N.Y. Comp. Codes R. & Regs. tit. 9 § 4.18

Current through Register Vol. 46, No. 17, April 24, 2024

Section 4.18 - Executive order no. 18: establishing the commission on domestic violence

WHEREAS, domestic violence, the physical or psychological abuse of one family member by another, occurs in all social groups, and any family member can be a victim; and

WHEREAS, domestic violence causes family disintegration and psychological scars to the victims and other family members, and leads to the death and incapacity of many persons each year; and

WHEREAS, it is desirable to create an understanding of the scope of the domestic violence problem in the State, to provide an accurate assessment of the needs of families affected by violence, to identify weaknesses in the various institutions intended to protect family members from violence, and to formulate and implement proposals for more effective responses by the social, legal and medical systems;

NOW, THEREFORE, I, Mario M. Cuomo, 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 establish within the Executive Department the Commission on Domestic Violence.

I. The Commission shall advise the Governor and the Legislature of the most effective ways for State government to respond to the critical law enforcement and social problems posed by domestic violence. It shall consist of no fewer than 20 members, including at least one attorney, administrative representatives of the family and of the criminal court, one judge, one law enforcement official, one educator, one provider of community services to battered spouses, one member of the clergy, one mental health professional familiar with the impact on families of problems such as alcohol and substance abuse, one social worker familiar with the service needs of family members in a violent situation, one health care professional, one representative of organizations formed for the purpose of preventing domestic violence, and individuals who have themselves been victims of domestic violence.

The members of the Commission shall be appointed as follows: two of the members by the Speaker of the Assembly; two by the Temporary President of the Senate; one by the Minority Leader of the Assembly; and one by the Minority Leader of the Senate. The remaining members shall be appointed by the Governor. An Advisory Board to the Commission, comprised of the Commissioners and Directors of State agencies which are involved with the problem of domestic violence, as well as other appropriate public officials, shall also be established.

The members of the Commission shall not receive any salary or other compensation for their services but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. Reimbursement for such expenses, and compensation for such staff and services as may be deemed necessary by the chairperson, shall be made only within the amounts made available therefor and subject to the approval of the Director of the Budget.

II. The Commission shall submit to the Governor and the Legislature periodic reports, proposed legislation and administrative rules related to the following subjects:

1. Information regarding the extent and nature of domestic violence in New York;

2. Accessibility and effectiveness of existing services to New York's victims of domestic violence;

3. Goals, objectives and plans for future services to New York's victims of domestic violence;

4. Effectiveness of the present civil and criminal legal systems in responding to cases of domestic violence;

5. Ability of law enforcement and social service agencies to respond more effectively to cases of domestic violence;

6. Education and information to the public concerning services available to families affected by violence;

7. Intervention to help families under stress so as to prevent incidents of domestic violence.

III. The Commission may request and shall receive in a timely manner from any department, division, board, bureau, commission or agency of the State, assistance and data to enable it properly to carry out its powers and duties hereunder.

Executive Order No. 90, promulgated on May 17, 1979, is hereby revoked and superseded by this Executive Order as of the date hereof.

Signed: Mario M. CuomoDated: May 31, 1983

[FN*] [Revokes and supersedes Executive Order No. 90 (Hugh L. Carey), § 3.90, supra.]

[FN[DAGGER]] [Revoked and superseded by Executive Order No. 123, § 4.123, infra. ]

[FN[DOUBLE DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.18