GOVERNORVol. 25 Iss. 25 - August 17, 2009
GOVERNOR
EXECUTIVE ORDER NUMBER 83 (2009)
THE GOVERNOR'S ADVISORY BOARD ON NATIONAL AND COMMUNITY SERVICE
Community and national service are vital to the fabric of American democracy. Volunteerism and service are critical aspects of our civic life. It is appropriate that the state and federal governments work together to develop a focal point for these efforts.
Mindful of the importance of community and national service, and 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 § 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 Governor's Advisory Board on National Service and Community Service.
The Board is classified as a gubernatorial advisory board in accordance with § 2.2-2100 of the Code of Virginia.
The Board shall be established to comply with the provisions of the National and Community Services Trust Act of 1993 and to advise the Governor and Cabinet Secretaries on matters related to promotion and development of national service in the Commonwealth of Virginia. The Board shall have the following specific duties:
1. To advise the Governor, the Secretaries of Health and Human Resources, Education, Natural Resources, the Assistant to the Governor for Commonwealth Preparedness, the Commissioner of the Department of Social Services, and other appropriate officials, on national and community service programs in Virginia and on fulfilling the responsibilities and duties prescribed by the federal Corporation for National Service.
2. To advise the Governor, the Secretaries of Health and Human Resources, Education, Natural Resources, the Assistant to the Governor for Commonwealth Preparedness, the Commissioner of the Department of Social Services, and other appropriate officials, on the development, implementation, and evaluation of Virginia's Unified State Plan that outlines strategies for supporting and expanding national and community service throughout the Commonwealth.
3. To promote the expansion of AmeriCorps programs to meet Virginia's most pressing human, educational, environmental, and public safety needs.
4. To work collaboratively with Virginia Corps and the Citizen Corps initiative to promote volunteerism and public service throughout the Commonwealth.
5. To collaborate with the Virginia Department of Social Services and other public and private entities to recognize and call attention to the significant community service contributions of Virginia citizens and organizations.
6. To develop a plan for sustaining and increasing the number of Virginia service programs supported by the Corporation for National Service.
7. To promote and coordinate State programs offering opportunities for community service within the Commonwealth.
8. To work with the Department of Social Services on promoting the involvement of faith based organizations in community and national service efforts.
The Board shall be comprised of no more than twenty voting members appointed by the Governor and serving at his pleasure. No more than 25 percent of voting members may be state employees.
The Governor may appoint additional persons at his discretion as ex-officio non-voting members. The voting members of the Board shall elect the Chairman. Board voting membership shall include representatives for the categories as outlined in federal regulations issued by the Corporation for National Service.
Such staff support as is necessary to support the Board's work during the term of its existence shall be furnished by the Virginia Department of Social Services, and any other executive branch agencies having definitely and closely related purposes, as the Governor may designate. An estimated 2000 hours of staff time will be required to support the work of the Board.
Funding necessary to support the Board shall be provided from federal funds, private contributions, and state funds appropriated for the same purposes of the Board, authorized by § 2.2-135 of the Code of Virginia. Direct costs for this Board are estimated at $20,000. Members of the Board shall serve without compensation and shall receive reimbursement for expenses incurred in the discharge of their official duties.
The Board shall meet at least quarterly upon the call of the Chairperson. The Board shall make an annual report to the Governor and shall issue such other reports and recommendations as it deems necessary or as requested by the Governor.
This Executive Order shall be effective upon its signing and shall remain in force and effect until June 30, 2010, unless amended or rescinded by further executive order.
