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Preview: Governor Baldacci's Executive Orders

Maine Governor's Executive Orders



Executive Orders issued by the Governor of Maine.



Copyright: Copyright 2016 All rights reserved.
 



An Order to Enhance Collaboration and Efficiencies between Natural Resources Enforcement Agencies

Thu, 01 Sep 2016 11:29:51 EDT

AN ORDER TO ENHANCE COLLABORATION AND EFFICIENCIES BETWEEN NATURAL RESOURCES ENFORCEMENT AGENCIES WHEREAS, Maine's environment and natural resources are a fundamental part of our lives as Mainers and our State's economy; and WHEREAS, proper enforcement of our natural resources laws ensures that these assets are managed for the benefit of all Mainers; and WHEREAS, the protection of Maine's natural resources is the charge of multiple Cabinet-level Departments; and WHEREAS, while they perform unique missions, Maine's natural resources enforcement agencies have similarities in areas such as training, professional association memberships and equipment. Moreover, these agencies regularly collaborate to undertake joint enforcement, investigations and other work; and WHEREAS, the Executive Branch takes seriously its charge to be a wise steward of the taxpayers' money by identifying opportunities for collaboration and achieving efficiencies within the management of the Executive Branch; NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct the Department of Inland Fisheries and Wildlife, Enforcement Operations; Department of Marine Resources, Bureau of Marine Patrol; and Department of Agriculture, Conservation and Forestry, Division of Forest Protection to continue present efforts to maximize collaboration and efficiencies to the extent practical through the following strategies: 1. Leverage memberships in professional associations while minimizing costs by sharing relevant association information among agencies; 2. Collaborate on cross-agency grant opportunities; 3. Undertake joint public education campaigns when such efforts touch upon subject matter that overlaps the jurisdiction of multiple agencies (e.g., boating safety campaign); 4. Engage in joint planning activities for those activities that call for the creation of an advance plan (e.g., State Search and Rescue Plan); 5. Engage in joint training opportunities and, when one agency has expertise, qualifications or certifications relevant to other agencies, provide training to other agencies; 6. Maximize the sharing of equipment and facilities between agencies, including the joint use of equipment as well as providing maintenance and repair services across agencies; 7. Look to other natural resources enforcement agencies first when selling or disposing of equipment that might complement the mission of another agency; 8. Maximize opportunities for joint transportation to remote areas of the State (e.g., North Maine Woods and outer islands); 9. Undertake joint searches when appropriate; 10. Undertake joint enforcement activities and joint investigations of violations of Maine's natural resources laws when appropriate; and 11. Additional strategies developed by the agencies to enhance collaboration and to achieve inter-agency efficiencies. When working collaboratively, agencies must consider the seasonal and geographic needs of other agencies, as staffing can vary greatly from geography to geography and from season to season. Many natural resources industries are seasonal and enforcement staff work within this seasonality. When making a request for support or an offer of assistance, an agency should understand the constraints of other agencies. Further, I do hereby direct the Chief of Maine Warden Service, the Chief of the Maine Marine Patrol and the Chief of the Maine Forest Rangers to meet two times each year to discuss strategies to further collaborate and achieve efficiencies. The results of each of these meetings are to be reported to the Commissioners of the respective Departments and to the Governor. Further, I do hereby direct the Chief of Maine Warden Service, the Chief of the Maine Marine Patrol and the Chief of the Maine Forest Rangers to explore the possibility of creating a separate class of natural resources enforcement officer that is cross-trained in the mission served by all three Departments that can be dispatched to any of these agencies according to need. Any statutory, regulatory, contractual o[...]



