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Release Date: December 27, 2007
Last Update: December 28, 2007
EXECUTIVE ORDER No. 2007-54
DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES
STATE HISTORICAL RECORDS ADVISORY BOARD
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, it is the responsibility of the Governor to take care that the laws be faithfully executed;
WHEREAS, the Department of History, Arts, and Libraries was created as a principal department of state government under Section 3 of the History, Arts, and Libraries Act, 2001 PA 63, MCL 399.703;
WHEREAS, under Section 5 of the History, Arts and Libraries Act, 2001 PA 63, MCL 399.705, the Department of History, Arts, and Libraries is charged with carrying out powers, duties, functions, and responsibilities as provided in the History, Arts, and Libraries Act, and as otherwise provided in law;
WHEREAS, the National Historical Publications and Records Commission ("National Commission") was created by Public Law 90-620, as amended, 44 USC 2501 to 2507, to cooperate with, and encourage federal, state, and local government agencies and non-governmental institutions, societies, and individuals in collecting, preserving, editing, and publishing documents, including the papers of outstanding citizens of the United States, that may be important for an in-depth understanding and appreciation of the history of the United States;
WHEREAS, under Section 1 of Public Law 90-620, as amended, 44 USC 2504, the National Commission has established a grant program for the collection, description, preservation, compilation, publication, and dissemination of records, photographs, and other materials significant to the history of the United States;
WHEREAS, to participate in the National Commission's grant program, Part 1206 of Chapter 36 of the Code of Federal Regulations requires a state to establish a historical records advisory board;
WHEREAS, historical records play a vital role in our state's democracy by ensuring that people can discover, use, and learn from our heritage;
WHEREAS, formal establishment of the State Historical Records Advisory Board within the Department of History, Arts, and Libraries is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law;
WHEREAS, it is in the best interests of the State of Michigan to have a formally organized historical records advisory board;
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. "Advisory Board" means the State Historical Records Advisory Board established by this Order.
B. "Department of History, Arts and Libraries" or "Department" means the principal department of state government created under the Section 3 of 2001 PA 63, MCL 399.703, and includes the Michigan Historical Center.
C. "National Commission" means the National Historical Publications and Records Commission created by Public Law 90-620, as amended, 44 USC 2501 to 2507.
D. "State Archivist" means the full-time professional employee within the Department who is responsible for this state's archival program and the operation of the state archives.
II. CREATION OF MICHIGAN HISTORICAL RECORDS ADVISORY BOARD
A. The State Historical Records Advisory Board is created as an advisory body within the Department of History, Arts, and Libraries. The authority, powers, duties, and functions of the Advisory Board, including, but not limited to, budgeting, procurement, and related management functions, shall be performed under the direction and supervision of the Director of the Department.
B. Subject to Section II.C, the Advisory Board shall consist of all of the following:
1. The State Archivist.
2. The Director of the Department of History, Arts, and Libraries, or his or her designee from within the Department of History, Arts, and Libraries.
3. Five residents of this state appointed by the Governor.
C. A majority of the members of the Advisory Board shall have recognizable experience in the administration of records, manuscripts, or archives. The Advisory Board shall be as broadly representative as practicable of the public and private archives, records offices, and research institutions and organizations in this state.
D. Of the members of the Advisory Board initially appointed by the Governor under Section II.B.3, 2 members shall be appointed for a term expiring on December 31, 2008, 1 member shall be appointed for a term expiring on December 31, 2009, 1 member shall be appointed for a term expiring on December 31, 2010, and 1 member shall be appointed for a term expiring on December 31, 2011. After the initial appointments under this paragraph, members shall be appointed for a term of 4 years.
E. A member of the Advisory Board shall continue to serve until a successor is appointed and qualified. A vacancy on the Advisory 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.
