New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.9 - Executive order no. 9: designation pursuant to section 6 of the executive law

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, in the course of and following an audit of the
					 practices and procedures of the Nassau County Police Department Forensic
					 Evidence Bureau ("Forensic Evidence Bureau"), errors in analysis of evidence
					 were uncovered and issues were raised as to whether personnel in such facility
					 had prior knowledge of and reported such errors; and
WHEREAS, such errors as alleged, if committed, could
					 seriously imperil the rights of the innocent, compromise public safety, and
					 undermine public confidence in the criminal justice system; and
WHEREAS, the New York State Division of Criminal Justice
					 Services Office of Forensic Services ("the Office") and the Commission on
					 Forensic Science ("the Commission") have oversight of public forensic
					 laboratories including the Forensic Evidence Bureau; and
WHEREAS, pursuant to
					 42
					 U.S.C. section 3797 k(4) (the Paul Coverdell
					 Forensic Science Improvement Grant Program) and agreements entered into
					 pursuant thereto, the New York State Inspector General ("the Inspector
					 General") is empowered to investigate allegations of serious negligence and
					 misconduct substantially affecting the integrity of the forensic results in the
					 Forensic Evidence Bureau, which receives funds pursuant to such program, and
					 the Inspector General has been so investigating such allegations; and
WHEREAS, the Forensic Evidence Bureau receives funding from
					 New York State, among other sources, for its operations; and
WHEREAS, pursuant to Article 4-A of the Executive Law, the
					 Inspector General has jurisdiction to investigate and review the operation of
					 the Commission and the Office and their oversight of public forensic
					 laboratories such as the Forensic Evidence Bureau; and
WHEREAS, the exercise of my powers under the law will allow
					 for a more comprehensive and independent investigation of the oversight and
					 operation of the Forensic Evidence Bureau;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws, do hereby order as follows:
1.
				  Pursuant to section six  of the Executive Law, I hereby appoint Ellen Biben, the
				  New York State Inspector General, to study, examine, investigate, review and
				  make recommendations with respect to the forensic testing practices and
				  procedures of the Nassau County Police Department Forensic Evidence Bureau
				  including, but not limited to, compliance with relevant laws, standards, and
				  protocols.
2. The New York State
				  Inspector General is hereby empowered to subpoena and enforce the attendance of
				  witnesses; to administer oaths or affirmations and examine witnesses under
				  oath; to require the production of any books, records or papers deemed relevant
				  or material to any investigation, examination or review; and to perform any
				  other functions that are necessary or appropriate to fulfill the duties and
				  responsibilities of office, and I hereby give and grant to her all powers and
				  authorities which may be given or granted to persons appointed by me for such
				  purpose under authority of section six  of the Executive Law. She may exercise
				  any such powers in cooperation with any other body or government agency. This
				  order shall not in any way limit her powers or responsibilities to inquire into
				  these or any other matters as New York State Inspector General.
3. Every State department, agency, office,
				  division, board, bureau, council, authority and public benefit corporation
				  shall cooperate with the New York State Inspector General and shall furnish
				  such information and assistance as she determines is reasonably necessary to
				  fulfill her duties.
Signed: Andrew M. CuomoDated: February 25,
					 2011