S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9605--A

                          I N  A S S E M B L Y

                             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:

  Section  1.  Subdivision  2 of section 3 of 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, as amended by
chapter 766 of the laws of 2005, is amended and a new subdivision  6  is
added to read as follows:
  2. The board of directors of the corporation shall be composed of nine
members.  One  member  shall be the commissioner, who shall serve as the
chair; one member shall be the director of the budget; and seven  public
members  shall  be appointed by the governor with the advice and consent
of the senate. Of the seven public members, two  members,  one  of  whom
shall  be  a  resident  of Roosevelt Island, shall be appointed upon the
recommendation of the mayor of the city;  and  four  additional  members
shall  be  residents  of Roosevelt Island. Each member shall serve for a
term of four years and until  his  or  her  successor  shall  have  been
appointed  and  shall have qualified, except that (a) two of the initial
public members appointed by the governor, one of whom is a  resident  of
Roosevelt  Island,  and  the  Roosevelt Island resident member appointed
upon the recommendation of the mayor of the city shall serve  for  terms
of  two  years  each,  and  (b) the commissioner and the director of the
budget shall serve so long as they continue  to  hold  their  respective
offices.   Any action taken by the directors of the corporation shall be
taken by majority vote of the directors  then  in  office.  The  elected
public officials who represent Roosevelt Island shall be representatives
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

of and attend all meetings of such board but shall not  be  entitled  to
vote.  Failure to give such notice shall not [effect] AFFECT the validi-
ty of any action taken at a meeting of such board.
  6.  (A) THE BOARD OF DIRECTORS SHALL APPOINT A CHIEF EXECUTIVE OFFICER
OF THE CORPORATION.  SUBJECT TO SUBDIVISION 1 OF SECTION 3 OF THE PUBLIC
OFFICERS LAW, ANY INDIVIDUAL, EXCEPT THE DIRECTOR OF THE  BUDGET,  SHALL
BE  ELIGIBLE  TO APPLY FOR THE POSITION.  THE BOARD SHALL DEVELOP ELIGI-
BILITY CRITERIA FOR THE POSITION, AND AN OPEN  AND  TRANSPARENT  PROCESS
FOR SCREENING AND RECOMMENDING ELIGIBLE CANDIDATES FOR APPOINTMENT.
  (B)  THE  CHIEF  EXECUTIVE  OFFICER  SHALL  BE A RESIDENT OF ROOSEVELT
ISLAND OR SHALL BECOME A  RESIDENT  WITHIN  ONE  YEAR  OF  THE  DATE  OF
APPOINTMENT.  FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL BE GROUNDS FOR
AUTOMATIC REMOVAL OF THE SUCCESSFUL CANDIDATE FROM THE  POSITION.    THE
PROVISIONS  OF THIS PARAGRAPH RELATING TO RESIDENCY FOR THE CHIEF EXECU-
TIVE OFFICER MAY BE WAIVED BY THE BOARD OF DIRECTORS PROVIDED  THAT  THE
BOARD  FINDS  THAT THERE ARE EXTRAORDINARY CIRCUMSTANCES WARRANTING SUCH
WAIVER. SUCH WAIVER SHALL BE IN WRITING AND BY A MAJORITY VOTE PRIOR  TO
THE APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER.
  (C) THE BOARD OF DIRECTORS ALSO:
  (I)  SHALL  DETERMINE THE TERM OF OFFICE FOR THE POSITION; AND FIX THE
COMPENSATION TO BE PAID, SUBJECT TO THE  APPROVAL  OF  THE  DIRECTOR  OF
BUDGET;
  (II) SHALL PRESCRIBE THE DUTIES AND RESPONSIBILITIES FOR THE POSITION;
AND
  (III) MAY REMOVE THE CHIEF EXECUTIVE OFFICER FOR INEFFICIENCY, NEGLECT
OF  DUTY  OR MISCONDUCT IN OFFICE, AFTER NOTICE AND AN OPPORTUNITY TO BE
HEARD.
  (D) THE CHIEF EXECUTIVE OFFICER SHALL BE CONSIDERED:
  (I) AN "EMPLOYEE" FOR THE PURPOSES OF SECTION 18 OF THE  PUBLIC  OFFI-
CERS LAW;
  (II) A "STATE OFFICER" FOR THE PURPOSES OF SECTIONS 73 AND 73-A OF THE
PUBLIC OFFICERS LAW; AND
  (III)  AN  "OFFICER OR EMPLOYEE OF A STATE AGENCY" FOR THE PURPOSES OF
SECTION 74 OF THE PUBLIC OFFICERS LAW.
  S 2. This act shall take effect immediately, except that the  term  of
the  current chief executive officer shall end at such time as a succes-
sor chief executive officer is appointed.