Showing posts with label Executive (government). Show all posts
Showing posts with label Executive (government). Show all posts

Tuesday, December 2, 2014

THE BIRTHDAY OF OUR NATION

by
SARAH J. PRICHARD
Author of the History of Waterbury, 1674-1783
Bellman Grey and Blue-Eyed Boy were hurrying up Chestnut street; the man carried a large key, the boy a new broom.

It was a very warm morning in a very warm month of a very warm year; in fact it may as well be stated at once that it was the Fourth day of July, 1776, and that Bellman Grey and Blue-Eyed Boy were in haste to make ready the State House of Pennsylvania for the birth of the United States of America. No wonder they were in a hurry.
In fact, everybody seemed in a hurry that day; for before Bellman Grey had whisked that new broom over the floor of Congress Hall, in walked, arm-in-arm, Thomas Jefferson and John Adams.
“Good morning, gentlemen,” said Bellman Grey. “You’ll find the dust settled in the committee-room. I’m cleaning house a little extra to-day for the expected visitor.”
“For the coming heir?” said Mr. Adams.
“When Liberty comes, She comes to stay,” said Mr. Jefferson, half-suffocated with the dust; and the two retreated to the committee-room.
Blue-Eyed Boy was polishing with his silken duster the red morocco of a chair as the gentlemen 118opened the door. He heard one of them say, “If Cæsar Rodney gets here, it will be done.”
“If it’s done,” said the boy, “won’t you, please, Mr. Adams, won’t you, please, Mr. Jefferson, let me carry the news to General Washington?”
The two gentlemen looked either at the other, and both at the lad, in smiling wonder.
“If what is done?” asked Mr. Adams.
“If the thing is voted and signed and made sure,” (just here Blue-Eyed Boy waved his duster of a flag and stood himself as erect as a flagpole;) “if the tree’s transplanted, if the ship gets off the ways, if we run clear away from King George, sir; so far away that he’ll never catch us.”
“And why do you, my lad, wish to carry the news to General Washington?” asked Mr. Jefferson.
“Because,” said the boy, “why—wouldn’t you? It’ll be jolly work for the soldiers when they know they can fight for themselves.”
Just here Bellman Grey shouted for Blue-Eyed Boy, bidding him come quick and be spry with his dusting, too.
Before the hall was cleared of the accumulated dust of State-rooms above and Congress-rooms below, in came members of the Congress, one-by-one and two-by-two, and in groups. The doors were locked, and the solemn deliberations began. Within that room, now known as Independence 119Hall, sat, in solemn conclave, half a hundred men, each and every one of whom knew full well that the deed about to be done would endanger his own life.
On a table lay a paper, awaiting signatures. A silver ink-stand held the ink that trembled and wavered to the sound and stir of John Adams’s voice, as he stated once more the why and the wherefore of the step America was about to take.
This final statement was made for the especial enlightenment of three gentlemen, new members of the Congress from New Jersey, and in reply to the reasons given by Mr. Dickinson why the Declaration of Independence should not be made.
In the meantime Bellman Grey was up in the steeple, “seeing what he could see,” and Blue-Eyed Boy was answering knocks at the entrance doors; then running up the stairs to tell the scraps of news that he had gleaned through open door, or crack, or key-hole.
The day wore on; outside a great and greater crowd surged every moment against the walls; but the walls of the State House were thick, and the crowd was hushed to silence, with intense longing to hear what was going on inside.
From his high-up place in the belfry, where he had been on watch, Bellman Grey espied a figure on horseback, hurrying toward the scene; the horse was white with heat and hurry; the rider’s “face was no bigger than an apple,” but it was a face of importance that day.
120
Run!” shouted Bellman Grey from the belfry. “Run and tell them that Mr. Rodney comes.”
The boy descended the staircase with a bound and a leap and a thump against the door, and announced Cæsar Rodney’s approach.
In he came, weary with his eighty miles in the saddle, through heat and hunger and dust, for Delaware had sent her son in haste to the scene.
The door closed behind him and all was as still and solemn as before.
Up in the belfry the old man stroked fondly the tongue of the bell, and softly said under his breath again and again as the hours went: “They will never do it; they will never do it.”
The boy sat on the lowest step of the staircase, alternately peeping through the key-hole with eye to see and with ear to hear. At last, came a stir within the room. He peeped again. He saw Mr. Hancock, with white and solemn face, bend over the paper on the table, stretch forth his hand, and dip the pen in the ink. He watched that hand and arm curve the pen to and fro over the paper, and then he was away up the stairs like a cat.
Breathless with haste, he cried up the belfry: “He’s a doing it, he is! I saw him through the key-hole. Mr. Hancock has put his name to that big paper on the table.”
“Go back! go back! you young fool, and keep watch, and tell me quick when to ring!” cried 121down the voice of Bellman Grey, as he wiped for the hundredth time the damp heat from his forehead and the dust from the iron tongue beside him.
Blue-Eyed Boy went back and peeped again just in time to see Mr. Samuel Adams in the chair, pen in hand.
One by one, in “solemn silence all,” the members wrote their names, each one knowing full well, that unless the Colonists could fight longer and stronger than Great Britain, that signature would prove his own death-warrant.
It was fitting that the men who wrote their names that day should write with solemn deliberation.
Blue-Eyed Boy peeped again. “I hope they’re almost done,” he sighed; “and I reckon they are, for Mr. Rodney has the pen now. My! how tired and hot his face looks! I don’t believe he has had any more dinner to-day than I have, and I feel most awful empty. It’s almost night by this time, too.”
At length the long list was complete. Every man then present had signed the Declaration of Independence, except Mr. Dickinson of Pennsylvania.
