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EXECUTIVE ORDER No. 2009 - 34
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, 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, Section 2 of Article I of the United States Constitution requires the federal government to count the number of people living in the United States and its territories every ten years;
WHEREAS, under Section 141 of Title 13 of the Census Act, Public Law 83-740, 13 USC 141, the next federal census will officially commence on April 1, 2010;
WHEREAS, census data are used by the federal government to allocate more than $300 billion in federal funds to state, local, and tribal governments each year, as well as to determine the number of representatives each state will have in the United States House of Representatives;
WHEREAS, it is imperative that the census count in Michigan be complete and accurate to ensure that Michigan receives the correct amount of federal funding and the appropriate representation in the United States House of Representatives;
WHEREAS, the creation of a Complete Count Committee in Michigan will heighten awareness of the 2010 Census and encourage the full participation of the residents of this state in the counting process;
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:
As used in this Order:
A. "Department of Information Technology" or "Department" means the principal department of state government created by Executive Order 2001-3, MCL 18.41.
B. "Complete Count Committee" or "Committee" means the committee created within the Department of Information Technology under this Order.
II. CREATION OF THE COMPLETE COUNT COMMITTEE
A. The Complete Count Committee is created as an advisory body within the Department of Information Technology.
B. The Committee shall consist of the Lieutenant Governor and the directors of each principal department of state government or their designated representatives from within their respective departments.
C. The Lieutenant Governor shall serve as the Chairperson of the Committee. The Governor may designate a member of the Committee to serve as its Vice-Chairperson at the pleasure of the Governor.
III. CHARGE TO THE COMMITTEE
A. The Committee shall act in an advisory capacity to the Governor and shall do all of the following:
1. Develop, recommend, and assist in the administration of an outreach action plan to identify areas or groups within this state that are isolated geographically, linguistically, racially, culturally, or otherwise and may be difficult to enumerate.
2. Develop, recommend, and assist in the coordinated distribution by state and local agencies, organizations, and entities of press releases, publications, displays, and other promotional material designed to heighten awareness of, and ensure the full participation of Michigan residents in, the 2010 Census.
3. Identify barriers and obstacles that interfere with the full participation of Michigan residents in the 2010 Census and develop strategies to overcome those barriers.
B. The Committee may, as appropriate, establish subcommittees to assist the Committee in fulfilling its responsibilities under this Order, including, but not limited to, subcommittees in the areas of government, education, media, business, and community and faith-based organizations.
C. The Committee shall meet at least quarterly until March 10, 2010, and as often thereafter as is required to complete its work.
D. The Committee may, as appropriate, coordinate its efforts with those of the United States Census Bureau and other complete count committees established at the local level.
E. The Committee shall complete its work and submit a final report to the Governor by August 1, 2010 summarizing its activities and suggesting improvements to the Complete Count Committee for Census 2020.
IV. OPERATIONS OF THE COMMITTEE
A. The Committee shall be staffed and assisted by personnel from the Department, subject to available funding. Any budgeting, procurement, or related management functions of the Committee shall be performed under the direction and supervision of the Director of the Department.
B. The Committee shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.
C. A majority of the members serving on the Committee constitutes a quorum for the transaction of the Committee's business. The Committee shall act by a majority vote of its serving members.
D. The Committee shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Committee.
E.The Committee may establish advisory workgroups composed of state officers, state employees, or members of the public who are not members of the Committee. The Committee may adopt, reject, or modify any recommendations proposed by an advisory workgroup.
F.The Committee may, as appropriate, make inquiries, conduct studies or investigations, hold hearings, and receive comments from the public. The Committee 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.
G. Members of the Committee shall serve without compensation. Members of the Committee may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available funding.
H. The Committee 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 Committee 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.
I. The Committee may accept donations of labor, services, or other things of value from any public or private agency or person.
J. All departments, boards, commissioners, or officers of this state, or of any political subdivision of this state, shall cooperate with the Committee and give to the Committee or to any representative of the Committee, any necessary assistance required by the Committee or their representative in the performance of their duties as Committee members. Committee members shall be given free access to any policy related or technical information held by any department, board, commissioner, or officer of this state including books, records, or documents in their possession relating to matters within the scope of inquiry, study or review of the Committee.
K. Members of the Committee shall refer all legal, legislative, and media contacts to the Department.
A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.
B. 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.
This order is effective upon filing.
Given under my hand and the Great Seal of the State of Michigan this 9th day of June, in the year of our Lord, two thousand nine.
JENNIFER M. GRANHOLM
BY THE GOVERNOR:
Secretary of State