An Order Establishing the State Information Technology Governance Committee

Thu, 01 Sep 2016 11:30:11 EDT

AN ORDER ESTABLISHING THE STATE INFORMATION TECHNOLOGY GOVERNANCE COMMITTEE

WHEREAS, the State of Maine spends approximately $145 million per year on information technology (IT); and

WHEREAS, State agencies have increasingly depended on reliable and secure technology systems in order to optimally serve the people of Maine; and

WHEREAS, it is the position of the Administration that technology should be leveraged to achieve a more efficient and effective state government; and

WHEREAS, it is essential that IT expenditures are made strategically to support the State's technology goals and priorities; while strengthening our security; and

WHEREAS, the most effective way to implement the IT goals of the State is to ensure communication, coordination and collaboration at the highest levels of state government;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby establish the State Information Technology Governance Committee for the purpose of ensuring strategic IT planning and spending, as follows:

1. The State Information Technology Governance Committee shall be composed of seven members, with five permanent members and two members rotating on an annual basis. The permanent membership of the Committee shall include a member of the Governor's staff, the Commissioner of the Department of Administrative and Financial Services, the Commissioner of the Department of Health and Human Services, the Commissioner of the Department of Labor, and the Chief Information Officer. One of the remaining positions on the Committee shall be filled by the Commissioner of the Department of Education, the Commissioner of the Department of Transportation, or the Commissioner of the Department of Public Safety on an annual, rotating basis. The remaining position on the Committee shall be filled by a Commissioner or Director from the other Cabinet Level agencies on an annual, rotating basis. The Chief Information Officer shall serve as Chair of the Committee.

2. The Committee shall:

(a) endorse a strategic, enterprise-wide plan for the State's IT needs; (b) prioritize and make recommendations concerning IT investment; (c) suggest a plan for adoption of tools and practices for operational efficiency; (d) monitor IT performance and benefits across all state agencies; (e) advise IT risk management including the areas of cybersecurity and disaster recovery; (f) review vendor management and IT projects costing over $1 million, or other strategic IT investments as determined by the committee; and (g) review application development and investments to ensure compliance with the enterprise-wide plan for IT needs; and (h) make recommendations regarding the status, recruitment and retention of the State's IT workforce.

3. The Committee shall report its recommendations directly to the Governor on a quarterly basis.

The effective date of this Executive Order is August 31, 2016.




An Order Regarding Unfunded Legislative Mandates and Legislative Misallocations

Thu, 30 Jun 2016 10:11:09 EDT

AN ORDER REGARDING UNFUNDED LEGISLATIVE MANDATES AND LEGISLATIVE MISALLOCATIONS WHEREAS, the Constitution of the State of Maine requires a balanced budget; and WHEREAS, the Legislature typically complies with this balanced budget requirement by adopting and following budget procedures to prevent the enactment of unfunded mandates on State agencies and to prevent the misallocation of funds by ensuring funding is drawn from relevant accounts; and WHEREAS, when the Legislature requires a State agency to undertake some work or enter into a contract, resources are inevitably expended; and WHEREAS, from time to time, the Legislature ignores the principles of sound budgeting by removing fiscal notes and directing State agencies to "absorb costs within existing resources;" and WHEREAS, from time to time, the Legislature also ignores the principles of sound budgeting by directing that new spending be offset via funds for wholly unrelated purposes, disrupting the operations of State government that rely on those accounts; and WHEREAS, the Legislature enacted LD 1552, An Act to Reduce Morbidity and Mortality Related to Injected Drugs, legislation that requires $75,000 annually to implement a needle exchange program for drug addicts without any funding, but merely the requirement that the Maine Center for Disease Control and Prevention "absorb" the costs of this mandate "within existing budgeted resources;" and WHEREAS, the Legislature enacted LD 1465, Resolve, to Require the Department of Health and Human Services to Conduct a Study of Ambulance Services, legislation that requires the Department of Health and Human Services to contract with a third-party consultant at the cost of $75,000 to $100,000 without providing any funding to pay this contract; and WHEREAS, the Legislature enacted LD 1645, An Act to Address Employee Recruitment and Retention Issues at State Mental Health Institutions, legislation that mandates pay raises for certain employees at State mental health facilities and offsets these costs by authorizing a transfer of funds from the General Fund Salary Plan; and WHEREAS, a further reduction of funding for the General Fund Salary Plan would negatively impact the Executive Branch's ability to enter into future collective bargaining negotiations with State employees; and WHEREAS, the Governor will not sign any future financial order authorizing the transfer of funds from the General Fund Salary Plan to offset the costs of pay raises at State mental health institutions; and WHEREAS, the Legislature enacted LD 1614, Resolve, to Provide Funding for the County Jail Operations Fund, legislation de-appropriating over $2.4 million from Payments to Medical Care Providers in order to fund operations at county and regional jails; and WHEREAS, sound fiscal management requires Executive direction to mitigate the impacts of this legislation; NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct the Department of Health and Human Services to undertake any of the following actions or a combination of the following actions to fund the implementation of the aforementioned legislation in a fiscally prudent manner: 1. Transfer any remaining balances within the Low-Cost Drugs to Maine's Elderly Program;2. Transfer any funding that can be generated by a redistribution of a Fund for a Healthy Maine; and3. Transfer any savings that can be created by actively managing personal services at State mental health institutions, which includes implementing a hiring freeze and other cost-saving measures Department-wide. These actions, which are designed to mitigate the budget impacts of unfunded legislative mandates and legislative misallocations, shall remain in effect through the remainder of Fiscal Year 2016-17 or until the Legislature acts to provide appropriate funding for these initiatives. The effective date of this Executive Order is June 30, 2016. [...]



