Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, The prevention of fraud, abuse and corruption in
the agencies, departments and divisions of State government is an important
responsibility of the State;
WHEREAS, The prevention of fraud, abuse and corruption in
the agencies, departments and divisions of State government is dependent in
part upon the development, implementation and enforcement of sound policies and
procedures directed to that end;
WHEREAS, There should be constant vigilance in each agency,
department and division of State government as to the adequacy of such policies
and procedures and as to the fact of compliance therewith; and
WHEREAS, The establishment of the Office of Inspector
General in the Executive Department will facilitate the carrying out of the
obligation of vigilance as described above:
NOW, THEREFORE, I, MARIO M. CUOMO, 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 establish in the Executive Department the
Office of State Inspector General to examine, investigate, and make
recommendations with respect to the prevention and detection of fraud, abuse
and corruption in the State agencies, departments and divisions of State
government the heads of which are nominated or appointed by the
Governor.
I. The State Inspector
General
1. The State Inspector General shall
be appointed by and serve at the pleasure of the Governor, and report to the
Director of Criminal Justice.
2.
The State Inspector General shall exercise the authority as specified in this
order to fulfill the duties and responsibilities as specified.
II. The Office of the State
Inspector General
1. The State Inspector
General shall have the necessary staff and resources to fulfill the duties and
responsibilities as specified.
2.
The State Inspector General may appoint one or more Deputy Inspectors General,
as needed, to serve at his pleasure and at his discretion. The State Inspector
General may assign the Deputy Inspectors General to designated agencies,
departments and divisions of State government.
3. Existing State agency inspectors general
in agencies covered by this order (hereinafter "covered agencies") shall serve
concurrently in their present positions and in the Office of the State
Inspector General. They shall report to and follow the direction of the State
Inspector General, as well as the commissioner or director of their respective
agencies.
III. Authority
of the State Inspector General
1. Pursuant to
section
6 of the Executive
Law, the State Inspector General is authorized to examine and investigate the
management and affairs of the covered agencies concerning fraud, abuse or
corruption and, if there exist reasonable grounds that justify further inquiry,
may specifically:
subpoena and enforce the attendance of witnesses;
administer oaths and examine witnesses under oath; and
require the production of any books or papers deemed relevant and
material.
2. The State
Inspector General is further authorized to perform any other functions
necessary to fulfill the duties and responsibilities of the office.
IV. Duties and Responsibilities of
the State Inspector General
1. The State
Inspector General shall receive complaints of fraud, abuse or corruption in
covered agencies and determine whether they warrant investigation.
2. The State Inspector General shall
investigate complaints of fraud, abuse or corruption when appropriate,
determine whether disciplinary action, civil or criminal prosecution, or
further investigation by relevant Federal, State or local agencies is warranted
and take further action as appropriate.
3. The State Inspector General shall report
complaints of fraud, abuse or corruption to such Federal, State or local
agencies when there is evidence that non-State agency personnel have engaged in
what may be criminal activity and when otherwise appropriate, and shall
otherwise cooperate with them in any further action.
4. The State Inspector General shall help
prevent fraud, abuse or corruption in covered agencies by periodically
reviewing policies and procedures and monitoring day-to-day operations and
making recommendations for improvement.
5. In performing his duties and
responsibilities, the State Inspector General shall keep the Director of
Criminal Justice informed of allegations and evidence of fraud, abuse or
corruption in covered agencies and of the progress of any investigation, and
shall keep the appropriate agency commissioner or director so informed, unless,
in the judgment of the State Inspector General, special circumstances require
full confidentiality.
6. The State
Inspector General shall prepare written reports of investigation as appropriate
and such reports shall be released to the public, subject to any reactions
needed to protect witnesses, unless the Director of Criminal Justice determines
that release of all or portions of the report should be deferred so as not to
compromise an ongoing investigation.
V. Responsibilities of Covered Agencies
1. All officers and employees in covered
agencies shall extend full cooperation and all reasonable assistance to the
State Inspector General and his designees. No provision of this order shall be
construed to diminish the responsibility of said officers and employees to be
vigilant in preventing and reporting fraud, abuse or corruption.
2. Complaints of fraud, abuse or corruption
shall be made to the agency inspector general, agency commissioner or director,
Deputy Inspector General or the State Inspector General as appropriate. The
agency inspector general and the agency commissioner or director shall report
all complaints of fraud, abuse or corruption to the State Inspector
General.
VI. Covered
Agencies
The following agencies shall be subject to the provisions
of this order and the authority of the State Inspector General: Department of
Environmental Conservation; Office of General Services; Division of Housing and
Community Renewal; Insurance Department; State Liquor Authority; New York State
Lottery; Department of Transportation; Division for Youth; and such other
agencies as may from time to time be determined by the State Inspector
General.
VII. Miscellaneous
Nothing herein shall be construed to impair the rights,
duties and obligations of State employees covered by collective bargaining
agreements.
Executive Order No. 86, promulgated on September 15, 1986,
is revoked and superseded by this Executive Order as of the date hereof.
Signed: Mario M. CuomoDated: October 14, 1987
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot
Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson),
infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
infra.]
