GOVERNORVol. 27 Iss. 10 - January 17, 2011
GOVERNOR
EXECUTIVE ORDER NUMBER 28 (2010)
The Commonwealth's Gang and Violent Crime
Executive Committee
Importance of the Issue
Information from law enforcement agencies indicates that gang activity and crime, once a problem reserved for large cities, has spread outward as gang members migrate from urban areas to suburban and rural communities, threatening the safety of Virginians everywhere. The Virginia Fusion Center reports the presence of criminal street gangs throughout Northern Virginia, the Greater Richmond Area, Western Virginia, Hampton Roads and in far Southwest Virginia. Offshoots of National gangs such as the Bloods, Crips and Gangster Disciples are active throughout the Commonwealth. In order to make Virginia a safer place to raise a family and own or operate a business, it is essential that federal, state and local governments work together to address and reduce gangs and gang-related violence in the Commonwealth.
By combating gangs we impact other criminal activities including drug distribution, illegal firearms possession, assault, murder and a host of other crimes. Strong anti-gang education and prevention efforts designed to reduce gang membership; and programs for individuals who want to renounce gang life, are all essential to addressing criminal street gangs and gang related violence.
Accordingly, the Commonwealth must work collaboratively along with local and federal partners, businesses, as well as community and faith-based organizations, in establishing best practices for combating gangs and reducing gang-related crime.
The Commonwealth's Gang and Violent Crime Executive Committee
Many localities have taken steps to address the gang problem within their communities; however, additional resources are needed to aid local governments in their fight against gangs and gang related violence.
By virtue of the authority vested in me as Governor, under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to Section 2.2-134 of the Code of Virginia, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the Commonwealth's Gang and Violent Crime Executive Committee.
The Commonwealth's Gang and Violent Crime Executive Committee (the "Committee") shall be chaired by the Secretary of Public Safety or her designee. The Committee shall be comprised of representatives of the following agencies and organizations:
· The Commonwealth's Attorneys' Services Council
· The Department of Correctional Education
· The Department of Corrections – Institutions
· The Department of Corrections – Community Corrections
· The Department of Criminal Justice Services
· The Department of Education
· The Department of Health
· The Department of Housing and Community Development
· The Department of Juvenile Justice
· The Department of Behavioral Health and Developmental Services
· The Department of Social Services
· The Department of State Police
· The Governor's Office for Substance Abuse Prevention
· The Office of the Attorney General
· The Department of Alcohol Beverage Control
· The Office of the Executive Secretary of the Supreme Court
· The Governor's Prisoner Re-Entry Coordinator
· The Virginia Regional Jail Association
· The Virginia Sheriff's Association
· The Virginia Association of Chiefs of Police
· The Virginia Association of Commonwealth's Attorneys
The Governor may appoint additional members as appropriate. Further, the Secretary of Public Safety may invite additional participation as needed. All Executive Branch agencies of the Commonwealth, upon request, shall participate in activities of the Committee. Support staff will be provided by the Office of the Secretary of Public Safety, the Department of State Police and other agencies as the Secretary of Public Safety may designate.
The Executive Committee shall:
· Develop and expand partnerships within all levels of federal, state and local government to best utilize resources to impact gang crime in the Commonwealth;
· Work with the Prisoner Re-entry Coordinator and the Virginia Prisoner and Juvenile Offender Re-entry Council in establishing strategies for successful reentry of gang members;
· Engage local agencies, community based social service providers, community organizations, faith-based organizations, as well as other stakeholders, in promoting evidence based programs like Richmond's successful and nationally recognized Gang Reduction and Intervention Program (GRIP);
· Coordinate the dissemination of gang-awareness information to citizens of the Commonwealth in order to increase their involvement in making local communities safe and fostering local opportunities for youth;
· Expand discussions and anti-gang planning to include trends and patterns of related violent crime in the Commonwealth;
· Provide the Governor, by December 1, 2011, a report that includes an analysis of state agencies anti-gang efforts, and the status of the State Police Anti-Gang Task Forces. The report should also include recommendations regarding strategic advancement of gang investigations and the development of gang intelligence as well as recommendations for educational, prevention, and re-entry strategies. Finally, the report should include best practices and anti-gang initiatives throughout the Commonwealth.
