... this past February Council Member Julie Menin introduced Resolution 0132, calling on the NY State Legislature and Government to grant residents of Roosevelt Island the power to vote for members of the board of the Roosevelt Island Operating Corporation. You can read more about the bill here:
Just today, the Council Committee on Government Operations, State and Federal Legislation announced that this bill will be heard during their 10am hearing this Thursday, the 19th. We are encouraging all members of the community to testify either in person at the Committee Room at City Hall, virtually through zoom or you may submit written testimony. To register, please visit and click on the 9/19 Committee on Government Operations, State and Federal Legislation. Unfortunately, Council Member Menin is not a member of this committee and is already scheduled to speak at a healthcare related conference during this hearing.
I asked Mr Krikler for comment on the resolution. Mr Krikler replied:
I am a member of Community Board 8, but I am commenting in my individual capacity as a resident of RI; As a four year resident of Roosevelt Island, I am thrilled to see Res 0132. I plan on attending the hearing to give testimony in support of this resolution. I will be speaking on behalf of the nearly 1,100 people who signed a petition, we residents started, demanding direct elections of the RIOC Directors.
We have had too many years of lackadaisical and ineffective management at RIOC. While current interim management are a breathe of fresh air, we need better oversight of RIOC as this is the rarity and not the norm. I encourage others to testify, in person, on zoom or with written testimony. The City Council needs to hear from us all.
Click here for info to testify on the resolution in support of RIOC Board directors before the 9/19 Committee on Government Operations, State and Federal Legislation in person, virtually by zoom or submit written testimony.
But be aware that the NYC Council has no power to implement RIOC Board elections which is under the jurisdiction of NY State although passing the resolution could have a degree of persuasive authority on the issue with NY State decision makers.
The DHCR Commissioner or a designee serves as RIOC Board of Directors Chair.
Ms Visnauskas made a rare public Roosevelt Island appearance at the
November 14 RIOC Board Of Directors
meeting sitting and chatting frequently with Mr Haynes and Ms Robinson
and she was joined by Mr Vallela.
Whatever matters discussed were done in whispers so the subject of
conversation between the Plaintiffs and Defendants in the lawsuit is not known
although from all appearances it was very amicable.
How can the Roosevelt Island community be assured that RIOC will operate
efficiently and competently when it's President and General Counsel are suing
the Governor's staff?
On November 16, Ms Kleiman wrote to the RIOC Directors and Mr Haynes asking:
Dear RIOC Board and Mr Haynes,
First I wish to thank all the residents and select board members who spoke at
the board meeting this past Tuesday and helped fight for an effective, and
elected RIOC Board of Directors.
Unfortunately I was unable to attend but my main question is How can RIOC
fairly and effectively govern Roosevelt Island when it’s 2 senior most
executives are basically suing US! We, Roosevelt Islanders, ARE the
state!
Again, I wish to thank those who spoke on behalf of the community for their
efforts to bring democracy to Roosevelt Island.
Thank you!
RIOC Board Director Ben Fhala (Seen at far right of image taken from November
14 RIOC Board Meeting video
screenshot)
replied to Ms Kleiman today:
Dear Roberta,
I appreciate your ongoing contributions to the dialogue and engagement with
this board.
As a Jewish Middle Eastern man with roots in Libya, I've drawn inspiration
from the wise teachings of our spiritual leaders. These figures instilled in
me a deep understanding that all humans are created in the image of God, and
there's always something to learn from each person. Even when faced with
adversity or actions I perceive as immoral, unethical, or lacking fiduciary
care for RIOC's long-term needs, I strive to embody these teachings.
The most significant conversation I've had with Shelton Haynes and Gretchen
Robinson occurred on July 19th. In that meeting, I witnessed a man in
genuine distress, making serious claims of racial attacks against him and
his staff. While he vaguely referenced members of his oversight, he
specifically named multiple individuals in our community and asserted that
he had been actively blocked by Chambers and HRC from addressing these
attacks on his reputation and character, preventing him from sharing his
experience freely. In my understanding, he believed these actions were
racially motivated.
