[nfbmi-talk] Fw: here's where eo 2012-10 screwed up

[joe harcz Comcast]

The EO 2012-10 to reiterate violates the Executive Reorginization Act...I don't have the act cite but this is where this segment comes from referenced in what Terry sent.

Thus the Governor violated the very Act that authorizes Type I, II, and III transfers itself and which has been deamed Constitutional, but, again which he has violated.

So I think we could get a stay on this basis alone!!!
----- Original Message ----- 
From: joe harcz Comcast 
To: terry Eagle 
Cc: nfbmi-talk at nfbnet.org 
Sent: Saturday, July 14, 2012 10:40 AM
Subject: here's where eo 2012-10 screwed up


EO 2012-1o explicately annulls PA 260 which is a statute and it is explicately a Type II transfer. Yet the analysis you sent and I've pointed to for Type 2 transfers is here:
" 
(b) Under this act, a type II transfer means transferring of an existing department,

 

board, commission or agency to a principal department established by this act. Any

 

department, board, commission or agency assigned to a type II transfer under this

 

act shall have all its statutory authority, powers, duties and functions, records,

 

personnel, property, unexpended balances of appropriations, allocations or other

 

funds, including the functions of budgeting and procurement, transferred to that

 

principal department.

 "

 

 

Ipso facto they can't use a Type II transfer to wipe out PA 260.

 

Note the EO 2012-10 did disolve the MI Disability Concerns period, but did that as a Type III transfer.

 

So this is one area where we can enjoin the EO 2012-10 even on this modest technicality.

 

In other words Governor et al....Better get back to the drawing board.

 

Joe Harcz