NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9605A
SPONSOR: Seawright TITLE OF BILL:
An act to amend chapter 899 of the laws of 1984, relating to the
creation of a public benefit corporation to plan, develop, operate,
maintain and manage Roosevelt Island, in relation to the office of chief
executive officer of the Roosevelt Island operating corporation
PURPOSE OR GENERAL IDEA OF BILL:
To establish the position of chief executive officer of the Roosevelt
Island operating corporation, and the requirements for such position.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill makes a technical amendment, and provides the
following:
1. The board shall appoint a chief executive officer of RIOC, who must
be a resident of Roosevelt Island or become a resident within one year
of appointment unless the board waives this requirement due to extraor-
dinary circumstances;
2. The board shall determine the term of office, fix the compensation
and prescribe the duties for the position; and
3. The CEO must comply with, and be subject to, certain rules that apply
to public officers.
Section two provides that this act shall take effect immediately, except
that the term of the current chief executive officer shall end at such
time as a successor chief executive officer is appointed.
JUSTIFICATION:
Roosevelt Island Operating Corporation (RIOC) was created in 1984 to
manage Roosevelt Island, oversee its continued development through the
Master Plan and allocate state capital funding and operational support.
The directors of RIOC board are not elected but rather appointed, Pres-
ently, there is neither residency requirement for all RIOC board direc-
tors nor for the President/Chief Executive Officer. The President/CEO
is primarily responsible for operations of daily life on Roosevelt
Island. There has never been a RI resident appointed to this position
but rather only persons who reside outside the community once appointed,
the President/CEO has never moved into the community.
This bill provides a step toward self-governance for Roosevelt Island
residents by requiring the next newly appointed CEO to be a resident or
become a resident within six months of his/her appointment. This resi-
dency requirement will ensure the CEO is a member of the community.
This bill would make the next CEO more accountable to the residents
he/she will serve. The RIOC Board of Directors will appoint the CEO,
determine the term of office, fix the compensation to be paid, prescribe
the duties and responsibilities and may remove him/her for cause. This
bill requires greater transparency because the next CEO will be subject
to the Public Officers Law including financial disclosures and a Code of
Conduct.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
Minimal
EFFECTIVE DATE:
Immediately, except that the term of the current chief executive officer
shall end at such time as a successor chief executive officer is
appointed.
STATE OF NEW YORK
________________________________________________________________________
9605--A
IN ASSEMBLY
March 22, 2016
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend chapter 899 of the laws of 1984, relating to the
creation of a public benefit corporation to plan, develop, operate,
maintain and manage Roosevelt Island, in relation to the office of
chief executive officer of the Roosevelt Island operating corporation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 3 of chapter 899 of the laws of
2 1984, relating to the creation of a public benefit corporation to plan,
3 develop, operate, maintain and manage Roosevelt Island, as amended by
4 chapter 766 of the laws of 2005, is amended and a new subdivision 6 is
5 added to read as follows:
6 2. The board of directors of the corporation shall be composed of nine
7 members. One member shall be the commissioner, who shall serve as the
8 chair; one member shall be the director of the budget; and seven public
9 members shall be appointed by the governor with the advice and consent
10 of the senate. Of the seven public members, two members, one of whom
11 shall be a resident of Roosevelt Island, shall be appointed upon the
12 recommendation of the mayor of the city; and four additional members
13 shall be residents of Roosevelt Island. Each member shall serve for a
14 term of four years and until his or her successor shall have been
15 appointed and shall have qualified, except that (a) two of the initial
16 public members appointed by the governor, one of whom is a resident of
17 Roosevelt Island, and the Roosevelt Island resident member appointed
18 upon the recommendation of the mayor of the city shall serve for terms
19 of two years each, and (b) the commissioner and the director of the
20 budget shall serve so long as they continue to hold their respective
21 offices. Any action taken by the directors of the corporation shall be
22 taken by majority vote of the directors then in office. The elected
23 public officials who represent Roosevelt Island shall be representatives
24 to the board of directors of the corporation entitled to receive notice
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14752-02-6
A. 9605--A 2
1 of and attend all meetings of such board but shall not be entitled to
2 vote. Failure to give such notice shall not [effect] affect the validi-
3 ty of any action taken at a meeting of such board.
4 6. (a) The board of directors shall appoint a chief executive officer
5 of the corporation. Subject to subdivision 1 of section 3 of the public
6 officers law, any individual, except the director of the budget, shall
7 be eligible to apply for the position. The board shall develop eligi-
8 bility criteria for the position, and an open and transparent process
9 for screening and recommending eligible candidates for appointment.
10 (b) The chief executive officer shall be a resident of Roosevelt
11 Island or shall become a resident within one year of the date of
12 appointment. Failure to comply with this paragraph shall be grounds for
13 automatic removal of the successful candidate from the position. The
14 provisions of this paragraph relating to residency for the chief execu-
15 tive officer may be waived by the board of directors provided that the
16 board finds that there are extraordinary circumstances warranting such
17 waiver. Such waiver shall be in writing and by a majority vote prior to
18 the appointment of the chief executive officer.
19 (c) The board of directors also:
20 (i) shall determine the term of office for the position; and fix the
21 compensation to be paid, subject to the approval of the director of
22 budget;
23 (ii) shall prescribe the duties and responsibilities for the position;
24 and
25 (iii) may remove the chief executive officer for inefficiency, neglect
26 of duty or misconduct in office, after notice and an opportunity to be
27 heard.
28 (d) The chief executive officer shall be considered:
29 (i) an "employee" for the purposes of section 18 of the public offi-
30 cers law;
31 (ii) a "state officer" for the purposes of sections 73 and 73-a of the
32 public officers law; and
33 (iii) an "officer or employee of a state agency" for the purposes of
34 section 74 of the public officers law.
35 § 2. This act shall take effect immediately, except that the term of
36 the current chief executive officer shall end at such time as a succes-
37 sor chief executive officer is appointed.
