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 5.12 - Executive order no. 12: establishing the committee to evaluate and recommend candidates for appointment as interim district attorney or sheriff

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, from time to time a vacancy may occur for the
					 office of district attorney or sheriff;
WHEREAS, district attorneys and sheriffs are constitutional
					 officers with broad law enforcement duties within their jurisdictions;
WHEREAS, the County Law authorizes the Governor to fill a
					 vacancy for the office of district attorney by appointment, and to fill a
					 vacancy for the office of sheriff by appointment with the advice and consent of
					 the Senate;
WHEREAS, the first obligation of government is to protect
					 its citizens from crime and violence; public confidence in the criminal justice
					 system has been eroded; and district attorneys and sheriffs exercise important
					 responsibilities in the administration of the criminal justice system;
WHEREAS, citizens within a county in which a vacancy for
					 district attorney or sheriff occurs must be served by highly qualified public
					 officials until such time that they duly elect a candidate to hold such office;
					 and
WHEREAS, a screening committee should evaluate the
					 qualifications of potential appointees and recommend to the Governor those
					 persons who are highly qualified to hold the office of district attorney or
					 sheriff;
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 establish the Committee to Evaluate
					 and Recommend Candidates for Appointment as Interim District Attorney or
					 Sheriff, now by Executive Order:
I.
				  Membership.
Members of the committee shall consist of Paul L.
					 Schectman, the State Director of Criminal Justice, who shall be the chairperson
					 of the Committee, Michael C. Finnegan, the Counsel to the Governor, Victoria A.
					 Graffeo, the Solicitor General, John F. O'Mara, former President of the New
					 York State District Attorney's Association and the Hon. Lawrence H. Cooke,
					 former Chief Judge of the Court of Appeals. Members of the committee shall
					 receive no compensation for their service, but shall be entitled to
					 reimbursement for any necessary expenses incurred in connection with the
					 performance of their duties.
II. Powers and Responsibilities.
The committee shall, whenever a vacancy occurs for the
					 office of district attorney or sheriff:
1. consider and evaluate the qualifications
				  of any candidate proposed to it by any person or group;
2. conduct all appropriate inquiries into the
				  background and qualifications of any candidate;
3. recommend for appointment only those
				  candidates who, as determined by a majority vote of all members of the
				  committee, are highly qualified for the office for which they are being
				  considered;
4. in reviewing and
				  evaluating the qualifications of candidates, each committee member shall give
				  primary consideration to the quality of a candidate's intellect, judgment,
				  temperament, character and experience, and shall not give any consideration
				  whatsoever to the race, religion, gender, national origin, sexual orientation
				  or political party affiliation of a candidate.
All records and deliberations of the committee and all
					 communications to the Committee with respect to a candidate's qualifications
					 shall be held in confidence and shall not be disclosed to anyone other than the
					 Governor, Counsel to the Governor or their designees. Notwithstanding the
					 foregoing, information submitted to the Committee may be disclosed to the
					 Senate when necessary for constitutional confirmation and to any other person
					 or organization if disclosure is required in connection with the performance of
					 official duties.
Signed: George E. PatakiDated: April 25, 1995
[FN*] [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.]