The Secretary of Public Safety, working with the Committee, shall develop a long-term strategic plan for reducing gang activity and gang violence in the Commonwealth. The plan shall identify methods of improving communication; a strategy for sharing of information; and ways of strengthening collaboration between state and local agencies. Such a plan shall be submitted to the Governor no later than December 1, 2011.
The Committee shall submit to the Governor its findings and recommendations on matters potentially impacting the development of the Executive Budget no later than September 15, 2011. The Committee shall submit a final report of its activities, findings and recommendations no later than October 1, 2011. Should the Committee be extended beyond a year, this pattern of reporting shall continue for the duration of the Committee.
Necessary funding to support the Executive Committee and its staff shall be provided from federal funds, private contributions, and state funds appropriated for the same purposes as the Committee, as authorized by Section 2.2-135 of the Code of Virginia, as well as any other private sources of funding that may be identified. Estimated direct costs for this Executive Committee are $5,000.00 per year. An estimated 200 hours of staff time will be required to support the work of the Executive Committee.
Effective Date of the Executive Order
This Executive Order shall be effective upon its signing and shall remain in full force and effect for one year from its signing, unless amended or rescinded by further Executive Order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 16th day of December, 2010.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NUMBER 29 (2010)
Serving Virginia's Veterans
Importance of Veterans Services
Over 820,000 military veterans and their families call Virginia home. The Commonwealth has a special responsibility to support these men and women, as well as the 245,000 active duty service members, reservists, and National Guard members from Virginia. These brave men and women leave safe homes and pleasant lives to defend and advance this nation and the Commonwealth. They have courageously combated tyranny and oppression to bring freedom to others. Our nation and our Commonwealth owe these men and women a tremendous debt of gratitude.
In 1789, George Washington said "The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive veterans of early wars were treated and appreciated by our nation." These sentiments apply as strongly today as they did at the founding of our nation. There is no greater obligation of a nation than to support the military, veterans, and their families and to honor those who have made the ultimate sacrifice.
Directives for Serving Virginia's Veterans
By virtue of the authority vested in me as Governor by Article V of the Constitution of Virginia and under the laws of the Commonwealth, including, but not limited to, Section 2.2-103 of the Code of Virginia, and in conjunction with Executive Order Number 10, Housing Policy Framework of the Commonwealth of Virginia, in regard to addressing homelessness to include veterans, I hereby set forth the policy of the Executive Branch for improving services to Virginia's veterans, with the goal of making Virginia our nation's most veteran-friendly state.
· I hereby direct all state agencies to identify new, expanded, or customized services that meet the educational, health care, and social services needs of Virginia's veterans. Agencies will work with the Department of Veterans Services to identify the resources required to implement the new, expanded, or customized services and will report such requirements to the Commissioner of Veterans Services no later than April 30, 2011, and on April 30 of each subsequent year this Executive Order is effective.
· I hereby direct the Board of Veterans Services and the Joint Leadership Council of Veterans Service Organizations to develop legislation to be considered by the Governor for introduction in the 2012 and subsequent General Assemblies. Such proposals shall be submitted, via the Commissioner of the Department of Veterans Services, to the Governor's Office no later than August 15, 2011, and by August 15 of each subsequent year this Executive Order is effective.
· I hereby direct the Commissioner of the Department of Veterans Services and the Veterans Services Foundation to continue to give high priority to obtaining federal grants, private contributions, alternate dedicated revenue sources, and other resources for improving services to veterans in Virginia.
· I hereby direct the Department of Veterans Services to continue the development of the Automated Claims Processing System.
