EXECUTIVE ORDER No. 2009 - 20

AMENDMENT OF EXECUTIVE ORDER 2009-5
DEPARTMENT OF CORRECTIONS
EXECUTIVE REORGANIZATION

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 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, amending Executive Order 2009-5 to provide for a reduction in the number of members of the Michigan Parole and Commutation Board is in the best interests of an efficient and effective government;

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:

A.  Section II.A of Executive Order 2009-5 is amended to read as follows:

"A. The Michigan Parole and Commutation Board is established within the Department of Corrections.  Except as provided in Section II.B or II.C, the Michigan Parole and Commutation Board shall consist of 15 members appointed by the Governor.  Members of the Board shall not be within the classified state civil service.  Not less than 6 members of the Board shall be individuals who, at the time of the member's original appointment, had not previously been employed or appointed to a position in the Department of Corrections other than a position as a member of the Board or the Parole Board.".

B.  Section II.B of Executive Order 2009-5 is amended to read as follows:

"B. Of the members of the Michigan Parole and Commutation Board initially appointed by the Governor under this Order, 4 members shall be appointed for a term expiring on November 30, 2009, 4 members shall be appointed for a term expiring on November 30, 2010, 4 members shall be appointed for a term expiring on November 30, 2011, and 3 members shall be appointed for a term expiring on November 30, 2012.  After the initial appointments under this paragraph, members of the Board shall be appointed for a term of 4 years.  After September 30, 2012 and before November 30, 2015, if the Board consists of more than 10 members, a vacancy on the Board occurring other than by expiration of a term shall not be filled and the Board shall consist of 1 less member for each vacancy not filled.  Effective December 1, 2015, the Board shall consist of 10 members.  For terms of office beginning on December 1, 2015, the Governor shall appoint only the number of Board members necessary to assure that the Board consists of 10 members.".

C.  Section II.C of Executive Order 2009-5 is amended to read as follows:

"C. Except as provided in Section II.B, a member of the Michigan Parole and Commutation Board shall continue to serve until a successor is appointed and qualified.  Except as provided in Section II.B, a vacancy on the Board 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.".

Consistent with the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective 60 calendar days after the filing of this Order.

Given under my hand and the Great Seal of the State of Michigan this 3rd day of April, in the year of our Lord, two thousand nine.
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JENNIFER M. GRANHOLM
GOVERNOR
BY THE GOVERNOR:
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Secretary of State