New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.88 - Executive order no. 88: appointing special commissioners to investigate instances of corruption in the administration of government and to determine the adequacy of laws, regulations and procedures relating to government integrity

Current through Register Vol. 46, No. 28, July 10, 2024
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.