· I hereby direct the Department of Human Resource Management to ensure that all state agencies are aware of, and comply with, the Veterans Hiring Preference in State Government. I also hereby direct all state agency heads to renew their commitment to veterans' preference in hiring.
· I hereby request that the Lieutenant Governor of Virginia, in his capacity as Virginia's Chief Jobs Creation Officer, along with a representative of the Secretary of Commerce and Trade, to partner with the Department of Veterans Services, the Virginia Employment Commission, and the Virginia Community College System to conduct research to identify the demographics and other characteristics of veterans at risk for unemployment, to review veterans employment trends for the Commonwealth, and to determine whether veterans are being sufficiently employed in growth sectors and jobs in high demand.
· I hereby direct the Department of Veterans Services, Department of Human Resource Management, the Department of Rehabilitative Services, the Virginia Employment Commission, and the Virginia Community College System to identify the resources necessary to create, under the Department of Veterans Services, a program to develop employment opportunities for veterans. The program shall include a focus on developing entrepreneurial opportunities for veterans, particularly those with disabilities.
· I hereby direct the Department of Rail and Public Transportation, in conjunction with the Department of Veterans Services, to work with local agencies to identify transportation services for veterans that could supplement the transportation routes and schedules already provided by the U.S. Department of Veterans Affairs and the Disabled American Veterans. Any new transportation programs created should endeavor to employ veterans for these services.
· I hereby direct all state agencies to work with the Department of Veterans Services and the Virginia Wounded Warrior Program to ensure continued commitment to serving the needs of veterans and their families affected by combat stress and traumatic brain injuries.
Effective Date of the Executive Order
This Executive Order shall be in effect upon its signing and shall remain in full force and effect until June 30, 2014, unless amended or rescinded by further Executive Order.
Given under my hand and the Seal of the Commonwealth of Virginia, this 23rd day of December, 2010.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NUMBER 30 (2010)
Declaration of a State of Emergency for the Commonwealth of Virginia Due to the Threat of Significant Snow Accumulations, Transportation Difficulties, and Power Outages Caused by a Winter Storm
Importance of the Issue
On December 25, 2010, I verbally declared a state of emergency to exist for the Commonwealth of Virginia based on National Weather Service forecasts projecting a winter storm with significant snow accumulations that could cause transportation difficulties and power outages throughout the Commonwealth.
The health and general welfare of the citizens of the Commonwealth require that state action be taken to help alleviate the conditions caused by this situation. The effects of this storm constitute a disaster wherein human life and public and private property are imperiled, as described in § 44-146.16 of the Code of Virginia.
Therefore, by virtue of the authority vested in me by § 44-146.17 of the Code of Virginia, as Governor and as Director of Emergency Management, and by virtue of the authority vested in me by Article V, Section 7 of the Constitution of Virginia and by § 44-75.1 of the Code of Virginia, as Governor and Commander-in-Chief of the armed forces of the Commonwealth, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby confirm, ratify, and memorialize in writing my verbal orders issued on December 25, 2010, whereby I proclaimed that a state of emergency exists and I directed that appropriate assistance be rendered by agencies of both state and local governments to prepare for potential impacts of the storm, to alleviate any conditions resulting from significant storm events, and to implement recovery and mitigation operations and activities so as to return impacted areas to pre-event conditions in so far as possible. Pursuant to § 44-75.1(A)(3) and (A)(4) of the Code of Virginia, I also directed that the Virginia National Guard and the Virginia Defense Force be called forth to state duty to be prepared to assist in providing such aid. This shall include Virginia National Guard assistance to the Virginia Department of State Police to direct traffic, prevent looting, and perform such other law enforcement functions as the Superintendent of State Police, in consultation with the State Coordinator of Emergency Management, the Adjutant General, and the Secretary of Public Safety, may find necessary.
