S T A T E O F N E W Y O R K
________________________________________________________________________
7114--A
I N S E N A T E
March 29, 2016
___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
to the board of directors of the corporation entitled to receive notice
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14752-03-6
S. 7114--A 2
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.
S 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.