Given under my hand and under the seal of the Commonwealth of Virginia this first day of July 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 84 (2009)
CONTINUING CERTAIN DECLARATIONS OF STATE OF EMERGENCY
Pursuant to the authority granted to me as Governor, including but not limited to Article V of the Constitution of Virginia and § 2.2 of the Code of Virginia, I hereby continue the following executive orders I have previously issued until June 30, 2010;
· Executive Order Number Fifty-six, Declaration of a State of Emergency for the Entire Commonwealth due to Hurricane Isabel, issued on September 16, 2004, as continued in Executive Order Number Twenty-six, issued on June 23, 2006 and Executive Order Number Eighty-eight, issued on June 13, 2005;
· Executive Order Number Fifty-four, Declaration of a State of Emergency to Assist Rockbridge County and the Town of Goshen Due to a Critical Water Shortage, issued on June 20, 2007, as continued in Executive Order Number Seventy-four, issued on July 3, 2008;
· Executive Order Number Sixty-four, Declaration of State of Emergency Arising from Heavy Winds and Severe Storms Throughout Virginia, issued on March 5, 2008, as continued in Executive Order Number Seventy-four, issued on July 3, 2008;
· Executive Order Number Sixty-five, Declaration on a State of Emergency for the Commonwealth of Virginia Due to Severe Weather throughout the Commonwealth, issued on April 28, 2008;
· Executive Order Number Seventy-five, Declaration of a State of Emergency in Support of the Emergency Management Assistance Compact to Respond to the Impact of Hurricane Gustav in the Gulf Coast States, issued on September 4, 2008; and
· Executive Order Number Seventy-seven, Declaration of a State of Emergency in Support of the Emergency Management Assistance Compact to Respond to the Impact Of Hurricane Gustav and Hurricane Ike in the Gulf Coast States, issued on September 18, 2008.
This Executive Order shall be effective upon its signing and shall remain in full force and effect until June 30, 2010, unless sooner amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this first day of July 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 85 (2009)
USE OF THE VIRGINIA WORKFORCE NETWORK FOR JOBS RESULTING FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AND THOSE BEING RECRUITED BY VIRGINIA STATE AGENCIES
It is essential that a statewide system be used to facilitate the recruitment of jobs by state agencies and for those direct jobs that result from the American Recovery and Reinvestment Act of 2009 (ARRA). Direct jobs are those jobs which are solely funded by the ARRA or at least fifty percent of the job is funded by ARRA project funds. Such a system facilitates the creation and identification of a ready workforce that fosters Virginia's economic prosperity in an efficient and effective manner.
The ARRA has several purposes including (1) to preserve and create jobs and promote economic recovery and (2) to assist those most impacted by the recession. Accordingly, it is incumbent on state government to connect workers to ARRA jobs and to be as efficient, effective and responsive as possible in making these connections.
Since 2006, the Commonwealth has focused resources on developing a comprehensive workforce development system including the establishment of the Virginia Workforce Network - the Commonwealth's transparent and comprehensive workforce center system designed to connect employers and jobseekers with the resources of the entire workforce investment system. Within the Virginia Workforce Network is Virginia Workforce Connection (VWC) - the official web site for employer vacancy listings.
By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and §§ 2.2-103 and 2.2-435.7 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby direct that Virginia Workforce Connection (VWC) be used by all state agencies, contractors and sub-recipients for the recruitment of direct jobs created by ARRA and for those in all state agencies, regardless of funding source. For state agency recruitment, vacancies shall be posted with the VWC via the State's Recruitment Management System. The jobs shall be posted at the maximum number of locations within the Virginia Workforce Network to ensure multiple access points for the ease of job seekers.
I further assign oversight to the Chief Workforce Development Officer or designated senior staff member in cooperation with the Workforce Sub Cabinet, to ensure implementation. The oversight process will be developed by the Workforce Sub Cabinet in cooperation with the Virginia Employment Commission (VEC), which is the administrative entity for the job exchange system.
Background
The Commonwealth of Virginia will receive a certain amount of funds under the ARRA. Some of these funds will be provided to non-state entities, individuals and some of these funds will be administered directly by state agencies or through state agency contractors and sub-recipients. Additionally, as a part of management and administration, state agencies engage in recruitment to fill job openings and state agency operations are supported by public funds. Executive Order Number Sixty-One (2008) charges the Workforce Sub Cabinet with ensuring Cabinet collaboration regarding workforce development as required by state and federal statute. One of the duties of the Workforce Sub Cabinet is to support the development and implementation of a seamless and integrated One Stop workforce service delivery system.
