S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3869
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06651-01-7

 A. 3869                             2
 
 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.
   (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.
   § 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.

 A. 3869                             3
 
   § 4. State monitor duties. The state monitor shall have the  following
 duties:
   (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.
   § 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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   §  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.
   § 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.
   §  8.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2026.