In order to marshal all public resources and appropriate preparedness, response, and recovery measures to meet this potential threat and recover from its effects, and in accordance with my authority contained in § 44-146.17 of the Code of Virginia, I hereby order the following protective and restoration measures:
A. The implementation by agencies of the state and local governments of the Commonwealth of Virginia Emergency Operations Plan, as amended, along with other appropriate state agency plans.
B. The activation of the Virginia Emergency Operations Center (VEOC) and the Virginia Emergency Response Team (VERT) to coordinate the provision of assistance to local governments. I am directing that the VEOC and VERT coordinate state actions in support of potential affected localities, other mission assignments to agencies designated in the Commonwealth of Virginia Emergency Operations Plan (COVEOP), and others that may be identified by the State Coordinator of Emergency Management, in consultation with the Secretary of Public Safety, which are needed to provide for the preservation of life, protection of property, and implementation of recovery activities.
C. The authorization to assume control over the Commonwealth's state-operated telecommunications systems, as required by the State Coordinator of Emergency Management, in coordination with the Virginia Information Technology Agency, and with the consultation of the Secretary of Public Safety, making all systems assets available for use in providing adequate communications, intelligence and warning capabilities for the event, pursuant to § 44-146.18 of the Code of Virginia.
D. The evacuation of areas threatened or stricken by effects of the storm. Following a declaration of a local emergency pursuant to § 44-146.21 of the Code of Virginia, if a local governing body determines that evacuation is deemed necessary for the preservation of life or other emergency mitigation, response, or recovery, pursuant to § 44-146.17(1) of the Code of Virginia, I direct the evacuation of all or part of the populace therein from such areas and upon such timetable as the local governing body, in coordination with the Virginia Emergency Operations Center (VEOC), acting on behalf of the State Coordinator of Emergency Management, shall determine. Notwithstanding the foregoing, I reserve the right to direct and compel evacuation from the same and different areas and determine a different timetable both where local governing bodies have made such a determination and where local governing bodies have not made such a determination. Violations of any order to citizens to evacuate shall constitute a violation of this Executive Order and are punishable as a Class 1 misdemeanor.
E. The activation, implementation, and coordination of appropriate mutual aid agreements and compacts, including the Emergency Management Assistance Compact (EMAC), and the authorization of the State Coordinator of Emergency Management to enter into any other supplemental agreements, pursuant to § 44-146.17(5) and § 44-146.28:1 of the Code of Virginia, to provide for the evacuation and reception of injured and other persons and the exchange of medical, fire, police, National Guard personnel and equipment, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. The State Coordinator of Emergency Management is hereby designated as Virginia's authorized representative within the meaning of the Emergency Management Assistance Compact, § 44-146.28:1 of the Code of Virginia.
F. The authorization of the Departments of State Police, Transportation, and Motor Vehicles to grant temporary overweight, over width, registration, or license exemptions to all carriers transporting essential emergency relief supplies or providing restoration of utilities (electricity, gas, phone, water, wastewater, and cable) in and through any area of the Commonwealth in order to support the disaster response and recovery, regardless of their point of origin or destination.
The axle and gross weights shown below are the maximum allowed, unless otherwise posted.
| Any One Axle | 24,000 Pounds |
| Tandem Axles (more than 40 inches but not more than 96 inches spacing between axle centers) | 44,000 Pounds |
| Single Unit (2 Axles) | 44,000 Pounds |
| Single Unit (3 Axles) | 54,500 Pounds |
| Tractor-Semitrailer (4 Axles) | 64,500 Pounds |
| Tractor-Semitrailer (5 or more Axles) | 90,000 Pounds |
| Tractor-Twin Trailers (5 or more Axles) | 90,000 Pounds |
| Other Combinations (5 or more Axles) | 90,000 Pounds |
| Per Inch of Tire Width in Contact with Road Surface | 850 Pounds |
All overwidth loads, up to a maximum of 12 feet, must follow Virginia Department of Motor Vehicles (DMV) hauling permit and safety guidelines.
