Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, pursuant to the State Constitution, every public
authority and every public benefit corporation is created by a Special Act of
the State Legislature to serve the public interest;
WHEREAS, each public authority and public benefit
corporation is empowered to perform various functions pursuant to its enabling
statute, including the power to sue and be sued, to have a seal and alter it,
to make contracts, to adopt by-laws, to borrow money and to acquire and dispose
of real property;
WHEREAS, although public authorities and public benefit
corporations enjoy financial, jurisdictional and administrative flexibility not
generally available to the State's agencies, it is the policy of the State of
New York to ensure that activities of our public authorities are consistent
with the policies and practices of the State;
WHEREAS, it is also necessary to insure that each public
authority carries out its operations in a prudent and responsible manner and is
accountable to the public;
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 direct as follows:
I. Definitions:
1. "Public authority" shall include every
public authority and/or public benefit corporation created pursuant to the New
York State law, at least half whose board members are appointed by the Governor
or who serve as members by virtue of holding a civil office of the State, or a
combination thereof (such entities, as so constituted, shall hereafter be
referred to as "public authorities" or "authorities").
2. "Division of the Budget" or "Division"
shall mean the New York State Division of the Budget in the Executive
Department.
3. "Office of Employee
Relations" shall mean the Governor's Office of Employee Relations in the
Executive Department.
II. Responsibilities of Public Authorities:
Each public authority shall:
1. Provide the Division of the Budget such
information concerning administrative policies and procedures as may be
requested from time to time. Each authority shall be expected to achieve
reasonable consistency with the general administrative policies and practices
in effect for State agencies;
2. In
accordance with section
2801 of
the Public Authorities Law, provide the Division of the Budget, acting on
behalf of the Governor, budget information on operations and multi-year capital
construction plans, for comment by the division. These plans shall set forth
the estimated receipts and expenditures for the next fiscal year and the
current fiscal year, and the actual receipts and expenditures for the last
completed fiscal year and shall be submitted not less than 60 days before the
commencement of the authority's fiscal year;
3. File with the Division of the Budget and
the Department of Economic Development a copy of the comprehensive guidelines
prepared in accordance with section
2879 of
the Public Authorities Law including the authority's policy and practices for
the use, awarding, monitoring and reporting on practices for selecting bond
counsels, financial advisors, underwriters, consultants and other procurement
contracts and practice including policies on encouragement of participation of
Women and Minority Owned Business Enterprises;
4. Submit copies of salary, compensation and
travel guidelines for all authority personnel to the Division of the Budget and
the Office of Employee Relations for comment prior to adoption by the Board of
Directors;
5. File a copy of each
bond resolution or bond indenture in force for the authority. Submit a draft of
each preliminary official statement for a bond or note sale to the Division of
the Budget at least five days prior to its release, accompanied by a written
statement of all provisions in bond or note documents that would restrict or
inhibit the authority's flexibility to provide assistance financial or
otherwise to the State or that obligates or restricts the State in any
manner;
6. Consult with the Office
of Employee Relations regarding current and anticipated collective negotiations
with the authority's employee representatives so that executed agreements are
consistent or where inconsistent, so that the inconsistent provisions can be
documented and their cost defined;
7. Agree to the establishment of an Inspector
General, Internal Auditor or other person capable of carrying out similar
functions and duties or provide reasons in writing why it would not be
appropriate; and
8. Consult with
the Division of the Budget where the authority believes that one or more
provisions of this Executive Order would constitute a tangible and direct
impairment of such authority's statute or agreements with
bondholders.
III.
Responsibilities of the Division of the Budget:
1. From time to time, examine the management,
organization, operations and financing of one or more public authorities and
report to the Governor on recommendations for improvement; and
2. Make generally available to each public
authority information on State administrative procedures and policies, for
information purposes, to assist authorities in meeting the requirements of this
Executive Order.
IV.
Responsibilities of The Office of Employee Relations:
1. Make available to each public authority
information regarding State collective negotiations, negotiating policy, and
the provisions of executed agreements to assist each authority in meeting the
requirements of this Executive Order.
V. Responsibilities of The Executive Chamber:
1. Coordinate the development of an
orientation program for new board appointees to ensure that member
responsibilities and major program policies of the Governor are clearly
communicated and understood; and
2.
Facilitate the development of an annual forum or series of structured meetings
between authority board members and senior staff from the Executive to
communicate the Governor's policies and programs, identify major management and
operational issues and identify goals for the next fiscal year.
VI. Reports to the Governor:
1. On or before November 1, 1993, the
Division of the Budget shall report to the Governor on progress in implementing
the Executive Order and any legislative changes that may be required to
implement the intent of this Executive Order including recommendations to
improve consistency in debt issuance policies of the State and the
authorities.
2. On or before
December 31, 1994 and annually thereafter, the Division of the Budget and the
Office of Employee Relations shall report to the Governor on progress in
implementing this Executive Order and other recommendations for changes.
Signed: Mario M. CuomoDated: July 28, 1993
[FN*] [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.]
