January 05, 2024
To receive funding, federal law requires that each state establish and maintain a council to undertake advocacy, capacity building, and systemic change activities that contribute to a coordinated and comprehensive system of community services, individualized support, and other forms of assistance beneficial to individuals with developmental disabilities. Executive Order 2016-20 reconstituted the Michigan Developmental Disabilities Council (“the Council”) for that purpose: to ensure that resources were developed, implemented, and coordinated to achieve the maximum impact for the current and future needs of individuals with developmental disabilities and their families.
Today, the Council is a group of 21 individuals from across the state whose vision is that all people with disabilities are supported to live self-determined and self-directed lives in a diverse and inclusive community. In continued support of the Council’s mission and vision, and to maintain compliance with federal law, I am now acting to enlarge the Council’s membership to 25 to include additional voices and advance the Council’s important purpose.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.
Section 2 of article 5 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 are necessary for efficient administration.
Pursuant to 42 U.S.C. § 15025, certain changes to the Michigan Developmental Disabilities Council are needed. These changes will ensure the efficient administration and effectiveness of government, as well as compliance with federal law.
Acting pursuant to the Michigan Constitution of 1963 and Michigan law, I order the following:
(a) The Michigan Developmental Disabilities Council (“the Council”) shall continue to serve as the state council on developmental disabilities as required under Section 125 of the Developmental Disabilities Act, 42 U.S.C. § 15025.
(b) The Department of Health & Human Services shall continue to serve as the state agency designated to provide support to the Council on behalf of this state as provided under Sections 124 and 125(d) of the Developmental Disabilities Act, 42 U.S.C. § 15024–15025.
(c) The requirements of Executive Order 2016-20 shall remain in force except as specifically amended by this Order.
(d) The Council’s membership shall be enlarged to include an additional four (4) members. Of those members:
(i) Two (2) shall be individuals with developmental disabilities, and
(ii) Two (2) shall be a parent or guardian of a child with developmental disabilities.
(e) The requirement of Section II.F of Executive Order 2016-20 shall remain in effect and shall apply to the members added in Section 1(d) of this Order.
(f) The newly appointed members shall be appointed and serve as outlined in Executive Order 2016-20. Vacancies shall be filled as specified in Section II.I of that Order. In addition, the newly appointed members shall not be any of the types of employees described in Section II.G of that Order.
(g) The members initially appointed in accordance with this Order as described in Section 1(d) shall be appointed to terms expiring September 30, 2026. After the expiration of the initial terms, members of the Council shall be appointed for terms of four years. The members initially appointed in accordance with Section 1(d) of this Order may serve no more than one full term. Successors may serve up to two full terms.
2. Enforceability. This Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party.
3. Severability. The provisions of this Order are severable and if any provision, or portion thereof, is held unconstitutional or otherwise invalid, such unconstitutionality or invalidity does not affect the remaining provisions, which remain in force.
This Order is effective immediately.
Given under my hand and the Great Seal of the State of Michigan.
Click to view the full PDF of the executive order.
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