WHEREAS, In March 1986, I, acting jointly with the Mayor of the City of New York, appointed the State-City Commission on Integrity in Government to make recommendations for improving laws, regulations and procedures relating to the prevention of corruption, favoritism, undue influence and abuse of official position in government;
WHEREAS, Such commission has issued reports identifying serious flaws in certain existing laws, regulations and procedures within the subject matter of its inquiry;
WHEREAS, Such commission has issued a final report in which it recommends the appointment of a new commission with investigative powers, including the authority to compel the attendance and testimony of witnesses and the production of records;
WHEREAS, Since the appointment of such commission last March, events bearing on public confidence in the integrity of government have continued to unfold;
WHEREAS, Certain completed and ongoing criminal prosecutions raise issues relating to integrity in government which are more appropriately explored in a parallel investigation than in the course of such prosecutions; and
WHEREAS, It is my judgment that it is of compelling public importance that weaknesses in existing laws, regulations and procedures relating to government integrity be further investigated and addressed:
NOW, THEREFORE, pursuant to section 6 and subdivision 8 of section 63 of the Executive Law, I, Mario M. Cuomo, Governor of the State of New York, do hereby:
I. Appoint a commission to be known as the Commission on Government Integrity with seven members, who shall be Joseph A. Califano, Jr., Richard D. Emery, Patricia M. Hynes, James L. Magavern, Bernard S. Meyer, Bishop Emerson J. Moore and Howard Simons, as special commissioners, to investigate the management and affairs of any department, board, bureau, commission (including any public benefit corporation) or political subdivision of the State in respect to the adequacy of laws, regulations and procedures relating to maintaining ethical practices and standards in government, assuring that public servants are duly accountable for the faithful discharge of the public trust reposed in them, and preventing favoritism, conflicts of interest, undue influence and abuse of official position, and to make recommendations for action to strengthen and improve such laws, regulations and procedures.II. The commission shall, subject to paragraph I of this Order: 1. Investigate weaknesses in existing laws, regulations and procedures intended to prevent the use of public or political party position for personal enrichment, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.2. Investigate weaknesses in existing laws, regulations and procedures intended to prohibit conflicts of interest or bring about the disclosure of potential conflicts of interest, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.3. Investigate weaknesses in existing enforcement machinery for laws, regulations and procedures relating to unethical practices, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.4. Investigate weaknesses in existing laws, regulations and procedures regarding the sale or leasing of real property by or to governments, public authorities or public benefit corporations, the sponsorship of publicly assisted housing or other development projects, the solicitation of government business, permits, franchises, and the like, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.5. Investigate weaknesses in existing laws, regulations and procedures relating to campaign contributions and campaign expenditures, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.6. Investigate weaknesses in existing laws, regulations and procedures regarding the representation of private parties by public or political party officials before public agencies, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.7. Investigate weaknesses in existing laws, regulations and procedures regarding the selection of judges, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.III. Joseph A. Califano, Jr. is hereby designated Chairman of the Commission. I hereby give and grant to the commissioners all the powers and authorities that may be given or granted to persons appointed by me under authority of section 6 of the Executive Law; provided, however, that (1) the issuance of subpoenas shall require the prior approval of the chairman and at least three other commissioners, and (2) the commissioners may adopt such procedures as they believe necessary governing the exercise of the powers and authorities given or granted to the commissioners pursuant to such section 6.IV. Pursuant to subdivision 8 of section 63 of the Executive Law, and subject to paragraph I of this Order, I hereby direct the Attorney General to inquire into the matters set forth in paragraph I of this Order which I find involve public peace, public safety and public justice, and request that the Attorney General do so by appointing one or more of the above named commissioners or their counsels or deputies as Deputy Attorneys General and delegating to such Deputy Attorneys General authority to exercise the investigative powers that are provided for in an investigation pursuant to such section 63 upon a majority vote of the commission and with the approval of the chairman.V. The chairman shall have the power to employ such counsel, deputies, officers and other persons as the commission may require to accomplish the purposes of this Order, and to fix their compensation.VI. The commission in its inquiry shall comply with section 73 of the Civil Rights Law and with such other regulations and procedures as the commission may adopt to protect the rights of those affected by its inquiry and the integrity of its proceedings.VII. If in the course of its inquiry, the commission obtains evidence of the violation of existing law, such evidence shall promptly be communicated to the appropriate law enforcement authorities. The commission shall cooperate with prosecutorial agencies to avoid jeopardizing ongoing investigations and prosecutions.VIII. Every department, board, bureau, commission (including any public benefit corporation) or political subdivision of the State shall provide to the commission every assistance and cooperation, including use of State facilities, which may be necessary or desirable for the accomplishment of the duties or purposes of this Order. Signed: Mario M. CuomoDated: January 15, 1987
WHEREAS, In March 1986, I, acting jointly with the Mayor of the City of New York, appointed the State-City Commission on Integrity in Government to make recommendations for improving laws, regulations and procedures relating to the prevention of corruption, favoritism, undue influence and abuse of official position in government;
WHEREAS, Such commission has issued reports identifying serious flaws in certain existing laws, regulations and procedures within the subject matter of its inquiry;
