Governor Markell Signs Executive Order Adding Business Owners with Disabilities and Small Businesses to Delaware’s Supplier Diversity Efforts

Businesses owned by individuals with disabilities and certain small businesses will now be included in the state’s supplier diversity efforts thanks to an executive order signed by Governor Jack Markell on March 26.

Present to celebrate the new Executive Order and the good work that will follow from it were members of the Governor’s Supplier Diversity Council; two Cabinet Secretaries, Housing and Management and Budget, with their staff; supplier diversity liaisons from various state agencies; and iNovo Applications Inc., which is a start-up business that is eligible for both new programs created under the order.

Executive Order 44 expands the scope of the Governor’s Supplier Diversity Council to include the study and consideration of how the State of Delaware does business with enterprises owned by individuals with disabilities as well as certain small businesses. The order also creates the new Small Business Focus (SBF) Program. Businesses are eligible for the SBF Program based upon their size, which is measured by the number of employees (between 25 and 250 FTEs) and gross sales averaged over a three year period (up to $7 million). Any business in the SBF program must operate free from the control of a business larger than the eligibility size caps.

“We are committed to ensuring business owners with disabilities and small businesses are afforded the same opportunities as others,” said Governor Markell. “This executive order goes a step further in assisting these businesses in procurement with the State.”

The goal of the Supplier Diversity Council is to advocate for supplier diversity initiatives, and because of the contribution business owners with disabilities and small businesses of varying sizes make to the economic strength of the state, members of the council felt it was time to recognize and assist them.

“Our mission is to assist the entire supplier diversity community in competing for the provision of public works, goods and services to state government. With the signing of this executive order by Governor Markell, we can now make a difference by including businesses owned by individuals with disabilities and small businesses eligible for the program,” said Michelle Morin, Executive Director of the Office of Supplier Diversity in the Office of Management and Budget.

The SBF Program will increase opportunity for small businesses to participate in state procurement by:

  • Creating a registry of small businesses eligible for the program;
  • Measuring and analyzing spend on current and future procurement with the businesses eligible for the program; and
  • Revising agency Supplier Diversity Plans to direct state agencies to access the SBF Program Registry when making under-threshold procurements.

“The new Small Business Focus Program will increase the opportunities for the smaller small businesses to compete for under-threshold opportunities in state procurements,” said Ken Anderson, Chair of the Governor’s Supplier Diversity Council.

As part of Executive Order 44, all state executive agencies will be asked in the coming months to modify their supplier diversity plans to include SBF Program companies in their under-threshold purchase outreach. Currently, for purchases under the threshold, procurement officers need to seek three quotes, and one of the three quotes must be from a business listed in the Directory of Diverse Suppliers, which will now include businesses owned by individuals with disabilities. Agencies are also being asked to add that the second of three quotes is sought from a business listed in the SBF Program.

For more information on the efforts of the Office of Supplier Diversity visit http://gss.omb.delaware.gov/osd/index.shtml.

Joining Governor Markell at the signing of Executive Order 44 are members of the Governor’s Supplier Diversity Council; two Cabinet Secretaries, Housing and Management and Budget, with their staff; supplier diversity liaisons from various state agencies; and iNovo Applications Inc., which is a start-up business that is eligible for both new programs created under the order.
Joining Governor Markell at the signing of Executive Order 44, are members of the Governor’s Supplier Diversity Council; two Cabinet Secretaries, Housing and Management and Budget, with their staff; supplier diversity liaisons from various state agencies; and iNovo Applications Inc., which is a start-up business that is eligible for both new programs created under the order.


Governor Markell Executive Order: Preparing Delaware for Emerging Climate Impacts and Seizing Economic Opportunities from Reducing Emissions

WilmiDSCF1980ngton, DE – At an event along the Wilmington riverfront commemorating Sea level Rise Awareness Week, Governor Jack Markell signed an executive order creating a Governor’s Committee on Climate and Resiliency to oversee development of an implementation plan to maintain and build upon Delaware’s leadership in responsibly reducing greenhouse gas emissions and develop agency-specific actionable recommendations for improving Delaware’s preparedness and resiliency to climate impacts.

As a low-lying coastal state, Delaware has the lowest average land elevation in the United States and a significant population living along 381 miles of shoreline vulnerable to coastal erosion, storm surge, flooding, saltwater intrusion and tidal wetland losses, all of which will be exacerbated by sea-level rise.

“Our economy will be stronger and our communities more vibrant, if we take strategic actions today that will prepare us for the future,” said Governor Jack Markell.  “Despite existing programs and initiatives, the state continues to experience very real and wide-ranging impacts from flooding that are aggravated by more intense storms and rising sea levels.”