During this meeting, I asked Shelton if he could substantiate his claims and
if he would be willing to present them to the board members. He agreed,
indicating he would do so in the upcoming board meeting. However, during the
same meeting, RIOC's General Counsel, Gretchen Robinson, acted more as
Shelton's personal lawyer, frequently interjecting into my questions and
statements and making me feel like a hostile witness.
At one point, the General Counsel warned me that continued public and RIOC
engagement could lead to legal action against me. Despite this, I understood
the invalidity of her claims and reported them to new board members Dr.
Melamed and Professor Tang. We collectively sought an emergency meeting in
August, but the chair, aligned with the General Counsel, denied our agenda
items and arranged an executive session to train new board members, a
session I deemed illegal under New York laws.
Despite raising concerns about inappropriate topics in the "welcome" meeting
and subsequent executive session, in my only meeting with Shelton Haynes, I
observed a distressed man in real pain. I genuinely want to hear his
perspective and understand if his oversight has been acting in a way that is
inappropriate, enabling others to damage his reputation and character.
While the new board members are uncomfortable with many issues presented to
us over the last few months, we don't know enough about the claims between
the defendants, and our focus is on being true oversight to RIOC and
creating an access point and voice for our community.
Bringing me full circle, having a claim against your oversight doesn't
translate into an inability to govern fairly and effectively. I remain
hopeful that Shelton Haynes and Gretchen Robinson will enable the new board
members to exercise genuine oversight going forward, despite actively
denying us this opportunity over the last few months.
Please note that I've included Gretchen Robinson, our legal staff, the newly
positioned Chair designate, and BCCed Dr. Melamed, who hasn't received
access to her government email due to administrative delays at RIOC.
Thanks,
Ben Fhala* Resident Board Member
*Disclaimer: All statements made by Ben Fhala are made in his capacity as a
RIOC Resident Board member. He does not represent the entirety of RIOC or
the full board but serves as a Resident Board member, offering information
to the community and its stakeholders.
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....
... 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.
Mr Fhala, Dr Melamed and Professor Tang are the
3 new RIOC Board members
alleged by Mr Haynes and Ms Robinson to be antagonistic to them.
On November 7, the attorneys
for Mr Haynes and Ms Robertson wrote to the Southern District NY Court Judge
hearing their case:
...I write on behalf of Plaintiffs Shelton J. Haynes and Gretchen K. Robinson
(“Plaintiffs”) to respectfully request that this Court stay proceedings
pending the issuance of a Notice of Right to Sue Letter (“the Notice Letter”)
by the Equal Employment Opportunity Commission (“EEOC”). Defendants do not
consent to this request....
... To the extent Plaintiffs’ legal strategy has always been to name the
Chamber and RIOC alongside the individual Defendants, they prematurely filed
this action before exhausting the administrative remedies as to those
potential parties. Now Plaintiffs ask this Court to stay their own case
indefinitely—a decision that would delay the individual Defendants’ right to
respond to serious, although meritless, allegations—as they wait for an EEOC
determination.
... More significantly, Defendants have been publicly accused of racial
discrimination and retaliation and will suffer prejudice if they are
prevented from promptly defending themselves. Defendants are government
employees who are the subjects of serious allegations of wrongdoing. The
lawsuit appears intended to inhibit Defendants’ ability to execute the
duties of their offices, which has posed operational challenges for RIOC.
Justice demands a prompt resolution of this case....
... At this stage, all that Plaintiffs need to allege are “minimal” facts
“suggesting an inference” of such animus. Id. Plaintiffs’ allegations easily
meet that threshold. Notably, after its internal investigation, the law firm
RIOC hired drafted a report confirming Plaintiffs’ claims of racial
discrimination, and Defendants instructed the law firm to remove and
sanitize those findings. Compl. ¶ 85. The only plausible explanation for
Defendants’ instruction, particularly in light of the favorable inferences
afforded to Plaintiffs on a motion to dismiss, is that Defendants sought to
cover up the ongoing racial discrimination Plaintiffs faced. This fact alone
is fatal to Defendants’ argument.
