The Moreland Act is a New York law. It was passed by the New York State Senate on June 7, 1907, and signed into law the same year. It was introduced by Sherman Moreland, the Republican leader of the legislature. He proposed the act at the urging of New York Governor Charles Evans Hughes. It was known as Section 7 of the Executive Law from 1907 to 1909 and Section 8 from 1909 to 1951. It is now known as Section 6 of the Executive Law.

The act allows the governor, in person or through one or more persons appointed by the governor, to examine management and affairs of any department, board, bureau or commission in the state. Investigators could interview witnesses, administer oaths, hold hearings, and seize any material deemed relevant to the investigator's case. The investigators then had to use that intelligence to recommend legislative actions.

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History In the early 1900s, many agencies of New York were not controlled by the governor; instead, those agencies were responsible to the New York State Legislature or their heads were directly elected. In this context, in 1905, when Governor Frank W. Higgins recommended that the State Legislature investigate life insurance company operations in New York, it was the Legislature initiated the Armstrong Investigation. Future Governor Charles Evans Hughes was one of its counsels.

After the Armstrong commission released its report, Hughes was elected to the governorship in 1907. Upon taking office, Hughes discovered that the Superintendent of Insurance Otto Kelsey had failed to adopt the Armstrong recommendations. Hughes asked Kelsey to resign, but Kelsey declined to do so.

In response, Hughes called for gubernatorial investigative powers during a speech in Glen Falls, NY on April 7, 1907, and again in Elmira, NY on May 4, 1907. In response, State Senator Sherman Moreland drafted and introduced the Act in the legislature. The original bill called for a commissioner to be appointed every three years and for the commissioner to have the jurisdiction to investigate local governments; this version was defeated mainly due to concerns about separation of powers. The final version of the bill removed the recurring requirement to appoint new commissioners and removed the local government jurisdiction. This version was passed by the Legislature on June 7, 1907 and became effective June 20, 1907 as Section 7 of the Executive Law. The Act was further amended in 1928 and 1957.

In 1919, Governor Al Smith constituted a Reconstruction Commission to investigate the reorganization of New York State government. The Reconstruction Commission concluded that Moreland Commissions were not run consistently and that they did not lead to permanent reduction in corruption and waste due to their adhoc nature. They further recommended a permanent agency to make investigations when needed.

Partially as a result of the Reconstruction Commission's report, Smith led the 1920s reorganization of the State government such that the governor gained more control over most State agencies. This reorganization reduced the number of ad-hoc Moreland commissions needed because State agencies now reported to the governor. The need for Moreland commissions was further reduced was the establishment of a State investigations commission in the 1950s and the State inspector general in the 1980s.

Commissions Moreland Commissions are constituted by the Governor of New York. There is no prescribed number of commissioners and no requirements to be appointed as a commissioner, although it is common for the commissioners to be State officials, lawyers, judges, professors, civic leaders and technical experts.

The Executive Order creating a Moreland commission will usually call for State departments and agencies to cooperate with the commission. Commissions have the power to accept evidence and subpoena witnesses. Commissions must follow certain legal processes such as providing public notice for commission hearings, allowing witnesses to be represented by counsel and other requirements as described by the Code of Fair Procedure for Investigating Agencies.

The subpoena powers of Moreland commissions have been litigated in various cases. Generally, subpoenas issued by Moreland commissions have been upheld such as in Schiffman v. Bleakley (1943), Alexander v. New York State Com. (1954) and New York State Com. on Government Integrity v. Congel (1989). However, in one case People v. Hebberd (1916), various defendants were charged with conspiracy to avoid service of a subpoena issued by the 1915 Moreland commission on state charities. The court found that the subpoenas were invalid because the commission was attempting to investigate issues outside of its jurisdiction and thus the defendants were acquitted on those charges.

Local government investigation powers Moreland commissions have no ability to investigate local governments. The original version of the law that was introduced which had such powers was defeated by the Legislature. After the law was passed, there were calls to introduce this jurisdiction by Governor Miller in 1921,, the City Club of New York in 1932, and Governor Lehman in 1939 and 1940, but none of these efforts succeeded in amending the law.

Effectiveness In 1913, William Sulzer was Governor for ten months before being impeached; in this time, he constituted seven Moreland commissions. These commissions targeted his political opponents in the legislature, and some of these investigations were later discredited by legislative commissions. Sulzer's successor Martin H. Glynn criticized the use of investigations to target political opponents.

