In pursuit of New York State's policy against discrimination as expressed in the State Constitution and the State Human Rights Law, it is the responsibility of the New York State Division of Human Rights to enforce the State's policy of ensuring full and equal employment opportunity for minorities, women and the disabled at all levels of State government.
Therefore, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, I, Hugh L. Carey, Governor of the State of New York, do hereby establish the following:
I. Responsibilities of State Agencies and the State Division of Human Rights.1. Each State agency or department shall develop a written affirmative action program, including the development of specific goals and timetables for the prompt achievement of full and equal employment opportunity for minorities, women and the disabled. This plan shall be submitted to the Division of Human Rights by every State agency or department no later than December 1, 1976. The Division of Human Rights shall review and evaluate these plans on an agency-by-agency basis and, where necessary, assist the agencies in improving and implementing their programs.2. In furtherance of the foregoing, the State Department of Civil Service shall provide technical assistance to the Division of Human Rights and to the agencies, where appropriate. The State Department of Civil Service shall submit regularly to the Division of Human Rights, upon the request of the division, reports of the composition of the work force of each State agency and department by sex and ethnic identity, for all job categories, salary grades and civil service classifications. Each State agency or department shall cooperate with the Division of Human Rights by duly complying with all requests for such further data as the Division of Human Rights deems necessary to effectuate the purposes of this order. The Division of Human Rights shall review and evaluate these reports on an agency-by-agency basis.3. In accordance with Executive Order No. 8, dated April 11, 1975, the Women's Division in the Executive Chamber shall assist the Division of Human Rights and the agencies by providing its expertise and guidance in areas of special sensitivity and concern to women. However, the requirement in Executive Order No. 8 for biannual reports to the Governor is hereby revoked and superseded by the reporting provisions of this Executive Order. Agency heads shall continue to supply to the Governor any information which the Governor or the Director of the Women's Division requests to demonstrate implementation of Executive Order No. 8.4. The Division of Human Rights will monitor affirmative action efforts in all State agencies and provide quarterly reports of those efforts to the Governor.II. Establishment of the Governor's Executive Committee for Affirmative Action. 1. A committee shall be established within the Executive Department to be known as the Governor's Executive Committee for Affirmative Action. It shall consist of the President of the Civil Service Commission who shall serve as chairperson, the Commissioner of Human Rights, the Appointments Officer to the Governor, the Secretary of State, the Director of the Budget, the Director of the Women's Division, the Industrial Commissioner, the Director of the Office of Employee Relations, and the Special Assistant to the Governor for Urban Affairs. The committee shall designate a vice-chairperson, who shall serve at the pleasure of the committee and who shall perform the duties of chairperson in the chairperson's absence and at such other times as the chairperson may direct.2. The committee shall advise the Governor and assist the Commissioner of Human Rights in the formulation and coordination of plans, policies and programs relating to affirmative action in all State departments and agencies and in assuring effective implementation of such policies, plans and programs by such agencies. The committee shall submit to the Governor each year a written report of the committee's activities and recommendations.III. Revocation of Prior Executive Order and Effective Date. Executive Order No. 27, dated May 7, 1968, and continued by Executive Order No. 1, dated January 1, 1975, is hereby revoked and superseded by this Executive Order.
Signed: Hugh L. CareyDated: September 15, 1976
In furtherance of New York State's policy of equal opportunity, and in order to ensure the completion and full implementation of the affirmative action efforts instituted pursuant to Executive Order No. 40, dated September 15, 1976, I, Hugh. L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:
I. Continuation of the Governor's Executive Committee for Affirmative Action. 1. The Governor's Executive Committee for Affirmative Action is hereby continued, and its membership shall hereafter consist of the following: the President of the State Civil Service Commission who shall serve as chairperson, the Commissioner of Human Rights, the Appointments Officer to the Governor, the Secretary of State, the Director of the Budget, the Industrial Commissioner, the Director of Employee Relations, the Commissioner of Commerce, the Director of the Women's Division, the Advocate for the Disabled, and the New York State Director of Veterans' Affairs. The committee shall designate a vice-chairperson, who shall serve at the pleasure of the committee and who shall perform the duties of chairperson in the chairperson's absence and at such other times as the chairperson may direct.2. The committee shall continue to perform its duties of advising the Governor and reporting to him annually as established pursuant to Executive Order No. 40, and it shall assume additional duties and responsibilities as set forth below.II. Completion of Review of State Agencies' Affirmative Action Plans. 1. By July 31, 1980, the State Division of Human Rights shall complete its review and evaluation of those written affirmative action plans submitted by State agencies and departments which have not yet been approved pursuant to Executive Order No. 40.2. In furtherance of the foregoing, the affected State agencies shall cooperate with the Division of Human Rights and other appropriate agencies in order to complete the review and evaluation of all written affirmative action plans by July 31, 1980.3. The time limits set forth in this paragraph may only be extended with the approval of the Governor's Executive Committee for Affirmative Action.III. Responsibilities of the President of the Civil Service Commission and the Department of Civil Service. 