New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.34 - Executive order no. 34: access of military recruiters and personnel to state university and college facilities and services

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it has been, and it remains, the policy of this
					 State not to discriminate on the basis of sexual orientation in the provision
					 of benefits or services and in the State's capacity as an employer;
WHEREAS, Executive Order No. 28, issued November 18, 1983,
					 amended by Executive Order No. 28.1, issued April 21, 1987, has been construed
					 to deny, on account of Federal laws and policies relating to sexual
					 orientation, representatives of the United States armed forces access to the
					 career development facilities and services of the State University of New
					 York;
WHEREAS, a fundamental obligation of the Federal government
					 is to provide for the common defense of the United States and a strong
					 military, fully able to recruit the best and brightest prospects from America's
					 youth, is essential to fulfilling this mission;
WHEREAS, the United States Constitution vests regulation of
					 the United States armed forces exclusively in the President of the United
					 States and the United States Congress, and the states must avoid interference
					 with the national government's exercise of this vitally important duty;
WHEREAS, subsequent to the issuance of Executive Order Nos.
					 28 and 28.1, a new Federal policy concerning sexual orientation in the
					 military--one that focuses on conduct, rather than orientation--has been
					 enacted by the United States Congress and signed into law by President
					 Clinton;
WHEREAS, in addition to defending and protecting the United
					 States, the national military also serves as one of our country's leading
					 employers, and all New York State's students deserve an unfettered opportunity
					 to become aware of the extraordinary educational, occupational, and career
					 opportunities offered by the military; and
WHEREAS, the United States Department of Defense annually
					 sponsors tens of millions of dollars of research at the State University of New
					 York, and this valuable contribution to New York State's economy is conditioned
					 on allowing military recruiters access to the State University's facilities and
					 services;
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 amend the Statement of Policy in
					 Executive Order No. 28 by adding a new paragraph 5 to read as follows:
5. Notwithstanding any rule, regulation or
				  order to the contrary, the State University of New York and all other State
				  college campuses shall not bar, restrict, or otherwise limit the access of
				  representatives of any military organization operating under the authority of
				  the Federal government to university and college facilities and services for
				  the purpose of informing students of the educational, occupational, and career
				  opportunities offered by the United States armed forces on account of such
				  organization's compliance with laws, rules, regulations or policies of the
				  United States government or any agency, department or branch thereof.
Signed: George E. PatakiDated: April 9, 1996
[FN[DAGGER]] [Revoked by Executive Order No. 2 (Andrew M.
					 Cuomo), infra.]