NY State Senate Bill 2015-S7114A

Senate Bill S7114A

2015-2016 Legislative Session

Relates to the office of chief executive officer of the Roosevelt Island operating corporation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2016	print number 7114a
May 26, 2016	amend and recommit to corporations, authorities and commissions
Mar 29, 2016	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2015-S7114 - Details

See Assembly Version of this Bill:: A9605
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Benefit Corporations
Laws Affected:: Amd §3, Chap 899 of 1984
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3109, A5481
2019-2020: S1427, A7021
2021-2022: S7621, A2550

2015-S7114 - Summary

Relates to the office of chief executive officer of the Roosevelt Island operating corporation.

2015-S7114 - Sponsor Memo

                                 BILL NUMBER:  S7114

 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 6 months
of appointment;

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. Presently, there is neither residency requirement for all
RIOC board directors 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
residency 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.

2015-S7114 - Bill Text download pdf

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

                                  7114

                            I N  S E N A T E

                             March 29, 2016
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed 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:

  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
of and attend all meetings of such board but shall not  be  entitled  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14752-01-6

S. 7114                             2

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  SIX  MONTHS  OF  THE  DATE  OF
APPOINTMENT.  FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL BE GROUNDS FOR
AUTOMATIC REMOVAL OF THE SUCCESSFUL CANDIDATE FROM THE POSITION.
  (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.

2015-S7114A (ACTIVE) - Details

See Assembly Version of this Bill:: A9605
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Benefit Corporations
Laws Affected:: Amd §3, Chap 899 of 1984
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3109, A5481
2019-2020: S1427, A7021
2021-2022: S7621, A2550

2015-S7114A (ACTIVE) - Summary

Relates to the office of chief executive officer of the Roosevelt Island operating corporation.

2015-S7114A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7114A

 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 6 months
of appointment;

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. Presently, there is neither residency requirement for all
RIOC board directors 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
residency 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.

2015-S7114A (ACTIVE) - Bill Text download pdf

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

                                 7114--A

                            I N  S E N A T E

                             March 29, 2016
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed 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.

                                                           LBD14752-03-6

S. 7114--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.

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