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Nowhere Else on Earth

Nowhere Else on Earth. Michigan Territory 1805. United States Constitution 1776. Michigan Constitutional Convention 1835. Legislative The authority under the constitution to make laws, and also to alter or repeal them. Executive

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Nowhere Else on Earth

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  1. Nowhere Else on Earth

  2. Michigan Territory 1805 United States Constitution 1776 Michigan Constitutional Convention 1835 • Legislative • The authority under the constitution to make laws, and also to alter or repeal them. • Executive • Power of the Governor enabling the implementation and enforcement of laws. • Judicial • Power to manage conflicts about how laws should be interpreted and applied in individual cases. Separation of Powers Article III § 2 Michigan State Constitution of 1963

  3. Michigan State Constitution of 1963Natural Resources (Legislature) Article IV § 52 § 52 Natural resources; conservation, pollution, impairment, destruction. Sec. 52. The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people. The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction.

  4. Michigan State Constitution of 1963 Legislative, Executive, Judicial Act 451 1994 Natural Resource & Environmental Protection Act 53 1974 Protection of Underground Facilities Act …. Statutes Part … Natural Resource Commission appointed by Governor Part 5, General Powers Part 31 Water Protection Part 167 Used Oil Recycling Part 305 Natural Rivers Part 519 Slash Disposal Part 525 Disposal of Timber Part 619 Drilling in the Pigeon River State Forest Part 633 Mineral Mining Part 821 Snowmobiles Part 831 State Forest Recreation. NRC Policies, Procedures → Director (DNR) Policies, procedures → Division Policies, procedures

  5. Act 451 1994Natural Resource & Environmental Protection Part 5 324.503 Sec. 503. (1) The department shall protect and conserve the natural resources of this state; provide and develop facilities for outdoor recreation; prevent the destruction of timber and other forest growth by fire or otherwise; promote the reforesting of forest lands belonging to the state; prevent and guard against the pollution of lakes and streams within the state and enforce all laws provided for that purpose with all authority granted by law; and foster and encourage the protecting and propagation of game and fish. The department has the power and jurisdiction over the management, control, and disposition of all land under the public domain, except for those lands under the public domain that are managed by other state agencies to carry out their assigned duties and responsibilities.

  6. Delegated Authority Detail Natural Resource Commission Commission Orders Effect of law (Proposal G, game only) Policies & procedures Administrative direction DNR Director Director’s Orders Effect of law APA of 1969 Director’s letters Administrative direction Policies & procedures Administrative direction FMFM Division Policies & procedures Administrative direction Chief’s memo Administrative direction Section memo Administrative direction

  7. Act 451 • Specific Part ……… Effect of law • Promulgated rules Effect of law APA 1969 Mechanisms for carrying out duties & responsibilities Statutes Contracts Memorandums of Understanding (MOU) Director’s orders Director’s letters Agreements Policy Procedures Chief’s memo Section memo

  8. So, why exactly do we follow this “guidance”?

  9. Michigan State Constitution of 1963Public Officers and Employment Article XI § 1 § 1 Oath of public officers. Sec. 1. All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.

  10. Michigan State Constitution of 1963 Legislative, Executive, Judicial • Constitution • Article XI • Oath of Office • Civil Service Commission Civil Service Rules 2-8 Conflict of Interest 2-9 Disclosure of Interest 2-19 Legal Representation when within delegated authority • DNR Delegated Appointing Authority • Personnel policies, procedures standards • Position descriptions • Union contracts • Contracts, agreements Terms of employment

  11. Nowhere Else on Earth

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