And now came the moment wherein the news should begin its journey around the world. The Speaker, Mr. Thompson, arose and made the announcement to the very men who already knew it.
122
Blue-Eyed Boy peeped with his ear and heard the words through the key-hole.
With a shout and a cry of “Ring! ring!” and a clapping of hands, he rushed upward to the belfry. The words, springing from his lips like arrows, sped their way into the ears and hands of Bellman Grey. Grasping the iron tongue of the old bell, backward and forward he hurled it a hundred times, its loud voice proclaiming to all the people that down in Independence Hall a new nation was born to the earth that day.
When the members heard its tones swinging out the joyous notes they marvelled, because no one had authorized the announcement. When the key was turned from within, and the door opened, there stood the mystery facing them, in the person of Blue-Eyed Boy.
“I told him to ring; I heard the news!” he shouted, and opened the State House doors to let the Congress out and all the world in.
You know the rest; the acclamation of the multitude, the common peals (they forgot to be careful of powder that night in the staid old city), the big bonfires, and the illuminations that rang and roared and boomed and burned from Delaware to Schuylkill.
In the waning light of the latest bonfire, up from the city of Penn, rode our Blue-Eyed Boy—true to his purpose to be the first to carry the glad news to General Washington.
“It will be like meeting an old friend,” he 123thought; for had he not seen the commander-in-chief every day going in and out of the Congress Hall during his visit to Philadelphia only a month ago?
The self-appointed courier never deemed other evidence of the truth of his news needful than his own “word of mouth.” He rode a strong young horse, which, early in the year, had been left in his care by a southern officer when on his way to the camp at Cambridge; and that no one might worry about him, he had taken the precaution to intrust his secret to a neighbor lad to tell at the home-door in the light of early day.
The journey was long, too long to write of here. Suffice it to say, that on Sunday morning Blue-Eyed Boy reached the ferry at the Hudson river. The old ferryman hesitated to cross with the lad.
“Wait at my house until the cool of the evening,” he urged.
But Blue-Eyed Boy said, “No, I must cross this morning, and my pony: I’ll pay for two if you’ll take me.”
The ferryman crossed the river with the boy, who, on the other side, inquired his way to the headquarters of the general.
Warm, tired, hungry, and dusty, he urged his pony forward to the place, only to find that he whom he sought had gone to divine service at St. Paul’s church.
Blue-Eyed Boy rode to St. Paul’s. In the 124Fields (now City Hall Park) he tied his faithful horse, and went his way to the church.
Gently and with reverent mien, he entered the open door, and listened to the closing words of the sermon. At length the service was over and the congregation turned toward the entrance where stood the young traveler, his heart beating with exultant pride at the glorious news he had to tell to the glorious commander.
How grand the General looked to the boy, as, with stately step, he trod slowly the church aisle accompanied by his officers.
Now he was come to the vestibule. It was Blue-Eyed Boy’s chance at last. The great, dancing, gleeful eyes, that have outlived in fame the very name of the lad, were fixed on Washington, as he stepped forward to accost him.
“Out of the way!” exclaimed a guard, and thrust him aside.
“I will speak! General Washington!” screamed Blue-Eyed Boy, in sudden excitement. The idea of anybody who had seen, even through a key-hole, the signing of the Declaration of Independence, being thrust aside thus!
General Washington stayed his steps and ordered, “Let the lad come to me.”
“I’ve good news for you,” said the youth.
“What news?”
Officers stood around—even the congregation paused, having heard the cry.
“It’s for you alone, General Washington.”
125
The lad’s eyes were ablaze now. All the light of Philadelphia’s late illuminations burned in them. General Washington bade the youth follow him.
“But my pony is tied yonder,” said he, “and he’s hungry and tired too. I can’t leave him.”
“Come hither, then,” and the Commander-in-chief withdrew with the lad within the sacred edifice.
“General Washington,” said Blue-Eyed Boy, “on Thursday Congress declared us free and independent.”
“Where are your dispatches?” leaped from the General’s lips, his face shining.
“Why—why, I haven’t any, but it’s all true, sir,” faltered the boy.
“How did you find it out?”
“I was right there, sir. Don’t you remember me? I help Bellman Grey take care of the State House at Philadelphia, and I run on errands for the Congress folks, too, sometimes.”
“Did Congress send you on this errand?”
“No, General Washington; I can’t tell a lie, I came myself.”
“How did you know me?”
Blue-Eyed Boy was ready to cry now. To be sure he was sturdy and strong, and nearly fourteen, too; but to be doubted, after all his long, tiresome journey, was hard. However, he winked once or twice violently, and then he looked his very soul into the General’s face, and said: “Why, 126I saw you every day you went to Congress, only a month ago, I did.”
“I believe you, my lad. Get your horse and follow me.”
Blue-Eyed Boy followed on, and waited in camp until the tardy despatches came in on Tuesday morning, confirming every word that he had spoken.
The same evening all the brigades in and around New York were ordered to their respective parade-grounds.
Blue-Eyed Boy was admitted within the hollow square formed by the brigades on the spot where stands the City Hall. Within the same square was General Washington, sitting on horseback, and the great Declaration was read by one of his aids.
It is needless to tell how it was received by the eager men who listened to the mighty truths with reverent, uncovered heads. Henceforth every man felt that he had a banner under which to fight, as broad as the sky above him, as sheltering as the homely roof of home.


