Saturday, January 11, 2014

Gov. McAuliffe signs executive order delegating emergency powers to Chief of Staff

Governor Terry McAuliffe signed Executive Orders Number 3 and 4 on Saturday. These orders are intended to ensure continuity of government in the event of a state emergency where the Governor is incapacitated or cannot be reached by designating certain powers to his Chief of Staff in those circumstances.

The text of Executive Orders Number 3 and 4 is as follows:

NUMBER THREE (2014) 

AUTHORITY AND RESPONSIBILITY OF THE CHIEF OF STAFF 

Importance of the Initiative

By virtue of the authority vested in me as Governor under Article V, Sections 1, 7, 8, and 10 of the Constitution of Virginia and Sections 2.2-100 and 2.2-104 of the Code of Virginia, and subject always to my continuing ultimate authority and responsibility to act in such matters and to reserve to myself any and all such powers, I hereby affirm and delegate to my Chief of Staff the powers and duties enumerated below.

  1. To direct, as the deputy planning and budget officer, the administration of the state government planning and budget process, except as to the responsibilities enumerated below, which are retained by me:
    1. Submission of the budget and accompanying documents to the General Assembly;
    2. Final review and determination of all proposed expenditures and of estimated revenues and borrowings to be included in the Executive Budget for each state department, division, office, board, commission, institution, or other agency or undertaking;
    3. Amendment of Position Levels;
    4. Authorization of deficits. 
  1. To direct, as the deputy personnel officer, the administration of the state government personnel system, except as to the responsibility enumerated below, which are retained by me:
    1. Final determination with respect to employee compensation plans;
    2. Submission of reports to the General Assembly by the Governor as required by law;
    3. Issuance, amendment, or suspension of the Rules for the Administration of the Virginia Personnel Act;
    4. Final action on appeals from appointing authorities to the Governor. 
  1. To review, in the event of my absence or unavailability, major planning, budgetary, personnel, policy, and legislative matters that require my decision. 
  1. To review, in the event of my absence or unavailability, policy or operational differences that may arise among or between my Secretaries and other Cabinet members. 
  1. To administer the direction and supervision of the Governor’s Office, as well as budgetary and personnel authority for the Office.

Effective Date of the Executive Order

This Executive Order rescinds Executive Order No. 3 (2010) issued on January 29, 2010, by Governor Robert F. McDonnell. This Executive Order shall become effective upon its signing and shall remain in full force and effect until January 31, 2018, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 11th day of January 2014.

 NUMBER FOUR (2014) 

DELEGATION OF GOVERNOR’S AUTHORITY TO DECLARE A STATE OF EMERGENCY, TO CALL THE VIRGINIA NATIONAL GUARD TO ACTIVE SERVICE FOR EMERGENCIES OR DISASTERS, AND TO DECLARE THE GOVERNOR UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE WHEN THE GOVERNOR CANNOT BE REACHED OR IS INCAPACITATED 

Importance of the Initiative

By virtue of the authority vested in me by Section 2.2-104 of the Code of Virginia, and subject to the provisions stated herein, I hereby affirm and delegate to the Chief of Staff, followed in protocol order by the Secretary of Public Safety, the State Coordinator of the Virginia Department of Emergency Management, and the Assistant to the Governor for Commonwealth Preparedness, my authorities under Sections 44-146.17 and 44-75.1 of the Code of Virginia, to declare a state of emergency and to call forth the Virginia National Guard or any part thereof to state active duty in any of the circumstances outlined in subsections 4 and 5 of Section 44-75.1.A.

I further hereby affirm and delegate to the Chief of Staff, my authority under Article V Section 16 of the Constitution and under Section 24.2-211 of the Code of Virginia to transmit to the President pro tempore of the Senate and the Speaker of the House of Delegates, a declaration that I am unable to discharge the powers and duties of the Governor’s office. Each of these declarations is subject to the following conditions:

  1. Such delegation is subject always to my continuing, ultimate authority and responsibility to act in such matters, and in the case of a declaration that I am unable to discharge the powers and duties of my office, my ability to transmit to the Clerk of the Senate and Clerk of the House of Delegates, my written declaration that no inability continues to exist and to resume the powers and duties of my office. 
  1. Use of this delegation is contingent upon my being unable to be reached so as to give my approval for the declaration of a state of emergency, as defined in Section 44-146.16 of the Code of Virginia, or use of the Virginia National Guard. 
  1. Use of this delegation to declare that I am unable to discharge the powers and duties of my office is specifically contingent upon my being unable to be reached or otherwise incapacitated for over 24 hours and the unavailability of any one of the Attorney General, President pro tempore of the Senate, or the Speaker of the House of Delegates. 
  1. This delegation is strictly standby in nature, to be held in abeyance until such time as there may be explicit circumstances involving an emergency whereby human lives and public and private property are threatened in the event of natural or man-made emergencies or disasters. 
  1. If the authority granted under this order is used, the Lieutenant Governor and I shall be informed of such use as soon as practicable.

Effective Date of the Executive Order 

This Executive Order rescinds Executive Order No. 4 (2010) issued on January 29, 2010, by Governor Robert F. McDonnell. This Executive Order shall become effective upon its signing and shall remain in full force and effect until January 31, 2018, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 11th day of January 2014.

Posted By Valerie Garner

Categories: Politics, State Politics, Uncategorized

Tags: , , ,

Comments (2)

James

January 12th, 2014 at 3:47 PM    


Out of curiosity, why doesn’t this fall under the responsibilities of the Lt. Gov.? (Also, I tried to find text of Gov.McDonnell’s executive order 3 for comparison, but with the Virginia Governor’s website in transition I wasn’t able to find it).

Valerie Garner

January 12th, 2014 at 4:44 PM    


The Lt. Gov. is not like a “Vice President” or in this case “Vice Governor.” He presides over the Senate and breaks ties with 20/20 split. Makes committee assignments and rules.

I don’t recall either who McDonnell gave that power to in his administration if he did at all.

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