Current through Register Vol. 46, No. 52, December 24, 2024
WHEREAS, domestic violence is a pervasive problem in
American society and in New York State;
WHEREAS, domestic violence devastates its victims and
threatens the health of children and families;
WHEREAS, domestic violence imposes staggering costs on
society associated with legal and medical expenses, law enforcement, social
services, the courts, and lost productivity; and
WHEREAS, it is estimated that 200 women die each year in
New York State as a result of domestic violence;
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 establish the Commission on Domestic
Violence Fatalities with the following membership, responsibilities and
powers:
I. MEMBERSHIP
1. The commission shall be comprised of 14
members, who shall be: Jeanine Pirro, Westchester County District Attorney, who
shall be the chairperson; Judge Juanita Bing Newton, Carol Johnston, Executive
Director of the Office for the Prevention of Domestic Violence, and John
Timoney, each of whom shall be vice chairpersons; Brian Wing, Acting
Commissioner, Department of Social Services; Susan M. Barbour, Deputy Attorney
General; Judge Marjorie Fields; Charles Houper, Sheriff, Chemung County;
Raymond Crawford, Nassau County Police Department, Vernon Geberth; Charlotte
Watson; Sherry Frohman; Dr. Jane A. Petrow; and Dr. Jonathan Arden.
2. The members of the commission shall
receive no compensation but shall be entitled to reimbursement for any
necessary expenses incurred in connection with the performance of their duties.
Service on the commission shall not constitute public employment for purposes
of disqualification from holding public office or employment.
II. RESPONSIBILITIES
The commission shall investigate select domestic violence
fatalities to determine whether the deaths were associated with any
deficiencies in the social services system, law enforcement, the courts, or any
other public or private entity. The Office for the Prevention of Domestic
Violence shall assist the commission to identify cases for review, after
consulting with law enforcement agencies, District Attorney's offices, and
other entities and individuals interested in the prevention of domestic
violence. No fatality may be reviewed if there is an on-going investigation or
prosecution, unless the law enforcement agency or prosecutor having
jurisdiction over the case certifies that the commission's review will not
impede the investigation or prosecution.
III. REPORT
The commission shall prepare a written report to the
Governor by January 1, 1998. The report shall:
(i) recommend new prevention and protective
strategies, guidelines and legislation, to the extent appropriate, to reduce
the prevalence of domestic violence;
(ii) recommend appropriate measures to
improve the management, supervision and provision of services to victims of
domestic violence and their families; and
(iii) assess whether a Fatality Review Board
to examine domestic violence fatalities should be created permanently by
legislation. The report shall focus upon systemic problems.
IV. POWERS
1. Pursuant to subdivision eight of section
63 of the
Executive Law, I hereby direct the Attorney General to inquire into the matters
set forth in paragraph II of this Order, which I find involve public peace,
public safety and public justice. I request that the Attorney General do so by
appointing one or more of the above named Commissioners as Deputy Attorneys
General and delegating to such Deputy Attorneys General authority to exercise
the investigative powers that are provided for in an investigation pursuant to
such section upon a majority vote of the commission and with the approval of
the chairperson. Pursuant to section
six of the
Executive Law, I hereby give and grant to the commissioners all the powers and
authority to examine and investigate the management and affairs of any
department, board, bureau or commission of the State with respect to the
matters set forth in paragraph II of this Order that may be given or granted to
persons appointed by me under authority of section
six of the
Executive Law; provided, however, that the issuance of subpoenas shall require
a majority vote of the commission and the approval of the
chairperson.
2. The Office for the
Prevention of Domestic Violence shall provide staff to the commission,
including but not limited to a counsel, investigators and secretarial
support.
3. Every department,
board, bureau and commission of the State shall provide assistance and
cooperation to the commission.
Signed: George E. PatakiDated: October 1, 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.]