Saturday, October 18, 2014

Governor McAuliffe Signs Executive Order on Reducing Energy Consumption in Virginia Government

Logo of the CRC Energy Efficiency Scheme
Logo of the CRC Energy Efficiency Scheme (Photo credit: Wikipedia)
Today at an award ceremony honoring the Department of Motor Vehicles (DMV) energy efficiency efforts at the DMV Headquarters building in Richmond, Governor Terry McAuliffe signed Executive Order 31 to reduce energy consumption in state government. 
   
DMV received the “Energy Efficiency Leader Award” in recognition of the agency’s leadership in reducing its environmental impact.  The project was completed through the Virginia Energy Performance Contracting (EPC) program, which allows state agencies to partner with private sector vendors to improve environmental systems at state-owned buildings at no cost to the taxpayers.  These improvements are paid with the savings generated from upgrading to more efficient environmental systems.

Executive Order 31 instructs all executive branch agencies, authorities, departments, and all institutions of higher education to proactively pursue energy efficiency measures, especially EPC, to reduce energy consumption.  The EO also appoints Hayes Framme as Chief Energy Efficiency Officer within the administration to oversee the planning, implementation, and measurement of energy efficiency throughout state government. 

In signing the executive order, Governor McAuliffe said, “Reducing energy consumption in state government will save taxpayers money, strengthen our energy efficiency industry and decrease Virginia’s greenhouse gas emissions. It will also set an example for businesses and families of steps that we can all take to make Virginia the most energy efficient state in the nation.”

The Governor added, “The Department of Motor Vehicles has shown tremendous leadership in proactively seeking out energy efficiency measures that reduce consumption, reduce costs, and save taxpayer dollars.  The savings achieved in this project are fantastic, 36% energy consumption reduction and annual energy savings of $284,000.  Energy efficiency makes good business sense and is a responsible way to ensure each taxpayer dollar is as productive as possible.”     

The text of Executive Order Number 31 is below:

NUMBER THIRTY ONE (2014)


CONSERVING ENERGY AND REDUCING CONSUMPTION


Importance of the Issue

The cleanest and cheapest energy is energy that is not consumed. Strong energy efficiency measures in government, businesses, and residences can reduce energy consumption, costs, and bills, diminish the need to build new generation infrastructure, and increase Virginians’ quality of life through lower carbon emissions polluting the atmosphere. Increased energy efficiency measures will serve as a stimulus to the growing energy efficiency industry in Virginia, helping create new jobs and diversifying our economy. The Commonwealth of Virginia will demonstrate the extraordinary potential and invaluable business advantages achieved with energy efficiency. 

As a prudent steward of taxpayer dollars, Virginia is dedicated to finding creative solutions with increasingly limited resources. Pursuing sensible energy efficiency in state government will increase the productivity of the energy used, reduce consumption, save money, and lessen any negative environmental impact. The Commonwealth is seeking to reduce electricity consumption in state facilities by 15% by 2017, using 2009-2010 as a baseline.

While the Commonwealth embraces the challenge of reducing energy consumption, localities, businesses, and individual consumers are encouraged to use energy efficiently, and utilize available tools to conserve energy.  

Energy Efficiency Initiatives

By the power vested in me by Article V of the Constitution of Virginia, and § 2.2-103 of theCode of Virginia, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby direct all executive branch agencies, authorities, departments, and all institutions of higher education, to every extent practicable, to operate in accordance with the following guidelines:

·       All state agencies should proactively pursue energy efficiency measures, especially Energy Performance Contracting (EPC), to reduce energy consumption. EPC is a budget neutral, cost-effective tool that permits state agencies and publicly-owned facilities to reduce their deferred maintenance backlogs without adding any financial burden to the taxpayer. In addition, EPC is an effective mechanism to finance capital improvements using leveraged energy savings to reduce both energy costs and consumption. For agencies that have already employed EPC, overall energy consumption should be re-evaluated to identify areas for further efficiency improvements. 

