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EXECUTIVE ORDER No.2003 - 6

EXECUTIVE ORDER No.2003 - 6

ASSISTANT ADJUTANT GENERAL FOR HOMELAND SECURITY
MICHIGAN HOMELAND PROTECTION BOARD
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
DEPARTMENT OF STATE POLICE

WHEREAS, under Article V, Section 1 of the Michigan Constitution of 1963, the executive power is vested in the Governor;

WHEREAS, under Article V, Section 12 of the Michigan Constitution of 1963, the Governor is the commander-in-chief of the armed forces and may call them out to execute the laws, suppress insurrection, and repel invasion;

WHEREAS, under Section 171 of the Michigan Military Act, 1967 PA 150, MCL 32.571, the Governor may organize, disband, arrange, transfer, convert, alter, consolidate, or attach units of the military establishment;

WHEREAS, under Section 181 of the Michigan Military Act, 1967 PA 150, MCL 32.581, the Governor has the authority to appoint and promote officers and warrant officers of the organized militia.

WHEREAS, on September 11, 2001, the nation was attacked by terrorists, requiring the State of Michigan to maintain a vigilant focus on addressing the threat that terrorism may pose to the safety and security of our citizens and visitors;

WHEREAS, it is necessary and proper to undertake all prudent measures to detect, prepare for, prevent, protect against, respond to, and recover from violence or threats of violence from terrorist attacks or threats, and to maintain peace and good order;

WHEREAS, there is a continuing need to assess and evaluate the security of the State of Michigan and to assure that all departments and agencies are communicating and coordinating efforts to address threats to our homeland security;

WHEREAS, it is critical that the Governor be continuously apprised of homeland security issues and be provided the most accurate and prompt information available to ensure that all relevant factors are appropriately weighed in the development and implementation of effective and coordinated homeland security measures;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the authority vested in me by the Michigan Constitution of 1963 and the laws of the State of Michigan, order:

  1. ASSISTANT ADJUTANT GENERAL FOR HOMELAND SECURITY
    1. The office of Assistant Adjutant General for Homeland Security is created within the Department of Military and Veterans Affairs. The Adjutant General, after consultation with the Governor, shall appoint from among the qualified federally-recognized officers of the Michigan National Guard an Assistant Adjutant General for Homeland Security (“Assistant Adjutant General”), with all responsibilities and privileges accorded by Section 304 of the Michigan Military Act, 1967 PA 150, MCL 32.704, who shall serve at the pleasure of the Governor.
    2. The Assistant Adjutant General shall be the chief advisor to the Governor, the Adjutant General, the Director of the Department of State Police and other department directors and agency heads regarding the development of policies, programs, and procedures to protect, enhance, and manage Michigan’s homeland security.
    3. The Assistant Adjutant General shall report directly to the Adjutant General.
    4. The Assistant Adjutant General shall take and subscribe to the oath of office required under Section 217 of the Michigan Military Act 1967 PA 150, MCL 32.617.
  2. CHARGE TO THE ASSISTANT ADJUTANT GENERAL FOR HOMELAND SECURITY
    1. The mission of the Assistant Adjutant General is to act as the Governor’s liaison with all state, provincial, local, tribal, and federal agencies, and private entities to develop and coordinate the implementation of a comprehensive state strategy to secure the State of Michigan from terrorist threats or attacks. The Assistant Adjutant General shall facilitate the coordinated development of state homeland security policy.
    2. The Assistant Adjutant General shall perform the functions necessary to carry out this mission, including coordination of the assessment, development, and evaluation of the Executive Branch’s plans to detect, prepare for, prevent, protect against, respond to, and recover from terrorist threats or attacks.
    3. In performing functions assigned under this Order, the Assistant Adjutant General shall work with governmental agencies, as appropriate, to do all of the following:
      1. Coordinate efforts, together with the Director of the Department of Information Technology and the Director of the Department of State Police, to ensure that all executive departments and agencies have the technological capabilities and resources to communicate with other state departments and agencies and to achieve interoperability of information, technology, and communication systems relating to terrorists’ activities or possible terrorist acts.
      2. Coordinate efforts, together with the Director of the Department of State Police, to prepare for, prevent, and mitigate the consequences of terrorist threats or attacks.
      3. Coordinate efforts, together with the Director of the State Police and the Adjutant General, to protect this state and its vital resources and critical infrastructure from terrorist attacks.
      4. Coordinate the development of policies to respond to and promote recovery from terrorist threats or attacks.
    4. The Assistant Adjutant General shall coordinate a periodic review and assessment of the legal authorities available to the Governor, departments, and agencies to permit them to perform necessary functions related to homeland security efforts.
  3. MICHIGAN HOMELAND PROTECTION BOARD
    1. The Michigan Homeland Protection Board (“Board”) is created as an advisory body to the Governor within the Department of State Police.
    2. The Board shall develop, implement, and revise as needed, an effective and coordinated homeland security strategy. The Board shall refine and update the state’s domestic preparedness and homeland security strategies, and shall continue to strengthen the state’s capabilities to detect, prepare for, prevent, secure and protect against, respond to and recover from, any terrorist threats or attacks.
    3. The members of the Michigan Homeland Protection Board shall be the Director of the Department of State Police, the Adjutant General, the Director of the Department of Agriculture, the Director of the Department of Civil Rights, the Director of the Department of Community Health, the Director of the Department of Environmental Quality, the Director of the Department of Information Technology, and the Director of the Department of Transportation, or their designees.
    4. The Director of the Department of State Police shall serve as Chairperson of the Board.
    5. The Assistant Adjutant General shall attend meetings of the Board, act as Executive Secretary to the Board and, with input from the Department of State Police, be responsible for preparing the Board agenda, ensuring that necessary papers are prepared, recording Board actions, and other tasks related to the duties of the Board as may be assigned by the Board.
    6. The Board may adopt procedures, not inconsistent with Michigan law and this Order, governing its organization and operations. The Board may establish such committees and subcommittees as it deems advisable.
    7. The Board shall meet at the call of the Chairperson, at the request of the Governor or his or her designee, and as may be provided in procedures adopted by the Board.
    8. The Michigan Homeland Security Task Force referenced in Executive Directive No. 2002-1 is abolished.
    9. The Homeland Security Advisory Council is created to advise the Board and to provide input, advice, and recommendations to the Board on any issues deemed necessary by the Board. The Homeland Security Advisory Council shall consist of the Deputy State Director of Emergency Management, the Assistant Adjutant General, and other members as directed by the Board. The Deputy State Director of Emergency Management shall serve as the Chairperson of the Homeland Security Advisory Council.
    10. The Homeland Security Advisory Council may with direction from the Board appoint advisory groups consisting of government officials and members of the public to solicit input, receive recommendations, and assist in the development of plans and strategies on homeland security issues, including but not limited to agriculture and food supply; communications and cyber systems; critical infrastructure protection; energy; hazardous and radioactive materials; key facilities and special events; transportation systems; water systems; public health and hospitals; indications and warnings, response equipment and exercises; strategic planning; and training and technical assistance.
  4. DEPARTMENT OF STATE POLICE
    1. As required by the Michigan Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421:
      1. The Director of the Department of State Police or his or her designee shall continue to serve as the State Director of Emergency Management and State Director of Homeland Security.
      2. The Emergency Management Division within the Department of State Police shall continue to coordinate the state’s emergency management activities for all emergencies and disasters.
      3. The commanding officer of the Emergency Management Division shall continue to serve as the Deputy State Director of Emergency Management and Deputy State Director of Homeland Security.
      4. All state departments and agencies shall cooperate with the Emergency Management Division.
    2. The State Director of Emergency Management shall direct homeland security response activities under the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421.
    3. The Emergency Management Division shall continue to serve as the focal point for all emergency and disaster response to ensure that response activities are carried out in a coordinated manner.
  5. MISCELLANEOUS
    1. The Adjutant General shall make internal organizational changes within the Department of Military and Veterans Affairs as may be administratively necessary to implement this Order.
    2. The Director of the Department of State Police shall make internal organizational changes within the Department of State Police as may be administratively necessary to implement this Order.
    3. Departments and agencies shall, to the extent permitted by law, make available to the Assistant Adjutant General and the Director of the Department of State Police all information relating to terrorist threats and activities. The Assistant Adjutant General and the Director of the Department of State Police shall encourage and invite the participation of local governments and private entities, as appropriate.
    4. Departments and autonomous agencies shall actively support the Assistant Adjutant General and the Homeland Protection Board by:
      1. Assigning key personnel at the request of the Assistant Adjutant General or the State Emergency Management Director to actively participate in this state’s homeland security efforts and to assist in the development and implementation of homeland security strategy, goals, and objectives.
      2. Ensuring implementation of Board goals and objectives identified as requiring action by a particular department or agency.
    5. The active collaboration in homeland security efforts by all department directors and autonomous agency heads will ensure that the State of Michigan’s emergency management and homeland security system will be better prepared to respond to terrorist threats or attacks.
    6. Executive Directive No. 2002-1 is repealed.
    7. 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 15th day of April, 2003.

__________________________________________
Jennifer M. Granholm
GOVERNOR

BY THE GOVERNOR:
__________________________________________
SECRETARY OF STATE