Update On Who Is In Charge Of Dysfunctional Roosevelt Island Operating Corp Management - RIOC President On Leave For 2 Months, Designates General Counsel To Be In Charge Of Roosevelt Island, Both Suing NY State Officials For Racial Discrimination - Does RIOC Board Approve, Does It Matter?

As reported September 16, Roosevelt Island Operating Corp (RIOC) President Shelton Haynes 

and General Counsel Gretchen Robinson:

... filed a racial discrimination lawsuit in the Southern District Of NY against members of NY State Governor Kathy Hochul's Executive Chamber as well as the Commissioner, General Counsel and Deputy Counsel of the NY State Division of Homes and Community Renewal.

Though not named as defendants in the lawsuit, Mr Haynes and Ms Robinson claim in their lawsuit that NY State Senator Liz Krueger, NY State Assembly Member Rebecca Seawright and Roosevelt Island Daily publisher David Stone contributed to a "racist backlash" against them.

The lawsuit also claims that Mr Haynes and Ms Robinson were excluded from the appointment process of 3 new RIOC Board Members in an attempt to undermine their authority and "ability to discharge their job functions." Haynes and Robinson claim the 3 new RIOC board members are antagonistic to them.

According to the Haynes/Robinson lawsuit:

This is a case about how the Executive Chamber for the Office of the Governor of New York (the “Chamber”) and the Roosevelt Island Operating Corporation (“RIOC”) have unfairly subjected Shelton J. Haynes and Gretchen K. Robinson (“Robinson,” and together with Haynes, the “Plaintiffs”), two African American executives, to continuous and pervasive discrimination by, including but not limited to, subjecting Haynes and Robinson to frequent unwarranted investigations by the New York State Inspector General (“NYSIG”) as well as ordering an independent investigation by an outside counsel – something not done for other, more serious allegations – based entirely on specious allegations of wrongdoing. The Chamber did so while simultaneously thwarting Haynes’s and Robinson’s efforts to fight back against the discrimination and defend themselves and RIOC against a multitude of defamatory statements made by a local blogger and a group of disgruntled former employees....

Read the full Haynes/Robinson lawsuit here.

On October 5, I asked RIOC President Shelton Haynes, General Counsel Gretchen Robinson and RIOC Board Directors:

I am preparing a follow up to October 2 Roosevelt Islander Online article asking:

Who's In Charge Of Dysfunctional Roosevelt Island Operating Corp? RIOC President Shelton Haynes Tells RIOC Board Directors Not To Communicate With Staff And Staff Not To Talk With RIOC Board Directors

and following up on the September 27 and September 12 email inquiries below seeking comment regarding the:

• Haynes/Robinson racial discrimination lawsuit and
  
• Who's currently in charge of RIOC
  

Is Shelton Haynes still on Extended Leave from his position as RIOC President as described in Sept 14 RIOC Board meeting by Gretchen Robinson? If he is still on Extended Leave, who is the Acting President? Does the RIOC Board need to appoint  an Acting President or can it be done without formal RIOC Board approval?

In addition,why are RIOC Directors not allowed to speak with RIOC staff and RIOC Staff not allowed to speak with RIOC Directors. This has not been the policy under prior RIOC Presidents?

These are important issues of concern to the Roosevelt Island community. Answers from RIOC Board Members, Mr Haynes and Ms Robinson would be greatly appreciated.

On October 8, RIOC Board Director Ben Fhala answered:

I'd like to acknowledge receipt of your email.

Our board chair, RuthAnne Visnauskas, has instructed the RIOC executive team to prepare answers for review by the board and for the chair to respond. Please allow them sufficient time to work on a thorough response.

I followed up a few minutes later:

Thank you for the acknowledgment. 

Can you provide an estimate of what a sufficient time for the response is?

Mr Fhala replied last evening, October 11:

I have not received any communication from the executive team regarding the feedback requested by the chair.

Furthermore, I was  informed (not in writing) that Shelton has extended his medical leave. Aida made a statement to Lydia and me, which left us in some confusion, and we are currently awaiting clarification from the executive team. As a measure of caution, I believe it's best to allow the team more time to address our questions and yours, ultimately enabling the board to convey a unified message.

In addition, I want to note that I initially overlooked a message sent by Shelton on September 6th titled "RIOC Update" due to its subject. In that message, Shelton mentioned:

" ...through October 6th, with the possibility of extending it as needed.

... I am thrilled to announce that Gretchen Robinson, our Vice President & General Counsel, will be stepping up to act on my behalf."

This is the official communication as far as I'm aware that informed the staff regarding this matter. I'm aware that multiple team members have been confused or unaware prior to the last board meeting. Nevertheless, I eagerly await official updates from the executive team to hopefully clarify things.

Aida is Aida Morales,  Mr Haynes assistant and Lydia is Lydia Tang who was appointed to the RIOC Board on June 7, 2023 at the same time as Mr Fhala and Dr Michal Melamed.  

 

Mr Fhala had previously reported that RIOC:

... executive team has instructed staff to "ignore" communications from new Resident board members, a directive officially confirmed on 08/31 by Aida Morales....

10 minutes after receiving Mr Fhala's response, RIOC Communications Director Bryant Daniels replied:

Thank you for your inquiry. President Haynes notified the RIOC Board and staff in late August of his approved leave. He is set to return to the office in late October. In his absence, Vice President and General Counsel Gretchen Robinson will be temporarily in charge with the full support of the Board.

Please note that RIOC does not comment on matters of pending litigation.

This morning, I asked RIOC Board Members, RIOC President Shelton Haynes and General Counsel Gretchen Robinson:

In reply to my inquiry, last evening, RIOC Communications Director Bryant Daniels reported that RIOC President Shelton Haynes is on leave until the end of October and General Counsel Gretchen Robinson is temporarily in charge of RIOC with the full support of the Board....

... I followed up asking Mr Bryant this question. 

Has there been a vote of the full RIOC Board approving Gretchen Robinson being temporarily in charge? If not, how does she have full approval of the Board and under what authority is she placed in charge of RIOC?

As you know, Ms Robinson is currently a plaintiff in a racial discrimination lawsuit against the staff of Governor Hochul's Executive Chamber and the DHCR. How can she be placed in charge of RIOC when she is suing NY State officials for racial discrimination?

My understanding is that Mr Haynes has been on leave since the end of August making it at least 2 months of Ms Robinson in charge.

What is the procedure for someone taking over the role of RIOC President when the current RIOC President is unable to perform the job? Is a RIOC Board approval vote required or can the current RIOC President simply designate a replacement himself without a Board approval?

Any comment from RIOC Board members?

No response yet. Will update when more info becomes available. 

UPDATE 10/13: RIOC Communications Director Bryant Daniels adds this morning:

To clarify, Gretchen is serving as Mr. Haynes’ designee (proxy) until his return. This does not require Board approval as his leave is only temporary. Board action would only be required if she were appointed “Acting President” which is not the case. As Executive Vice President, she is permitted to act on Mr. Haynes’ behalf.