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 5.91 - Executive Order No. 91: Appointing a Special Commission to Investigate the Management and Administrative Practices of the New York City School System and the New York City School Construction Authority and the Laws, Regulations and Procedures Relating Thereto. [*][DAGGER]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the New York State Constitution (Art. XI, sec. 1)
					 requires the State of New York to maintain and support a system of free common
					 schools, wherein all the children of this State may be educated;
WHEREAS, the laws of this State provide that all public
					 school districts are under the superintendence and regulation of the State
					 Education Department (Education Law, sec. 101
et seq.
);
WHEREAS, the State Education Department is charged by law
					 with administering State aid programs for school districts, including the
					 auditing and examination of aid claims submitted by districts, and with
					 promulgating rules, regulations and policies to safeguard the integrity of such
					 State aid programs;
WHEREAS, the State provides approximately twelve billion
					 dollars each year in financial support to the school districts of New York,
					 including aid for instructional programs, as well as moneys for building,
					 transportation, technology and other infrastructure needs to support the
					 delivery of educational services;
WHEREAS, the laws of this State require school districts to
					 furnish accurate, timely and complete data to the State Education Department
					 and other State entities, including the Division of the Budget and the
					 Department of Audit and Control, in order to develop the State budget and to
					 determine the proper apportionment of State aid moneys among public school
					 districts;
WHEREAS, the State role in supervising, regulating and
					 funding public school districts extends to the City School District of the City
					 of New York, for which the State provides over four billion dollars each year
					 in financial support;
WHEREAS, the State role in supervising, regulating and
					 funding public schools extends to the New York City School Construction
					 Authority, a state public authority created by the State Legislature in 1988 to
					 manage the process by which schools within the New York City School District
					 are renovated and constructed, with the State providing reimbursement for
					 sixty-five percent of approved school construction costs;
WHEREAS, in 1997, the State Legislature established the
					 Transitional Finance Authority to assist in the financing of school
					 construction projects in the New York City School District, and this authority
					 has financed more than one billion dollars in such projects;
WHEREAS, there have been reported instances of systemic
					 deficiencies in the management and administrative practices of the New York
					 City School District and the New York City School Construction Authority,
					 including:
(a) lax monitoring and
				  inaccurate reporting of data, including attendance and enrollment data, used to
				  develop the State budget and determine State aid apportionments to the New York
				  City School District, leading to inaccurate calculations of State aid and
				  inappropriate allocations of funds to the schools within such
				  district;
(b) inadequate
				  administration of capital programs that leaves the New York City School
				  District and the New York City School Construction Authority unable to complete
				  the construction of schools in a safe, timely and cost-effective manner;
WHEREAS, sixty percent of the public school buildings in
					 the City of New York were constructed more than fifty years ago, and many
					 require substantial modernization and capital repairs, and the need for new
					 classroom space in the City remains significant;
WHEREAS, it is anticipated that the State will continue to
					 allocate billions of dollars annually in financial support to the New York City
					 School District;
WHEREAS, the New York City School District has proposed
					 investing eleven billion dollars in state and local funds in school
					 construction projects over the next five years;
WHEREAS, it is the policy of this Administration to ensure
					 public confidence in the delivery of educational services within this State,
					 including the New York City School District, and the methods through which
					 State government supervises, regulates and finances these services;
WHEREAS, it is the policy of this Administration to ensure
					 that tax dollars are used in the most effective and efficient manner possible,
					 and that the unprecedented infusion of State and local resources for education
					 is invested wisely;
WHEREAS, the New York State Constitution (Art. IV, sec. 3)
					 directs the Governor to take care that the laws of this State are faithfully
					 executed;
WHEREAS, there is a demonstrated need to examine the
					 effectiveness of the laws, regulations and procedures governing the State
					 superintendence and funding of the New York City School District and the New
					 York City School Construction Authority and to determine whether District or
					 Authority practices impede the proper administration and enforcement of said
					 law, regulations and procedures by the State, the State Education Department
					 and other State entities;
WHEREAS, there is a demonstrated need to investigate the
					 State's ability to properly supervise, regulate and allocate operational and
					 capital funding to the New York City School District and the New York City
					 School Construction Authority, and to evaluate the adequacy of the laws,
					 regulations and procedures relating thereto;
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, including section six  of the Executive Law, do
					 hereby establish a Special Commission to Investigate the Management and
					 Administrative Practices of the New York City School System and the New York
					 City School Construction Authority and the Laws, Regulations and Procedures
					 Relating Thereto. The Special Commission shall investigate the management and
					 affairs of all departments, boards, bureaus or commissions of the State of New
					 York with respect to (a) the superintendence and regulation of, and the
					 apportionment of state funding to, the New York City School District and (b)
					 the management and operations of the New York City School Construction
					 Authority. The Special Commission is specifically directed to,
inter
					 alia:
(a) examine, collect
				  facts and report on the operations and management of the New York City School
				  District and the extent to which weaknesses in existing laws, regulations and
				  procedures impact on the accuracy, timeliness and completeness of data
				  collected, maintained and/or reported by or for the New York City School
				  District for purposes of apportioning State education aid:
(b) examine, collect facts and report on the
				  operations and management of the New York City School Construction Authority
				  and the extent to which weaknesses in existing laws, regulations and procedures
				  impact on the ability of the New York City School Construction Authority to
				  effectively utilize State funding and manage the delivery of appropriate
				  educational facilities in a prompt, safe and effective manner;
(c) investigate and determine the adequacy of
				  the State's regulatory structure relating to the New York City School District
				  and the New York City School Construction Authority;
(d) make recommendations for action to
				  strengthen and improve the laws, regulations and procedures in relation to the
				  District and Authority.