Job Posting Requirements
1. The VWC shall be used to post all jobs available.
2. Posting is not required where an employer, contractor or subcontractor of an ARRA-funded state contract intends to fill the job opening created by ARRA funding with a present employee, a laid-off former employee or a job candidate from a previous recruitment.
3. This Executive Order is not intended to prevent organizations and companies from also seeking needed employees by other means including industry specific employment programs.
4. The provisions of this Executive Order shall not apply to contracts advertised prior to the Order's effective date.
5. This posting requirement does not fulfill any ARRA reporting responsibility pertaining to jobs created or retained as otherwise required under the ARRA.
6. The VEC shall ensure that all ARRA jobs are identified as such on the VWC.
7. All state agencies shall post this Executive Order to their website and communicate its requirements to contractors and sub-recipients.
8. This Executive Order shall also be posted on the Commonwealth official ARRA web site.
Duties in Carrying Out This Executive Order
1. The Senior Advisor shall work with the Workforce Sub Cabinet in directing a process to inform the general public of jobs opportunities funded by ARRA funds. This will be done in collaboration with the Virginia - Community College System, which is the state grant recipient for the Workforce Investment Act (WIA) and the oversight agency for the Virginia Workforce Network.
2. The VEC shall provide the administrative support for the process. Instructions have been developed and are attached for state agencies, contractors and sub-recipients to follow in meeting the centralized job posting requirements of this Executive Order. VEC contact information is included in the instructions.
3. This Executive Order is not intended to promote the widespread creation of new positions at state agencies for the purposes of ARRA implementation.
4. The VEC in cooperation with the Senior Advisor shall report to the Workforce Sub Cabinet on the number of jobs listed by state agencies, contractors and sub-recipients that were created to support projects funded with ARRA funds.
5. The Department of General Services, the Virginia Information Technologies Agency, and state higher education institutions shall include the requirements in this Executive Order in the new and existing contracts for ARRA procurement actions. These terms and conditions apply to non-professional and professional services; telecommunications services; non-IT and IT goods and services; and to institutions of higher education that have procurement authority.
This Executive Order shall be effective upon its signing and shall remain in full force and effect until September 30, 2011, unless sooner amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 30th day of July 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 86 (2009)
CONTINUING THE P-16 EDUCATION COUNCIL
Importance of the Initiative
As the Commonwealth moves forward on a wide range of education reform initiatives from preschool to graduate school, it is more important than ever to coordinate the various reform efforts underway across the continuum of education. Students increasingly are moving from one educational system to the other, and the need for improved transitions between systems is greater than ever. Education is a shared responsibility of several citizen boards in the Commonwealth, and opportunities exist to collaborate on common problems in moving forward on education reform.
Virginia's reform efforts have been nationally recognized, including through the receipt of a National Governors Association Honor States Grant, funded by the Gates Foundation. As part of the efforts for implementing this grant, the Commonwealth will formalize its already strong efforts at coordinating education reform across the entire spectrum of education through a P-16 Council, to address education reform from preschool to graduate school.
The Council is created in full recognition of the Commonwealth's commitment to creating a seamless transition and ensuring effective articulation from preschool to graduate school, enabling students to meet high standards, preparing faculties to teach to high standards, and continuing to improve student achievement.
The Council
The Secretary of Education will chair the Council. It will consist of 22 members, appointed by the Governor and serving at his pleasure. The Council will consist of two members of the House of Delegates, two members of the Senate of Virginia, the Secretary of Education, the Superintendent of Public Instruction, the Director of the State Council of Higher Education, the Chancellor of the Virginia Community College System, the President of the Board of Education, the Chairman of the Virginia Community College Board, the Chairman of the State Council of Higher Education, a representative of private colleges, a preschool education representative, and 9 citizen members. The citizen members will include educators, and business and community leaders. The Governor may appoint additional persons to the Council at his discretion.
The Council's responsibilities shall include the following.