An Order Regarding the Use of Ethanol in Gasoline

Mon, 20 Jun 2016 13:27:19 EDT

AN ORDER REGARDING THE USE OF ETHANOL IN GASOLINE

WHEREAS, federal mandates have resulted in increased domestic production and use of ethanol in gasoline; and

WHEREAS, vehicle emissions are a significant contributor to pollutants affecting Maine's air quality; and

WHEREAS, it is essential to understand the environmental and human health effects of emissions produced by the combustion of ethanol containing gasoline;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby direct all State agencies to implement a purchasing preference for gasoline blended with five percent or less of ethanol, when that fuel is of a comparable cost to gasoline blended with a higher concentration of ethanol.

Further, I do hereby direct the Office of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services, in collaboration with the Department of Environmental Protect, to undertake a review of scientific literature regarding the human health effects of emissions produced by the combustion of ethanol containing gasoline and the effect of increasing ethanol blends on emissions. The Office of the Maine Center for Disease Control and Prevention is further directed to provide the Governor with a report regarding its findings by January 1, 2017. The effective date of this Executive Order is June 16, 2016.




An Order to Promote the Hiring of Skilled Veterans in The State Of Maine

Thu, 17 Mar 2016 09:43:20 EDT

2016-002 March 17, 2016

AN ORDER TO PROMOTE THE HIRING OF SKILLED VETERANS IN THE STATE OF MAINE

WHEREAS, veterans have gained valuable trade skills in the course of serving in the armed forces of the United State of America;

WHEREAS, in order to ensure that people who work in certain trades are competent, the State of Maine mandates that people who work in certain trades obtain the appropriate licensure;

WHEREAS, it would benefit veterans and the State of Maine to have a process whereby veterans who have gained skills can obtain the appropriate licensure;

WHEREAS, such a process is underway and it is necessary to examine the progress of that effort;

WHEREAS, the State of Maine is an employer that is interested in employing more veterans who are qualified to perform the work of the State;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:

1. The Governor's Veterans' Licensing Review Panel is hereby established;

2. The membership of the Review Panel shall consist of nine (9) persons appointed by the Governor including:

a. The Commissioner of the Department of Professional and Financial Regulation, who shall serve as chair;

b. The Adjutant General or the General's designee from the Maine Army or Air National Guard;

c. The Director of the Bureau of Veterans Services or the Director's designee;

d. The Director of the Bureau of Human Resources or the Director's designee;

e. A member representing the Department of Labor;

f. A member representing the Office of the Secretary of State;

g. A member representing the Community College system;

h. A member representing the University of Maine system;

i. A member who serves on a licensing board in a medically-related field or a staff member designated by one such board; and

j. A member who serves on one of the other licensing boards or a staff member designated by one such board; All Review Panel members shall serve at the pleasure of the Governor and all members shall serve without compensation. Members of the Review Panel who are listed from (a) to (e) above shall provide support from members of their respective departments as needed;

3. The Review Panel shall:

a. conduct a review of the processes by which licensing boards are reviewing the applications of veterans who have subject matter expertise in their given fields;

b. identify rules, practices, and procedures that may be used by licensing boards that are unduly and unnecessarily burdensome;

c. issue a report to the Governor on or before February 1, 2017, which shall include the results of its review in each of the above-listed areas as well as recommendations for improvement in laws, rules, practices, and/or procedures identified as causing or contributing to the problems identified. If the Review Panel requires more time in which to finalize the report, then the members may have no more than a two (2) month extension in which to complete it;

