N.Y. Comp. Codes R. & Regs. tit. 9 § 1.46

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1.46 - Executive order no. 46: assigning certain functions to the office of planning services and office for local government in connection with the federal model cities program and the federal economic opportunity act of 1964

I, Nelson A. Rockefeller, 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 assign the following functions to the Office of Planning Services and the Office for Local Government in connection with the Federal Model Cities Program and the Federal Economic Opportunity Act of 1964.

I. Office of Planning Services

The Office of Planning Services shall:

1. Act as liaison with the Federal Model Cities Program;

2. Coordinate the efforts of all State departments and agencies as they relate to participation in the Federal Model Cities Program;

3. Provide and coordinate, to the extent that resources are available, training, technical assistance and other advisory services to local governments and community organizations in developing, conducting and administering Model Cities Programs; and,

4. As requested, act as liaison between local governments and State agencies and also between local governments and the Federal Government in relation to Model Cities Programs.

II. Office for Local Government

The Office for Local Government shall:

1. Implement the Federal Economic Opportunity Act of 1964; and,

2. Coordinate the efforts of all State departments and agencies as they relate to participation in the Economic Opportunity Act; and,

3. Provide and coordinate, to the extent that resources are available, training, technical assistance and other advisory services to local governments and community organizations in developing and administering community action programs and other programs intended to serve the disadvantaged or to upgrade the quality of community life; and,

4. Act, as requested, as a liaison between local governments and State agencies and also between local governments and the Federal Government in relation to Economic Opportunity programs.

III. Grants and Gifts

The Director of the Office of Planning Services and the Director of the Office for Local Government may, with respect to the functions, powers and duties herein transferred to them, respectively, and with the approval of the Governor, accept, agree to accept or contract for as an agent of the State, any grant, including Federal grants, or any gift for any of the purposes of this Order, including, in the case of the Office for Local Government, funds from the Federal Government granted under the provisions of the Economic Opportunity Act of 1964. Any monies so received may be expended by such Directors to effectuate any purpose of this Order subject to the same limitations as to approval of expenditures and audit as are prescribed for State monies appropriated for the purpose of this Order.

IV. Assistance of Other State Agencies

In exercising its powers and duties, the Office of Planning Services and the Office for Local Government may call upon other State departments and agencies to provide, within available resources, such assistance as such Offices may deem appropriate.

V. Rescission of Prior Orders, Effective Date and Transfer Provisions

Executive Order Number 33, dated August 28, 1969, which established the Office of Community Affairs, is hereby rescinded effective April 1, 1971.

On such date, all rights and obligations of the Office of Community Affairs under any contract or agreement relating to functions, powers and duties transferred to the Office of Planning Services and the Office for Local Government by this Order, respectively, are hereby transferred and assigned to, devolved upon and assumed by the Office of Planning Services and the Office for Local Government, respectively. With respect to the functions, powers, duties, rights and obligations so transferred and assumed, the Office of Planning Services and the Office for Local Government shall be deemed and held to constitute, respectively, the continuation of the Office of Community Affairs and not a different agency or authority. Any proceeding or other business or matter heretofore undertaken or commenced by or before the Office of Community Affairs with respect to functions, powers, duties, rights and obligations transferred to the Office of Planning Services and the Office for Local Government, respectively, may be conducted and completed by the Office of Planning Services and the Office for Local Government, respectively, in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the Office of Community Affairs.

Provision may be made, within appropriations available therefor and subject to the Civil Service Law, for the transfer to the Office of Planning Services and to the Office for Local Government of such officers and employees of the Office of Community Affairs as the Directors of the Office of Planning Services and the Office for Local Government may deem necessary.

All appropriations or reappropriations together with any Federal Funds advanced to the Office of Community Affairs for the functions, powers and duties, rights and obligations so transferred and assumed, to the extent of remaining unexpended or unencumbered balances thereof, whether allocated or unallocated and whether obligated or unobligated, shall be transferred to and made available for use by the Office of Planning Services and the Office for Local Government, respectively, for the same purposes for which originally appropriated or advanced, pursuant to an allocation to be made by the Director of the Division of the Budget.

Signed: Nelson A. RockefellerDated: April 2, 1971

[FN[DAGGER]] [Revokes Executive Order No. 33, supra.]

[FN**] [Revoked by Executive Order No. 9, Hugh L. Carey, § 3.9, infra]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1.46