N.Y. Comp. Codes R. & Regs. tit. 9 § 4.65

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

Section 4.65 - Executive order no. 65: appointing special commissioners to investigate the faithful execution of the laws and the relationship between government and police misconduct in the use of force

WHEREAS, the fair, impartial, prudent and equal enforcement of the law with respect to all citizens is essential to a free society; and

WHEREAS, widespread allegations of the improper use of force by police officers threaten to undermine public confidence in law enforcement throughout the State; and

WHEREAS, several investigations or inquiries have been commenced with respect to certain allegations; and

WHEREAS, a more comprehensive, centralized, statewide investigation of the issues surrounding the use of force by police officers is necessary to ensure that public confidence in law enforcement is maintained and improved, and coordinated action is necessary to implement the findings of the statewide investigation; and

WHEREAS, numerous proposals for strengthening police capacity to be efficient and fair have been suggested which require further review;

NOW, THEREFORE, pursuant to section six of the Executive Law, I, Mario M. Cuomo, Governor of the State of New York, do hereby appoint Paul J. Curran, R. Harcourt Dodds, Flora Mancuso Edwards, Thomas F. Hastings, and Robert Hill Schwartz as special commissioners to investigate the faithful execution of the laws and the relationship between government and police misconduct in the use of force, and to make recommendations for action to strengthen and improve practices and procedures relating to the faithful execution of the laws, with the following duties, powers and authorities:

I. To investigate the recruitment, hiring, training, qualifications, promotion, supervision and discipline of police officers and peace officers, as well as current practices relating to the review of and response to civilian complaints, and current techniques of police community relations.

II. To investigate the proper role of government, especially State government, in preventing the misuse of force by police officers and peace officers.

III. To investigate generally the policies, practices and procedures of agencies employing police officers and peace officers, and of prosecution agencies, in cases relating to the use of force, particularly deadly force, by police and peace officers.

IV. To extend assistance to and receive assistance from public officers engaged in or responsible for the detection and apprehension of suspected criminals, and the investigation and prosecution of crime.

V. To examine into the relationship between the government of the State and local law enforcement or regulation or administration, with particular reference to, but not limited to, the following issues:

1. The existing powers of the Governor, of State agencies and of other persons and bodies with respect to local public officers concerned with or responsible for law enforcement or regulation or administration.

2. The extent to which the power of the State government in connection with local law enforcement or regulation or administration may or should properly be modified.

3. The necessity or desirability of amending or repealing laws or regulations relating to any of the above issues, and to report on all of the foregoing to the Governor.

VI. Paul J. Curran is hereby designated chairman, and the commissioners are hereby empowered to issue subpoenas, enforce the attendance of witnesses, administer oaths and examine witnesses under oath, and require the production of any books or papers deemed relevant or material, and I hereby give and grant to the commissioners all and singular the powers and authorities which may be given or granted to persons appointed by me for such purpose under authority of section six of the Executive Law.

FURTHER, pursuant to subdivision eight of section sixty three of the Executive Law, I hereby direct the Attorney General to inquire into the matters set forth above involving public peace, public safety and public justice and I request that the Attorney General do so by appointing Paul J. Curran as a Deputy Attorney General and such counsel, deputies, officers and other persons as Paul J. Curran may require to accomplish the purpose of this Order and fix their compensation.

Every department, division, board, bureau and agency of the State shall provide to the Attorney General and to Paul J. Curran every assistance, facility and cooperation which may be necessary or desirable for the accomplishment of the duties or purposes of the Attorney General and Paul J. Curran under this Order.

The mayors or other chief executive officers of cities, the district attorneys of the counties, the sheriffs of the counties and the commissioners or chiefs of police or persons having comparable titles or duties exercising supervision of police forces within the State are called upon to cooperate and make available every facility and assistance to the Attorney General and Paul J. Curran in the performance of their duties under this Order.

Signed: Mario M. CuomoDated: June 5, 1985

[FN*] [Revoked by Executive Order No. 31 (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.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.65