N.Y. Comp. Codes R. & Regs. tit. 9 § 1.49
I, Nelson A. Rockefeller, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby direct by Executive Order that the Executive Order Number 31, dated December 17, 1968, as amended, which established the Crime Control Planning Board and Office of Crime Control Planning, be amended to read as follows:
I, Nelson A. Rockefeller, by virtue of the authority vested in me by the Constitution and the laws of the State of New York, and as Governor of the State of New York, by Executive Order do hereby establish in the Executive Department a board to be known as the Crime Control Planning Board, to advise the Governor concerning planning for the improvement and revitalization of State and local crime and juvenile delinquency prevention, law enforcement, criminal justice and offender treatment systems and to act as New York State's planning board pursuant to Title I of Public Law 90-351 ("Omnibus Crime Control and Safe Streets Act of 1968") and Public Law 90-445 ("Juvenile Delinquency Prevention and Control Act of 1968"), and any act or acts amendatory or supplemental thereto.
The Crime Control Planning Board shall consist of twenty-eight members broadly representative of State and local crime and juvenile delinquency prevention and control agencies, units of general local government, and community or citizen interests, to be appointed by, and serve at the pleasure of, the Governor, who shall also designate one of them as chairman. The director of the Division of the Budget shall serve as a non-voting member.
The Crime Control Planning Board shall:
--advise the Governor with respect to law enforcement and juvenile delinquency planning at all levels of government;
--:review, approve and maintain general oversight of all policies, plans and regulations for distribution of grants from funds made available to the State pursuant to Title I of Public Law 90-351 and Public Law 90-445, and any act or acts amendatory or supplemental thereto, and such other laws or programs as the Governor may direct;
--determine, subject to jurisdiction of the Governor, priorities for the use of such funds and allocations of such funds for specified purposes;
--adopt procedures of operation and promulgate rules and regulations governing administration of such funds.
The Director of the Office of Planning Services shall be responsible to the Governor for:
--performance of all necessary and appropriate staff services required by the Board utilizing to the extent possible the resources of existing State agencies and without in any way duplicating the functions of such agencies;
--preparation, evaluation and revision of proposed comprehensive Statewide crime control and juvenile delinquency prevention and control plans;
--receiving and disbursing funds, for and on behalf of the Crime Control Planning Board, from the Federal Government granted for comprehensive planning purposes under the provisions of Title I of Public Law 90-351, and Public Law 90-445;
--requesting from any department, division, board, bureau, commission or other agency of the State or any of its political subdivisions, such assistance, information and data as may be required;
--accepting, agreeing to accept, or contracting for as agent of the State and for and on behalf of the Crime Control Planning Board, with the approval of the Governor, any grant, including Federal grants, or any gift for any of the purposes of this order.
The members of the Board shall be reimbursed for their actual and necessary expenses, within the funds available therefor.
Executive Order Number 31, dated December 17, 1968, and Executive Orders Number 35, dated February 23, 1970, and Number 38, dated June 10, 1970, which amended such Order, are hereby amended and superseded by this Executive Order effective April 1, 1971. On such date, all the functions, powers and duties possessed by the Office of Crime Control Planning created under such Orders shall be transferred and assigned to, assumed by and devolved upon the Office of Planning Services, subject to any modifications and revisions of such functions, powers and duties contained in this Order; and all rights and obligations of the Office of Crime Control Planning under any contract or agreement relating to such functions, powers and duties to which the Office of Crime Control Planning is a party are hereby transferred and assigned to, devolved upon and assumed by the Office of Planning Services. With respect to the functions, powers, duties, rights and obligations so transferred and assumed, the Office of Planning Services shall be deemed and held to constitute the continuation of the Office of Crime Control Planning and not a different agency or authority. Any proceeding or other business or matter heretofore undertaken or commenced by or before such Office may be conducted and completed by the Office of Planning Services in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by such Office.
Provision may be made, within appropriations available therefor and subject to the Civil Service Law, for the transfer to the Office of Planning Services of such officers and employees of the Crime Control Planning Board other than Board members and the Office of Crime Control Planning as the Director of the Office of Planning Services may deem necessary.
All appropriations and reappropriations, together with all Federal funds under Title I of Public Law 90-351 and Public Law 90-445 advanced to the Crime Control Planning Board or the Office of Crime Control Planning, 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 for the same purposes for which originally appropriated or advanced.
Signed: Nelson A. RockefellerDated: April 2, 1971
[FN*] [Amends Executive Order Nos. 31, 35 and 38, supra.]
[FN[DAGGER]] [Revoked by Executive Order No. 74, infra. ]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 1.49