1. Identify opportunities to better coordinate the state's education reform efforts from preschool to graduate school.
2. Work closely with the Start Strong Council and other appropriate entities and organizations to ensure that pre-K and early childhood initiatives are coordinated with other education initiatives.
3. Identify opportunities to improve longitudinal data gathering on student achievement.
4. Serve as a steering committee for oversight of the state's education reform activities as part of the NGA Honor States Grant.
5. Develop approaches to improve transitions among levels of education, promote student success, and encourage students to continue their education.
6. Make recommendations on appropriate legislation and other initiatives to improve educational coordination and achievement.
7. Make any other recommendations as may seem appropriate.
The Council shall make a report of its activities and recommendations annually. The Council shall meet at the call of the chairman.
Commission Staffing and Funding
Necessary staff support for the Commission's work during its existence shall be furnished by the Office of the Governor, the Virginia Department of Education, the Virginia Community College System, the State Council of Higher Education for Virginia, the Department of Social Services, and such other agencies and offices as designated by the Governor. An estimated 3,000 hours of staff time will be required to support the Commission's work.
Necessary funding to support the Commission and its staff shall be provided from federal funds, private contributions, and state funds appropriated for the same purposes as the Commission, as authorized by § 2.2-135 of the Code of Virginia. Estimated direct costs for this Commission are $15,000.
Commission members shall serve without compensation and shall receive reimbursement for expenses incurred in the discharge of their official duties.
This Executive Order shall be effective upon signing, and shall remain in full force and effect until June 30, 2011, unless sooner amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia, this 30th day of July 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 87 (2009)
CONTINUING VIRGINIA'S INTERAGENCY
ANTI-GANG WORKGROUP
Importance of the Issue
Intelligence sources in Virginia indicate an emergence and growth of gangs and gang-related violent crimes in small cities and communities across the state. Areas once protected from the violent crime evident in larger cities have now become targets, making it an increasingly significant social policy issue. According to the Federal Bureau of Investigation, "Gangs are more organized, larger, more violent and more widespread than ever before." The Virginia Departments of Corrections, Juvenile Justice and State Police concur that gang activity in Virginia continues to be a significant public safety concern.
A recurring theme of gangs and gang activity is their propensity towards violence. Most are involved in all aspects of criminal activity including: drug distribution, murder, grand larceny and assault. Gangs and gang activity endanger all members of the community intensifying the necessity to address this problem.
It is well recognized that law enforcement alone cannot adequately address the problem of youth gangs. Strong anti-gang education and prevention efforts are essential to reducing gang membership. Children who have the active, involved support of adults and safe, positive places to be after school are less likely to join gangs.
Accordingly, it is appropriate that state government marshal all appropriate resources to combat this scourge.
Virginia's Interagency Anti-Gang Workgroup
While many localities have taken voluntary steps to address the gang problem within their communities, additional tools and resources are needed. Since its inception in January 2003, Virginia's Interagency Anti-Gang Workgroup has witnessed successful efforts in coordinating and leveraging resources to prevent and reduce gang activity in Virginia.
By the end of 2008, the Virginia State Police had identified 9,513 gang members affiliated with approximately 50 different gangs operating throughout Virginia. Of those, 549 individuals were arrested for criminal street gang activity, including 378 felony arrests and 171 misdemeanor arrests. The Department of Corrections created a database which had approximately 6,396 inmates identified as gang members associated with 341 gangs are present in Virginia's adult correctional institutions. The Department of Juvenile Justice's Gang Management Unit developed a comprehensive database to assist in identification and assessment of gang-involved youth. This Gang Management System had 196 identified gang members representing 30 gangs in our juvenile correctional facilities.
It is important to continue the collaboration between and among relevant state agencies and to foster achievement in gang reduction and prevention efforts. Accordingly, based on the consultation with and the best professional advice from the Secretaries of Education, Health and Human Resources and Public Safety and the Superintendent of State Police, I hereby continue Virginia's Interagency Anti-Gang Workgroup, to promote collaboration among relevant state agencies involved in gang reduction and prevention efforts.
