EXECUTIVE ORDER No.2005 - 8

MICHIGAN PUBLIC SAFETY COMMUNICATIONS SYSTEM ADVISORY BOARD
DEPARTMENT OF INFORMATION TECHNOLOGY

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, the Governor is responsible for taking care that the law be faithfully executed;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;

WHEREAS, the State of Michigan is a nationally and internationally recognized leader in public safety communications technology;

WHEREAS, Michigan can retain and enhance its position of preeminence in public safety communications technology through the promotion of an active partnership among local, state, tribal, and federal public safety agencies;

WHEREAS, because public safety agencies must be prepared to assist each other regardless of jurisdiction in the event of a disaster or emergency, interoperable communications among responders is a key element in homeland security and emergency preparedness;

WHEREAS, it is in the best interests of the State of Michigan to seek advice from a Board composed of representatives of public safety agencies to review and make recommendations regarding public safety communications technology;

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:

DEFINITIONS
1. “Board” means the Michigan Public Safety Communications System Advisory Board created by this Order.
2. “Department” means the Department of Information Technology the principal department of state government created by Executive Order 2001-3, MCL 18.41.
3. “Michigan Public Safety Communications System” or “MPSCS” means Michigan’s 800-megahertz radio system and telecommunications network, including all real and personal property, towers, buildings, equipment, and other related facilities and fixtures necessary for the operation and safety of the MPSCS established under Section 1 of 1929 PA 152, MCL 28.281.
ESTABLISHMENT OF THE MICHIGAN PUBLIC SAFETY COMMUNICATIONS SYSTEM ADVISORY BOARD
1. The Michigan Public Safety Communications System Advisory Board is established within the Department of Information Technology.
2. The Board shall consist of the following 19 members:
  1. Nine members representing local emergency first responders appointed by the Governor for 4-year terms, except the terms for the initial members shall be as follows:
    1. Three members for terms expiring on April 30, 2006.
    2. Three members for terms expiring on April 30, 2007.
    3. Three members for terms expiring on April 30, 2008.
  2. The following ex officio, voting members:
    1. The Director of the Department of State Police, or his or her designee who shall be an officer or employee of the Department of State Police.
    2. The Director of the Department of Information Technology, or his or her designee who shall be an officer or employee of the Department of Information Technology.
    3. The Director of the Department of Natural Resources, or his or her designee who shall be an officer or employee of the Department of Natural Resources.
    4. The Director of the Department of Transportation, or his or her designee who shall be an officer or employee of the Department of Transportation.
    5. The Adjutant General, or his or her designee who shall be an officer or employee of the Department of Military and Veterans Affairs.
    6. The Assistant Adjutant General for Homeland Security in the Department of Military and Veterans Affairs.
    7. The Director of the Department of Community Health, or his or her designee who shall be an officer or employee of the Department of Community Health.
    8. The officer or employee within the Department of State Police who has the principal responsibilities for Michigan’s emergency management operations as designated by the Director of the State Police.
    9. The State Fire Marshal.
    10. The officer or employee within the Department of Information Technology who has been designated by the Director of the Department of Information Technology as having principal administrative responsibilities for the MPSCS.
3. The Governor shall designate a member of the Board to serve as its Chairperson for a 2-year term.
4. The Governor shall designate a member of the Board to serve as its Vice- Chairperson for a 2-year term.
5. A vacancy on the Board occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.
OPERATIONS OF THE BOARD
1. The Board shall be staffed by personnel from and assisted by the Department. Any budgeting, procurement, and related management functions of the Board shall be performed under the direction and supervision of the Director of the Department.
2. The Board shall select a Secretary from among its members. The Department shall assist the Secretary with recordkeeping responsibilities.
3. The Board shall adopt procedures consistent with Michigan law and this Order governing its organization and operations and may establish committees and request public participation as it deems necessary.
4. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board.
5. The Board shall act by majority vote of its serving members. A majority of serving and voting members shall constitute a quorum for the transaction of the business of the Board at a meeting.
6. The Board shall consult with the Department of Management Budget and the State Building Authority on issues related to use of the MPSCS and any other matters that may affect the tax exempt status of the bonds issued to finance the MPSCS.
7. The Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Board may, as appropriate, designate as liaisons to the Board individuals from groups representing MPSCS users who do not have Board representation. The 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.
8. Members of the Board shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available appropriations.
9. The 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 Board and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order and relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.
10. The Board may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures
11. Members of the Board shall refer all legal, legislative, and media contacts to the Department.
CHARGE TO THE BOARD
1. The Board is advisory in nature and shall advise the Governor and the Department of Information Technology on the following:
  1. Best practices for implementing interoperability of wireless public safety communications, including data, in Michigan on a local, regional, and statewide basis.
  2. Future trends in public and private sectors relating to public safety wireless communication, interoperability standards, and technology in support of providing public safety wireless services in the most effective and efficient manner.
  3. Opportunities for effectively using the MPSCS as part of local, regional and statewide mutual-aid agreements, 9–1–1 dispatch operations, and incident command systems.
  4. Best practices for using interoperability training on a local, regional and statewide basis.
  5. Development and implementation of Michigan’s interoperable communications plan.
2. The Board shall provide other information, recommendations, or advice as directed by the Governor or the Director of the Department.
MISCELLANEOUS
1. The Board created under this Order replaces the Michigan Public Safety Communications System State Advisory Board organized by the Department of State Police. The Michigan Public Safety Communications System State Advisory Board, which held its first meeting on April 25, 2000, is abolished.
2. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Board, or to any member or representative of the Board, any necessary assistance required by the Board, or any member or representative of the Board, in the performance of the duties of the Board so far as is compatible with its, his, or her duties. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Board, or to any member or representative of the Board, free access to any books, records, or documents, relating to matters within the scope of inquiry, study, or investigation of the Board
3. 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 5th day of April, in the year of our Lord, two thousand and five.

__________________________________________
JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
__________________________________________
SECRETARY OF STATE

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EXECUTIVE ORDER No.2005 - 8

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