In addition to described overweight/overwidth transportation privileges, carriers are also exempt from registration with the Department of Motor Vehicles. This includes the vehicles in route and returning to their home base. The above-cited agencies shall communicate this information to all staff responsible for permit issuance and truck legalization enforcement.
This authorization shall apply to hours worked by any carrier when transporting passengers, property, equipment, food, fuel, construction materials, and other critical supplies to or from any portion of the Commonwealth for purpose of providing relief or assistance as a result of this disaster, pursuant to § 52-8.4 of the Code of Virginia.
The foregoing overweight/overwidth transportation privileges as well as the regulatory exemption provided by § 52-8.4(A) of the Code of Virginia, and implemented in 19VAC30-20-40(B) of the "Motor Carrier Safety Regulations," shall remain in effect for 30 days from the onset of the disaster, or until emergency relief is no longer necessary, as determined by the Secretary of Public Safety in consultation with the Secretary of Transportation, whichever is earlier.
G. The discontinuance of provisions authorized in paragraph F above may be implemented and disseminated by publication of administrative notice to all affected and interested parties by the authority I hereby delegate to the Secretary of Public Safety, after consultation with other affected Cabinet-level Secretaries.
H. The authorization of a maximum of $100,000 for matching funds for the Individuals and Household Program, authorized by The Stafford Act (when presidentially authorized), to be paid from state funds.
I. The implementation by public agencies under my supervision and control of their emergency assignments as directed in the COVEOP without regard to normal procedures pertaining to performance of public work, entering into contracts, incurring of obligations or other logistical and support measures of the Emergency Services and Disaster Laws, as provided in § 44-146.28(b) of the Code of Virginia. Section 44-146.24 of the Code of Virginia also applies to the disaster activities of state agencies.
J. Upon my approval, the costs incurred by state agencies and other agents in performing mission assignments through the VEOC of the Commonwealth as defined herein and in § 44-146.28 of the Code of Virginia, in performing these missions shall be paid from state funds and/or federal funds. In addition, up to $100,000 shall be made available for state response and recovery operations and incident documentation with the Department of Planning and Budget overseeing the release of these funds.
K. Designation of members and personnel of volunteer, auxiliary, and reserve groups including search and rescue (SAR), Virginia Associations of Volunteer Rescue Squads (VAVRS), Civil Air Patrol (CAP), member organizations of the Voluntary Organizations Active in Disaster (VOAD), Radio Amateur Civil Emergency Services (RACES), volunteer fire fighters, Citizen Corps Programs such as Medical Reserve Corps (MRCs), Citizen Emergency Response Teams (CERTS), and others identified and tasked by the State Coordinator of Emergency Management for specific disaster related mission assignments as representatives of the Commonwealth engaged in emergency services activities within the meaning of the immunity provisions of § 44-146.23(A) and (F) of the Code of Virginia, in the performance of their specific disaster-related mission assignments.
L. The authorization of appropriate oversight boards, commissions, and agencies to ease building code restrictions and to permit emergency demolition, hazardous waste disposal, debris removal, emergency landfill sitting, and operations and other activities necessary to address immediate health and safety needs without regard to time-consuming procedures or formalities and without regard to application or permit fees or royalties.
M. The activation of the statutory provisions in § 59.1-525 et seq. of the Code of Virginia related to price gouging. Price gouging at any time is unacceptable. Price gouging is even more reprehensible after a natural disaster. I have directed all applicable executive branch agencies to take immediate action to address any verified reports of price gouging of necessary goods or services. I make the same request of the Office of the Attorney General and appropriate local officials.
N. The following conditions apply to the deployment of the Virginia National Guard and the Virginia Defense Force:
1. The Adjutant General of Virginia, after consultation with the State Coordinator of Emergency Management, shall make available on state active duty such units and members of the Virginia National Guard and Virginia Defense Force and such equipment as may be necessary or desirable to assist in preparations for this event and in alleviating the human suffering and damage to property.