·       Agencies should utilize the current process, at no cost to the agency, which provides for a general audit to assess whether EPC is appropriate for the agency. This portion of the process is managed by the Department of Mines, Minerals, and Energy (DMME), and all agencies should work with DMME to have a general audit conducted with the goal of implementing an EPC by 2016.
             
I have appointed the Advisor for Infrastructure and Development as the Commonwealth’s Chief Energy Efficiency Officer (CEEO) to oversee planning, implementation, and measurement of energy efficiency throughout state government, as follows:

·       Organize a meeting with all agencies tasked with overseeing EPC in state government and state-certified Energy Service Companies (ESCOs) to establish a fully transparent, streamlined, and standardized process that agencies will use to implement EPC. This will include the development of an “EPC Roadmap” that will lay out each step of the EPC process, and ensure accountability among agencies and the ESCOs at each stage of project development and implementation.

·       Coordinate with SCHEV to identify the deferred maintenance needs at each higher education institution and the opportunities to leverage energy savings to fund building infrastructure upgrades.

·       Work with the Department of General Services (DGS) and DMME to identify and prioritize state facilities that offer opportunities for significant cost and consumption reduction. 

·       Work with DMME to establish a comprehensive system to measure, verify, and track energy consumption in state facilities. 

·       Re-commission electrical equipment and systems in publicly-owned facilities, when needed.

·       Ensure that DMME reviews all annual project performance reports submitted by ESCOs to the agencies.

·       Work with subject matter experts to identify best practices to incentivize individuals and agencies regarding energy efficiency measures. Those who show leadership in energy efficiency, regardless of agency and project size, will be recognized. 


Effective Date of the Executive Order

This Executive Order shall be effective upon signing and shall remain in force and effect 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 October, 2014.








Terence R. McAuliffe, Governor









Attest:             _______________________________________
                        Levar M. Stoney, Secretary of the Commonwealth

Fuel the economy but do not expend any energy doing so?  An expanding economy requires more energy.  Are we speaking about shrinking the economy here?  Common Sense need not apply!

Wednesday, August 27, 2014

Federalist Papers No. 48. These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other

From the New York Packet. Friday, February 1, 1788.