4. Pursuant to Title 1, section 402, subsection 2, paragraph F, the meetings of this Review Panel are not "public proceedings" subject to Maine's Freedom of Access Act; and

5. Further, the Director of the Bureau of Human resources is directed to develop a policy by which any veteran who applies for a job with the State of Maine, self- identifies as a veteran or service member during the application process, and is ultimately not hired for that job receives guidance on other State of Maine openings for which that the veteran may be qualified to apply. The effective date of this Executive order is March 17, 2016.

Paul R. LePage Governor



An Order Re-establishing the State Procurement Review Committee

Wed, 09 Mar 2016 13:42:14 EST

2016-001 March 3, 2016 AN ORDER RE-ESTABLISHING THE STATE PROCUREMENT REVIEW COMMITTEEWHEREAS, it is the intention of the Administration to maintain a balanced state budget and to restore that balance as rapidly as possible whenever it appears threatened; andWHEREAS, it is prudent to oversee the expenditures of State agencies in the purchase of goods and services, without unduly disrupting public services; andWHEREAS, it is essential that all State agency purchases of goods and services be implemented in as efficient and cost-effective manner as possible, consistent with applicable State and Federal laws and guidelines; andWHEREAS, administrative review by the expert State procurement agencies and the Governor's Office of all major purchases of goods and services by State agencies is necessary in order to ensure prudent financial and operations management; andWHEREAS, it is prudent that departments and agencies have the benefit of legal advice regarding their procurement and contracting;NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby repeal Executive Order 07 FY 10/11 and re-establish the State Procurement Review Committee for the administrative review and authorization of all major State agency purchases of goods and services that are subject to the jurisdiction of the Division of Purchases, Department of Administrative and Financial Services, as follows: Membership The State Procurement Review Committee shall be composed of the Governor's Chief Legal Counsel, or designee, and the following members of the Department of Administrative and Financial Services: The Director of the Division of Purchases (hereinafter, "the Director"), or designee, who shall serve as Committee Chair; the State Budget Officer, or designee; and the State Controller, or designee. The Chief Information Officer, or designee, shall be an additional member when the matter under consideration is related to information technology subject to his/her authority under 5 M.R.S.A. Chapter 163, Subchapter I. Responsibilities A. State departments and agencies subject to 5 MRSA, Chapter 155, shall submit to the Committee for approval, through the Director, all requests for proposals, whether for contracts for services or grant programs, as well as any contract for service or grant renewals or amendments valued at $1 million or more. Requests for proposals, grant awards and contracts of less than $1 million in value may be approved at the discretion of the Director, who is authorized to require additional review by one or more additional Committee members, at the Director's discretion. B. State Departments or agencies which intend to enter into a contract that will be subject to the Committee's approval, before issuing a public request for proposals or bids or, in the case of an existing contract, before seeking approval to renew, extend, amend or otherwise alter the contract, may timely request and obtain legal advice from the Attorney General regarding the terms of the proposal whenever more than $3 million could reasonably be expected to be expended as a result of the request for proposals or bids or as a result of the contract, renewal, extension, amendment or other change that is being proposed for approval by the Committee. C. The State Procurement Review Committee may timely seek legal advice from the Attorney General regarding any proposed contract when the Committee determines the contract: (1) may expose the State to substantial risk in the event of nonperformance; or (2) could reasonably be expected to incur cost to the state in excess of $3 million over the full term of the proposed contract, exclusive of extensions or amendments. The Committee also may seek legal review by and consult with the Attorney General on any contractual matter subject to the Committee's approval. D. The State Procurement Review Committee and the Director may approve the award of any grant or contract[...]



