New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.89 - Executive Order No. 89: Directing that the Chief of Staff order into active service the organized militia to assist authorities in guaranteeing public order and public property at various correctional and mental hygiene facilities

Current through Register Vol. 46, No. 28, July 10, 2024
I, Hugh L. Carey, by virtue of authority vested in me as
					 Governor, under the Military Law of the State, do hereby direct by Executive
					 Order that the Chief of Staff to the Governor order into the active service of
					 the State, for such period, to such extent, and in such manner as he may deem
					 necessary, all or any part of the organized militia to assist authorities in
					 guaranteeing the public order and in the protection of public property in
					 correctional and mental hygiene facilities where assistance may be
					 required.
(1) Major General Vito J.
				  Castellano, Chief of Staff to the Governor, is hereby appointed commander of
				  all personnel ordered into active service of the State in this
				  emergency.
(2) Units and members of
				  the organized militia to be designated by order of the Chief of Staff to the
				  Governor will immediately assemble at their local armories, when and where
				  ordered by the Chief of Staff to the Governor, and will remain assembled
				  pending further orders as to their disposition by the Chief of Staff to the
				  Governor.
(3) All enlistments,
				  reenlistments, or voluntary extension of enlistments which expire after 17
				  April 1979 and during the period for which the members are currently ordered
				  into the active service of the State are hereby extended for the duration of
				  such duty in the active service of the State.
Signed: Hugh L. Carey
Dated: April 18, 1979
PROCLAMATION
WHEREAS, the Governor is Commander-in-Chief of the Militia
					 of the State pursuant to the Constitution of the State as restated in section three  of the Military Law; and
WHEREAS, pursuant to the provisions of section six  of the
					 Military Law, the Governor as Commander-in-Chief of the Militia has the power
					 to order into the active service of the State in case of riot, breach of the
					 peace or imminent danger thereof, such units of the organized militia which may
					 be necessary to assist civil authority in controlling a particular situation;
					 and
WHEREAS, I find that a statewide emergency exists, due to a
					 prospective work stoppage by correction officers, creating an imminent danger
					 of riot or breach of the peace from loss of essential government services in
					 various State correctional and mental hygiene facilities; and
WHEREAS, these various State facilities require assistance
					 from the organized militia and the public interest requires that such
					 assistance be provided to insure the continuation of essential services at said
					 State facilities and the preservation of public order and property:
NOW THEREFORE, I, Hugh L. Carey, Governor of the State of
					 New York, pursuant to authority vested in me by paragraph one of section six  of
					 the Military Law, have this day by Executive Order, ordered Major General Vito
					 J. Castellano, the Chief of Staff to the Governor, to order into the active
					 service of the State, for such period, to such extent and in such manner as he
					 may deem necessary, all or any part of the organized militia to meet this
					 emergency.
Signed: Hugh L. Carey
Dated: April 18, 1979