S T A T E   O F   N E W   Y O R K
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                                  10743

                          I N  A S S E M B L Y

                              July 6, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
  read once and referred to the Committee on Ways and Means

AN ACT authorizing the comptroller to appoint a state monitor to oversee
  the town of Oyster Bay and establishing the powers and duties  of  the
  state  monitor;  and  providing for the repeal of such provisions upon
  expiration thereof

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

  Section 1. Definitions. For the purposes of this act:
  (a)  "State  monitor"  or  "monitor"  shall  mean the person appointed
pursuant to section two of this act, or an interim person  appointed  to
such position.
  (b) "Board" shall mean the town board of the town of Oyster Bay.
  (c) "Supervisor" shall mean the supervisor of the town of Oyster Bay.
  S 2. Appointment. (a) The comptroller shall appoint a state monitor to
provide direct oversight of the fiscal policies, practices, programs and
decisions  of the town of Oyster Bay, the town board and the supervisor,
within ninety days following the effective date of this act.  The  comp-
troller  shall provide the monitor with technical support and assistance
for the purposes of carrying out his or her duties under  this  act,  if
requested  by  the  state  monitor. The state monitor shall serve at the
pleasure of the comptroller.
  (b) The comptroller shall have the authority to appoint a state  moni-
tor  on  an  interim basis during the search for a permanent appointment
and in the event of resignation, death, incapacity, or any other  reason
which  causes  the monitor to be unable to perform his or her duties and
until such time as a permanent state monitor  is  appointed.  Any  state
monitor  appointed  on an interim basis shall have the powers and duties
of the state monitor contained in this act.
  (c) The state monitor, including his or her staff,  shall  be  paid  a
fixed  salary  set by the comptroller and shall be reimbursed for actual
expenses incurred in the performance of  his  or  her  duties  including
travel  and  supplies.  The  costs associated with the implementation of
this act shall be borne by the town of Oyster Bay.

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

                                                           LBD15905-01-6

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  (d) Notwithstanding any other provision of general or special law, the
earnings limitations contained in any such general or special law, local
law and/or charter and applicable to the  employment  of  persons  in  a
position  or  positions  in  public  service  in any calendar year while
retired  and  receiving  a  retirement  allowance shall not apply to any
appointment authorized by this act. If applicable, the state monitor may
continue as retired and without loss, suspension or diminution of his or
her retirement allowance provided that  such  individual  is  granted  a
waiver of retirement earnings limitation by the comptroller.
  (e)  For  the  purposes  of this act, the state monitor and his or her
staff shall be considered state employees as defined in the public offi-
cers law.
  S 3. State monitor powers. The state monitor shall have the power to:
  (a) Propose a resolution or course of action to be considered  by  the
town board or supervisor if the state monitor finds that such resolution
or course of action is necessary in order to carry out his or her duties
required  by  this  act and is necessary for the fiscal stability of the
town. If such resolution or course of action is proposed, the board must
vote on the proposed resolution or course of action within fourteen days
of receiving such resolution, or at the next regularly  scheduled  board
meeting.
  (b)  Review  and  make  recommendations  on the operation, management,
efficiency and productivity of the relevant municipality and any subsid-
iary organization.
  (c) Issue bonds.
  (d) Consult with the locality during  the  budget-making  process  and
make  recommendations.   The monitor shall have the authority to approve
or reject budgets and required multi-year financial plans.
  (e) Comment on  the  proposed  borrowings  and  collective  bargaining
agreements.
  (f)  Override  decisions by the board or supervisor if he or she finds
that such override is necessary in order to carry out his or her  duties
required  by  this  act and is necessary for the fiscal stability of the
town. The state monitor may override a decision by the board or supervi-
sor by issuing a directive, which must include specific findings  as  to
the necessity of such override. The board may appeal the state monitor's
override in accordance with section five of this act.
  (g)  Access  all  town  documents  and  records.  Town personnel shall
provide any and all documents requested by the state monitor or  his  or
her  designee without charge, and the state monitor shall have access to
all electronic information systems, databases, and  planning  documents.
The  monitor  shall  maintain  the  security  and confidentiality of all
information protected from disclosure by federal or state law  or  regu-
lation.
  (h)  Direct the board and supervisor to undergo any training as deemed
necessary and pursuant to timelines established by the state monitor.
  (i) Hire staff necessary to assist in carrying out the state monitor's
duties required by this act, subject to a staffing plan approved by  the
comptroller.
  (j) Hold public hearings or forums on town fiscal matters as he or she
deems necessary.
  (k)  Conduct any relevant studies, reports, and reviews of town fiscal
matters.
  S 4. State monitor duties. The state monitor shall have the  following
duties:

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  (a)  Develop  and  implement  a five-year strategic fiscal improvement
plan in consultation with the  comptroller  and  the  board  within  six
months from the date of appointment.
  1. The monitor shall hold at least one public hearing within the town,
prior  to  the  certification  of the plan by the state monitor, for the
purpose of presenting the contents of the improvement plan  and  seeking
public  comment on its contents. The supervisor shall ensure that notice
for the public hearing or hearings are posted in a  manner  to  maximize
the participation of residents.
  2.  The plan must establish a set of goals with appropriate benchmarks
and measurable objectives and identify strategies to address areas where
improvements are needed in financial stability.
  3. The plan shall be publicly available at least fourteen days  before
the hearing or hearings at which it will be presented and the supervisor
shall  ensure  that copies thereof shall be prepared and made available,
upon request, to residents within the town.
  4. Following the hearing or hearings held pursuant to paragraph one of
this subdivision, but prior to certification of the improvement plan  by
the  state monitor, the state monitor shall publicly report to the board
an assessment of all public comments concerning the proposed plan and  a
description  of  any  changes  made  to  such plan as a result of public
comments received. The certified plan must be submitted  to  the  board,
comptroller,  governor,  the  temporary president of the senate, and the
speaker of the assembly.
  (b) Attend all meetings of the  board  including  executive  sessions.
The  state  monitor, or designee of the monitor, shall be deemed to be a
non-voting member of the board and shall be entitled to sit  with  board
members  at all meetings of the board and participate in all board hear-
ings and meetings, and the  supervisor  shall  be  required  to  provide
adequate  notice to the state monitor of all such meetings and hearings.
The state monitor shall ensure to the extent practicable that the  board
conducts  all meetings, including executive sessions, in compliance with
article 7 of the public officers law, and shall be  authorized  to  seek
written advisory opinions from the committee on open government.
  (c)  Supervise  the  fiscal  and  operational  management of the town,
including, but not limited to, oversight over  the  development  of  the
annual budget.
  (d)  Submit  an annual report to the board, comptroller, governor, the
temporary president of the senate, and the speaker of  the  assembly  on
the progress of the strategic fiscal improvement plan, actions undertak-
en by the monitor, any financial information the monitor deems appropri-
ate,  and  other  town matters of importance.   At the conclusion of the
monitor's appointment as determined by section seven of  this  act,  the
state  monitor shall issue a final report that includes long term recom-
mendations that address the unique needs of the town.
  S 5. Appeal process for monitor decisions. Notwithstanding  any  other
law, rule or regulation to the contrary, all decisions made by the state
monitor,  including  decisions to overturn board and supervisor actions,
shall be final and conclusive unless and until modified or  reversed  in
an  appeal  to  the comptroller pursuant to this section. When the board
alleges that a reversal of a board or supervisor decision by  the  state
monitor  violates  the regulations of the comptroller, or the terms of a
certified five-year strategic fiscal improvement  plan,  the  board  may
appeal by petition to the comptroller.

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  S  6.  Regulations.  The comptroller shall be authorized to promulgate
regulations and immediately take such  other  actions  as  necessary  to
implement the provisions of this act.
  S 7. Appointment period. The appointment of the state monitor shall be
for  a  period of at least five years from the initial date of the state
monitor appointment. At the expiration of the initial appointment  peri-
od,  the  comptroller shall have the authority to extend the appointment
for an additional period of time in intervals of one to five  years,  as
determined  by  the  comptroller. The appointment may be extended, for a
term or terms as the comptroller deems necessary,  consistent  with  the
repeal date of this act.
  S  8.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2025.