S T A T E O F N E W Y O R K
________________________________________________________________________
2088
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
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.
LBD02713-01-3
A. 2088 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. 2088 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.
A. 2088 4
§ 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, 2033.