Composition of the Workgroup
Virginia's Interagency Anti-Gang Workgroup shall operate under the direction of the Secretary of Public Safety, in coordination with Secretaries of Education and Health and Human Resources. Recognizing that anti-gang efforts encompass many state agencies, this workgroup shall consist of designees from the following agencies:
• The Commonwealth's Attorneys' Services Council
• The Department of Correctional Education
• The Department of Corrections
• The Department of Criminal Justice Services
• The Department of Education
• The Department of Health
• The Department of Juvenile Justice
• The Department of Mental Health, Mental Retardation, and Substance Abuse 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 Office of Commonwealth Preparedness
In addition, representatives from the Virginia Association of Commonwealth's Attorneys, the Richmond Behavioral Authority, the Virginia Association of Chiefs of Police, the Virginia Sheriffs' Association and Virginia Commonwealth University's Center for School-Community Collaboration will participate in this workgroup. Additional members may be appointed at the Governor's discretion.
Staff support for the Workgroup will be provided by the Office of the Secretary of Public Safety, the Governor's Office and such other agencies as may be designated by the Governor. All agencies of the Commonwealth will cooperate fully with the Workgroup and offer support as requested.
Duties of the Workgroup
The specific duties of Virginia's Interagency Anti-Gang Workgroup are to:
• Cultivate strong collaboration within and among every level of government regarding gang prevention strategies in Virginia;
• Prioritize, coordinate, and leverage Virginia's gang prevention resources to improve efficiency;
• Encourage and facilitate wider use of model programs and best-practice solutions for positive youth development throughout the Commonwealth;
• Provide training and tools to assist state and local prevention professionals, service providers, and the faith community in assessing needs, targeting resources, and planning services for youth and families;
• Disseminate gang-awareness information to citizens of the Commonwealth increasing their involvement in making local communities safe and fostering local opportunities for youth; and,
• Report to the Governor yearly by October 30, through the Secretary of Public Safety, regarding the Commonwealth's progress and achievements statewide in the area of gang prevention as well as any recommendations for strengthening the Commonwealth's anti-gang activities.
Effective Date of the Executive Order
This Executive Order shall be effective upon its signing and shall remain in full force and effect until June 30, 2010, unless amended or rescinded by further Executive Order.
Given under my hand this 30th day of July 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 88 (2009)
CONTINUING THE VIRGINIA CITIZEN-SOLDIER SUPPORT COUNCIL
Importance of Initiative
Our Citizen-Soldiers, the members of the Virginia National Guard and their families, along with the members of our Military Reserves and their families, continually make tremendous sacrifices in service to the Commonwealth and our great nation. These sacrifices and their service is something that should never be taken for granted. It is important that our citizen soldiers and their families receive fair and continuous services throughout Virginia.
Since 2003, the Virginia Citizen-Soldier Support Council has made great strides in assisting Virginia's military personnel and their families. The Council identified issues that significantly impacted their lives during deployment, and effectively initiated collaboration with the various support agencies to provide key services to assist the soldiers and their families. The essential contributions and sacrifices of these men and women are enormous and should continue to be recognized.
Virginia Citizen-Soldier Council
By virtue of the authority vested in me by Article V of the Constitution of Virginia and Section 2.2-134 of the Code of Virginia, I hereby continue the Virginia Citizen-Soldier Support Council. Council members shall be appointed by the Governor. Members shall include state legislators, the Secretary of Public Safety, the Secretary of Education or designee, the Secretary of Health and Human Resources or designee, the Assistant to the Governor for Commonwealth Preparedness or designee, the Commissioner of Veterans Services or his designee, a representative of the Joint Leadership Council, representatives from the Virginia National Guard and the Virginia Air National Guard, the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air Force Reserve, and the Coast Guard Reserve, local government officials, community business leaders, and representatives from Military Family Support Groups.
The Secretary of Public Safety shall serve as the chairman of the Council. The Council shall meet, at a minimum, quarterly upon the call of the chairman.
