2023 New York Laws › GMU - General Municipal › Article 3 - Report of Financial Condition › 34 - Powers and Duties of Examiners.

§  34.  Powers  and  duties  of examiners. 1. The comptroller and each
  examiner of municipal affairs shall  have  power  to  examine  into  the
  financial  affairs  of  every  such  municipal  corporation,  industrial
  development agency, district, agency,  activity,  any  fire  company  as
  defined  in  section  two  hundred four-a of this chapter, and any other
  organization, except a statewide association  of  local  governments  or
  local  government  officials,  that  is controlled by one or more of any
  such municipal corporations, industrial development agencies,  districts
  or agencies. An organization shall be deemed under the control of one or
  more  municipal corporations, industrial development agencies, districts
  or agencies when one or  more  individuals  who  serve  as  officers  or
  employees  of  any  such  municipal  corporation, industrial development
  agency, district  or  agency:  (a)  select  either  a  majority  of  the
  organization's  highest  policy-making  body or the organization's chief
  executive officer; (b) constitute a majority of the voting strength that
  selects either a majority of the  organization's  highest  policy-making
  body or the organization's chief executive officer; or (c) serve as: (i)
  a majority of the organization's highest policy-making body; (ii) in his
  or her official capacity, the organization's chief executive officer; or
  (iii) in his or her official capacity, a partner in the organization. An
  organization  under  the  control of one or more municipal corporations,
  industrial  development  agencies,  districts  or  agencies  shall  also
  include any other organization that is controlled by such organization.
2. In connection with any examination authorized by subdivision one of
  this  section,  the  comptroller  and each examiner of municipal affairs
  shall have power to administer an oath to any person whose testimony may
  be required, and to compel the appearance and attendance of such  person
  for  the  purpose  of  any  such  examination and investigation, and the
  production of books and papers. In the case of a municipal  corporation,
  industrial  development agency, or school district, no such person shall
  be compelled to  appear  or  be  examined  elsewhere  than  within  such
  municipal   corporation,   industrial   development  agency,  or  school
  district. In the case of any district other than a school  district,  no
  such  person  may  be  compelled to appear or be examined elsewhere than
  within the town or one of the towns in which such  district  or  portion
  thereof  is  located.  In  the  case of an urban renewal agency, no such
  person shall be compelled to appear or be examined outside the municipal
  corporation wherein such agency is established. In the case  of  a  fire
  company,  no  such  person  shall  be compelled to appear or be examined
  outside the area served by the company. In the case of an  activity,  no
  such  person shall be compelled to appear outside the area served by the
  activity. In the case of an organization under the  control  of  one  or
  more  municipal corporations, industrial development agencies, districts
  or agencies, no such person shall  be  compelled  to  appear  or  to  be
  examined  outside the county in which the organization has its principal
  headquarters. Willful  false  swearing  in  such  examination  shall  be
  perjury and shall be punishable as such.
3.  For  purposes  of  this  section,  the  term  "a  majority  of the
  organization's highest policy-making body" shall mean a majority of  the
  whole  number of positions comprising such body, provided, however, that
  if the documents establishing  the  organization's  internal  governance
  allow  such  body to act by a majority of a quorum, then such term shall
  mean a majority of the quorum.