2. Pursuant to § 52-6 of the Code of Virginia, I authorize the Superintendent of the Department of State Police to appoint any and all such Virginia Army and Air National Guard personnel called to state active duty as additional police officers as deemed necessary. These police officers shall have the same powers and perform the same duties as the State Police officers appointed by the Superintendent. However, they shall nevertheless remain members of the Virginia National Guard, subject to military command as members of the State Militia. Any bonds and/or insurance required by § 52-7 of the Code of Virginia shall be provided for them at the expense of the Commonwealth.
3. In all instances, members of the Virginia National Guard and Virginia Defense Force shall remain subject to military command as prescribed by § 44-78.1 of the Code of Virginia and are not subject to the civilian authorities of county or municipal governments. This shall not be deemed to prohibit working in close cooperation with members of the Virginia Departments of State Police or Emergency Management or local law enforcement or emergency management authorities or receiving guidance from them in the performance of their duties.
4. Should service under this Executive Order result in the injury or death of any member of the Virginia National Guard, the following will be provided to the member and the member's dependents or survivors:
(a) Workers' Compensation benefits provided to members of the National Guard by the Virginia Workers' Compensation Act, subject to the requirements and limitations thereof; and, in addition,
(b) The same benefits, or their equivalent, for injury, disability, and/or death, as would be provided by the federal government if the member were serving on federal active duty at the time of the injury or death. Any such federal-type benefits due to a member and his or her dependents or survivors during any calendar month shall be reduced by any payments due under the Virginia Workers' Compensation Act during the same month. If and when the time period for payment of Workers' Compensation benefits has elapsed, the member and his or her dependents or survivors shall thereafter receive full federal-type benefits for as long as they would have received such benefits if the member had been serving on federal active duty at the time of injury or death. Any federal-type benefits due shall be computed on the basis of military pay grade E-5 or the member's military grade at the time of injury or death, whichever produces the greater benefit amount. Pursuant to § 44-14 of the Code of Virginia, and subject to the availability of future appropriations which may be lawfully applied to this purpose, I now approve of future expenditures out of appropriations to the Department of Military Affairs for such federal-type benefits as being manifestly for the benefit of the military service.
5. The following conditions apply to service by the Virginia Defense Force:
(a) Compensation shall be at a daily rate that is equivalent of base pay only for a National Guard Unit Training Assembly, commensurate with the grade and years of service of the member, not to exceed 20 years of service;
(b) Lodging and meals shall be provided by the Adjutant General or reimbursed at standard state per diem rates;
(c) All privately owned equipment, including, but not limited to, vehicles, boats, and aircraft, will be reimbursed for expense of fuel. Damage or loss of said equipment will be reimbursed, minus reimbursement from personal insurance, if said equipment was authorized for use by the Adjutant General in accordance with § 44-54.12 of the Code of Virginia; and
(d) In the event of death or injury, benefits shall be provided in accordance with the Virginia Workers' Compensation Act, subject to the requirements and limitations thereof.
Upon my approval, the costs incurred by state agencies and other agents in performing mission assignments through the VEOC of the Commonwealth as defined herein and in § 44-146.28 of the Code of Virginia, other than costs defined in the paragraphs above pertaining to the Virginia National Guard and the Virginia Defense Force, in performing these missions shall be paid from state funds.
Effective Date of this Executive Order
This Executive Order shall be effective December 25, 2010, and shall remain in full force and effect until June 30, 2011, unless sooner amended or rescinded by further executive order. Termination of the Executive Order is not intended to terminate any federal-type benefits granted or to be granted due to injury or death as a result of service under this Executive Order.
Given under my hand and under the Seal of the Commonwealth of Virginia, this 28th day of December 2010.
/s/ Robert F. McDonnell
Governor