The Governor noted that over the past few years, Delaware has seen:

  • hurricanes, droughts, record precipitation and severe inland and coastal flooding, affecting Delaware’s people, communities, economy, natural resources and quality of life
  • droughts threaten agricultural production
  • storms topple beaches essential to tourism
  • record flooding in the Southbridge area of Wilmington
  • Bayshore towns like Kitts Hummock, Bowers Beach, Prime Hook, and Lewes, along with ocean-front communities (Rehoboth, Dewey, Bethany, Fenwick) have experienced extensive beach erosion and flooding from the effects of Hurricane Irene and Hurricane Sandy and other storms
  • Flooding in communities like Oak Orchard in the Inland Bays and Seaford along the Nanticoke River

Benjamin Franklin’s old adage that an ounce of prevention is worth a pound of cure applies more now than ever before,” said Collin O’Mara, Secretary of the Delaware Department of Natural Resources and Environmental Control.  “The actions that Delaware takes today under Governor Markell’s leadership will reduce Delaware vulnerabilities to extreme storms and sea-level rise and will prevent hundreds of millions of dollars in future damages buy improving the resiliency of our economy, local communities, and natural resources.”

“The science is clear: Human activities are significantly contributing to climate change and accelerated sea level rise – and we must take action,” said Governor Markell.  “Improving Delaware resiliency is not simply an environmental issue – it is essential to supporting a thriving economy and protecting the health and safety of our residents.  It’s going to take the cooperation and participation of businesses, citizens, county and municipal governments as well as regional and federal entities to improve Delaware’s resiliency and serve as a model for others to replicate.”

Starting in 2010, Delaware’s 24-member Sea Level Rise Advisory Committee researched the effects that sea level rise could have on Delaware communities and in 2013, provided a list of recommendations to Secretary of the Department of Natural Resources and Environmental Control.

Executive Order 41 targets three goals:

  1. It calls for continuing Delaware’s national leadership in reducing greenhouse gas emissions in ways that strengthen our economy.
  2. It requires that state agencies develop strategies to improve the resiliency of state operations and facilities with a focus on using natural systems and green infrastructure; share best practices with local governments; and reach out to residents and businesses about risks and adaptation strategies.
  3. It requires that all state agencies incorporate measures for adapting to increased flood heights and sea level rise in the siting and design of state-funded projects; we will be building for the future, instead of building to the past.  (note: this was a recommendation of both the Sea Level Rise Advisory Committee and the Floodplain and Drainage Advisory Committee).

It should be noted that Delaware has made progress in reducing emissions and becoming more resilient to weather event by:

  • Decreasing greenhouse gas emissions by a greater percentage in Delaware than any other state in the nation (U.S. Department of Energy)
  • Having switched or shut down 9 of 10 coal plants and building new low-emission generation
  • Having increased the deployment of solar 25-fold, from two megawatts to 50 in the past four years
  • Having the nation’s largest fuel cell farms and becoming a national leader in geothermal
  • Working with the City of Wilmington to construct a wetland to help alleviate flooding challenges in Southbridge
  • Repairing dikes in New Castle that protect thousands of residents and hundreds of businesses
  • Repairing dams and impoundments across Kent and Sussex; restoring wetlands; strategically nourishing beaches; updating drainage codes

The  responsibilities of the Governor’s Committee on Climate and Resiliency include the following:

  • No later than December 31, 2014, reporting to the Governor on completion of a plan to reduce greenhouse gas emissions.  That plan must ensure that greenhouse gas reduction efforts have a positive effect on Delaware’s economy, including:
    • Securing cleaner, cheaper, more reliable energy;
    • Improving public health outcomes;
    • Increasing employment;
    • Strengthening manufacturing; and
    • Enhancing overall competitiveness.
  • No later than December 31, 2014, reporting to the Governor on agency-specific, actionable recommendations to improve preparedness and resiliency to climate impacts on public health/safety, infrastructure, natural ecosystems, agriculture, tourism, and other industries, including:
    • Actions state agencies can take to prepare for more extreme storms and projected temperature and precipitation variations;
    • Actions local governments can take “to improve community resiliency,” including (1) assessing vulnerabilities in infrastructure; (2) land use policies; and (3) other strategies that can be integrated into Comprehensive Land Use Plans; and
    • Outreach strategies.

The Order would require all State Agencies to incorporate measures for adapting to increased flood heights and sea level rise in the siting and design of projects for construction of new structures and reconstruction of substantially damaged structures and infrastructure.

For more information, including Committee membership, see Executive Order Forty-One.


Department of State Announces Public Hearing Schedule for Review of Agency Regulations

The Delaware Department of State announced today that it will hold public hearings next month in all three counties as part of Governor Markell’s effort to improve Delaware’s regulatory climate and to streamline or eliminate unnecessary regulations.

The Department’s public hearings are being conducted in connection with Governor Markell’s Executive Order No. 36, a statewide review by all agencies to identify and remove regulatory hurdles. The Department’s hearings are scheduled for:

  • Wednesday, January 9, 2013 at 6:00 p.m. at Sussex Central High School, 26026 Patriots Way, Georgetown, DE 19947
  • Wednesday, January 16, 2013 at 6:00 p.m. at Delaware State University, Bank of America Building, Longwood Auditorium, 1200 N. DuPont Highway, Dover, DE 19901
  • Wednesday, January 23, 2013 at 8:00 p.m. at the Carvel State Office Building, 2nd Floor Auditorium, 820 N. French Street, Wilmington, DE 19801

“Governor Markell is committed to a thorough reevaluation of state regulations, clearly demonstrated by his signing of Executive Order 36.” said Secretary of State Jeffrey W. Bullock.  “It is very important to us that members of the public provide feedback on current regulations that they think should be modified or eliminated. We welcome them to either attend one of our public hearings or use the online submission form.”

