N.Y. General Municipal Law § 34: Powers and duties of examiners

§ 34. Powers and duties of examiners. 1. The comptroller and each

examiner of municipal affairs shall have power to examine into the

financial affairs of every such municipal corporation, industrial

development agency, district, agency, activity, any fire company as

defined in section two hundred four-a of this chapter, and any other

organization, except a statewide association of local governments or

local government officials, that is controlled by one or more of any

such municipal corporations, industrial development agencies, districts

or agencies. An organization shall be deemed under the control of one or

more municipal corporations, industrial development agencies, districts

or agencies when one or more individuals who serve as officers or

employees of any such municipal corporation, industrial development

agency, district or agency: (a) select either a majority of the

organization's highest policy-making body or the organization's chief

executive officer; (b) constitute a majority of the voting strength that

selects either a majority of the organization's highest policy-making

body or the organization's chief executive officer; or (c) serve as: (i)

a majority of the organization's highest policy-making body; (ii) in his

or her official capacity, the organization's chief executive officer; or

(iii) in his or her official capacity, a partner in the organization. An

organization under the control of one or more municipal corporations,

industrial development agencies, districts or agencies shall also

include any other organization that is controlled by such organization.

2. In connection with any examination authorized by subdivision one of

this section, the comptroller and each examiner of municipal affairs

shall have power to administer an oath to any person whose testimony may

be required, and to compel the appearance and attendance of such person

for the purpose of any such examination and investigation, and the

production of books and papers. In the case of a municipal corporation,

industrial development agency, or school district, no such person shall

be compelled to appear or be examined elsewhere than within such

municipal corporation, industrial development agency, or school

district. In the case of any district other than a school district, no

such person may be compelled to appear or be examined elsewhere than

within the town or one of the towns in which such district or portion

thereof is located. In the case of an urban renewal agency, no such

person shall be compelled to appear or be examined outside the municipal

corporation wherein such agency is established. In the case of a fire

company, no such person shall be compelled to appear or be examined

outside the area served by the company. In the case of an activity, no

such person shall be compelled to appear outside the area served by the

activity. In the case of an organization under the control of one or

more municipal corporations, industrial development agencies, districts

or agencies, no such person shall be compelled to appear or to be

examined outside the county in which the organization has its principal

headquarters. Willful false swearing in such examination shall be

perjury and shall be punishable as such.

3. For purposes of this section, the term "a majority of the

organization's highest policy-making body" shall mean a majority of the

whole number of positions comprising such body, provided, however, that

if the documents establishing the organization's internal governance

allow such body to act by a majority of a quorum, then such term shall

mean a majority of the quorum.