An Order Establishing the Governor's Panel to Review and Make Recommendations for Improvement of the Maine Human Rights Commission and its Operations

Fri, 20 Nov 2015 16:09:36 EST

2015-013 November 13, 2015 AN ORDER ESTABLISHING THE GOVERNOR'S PANEL TO REVIEW AND MAKE RECOMMENDATIONS FOR IMPROVEMENT OF THE MAINE HUMAN RIGHTS COMMISSION AND ITS OPERATIONSWHEREAS, the Maine Human Rights Commission ("MHRC") is the administrative, governmental agency charged with enforcing the Maine Human Rights Act ("MHRA"), 5 MRS §§4551, et. seq.; WHEREAS, the MHRA protects the opportunity for an individual to secure employment without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin; WHEREAS, the MHRA protects the opportunity for an individual to secure housing in accordance with the individual's ability to pay, and without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status; WHEREAS, the MHRA protects the opportunity for every individual to have equal access to places of public accommodation without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry or national origin; WHEREAS, the MHRA protects the opportunity for every individual to be extended credit without discrimination solely because of any one or more of the following factors: age; race; color; sex; sexual orientation; marital status; ancestry; religion or national origin; WHEREAS, the MHRA protects the opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race; WHEREAS, there is perception in the Maine business community that the MHRC generally views respondents as culpable before any investigation has been conducted;   WHEREAS, there is perception in the Maine business community that the MHRC generally views complainants as truthful without affording respondents the same consideration; WHEREAS, there is a perception in the Maine business community that the MHRC investigatory procedures, fact finding conferences, and settlement conferences are generally unfair to respondents, holding them to a higher standard of proof than complainants; WHEREAS, there is a perception in the Maine business community that the MHRC unduly pressures respondents to settle complaints regardless of their culpability; WHEREAS, there is a perception in the Maine business community that the MHRC, through its agents, is more flexible in the application of its rules toward complainants than toward respondents; WHEREAS, the MHRC, through its agents, has implemented investigatory procedures that are overly and unnecessarily burdensome to respondents, particularly during the early stages of the investigatory process; WHEREAS, the MHRC has upheld a finding of reasonable grounds upon which to find discrimination in at least one case where it had actual knowledge that the evidence it relied on and considered "critical" to the investigation was incomplete and inaccurate; WHEREAS, it appears that the MHRC, through its agents, has, in at least one case, unfairly excluded and refused to consider evidence properly submitted for consideration by the MHRC; WHEREAS, it is necessary to undertake a review of the MHRC's structure and operation to identify factors causing and/or contributing to the perceptions of prejudice against respondents and bias in favor of complainants, to identify rules, practices, and procedures that are unduly and unnecessarily burdensome, and to identify rules, practices, and/or procedures that are unfair; WHEREAS, it is necessary to undertake this review in order to identify problems areas and make recommendations for change in order to ensure fairness and impartiality in the administra[...]



An Order Respecting Joint Sovereignty and Interdependence

Wed, 14 Oct 2015 16:51:14 EDT

2015-012 October 14, 2015

AN ORDER RESPECTING JOINT SOVEREIGNTY AND INTERDEPENDENCE

WHEREAS, the State of Maine is a sovereign state in its own right;

WHEREAS, the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of Micmacs, and the Houlton Band of Maliseets are sovereigns in their own right;

WHEREAS, the relationship between the State of Maine and the individual Tribes is a relationship between equals, each with its own set of responsibilities;

WHEREAS, all tribe members, Indian nations, and tribes and bands of Indians in the State and any lands or other natural resources owned by them or held in trust for them are subject to the laws of the State and to the civil and criminal jurisdiction of the courts of the State to the same extent as any other person or lands or other natural resources therein;

WHEREAS, previous efforts by the Governor on behalf of the State of Maine to promote collaboration and communication with the Tribes have proved to be unproductive because the State of Maine's interests have not been respected in the ongoing relationship between sovereigns;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:

1. Executive Order 21 FY 11/12, dated August 26, 2011, is hereby rescinded, effective immediately.

2. Nothing in this Order creates or establishes any right, benefit, or trust responsibility, substantive or procedural, enforceable at law by a party against the State of Maine, its agencies, or any person.

The effective date of this Executive Order is October 14, 2015.

