RIOC President Shelton Haynes And General Counsel Gretchen Robinson Currently On Administrative Leave Seek Court Order Restoring Them To Their Positions And Shutting Down Investigation - New Interim RIOC Leadership Wins Praise From Community For Reset Of Relationship With Residents

Reported on January 6:

... The Roosevelt Island Operating Corporation (RIOC) Board of Directors received notice of several employee concerns about the RIOC workplace. The Board has determined that it is necessary to conduct a review of these concerns by way of an outside professional. During this review, Shelton Haynes (RIOC CEO) and Gretchen Robinson (RIOC General Counsel) will be placed on administrative paid leave.

During this period of review, the day-to-day operations of RIOC will be overseen by an interim leadership team that includes Dhruvika Patel Amin (RIOC’s Chief Financial Officer & Vice President) and Gerrald Ellis (RIOC’s Assistant Vice President & Deputy General Counsel). In addition, RIOC Board member and Audit Committee Chair, Howard Polivy, will serve as a dedicated Board member liaison and will provide additional support to the interim leadership. No further comments about this matter will be made by the RIOC Board until the review is completed. We thank all of our RIOC staff for your full cooperation and support during this period of time.

Shelton Haynes, Gretchen Robinson (Standing), RIOC Chair Ruthanne Visnauskas at 11/14/23 Board Meeting

During the last two weeks, the new interim RIOC leadership, including Board Directors Ben Fhala and Lydia Tang have begun a series of community engagement initiatives which have been welcomed by the Roosevelt Island community.  

Mr Fhala was among the three local residents, including Lydia Tang and Dr Michal Melamed, appointed to the RIOC Board of Directors last June. During the last 7 months, these three new directors have attempted, with varying degrees of success, to bring some transparency, community engagement and oversight to RIOC.

Image From November 14, 2023 RIOC Board of Directors Meeting

As reported January 19:

...  Ms Amin and Mr Ellis also participated in a frank and open discussion with Roosevelt Island residents, Board Directors and local media during an informal meeting organized by RIOC Director Ben Fhala which took place immediately after a contentious RIOC Operations Committee meeting on January 17. {link added}

It was a very productive meeting and an example of positive community engagement by RIOC, a welcome change from the previous administration under Shelton Haynes.

Community Board 8 Roosevelt Island committee chair Paul Krikler noted after a January 18 meeting of his committee with residents and the new RIOC leadership:

Yesterday we had a very positive meeting with RIOC leadership. I think it's fair to say that this marked the start of a reset of the relationship between residents and RIOC. 

and Roosevelt Island Historical Society President Judy Berdy added: 

Can we handle this openness?

It is unclear how long the new interim RIOC leadership will remain in place, how long the review of Mr Haynes and Ms Robinson's workplace conduct will take and if they will return to their positions as President/CEO and General Counsel respectively. 

But, Mr Haynes and Ms Robinson are attempting to stop the review of their workplace conduct and demand to be restored to their positions at RIOC.

On January 23, Mr Haynes and Ms Robinson filed an Order To Show Cause in the US District Court for the Southern District Of NY seeking a Temporary Restraining Order and Preliminary Injunction:

• (a) Enjoining Defendants and any persons or entities acting in concert with or on behalf of Defendants from initiating an investigation into or disciplinary proceedings against or taking adverse employment actions against Haynes; 
• (b) Enjoining Defendants and any persons or entities acting in concert with or on behalf of Defendants from initiating an investigation into or disciplinary proceedings against or taking adverse employment actions against Robinson; 
• (c) Directing Defendants to restore Haynes to his position as CEO and President of the Roosevelt Island Operating Corporation (“RIOC”); and
• (d) Directing Defendants to restore Robinson to her position as Vice President and General Counsel of RIOC,...

 Here's the January 23 Order To Show Cause.

According to Mr Haynes' January 23 affidavit in support of the Order To Show Cause:

... 45. On or about the morning of January 16, 2024, Ms. Visnauskas and Mr. Polivy informed me that, effective immediately, I would be placed on paid administrative leave.

