New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.106 - Executive order no. 106: designation pursuant to section 6 and subdivision 8 of section 63 of the executive law

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, individuals who are elected, appointed and hired
					 to serve as public officials hold their positions in trust for the People of
					 the State; and
WHEREAS, abuse of office by public officials and misconduct
					 while in office, criminal or otherwise, undermines the trust of the People and
					 diminishes the ability of government to function; and
WHEREAS, the laws, regulations, and procedures involving
					 our electoral process, including the nomination of candidates, and the
					 financing of campaigns and elections, must further the public trust and promote
					 democracy and the accountability of elected officials to the voters and the
					 selection of ethical public servants; and
WHEREAS, it is critical that the laws, regulations and
					 procedures regulating conduct by public officials, the electoral process and
					 financing of campaigns are strong, effective and comprehensive, and are fairly
					 and vigorously enforced to promote public confidence in State government;
					 and
WHEREAS, the New York State Board of Elections is vested
					 with the authority to oversee the electoral process and to enforce election
					 laws, including those related to campaign finance and the disclosure of
					 contributions and expenditures; the New York State Division of the Budget is
					 charged with carrying out the Executive's constitutional obligations with
					 respect to the State's multi-billion dollar budget; and every State department,
					 board, bureau, or commission is obligated to administer State contracts,
					 grants, programs and funding streams in the best interest of the People of New
					 York State, free from improper influence; and
WHEREAS, the Executive has the obligation under N.Y. Const.
					 Art. IV, § 3 to report to the Legislature periodically on the "condition
					 of the state, and recommend such matters to it as he or she shall judge
					 expedient," and to "take care that the laws are faithfully executed";
					 and
WHEREAS, it is my judgment that it is of compelling public
					 importance that weaknesses in such existing laws, regulations and procedures be
					 further investigated and addressed so as to guard against further abuses,
					 ensure accountability, reduce the influence of money in politics, and restore
					 public trust in New York State government;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the laws of the State,
					 and by the Constitution, including the authority pursuant to N.Y. Const. Art.
					 IV, § 3 to report to the Legislature periodically on the "condition of the
					 state, and recommend such matters to it as he or she shall judge expedient,"
					 and to "take care that the laws are faithfully executed," and pursuant to
					 Section Six and Subdivision Eight of Section Sixty Three  of the Executive Law,
					 do hereby:
I. Appoint a Commission to
				  be known as the Commission to Investigate Public Corruption with twenty-five
				  members, who shall be Kathleen Rice, William J. Fitzpatrick, Milton L.
				  Williams, Jr., J. Patrick Barrett, Richard Briffault, Daniel J. Castleman,
				  Derek P. Champagne, Eric Corngold, Kathleen B. Hogan, Nancy Hoppock, Seymour W.
				  James Jr., David Javdan, Robert Johnson, David R. Jones, Lance Liebman, Joanne
				  M. Mahoney, Gerald F. Mollen, Makau W. Mutua, Benito Romano, Frank A. Sedita,
				  III, P. David Soares, Kristy Sprague, Betty Weinberg Ellerin, Peter L. Zimroth
				  and Thomas P. Zugibe as Special Commissioners to investigate the management and
				  affairs of any department, board, bureau or commission of the State, or any
				  political subdivision of the State, and weaknesses in existing laws,
				  regulations, and procedures, regarding the matters set forth below. Robert M.
				  Morgenthau shall be Special Counsel to the Commission. Joseph A. D'Amico,
				  Raymond W. Kelly and Barbara Bartoletti shall be Special Advisers to the
				  Commission.
II. The Commission
				  shall:
a. Investigate the management and
				  affairs of the State Board of Elections, including but not limited to (i)
				  determining whether the Board is fulfilling its obligation under the Election
				  Law to administer the election process and oversee election campaign practices
				  and campaign financing practices, (ii) examining the Board's interactions with
				  outside individuals and entities, including candidates, donors, and committees,
				  to determine compliance with applicable State laws, (iii) examining the
				  statutory structure, composition, authority, and staffing of the Board,
				  including but not limited to organizational structures and the roles of the
				  Board of Elections, the Attorney General, the United States Attorneys and
				  District Attorneys, and (iv) examining compliance with and the effectiveness of
				  campaign finance laws; and make recommendations to reform any weaknesses
				  uncovered in existing State laws, regulations and procedures;
b. Investigate weaknesses in existing laws,
				  regulations and procedures relating to the regulation of lobbying, including
				  but not limited to examining compliance by organizations and other persons
				  engaged in lobbying and other attempts to influence public policies or
				  elections, including tax-exempt organizations under Section
				  501(c) of the Internal
				  Revenue Code, with the requirements of existing State laws administered by the
				  Joint Commission on Public Ethics, and the sufficiency of such requirements;
				  and make recommendations to reform any weaknesses uncovered in existing State
				  laws, regulations and procedures; and
c. Investigate weaknesses in existing laws,
				  regulations and procedures relating to addressing public corruption, conflicts
				  of interest, and ethics in State Government, including but not limited to
				  criminal laws protecting against abuses of the public trust; and make
				  recommendations to reform any weaknesses uncovered in existing State laws,
				  regulations and procedures.