S T A T E   O F   N E W   Y O R K
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                                   5481
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M.  of A. SEAWRIGHT, HARRIS -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01123-01-7

 A. 5481                             2
 
 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
 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.
   § 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.