Plaintiffs’ allegations comparing the adverse conduct against them to the
lack of adverse conduct against their white predecessors also raise an
inference of racial animus. Plaintiffs allege, for example, that Defendants
excluded them from the selection of new Board members, id. ¶¶ 1- 2, 92, and
allowed them to be subjected to unwarranted investigations, id. ¶ 46, but
treated their white predecessors differently—supporting an inference of
racial animus. That racial animus is further demonstrated by Defendants (1)
removing an African American Board member with an expiring term while
permitting two white Board members to remain despite their expired terms,
id. ¶ 103, and (2) preventing African American Board members from serving on
their requested committees while appointing a white Board member to his
requested committee, id. ¶¶ 103, 107.
Indeed, Plaintiffs’ comparators engaged in more severe misconduct (e.g.,
using racist and sexually inappropriate language, id. ¶ 7, and drinking
alcohol and golfing on the job, id. ¶ 70)— which ultimately cost them their
jobs—than that alleged against Plaintiffs, yet they were never investigated
by an outside law firm. This raises an inference of racial animus sufficient
to defeat a motion to dismiss....
Here are the letters from the attorneys for the plantiffs and defendants
excerpted above.
Heres the Haynes/Robinson lawsuit complaint.
While this mess all plays out in Albany and the court:
NEW: absolutely wild stuff is happening on Roosevelt Island. The CEO
of the island’s governing body is suing his own bosses—Gov. Kathy Hochul’s
admin—alleging they stopped him from going after the ex-employee
whistleblowers who accused him of corruption:https://t.co/pc6egb0oTu
You can sign the Petition here, if you agree or at the very least, demand attention be paid to Roosevelt
Island residents, workers and all who care about the community.
from Roosevelt Island to Queens Plaza where connections can be made to
the E, F and R trains.
The Roosevelt Island Operating Corp (RIOC) will be running both Tram cabins for most of this weekend. According to
RIOC:
RIOC Additional Services
Saturday and Sunday The Tram will operate on a rush hour schedule from
7:00am – 10:00pm
Red Bus Manhattan Shuttle 3:00pm – 7:00pm.
Visit the RIOC
transportation page
for resources related to getting to and from the island.
The MTA will be doing track work that will affect F-Train service. To assist
residents of Roosevelt Island, the Roosevelt Island Tram will be
implementing an expanded rush hour schedule on weekends. For the full
tram schedule, please visit:
https://t.co/z9WoiGclibpic.twitter.com/I2LffzGfpv
— Roosevelt Island Operating Corporation (@RIOCny)
August 24, 2023
Starting Monday August 28, Roosevelt Island F train service will be replaced with a
Shuttle train service
running on a single track back and forth between Queensbridge/21 street,
Roosevelt Island and 63r/Lexington Ave every 20 minutes between 5 AM and
midnight.
According to the MTA, the 63rd Street Tunnel Direct Fixation Track project will replace:
... track along the F line between 47-50 Sts-Rockefeller Center in Manhattan
and 36 St in Queens. The project will improve reliability, mitigate leaks to
prevent future corrosion and deterioration and extend the life of existing
infrastructure.
Crews will remove existing direct fixation track and construct new concrete
track and new direct fixation track, install new contact rail, protection
boards, brackets and insulators, remove and replace cables, furnish and
install new signal equipment, repair spalled concrete and cracks and seal
active leaks.
The following service changes will be in effect through the first quarter of
2024:
Beginning Monday, August 28, F service will be rerouted via the E line in both
directions between 47-50 Sts-Rockefeller Center and Jackson Heights-Roosevelt
Av....