Paul R. LePage, Governor




Wed, 14 Oct 2015 16:46:32 EDT

2015-012 October 14, 2015

AN ORDER RESPECTING JOINT SOVEREIGNTY AND INTERDEPENDENCE

WHEREAS, the State of Maine is a sovereign state in its own right;

WHEREAS, the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of Micmacs, and the Houlton Band of Maliseets are sovereigns in their own right;

WHEREAS, the relationship between the State of Maine and the individual Tribes is a relationship between equals, each with its own set of responsibilities;

WHEREAS, all tribe members, Indian nations, and tribes and bands of Indians in the State and any lands or other natural resources owned by them or held in trust for them are subject to the laws of the State and to the civil and criminal jurisdiction of the courts of the State to the same extent as any other person or lands or other natural resources therein;

WHEREAS, previous efforts by the Governor on behalf of the State of Maine to promote collaboration and communication with the Tribes have proved to be unproductive because the State of Maine's interests have not been respected in the ongoing relationship between sovereigns;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:

1. Executive Order 21 FY 11/12, dated August 26, 2011, is hereby rescinded, effective immediately.

2. Nothing in this Order creates or establishes any right, benefit, or trust responsibility, substantive or procedural, enforceable at law by a party against the State of Maine, its agencies, or any person.

The effective date of this Executive Order is October 14, 2015.

Paul R. LePage, Governor




An Order Regarding the Safe, Reasonable Use of Chemicals

Wed, 14 Oct 2015 16:37:42 EDT

2015-011 October 14, 2015

AN ORDER REGARDING THE SAFE, REASONABLE USE OF CHEMICALS

WHEREAS, the reasonable use of chemicals is often in the interest of the citizens of the State of Maine;

WHEREAS, the government of the State of Maine promotes the reasonable use of chemicals in the appropriate circumstances;

WHEREAS, employees of Maine State Government should be trusted to ensure that the correct chemicals are used for a given project in a safe and efficient manner;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:

1. Executive Order 12 FY 06/07, dated February 22, 2006, as amended by Executive Order 16 FY 06/07, dated June 27, 2006, is hereby rescinded, effective immediately.

The effective date of this Executive Order is October 14, 2015.

Paul R. LePage, Governor



An Order Establishing the Governor's Panel to Review and Make Recommendations for Improvement of the Maine Human Rights Commission and its Operations

Wed, 14 Oct 2015 16:32:30 EDT

2015-009 October 14, 2015 AN ORDER ESTABLISHING THE GOVERNOR'S PANEL TO REVIEW AND MAKE RECOMMENDATIONS FOR IMPROVEMENT OF THE MAINE HUMAN RIGHTS COMMISSION AND ITS OPERATIONSWHEREAS, the Maine Human Rights Commission ("MHRC") is the administrative, governmental agency charged with enforcing the Maine Human Rights Act ("MHRA"), 5 MRS 4551, et. seq.; WHEREAS, the MHRA protects the opportunity for an individual to secure employment without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin; WHEREAS, the MHRA protects the opportunity for an individual to secure housing in accordance with the individual's ability to pay, and without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status; WHEREAS, the MHRA protects the opportunity for every individual to have equal access to places of public accommodation without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry or national origin; WHEREAS, the MHRA protects the opportunity for every individual to be extended credit without discrimination solely because of any one or more of the following factors: age; race; color; sex; sexual orientation; marital status; ancestry; religion or national origin; WHEREAS, the MHRA protects the opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race; WHEREAS, there is perception in the Maine business community that the MHRC generally views respondents as culpable before any investigation has been conducted; WHEREAS, there is perception in the Maine business community that the MHRC generally views complainants as truthful without affording respondents the same consideration; WHEREAS, there is a perception in the Maine business community that the MHRC investigatory procedures, fact finding conferences, and settlement conferences are generally unfair to respondents, holding them to a higher standard of proof than complainants; WHEREAS, there is a perception in the Maine business community that the MHRC unduly pressures respondents to settle complaints regardless of their culpability; WHEREAS, there is a perception in the Maine business community that the MHRC, through its agents, is more flexible in the application of its rules toward complainants than toward respondents; WHEREAS, the MHRC, through its agents, has implemented investigatory procedures that are overly and unnecessarily burdensome to respondents, particularly during the early stages of the investigatory process; WHEREAS, the MHRC has upheld a finding of reasonable grounds upon which to find discrimination in at least one case where it had actual knowledge that the evidence it relied on and considered "critical" to the investigation was incomplete and inaccurate; WHEREAS, it appears that the MHRC, through its agents, has, in at least one case, unfairly excluded and refused to consider evidence properly submitted for consideration by the MHRC; WHEREAS, it is necessary to undertake a review of the MHRC's structure and operation to identify factors causing and/or contributing to the perceptions of prejudice against respondents and bias in favor of complainants, to identify rules, practices, and procedures that are unduly and unnecessarily burdensome, and to identify rules, practices, and/or procedures that are unfair; WHEREAS, it is necessary to undertake this review in order to identify prob[...]