46. During this meeting, I was told that the RIOC Board had received complaints from at least five staff members about me and the administration, alleging a toxic work environment. I was told the Board determined that it was necessary to investigate these concerns and to put me on leave pending that investigation. When I noted that Mr. Fhala and others had been harassing and interfering with my work and the work of the RIOC administration, Ms. Visnauskas said there was no recourse.

47. According to outside counsel for the Board, the five employee complaints were submitted sometime after my counsel provided revisions to the proposed Protocols, and after Ms. Robinson and I filed our amended complaint.

48. This is the first time I have ever been placed on administrative leave as a result of an investigation. In my tenure as CEO and President of RIOC, I have faced twelve other investigations—none of which have resulted in any findings of wrongdoing—but I was never put on leave....

Ms Visnauskas is the Chair of the RIOC Board of Directors and Commissioner of NY State Division of Homes and Community Renewal. Mr Polivy is a long time member of the RIOC Board of Directors. 

Among the allegations in Mr Haynes' affidavit are:

28 ... Mr. Fhala, Ms. Tang, and others have continued to harass and excessively scrutinize me and Ms. Robinson by, among other things, initiating a new,unwarranted investigation into a procurement contract, attempting to limit our authority, conducting pretextual reviews of our confidential payroll records, and making critical statements about us to the already hostile media.

29. Within one week after Ms. Robinson and I initiated the Federal Lawsuit, Mr. Fhala sought an “emergency” Board meeting to reduce my monetary approval thresholds by nearly 50%. Specifically, Mr. Fhala wanted to reduce the amount of funds I was authorized to spend without pre-approval by the Board from $175,000 to $90,000—a substantial reduction that would significantly curtail my ability to run day-to-day operations.

30. Shortly thereafter, Ms. Tang requested an accounting of my time worked, leave requested, and salary since my appointment to the position of acting CEO. Ms. Tang did not need my confidential time and leave records to complete her duties as a Board member. Instead, I believe she requested those records to try to “find” issues with my work history.

31. As another example, approximately one week after Ms. Robinson and I initiated the Federal Lawsuit, Mr. Fhala, along with Ms. Tang, met with Mr. Ellis, without our knowledge. I believe this meeting was conducted at the behest of Mr. Fhala and Ms. Tang for the purpose of obtaining information that could be used against me and Ms. Robinson.

32. Shortly after this meeting, Mr. Ellis requested access to RIOC’s email search systems, under the pretense of needing access to obtain information for certain legal work. In reality, Mr. Ellis used the access he was given to search through mine and Ms. Robinson’s emails. I believe Mr. Ellis searched through our past emails on multiple occasions, from on or about September 26, 2023, to on or about October 20, 2023, to try to search for information to be used against us. There was no valid reason for Mr. Ellis to surreptitiously search through our emails.

33. On a separate occasion, Mr. Fhala emailed both the NYSIG and the COELIG to suggest that our procurement of a contract with a digital reputation management company was somehow improper. The contract had been entered into approximately one year earlier—well before Mr. Fhala joined the RIOC Board—to try to counter the negative impacts on RIOC and its staff created by the onslaught of unfavorable press. Moreover, there was nothing improper about the contract: it had gone through a public procurement process based on responses to a public Request for Proposals. RIOC’s comptroller, director of procurement, IT director, and legal staff were all aware of and/or involved in the procurement process. Before the contract was signed, Mr. Polivy had even encouraged Ms. Robinson and me to counterbalance the negative press with positive stories. Ms. Christian and Mr. Kraut encouraged us after the contract was signed. Moreover, the Battery Park City Authority—RIOC’s sister agency for Battery Park City—had entered into a similar contract with a similar media firm that has conducted similar work and no questions had been raised about the propriety of that contract. Despite this background establishing the propriety of the contract, Mr. Fhala has attempted to raise suspicions about the contract and used it to attempt to initiate yet another frivolous investigation into me and Ms. Robinson. Neither the Chamber nor anyone at RIOC ever took any action to counter Mr. Fhala’s conduct....

39. Mr. Fhala has also repeatedly “scolded” Ms. Robinson and me and spoken to us in a condescending, derogatory manner. For example, at a Board meeting on or about September 14, 2023, Mr. Fhala condescendingly told me and Ms. Robinson, “May I remind you that you report to us?” He has also written similar things in emails to us.

