WHEREAS, terrorism is a serious and deadly problem that involves the commission of violent and cowardly acts, such as bombings, assassination, kidnappings and acts of sabotage, that directly or indirectly affect countless New Yorkers;
WHEREAS, these horrifying acts of terrorism, which occur both at home and around the world, underscore a compelling need to combat terrorism with increased vigilance in New York State;
WHEREAS, the State of New York has recognized the continuing possibility of a terrorist attack in the state and has developed a Weapons of Mass Destruction Task Force comprised of representatives from several appropriate state agencies within the Executive Department to ensure that first responders and those entities responsible for handling terrorist incidents are adequately trained and fully equipped to handle such incidents; and
WHEREAS, the creation of a centralized entity to review incidents of terrorism, coordinate intelligence with State and local entities, work cooperatively with other jurisdictions, and develop mechanisms for preventing and responding to terrorist acts, is vital so that New York State is as prepared as possible in the event of terrorism.
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 terrorism with the following membership, responsibilities and powers:
I. MEMBERSHIP 1. Members of the Commission shall be appointed by the Governor and shall serve at the pleasure of the Governor. The Commission shall be comprised of 15 members, who shall serve personally or through his or her designee. The members shall be the Director of State Operations, who shall serve as a co-chairperson of the Commission; the Director of Criminal Justice, who shall serve as a co-chairperson; the Superintendent of the Division of State Police; the Adjutant General of the Division of Military and Naval Affairs; the Director of the State Emergency Management Office; a designee of the Office for Technology; the Commissioner of the Department of Health; a representative from the New York State Emergency Medical Association; a representative from the District Attorneys Association; a representative from the New York State Association of Chiefs of Police; a representative from the New York State Sheriff's Association; a representative from the New York City Police Department; an expert on international terrorism; an expert on domestic terrorism; and a victims' advocate. In carrying out its powers and duties as provided in this Order, the Commission shall consult with: the Metropolitan Transit Authority; the Port Authority of New York and New Jersey; the New York City Fire Department; the New York City Office of Emergency Management; the New York State Fire Chiefs Association; the United States Attorneys; the Federal Bureau of Investigation, other federal agencies and any other persons or entities it deems appropriate or necessary.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. POWERS AND RESPONSIBILITIES OF THE COMMISSION The Commission shall:
1. Review the adequacy of the laws in New York State for responding to terrorism and provide recommendations to strengthen the laws;2. Assess the adequacy of New York State's capacity to prevent terrorism, whether targeted at the population-at-large, individuals or the State's infrastructure - through weapons of mass destruction, conventional weaponry or through cyberterrorism;3. Review the State's first responder plans for terrorist incidents and attacks;4. Evaluate the training needs of police and prosecutors in identifying and responding to terrorist incidents and attacks;5. Provide recommendations for addressing the needs of victims of terrorist acts, from initial response to prosecution;6. Identify areas for improvement in coordinating the activities of law enforcement and emergency response agencies;7. Identify areas for improvement in coordinating the activities of State and local agencies with the activities of the Federal government; and8. Coordinate efforts with the Weapons of Mass Destruction Task Force to ensure that New York State is prepared to respond to terrorist incidents.III. REPORT The Commission shall submit an interim report to the Governor, by no later than July 1, 2002, which assesses the State's level of preparedness for responding to the full range of possible terrorist threats. The Commission shall submit a final report to the Governor by no later than July 1, 2003. The final report shall provide recommendations for improvements in the State's capacity to prevent, identify, investigate, prosecute, respond to and recover from terrorist incidents. The final report shall also identify ways of improving coordination and terrorism response planning with the Federal government and with other states in the region.
IV. ASSISTANCE AND COOPERATION All departments and units of the Executive Branch of State government are directed to cooperate fully with the Commission and to provide such assistance as it may require to fulfill its obligations. Such assignment may include the assignment of staff and the provision of support services.
Signed: George E. PatakiDated: June 14, 2001
WHEREAS, the Commission on Terrorism was established by Executive Order No. 112, dated June 14, 2001, to review incidents of terrorism, coordinate intelligence with State and local entities, work cooperatively with other jurisdictions, and develop mechanisms for preventing and responding to terrorist acts, so that New York State is as prepared as possible in the event of terrorism;
WHEREAS, the State Office of Fire Prevention and Control and the New York City Emergency Management Office have valuable experience and expertise that are vital to the Commission's endeavor and would better enable the Commission to successfully carry outs its power and responsibilities; and
WHEREAS, it is in the best interests of the State to designate the State Office of Fire Prevention and Control and the New York City Emergency Management Office as members of the Commission and thereby ensure that the experience and expertise of these entities are appropriately utilized.
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 continue Executive Order No. 112, except that Subdivision 1 of Part I of such Executive Order is amended to read as follows:
1. Members of the Commission shall be appointed by the Governor and shall serve at the pleasure of the Governor. The Commission shall be comprised of 17 members, who shall serve personally or through his or her designee. The members shall be the Director of State Operations, who shall serve as a co-chairperson of the Commission; the Director of Criminal Justice, who shall serve as a co- chairperson; the Superintendent of the Division of State Police; the Adjutant General of the Division of Military and Naval Affairs; the Director of the State Emergency Management Office; a designee of the Office for Technology; a designee of the State Office of Fire Prevention and Control; the Commissioner of the Department of Health; a representative from the New York State Emergency Medical Association; a representative from the District Attorneys Association; a representative from the New York State Association of Chiefs of Police; a representative from the New York State Sheriff's Association; a representative from the New York City Police Department; a representative from the New York city Emergency Management Office; an expert on international terrorism; an expert on domestic terrorism; and a victims' advocate. In carrying out its powers and duties as provided in this Order, the Commission shall consult with the Metropolitan Transit Authority; the Port Authority of New York and New Jersey; the New York City Fire Department; the New York State Fire Chiefs Association; the United States Attorneys; the Federal Bureau of Investigation, other federal agencies and any other persons or entities it deems appropriate or necessary. Signed: George E. PatakiDated: July 12, 2001
[FN*] [Superseded by Executive Order No. 132 (George E. Pataki), infra.]
[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.]
[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 § 5.112
Superseded by Executive Order No. 132 (George E. Pataki), infra.