New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.31 - Executive order no. 31: setting forth the responsibilities, duties and powers of the stimulus oversight panel

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the United States Congress has enacted and
					 President Barack Obama has signed the American Recovery and Reinvestment Act of
					 2009 ("ARRA"), for the purposes of (1) preserving and creating jobs and
					 promoting economic recovery; (2) assisting those most impacted by the
					 recession; (3) providing investments needed to increase economic efficiency by
					 spurring technological advances in science and health; (4) investing in
					 transportation, environmental protection, and other infrastructure that will
					 provide long-term economic benefits; and (5) stabilizing state and local
					 government budgets, in order to minimize and avoid reductions in essential
					 services and counterproductive state and local tax increases; and
WHEREAS, the Obama Administration has called for an
					 equitable and fair recovery which encourages recipients of ARRA funds "to
					 implement best practices for ensuring that all individuals - regardless of
					 race, gender, age and national origin - benefit from the Recovery Act";
					 and
WHEREAS, New York State has been provided over twenty-six
					 billion dollars in ARRA funds and a significant portion of ARRA funds are
					 distributed under the auspices of agencies, departments, offices, boards,
					 bureaus or commissions of the State including, but not limited to, the
					 Department of Health, the State Education Department, the Department of Labor,
					 the Department of Environmental Conservation, the Division of Housing and
					 Community Renewal, the Department of Criminal Justice Services, the Office of
					 General Services, the Office of Temporary and Disability Assistance, the Office
					 for Technology, and the Metropolitan Transportation Authority; and
WHEREAS, it is of paramount importance to ensure that ARRA
					 funds are expended with transparency, strict oversight and accountability, and
					 are distributed in an equitable, fair and non-discriminatory manner
					 acknowledging the importance of: promoting equality and eliminating inequities
					 along lines of race, gender and other protected classes as well as
					 socioeconomic status; positively impacting distressed and marginalized
					 communities; and stimulating the New York State economy; and
WHEREAS, the prevention and detection of waste, fraud,
					 abuse and mismanagement of ARRA funds, the promotion of transparency and
					 openness, and the collection and public availability of employment data
					 regarding women, veterans, communities of color, people with disabilities,
					 older adults and economically disadvantaged communities advance the purposes of
					 the ARRA, enhance public confidence and promote economic recovery; and
WHEREAS, on July 9, 2009, I announced the formation of a
					 Stimulus Oversight Panel ("the Panel"), headed by the State Inspector General
					 and including the Medicaid Inspector General, the Inspector General of the
					 Metropolitan Transportation Authority and the State Division of Human Rights
					 Commissioner to provide coordinated oversight of ARRA funds; and
WHEREAS, the members of the Panel possess expertise and
					 specialized and sophisticated institutional resources regarding the prevention
					 and deterrence of waste, fraud, abuse and mismanagement and the enforcement of
					 civil rights; and
WHEREAS, since that announcement the Panel has been
					 functioning as an important oversight body ensuring the appropriate use of ARRA
					 funds, and the Panel's experience to date has indicated that it could benefit
					 from a formal codification of its roles, responsibilities and powers;
					 and
WHEREAS, coordination amongst the Panel members will draw
					 on the strengths of the four existing offices, leveraging their expertise and
					 combining their commitment toward achieving the highest standards of honesty,
					 equality, transparency, accountability, and efficiency in State
					 government;
NOW, THEREFORE, I, DAVID A. PATERSON, 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 New York State
					 Executive Law, do hereby order as follows:
1. There is hereby established a Stimulus
				  Oversight Panel ("Panel") to prevent and detect waste, fraud, abuse,
				  discrimination and mismanagement related to the use of ARRA funds.
2. The Panel shall be comprised of the
				  following members or their designees: the State Inspector General, who shall
				  serve as Chair of the Panel, the State Medicaid Inspector General; the
				  Inspector General of the Metropolitan Transportation Authority; and the State
				  Division of Human Rights Commissioner.
3. The Panel will report directly to the
				  Governor and the New York State Economic Recovery and Reinvestment
				  Cabinet.
4. The Panel, and its
				  designees, shall have the following functions, duties, and powers:
(a) to examine and investigate the management
				  and use of ARRA funds by any agency, department, office, board, bureau or
				  commission of the State, including the management and use of funds received
				  from such agency, department, office, board, bureau or commission by any
				  entity, including any private party, foundation or local government;
(b) to subpoena and enforce the attendance of
				  witnesses, to administer oaths and examine witnesses under oath, and to require
				  the production of any books, papers or other records, in any format, deemed
				  relevant or material to the examinations and investigations permitted under
				  paragraph (a) above;
(c) to have
				  full and unrestricted access to all records, reports, audits, reviews,
				  documents, papers, workforce and minority and women's business
				  enterprise/disadvantaged business enterprise data, recommendations or other
				  material prepared, maintained or held by any agency, department, office, board,
				  bureau or commission of the State, where relevant or material to the
				  examinations and investigations permitted under paragraph (a) above;
(d) to conduct inspections and examinations,
				  announced or unannounced, of any agency, department, office, board, bureau or
				  commission of the State relevant to the examinations and investigations
				  permitted under paragraph (a) above;
(e) to examine or copy or remove documents or
				  records of any kind prepared or held by any agency, department, office, board,
				  bureau or commission of the State relevant to the examinations and
				  investigations permitted under paragraph (a) above;
(f) to implement a mechanism for citizens to
				  report waste, fraud, abuse, and mismanagement of ARRA funds to the Panel
				  through the existing mechanisms for reporting abuses in state government to the
				  Office of the Inspector General; and
(g) to request information, assistance and
				  cooperation from any unit or subdivision of federal, state or local government
				  as may be necessary to fulfill these duties.