An Order Updating the State of Maine Emergency Response and Disaster Recovery Teams

Wed, 14 Oct 2015 16:57:51 EDT

2015-010 October 14, 2015 AN ORDER UPDATING THE STATE OF MAINE EMERGENCY RESPONSE AND DISASTER RECOVERY TEAMSWHEREAS, prevention of damage, injury, and loss of life or property, and providing assistance to individuals and businesses after events that cause these losses is among the highest priorities of the state government; WHEREAS, several state agencies share responsibility for state emergency preparedness, response, and recovery; WHEREAS, the State of Maine, pursuant to 37B MRSA, Chapters 13, 15, and 19, is required to have emergency preparedness plans for all potential hazards-natural, technological, and human-caused-and to plan for and coordinate assistance operations after disasters; WHEREAS, the Maine Emergency Management Agency, pursuant to 37B MSRA, Chapter 13, is charged with the responsibility of preparing and maintaining the State of Maine Comprehensive Emergency Management Plan (CEMP); and WHEREAS, the CEMP describes the responsibilities and participation of appropriate state agencies; NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows: PART A 1. The State Emergency Response Team (ERT) is hereby established. 2. The ERT is organized into fifteen (15) Emergency Support Functions and serves the following purposes: a. Assists with the preparation of the State Emergency Operations Plan (EOP), a part of the CEMP; b. Responds to area or statewide emergencies by reporting to the State Emergency Operations Center (EOC) to coordinate the efforts of State agencies and other ad hoc organizations; and c. Assists in appropriate response efforts. 3. The membership of the ERT shall include sixteen (16) persons as follows: a. Director of the Maine Emergency Management Agency, as Chair; b. Commissioner of the Department of Administrative and Financial Services; c. Commissioner of the Department of Agriculture, Conservation and Forestry; d. Commissioner of the Department of Defense, Veterans and Emergency Management; e. Commissioner of the Department of Education; f. Commissioner of the Department of Environmental Protection; g. Commissioner of the Department of Health and Human Services; h. Commissioner of the Department of Inland Fisheries and Wildlife; i. Commissioner of the Department of Labor; j. Commissioner of the Department of Marine Resources; k. Commissioner of the Department of Public Safety; l. Commissioner of the Department of Transportation; m. Executive Director of the Maine Turnpike Authority; n. Chair of the Public Utilities Commission; o. Chief Executive Officer of the American Red Cross in Maine; and p. Representative of the Governor's Office. 4. The members of the ERT may assign their duties under this Order to a designee by informing the Chair in writing. The Chair may appoint ad hoc members to the ERT including non-State agencies such as in-state representatives of Federal agencies, non-governmental community organizations, and private sector organizations, as necessary. 5. The duties of each member of the ERT, at the request of the Chair, are as follows: a. Provide assistance and information to prepare or update portions of the State EOP and other implementing instructions applicable to that team member's agency; b. Participate in training to prepare for emergency response operations; c. Participate in exercises to test the State EOP and the team's readiness to assist in the response to a disaster; d. Respond, in the event of a disaster, to the State EOC or other location; e. Assist in coordinating the response of State agencies in the event of a disaster or other emergency; and f. Implement other responsibilities outlined in the State EOP. PART B 1. The State Disaster Recovery Team (DRT) is hereby e[...]



An Order to Rescind Recent Executive Orders that will be Reissued

Wed, 14 Oct 2015 16:22:15 EDT

2015-008 October 14, 2015

AN ORDER TO RESCIND RECENT EXECUTIVE ORDERS THAT WILL BE REISSUED

WHEREAS, it is necessary for the good order of the Executive Branch that the Governor issue executive orders when necessary;

WHEREAS, every person in the State of Maine has a right to know the substance of the executive orders that are issued; and

WHEREAS, Executive Orders 2015-004, 2015-005, 2015-006, and 2015-007 were issued earlier this year with limited publicity;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby order and direct as follows:

Executive Orders 2015-004, 2015-005, 2015-006, 2015-007, are hereby rescinded.