The Special Commission shall consist of Roslynn R.
					 Mauskopf, who shall serve as Chair, and such other members as I shall appoint.
					 The Special Commission shall adopt such internal rules and procedures as it
					 shall deem necessary and appropriate.
The Special Commission is hereby empowered to subpoena and
					 enforce the attendance of witnesses, administer oaths and examine witnesses
					 under oath, and require the production of any books, papers or records deemed
					 relevant or material, and I hereby give and grant to the Special Commissioners,
					 all and singular, all the powers and authorities which may be given or granted
					 to persons appointed by me for such purpose under authority of section six  of
					 the Executive Law. The Special Commission is authorized to perform any other
					 functions necessary to fulfill the duties and responsibilities of this
					 Order.
The Special Commission shall employ such counsels,
					 deputies, officers and staff and other persons as it may require and fix their
					 compensation within the limits of funds available therefor, and it shall also
					 have the power to contract with outside consultants for assistance. The Special
					 Commission and counsels, deputies, officers and staff shall be reimbursed for
					 all actual and necessary expenses incurred in the performance of their official
					 duties.
If in the course of its inquiry the Special Commission
					 obtains evidence of any past or present violation of law, such evidence shall
					 be communicated promptly to appropriate law enforcement authorities.
The Special Commission shall have the power to issue
					 interim reports at its discretion, and shall issue a report no later than
					 December 1, 1999 setting forth findings and recommendations.
Every department, division, board, bureau, agency, council,
					 authority or public benefit corporation shall provide every assistance,
					 facility and cooperation which may be necessary or desirable for the
					 accomplishment of the duties assigned to the Special Commission.
Signed: George E. Pataki
Dated: January 25, 1999
Executive Order No. 91.1
[DAGGER]
*
Appointing a Special Commission to Investigate the
					 management and Administrative Practices of the New York City School System and
					 the New York City School Construction Authority and the Laws, Regulations and
					 Procedures Relating Thereto.
WHEREAS, the Special Commission to Investigate the
					 Management and Administrative Practices of the New York City School System and
					 the New York City School Construction Authority and the Laws, Regulations and
					 Procedures Relating Thereto, established by Executive Order No. 91 dated
					 January 23, 1999, has requested additional time for further
					 investigation;
WHEREAS, the Special Commission has provided good cause to
					 continue its investigation; and
WHEREAS, it is in the best interest of the State that the
					 investigation conducted by the Special Commission be thorough and
					 complete.
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 continue Executive Order No. 91 dated
					 January 23, 1999, except that the penultimate subdivision of such Executive
					 Order is amended to read as follows:
The Special Commission shall have the power to issue
					 interim reports at its discretion, and shall issue a final report upon the
					 completion of its investigation.
Executive Order No. 91.2*
Appointing a Special Commission to Investigate the
					 Management and Administrative Practices of the New York City School System and
					 the New York City School Construction Authority and the Laws, Regulations and
					 Procedures Relating Thereto.
WHEREAS, the Special Commission to Investigate the
					 Management and Administrative Practices of the New York City School System and
					 the New York City School Construction Authority and the Laws, Regulations and
					 Procedures Relating Thereto, established by Executive Order No. 91 dated
					 January 23, 1999, as modified by Executive Order No. 91.1 dated December 15,
					 1999, has stated that various allegations of abuse or wrongdoing pertaining to
					 the New York City School System and the New York City School Construction
					 Authority involving matters in addition to those it was specifically directed
					 to examine by Executive Order No. 91 have come to its attention during the
					 course of its investigations pursuant to said Order; and
WHEREAS, it is in the best interest of the State that the
					 Special Commission pursue these additional allegations to the extent it deems
					 appropriate;
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 continue Executive Order No. 91 dated
					 January 23, 1999, as modified by Executive Order No. 91.1 dated December 15,
					 1999, except that Executive Order No. 91 is amended to replace the period with
					 a semicolon at the end of subparagraph (b) in the sentence on page 3 of said
					 Order beginning "The Special Commission shall investigate the management and
					 affairs of all departments, boards, bureaus or commissions of the State of New
					 York. . . " and add immediately thereafter the following subparagraph: and (c)
					 the Special Commission may also investigate and inquire into any allegations of
					 abuse or wrongdoing uncovered during the course of its investigations.
Footnotes
* [Continued and amended by
					 Executive Order No. 91.1, (George E. Pataki),
infra.
]
[DAGGER] [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.
]
[DAGGER] [Continues and amends
					 Executive Order No. 91, (George E. Pataki),
supra.
]
* [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.
.]