1. The President of the Civil Service Commission, working through the Department of Civil Service, shall be responsible for monitoring the implementation of the written affirmative action plans of the State agencies. Accordingly, the Division of Human Rights shall immediately transmit to the President of the Civil Service Commission all such written plans heretofore approved by the division and shall, not later than July 31, 1980, transmit such plans as may be unapproved as of the date of this Executive Order.2. In its role as lead agency in the implementation of affirmative action plans, it shall be the responsibility of the Department of Civil Service to provide technical assistance, direction and training, as appropriate, to individual State agencies in their efforts to implement their affirmative action plans; to monitor, on a continuing basis, the implementation and the need for revising or amending such plans; and to recommend such changes as may be necessary or appropriate in law, rule, regulation or policy to support the State's affirmative action efforts. It shall also be the responsibility of the department to provide the staff work for the development of comprehensive statewide affirmative action policies, goals, objectives and implementation strategies.3. Within 120 days of the date of this Executive Order, the Department of Civil Service shall issue guidelines for the revision of the current affirmative action plans of State agencies. These guidelines shall provide for the development of affirmative action strategies for the employment of Vietnam Era veterans and disabled persons.IV. Responsibilities of the Division of Human Rights. 1. The Division of Human Rights, in addition to its duties pursuant to article 15 of the Executive Law, and those assigned to it by paragraph II of this Executive Order, shall advise and cooperate with the Department of Civil Service in the development of guidelines for the broadening of affirmative action plans with respect to Vietnam Era veterans and disabled persons.2. The Division of Human Rights shall also advise and cooperate with the Department of Civil Service in the review of any amendments proposed to be made to previously approved affirmative action plans which are transmitted to the Department of Civil Service for approval pursuant to paragraph V(1) below.V. Responsibilities of All State Agencies. 1. The head of each State agency shall be responsible for the implementation of the agency's affirmative action program and for developing, subject to approval by the Department of Civil Service, a broadened affirmative action plan and program, including provisions for the inclusion of affirmative action strategies for the employment of Vietnam Era veterans and disabled persons.2. The head of each State agency shall designate one full-time employee as the agency's affirmative action officer and report such designation to the President of the Civil Service Commission. The affirmative action officer shall report directly to the agency head, participate in mandatory training to be provided by the Department of Civil Service, and shall have such subordinate staff as may be appropriate to accomplish his or her duties. The numbers and levels of such staff shall be based on such factors as agency size, complexity, need for affirmative action, and the amount of State and Federal funds administered.3. By December 1 each year, each State agency shall submit an Annual Report on Affirmative Action to the Governor's Executive Committee for Affirmative Action. Such submission shall include, in a format to be designed by the Department of Civil Service, a report on the agency's employment actions with respect to minorities, women, disabled persons and Vietnam Era veterans, and shall identify the agency's achievements, deficiencies, proposed solutions to problems, the need for external assistance and such other matters as may be appropriate or requested. This reporting requirement shall not be deemed to supersede the requirement of Executive Order No. 8 with respect to reports to be submitted to the Governor regarding the representation of women in the State's work force. Each agency shall submit a copy of its Annual Report on Affirmative Action to the Department of Civil Service and to the Division of Human Rights.4. Upon the request of the committee, the head of each State agency, or the agency's principal deputy, shall meet with the Governor's Executive Committee for Affirmative Action and report in person to such committee on the agency's affirmative action program. It shall be the Executive Committee's responsibility to schedule such meetings, and it shall be the duty of every agency head to comply with such requests for data or other information or reports as the Executive Committee may deem appropriate for analysis and review in advance of such meeting.VI. Establishment of the Affirmative Action Advisory Council. 1. There is hereby established the New York State Affirmative Action Advisory Council. It shall consist of the affirmative action officers designated by each State agency pursuant to paragraph V(2) of this Executive Order, and of such other officers and employees as may be deemed appropriate.2. It shall be the responsibility of the Advisory Council to advise the Governor's Executive Committee on Affirmative Action of the concerns of the professional affirmative action officers and to provide staff services to the Governor's Executive Committee in such program areas as may be selected by such committee. It shall also be the responsibility of the Advisory Council to assist in the development of uniformity and efficiency in the State's comprehensive affirmative action program and to advise the Department of Civil Service on all existing and proposed policies, procedures, practices and programs relating to or affecting affirmative action. Executive secretarial services shall be provided to the Advisory Council by the Department of Civil Service.3. As members of the Affirmative Action Advisory Council, it shall be the duty of each affirmative action officer to submit, on behalf of the agency he or she represents, such periodic affirmative action reports to the council as may be deemed necessary to effectuate the purposes of this Executive Order.VII. Revocation of Prior Executive Order and Effective Date. Except as expressly continued by this Executive Order, Executive Order No. 40, dated September 15, 1976, and continued by Executive Order No. 79, dated January 1, 1979, is hereby revoked and superseded by this Executive Order.
Signed: Hugh L. CareyDated: April 8, 1980
[FN*] [Revokes and supersedes Executive Order No. 27 (Nelson A. Rockefeller), § 1.27, supra.]
[FN**] [Amends Executive Order No. 8 (Hugh L. Carey), § 3.8, supra.]
[FN[DAGGER]] [Revoked and superseded by Executive Order No. 40.1, infra, except as expressly continued by it.]
[FN[DOUBLE DAGGER]] [Revoked and superseded by Executive Order No. 6 (Mario M. Cuomo), § 4.6, infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.40
Amends Executive Order No. 8 (Hugh L. Carey), § 3.8, supra.