The 2013-2014 Moreland Commission to Investigate Public Corruption was also criticized for not being effective. Media reports alleged that Lawrence Schwartz, the secretary to the governor, barred the commission from issuing subpoenas to organizations with ties to Governor Cuomo, and that the commission was not permitted to investigate any improprieties on the part of the executive administration. The Commission also issued 300 subpoenas but some witnesses resisted the subpoenas in anticipation of the commission's disbandment.

List of commissions appointed under the Moreland Act

Note: This list may not be complete.

+ List of commissions appointed under the Moreland Act Subject Commissioner(s) Date(s) of appointment Governor Citation Insurance Department Matthew C. Fleming August 20, 1907 Charles Evans Hughes Board of Embalming Examiners Owen L. Potter July 17, 1908 Hughes Designs and plans for the a State prison Edward Sandford June 14, 1909 Hughes State Superintendent of Elections for the Metropolitan District William H. Wadhams September 21, 1909 Hughes Forest, Fish and Game Commission; Forest Purchasing Board; Adirondack and Catskill parks Roger P. Clark H. Leroy Austin February 16, 1910 Hughes State Commission in Lunacy; State Prisons and Reformatories; Department of Excise and Highways; Office of Fiscal Supervisor of State Charities William Church Osborn George E. Van Kennen John D. McMahon January 31, 1911 July 24, 1911 (McMahon) John Adams Dix Public Service Commission, First District John Nelson CarlisleMarch 9, 1911 Dix Department of the Health Officer for the Port of New York Charles N. BulgerMay 29, 1911 Dix Admission, maintenance and deportation of alien insane in State hospitals Spencer L. Dawes, M.D. March 16, 1912 Dix State Commission in Lunacy, designated as the State Hospital Commission; Bureau of Deportation; alien insane in the State of New York Spencer L. Dawes, M.D. August 6, 1912 Dix All departments, boards, bureaus or commissions of the State John N. Carlisle John H. Delaney H. Gordon Lynn January 6, 1913 William Sulzer State prisons, reformatories of New York, Superintendent of Prisons George W. Blake March 14, 1913 Sulzer State Commission of Highways, Department of Highways John A. Hennessy March 25, 1913 Sulzer Commissioners of the Palisades Interstate Park John A. Hennessy Henry L. Stoddard Ernest Harvier June 10, 1913 Sulzer Ventilating systems in public schools and other State buildings Charles E.A. Winslow Edward Lee Thorndike James Alexander Miller Frederic S. Lee Earl B. Phelps D.E. Kimball June 25, 1913 Sulzer State prisons, reformatories of New York, convict labor Thomas Mott Osborne 11 other commissioners June 21, 1913 Sulzer All departments, boards, bureaus or commissions of the State John A. Hennessy July 31, 1913 Sulzer Office of the Fiscal Supervisor of State Charities; the State Board of Charities; the Sites, Buildings and Grounds Commission; the Building Improvement Commission; and the Salary Classification Commission Charles H. Strong November 18, 1915 Charles Seymour Whitman Workmen's Compensation Law Administration; Department of Labor Lindsay Rogers January 24, 1928 Al Smith State Harness Racing Commission, and other state agencies in relation to pari-mutuel harness racing Bruce Bromley John F. Brosnan Geroge Trosk George P. Monaghan October 10, 1953 January 1, 1954 (Monaghan) Thomas Dewey Bingo Control Inquiry Thomas B. Gilchrist, Jr. May 16, 1961 Nelson Rockefeller Welfare S. Hazard Gillespie Mrs. Arthur C. Aulisi Kenneth G. Bartlett John A. Coleman, Sr. Manuel Goldman Nelson C. Jackson Gustave L. Levy Baldwin Maull Joseph Monserrat Mrs. James S. Seymour David Sullivan August 30, 1961 January 1, 1963 Rockefeller Alcoholic Beverage Control Law Lawrence E. Walsh William C. Warren Manly Fleischmann February 15, 1963 Rockefeller Nursing homes and residential facilities Morris B. Abram January 10, 1975 Hugh Carey Criminal justice and the use of force; police brutality - 1985 Mario Cuomo Government integrity John D. Feerick (incomplete list) January 15, 1987 M. Cuomo New York utilities' response to Hurricane Sandy Robert Abrams (Co-chair) Benjamin Lawsky (Co-chair) Eight additional commissioners November 13, 2012 Andrew Cuomo Commission to Investigate Public Corruption Kathleen Rice (Co-chair) William J. Fitzpatrick (Co-chair) Milton J. Williams, Jr. (Co-chair) 22 additional members, one Special Counsel, three Special Advisors July 2, 2013 A. Cuomo

References

External links Record of the Moreland Act