IT WAS shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next place, to show that unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained.
It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it. After discriminating, therefore, in theory, the several classes of power, as they may in their nature be legislative, executive, or judiciary, the next and most difficult task is to provide some practical security for each, against the invasion of the others. What this security ought to be, is the great problem to be solved.
Will it be sufficient to mark, with precision, the boundaries of these departments, in the constitution of the government, and to trust to these parchment barriers against the encroaching spirit of power? This is the security which appears to have been principally relied on by the compilers of most of the American constitutions. But experience assures us, that the efficacy of the provision has been greatly overrated; and that some more adequate defense is indispensably necessary for the more feeble, against the more powerful, members of the government. The legislative department is everywhere extending the sphere of its activity, and drawing all power into its impetuous vortex.
The founders of our republics have so much merit for the wisdom which they have displayed, that no task can be less pleasing than that of pointing out the errors into which they have fallen. A respect for truth, however, obliges us to remark, that they seem never for a moment to have turned their eyes from the danger to liberty from the overgrown and all-grasping prerogative of an hereditary magistrate, supported and fortified by an hereditary branch of the legislative authority. They seem never to have recollected the danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations.
In a government where numerous and extensive prerogatives are placed in the hands of an hereditary monarch, the executive department is very justly regarded as the source of danger, and watched with all the jealousy which a zeal for liberty ought to inspire. In a democracy, where a multitude of people exercise in person the legislative functions, and are continually exposed, by their incapacity for regular deliberation and concerted measures, to the ambitious intrigues of their executive magistrates, tyranny may well be apprehended, on some favorable emergency, to start up in the same quarter. But in a representative republic, where the executive magistracy is carefully limited; both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions, by means which reason prescribes; it is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions.
The legislative department derives a superiority in our governments from other circumstances. Its constitutional powers being at once more extensive, and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the co-ordinate departments. It is not unfrequently a question of real nicety in legislative bodies, whether the operation of a particular measure will, or will not, extend beyond the legislative sphere. On the other side, the executive power being restrained within a narrower compass, and being more simple in its nature, and the judiciary being described by landmarks still less uncertain, projects of usurpation by either of these departments would immediately betray and defeat themselves. Nor is this all: as the legislative department alone has access to the pockets of the people, and has in some constitutions full discretion, and in all a prevailing influence, over the pecuniary rewards of those who fill the other departments, a dependence is thus created in the latter, which gives still greater facility to encroachments of the former.
I have appealed to our own experience for the truth of what I advance on this subject. Were it necessary to verify this experience by particular proofs, they might be multiplied without end. I might find a witness in every citizen who has shared in, or been attentive to, the course of public administrations. I might collect vouchers in abundance from the records and archives of every State in the Union. But as a more concise, and at the same time equally satisfactory, evidence, I will refer to the example of two States, attested by two unexceptionable authorities.
The first example is that of Virginia, a State which, as we have seen, has expressly declared in its constitution, that the three great departments ought not to be intermixed. The authority in support of it is Mr. Jefferson, who, besides his other advantages for remarking the operation of the government, was himself the chief magistrate of it. In order to convey fully the ideas with which his experience had impressed him on this subject, it will be necessary to quote a passage of some length from his very interesting Notes on the State of Virginia, p. 195. "All the powers of government, legislative, executive, and judiciary, result to the legislative body. The concentrating these in the same hands, is precisely the definition of despotic government. It will be no alleviation, that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one. Let those who doubt it, turn their eyes on the republic of Venice. As little will it avail us, that they are chosen by ourselves. An ELECTIVE DESPOTISM was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others. For this reason, that convention which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive, and judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. BUT NO BARRIER WAS PROVIDED BETWEEN THESE SEVERAL POWERS. The judiciary and the executive members were left dependent on the legislative for their subsistence in office, and some of them for their continuance in it. If, therefore, the legislature assumes executive and judiciary powers, no opposition is likely to be made; nor, if made, can be effectual; because in that case they may put their proceedings into the form of acts of Assembly, which will render them obligatory on the other branches. They have accordingly, IN MANY instances, DECIDED RIGHTS which should have been left to JUDICIARY CONTROVERSY, and THE DIRECTION OF THE EXECUTIVE, DURING THE WHOLE TIME OF THEIR SESSION, IS BECOMING HABITUAL AND FAMILIAR."
The other State which I shall take for an example is Pennsylvania; and the other authority, the Council of Censors, which assembled in the years 1783 and 1784. A part of the duty of this body, as marked out by the constitution, was "to inquire whether the constitution had been preserved inviolate in every part; and whether the legislative and executive branches of government had performed their duty as guardians of the people, or assumed to themselves, or exercised, other or greater powers than they are entitled to by the constitution." In the execution of this trust, the council were necessarily led to a comparison of both the legislative and executive proceedings, with the constitutional powers of these departments; and from the facts enumerated, and to the truth of most of which both sides in the council subscribed, it appears that the constitution had been flagrantly violated by the legislature in a variety of important instances.
A great number of laws had been passed, violating, without any apparent necessity, the rule requiring that all bills of a public nature shall be previously printed for the consideration of the people; although this is one of the precautions chiefly relied on by the constitution against improper acts of legislature.
The constitutional trial by jury had been violated, and powers assumed which had not been delegated by the constitution.
Executive powers had been usurped.
The salaries of the judges, which the constitution expressly requires to be fixed, had been occasionally varied; and cases belonging to the judiciary department frequently drawn within legislative cognizance and determination.
Those who wish to see the several particulars falling under each of these heads, may consult the journals of the council, which are in print. Some of them, it will be found, may be imputable to peculiar circumstances connected with the war; but the greater part of them may be considered as the spontaneous shoots of an ill-constituted government.
It appears, also, that the executive department had not been innocent of frequent breaches of the constitution. There are three observations, however, which ought to be made on this head: FIRST, a great proportion of the instances were either immediately produced by the necessities of the war, or recommended by Congress or the commander-in-chief; SECOND, in most of the other instances, they conformed either to the declared or the known sentiments of the legislative department; THIRD, the executive department of Pennsylvania is distinguished from that of the other States by the number of members composing it. In this respect, it has as much affinity to a legislative assembly as to an executive council. And being at once exempt from the restraint of an individual responsibility for the acts of the body, and deriving confidence from mutual example and joint influence, unauthorized measures would, of course, be more freely hazarded, than where the executive department is administered by a single hand, or by a few hands.
The conclusion which I am warranted in drawing from these observations is, that a mere demarcation on parchment of the constitutional limits of the several departments, is not a sufficient guard against those encroachments which lead to a tyrannical concentration of all the powers of government in the same hands.

PUBLIUS

Learn More About American History:  Visit Jamestown, Yorktown and Colonial Williamsburg Living Museums in Virginia.

Wednesday, January 15, 2014

Governor Terry McAuliffe Executive Order Number 2

English: The state seal of Virginia. Српски / ...
 (Photo credit: Wikipedia)
NUMBER TWO (2014)
 
PERSONNEL DIRECTIVE PROHIBITING
THE RECEIPT OF CERTAIN GIFTS;
ESTABLISHMENT OF EXECUTIVE BRANCH ETHICS COMMISSION
 
Part I – Importance of the Initiative
 
Every citizen of the Commonwealth is entitled to have complete confidence and the highest degree of trust in Virginia’s government. It is the intent of this Executive Order (the “Order”) to ensure that Virginians are governed and represented with integrity. This Order is initiated to establish an ethical framework for state Executive Branch officers and employees with regard to gifts that will enhance the public’s trust in the actions of such officers and employees by addressing the receipt of gifts that may result in, or create an appearance of, impropriety.
 