... Weekdays and weekends between 5 a.m. and 11:59 p.m., F shuttle trains
will operate between Lexington Av/63 St and 21 St-Queensbridge, and free Q95
shuttle buses will operate between the 21 St-Queensbridge and Queens Plaza
stations.
Overnights between midnight and 5 a.m., F shuttle train service is suspended
and free Q94 shuttle buses will connect the Roosevelt Island, 21
St-Queensbridge, and Queens Plaza stations....
The Q94 (overnight bus shuttle from Roosevelt Island to Queens Plaza) is
scheduled to run every ten minutes, not necessarily on the hour.
The Q95 (daytime bus shuttle between 21st Queensbridge and Queens
Plaza) will run every 10 minutes off-peak, and as frequently as every 4-6
minutes during peak hours.
Here's the schedule for the Roosevelt Island subway shuttle starting Monday August 28.
Newly appointed members
of the Roosevelt Island Operating Corp (RIOC)
Board Of Directors
Lydia Tang, Dr Michal Melamed and Ben Fhala, together with veteran Board
member Fay Christian set up an:
ASK US ?
table next to the August 19 Farmers/Flea Market at Good Shepherd Plaza to
discuss the
upcoming F Train Subway Service disruptions
and Tram service with Roosevelt Island community residents.
Joining Mr Fhala and Ms Christian was Roosevelt Island Historical Society (RIHS)
President Judy Berdy
who helped explain the new F train shuttle service and bus
service which begins Monday, August 28.
I asked if there would be any RIOC policy change to increase Tram service
during the F train service disruption. According to Mr Fhala:
... the main perspective of the executive team now is that we're not going to
change automatically but we're going to just assess and test it as the weeks
go by and the executive teams will decide how to address it as they see the
needs change. So right now, we don't have any messages on any changes.
The RIOC Directors will be holding another ASK US? session next week at the
Saturday Farmers/Flea Market.
Stop by and have a chat. Tell them your concerns and possible solutions.
This is a great initiative by the RIOC Directors to communicate in person with
their fellow residents.
Roosevelt Island Operating Corp (RIOC) President Shelton Haynes was ill yesterday and was not able to attend the December 23 RIOC Board Of Directors meeting last night. In his place, RIOC General Counsel Gretchen Robinson read the RIOC President's Community Report to the Board and those in attendance.
Among the topics discussed were:
Long Time RIOC Board Director Michael Shinozaki resigned - no reason given,
... 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....
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,
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.
My statement on the Governor vetoing my bill for more resident representation on the Battery Park Authority. pic.twitter.com/gKrLJ7BnhG
For example, the Roosevelt Island Operating Company, which governs Roosevelt Island and deals with similar issues like ground rent, is required by law to have a majority of its board members be residents.
It is clear that the Governor is creating excuses to veto a bill that would transfer power from the Governor and her well-connected appointees to our community residents.
... There is alot of concern about the way the RIOC Board is appointed by
the Governor...
... do you think there is an opportunity for better Roosevelt Island
representation on RIOC now that it is no longer Governor Cuomo but Governor
Hochul?...
Senator Serrano replied:
... I've been trying to find ways to get to get more
representation from Island residents on that board.
I even carry the bill that the the head of RIOC should be an Island
resident....
... As elected officials, we live in our districts and we can get to see
what is going on and know what's important so I do believe that we have a
great opportunity to fix a lot of these issues. We have no shortage of
amazing opinions from Island residents as to how we can move forward and
bring better democracy to the island.
... it's my intention to have some really important and meaningful
conversations with the Governor to make sure that she understands that we
need to really focus on Roosevelt Island.
It shouldn't be an afterthought...
Roosevelt Island democratic representation suffered another setback yesterday
when 1 of two Roosevelt Island Operating Corp (RIOC) Board Directors who are no longer Roosevelt Island residents,
David Kapell,
chose to remain on the Board with the apparent approval, or indifference, of
Governor Hochul and
RIOC.
