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 General1. 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.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.103