Therefore, by virtue of the authority vested in me under Article V of the Constitution of Virginia and under the laws of the Commonwealth of Virginia, including but not limited to, Chapters 1, 12, and 29 of Title 2.2 of the Code of Virginia, and as the Governor and Chief Personnel Officer of the Commonwealth, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish (i) the following personnel policy, banning the solicitation and receipt of certain gifts by officers and employees of the state Executive Branch of the Commonwealth and (ii) an Executive Branch Ethics Commission to perform such duties and responsibilities as are specified below.  An officer's or employee's ethical duties and responsibilities under this Executive Order are in addition to those prescribed by law, primarily the State and Local Government Conflict of Interests Act, § 2.2-3100 et seq., and the Virginia Public Procurement Act, § 2.2-4300 et seq., of the Code of Virginia.
 
Part II – Definitions
 
As used in this Executive Order, unless the context clearly requires otherwise:
“Advisory agency” means any board, commission, committee or post of the state Executive Branch that does not exercise any sovereign power or duty, but is appointed by a governmental agency or officer or is created by law for the purpose of making studies or recommendations, or advising or consulting with a governmental agency.
 
 
“Anything of value” means:
 
1. A pecuniary item, including money, or a bank bill or note;
 
2. A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;
 
3. A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
 
4. A stock, bond, note, or other investment interest in an entity;
 
5. A receipt given for the payment of money or other property; 
 
6. A gratuity, favor, special privilege or exception;
 
7. The provision of services;
 
8. Lodging;
 
9. A meal, or other food or beverage, or both;
 
10. Entertainment, including a ticket to an event, or hospitality;
 
11. The provision of travel or the payment or reimbursement of travel expenses;
 
12. A right in action;
 
13. A tangible good, chattel, or an interest in a tangible good, or chattel;
 
14. A loan or forgiveness of indebtedness;
 
15. A work of art, antique, or collectible;
 
16. An automobile or other means of personal transportation;
 
17. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;
 
18. An honorarium or compensation for services;
 
19. A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an officer or employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public;
 
20. A promise or offer of employment; or
21. Any other thing of value that is pecuniary or compensatory in value to a person.
 
“Anything of value” does not mean a campaign contribution properly received and reported pursuant to Chapter 9 (§ 24.2-900 et seq.) and Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2. 
 
“Dependent” means a son, daughter, father, mother, brother, sister or other individual, whether or not related by blood or marriage, if such individual receives from the officer or employee, or provides to the officer or employee, more than one-half of his or her financial support.
 
“Employee” means, unless otherwise limited by the context of its use, all individuals who are not officers of a component part of the state Executive Branch but are employed by a component part of the state Executive Branch on an at will basis or serve at the pleasure of the Governor, and all individuals who are employed by the component parts of the state Executive Branch and who are covered by the Virginia Personnel Act, Va. Code § 2.2-2900et seq.
 
“Fair market” value means the price that a good or service would bring between a willing seller and a willing buyer in the open market after negotiations.  If the fair market value cannot be determined, the actual price paid for the good or service shall be given consideration.
 
“Gift” means anything of value to the extent that a consideration of equal or greater value is not received by the donor. 
 
“Gift” does not mean:
 
1. Printed informational or promotional material;
 
2. A gift that is not used and, no later than sixty (60) days after receipt, is returned to the donor
or delivered to a charitable organization or to a state governmental or advisory agency and is not claimed as a charitable contribution for federal income tax purposes;
 
3. A gift, devise, or inheritance from an officer’s or employee’s spouse, child, nephew, niece, aunt, uncle, first cousin, or the officer’s or employee’s or his or her spouse’s parent, grandparent, grandchild, brother, sister, the spouse of any individual covered by this subdivision, or an individual to whom the officer or employee is engaged to be married; provided the donor is not acting as the agent or intermediary for someone other than an individual covered by this subdivision;
 
4. Anything of value provided by an individual on the basis of a personal friendship unless the officer or employee has reason to believe that, under the circumstances, the gift was provided because of the official position of the officer or employee and not because of the personal friendship.  In determining whether a gift is provided on the basis of personal friendship, the circumstances under which the gift was given shall be considered, including: (1) the history of the relationship of the individual receiving the gift with the individual giving the gift, including any previous exchange between them; (2) whether the individual receiving the gift knew that the individual giving the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (3) whether the individual receiving the gift knew that the individual giving the gift also gave the same or similar gifts to other officers or employees;
 
5. Anything of value provided to an officer or employee, or an immediate family member of an officer or employee, by an individual on the basis of a private business relationship between them that is unrelated to the official duties and responsibilities of the officer or employee, unless the officer or employee has reason to believe that, under the circumstances, the thing of value was provided by the individual to the officer or employee or the immediate family member because of the official position of the officer or employee and not because of the private business relationship;
 
6. Any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used   or unless it is a ticket, admission or pass to an event held by a team or organization that is an official team or organization of a public or private institution of higher education or elementary or secondary school located in the Commonwealth or held by another governmental or advisory agency, or by a local government or component part of a local government, or by a school board;
 
