New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.168 - Executive order no. 168: directing the merger of the office of management and productivity into the office of business permits and regulatory assistance

Current through Register Vol. 46, No. 39, September 25, 2024

WHEREAS, the Office of Business Permits and Regulatory Assistance is making important progress in improving the State's regulatory structures by reviewing and reforming agency rules and regulatory practices and simplifying business permit and licensing procedures;

WHEREAS, the Office of Management and Productivity is making measurable improvements in the efficiency and productivity of State government through a comprehensive management program involving all State agencies;

WHEREAS, both the Office of Business Permits and Regulatory Assistance and the Office of Management and Productivity share a common commitment to strengthen and reform the administration of State government so that it may better serve its citizens;

WHEREAS, a merger of the Office of Management and Productivity into the Office of Business Permits and Regulatory Assistance will greatly strengthen the State' s efforts and capability to improve productivity, promote regulatory reform, and reduce administrative burdens;

WHEREAS, further adjustments may be necessary to fully effectuate this merger and to carry out an expanded program of government improvement;

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 merge within the Executive Department the Office of Management and Productivity into the Office of Business Permits and Regulatory Assistance.

I. Transfer of Functions, Powers and Duties

Effective April 1, 1993, all of the functions and powers possessed by, and all of the obligations and duties of, the Office of Management and Productivity and the Management and Productivity Advisory Council, as created by Executive Order No. 27 and continued by Executive Order No. 116, are hereby transferred and assigned to, assumed by and devolved upon the Office of Business Permits and Regulatory Assistance and the Director thereof, as may be applicable. The Director of the Office of Business Permits and Regulatory Assistance shall also be Special Assistant to the Governor for Regulatory and Management Assistance.

II. Transfer of Employees

Consistent with the directive contained in the 1993-94 Executive Budget and in accordance with Civil Service Law § 70 (2), provision shall be made for the transfer of the Office of Management and Productivity employees who are substantially engaged in the functions being transferred to the Office of Business Permits and Regulatory Assistance.

III. Transfer of Advisory Council

Effective April 1, 1993, the Management and Productivity Advisory Council established by Executive Order No. 27 and continued by Executive Order No. 116, including private sector executives and members of the academic community, is hereby continued and transferred to the Office of Business Permits and Regulatory Assistance to provide guidance for the management and productivity activities of the merged offices. Members of the advisory council shall be appointed by the Governor and serve at his pleasure for terms of three years. Terms of current members shall be continued as if appointed on the effective date of this order. They shall serve without salary, but shall be entitled to reimbursement for their necessary and reasonable expenses incurred in connection with their services to the council. The Governor shall designate a chairperson from among the council members.

IV. Transfer of Pending Projects and Records

Any matter undertaken or commenced by the Office of Management and Productivity which is pending on the effective date of the transfer of functions, powers and duties effected by this order may be conducted and completed by the Office of Business Permits and Regulatory Assistance in the same manner and with the same effect as if conducted or completed by the Office of Management and Productivity. All records in the possession of the Office of Management and Productivity shall be transferred to the Office of Business Permits and Regulatory Assistance.

V. Continuity of Authority

A. Whenever the Office of Management and Productivity, its Advisory Council, or the Director thereof is referred to or designated in any executive order, contract or other document, such reference or designation shall be deemed to refer to the Office of Business Permits and Regulatory Assistance or the Director thereof, or the Advisory Council continued herein, as may be applicable.

B. For the purpose of succession to all functions, powers, duties and obligations transferred and assigned to, devolved upon and assumed by it pursuant to this order, the Office of Business Permits and Regulatory Assistance shall constitute the continuation of the Office of Management and Productivity.

Signed: Mario M. CuomoDated: March 22, 1993

[FN*] [Revoked and superseded by Executive Order No. 20 (George E. Pataki) § 5.20, supra.]

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