N.Y. Comp. Codes R. & Regs. tit. 9 § 5.91
WHEREAS, the New York State Constitution (Art. XI, sec. 1) requires the State of New York to maintain and support a system of free common schools, wherein all the children of this State may be educated;
WHEREAS, the laws of this State provide that all public school districts are under the superintendence and regulation of the State Education Department (Education Law, sec. 101 et seq.);
WHEREAS, the State Education Department is charged by law with administering State aid programs for school districts, including the auditing and examination of aid claims submitted by districts, and with promulgating rules, regulations and policies to safeguard the integrity of such State aid programs;
WHEREAS, the State provides approximately twelve billion dollars each year in financial support to the school districts of New York, including aid for instructional programs, as well as moneys for building, transportation, technology and other infrastructure needs to support the delivery of educational services;
WHEREAS, the laws of this State require school districts to furnish accurate, timely and complete data to the State Education Department and other State entities, including the Division of the Budget and the Department of Audit and Control, in order to develop the State budget and to determine the proper apportionment of State aid moneys among public school districts;
WHEREAS, the State role in supervising, regulating and funding public school districts extends to the City School District of the City of New York, for which the State provides over four billion dollars each year in financial support;
WHEREAS, the State role in supervising, regulating and funding public schools extends to the New York City School Construction Authority, a state public authority created by the State Legislature in 1988 to manage the process by which schools within the New York City School District are renovated and constructed, with the State providing reimbursement for sixty-five percent of approved school construction costs;
WHEREAS, in 1997, the State Legislature established the Transitional Finance Authority to assist in the financing of school construction projects in the New York City School District, and this authority has financed more than one billion dollars in such projects;
WHEREAS, there have been reported instances of systemic deficiencies in the management and administrative practices of the New York City School District and the New York City School Construction Authority, including:
WHEREAS, sixty percent of the public school buildings in the City of New York were constructed more than fifty years ago, and many require substantial modernization and capital repairs, and the need for new classroom space in the City remains significant;
WHEREAS, it is anticipated that the State will continue to allocate billions of dollars annually in financial support to the New York City School District;
WHEREAS, the New York City School District has proposed investing eleven billion dollars in state and local funds in school construction projects over the next five years;
WHEREAS, it is the policy of this Administration to ensure public confidence in the delivery of educational services within this State, including the New York City School District, and the methods through which State government supervises, regulates and finances these services;
WHEREAS, it is the policy of this Administration to ensure that tax dollars are used in the most effective and efficient manner possible, and that the unprecedented infusion of State and local resources for education is invested wisely;
WHEREAS, the New York State Constitution (Art. IV, sec. 3) directs the Governor to take care that the laws of this State are faithfully executed;
WHEREAS, there is a demonstrated need to examine the effectiveness of the laws, regulations and procedures governing the State superintendence and funding of the New York City School District and the New York City School Construction Authority and to determine whether District or Authority practices impede the proper administration and enforcement of said law, regulations and procedures by the State, the State Education Department and other State entities;
WHEREAS, there is a demonstrated need to investigate the State's ability to properly supervise, regulate and allocate operational and capital funding to the New York City School District and the New York City School Construction Authority, and to evaluate the adequacy of the laws, regulations and procedures relating thereto;
NOW, THEREFORE, I, GEORGE E. PATAKI, 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, including section six of the Executive Law, do hereby establish a Special Commission to Investigate the Management and Administrative Practices of the New York City School System and the New York City School Construction Authority and the Laws, Regulations and Procedures Relating Thereto. The Special Commission shall investigate the management and affairs of all departments, boards, bureaus or commissions of the State of New York with respect to (a) the superintendence and regulation of, and the apportionment of state funding to, the New York City School District and (b) the management and operations of the New York City School Construction Authority. The Special Commission is specifically directed to, inter alia:
The Special Commission shall consist of Roslynn R. Mauskopf, who shall serve as Chair, and such other members as I shall appoint. The Special Commission shall adopt such internal rules and procedures as it shall deem necessary and appropriate.