Members of the Council shall serve without compensation. They may receive reimbursement for expenses incurred in the discharge of their official duties.
The Council shall have the following powers and duties:
1. To increase awareness, involvement, and cooperation of the business community of Virginia in support of these military personnel and their families.
2. To increase awareness, involvement and cooperation of the state agencies in support of these military personnel and their families.
3. To increase awareness, involvement, and cooperation of non-government agencies and organizations in support of these military personnel and their families.
4. To increase awareness, involvement, and cooperation of local government in support of these military personnel and their families.
5. To increase awareness, involvement, and cooperation of major financial institutions in support of these military personnel and their families.
6. To increase awareness, involvement, and cooperation of general and mental health care providers in support of these military personnel and their families.
7. To increase awareness, involvement, and cooperation among members of the Virginia State Bar in support of these military personnel and their families.
8. To increase awareness, involvement, and cooperation of the Virginia Employer Support of the Guard and Reserve (ESGR) Committee in support of these military personnel and their families.
9. To increase awareness, involvement, and cooperation of Virginia Chambers of Commerce in support of these military personnel and their families.
Staff support shall be provided by the Secretary of Public Safety, the Department of Military Affairs, and such other agencies as may be designated by the Governor.
Effective Date of the Executive Order
This Executive Order shall become effective upon its signing and shall remain in full force and effect until June 30, 2010, unless amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 30th day of July 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 89 (2009)
CONTINUING THE PUBLIC SAFETY MEMORIAL COMMISSION
Importance of the Issue
Every day, brave men and women put on their uniforms and dedicate their lives to the protection of life and property throughout the Commonwealth. Virginia's Law Enforcement Officers, Firefighters, Corrections Officers, Emergency Medical Technicians and Emergency Management personnel serve our Commonwealth providing us with safety and security, and responding when we are in need.
Unfortunately, every year we mourn the loss of members of the public safety community. A Public Safety Memorial would be a meaningful and fitting honor to Virginia's fallen heroes giving the friends and family of the men and women who have died in the line of duty a place to remember them, and to give Virginians a memorial to honor and respect those who have made the ultimate sacrifice serving our society.
The Public Safety Memorial Commission
Virginia is one of only ten states in the country without a state-level memorial honoring public safety personnel who have died in the line of duty. Since 2007, the Public Safety Memorial Commission has made great strides in studying and recommending an appropriate location for the Commonwealth to commemorate the courage and sacrifice of the members of Virginia's public safety community with a memorial. The Commission will select a memorial design from six final submissions in September 2009. Accordingly, so that it may complete the building of this memorial, I hereby continue the Public Safety Memorial Commission, to honor these men and women who have died while serving Virginia.
Composition of the Commission
The Public Safety Memorial Commission shall be chaired by the Secretary of Public Safety. Recognizing that these efforts will require the work of individuals across a broad spectrum of professions and expertise, the Commission shall consist of the Secretary of Administration, representatives from state agencies, representatives from the General Assembly, and members of the public safety community appointed by the Governor and serving at his pleasure. Additional members may be appointed at the Governor's discretion.
Members of the Commission shall serve without compensation, but they may receive reimbursement for expenses incurred in the discharge of their official duties.
Charge for the Commission
I hereby direct the Commission to study and recommend to the Governor and General Assembly an appropriate memorial in Darden Garden (Lat: 37°32'23.76"N, Long: 77°26'1.47"W) for the Commonwealth to commemorate the courage and sacrifice of Virginia's Public Safety personnel.
I further direct that all agencies of the Commonwealth provide any assistance that may be requested by the Commission. Staff support for the Commission shall be provided by the Office of the Secretary of Public Safety, and such other agencies as may be designated by the Governor.
This Executive Order shall become effective upon its signing and shall remain in full force and effect until June 30, 2010, unless amended or rescinded by further executive order.
Given under my hand and under the seal of the Commonwealth of Virginia this 30th day of July, 2009.
/s/ Timothy M. Kaine
Governor
