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 6.2 - Executive order no. 2: executive order no. 2: eliminating politics from government decisionmaking

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is essential that the duties and
					 responsibilities of State government be performed in a non-partisan manner;
					 and
WHEREAS, all State employees and officers should feel free
					 to pursue the interests of the public in an environment that is free from
					 political party influence or interference; and
WHEREAS, all State taxpayers and residents and all those
					 who depend on State government services have the right to expect that
					 government programs will be administered and managed with the highest degree of
					 professionalism and without regard to partisan politics; and
WHEREAS, all State employees and officers should be
					 selected based upon their qualifications, integrity, honesty, competency and
					 dedication to fulfilling the public policies of the State, and should not be
					 excluded from State service based solely upon their political affiliations;
					 and
WHEREAS, it is the obligation of every State employee and
					 officer to pursue a course of conduct that will not engender public concern as
					 to whether the individual is engaged in acts that may violate his or her public
					 trust; and
WHEREAS, although certain State laws and rules place limits
					 on political campaign activities of State employees, there are ways in which
					 these laws can be improved and strengthened; and
WHEREAS, until that occurs through legislative action, it
					 is appropriate to take steps to limit, to the greatest extent possible, the
					 influence of politics on government decisionmaking;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York, do hereby order as follows:
1. Definitions
"Agency" shall mean any state agency, department, office,
					 board, commission or other instrumentality of the State, other than a public
					 authority.
"Public authority" shall mean a public authority or public
					 benefit corporation created by or existing under any State law, at least one of
					 whose members is appointed by the Governor (including any subsidiaries of such
					 public authority or public benefit corporation), other than an interstate or
					 international authority or public benefit corporation.
2. Application
This order shall apply to all State agency officers and
					 employees who serve at the pleasure of the Governor or their appointing
					 authority, and to all members of all public authorities who are appointed by
					 the Governor. Each public authority shall adopt policies or rules applying the
					 restrictions set forth below to all officers and employees who serve at the
					 pleasure of their appointing authority.
3. Prohibition Against Campaign Contributions
				  to the Governor and Lieutenant Governor
No individual covered by this executive order may make or
					 offer to make any monetary contribution to the campaign of the Governor or the
					 Lieutenant Governor, or to any political campaign committee organized by or for
					 the specific benefit of the Governor or the Lieutenant Governor. In addition,
					 no individual covered by this executive order may request or demand that any
					 other person make or offer to make any monetary contribution to the campaign of
					 the Governor or the Lieutenant Governor, or to any political campaign committee
					 organized by or for the specific benefit of the Governor or the Lieutenant
					 Governor.
4. Prohibition
				  Against Consideration of Politics in Employment and Contracting
No individual covered by this executive order who is
					 involved in recruiting, interviewing or hiring applicants for State employment,
					 or making appointments to State boards or commissions, or making promotional,
					 disciplinary or other employment decisions relating to State employees, may ask
					 any such applicant or employee to reveal:
(a) the party affiliation of the applicant;
(b) whether the applicant has made
				  campaign contributions to any party, elected official, or candidate for
				  elective office; or
(c) whether
				  the candidate voted for any elected official or candidate for elective office.
				  The provisions of this paragraph shall not apply to circumstances where such
				  inquiry is necessary for the proper application of State law or approved State
				  agency or public authority rules, policies or practices (e.g., inquiring about
				  party affiliation where State law limits the number of members of a State board
				  who can be from the same party).
No individual covered by this executive order who is
					 involved in the awarding of State grants or contracts, or making decisions
					 relating to State grants or contracts, may ask any officer or director of such
					 current or prospective contractor or grantee to reveal:
(a) the party affiliation of the individual;
(b) whether the individual or
				  entity has made campaign contributions to any party, elected official, or
				  candidate for elective office; or
(c) whether the individual or entity voted
				  for any elected official or candidate for elective office.