STATE OF NEW YORK
________________________________________________________________________
7021
2019-2020 Regular Sessions
IN ASSEMBLY
April 3, 2019
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on Corporations, Authorities and Commissions
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01914-01-9
A. 7021 2
1 to the board of directors of the corporation entitled to receive notice
2 of and attend all meetings of such board but shall not be entitled to
3 vote. Failure to give such notice shall not [effect] affect the validi-
4 ty of any action taken at a meeting of such board.
5 6. (a) The board of directors shall appoint a chief executive officer
6 of the corporation. Subject to subdivision 1 of section 3 of the public
7 officers law, any individual, except the director of the budget, shall
8 be eligible to apply for the position. The board shall develop eligi-
9 bility criteria for the position, and an open and transparent process
10 for screening and recommending eligible candidates for appointment.
11 (b) The chief executive officer shall be a resident of Roosevelt
12 Island or shall become a resident within one year of the date of
13 appointment. Failure to comply with this paragraph shall be grounds for
14 automatic removal of the successful candidate from the position. The
15 provisions of this paragraph relating to residency for the chief execu-
16 tive officer may be waived by the board of directors provided that the
17 board finds that there are extraordinary circumstances warranting such
18 waiver. Such waiver shall be in writing and by a majority vote prior to
19 the appointment of the chief executive officer.
20 (c) The board of directors also:
21 (i) shall determine the term of office for the position; and fix the
22 compensation to be paid, subject to the approval of the director of
23 budget;
24 (ii) shall prescribe the duties and responsibilities for the position;
25 and
26 (iii) may remove the chief executive officer for inefficiency, neglect
27 of duty or misconduct in office, after notice and an opportunity to be
28 heard.
29 (d) The chief executive officer shall be considered:
30 (i) an "employee" for the purposes of section 18 of the public offi-
31 cers law;
32 (ii) a "state officer" for the purposes of sections 73 and 73-a of the
33 public officers law; and
34 (iii) an "officer or employee of a state agency" for the purposes of
35 section 74 of the public officers law.
36 § 2. This act shall take effect immediately, except that the term of
37 the current chief executive officer shall end at such time as a succes-
38 sor chief executive officer is appointed.