III. CHARGE TO THE ADVISORY BOARD
A. The Advisory Board shall do all of the following:
1. Serve as the central advisory body for historical records coordination within this state.
2. Serve as the central advisory body for National Commission state and local projects within this state.
3. Engage in planning relating to historical publications and records in this state.
4. Develop, revise, and submit to the National Commission a state plan that includes priorities for state historical records projects following the Manual of Suggested Practices for State Historical Records Advisory Boards issued by the National Commission.
5. Review all state and local records projects within this state and make recommendations for state projects to the National Commission.
6. Coordinate historical records planning and Commission-funded projects developed and carried out within this state.
7. Facilitate cooperation among historical records repositories and other information agencies within this state.
8. Perform other tasks related to historical publications and records as requested by the Director or the Governor.
B. The Advisory Board may do one or more of the following:
1. Promote an understanding of the role and value of historical records.
2. Foster and support cooperative networks and programs dealing with historical records.
3. Review reports and otherwise monitor the operation and progress of projects in this state financed by National Commission grants.
4. Sponsor and publish reports on the conditions and needs of historical records in this state.
5. Solicit or develop proposals for historical records projects to be undertaken by institutions in this state or by the Advisory Board with grants from the National Commission.
6. Provide advice to the State Archives, and other archival, records, or information agencies in this state.
C. The Advisory Board shall comply with the Manual of Suggested Practices for State Historical Records Advisory Boards and other guidelines issued by the National Commission.
D. The Advisory Board also shall perform the powers, duties, and functions vested in the State Historical Records Advisory Board under the Records Reproduction Act, 1992 PA 116, MCL 24.401 to 24.406.
IV. OPERATIONS OF THE ADVISORY BOARD
A. The Department and the State Archivist shall provide staff support for the Advisory Board. The State Archivist shall perform administrative functions in support of the Advisory Board as provided in the Manual of Suggested Practices for State Historical Records Advisory Boards issued by the National Commission. If the position of State Archivist is vacant or unable to serve, the Deputy State Archivist shall perform the functions of the State Archivist under this Order. In the absence of a Deputy State Archivist, the Advisory Board, after consultation with the Director of the Department, shall designate another employee of the Department to perform the functions of the State Archivist under this Order until a new State Archivist is appointed.
B. The State Archivist shall serve as the Chairperson of the Advisory Board. The Advisory Board may select from among the members of the Advisory Board other officers as the Advisory Board deems necessary.
C. The Advisory Board shall adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations.
D. A majority of the voting members of the Advisory Board serving constitutes a quorum for the transaction of the Advisory Board's business. The Advisory Board shall act by a majority vote of the voting members of the Advisory Board serving.
E. The Advisory Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Advisory Board.
F. The business of the Advisory Board shall be conducted at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of all meetings of the Advisory Board shall be given in the manner required by the Open Meetings Act.
G. A writing prepared, owned, used, in the possession of, or retained by the Advisory Board in the performance of official business shall be made available to the public under the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246.
H. The Advisory Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Advisory 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.
I. Members of the Advisory Board shall serve without compensation. Members of the Advisory Board may receive reimbursement for necessary travel and expenses consistent with relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available funding.
J. The Advisory 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 Advisory Board and the performance of its duties, as the Advisory Board 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.
K. The Advisory Board may enter into agreements with state departments and agencies to assist the Advisory Board in the performance of its duties and responsibilities under this Order.
L. The Advisory Board may accept donations of labor, services, or other things of value from any public or private agency or person.
M. Members of the Advisory Board shall refer all legal, legislative, and media contacts to the Department.
A. All departments, committees, commissioners, or officers of this state, or of any political subdivision of this state, shall give to the Advisory Board or to any member or representative of the Advisory Board, any necessary assistance required by the Advisory Board or any member or representative of the Advisory Board, in the performance of the duties of the Advisory Board so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or review of the Advisory Board.
B. Any rules, orders, bylaws, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until amended, rescinded, or terminated.
C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
D. 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.
E. This Order is effective upon Monday, January 28, 2008 at 12:01 a.m.
BY THE GOVERNOR:
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