Monday, October 2, 2023

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

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....

On September 18, I sent an email inquiry to Mr Haynes, Ms Robinson and the RIOC Directors asking for comment on the lawsuit and who was currently in charge of RIOC.

There was no response. 

I followed up on September 27 to Mr Haynes, Ms Robinson and the RIOC Directors with a second email inquiry asking:

It has been almost 2 weeks since RIOC President Shelton Haynes and General Counsel Gretchen Robinson filed a racial discrimination lawsuit on September 12 in the Southern District of NY against members of Governor Hochul’s Executive Chamber as well as the Commissioner and certain staffers of NY State Division of Homes and Community Renewal.

Also, it has been almost 2 weeks since Ms Robinson announced at the September 14 RIOC Board meeting that Mr Haynes was on a "leave of absence.

To date, RIOC has made no announcement to the Roosevelt Island community regarding who is in charge of RIOC. Is there an Acting RIOC President?

I am following up on the September 18 email below seeking comment from you on the Haynes/Robinson lawsuit.

Specifically:

1- What is the reason for Mr Haynes extended leave and who is now in charge of Rioc as the President/CEO?

2- Will the Rioc Board allow Mr Haynes and Ms Robertson to remain in their current positions following the filing of their lawsuit?

3- Mr Haynes and Ms Robinson allege in the lawsuit that one white RIOC Board member told the lead attorney investigating Mr Haynes that " they need to end this f****** racist witch hunt now" and "Shelton Haynes is the best executive of RIOC so far" Will the RIOC Director who said this confirm the accuracy of the statement and identify themselves to the public?

4 - Do any of the RIOC Directors have a comment to the Roosevelt Island community on this matter?

5 - Will Mr Haynes and/or Ms Robinson comment on this matter.

These questions are of great concern to the Roosevelt Island community and are in preparation for an upcoming Roosevelt Islander Online article....

Recently appointed RIOC Board Member Ben Fhala replied on September 27:

Dear Rick and our fellow community members,

On August 31st, Shelton Haynes informed the oversight board of his temporary leave, set to conclude on October 4th, with a request for privacy on the matter. As Gretchen conveyed this in a board meeting, I won't delve further into the details than she did.

Since then, our Chair, HCR, hasn't officially updated us on the interim leadership, but my understanding is that Gretchen Robinson is assuming the role. Regrettably, no formal communication has been disseminated to staff nor Resident board members regarding this transition.

The lawsuit has cast a shadow over our communications and reduced interactions among board members. New Resident board members like myself have not received guidance from the Chair nor her delegates on this matter.

Despite this cloud, we remain dedicated to RIOC and our community's welfare. Unfortunately, the dysfunction in RIOC's communications has led us to seek external help to address community needs.

Recently, I learned of a disabled community member unable to commute to work due to non-functional ramps on 3 out of 4 of the currently working red buses. This is distressing, yet I find it challenging to engage with RIOCs leadership. Unofficially, I understand that the executive team has instructed staff to "ignore" communications from new Resident board members, a directive officially confirmed on 08/31 by Aida Morales.

I'm grateful to have been seated on the board alongside Lydia Tang and Dr. Melamed, who have consistently maintained open communication channels and have been strong advocates for the community and our stakeholders.

Nonetheless, we, the newly seated resident board members, are committed to overseeing RIOC's operations and eagerly anticipate joining committee work. In the interim, we will address issues one by one by engaging with stakeholders in the community and within RIOC.

Thank you,

Ben Fhala Resident Board Member

Mr Fhala added on September 28:

I have a small correction to make. Lydia Tang and I recently took the red bus to conduct a brief tour of Sportspark with the intention of saying hello to the communications team and the HR team located there. Unfortunately, we were greeted by Aida Morales, who once again reminded us that we are not permitted to engage with staff members without prior approval from Shelton Haynes. Akeem Jamal joined to let us know that he needs to get approval from Shelton prior to speaking with us as well. The HR team on site were forbidden to come out and say hello.