7. Honorary degrees;
 
8. Payment or reimbursement of reasonable legitimate travel and related expenses incurred by an officer or employee in order to engage in an activity that serves a legitimate public purpose;
 
9. Attendance by an officer or employee at a widely attended event that is attended by at least twenty (20) non-officers or employees, is open to the public or to a wide range of individuals, and where (i) such attendance serves a legitimate public purpose, or (ii) the officer or employee attends by virtue of being the spouse of an invited public official who attends without charge;
 
10. Attendance by an officer or employee at a political or inaugural event where the officer or employee is invited to attend by the elected official, the candidate, or their authorized representative;
 
11. Financial aid awarded by an educational institution or training institution or program, provided that the financial aid is awarded pursuant to the institution’s or program’s normal financial aid standards and procedures; 
 
12. Something of value given to an officer or employee by a governmental or advisory agency related to the officer’s or employee’s service as a public officer or employee or upon his or her retirement; 
 
13. A prize in a competition that was widely available, or an award from a charitable, religious, civic, or educational group; or
 
14. A gift with a value of $25 or less.
 
“Governmental agency” means each component part of the state Executive Branch, including each office, department, authority, post, commission, committee, and each institution or board created by law to exercise some regulatory or sovereign power or duty as distinguished from purely advisory powers or duties.     
 
“Immediate family” means (i) a spouse, regardless of whether he or she resides in the same household as the officer or employee, (ii) any individual residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent, (iii) any individual who has a child in common with the officer or employee, whether or not the officer or employee and that individual have been married or have resided together at any time, as long as there is a legally enforceable financial relationship between them, or (iv) any individual who cohabits or who, within the previous 12 months, cohabited with the officer or employee, and any children of either of them then residing in the same household as the officer or employee.  With regard to the receipt of gifts, “immediate family” also shall mean an officer’s or employee’s child, grandchild, parent, grandparent, brother, sister, or brother’s or sister’s spouse or children, if such individual knew or should have known that the gift was given because of the officer’s or employee’s position as an officer or employee.
 
“Legitimate travel and related expenses” include reasonable expenses incurred by the officer or employee in order to engage in an activity that serves a legitimate public purpose, including, but not limited to, air, train, bus, and taxi fare, rental car charges, the cost of meals and lodging, and expenses related to attendance at an event that has a legitimate public purpose, including, but not limited to, costs of registration, admission, tickets, food, refreshments, instruction, and materials. 
 
“Legitimate public purpose” means an activity that is intended to promote the interests of the Commonwealth, a political subdivision of the Commonwealth, an advisory or governmental agency of the Commonwealth, or a component part of a political subdivision of the Commonwealth, including, but not limited to, activities that promote tourism, economic development, charitable, public health, environmental, or educational goals; attendance at training and educational events and conferences designed to improve the efficiencies and effectiveness of public service, or to enhance the knowledge and skills of public officers or employees, or both, relative to their official duties; and any purpose defined as a legitimate public purpose by the Commonwealth, the Governor, the governing body of a political subdivision of the Commonwealth, an advisory or governmental agency, or the Commission established by Part V of this Order. 
 
“Officer” means the Governor, his Cabinet, Deputy Secretaries, and any individual appointed or elected to any governmental or advisory agency who serves at the pleasure of the Governor or whose position may be affected “for cause,” whether or not he or she receives compensation or other emolument of office. 
 
“State Executive Branch” means every component part of the government of the Commonwealth of Virginia except any component part of the state Legislative or Judicial Branches, the Office of the Lieutenant Governor, the Office of the Attorney General, the State Corporation Commission, the Virginia Workers' Compensation Commission, the State Lottery Department, local governments and their component parts, and the offices of constitutional officers.
 
“Value” means the actual cost or fair market value of an item or items, whichever is greater.  If the fair market value cannot be determined, the actual amount paid for the item or items shall be given consideration.  For food and beverages, “value” includes a proportional amount of any tip, a portion of which was for the food item or beverage.
 
Part III – Personnel Directive – Prohibited Conduct
 
No officer or employee of the state Executive Branch or an immediate family member of such officer or employee shall (i) solicit anything of value, or (ii) accept, directly or indirectly, any gift from any lobbyist or from any principal or employee or agent of a principal, as the terms “lobbyist” and “principal” are defined in § 2.2-419 of the Commonwealth’s lobbying laws, §  2.2-418 et seq. of the Code of Virginia, or (iii) accept directly or indirectly, any gift valued at over $100, from any one source, singularly or in the aggregate over the course of  any given calendar year.  An officer or employee may receive or may be reimbursed for any legitimate travel and related expenses incurred while engaging in an activity that serves a legitimate public purpose.  The receipt of anything of value with a value of $25 or less does not count toward the $100 cumulative total set forth in this paragraph.
 
An officer or employee or an immediate family member of such officer or employee is not prohibited from accepting an unsolicited gift that is valued at less than $100, from one source, singularly or in the aggregate over the course of any given calendar year, unless a reasonable person, having knowledge of the relevant circumstances, would conclude that the officer or employee may unduly favor the source or be influenced by the source when performing the officer’s or employee’s official duties.
 