RIOC announced yesterday:
Jeffrey Escobar is tendering his resignation from the Board of Directors of
the Roosevelt Island Operating Corporation due to his change in residency.
Confirmed by the Senate on June 20, 2019, Mr. Escobar held one of five
public member board seats designated for Roosevelt Island residents. RIOC
truly appreciates Mr. Escobar’s service and contributions to the RIOC Board
of Directors and the Roosevelt Island community. His presence and input will
be greatly missed.
David Kapell remains a duly appointed member of the Board of Directors of
the Roosevelt Island Operating Corporation. Confirmed by the Senate on June
20, 2019, Mr. Kapell holds one of the two public member board seats that do
not carry a residency requirement. RIOC’s board and the community as a whole
benefit from Mr. Kapell’s dedication to Roosevelt Island and we thank him
for his continued service.
Both Mr Kapell and Mr Escobar moved from Roosevelt Island about a year ago yet
remained on the RIOC Board until Mr Escobar's resignation yesterday.
... I submitted a written question to the
September 29 RIOC Board of Directors
meeting Public Session held before the start of the meeting asking:
How many members of the RIOC Board of Directors, excluding NY State
Officials, are required by statute to be residents of Roosevelt Island?
Are any of the RIOC Board Directors, excluding the NY State Officials, not
residents of Roosevelt Island and if so, why are they members of the RIOC
Board?
Do all members of the RIOC Board of Directors, excluding the NY State
Officials, list Roosevelt Island as their primary residence on personal
tax forms? If no, who does not?...
RIOC General Counsel replied to my question during the Public Session:
I can briefly answer that question.
We have two Board Members that currently do not reside on Roosevelt
Island.
I will say that Mr Kappel proactively on his own, when he determined that he
was no longer going to reside on the Island, reached out to the Appointments
Office to inquire as to whether his service would terminate or be in
jeopardy because of that decision.
After consultation with the Appointments Department, he was told that based
on the law as it reads, he is not in violation of any rule or regulation or
law and his appointment may continue until such time of his replacement.
Mr. Escobar who also recently moved off the Island has also begun that same
process so based on those findings the RIOC Board Members are permitted to
serve until such time that they are replaced.
As the law reads, continued residency is silent to that. So, they were both
appointed as residents when they became members of the Board and as far as
Appointments is concerned, their continued services is all right
Yesterday, I asked Ms Robinson and RIOC Public Information Officer Amy
Smith:
RIOC claims that Mr Kappel holds 1 of two public Board seats that does not
require Roosevelt Island residency.
Please show where in Mr Kappel’s appointment, he was designated in a Rioc
Board seat that does not require Roosevelt Island residency.
Also, please show where Mr Escobar was designated as an appointment which
required Roosevelt Island residency.
No answer received yet.
I asked Mr Kappel yesterday:
Do you have any comment on why you wish to remain on the RIOC Board of
Directors when you no longer live on Roosevelt Island?
Roosevelt Island is a diverse and tight-knit community, and local
representation on the RIOC board is critical to meeting the needs of its
residents. We are reviewing RIOC's enacting statute and examining potential
options to strengthen this representation.
Assembly Member Seawright replied:
Residents of Roosevelt Island are entitled to have their voices heard. It's
time to take a look at legislation that strengthens the residency requirement
so that diversity of opinion includes the viewpoints of the inhabitants of the
island.
Roosevelt Island resident Matt Katz shares this message he sent to RIOC
President Shelton Haynes explaining the importance of RIOC Directors living on
Roosevelt Island and being members of the community:
... Some of us still think that RIOC decision-making should be performed
by people with skin in the game, i.e. Roosevelt Island residents and we intend
to meet with Gov. Hochul and win her support.. Your efforts to include former
or part-time residents is an affront ... to a community that demands to be
part of the decision-making process. It's called democracy and we'd like some.
