New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.11 - Executive order no. 11: establishing the new york state commission on local government efficiency and competitiveness

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, New York's local governments are established and
					 operate under New York's Constitution, statutes and regulations and receive
					 financial and governance support from the State; and
WHEREAS, local governments, including counties, towns,
					 cities, villages and special purpose districts, such as school and fire
					 districts, provide many of the public services which determine whether New
					 York's residents and businesses live and conduct commerce safely, healthily,
					 productively and happily; and
WHEREAS, New York's local governments, including more than
					 4200 taxing jurisdictions, have evolved over centuries, and in many cases
					 reflect circumstances, population concentrations and needs which have changed
					 significantly or no longer exist; and
WHEREAS, the sheer number of such taxing jurisdictions and
					 their overlapping and multi-layered nature cause public services to be
					 excessively expensive, and provided in a manner that is inefficient and reduces
					 the competitiveness of New York's localities and the job and business
					 opportunities for New Yorkers; and
WHEREAS, many New Yorkers are unaware of the boundaries and
					 very existence of many taxing jurisdictions and special districts, and this
					 results in an extraordinarily low level of participation in many local
					 government elections; and
WHEREAS, the opportunities for smart growth and
					 regionalization of the delivery of certain public services such as public
					 transportation, waste management, information technology and water supply are
					 often inhibited by New York's fragmented local government structure; and
WHEREAS, New York's local tax burden is the highest in the
					 United States and negatively impacts competitiveness and the quality of life;
					 and
WHEREAS, New York's laws, regulations and programs have
					 been only minimally effective in assisting local governments to partner in the
					 efficient delivery of public services, to merge, consolidate or regionalize
					 local government, to adopt smart growth practices, and otherwise improve the
					 living environment for New Yorkers; and
WHEREAS, a comprehensive analysis is needed:
1. to identify the barriers which inhibit
				  more efficient local government, the merger, consolidation or regionalization
				  of local government, partnering among local governments to more efficiently
				  provide public services, adoption of smart growth practices, and the
				  procurement and construction of regional transportation and other
				  infrastructure which improves the efficiency, competitiveness and quality of
				  life of New York's localities; and
2. to guide the formulation and development
				  of tools to assist local governments to pursue and achieve these objectives;
NOW THEREFORE, I, Eliot Spitzer, 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 order as follows:
1. There is hereby established the New York
				  State Commission on Local Government Efficiency and Competitiveness
				  ("Commission").
2. The Commission
				  shall consist of fifteen members appointed by the Governor, including one
				  member appointed upon the recommendation of the Comptroller, one upon the
				  recommendation of the Speaker of the Assembly, one upon the recommendation of
				  the Majority Leader of the Senate, one upon the recommendation of the Minority
				  Leader of the Assembly, one upon the recommendation of the Minority Leader of
				  the Senate, at least one individual representing a member of the New York State
				  Association of Counties, at least one individual representing a member of the
				  New York State Association of Towns, and at least one individual representing a
				  member of the New York Conference of Mayors and Municipal Officials.
3. The Governor shall select a chair of the
				  Commission from among the members. A majority of the members of the Commission
				  shall constitute a quorum, and all recommendations of the Commission shall
				  require approval of a majority of the total members of the
				  Commission.
4. The Governor shall
				  appoint an Executive Director of the Commission, who shall be an employee of
				  one of the executive branch agencies herein directed by the Governor to render
				  assistance to the Commission.
5.
				  The Commission shall conduct a review and analysis of New York's local
				  government structure and operations, and to the maximum extent possible shall
				  consider, and where appropriate incorporate, the expertise and learning of
				  prior commissions, studies and academic institutions engaged in local
				  government studies, and state agencies with responsibility for assisting local
				  government, including but not limited to the Department of State, the Office of
				  Real Property Services, the Urban Development Corporation, the Department of
				  Economic Development, the Division of the Budget, the Governor's Office of
				  Regulatory Reform, the Office of State Comptroller and the State Education
				  Department.
6. The Commission shall
				  make recommendations on ways to consolidate and eliminate taxing jurisdictions,
				  special districts, and other local government entities where doing so would
				  improve the effectiveness and efficiency of local government.
7. The Commission's review shall include an
				  analysis of:
(a) the number and types of
				  local government jurisdictions in New York State, the basis for their creation,
				  and the opportunities and barriers to their restructuring, merger,
				  consolidation or partnership to deliver public services;
(b) the nature and extent of services
				  delivered by various types of local governments;
(c) the services which lend themselves most
				  logically, efficiently and easily to merger, consolidation or partnership
				  initiatives;
(d) opportunities and
				  barriers to the regionalization of local government functions and services and
				  the extent to which "smart growth" practices can improve the performance of
				  local government and the delivery of public services and enhance New York's
				  competitiveness;
(e) the procedures
				  for and effectiveness of local government elections, including the percentage
				  of eligible and registered voters who participate in such elections, and the
				  utilization of common election dates and procedures by local governments which
				  serve a substantially common electorate;
(f) the degree to which local government
				  electorates are presented periodically with the option of dissolving the local
				  government or reaffirming the local government's continuation; and
(g) the effectiveness of existing state laws
				  and programs designed to assist local government efficiency, consolidation,
				  merger, partnership in government operations and service delivery, smart
				  growth, and the procurement and construction of regional transportation and
				  other instrumentalities and infrastructure.
8. In undertaking this review and analysis
				  the Commission may request documents, conduct public hearings, take the
				  testimony of witnesses in the form and manner which it deems most efficient,
				  and take all other actions necessary to carry out its functions.
9. The Commission shall make recommendations
				  which it deems necessary or advisable for:
(a) strengthening and streamlining the
				  structure and operations of local governments;
(b) reducing the costs of and improving the
				  effectiveness of local government operations and services;
(c) facilitating the merger, consolidation
				  and partnering in the delivery of services by and between local
				  governments;
(d) promoting and
				  facilitating regional government and the regionalized delivery of public
				  services; and
(e) reforming
				  election laws and procedures to increase and maximize the awareness of local
				  governments among the electorate and maximize participation in local government
				  elections and proceedings.
10. The Commission shall issue a report of
				  its findings and recommendations on or before April 15, 2008. The report shall
				  be submitted to the Governor, the Comptroller, the Majority Leader of the
				  Senate, the Speaker of the Assembly, the Minority Leader of the Senate, and the
				  Minority Leader of the Assembly.
11. No member of the Commission shall be
				  disqualified from holding any public office or employment, nor shall he or she
				  forfeit any such office or employment by virtue of his or her appointment
				  hereunder. Members of the Commission shall receive no compensation for their
				  services but shall be allowed their actual and necessary expenses incurred in
				  the performance of their functions hereunder. All members of the Commission
				  shall serve at the pleasure of the Governor and vacancies shall be filled in
				  the same manner as original appointments.
12. Every agency department, office, division
				  or public authority of this state shall cooperate with the Commission and
				  furnish such information and assistance as the Commission determines is
				  reasonably necessary to accomplish its purpose.
Signed: Eliot SpitzerDated: April 23, 2007
[FN*] [Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]