Tuesday, November 22, 2022

NY Governor Kathy Hochul Vetoes Roosevelt Island Legislation To Require RIOC Board Members Who Move Away To Resign, Fill Vacant Board Seats Within 60 Days And Post All Job Vacancies On RIOC Website

As previously reported:

On January 10, 2022,  Roosevelt Island's NY State Assembly Member Rebecca Seawright and State Senator Jose Serrano introduced legislation

... to amend the public authorities law, in relation to requiring certain directors of the Roosevelt Island Operating Corporation to be residents of Roosevelt Island and to require the appointment of certain vacant board positions within sixty days...

 ... The provisions of this bill would: 

  • Clarify the residency requirement for certain public appointments to the board of directors of the Roosevelt Island Operating Corporation and stipulate for their immediate resignation from the board upon termination of such residency; 
  • Provide for the appointment of a successor within 60 days when a board vacancy occurs within an unexpired term; 
  • Require the posting of job vacancies on the corporation's website; and, *Provide that this act shall take effect immediately....

Earlier today, I asked Governor Kathy Hochul's office:

I understand that Governor Hochul vetoed legislation regarding the Roosevelt Island Operating Corp (RIOC) Board of Directors residency requirements and appointments.

Is that true?

Any comment on the reason for the veto of this legislation which was sponsored by Roosevelt Island’s State Assembly Member Rebecca Seawright and State Senator Jose Serrano?

Also, there are currently several vacant and expired seats on the Rioc Board of Directors. Any comment when nominees will be appointed to these seats?

Governor Hochul's spokesperson replied:

Re: RIOC’s board, the Governor is committed to filling board vacancies. 
and provided the Governor's veto message to the State Senate on the Roosevelt Island legislation:

TO THE SENATE:

I am returning herewith, without my approval, the following bill:

Senate Bill Number 7622-A, entitled: "AN ACT to amend the public authorities law, in relation to requiring certain directors of the Roosevelt Island operating corporation to be residents of Roosevelt Island and to require the appointment of certain vacant board positions within sixty days"

NOT APPROVED

This bill would require a director who is appointed to a seat on the Roosevelt Island Operating Corporation ("RIOC") board of directors on the basis of residency to resign immediately when no longer a resident of Roosevelt Island. The bill would require the Governor to fill any vacancy among the gubernatorial seats on the RIOC board within sixty days of the vacancy occurring, regardless of the reason for the vacancy. The bill also would require that RIOC post all corporation employment vacancies publicly and to its website.

My administration is committed to good government that is responsive to the needs of communities served by the State's agencies and authorities. This legislation presents significant obstacles towards achieving that goal and presents risks to the effective administration of RIOC.

First, this legislation is unnecessary to ensure local representation on the board. Under current law five of the seven gubernatorial appointees to the board must be residents of Roosevelt Island. The large representation of residents on the board ensures continued local representation. Additionally, if a member appointed on the basis of their residency on Roosevelt Island moves away during their four-year tenure, they cannot be reappointed on that basis and could only be replaced by an island resident (unless the five-member resident requirement has been otherwise met).

Second, this legislation presents operational challenges to RIOC to the detriment of the community and the board. To require that a RIOC resident board member resign immediately upon moving would create vacancies, could compel effective directors to resign prematurely, and may disrupt the board's orderly management of its business affairs. Given the time needed to identify qualified candidates in the event of unanticipated vacancies, mandating a new director be appointed within sixty days in the event of any vacancy, regardless of cause, is impractical and could prevent well-qualified candidates from completing the nomi- nation and confirmation processes.

Finally, the requirement that RIOC post all corporation employment vacancies on its website is impractical as it makes no exceptions for practical or legal reasons, such as urgently needed positions or positions that may be subject to the terms of collective bargaining agreements which are subject to separate hiring processes.

For these reasons, I am constrained to veto this bill.

The bill is disapproved.

(signed) KATHY HOCHUL

Asked to comment on Governor Hochul's veto of her legislation, 

Ms Seawright speaking with Governor Hochul at the November 9,2021 Women In Service Veterans Day Tribute in Central Park)
Roosevelt Island NY State Assembly Member Rebecca Seawright replied:

We will persist in our vigorous efforts, working with longtime residents, on the issue of representation on the Roosevelt Island Operating Corporation (RIOC) governing board. We must bring greater accountability and transparency to the board, which serves more than 12,000 residents. While we continue to believe that accomplishing this progress in statute is the appropriate course, we will forge ahead to achieve the best composition of the board and recommend only Roosevelt Island residents for appointments by the governor and mayor.

UPDATE 11/23 - Governor Hochul also vetoed legislation that would have required residents representation on the Battery Park City Authority.

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