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 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 of and attend all meetings of such board but shall not be
entitled to vote. Failure to give such notice shall not affect the validity of
any action taken at a meeting of such board....
UPDATE 10/21 Roosevelt Island Residents Association (RIRA) Vice President Erin Feely-Nahem adds:
Jeffrey Escobar did the right thing by resigning.
Exacerbated by the pandemic,many issues have arisen on the Island which need to be addressed, increasing the importance of Resident input. As we are unable to vote for who manages and controls the ongoing development within our community, it is imperative to have active community members on the RIOC Board to provide insight on, and vote for what residents' feel is important for their community.
An individual who is living within a community offers a more educated opinion than either an individual who spends 40 hours a week here, or worse, pops in for an hour Zoom meeting quarterly. .At the least, residents should be voting on who we want to represent us on the five "public member" board seats.
David Kapell is unknown to the community and does not necessarily represent the resident's desires. Presently, although one can submit questions or concerns to the RIOC Board via email, there is no system in place for real dialogue between the RIOC Board members and the community, nor any means of accountability for decisions made.
UPDATE 11/1 - As reported 10/29, during the October 28 RIOC Board of Directors meeting Public Sessioin, I asked:
RIOC claims that current Board Member David Kapell holds 1 of two public
Board seats that does not require Roosevelt Island residency.
Please show where in Mr Kappel’s appointment by former Governor Cuomo, Mr
Kapell was designated in a Rioc Board seat that does not require Roosevelt
Island residency.
Also, please show where former RIOC Board member Jeff Escobar, who resigned
because he no longer lived on Roosevelt Island was designated as an
appointment which required Roosevelt Island residency.
Why does Mr Kappel wish to remain on RIOC Board since he no longer lives
here and is not effected by decisions made by the RIOC Board.
RIOC General Counsel Gretchen Robinson replied that Governor Hochul's
Appointments Office:
... has confirmed and double confirmed and triple confirmed that Mr Kapell is
serving in a legitimate seat and is not violating any regulation or rules or
laws. We appreciate his service to the Board.
Mr Kapell was appointed to the RIOC Board
with Jeff Escobar and Conway Ekpo in June 2019 by Governor Cuomo at which time
all 3 were Roosevelt Island residents. Mr Escobar moved away from Roosevelt
Island and resigned from the RIOC Board after the issue of his remaining was
raised.
Mr Kapell refuses to resign and declined to say why he wished to remain on the
RIOC Board after moving away from Roosevelt Island.
Roosevelt Island resident Matt Katz also asked during the Public Session about
Mr Kapell remaining on the RIOC Board after moving away from Roosevelt Island.
According to Mr Katz:
I wrote you on October 4 regarding the illegal appointments of Jeffrey
Escobar and David Kappel, non-residents of Roosevelt Island, to fill seats
on the RIOC Board of Directors designated by statute for Island residents.
There has been comment regarding the meaning of the term resident and I said
at the time that a resident is not a past resident, not a future resident or
a wanna-be resident. The reason we, Island activists persuaded Gov. Pataki
to require by amendment of Ch. 899 to appoint a majority of Island RESIDENTS
to the Board was to ensure that people with skin in the game would determine
this Island community's future. You write back, saying that you would
respond to me shortly. Three weeks later, there has been no response.
Since then, Jeffrey Escobar, a long-time advocate for and participant in the
life of this community, resigned from the Board, understanding the clear
(clear even to State lawyers) mandate to do so. David Kappel, never an Island
activist or participant in the life of this community,and unknown to me after
my many years of service to my fellow residents, has not resigned, perhaps
counting on former Governor Cuomo's endorsement as sufficient bona fides for
the post. We intend to bring the matter up with Gov. Hochul and to seek
redress for this violation of the statute. Regards,...
RIOC Board Directors are unpaid volunteers who devote substantial amounts of time to important issues facing Roosevelt Island.
