NY State Senate Bill 2015-S7878

Senate Bill S7878

2015-2016 Legislative Session

Relates to authorizing the authorities budget office to suspend local authority board members and executive staff

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 06, 2016	advanced to third reading
Jun 02, 2016	2nd report cal.
Jun 01, 2016	1st report cal.1329
May 19, 2016	referred to corporations, authorities and commissions

Votes

- Jun 1, 2016 - Corporations, Authorities And Commissions Committee Vote
  S7878
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Jun 1, 2016
      
      aye (6)
      
      Amedore
      
      Larkin
      
      Martins
      
      Ortt
      
      Ranzenhofer
      
      Squadron
      
      aye wr (1)
      
      Perkins

2015-S7878 (ACTIVE) - Details

See Assembly Version of this Bill:: A7744
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Add §6-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A3614, A9999
2019-2020: A220

2015-S7878 (ACTIVE) - Summary

Relates to authorizing the authorities budget office to suspend local authority board members and executive staff.

2015-S7878 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7878

 TITLE OF BILL :

An act to amend the public authorities law, in relation to authorizing
the authorities budget office to suspend local authority board members
and executive staff

 PURPOSE OR GENERAL IDEA OF BILL :

To authorize the Authorities Budget Office to suspend local authority
board members and chief executive officers that fail to comply with
Public Authorities Law ("PAL")

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1- authorizes the Authorities Budget Office (ABO) to suspend
local authority board members or chief executive officers that fail to
comply with PAL.

Section 2 - establishes the procedures the ABO must follow in order to
issue a suspension which include notification and an explanation of
the facts and circumstances that led to non-compliance of the PAL.

The notification procedures would include:

*the issuance of a notice of intent to suspend, informing the board
member(s) or CEO that the local authority has 30 days to remedy the
non-compliance; and
*in the event the board member(s) or CEO fails to respond to the
notice, the issuance of a notice of suspension, which shall give the
local authority 180 days to comply prior to suspension.

Section 3 - authorizes the appointing authority, typically a local
municipal official or legislative body, to reinstate a suspended board
member. This section also authorizes the chairperson of a local
authority to reinstate a suspended chief executive officer. In both
instances, the facts and circumstances by how this decision was
reached would be available to the public.

 JUSTIFICATION :

This bill would authorize the ABO to suspend local authority board
members and chief executive officers (CEOs) that fail to comply with
the PAL. Currently, the ABO is only authorized to make recommendations
and issue a public censure letter. This lack of strong enforcement
measures has led some local authorities to ignore certain requirements
of the PAL. By closing this gap in the ABO's enforcement powers, local
authority board members and CEOs could be held directly accountable
for failures to follow the PAL.  Importantly, this bill would require
the suspension process to take place in public and allows for
reinstatement of suspended members or officers.

As of January 20, 2015, 131 local authorities failed to file reports
with the ABO required by the PAL; as of January 20, 2016, 134 local
authorities failed to file. This includes annual reports and audit
reports which are important public documents to assure the public that
a local authority is fulfilling its mission and remains accountable to
the public they serve.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
30 days after enactment into law.

2015-S7878 (ACTIVE) - Bill Text download pdf

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

                                  7878

                            I N  S E N A T E

                              May 19, 2016
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to amend the public authorities law, in relation  to  authorizing
  the authorities budget office to suspend local authority board members
  and executive staff