This Executive Order is effective immediately upon signature. Paul R. LePage, Governor




An Order Establishing the Governor's Civil Service Review Panel

Tue, 06 Oct 2015 13:32:35 EDT

2015-001 February 5, 2015

AN ORDER ESTABLISHING THE GOVERNOR'S CIVIL SERVICE REVIEW PANEL

WHEREAS, state agencies provide services to the people of Maine and employ those interested in public service;

WHEREAS, state agencies' employment practices are governed by civil service law and rules promulgated pursuant to law;

WHEREAS, civil service law and rules have not been reviewed in decades and have, in some cases, become obsolete;

WHEREAS, it is necessary to undertake a review of the civil service system in order to modernize employment practices to attract and retain talented people interested in providing the best service to the people of Maine;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:

1. The Governor's Civil Service Review Panel is hereby established;

2. The membership of the Review Panel shall consist of nine (9) persons appointed by the Governor including:

a. Three (3) persons with management experience in the private, business sector;

b. Three (3) persons with management experience in the public sector;

c. Two (2) persons attorneys who have experience in either management, labor law, or both; and

d. One (1) person affiliated with a labor union. The Governor shall appoint one member of the Review Panel to serve as Chair. All Review Panel members shall serve at the pleasure of the Governor and all members shall serve without compensation. 3. The Review Panel shall:

a. conduct a review and identify new, best practices that should be propagated and implemented across the executive branch; and

b. issue a report back to the Governor on or before May 1, 2015, to include its recommendations as to changes that need to be made to civil service law and rules pursuant to this initiative.

4. Pursuant to Title 1, section 402, subsection 2, paragraph F, the meetings of this Review Panel are not "public proceedings" subject to Maine's Freedom of Access Act.

The effective date of this Executive order is February _____, 2015. Paul R. LePage, Governor



An Order to Amend the Requirements to Serve on the Governor's Select Committee on Judicial Appointments

Tue, 03 Mar 2015 13:33:17 EST

AN ORDER TO AMEND THE REQUIREMENTS TO SERVE ON THE GOVERNOR'S SELECT COMMITTEE ON JUDICIAL APPOINTMENTS

WHEREAS, Article V, part I, section 8 of the Constitution of Maine vests the Governor with the power to nominate and, subject to confirmation, appoint specified Maine judicial officers; and

WHEREAS, there is established the Governor's Select Committee on Judicial Appointments (hereinafter "Committee"), which Committee was reestablished on 10 February 1995 through Executive Order 9 FY 94/95, and amended by Executive Order 12 FY 02/03, Executive Order 39 FY 04/05 and Executive Order 20 FY 06/07; and

WHEREAS, the restructuring of the Committee to allow for appointment of a member who, will serve as a representative from the Governor's Office, will expedite the judicial selection process; and

WHEREAS, a well-rounded Committee representing may interests in the judiciary will help ensure the nomination and appointment of the most qualified candidates to represent the State of Maine as judicial officers;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, do hereby amend Executive Orders 9 FY 94/95, 12 FY 02/03, 39 FY 04/05, and 20 FY 06/07:

By amending the Membership as follows:

All members of the Committee must be citizens of the State of Maine who:

(1) maintain a license in good standing to practice law in the State of Maine; or (2) participate substantially, or have participated substantially in the past, as a layperson in the judicial or legal system, whether by profession or by volunteer activities; or (3) demonstrate superior knowledge and interest in matters involving the evaluation and selection among a pool of qualified candidates for professional positions, and, who have exhibited those qualities in their private and professional lives which would assist them in evaluating candidates for judicial office; or (4) serve as a representative of the Governor's Office.

In all other respects, the terms of Executive Order 9 FY 94/95 as amended by Executive Order 12 FY 02/03, Executive Order 39 FY 04/05, and Executive Order 20 FY 06/07 remain the same.

The effective date of this Executive order is February , 2015.

Paul R. LePage, Governor