New York State Temporary Commission of Investigation

CURRENT FUNCTIONS. The Temporary State Commission of Investigation is an independent, bipartisan, fact-finding and evidence gathering agency responsible for conducting investigations into the enforcement of state laws, particularly as they relate to organized crime and racketeering; the conduct of public officers and public employees; and any other matter concerning the public peace, public safety, or public justice. At the request of the governor or an agency head the Commission may conduct investigations into the removal of a public officer by the governor, or into the management of any state department, board, commission, or other agency. It does not possess prosecutorial authority, but may refer the results of its investigations to prosecutors for appropriate action.

Past investigations have covered a broad range of subjects and agencies, including: gun control in New York, the State Commission of Correction, the Dutchess County Sheriff's Department, delinquent real estate taxes in Albany County, and racial bias practiced by criminal justice authorities in Orange County.

ORGANIZATIONAL HISTORY. A Commissioner of Investigation was created in the Executive Department in 1953 (Chapter 887) with powers similar to those of the present Commission. The office of Commissioner was abolished in 1958 (Chapter 989) and the Temporary State Commission of Investigation was created pursuant to article 5, section 3 of the State Constitution. The Commission consisted of four members, two appointed by the governor and one each by the temporary president of the Senate and the speaker of the Assembly.

In 1983 (Chapter 1001) the membership was enlarged to six, with an additional member appointed by each legislative leader. Currently, one of the governor's appointees must be an attorney; the governor also designates one member to serve as chairman. Commissioners serve two-year terms, and no more than three members may belong to the same political party. The commission's existence has periodically been extended by the legislature, typically every three years.

A Commissioner of Investigation was created in the Executive Department in 1953 (Chapter 887) with powers similar to those of the present Commission. The office of Commissioner was abolished in 1958 (Chapter 989) and the Temporary State Commission of Investigation was created pursuant to article 5, section 3 of the State Constitution. The Commission consisted of four members, two appointed by the governor and one each by the temporary president of the Senate and the speaker of the Assembly.

In 1983 (Chapter 1001) the membership was enlarged to six, with an additional member appointed by each legislative leader. One of the governor's appointees had to be an attorney; the governor also designates one member to serve as chairman. Commissioners serve two-year terms, and no more than three members could belong to the same political party. The commission's existence has periodically been extended by the legislature, typically every three years. The Commission ceased operations April 1, 2009, after its budgetary appropriation was terminated.