N.Y. Comp. Codes R. & Regs. tit. 9 § 4.123

Current through Register Vol. 46, No. 43, October 23, 2024

Section 4.123 - Executive order no. 123: establishing the office for the prevention of domestic violence

WHEREAS, domestic violence, the physical or psychological abuse of one family member by another, occurs in all social groups; and

WHEREAS, domestic violence, sears the lives of its victims and destroys family integrity and leads to the death and incapacity of many persons each year; and

WHEREAS, New York State is committed to helping families affected by violence overcome the indignity and pain they suffer and is dedicated to preventing such violence from claiming new victims; and

WHEREAS, since 1983, the Governor's Commission on Domestic Violence has assisted the State in understanding the scope of this terrible problem and in assessing the need for institutional reforms and direct services, and has been the focal point for domestic violence policy development in New York, and the Commission's responsibilities have expanded over time to include public education, training, technical assistance and prevention efforts; and

WHEREAS, the time has come to provide a centralized training, education and outreach capacity at the State level, and a need exists for an administrative structure designed to evaluate, improve and strengthen the service system and to coordinate the efforts of the public agencies which provide services or funding for services;

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 within the Executive Department the New York State Office for the Prevention of Domestic Violence.

I. Purpose and Responsibilities

The New York State Office for the Prevention of Domestic Violence shall advise the Governor and the Legislature on the most effective ways for State government to respond to the problems posed by domestic violence.

In addition, the Office for the Prevention of Domestic Violence shall develop and implement programs and policies to facilitate the provision of relief and assistance to victims of domestic violence and their families. Such activities shall include, but not be limited to:

1. Coordinating and accelerating public education and community outreach;

2. Developing and delivering professional training;

3. Developing and promoting school-based prevention programs;

4. Providing technical assistance to local and state government bodies and agencies and private not-for-profit corporations;

5. Collecting data, conducting research, and holding public hearings; and

6. Serving as a clearinghouse for information and materials relevant to the issue of domestic violence;

7. Undertaking new program needs assessments;

8. Encouraging and facilitating interagency cooperation in the delivery and/or funding of domestic violence services;

9. Acting as an advocate for the domestic violence service community;

10. Producing periodic reports to the Governor and the Legislature recommending policy and program directions and reviewing the activities of the Office;

11. Examining the relationship between domestic violence and child abuse and neglect; and

12. Any other activities deemed necessary to facilitate the prevention of domestic violence.

All rights, powers, obligations and duties now held by the Governor's Commission on Domestic Violence are hereby transferred and assigned to, assumed by, the devolved upon the New York State Office for the Prevention of Domestic Violence. Any business or other matter undertaken or commenced by the Governor's Commission on Domestic Violence may be conducted and completed by the New York State Office for the Prevention of Domestic Violence.

All rights, powers, obligations and duties now held by the Governor's Commission on Domestic Violence are hereby transferred and assigned to, assumed by, and devolved upon the New York State Office for the Prevention of Domestic Violence. Any business or other matter undertaken or commenced by the Governor's Commission on Domestic Violence may be conducted and completed by the New York State Office for the Prevention of Domestic Violence.

II. Advisory Board

An Advisory Board shall be appointed to make recommendations for the policy focus and priorities of the Office. The Advisory Board shall consist of local criminal justice officials, educators, community service providers, representatives of statewide domestic violence advocacy organizations, and the heads of State agencies having key roles in providing services to individuals affected by domestic violence. A majority of the membership shall be non-State officials. Two members shall be appointed by the Temporary President of the Senate, two members shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Minority Leader of the Senate, and one member shall be appointed by the Minority Leader of the Assembly. The Governor shall appoint such members as the Governor deems fit, not inconsistent with this Executive Order. The Governor shall appoint a member chairperson, provided, however, that the Governor may choose to appoint two members to serve as Co-chairpersons. The Advisory Board shall meet from time to time as deemed necessary by the Chairperson or Chairpersons, or the Executive Director. The members of the Board shall not receive any salary or other compensation for their services but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. Reimbursement for such expenses shall be made only within the amounts made available therefore and subject to the approval of the Director of the Budget.

III. Executive Director

The Governor shall appoint an Executive Director. The Executive Director shall serve at the pleasure of the Governor.

The Executive Director shall receive an annual salary fixed by the Governor within the amounts appropriated specifically therefore and shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of the Director's duties. The Executive Director shall appoint staff and perform such other functions to ensure the efficient operation of the Office.

Upon the execution of this Executive Order, the Executive Director shall provide for the transfer to such office of the officers and employees of the Governor's Commission on Domestic Violence. Employees so transferred shall be transferred without further examination or qualification and shall retain their respective civil service classification and status. Any such employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made. Employees holding permanent appointments to competitive class positions who are not transferred pursuant to this section or not otherwise retained in their positions shall have their names entered upon an appropriate preferred list for reinstatement pursuant to the civil service law.

IV. Assistance of Other Agencies

The New York State Office for the Prevention of Domestic Violence may request and shall receive in a timely manner from any department, division, board, bureau, commission or agency of the State, such information and assistance as shall enable it to properly carry out its powers and duties hereunder.

Executive Order No. 18 promulgated on May 31, 1983 is hereby revoked and superseded by this Executive Order as of the date hereof.

Signed: Mario M. CuomoDated: April 19, 1989

[FN*] [Revokes and supersedes Executive Order No. 18, § 4.18, supra.] [Revoked by Executive Order No. 29 (George E. Pataki), infra.]

[FN[DOUBLE 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 § 4.123