N.Y. Comp. Codes R. & Regs. tit. 9 § 3.9

Current through Register Vol. 46, No. 43, October 23, 2024

Section 3.9 - Executive order no. 9: assigning certain functions to the department of state in connection with the federal economic opportunity act of 1974

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 assign certain functions to the Department of State in connection with the Federal Economic Opportunity Act of 1964 and all amendments thereto.

I. The Department of State

The Department of State shall:

1. Implement the Federal Economic Opportunity Act of 1964 and all amendments thereto; and

2. Coordinate the efforts of all State departments and agencies as they relate to participation in the Economic Opportunity Act; and

3. Provide and coordinate, to the extent that resources are available, training, technical assistance and other advisory services to local governments and community organizations in developing and administering community action programs intended to serve the disadvantaged or to upgrade the quality of community life; and

4. Act, as requested, as a liaison between local governments and State agencies and also between local governments and the Federal government in relation to Economic Opportunity programs.

II. Grants and Gifts

The Secretary of State may, with respect to the functions, powers and duties herein assigned to him, and with the approval of the Governor, accept, agree to accept or contract for as an agent of the State, any grant, including Federal grants, or any gift for any of the purposes of this Order, including funds from the Federal Government granted under the provisions of the Economic Opportunity Act of 1964. Any monies so received may be expended by the Secretary to effectuate the purpose of this Order subject to the same limitations as to approval of expenditures and audit as are prescribed for State monies appropriated for the purpose of this Order.

III. Assistance of Other State Agencies

In exercising its powers and duties, the Department of State may call upon other State departments and agencies to provide, within available resources, such assistance as the Department may deem appropriate.

IV. Revocation of Previous Order, Effective Date, and Transfer Provisions

Executive Order Number 46, issued by Governor Rockefeller on April 2, 1971, which vested responsibility for implementing the Federal Economic Opportunity Act of 1964 in the Office for Local Government, is hereby revoked and superseded by this Executive Order, effective May 20th, 1975. On such date, all rights and obligations of the Office for Local Government under any contract or agreement relating to functions, powers and duties transferred to the Department of State by this Order, are hereby transferred and assigned to, developed upon and assumed by the Department of State. With respect to the functions, powers, duties, rights and obligations so transferred and assumed, the Department of State shall be deemed and held to constitute the continuation of the Office for Local Government, not a different agency or authority. Any proceeding or other business or matter heretofore undertaken or commenced by or before the Office for Local Government with respect to functions, powers, duties, rights and obligations transferred to the Department of State may be conducted and completed by the Department of State in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the Office for Local Government.

Provision may be made, within appropriations available therefor and subject to the Civil Service Law, for the transfer to the Department of State of such officers and employees of the Office for Local Government as the Secretary of State may deem necessary.

All appropriations or reappropriations together with any Federal funds advanced to the Office for Local Government for the functions, powers and duties, rights and obligations so transferred and assumed, to the extent of remaining unexpended or unencumbered balances thereof, whether allocated or unallocated and whether obligated or unobligated, shall be transferred to and made available for use by the Department of State for the same purposes for which originally appropriated or advanced, pursuant to an allocation to be made by the Director of the Division of the Budget.

Signed: Hugh L. CareyDated: May 20, 1975

[FN*] [Revokes and supersedes Executive Order No. 46, Nelson A. Rockefeller, § 1.46, infra]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.9