WHEREAS, in these unprecedented economic times the State of Kansas must examine all operations to determine if savings can be realized by suspending, merging or streamlining programs; and

WHEREAS, agencies were directed in 2003 to conduct a top to bottom review of the way state government does business.  To date, these BEST efforts have eliminated $1 billion in wasteful spending and inefficiencies by selling off hundreds of unneeded state vehicles, consolidating the purchasing power of different levels of government, and collecting millions in delinquent taxes; and

WHEREAS, closure of facilities and streamlining of programs have been recommended in the Governor’s Budget Report that will affect the Juvenile Justice Authority, KTEC, Kansas, Inc., and the Department of Commerce, saving Kansas taxpayers over $8 million in Fiscal Year 2010; and

WHEREAS, further examination of state owned and operated facilities is necessary to ensure Kansans receive quality services in an efficient manner, and without undue cost to the taxpayer.

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby create the Facilities Closure and Realignment Commission (“Commission”) with the following purposes and charges:

1. The Commission shall consist of 11 members appointed as follows:  Five members shall be appointed by the Governor; two members shall be appointed by the president of the senate; one member shall be appointed by the minority leader of the senate; two members shall be appointed by the speaker of the house of representatives; and one member shall be appointed by the minority leader of the house of representatives.
2. The following Executive branch and state officials shall serve as ex-officio members of the Commission:
   1. Secretary of Administration;
   2. Secretary of Social and Rehabilitation Services;
   3. Secretary of Labor;
   4. Commissioner of the Juvenile Justice Authority; and
   5. Commissioner of Education.
3. The Governor shall appoint a chairperson, and the Commission shall meet on call of the chairperson or on a request of the majority of the members of the Commission.  The affirmative vote of six members of the Commission is required for any action of the Commission.
4. The Commission may meet at any time or place in the State of Kansas and may hold such public hearings as the Commission determines necessary to carry out the functions of the Commission.
5. The operating expenditures for the Commission shall be paid by the Department of Administration.  The Department of Administration shall provide such staff and administrative support and assistance as may be necessary to carry out the functions of the Commission.
6. The Commission shall study and evaluate the closure and/or realignment of state facilities, and alternative uses of such facilities, including but not limited to:
   1. Kansas School for the Deaf;
   2. Kansas School for the Blind;
   3. Beloit Juvenile Correctional Facility;
   4. State Developmental Disability Hospitals; and
   5. Rainbow Mental Health Facility.
7. On or before December 1, 2009, the Commission shall submit to the Governor and the legislature recommendations regarding facilities to be closed and/or realigned, recommended dates for those facilities identified to be closed and/or realigned, and recommendations of policies and procedures to facilitate the closures and/or realignments.  Upon review and approval by the Governor, the Commission’s recommendations will be submitted to the 2010 legislature as an Executive Reorganization Order.
8. In making it’s recommendations, the Commission shall consider:
   1. The savings that will accrue to the state from closure and/or realignment of a facility and the impact any closure would have on funding of services.
   2. The impact of any closure and/or realignment on clients and their families, the availability of alternative services for clients and their families, and the impact of closure on the quality of services provided to clients.
   3. The economic impact of closure and/or realignment on the community where the facility is located.
   4. The feasibility of using a closed facility to house other state services or programs.
   5. The impact of closure and/or realignment of a facility on employees and the ability of employees to find alternative employment.
   6. Any other factors that the Commission determines relevant to it’s decision.
   7. The Commission shall work with stakeholders and service providers as the Commission develops it’s recommendations.
9. Members of the Commission may claim subsistence, allowance, mileage or associated expenses as permitted by law.
10. All agencies under the control of the Governor are directed to render full assistance and cooperation to the Commission.

This document shall be filed with the Secretary of State as Executive Order No. 09-01 and shall become effective immediately.