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 6-a to read as follows:
  S  6-A.  POWER  TO SUSPEND LOCAL AUTHORITY BOARD MEMBERS AND EXECUTIVE
STAFF. 1. THE  AUTHORITIES  BUDGET  OFFICE  SHALL  HAVE  THE  AUTHORITY,
SUBJECT  TO  SUBDIVISION  TWO  OF  THIS  SECTION, TO SUSPEND ONE OR MORE
MEMBERS OF A LOCAL AUTHORITY BOARD OF DIRECTORS, OR THE CHIEF  EXECUTIVE
OFFICER  OR EQUIVALENT POSITION OF A LOCAL AUTHORITY FOR A PERIOD NOT TO
EXCEED NINETY DAYS WHEN SUCH INDIVIDUAL OR INDIVIDUALS  KNOWINGLY  FAILS
OR  NEGLECTS  TO COMPLY WITH ANY PROVISION OF THIS CHAPTER. THE AUTHORI-
TIES BUDGET OFFICE IS AUTHORIZED TO TERMINATE SUCH A SUSPENSION  IF  THE
BOARD  MEMBER OR CHIEF EXECUTIVE OFFICER DEMONSTRATES THAT HE OR SHE HAS
REMEDIED THEIR NON-COMPLIANCE. FOR THE PURPOSES  OF  THIS  SECTION,  THE
"SUSPENSION"  OF  AN  INDIVIDUAL SHALL MEAN THE TEMPORARY REMOVAL OF THE
RIGHTS, RESPONSIBILITIES, POWERS AND  DUTIES  OF  A  PERSON  WHO  IS  AN
APPOINTED BOARD MEMBER OF A LOCAL AUTHORITY OR THE INDIVIDUAL WHO SERVES
AS  CHIEF EXECUTIVE OFFICER THROUGH APPOINTMENT OR CONTRACT.  SHOULD THE
AUTHORITIES BUDGET OFFICE SUSPEND THE  FULL  BOARD  OF  DIRECTORS  OR  A
MAJORITY  OF  CURRENT BOARD MEMBERS THE TERM "SUSPENSION" SHALL MEAN THE
BOARD OF DIRECTORS IS PROHIBITED FROM TAKING ACTIONS, VOTES, OR ADOPTING
RESOLUTIONS, THAT BIND THE BOARD TO FUTURE AGREEMENTS, CONTRACTS, FINAN-
CIAL COMMITMENTS, INDEBTEDNESS, OR OTHER  ACTIONS,  OTHER  THAN  ACTIONS
NECESSARY  TO  RESOLVE  THE  NONCOMPLIANCE  OR SATISFY EXISTING LEGAL OR
ADMINISTRATIVE OBLIGATIONS.
  2. (A) PURSUANT TO POLICIES AND PROCEDURES DEVELOPED BY  THE  AUTHORI-
TIES BUDGET OFFICE AND MADE AVAILABLE ON ITS WEB SITE, WHEN THE AUTHORI-
TIES  BUDGET OFFICE HAS REASON TO BELIEVE THAT ONE OR MORE BOARD MEMBERS

