who are blind, and that is responsible for administration of the vocational rehabilitation program under the Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 to 395.90.

I. "Personal assistance services" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

II. CREATION OF MICHIGAN REHABILITATION COUNCIL

A. The Michigan Rehabilitation Council is established within the Department of Labor and Economic Growth.

B. The Council shall include the following voting members:

1. The following members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities:

a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49.

b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471.

c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 732.

d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with, vocational rehabilitation programs.  The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services.

e. One individual representing community rehabilitation program service providers.

f. Four individuals representing business, industry, or labor, including at least one individual representing the Council for Labor and Economic Growth.

g. Four individuals representing disability advocacy groups, including a cross-section of all of the following:

i. Disability advocacy groups representing individuals with physical cognitive, sensory, and mental disabilities.

ii. Disability groups representing representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves.

h. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services.

i. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grants to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies.

j. Seven other residents of this state, including, but not limited to, individuals who might also qualify for appointment under Sections II.B.1.a to II.B.1.i.

2. The Superintendent of Public Instruction, or his or her designee from within the Department of Education.

C. The Bureau Director of Michigan Rehabilitation Services shall serve as a non-voting ex officio member of the Council.

D. A majority of the members of the Council shall be individuals with disabilities and shall not be employed by Michigan Rehabilitation Services.  When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.

E. Of the members of the Council initially appointed by the Governor under Section II.B, 7 members shall be appointed for a term expiring on December 31, 2008, 7 members shall be appointed for a term expiring on December 31, 2009, and 8 members shall be appointed for a term expiring on December 31, 2010.  After the initial appointments, members shall be appointed for a term of 3 years.

F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term.  A vacancy shall not affect the power of the remaining members to exercise the duties of the Council.

G. Except for a member appointed under Section II.B.1.c or Section II.B.1.i, a member of the Council shall not serve more than two consecutive full terms.

III. CHARGE TO THE COUNCIL

A. After consulting with the Council for Labor and Economic Growth, the Council shall do all of the following:

1. Review, analyze, and advise Michigan Rehabilitation Services regarding the performance of the responsibilities of Michigan Rehabilitation Services under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following:

a. Eligibility, including order of selection.

b. The extent, scope, and effectiveness of services provided.

c. Functions performed by state departments and agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a.

2. In partnership with Michigan Rehabilitation Services, do all of the following:

a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C).

b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Section 101(a)(15)(E) of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E).

3. Advise the Department of Labor and Economic Growth and Michigan Rehabilitation Services regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a.

4. To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with, all of the following:

a. The functions performed by the Department of Labor and Economic Growth and Michigan Rehabilitation Services.

b. The vocational rehabilitation services provided by state departments and agencies and other public and private entities within this state responsible for providing vocational rehabilitation services to individuals with disabilities under Sections 2 to 803 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 701 to 797b.

c. The employment outcomes achieved by eligible individuals receiving services under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, including the availability of health and other employment benefits in connection with such employment outcomes.

5. Prepare and submit an annual report to the Governor and the United States Secretary of Education on the status of vocational rehabilitation programs operated within this state, and make the report available to the public, including on an Internet website maintained by the Department of Labor and Economic Growth.

6. To avoid duplication of efforts and enhance the number of individuals served, coordinate activities with the activities of other councils within this state, including the Michigan Statewide Independent Living Council created by Executive Order 2007-49, the Michigan Developmental Disabilities Council created under Executive Order 2006-12, the Special Education Advisory Committee created under Section 9a of 1964 PA 297, MCL 388.1009a, the Advisory Council on Mental Illness established within the Department of Community Health, and the Council for Labor and Economic Growth.

7. Provide for coordination and the establishment of working relationships between Michigan Rehabilitation Services, the Michigan Statewide Independent Living Council created by Executive Order 2007-49, and centers for independent living within this state.

8. Perform other functions, consistent with the purpose of Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, as the Council determines to be appropriate, that are comparable to the other functions performed by the Council.

9. Perform other functions related to the Council's responsibilities as requested by the Governor.

IV. OPERATIONS OF THE COUNCIL

A. The Council shall select from among the voting members of the Council a member to serve as Chairperson of the Council and may select from among the voting members of the Council other officers as the Council deems necessary.

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

C. A majority of the voting 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 the voting members of the Council serving.

D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate.

E. The Council may hold hearings and forums as the Council determines necessary to carry out the duties of the Council under this Order.

F. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.  Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.

G. The Council shall prepare, in conjunction with Michigan Rehabilitation Services, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the functions of the Council under this Order.  The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan. 

H. To the extent that there is a disagreement between the Council and Michigan Rehabilitation Services regarding the resources necessary to carry out the functions of the Council under this Order, the disagreement shall be resolved by the Governor consistent with Section IV.H.

I. The Council shall, consistent with applicable Michigan law and rules of the Civil Service Commission, supervise and evaluate staff and personnel as may be necessary to carry out the functions of the Council under this Order.

J. While assisting the Council in carrying out its duties under this Order, staff and other personnel shall not be assigned duties by Michigan Rehabilitation Services or any other state department, agency, or office that would create a conflict of interest under Michigan law.

K. Subject to applicable law, the Council may use funds allocated to the Council by Michigan Rehabilitation Services under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, except for funds appropriated to carry out the client assistance program under Section 112 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 732, and funds reserved under Section 110(c) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 730(c), to carry out Sections 120 to 124 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 744, to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties, including child care and personal assistance services, and to pay compensation to a member of the Council, if the member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.

L. 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 Council 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 Council may enter into agreements with state departments and agencies to assist the Council in the performance of its duties and responsibilities under this Order.

N. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.

O. All state departments and agencies shall cooperate with the Council in the performance of its duties and responsibilities under this Order.  The Council may request, and state departments and agencies shall provide, information and assistance as the Council requires in the performance of its duties and responsibilities under this Order.

V. MISCELLANEOUS

A. Executive Order 1994-20 is rescinded in its entirety.

B. Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. 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.

D. 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.

E. This Order is effective on Tuesday, January 15, 2008, at 12:01 a.m.
 
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 and seven.

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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:

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SECRETARY OF STATE