Current through Register Vol. 46, No. 52, December 24, 2024
WHEREAS, the people of the State of New York are entitled
to and demand a government committed to the highest standards of integrity,
honesty, efficiency and accountability;
WHEREAS, misconduct involving corruption, fraud, criminal
activity, conflicts of interest or abuse by State officers and employees
undermines public confidence in government, and prevents government from
operating honestly, efficiently and effectively;
WHEREAS, it is necessary promptly to identify such conduct
so that effective remedial action may be taken;
WHEREAS, previously issued Executive Orders established the
Office of the State Inspector General to receive and investigate allegations of
fraud, abuse and corruption, to report any findings, and to recommend measures
to prevent the future occurrence of such misconduct; and
WHEREAS, the responsibilities and powers of the Office of
the State Inspector General should be broadened to strengthen its ability to
detect, investigate, eliminate and deter corruption, fraud, criminal activity,
conflicts of interest and abuse in agencies under its jurisdiction, and thereby
enhance and promote integrity, honesty and efficiency in State
government;
NOW, THEREFORE, I, GEORGE E. PATAKI, 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 revoke Executive Order 103 and, by
this Order, re-establish in the Executive Department the Office of the State
Inspector General, as follows:
I. The
Office of 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 Secretary to the Governor;
2. The State Inspector General shall have the
necessary staff and resources to fulfill the duties and responsibilities
specified in this Order;
3. The
State Inspector General may appoint one or more Deputy Inspectors General to
serve at his or her pleasure, who shall be responsible for conducting
investigations in the agencies to which they are designated and in which they
are deemed employed. As directed by the Secretary to the Governor, covered
agencies shall provide personnel and resources to the State Inspector General,
to be allocated by the State Inspector General for this purpose. The Deputy
Inspectors General shall report to the State Inspector General.
II. Duties and Responsibilities
The State Inspector General shall have the following duties
and responsibilities:
1. To receive
and investigate complaints from any source, or upon his or her own initiative,
concerning allegations of corruption, fraud, criminal activity, conflicts of
interest or abuse in any covered agency;
2. To inform the heads of covered agencies of
such allegations and the progress of investigations related thereto, unless
special circumstances require confidentiality;
3. To determine with respect to such
allegations whether disciplinary action, civil or criminal prosecution, or
further investigation by an appropriate Federal, State or local agency is
warranted, and to assist in such investigations;
4. To prepare and release to the public
written reports of such investigations, as appropriate and to the extent
permitted by law, subject to redactions to protect the confidentiality of
witnesses. The release of all or portions of such reports may be deferred to
protect the confidentiality of an ongoing investigation;
5. To review and examine periodically the
policies and procedures of covered agencies with regard to the prevention and
detection of corruption, fraud, criminal activity, conflicts of interest or
abuse;
6. To recommend remedial
action to prevent or eliminate corruption, fraud, criminal activity, conflicts
of interest or abuse in covered agencies; and
7. To establish programs for training State
officers and employees regarding the prevention and elimination of corruption,
fraud, criminal activity, conflicts of interest or abuse in covered
agencies.
III. Powers
The State Inspector General shall have the power to:
1. Subpoena and enforce the attendance of
witnesses;
2. Administer oaths or
affirmations and examine witnesses under oath;
3. Require the production of any books and
papers deemed relevant or material to any investigation, examination or
review;
4. Examine, copy or remove
documents or records of any kind prepared, maintained or held by any covered
agency, except those documents or records that may not be so disclosed
according to law;
5. Require any
officer or employee in a covered agency to answer questions concerning any
matter related to the performance of his or her official duties. No statement
or other evidence derived therefrom may be used against such officer or
employee in any subsequent criminal prosecution other than for perjury or
contempt arising from such testimony. The refusal of any officer or employee to
answer questions shall be cause for removal from office or employment or other
appropriate penalty;
6. Monitor the
implementation by covered agencies of any recommendations made by the State
Inspector General; and
7. Perform
any other functions that are necessary or appropriate to fulfill the duties and
responsibilities of office.
IV. Responsibilities of Covered Agencies,
State Officers and Employees
1. Every State
officer or employee in a covered agency shall report promptly to the State
Inspector General any information concerning corruption, fraud, criminal
activity, conflicts of interest or abuse by another state officer or employee
relating to his or her office or employment, or by a person having business
dealings with a covered agency relating to those dealings. The knowing failure
of any officer or employee so to report shall be cause for removal from office
or employment or other appropriate penalty. Any officer or employee who acts
pursuant to this paragraph by reporting to the State Inspector General improper
governmental action as defined in Civil Service Law Section 75-b shall not be
subject to dismissal, discipline or other adverse personnel action.
2. The head of any covered agency shall
advise the Governor within 90 days of the issuance of a report by the State
Inspector General as to the remedial action that the agency has taken in
response to any recommendation for such action contained in the
report.
V. Covered
Agencies
The term covered agencies shall mean all executive branch
agencies, departments, divisions, offices, boards, commissions, public
authorities (other than multi-state or multi-national authorities), and public
benefit corporations, the heads of which are appointed by the Governor and
which do not have their own Inspector General by law. Wherever a covered agency
is a board, commission, public authority or public benefit corporation, the
head of the agency is the chairperson thereof.
Signed: George E. PatakiDated: June 17, 1996
[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.]