According to Ms. Smith, her decision to resign was completely voluntary. Had she chosen to do so, she could have remained as a RIOC Director, even though her term of office expired long ago, as have the terms for all the other RIOC Directors.
Ms Smith writes in her letter of resignation:
When I first joined the RIOC board it was after an election where the residents of the Island chose the people they wanted on the board.
I strongly support elections for board members. It’s been 8 years since I was appointed to a 4 year term. During my tenure the Governor replaced one elected member with a non-elected, non-resident. Another board member has resigned and not been replaced in spite of the fact that there have been several elections where the residents have chosen new board members to fill the empty seats and replace some of the current board members.
I see no sign that any action is contemplated any time soon. I don’t believe the residents intended for board members to remain in their seats years after their terms had expired. My leaving at this point gives the city and state time to fill my seat this June. Waiting any longer leaves the same board in place for another year.
Because of this, and because I see more State control over the board than ever, and certainly more control than what was told to us in our NYS board training, I find myself philosophically out of step with some of the decisions made by the Board.
I intend to remain involved in several projects that are on the table right now, specifically the Hope Memorial and the Island of Arts. My role will be that of an interested resident rather than a Board member. I wish the remaining board members luck in the future and will give them my total support in this very difficult job they’ve taken on for the community.
Ms Smith's was a fierce advocate for the interests of the Roosevelt Island community within the framework of her fiduciary duties as a RIOC Board Director and proper corporate governance. Also, she sought to strengthen the role of the RIOC Board to make major policy decisions, including the hiring and firing of RIOC senior executive staff.
However, she was not successful in establishing a practice of the RIOC Board hiring and firing senior RIOC staff.
Ms Smih's voice on the RIOC Board will be missed.
When RIOC is looking for a new President, Ms Smith should be considered, if she is interested.
Here's more on the 2017 RIOC Board Nominee recommendation elections and potential new RIOC Directors.
UPDATE 4/13 - RIOC Board Director Fay Christian resigned today.
According to RIOC Public Information Officer Alonza Robertson:
The Roosevelt Island Operating Corporation (RIOC) announced today that Fay Fryer Christian and Margaret Smith have both officially resigned from their posts as members of the corporation’s Board of Directors.
Smith resigned Monday April 9 and Christian’s resignation is effective today April 13.
"We thank both Ms. Smith and Ms. Christian for all their contributions to RIOC and I personally will miss them both,” said RIOC President Susan Rosenthal.
“They helped our organization grow as we have expanded services and programs as well as the planning of our proposed, multi-year $90-million capital-improvement plan. We wish them both all the best going forward,” Rosenthal said.
Smith has been a member of the Board since 2010 and served on the Governance and Operations Advisory committees.
Christian has been a member of the Board since 2008. She served on the Real Estate Committee.
At the very end of the April 20 Roosevelt Island Operating Corp (RIOC) Board Of Directors meeting (video web cast here), Acting Board Chair Alex Valella and RIOC President Susan Rosenthal reported on a bit of information that could have huge importance for Roosevelt Island.
The info is that NY State Governor Andrew Cuomo is seeking details about the RIOC Board vacancies and appointment process.
In response to my inquiry, RIOC President Susan Rosenthal adds:
The Governor wanted to ensure that Boards of New York State Authorities are “full and active.” Each public authority was requested to provide an update on how Board members are appointed, total number of seats on each Board, when and where the Board meets, location of Board meetings, permissible ways of attendance for Board members, as well as current vacancies and Board member term expirations. No one has yet been nominated or interviewed by Albany.
Roosevelt Island is a mixed income, racially diverse waterfront community situated in the East River of New York City between Manhattan and Queens and is jurisdictionally part of Manhattan. The Roosevelt Island Tramway, which connects Roosevelt Island to the rest of Manhattan, has become the iconic symbol of Roosevelt Island to its residents.
The Purpose of this Blog is to provide accurate and timely information about Roosevelt Island as well as a forum for residents to express opinions and engage in a dialogue to improve our community.