43. On or about January 2, 2024, I met with Ms. Christian. She informed me that she learned that a few days prior to our meeting, Dhruvika Patel Amin (the current CFO& Vice President) was having trouble accessing information for the Board regarding confidential overtime records for RIOC employees. Ms. Christian believed that Ms. Amin was attempting to see if I received overtime pay during my time as CEO and President (such pay is not permitted).

44. Also on or about January 2, 2024, I spoke with Mr. Ekpo. He confirmed his belief that the allegations in the amended complaint are 100 percent accurate. He also confirmed that Ms. Lopez had instructed Mr. Miskiewicz to remove observations of racism that were in the first draft of the report...

... 50. I am aware of numerous RIOC staff members and employees who are terrified about their job security and career opportunities given Defendants’ unreasonable and targeted treatment of me and Ms. Robinson following our complaints of discrimination and retaliation....

Here's the full affidavit from Mr Haynes.

Ms Robinson submitted an affidavit substantially similar to that of Mr Haynes.

Here's Plantiff's Memorandum of Law in support of the Order To Show Cause.

Mr Haynes affidavit references (Para 31) a federal lawsuit he and Ms Robinson initiated.

As previously reported, on September 12, 2023:

... Mr Haynes and Ms 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...

On December 8, 2023, Mr Haynes and Ms Robinson added RIOC and one of the newly appointed RIOC Board members Ben Fhala to their lawsuit. Here's the Haynes/Robinson amended complaint.

Stay tuned for more updates. 

UPDATE 1/29: According to 1/26 Pacer filing:

... proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 1/26/2024. Attorneys Milton L. Williams, Jr. and Jeffrey C. Skinner representing Plaintiffs present. Attorneys Alan Schoenfeld and Thais R. Ridgeway representing Executive Chamber Defendants present. Attorney Scott Todd Baken representing Defendant RIOC. Defendants' opposition to Plaintiffs' motion for a preliminary injunction is due by 2/5/2024; Plaintiffs' reply is due by 2/7/2024, 12:00 p.m. Plaintiffs' Second Amended Complaint is due by 1/31/2024; Defendants' time to answer the second amended complaint is stayed pending further order of the Court. A preliminary injunction hearing is scheduled for 2/9/2024 at 10:30 a.m.

Breaking Roosevelt Island News - RIOC President Shelton Haynes & General Counsel Gretchen Robinson Placed On Paid Administrative Leave Pending Investigation Of "Several Employee Concerns About The RIOC Workplace"

The Roosevelt Island Operating Corp (RIOC) sent out the following press release at 4:50 pm: 

The Roosevelt Island Operating Corporation (RIOC) Board of Directors received notice of several employee concerns about the RIOC workplace. The Board has determined that it is necessary to conduct a review of these concerns by way of an outside professional. During this review, Shelton Haynes (RIOC CEO) and Gretchen Robinson (RIOC General Counsel) will be placed on administrative paid leave.

During this period of review, the day-to-day operations of RIOC will be overseen by an interim leadership team that includes Dhruvika Patel Amin (RIOC’s Chief Financial Officer & Vice President) and Gerrald Ellis (RIOC’s Assistant Vice President & Deputy General Counsel). In addition, RIOC Board member and Audit Committee Chair, Howard Polivy, will serve as a dedicated Board member liaison and will provide additional support to the interim leadership. No further comments about this matter will be made by the RIOC Board until the review is completed. We thank all of our RIOC staff for your full cooperation and support during this period of time.

Shelton Haynes, Gretchen Robinson (Standing), RIOC Chair Ruthanne Visnauskas at 11/14/23 Board Meeting

NY State Senator Liz Krueger, who represents Roosevelt Island adds:

I respect the decision of the RIOC Board, which exists to look after the wellbeing of Roosevelt Island. Now, we must await the conclusion of the investigation. The Board has access to information and details to which I am not privy. However, I do know that RIOC is a public benefit corporation, and it is the responsibility of each of its employees, from top to bottom, as public servants, to act in the best interest of the community. I will continue to do all I can to assure RIOC functions as it should, particularly during this challenging time.