Part IV– Department of Human Resources Management
 
The Department of Human Resource Management is designated and directed to work with the Executive Branch Ethics Commission established by Part V of this Executive Order to implement this Order and, specifically, is authorized and directed:
 
(a) In cooperation and collaboration with the Executive Branch Ethics Commission, to develop and issue appropriate personnel guidelines implementing Part III of this Order, including, but not limited to, (i) any applicable discipline for a violation of Part III of this Executive Order and (ii) the procedures available to any officer or employee alleged to have violated Part III of this Order; and
 
(b) To recommend to the Governor, at least annually, such revisions to this Executive Order as may appear necessary to ensure the maintenance of high ethical standards within the state Executive Branch.
 
Part V –Executive Branch Ethics Commission
 
The Executive Branch Ethics Commission (the “Commission”) is hereby established and shall be comprised of three (3) members who shall be appointed by the Governor.  Members of the Commission shall serve without compensation, but shall receive reimbursement for reasonable expenses incurred in the discharge of their official duties.
 
The Commission shall be responsible for overseeing the execution of this Order. 
The Commission shall:
 
(a) Upon request from an officer or employee, provide a written opinion as to whether engagement in an activity, or receipt of a gift or other thing of value violates the provisions of this Executive Order, and whether payment or reimbursement for expenses related to that activity, gift, or other thing of value would constitute legitimate travel and related expenses.  Any officer or employee who is informed by the Commission that engagement in the activity or receipt of the gift or other thing of value would not violate this Order, and who in good faith relies on an interpretation by the Commission issued before the activity is undertaken or the gift or other thing of value is received and upon the full disclosure to the Commission by the officer or employee of all the relevant facts, shall not be subject to discipline under Part VI of this Order.  
 
(b) Enforce this Order as specified in paragraph (c) of Part VI of this Order.
 
(c)  Recommend to the Governor, at least annually, such revisions to this Executive Order as may appear necessary to ensure the maintenance of high ethical standards within the state Executive Branch.
 
The Commission may employ a professional staff of up to two (2) individuals to assist the Commission in the exercise of its duties and responsibilities specified in this Order.  The necessary staff shall be furnished by the Office of the Governor, the Virginia Department of Human Resources Management, and such other agencies and offices as are designated by the Governor.  An estimated 2000 hours of staff time per year will be required to support the Commission’s work
The Commission shall remain assembled for one full calendar year following the signing of this Executive Order, unless reauthorized by further Executive Order.
 
Part VI -- Enforcement
 
(a) The head of each advisory or governmental agency of the state Executive Branch (the “agency head”) shall enforce this Executive Order, receive any complaint that an officer or employee of his or her agency has violated this Executive Order, investigate such a complaint, and determine the need for and impose the appropriate discipline, using the normal, then-existing personnel policies, rules, and procedures of the officer's or employee's advisory or governmental agency, including the Virginia Personnel Act, Va. Code § 2.2-2900 et seq., where the officer or employee is covered by that Act.  If the officer or employee is not covered by the Virginia Personnel Act, the agency head shall use whatever normal, then-existing personnel policies, rules, and procedures that the agency normally uses for officers and employees who are not covered by the Virginia Personnel Act.  Disciplinary action may include any action up to and including suspension or termination. 
 
(b) With regard to an alleged violation by a Deputy Secretary, member of a Secretary's staff, or the head of an advisory or governmental agency of the state Executive Branch within a particular Secretariat, the Secretary shall be the “agency head” for purposes of the enforcement process set forth in paragraph (a) above.
 
(c) With regard to an alleged violation of this Order by the Governor or a member of the Governor's Cabinet, the Commission shall receive and investigate the complaint, and shall determine whether a violation occurred.  The results along with a recommendation for appropriate discipline shall be forwarded to the Governor or his designee.
 
(d) Each agency head who determines whether or not a violation of this Executive Order by an officer or employee in his or her agency has occurred shall, within thirty (30) days of making that determination, report the facts on which that determination was made, and the discipline, if any, that was imposed, to the Governor's Cabinet Secretary under whose Secretariat that advisory or governmental agency falls.  The Secretary shall forward such report, or a report prepared by him or her pursuant to paragraph (b) above, to the Commission within ten (10) days of receipt or completion.  The Commission shall report to the Governor, on a quarterly basis, the results of all investigations of officers and employees conducted pursuant to this Executive Order.
 
 
Part VII – General
 
The funding to support this Executive Order shall be provided from the budget of the Office of the Governor and of such other state agencies as are designated by the Governor.  The estimated direct costs for this Commission are $100,000.
 
Effective Date of the Executive Order
 
This Executive Order shall be effective upon signing and shall remain in full force and effect for one full calendar year following its signing, unless amended or rescinded, or reauthorized, by further Executive Order.
 
Given under my hand and under the Seal of the Commonwealth of Virginia on this 11th day of January, 2014.
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