The Special Commission is hereby empowered to subpoena and enforce the attendance of witnesses, administer oaths and examine witnesses under oath, and require the production of any books, papers or records deemed relevant or material, and I hereby give and grant to the Special Commissioners, all and singular, all the powers and authorities which may be given or granted to persons appointed by me for such purpose under authority of section six of the Executive Law. The Special Commission is authorized to perform any other functions necessary to fulfill the duties and responsibilities of this Order.
The Special Commission shall employ such counsels, deputies, officers and staff and other persons as it may require and fix their compensation within the limits of funds available therefor, and it shall also have the power to contract with outside consultants for assistance. The Special Commission and counsels, deputies, officers and staff shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties.
If in the course of its inquiry the Special Commission obtains evidence of any past or present violation of law, such evidence shall be communicated promptly to appropriate law enforcement authorities.
The Special Commission shall have the power to issue interim reports at its discretion, and shall issue a report no later than December 1, 1999 setting forth findings and recommendations.
Every department, division, board, bureau, agency, council, authority or public benefit corporation shall provide every assistance, facility and cooperation which may be necessary or desirable for the accomplishment of the duties assigned to the Special Commission.
Signed: George E. Pataki
Dated: January 25, 1999
Executive Order No. 91.1
[DAGGER]
*
Appointing a Special Commission to Investigate the management and Administrative Practices of the New York City School System and the New York City School Construction Authority and the Laws, Regulations and Procedures Relating Thereto.
WHEREAS, the Special Commission to Investigate the Management and Administrative Practices of the New York City School System and the New York City School Construction Authority and the Laws, Regulations and Procedures Relating Thereto, established by Executive Order No. 91 dated January 23, 1999, has requested additional time for further investigation;
WHEREAS, the Special Commission has provided good cause to continue its investigation; and
WHEREAS, it is in the best interest of the State that the investigation conducted by the Special Commission be thorough and complete.
NOW, THEREFORE, I, GEORGE E. PATAKI, 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 continue Executive Order No. 91 dated January 23, 1999, except that the penultimate subdivision of such Executive Order is amended to read as follows:
The Special Commission shall have the power to issue interim reports at its discretion, and shall issue a final report upon the completion of its investigation.
Executive Order No. 91.2*
Appointing a Special Commission to Investigate the Management and Administrative Practices of the New York City School System and the New York City School Construction Authority and the Laws, Regulations and Procedures Relating Thereto.
WHEREAS, the Special Commission to Investigate the Management and Administrative Practices of the New York City School System and the New York City School Construction Authority and the Laws, Regulations and Procedures Relating Thereto, established by Executive Order No. 91 dated January 23, 1999, as modified by Executive Order No. 91.1 dated December 15, 1999, has stated that various allegations of abuse or wrongdoing pertaining to the New York City School System and the New York City School Construction Authority involving matters in addition to those it was specifically directed to examine by Executive Order No. 91 have come to its attention during the course of its investigations pursuant to said Order; and
WHEREAS, it is in the best interest of the State that the Special Commission pursue these additional allegations to the extent it deems appropriate;
NOW, THEREFORE, I, GEORGE E. PATAKI, 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 continue Executive Order No. 91 dated January 23, 1999, as modified by Executive Order No. 91.1 dated December 15, 1999, except that Executive Order No. 91 is amended to replace the period with a semicolon at the end of subparagraph (b) in the sentence on page 3 of said Order beginning "The Special Commission shall investigate the management and affairs of all departments, boards, bureaus or commissions of the State of New York. . . " and add immediately thereafter the following subparagraph: and (c) the Special Commission may also investigate and inquire into any allegations of abuse or wrongdoing uncovered during the course of its investigations.
Footnotes
* [Continued and amended by Executive Order No. 91.1, (George E. Pataki), infra.]
[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.]
[DAGGER] [Continues and amends Executive Order No. 91, (George E. Pataki), supra.]
* [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 § 5.91