New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.45 - Executive Order No. 45: [Establishing Office of State Contract Compliance.]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is the established policy of the State of New
					 York to provide equal opportunity in employment and training for all persons
					 without discrimination on account of race, creed, color, national origin, sex,
					 age, disability or marital status, and to promote the full realization of such
					 equal opportunity through affirmative, continuing programs by contractors and
					 their subcontractors in the performance of contracts with or for the State of
					 New York, and
WHEREAS, discrimination in employment by public contractors
					 tends to decrease the pool of available labor and leads to labor strife,
					 thereby adversely affecting the cost and progress of public contracts,
					 and
WHEREAS, in order to insure that the State of New York
					 continue its leadership role in maximizing equal opportunity in employment for
					 all its citizens, and
WHEREAS, it is necessary and desirable that the State of
					 New York provide an affirmative action program to implement and enforce such
					 policies through contractual provisions of State contracts,
NOW, THEREFORE, I, Hugh L. Carey, 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:
Article I
-Administration
1.1 There is hereby established in the
				  Executive Department, Division of Human Rights, an Office of State Contract
				  Compliance (OSCC) which, under the overall direction of the Commissioner of
				  Human Rights, shall administer these provisions and coordinate implementation
				  and enforcement of this Executive Order.
1.2 The Commissioner of Human Rights shall
				  adopt such rules, regulations, guidelines, procedures, directives and
				  affirmative action programs, and shall issue such orders, as he or she deems
				  necessary and appropriate to effectuate the purposes hereof.
1.3 The OSCC shall have primary
				  responsibility for enforcing the provisions of this Order.
(a) The OSCC may delegate to State agencies
				  any portion of its enforcement duties or functions whenever such delegation is
				  deemed appropriate for proper administration of this Executive Order.
(b) The OSCC may promulgate contract
				  provisions consistent with the purposes and intent of this Order, for inclusion
				  in every contract and agreement subject hereto.
(c) The OSCC will prepare standardized forms
				  to be utilized by contractors and by State agencies for notices and compliance
				  reports relating to the operation and implementation of the Order.
(d) The OSCC shall examine the employment
				  practices of any State contractor or subcontractor, or direct such examination
				  by the appropriate State agency, to assure the effectuation of the policies and
				  purposes of this Executive Order. Where such examination is initiated by a
				  State agency, it shall be conducted in accordance with procedures established
				  by the OSCC and the agency shall report to the OSCC any action taken or
				  recommended.
(e) The OSCC shall use
				  its best efforts, directly and through contracting agencies, other governmental
				  agencies, contractors, and all other available instrumentalities, to cause any
				  labor union whose members are engaged in work under State contracts, or any
				  agency or body referring such workers or providing apprenticeship or training
				  for or in the course of such work, to cooperate in the implementation of this
				  Executive Order.
(f) The OSCC
				  shall, in appropriate cases, notify the concerned State agencies, the Equal
				  Employment Opportunity Commission, the United States Secretary of Labor, the
				  State Attorney General, the United States Department of Justice, or other
				  appropriate Federal, State or local agency whenever it has reason to believe
				  the practices of any such labor organization or agency or body violate the
				  State Human Rights Law, Title VI or Title VII of the Civil Rights Act of 1964,
				  or other provisions of related Federal, State or local laws.
(g) The OSCC may hold such public hearings
				  for informational or educational purposes as the Commissioner of Human Rights
				  may direct, related to the purposes of this Executive Order.
(h) The OSCC shall hold or cause to be held
				  hearings, in accordance with rules, regulations or orders to be adopted by the
				  Commissioner of Human Rights, prior to the Commissioner imposing, ordering, or
				  directing the imposition of the sanctions authorized under Section
				  7.1 of this Executive
				  Order.
(i) The OSCC shall
				  periodically review the practices and procedures of State agencies with respect
				  to compliance by them with the provisions of this Executive Order, and shall
				  require them to file performance reports.
(j) The OSCC may direct withdrawal of
				  approval or funding granted by any State agency to any affirmative action or
				  training program which interferes with or impedes the implementation of this
				  Order, or which fails to comply with this Order or with the rules and
				  regulations hereunder.