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 5.147 - Executive order no. 147: conferring additional investigatory powers upon the special counsel in the matter of alan g. hevesi

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the people of the State of New York are entitled
					 to a government committed to the highest standards of integrity, honesty,
					 efficiency and accountability;
WHEREAS, misconduct involving corruption, fraud, criminal
					 activity, conflicts of interest or abuse by State officers and employees
					 undermines public confidence in government and prevents the honest, effective
					 and efficient operation of government;
WHEREAS, section 74  of New York's Public Officers Law sets
					 forth generally the code of ethics for all New York State officers and
					 employees, including, but not limited to, those elected to statewide
					 office;
WHEREAS, subsection (3)(d) of section 74 of New York's
					 Public Officers Law prohibits any New York State officer or employee from,
					 inter alia, using or attempting to use his official position to secure
					 unwarranted privileges or exemptions for himself or others;
WHEREAS, subsection (3)(h) of section 74 of New York's
					 Public Officers Law provides that an officer or employee of a New York State
					 agency shall endeavor to pursue a course of conduct that will not raise
					 suspicion among the public that he is likely to be engaged in acts that are in
					 violation of the public trust;
WHEREAS, the New York State Ethics Commission (the
					 "Commission") is authorized by subdivisions 12 and 16 of section 94 of New
					 York's Executive Law to commence inquiries into possible violations of, inter
					 alia, section 74 of New York's Public Officers Law and determine whether there
					 is reasonable cause to believe that a violation of section 74 has
					 occurred;
WHEREAS, the Commission previously conducted an
					 investigation of Alan G. Hevesi, the Comptroller of the State of New York (the
					 "Comptroller"), pursuant to section 94(12)(a) of New York's Executive Law, to
					 determine whether the Comptroller used a New York State employee under his
					 supervision to provide transportation and other aid to his wife, at substantial
					 cost to the State of New York, in violation of section 74  of the Public
					 Officers Law;
WHEREAS, the Commission, in a "Notice of Reasonable Cause"
					 dated October 23, 2006, concluded that there was reasonable cause to believe
					 that the Comptroller had knowingly and intentionally violated sections 74 (3)(d) and (h)  of the Public Officers Law by "us[ing] his position as New York State
					 Comptroller to secure unwarranted privileges for himself and his wife, and in
					 doing so, pursued a course of conduct that raises suspicion among the public
					 that he likely engaged in acts that violated the public trust";
WHEREAS, on October 27, 2006, in response to the
					 Commission's issuance of the Notice of Reasonable Cause, I appointed David N.
					 Kelley to serve as special counsel in the Matter of Alan G. Hevesi ("Special
					 Counsel");
WHEREAS, by letter dated November 1, 2006, I requested that
					 the Special Counsel, inter alia, independently review the Commission's Notice
					 of Reasonable Cause and the underlying record from which it was drawn and
					 advise me on the strength of the legal case for the removal of the Comptroller
					 from office pursuant to section 32  of the Public Officers Law;
WHEREAS, on November 3, 2006, the Special Counsel provided
					 an initial letter report (the "Special Counsel Report") stating that, inter
					 alia, there exists a valid legal basis for the removal of the Comptroller from
					 public office pursuant to section 32  of the Public Officers Law and that there
					 also exist aggravating factors that make the Comptroller's conduct sufficiently
					 egregious as to warrant removal; and
WHEREAS, the Special Counsel Report further states that, in
					 order to provide an independent assessment of the ultimate strength of the
					 legal case for the removal of the Comptroller, it would be necessary and
					 appropriate for the Special Counsel to take additional proofs from, inter alia,
					 those witnesses previously questioned by the Commission in its investigation of
					 the Comptroller and any other individuals who reasonably could provide
					 additional information relating to the Comptroller's conduct and strength of
					 the legal case for the removal of the Comptroller from office.
NOW, THEREFORE, I, GEORGE E. PATAKI, by virtue of the
					 authority vested in me by the Constitution and Laws of the State of New York,
					 do hereby order and direct as follows:
1. The Special Counsel shall take any
				  additional proofs that he deems necessary or appropriate to assess fully the
				  strength of the legal case for the removal of Comptroller Hevesi from office
				  pursuant to section 32  of the Public Officers Law and shall report to me with
				  his recommendations upon the completion of his investigation.
2. In the event that I recommend to the New
				  York State Senate that it commence a proceeding to remove the Comptroller from
				  office, I hereby appoint the Special Counsel, pursuant to section 32  of the
				  Public Officers Law, to conduct the trial of any such charges lodged against
				  the Comptroller before the New York State Senate.
3. Pursuant to section 6  of New York's
				  Executive Law, section 32 of New York's Public Officers Law and other
				  applicable laws, and for the purpose of carrying out the responsibilities set
				  forth in subdivisions one and two of this Order, the Special Counsel shall have
				  the power to:
(a) subpoena and enforce the
				  attendance of witnesses;
(b)
				  administer oaths or affirmations and examine witnesses under oath; and
(c) require the production or any
				  books or records deemed relevant or material to any investigation, examination
				  or review. In addition, I hereby give and grant to the Special Counsel all the
				  powers and authorities which may be given or granted to persons appointed by me
				  for such purpose under authority of section 6  of the Executive Law and section 32  of the Public Officers Law. The Special Counsel is authorized to perform any
				  other lawful functions necessary to fulfill the duties and responsibilities of
				  this Order.