WHEREAS, Such commission has issued a final report in which it recommends the appointment of a new commission with investigative powers, including the authority to compel the attendance and testimony of witnesses and the production of records;
WHEREAS, Since the appointment of such commission last March, events bearing on public confidence in the integrity of government have continued to unfold;
WHEREAS, Certain completed and ongoing criminal prosecutions raise issues relating to integrity in government which are more appropriately explored in a parallel investigation than in the course of such prosecutions; and
WHEREAS, It is my judgment that it is of compelling public importance that weaknesses in existing laws, regulations and procedures relating to government integrity be further investigated and addressed:
NOW, THEREFORE, pursuant to section 6 and subdivision 8 of section 63 of the Executive Law, I, Mario M. Cuomo, Governor of the State of New York, do hereby:
I. Appoint a commission to be known as the Commission on Government Integrity with seven members, who shall be John D. Feerick, Jr., Richard D. Emery, Patricia M. Hynes, James L. Magavern, Bernard S. Meyer, Bishop Emerson J. Moore and Cyrus R. Vance, as special commissioners, to investigate the management and affairs of any department, board, bureau, commission (including any public benefit corporation) or political subdivision of the State in respect to the adequacy of laws, regulations and procedures relating to maintaining ethical practices and standards in government, assuring that public servants are duly accountable for the faithful discharge of the public trust reposed in them, and preventing favoritism, conflicts of interest, undue influence and abuse of official position, and to make recommendations for action to strengthen and improve such laws, regulations and procedures.II. The commission shall, subject to paragraph I of this Order: 1. Investigate weaknesses in existing laws, regulations and procedures intended to prevent the use of public or political party position for personal enrichment, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.2. Investigate weaknesses in existing laws, regulations and procedures intended to prohibit conflicts of interest or bring about the disclosure of potential conflicts of interest, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.3. Investigate weaknesses in existing enforcement machinery for laws, regulations and procedures relating to unethical practices, and determine whether such weaknesses create undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.4. Investigate weaknesses in existing laws, regulations and procedures regarding the sale or leasing of real property by or to governments, public authorities or public benefit corporations, the sponsorship of publicly assisted housing or other development projects, the solicitation of government business, permits, franchises, and the like, and determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.5. Investigate weaknesses in existing laws, regulations and procedures relating to campaign contributions and campaign expenditures, and determine whether such weaknesses create and undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.6. Investigate weaknesses in existing laws, regulations and procedures regarding the representation of private parties by public or political party officials before public agencies, and determine whether such weaknesses create and undue potential for corruption, favoritism, undue influence or abuse of official position or otherwise impair public confidence in the integrity of government.7. Investigate weaknesses in existing laws, regulations and procedures regarding the selection of judges, and to determine whether such weaknesses create an undue potential for corruption, favoritism, undue influence, abuse of official position or otherwise impair public confidence in the integrity of government.III. John D. Feerick is hereby designated Chairman of the Commission. I hereby give and grant to the commissioners all the powers and authorities that may be given or granted to persons appointed by me under authority of section 6 of the Executive Law; provided, however, that (1) the issuance of subpoenas shall require the prior approval of the chairman and at least three other commissioners, and (2) the commissioners may adopt such procedures as they believe necessary governing the exercise of the powers and authorities given or granted to the commissioners pursuant to such section 6.IV. Pursuant to subdivision 8 of section 63 of the Executive Law, and subject to paragraph I of this Order, I hereby direct the Attorney General to inquire into the matters set forth in paragraph I of this Order which I find involve public peace, public safety and public justice, and request that the Attorney General do so by appointing one or more of the above named commissioners or their counsels or deputies as Deputy Attorneys General and delegating to such Deputy Attorneys General authority to exercise the investigative powers that are provided for in an investigation pursuant to such section 63 upon a majority vote of the commission and with the approval of the chairman.V. The chairman shall have the power to employ such counsel, deputies, officers and other persons as the commission may require to accomplish the purposes of this Order, and to fix their compensation.VI. The commission in its inquiry shall comply with section 73 of the Civil Rights Law and with such other regulations and procedures as the commission may adopt to protect the rights of those affected by its inquiry and the integrity of its proceedings.VII. If in the course of its inquiry, the commission obtains evidence of the violation of existing law, such evidence shall promptly be communicated to the appropriate law enforcement authorities. The commission shall cooperate with prosecutorial agencies to avoid jeopardizing ongoing investigations and prosecutions.VIII. Every department, board, bureau, commission (including any public benefit corporation) or political subdivision of the State shall provide to the commission every assistance and cooperation, including use of State facilities, which may be necessary or desirable for the accomplishment of the duties or purposes of this Order.IX. Executive Order Number 88, dated January 15, 1987, is superseded by this Executive Order. Signed: Mario M. CuomoDated: April 21, 1987
[FN*] [Superseded by Executive Order No. 88.1, infra.]
[FN[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.]
[FN*] [Supersedes Executive Order No. 88, supra.]
[FN[DAGGER]] [Revoked by Executive Order No. 31 (George E. Pataki), 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 § 4.88
Superseded by Executive Order No. 88.1, infra.