NY State Senate Bill 2017-S3109

Senate Bill S3109

2017-2018 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
Jan 03, 2018	referred to corporations, authorities and commissions
Jan 19, 2017	referred to corporations, authorities and commissions

2017-S3109 (ACTIVE) - Details

See Assembly Version of this Bill:: A5481
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:: 2015-2016: S7114, A9605
2019-2020: S1427, A7021
2021-2022: S7621, A2550

2017-S3109 (ACTIVE) - Summary

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

2017-S3109 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3109

 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 :

2016: S7114A- Amended & Referred to Corporations, Authorities &
Commissions

 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.

2017-S3109 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3109
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01123-01-7

 S. 3109                             2
 
 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
 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.

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