The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  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.