The primary responsibility of the board is to provide the vision and guidance necessary for the authority to fulfill its mission and meet its ethical and legal obligations. It is essential for board members to have a deep understanding of the authority's purpose and operations. However, it seems that direct communication with team members or participation in committees is not the preferred method, but rather through newsletter updates.

Regarding the correction, I'd like to note that both buses we took had active and working ramps. I will need to follow up with the disabled member to determine if the issue persists and if it is isolated to a specific bus or schedule. Unfortunately, I currently lack a direct point of contact within the team for operational updates and questions.

There was no response from Mr Haynes, Ms Robinson or other RIOC Board members.

On September 28, I asked NY State Senator Liz Krueger if she has::

...any comment on the current situation at RIOC where Board Directors she recommended are not allowed to provide oversight of RIOC by communicating with RIOC staff?

and

NY State Assembly Member Rebecca Seawright:

Do you have any comment on the current situation at RIOC where Board Directors are not allowed to provide oversight of RIOC by communicating with RIOC staff? Do you know who is in charge of RIOC at this time?

Have not received a reply yet from Ms Krueger or Seawright.

As reported September 18:

... During the September 14 Roosevelt Island Operating Corp (RIOC) Board of Directors meeting Public Session, several residents spoke up sharing their concerns, ideas and solutions with the RIOC Board. Unfortunately, every time newly appointed Board Member Ben Fhala tried to respond to a question or concern from a resident, RIOC General Counsel Gretchen Robinson and Board Chair Diana Lopez did their utmost to try and shut him up, but Mr Fhala persisted.

Here's what happened.

Also, as Mr Fhala was trying to respond to the concerns of a late night health care worker describing having to sleep overnight because of no subway or tram service, Ms Robinson said he was speaking: 

... as a resident of the Island and not a member of the board.

Mr Fhala responded he was speaking as a board member....

  

It's interesting to note that Ms Lopez, who is the RIOC Board Chair designee of the NY State Homes and Community Renewal (DHCR) Commissioner RuthAnne Visnauskas, is one of the defendants in the racial discrimination lawsuit brought by Mr Haynes and Ms Robinson.

Also, during the September 14 RIOC Board meeting, RIOC Board members Ben Fhala and Lydia Tang expressed frustration at not being allowed to speak with RIOC staff about issues that the Board is supposed to provide oversight on.

Mr Fhala asked to postpone ratifying an agenda item contract until he could talk with staff members about the item. He explained that since he was not allowed to speak with staff, the Board meeting was the only opportunity to have his questions answered.

Ms Lopez and Ms Robinson objected to postponing the agenda item. Ms Lopez said that RIOC Board members should focus on policy and strategy and defer to RIOC staff on day to day management issues.

Mr Fhala's request to speak with RIOC staff about contract ratification issues is not at all unusual and it has been a common occurrence at almost all RIOC Board Meetings for Directors to ask questions of RIOC staff about proposed contracts as well as other items they are responsible for. Also, RIOC Directors speaking with RIOC staff about day to day management issues has been a common practice for many years until Mr Haynes became RIOC President.

Here's what happened.

Paul Krikler is one of the Roosevelt Island residents who spoke at the RIOC Board September 14 Public Session. Mr. Krikler shares this message he sent to the RIOC Board:

Dear RIOC Board:

We have been through four weeks now of the F Train Rehab Project. During this time the community on Roosevelt Island has come together to help us all deal with the impact of this necessary work on our transit.

It's been very heartening to see the involvement and active engagement from the new Resident Board members, particularly Ben Fhala. It's good to see resident Board members working with the community at a time like this, including participating in public meetings.

Praise where it's due.

Read the full Haynes/Robinson lawsuit here.

Stay tuned for updates.

By ROOSEVELT ISLANDER at 8:08:00 PM

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