The online submission form is located at http://sos.delaware.gov. Comments will be accepted through March 1, 2013.

Executive Order 36 provides an opportunity for state agencies to review regulations on their books, and streamline or eliminate those that are outdated, inconsistent or no longer serve their intended purpose. After formal comment, the  Department will consider the input received and change or remove regulations accordingly. The Governor will submit a report to the General Assembly detailing the regulatory changes in all state agencies in June 2013.


Governor Markell Signs Executive Order To Simplify and Clarify State Agency FOIA Policies

Governor Also Signs SB 87 Establishing Standard FOIA Form

New policies will significantly reduce costs to many parties requesting information under FOIA

Delaware State Seal

Photos available for media use on flickr courtesy of Patrick Jackson, Delaware State Senate.

Governor Jack Markell today signed Executive Order No. 31, which requires executive branch agencies to adopt a standardized policy for requests under the state’s Freedom of Information Act (FOIA).  Executive Order No. 31 brings greater consistency to agency FOIA policies, makes it easier to file a FOIA request and in many cases, makes it less expensive for citizens to request and receive public records.    The cost of a state agency FOIA request will be lowered, in many cases, between 60-and-80-percent.

The Governor also signed Senate Bill 87, which establishes a standard form for FOIA requests.  SB 87 was sponsored by Sen. Karen E. Peterson (D-Stanton) and Rep. E. Bradford Bennett (D-Dover), and is intended to reduce confusion and simplify the process for making requests to state government, local governments, school districts and other public bodies.  The form was prepared by the Attorney General’s Office in accordance with SB 87 and will be available on the web pages of all executive branch agencies.  You can find the form here.

“Delaware’s Freedom of Information Act helps ensure transparency and accountability in government, which is the people’s business,” said Governor Markell.  “This Executive Order makes it easier for citizens to make FOIA requests, requires executive branch agencies to be more consistent in how they respond to these requests, and in many cases, substantially reduces the cost of FOIAs.  This Order and Senate Bill 87 are an important part of our efforts to make state government more open, efficient and responsive to the needs of Delaware citizens.”

“Helping to ensure that citizens have access to information they can use to protect themselves and improve their communities one of many ways we serve Delawareans,” Attorney General Beau Biden said.  “Delaware’s government sunshine laws guarantee citizens have the right to information that  is essential when it comes to protecting our families, guarding our finances and making our communities stronger.”

“Senate Bill 87 is going to make it easier and simpler for the public to make FOIA requests,” said Senator Karen Peterson.  “A standard form will help reduce confusion, and I applaud the Attorney General for crafting a form that is simple and easy to use.  The Governor’s executive order is going to help too, by making sure executive branch agencies follow a set of uniform policies.  We have made substantial progress on open government in the last few years, and we’re continuing that today.”

The Governor’s Executive Order requires state agencies to adopt standardized FOIA policies from a template prepared with input from executive branch agencies and the Office of the Attorney General.  Currently, not all state agencies have adopted FOIA policies and for those that have had policies, there has been little consistency or coordination among agencies.  Agencies will also be required to develop a web portal to accept FOIA requests over the internet.  The website for making requests of executive branch agencies will be located at http://de.gov/foiarequest.

Executive Order No. 31 will:

  • Reduce copying costs.  Under existing FOIA policies, state agencies may charge copying fees ranging from $0.10 to $0.50 per page for standard black-and-white copies.  Under the new policy, fees for such copies will be $0.10 per page, with the first 20 pages free.  Thus, requesting parties from many agencies may save up to 60-80% over what they would have paid under existing agency policies.
  • Adopt a “No Wrong Door” policy.  If a Requesting Party initiates a FOIA request that would more appropriately be directed to another agency, the agency must promptly forward the request to the FOIA coordinator at the appropriate agency.
  • Make it easier to request public records.  The policy allows individuals to initiate FOIA requests in person; by mail, fax, or email; or via the form required by SB 87.  Existing agency policies permit individuals to initiate requests in some of the above ways, but not all.
  • Provide a point of contact in each executive branch agency.  Each executive branch agency must designate a “FOIA Coordinator” to serve as the point of contact for FOIA requests, and to coordinate the agency’s responses.  The FOIA Coordinator, who must be identified on the Agency’s website, is required to make every reasonable effort to assist parties requesting public records under FOIA.   Click here for list of FOIA Coordinators.

Executive branch agencies must develop a portal for receiving FOIA requests through the internet, if they don’t already have one, by December 1, 2011 and adopt new FOIA policies no later than February 1, 2012.