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

                                                           LBD11033-04-6

S. 7878                             2

OF A LOCAL AUTHORITY HAS KNOWINGLY FAILED OR NEGLECTED  TO  COMPLY  WITH
ANY  PROVISION  OF  THIS  CHAPTER,  THE  AUTHORITIES BUDGET OFFICE SHALL
PROVIDE AT LEAST THIRTY DAYS' NOTICE OF ITS INTENT TO  INITIATE  SUSPEN-
SION PROCEEDINGS TO THE CHAIRPERSON OF THE LOCAL AUTHORITY, TO THE INDI-
VIDUAL OR INDIVIDUALS RESPONSIBLE FOR APPOINTING SUCH BOARD MEMBERS, AND
TO  EACH  SUCH BOARD MEMBER. IF THE AUTHORITIES BUDGET OFFICE HAS REASON
TO BELIEVE THAT THE CHIEF EXECUTIVE OFFICER OF  A  LOCAL  AUTHORITY  HAS
KNOWINGLY FAILED OR NEGLECTED TO COMPLY WITH ANY PROVISION OF THIS CHAP-
TER,  THE  AUTHORITIES BUDGET OFFICE SHALL PROVIDE AT LEAST THIRTY DAYS'
NOTICE OF ITS INTENT TO INITIATE SUSPENSION PROCEEDINGS  TO  THE  CHAIR-
PERSON  OF  THE LOCAL AUTHORITY AND TO THE CHIEF EXECUTIVE OFFICER. SUCH
NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO (I)  THE  DATE  AND  A
BRIEF  DESCRIPTION  OF  THE  FACTS AND NATURE OF EACH NON-COMPLIANCE FOR
WHICH SUCH SUSPENSION IS PROPOSED; (II) THE  NUMBER  OF  DAYS  THAT  THE
AUTHORITIES BUDGET OFFICE PROPOSES TO SUSPEND SUCH BOARD MEMBER OR CHIEF
EXECUTIVE  OFFICER;  (III) THE OPTION TO SUBMIT A FORMAL RESPONSE TO THE
AUTHORITIES BUDGET OFFICE WHICH DEMONSTRATES WHY SUCH  BOARD  MEMBER  OR
CHIEF EXECUTIVE OFFICER SHOULD NOT BE SUSPENDED; AND (IV) IF APPLICABLE,
A  PERIOD OF TIME IN WHICH SUCH LOCAL AUTHORITY OR BOARD MEMBER OR CHIEF
EXECUTIVE OFFICER MAY REMEDY THE NON-COMPLIANCE.
  (B) IF, AFTER THE EXPIRATION OF THE DEADLINE SET FORTH IN  THE  NOTICE
OF  INTENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF THIS SUBDI-
VISION, THE BOARD MEMBER OR MEMBERS OR CHIEF EXECUTIVE OFFICER, WHICHEV-
ER IS APPLICABLE, HAS NOT RESPONDED TO THE NOTICE OR  HAS  NOT  REMEDIED
THE NON-COMPLIANCE TO THE SATISFACTION OF THE AUTHORITIES BUDGET OFFICE,
THE  AUTHORITIES  BUDGET  OFFICE  SHALL ISSUE TO THE NON-COMPLIANT BOARD
MEMBER OR MEMBERS OR CHIEF EXECUTIVE  OFFICER  A  NOTICE  OF  SUSPENSION
WHICH  SHALL INCLUDE: (I) THE NUMBER OF DAYS OF SUSPENSION; AND (II) THE
DATE THAT SUCH SUSPENSION SHALL COMMENCE, WHICH DATE SHALL BE  AT  LEAST
ONE  HUNDRED  EIGHTY DAYS FROM THE DATE OF THE ISSUANCE OF THE NOTICE OF
SUSPENSION.
  3.(A) WHENEVER THE AUTHORITIES BUDGET OFFICE HAS SUSPENDED ONE OR MORE
BOARD MEMBERS OF A LOCAL AUTHORITY, THE INDIVIDUAL  OR  INDIVIDUALS  WHO
APPOINTED  THOSE  BOARD  MEMBERS  MAY ACT TO REINSTATE A SUSPENDED BOARD
MEMBER. IF THE APPOINTING AUTHORITY IS A LEGISLATIVE BODY OR A MEMBER OF
THE LEGISLATIVE BODY, ANY ACTION TO REINSTATE A SUSPENDED  BOARD  MEMBER
SHALL  OCCUR  IN A PUBLIC MEETING OF SUCH BODY AND FOLLOWING AN OPPORTU-
NITY FOR THE PUBLIC TO COMMENT. SUCH ACTION SHALL BE DEEMED  VALID  UPON
PASSAGE  OF  A  WRITTEN  RESOLUTION  OF  REINSTATEMENT BY A MAJORITY AND
RECORDED VOTE OF THE LEGISLATIVE BODY. SUCH  RESOLUTION  SHALL  DESCRIBE
THE FACTS AND CIRCUMSTANCES BY HOW THE LEGISLATIVE BODY HAS REACHED THIS
DETERMINATION.  IF THE APPOINTING AUTHORITY IS THE CHIEF EXECUTIVE OFFI-
CIAL OF THE MUNICIPALITY FOR  WHOSE  BENEFIT  THE  LOCAL  AUTHORITY  WAS
CREATED,  ANY  ACTION  TO  REINSTATE  A  SUSPENDED BOARD MEMBER SHALL BE
THROUGH AN OFFICIAL ACT OF THE CHIEF EXECUTIVE OFFICIAL. SUCH ACT  SHALL
BE RECORDED IN WRITING AND SHALL DESCRIBE THE FACTS AND CIRCUMSTANCES BY
WHICH THE CHIEF EXECUTIVE OFFICIAL REACHED THIS DETERMINATION.
  (B)  WHENEVER  THE  AUTHORITIES  BUDGET OFFICE HAS SUSPENDED THE CHIEF
EXECUTIVE OFFICER OF A LOCAL AUTHORITY, THE CHAIRPERSON  OF  SUCH  LOCAL
AUTHORITY MAY INITIATE ACTION TO REINSTATE THE SUSPENDED CHIEF EXECUTIVE
OFFICER.  ANY  ACTION  TO  REINSTATE A SUSPENDED CHIEF EXECUTIVE OFFICER
SHALL OCCUR IN A PUBLIC MEETING OF THE BOARD OF DIRECTORS AND  FOLLOWING
AN  OPPORTUNITY  FOR  THE PUBLIC TO COMMENT. SUCH ACTION SHALL BE DEEMED
VALID UPON PASSAGE OF A WRITTEN RESOLUTION OF REINSTATEMENT BY A MAJORI-
TY AND RECORDED VOTE OF THE CURRENT BOARD OF DIRECTORS. SUCH  RESOLUTION

S. 7878                             3

SHALL DESCRIBE THE FACTS AND CIRCUMSTANCES BY HOW THE BOARD OF DIRECTORS
REACHED THIS DETERMINATION.
  (C)  FOR  THE PURPOSES OF THIS SECTION, "REINSTATEMENT" SHALL MEAN THE
RESTORATION OF THE RIGHTS, RESPONSIBILITIES,  POWERS  AND  DUTIES  OF  A
BOARD MEMBER OR CHIEF EXECUTIVE OFFICER OF A LOCAL AUTHORITY.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.