More info from earlier today. 

This is a developing story. Stay tune for updates.

RIOC Director Plans To Discuss Reset With Local Roosevelt Island Media, Hostile Work Environment Where Staff Afraid To Interact With Board Members And Community And Much More At January 17 Operations Advisory Committee Meeting

The Roosevelt Island Operating Corp (RIOC) Board Of Directors Operational Advisory Committee (OAC) will meet tomorrow. As reported by the RIOC website meetings page, the OAC has not met since June 17, 2021, more than 2 1/2 years ago.

According to the RIOC OAC meeting agenda for tomorrow:

PLEASE TAKE NOTICE that a meeting of the Operations Advisory Committee of the RIOC Board of Directors will be held on Wednesday, January 17, 2024, at 4:00 p.m. at the RIOC’s Operations Office, 680 Main Street, Roosevelt Island, New York 10044.

AGENDA:

1. Departmental Updates

2. Any Other Committee Business that May be Brought Before the Committee

* * *

The Open Meetings Law of the State of New York requires that all public bodies conduct meetings, convened for the purpose of officially conducting public business, in a manner open to attendance by the general public to observe and listen...

But it could be much more than the items listed in the Agenda.

As reported January 5:

Ben Fhala was among the three local residents, including Lydia Tang and Dr Michal Melamed, appointed to the Roosevelt Island Operating Corp (RIOC) Board of Directors last June. During the last 7 months, these three new directors have attempted, with varying degrees of success, to bring some transparency and oversight to RIOC....

Image From November 14, 2023 RIOC Board of Directors Meeting

On January 12, Mr Fhala sent this message to publishers of local Roosevelt Island media, specifically Roosevelt Islander Online and the Roosevelt Island Daily, as well as Community Board 8 Roosevelt Island Committee chair Paul Krikler about the upcoming RIOC OAC meeting.

The Operations Committee is the ideal platform to address the business item we previously discussed. During the last public board meeting, I inquired about the $170k contract with First Page Management, specifically questioning whether its main focus was to hinder or diminish the reach of articles about @Haynes, Shelton J (RIOC) and @Jamal, Akeem (RIOC)  published by Roosevelt Island media outlets, specifically Roosevelt Island Daily and Roosevelt Islander Online. The response, after some back and forth, directed me to the Operations Committee, emphasizing that such questions are better addressed there.

Fortunately, after seven months, we are finally convening an Operations Committee meeting, and it appears the agenda is not densely populated. Despite obstacles from @Haynes, Shelton J (RIOC)/ @Robinson, Gretchen (RIOC) with the active support of @Visnauskas, RuthAnne (HCR), Dr. Melamed has generously allowed me to use her chair for this session to conduct this critical engagement with the public and staff members.

While the specific topics remain uncertain and potential opposition from Shelton Haynes or RuthAnne Visnauskas looms, I am optimistic that your attendance will draw sufficient attention. Positive pressure exerted on our elected officials, who genuinely care about our residents and RIOC's well-being, may prompt them to send representation. Ideally, this could encourage  RuthAnne Visnauskas to officially include this item on the agenda or, if not, make it publicly clear that she does not prioritize RIOC's core goal of serving the community. I have faith that a bit of political pressure can redirect her focus from lawyers and advisors whispering in the silence.

Though it's challenging to set clear agendas, here are a few bullet points for our conversation with the public and staff in the upcoming meeting:

1.  Reset with Media: Explore how we can engage with local media, define terms for both media and RIOC to benefit our communities. If Shelton Haynes refuses engagement, we'll discuss how resident board members can negotiate these terms.
2. Work Environment: Investigate why staff members are apprehensive about interacting with community members, board members, and the media. Brainstorm solutions to reset this potentially hostile work environment.
3. Engagement with Paul representing community board #8: Discuss the structure of long-term engagement with Paul's committee work, debating whether it should involve staff members, board members, or both.
4. First Page Management Contract: If time permits, delve into the details of the contract and it's implementation —its purpose, ethics, potential damage to the relationship with local media—and strategize on taking ownership, preventing such behaviors, or understanding the rationale behind them and support the contract.
5. Communication Practices: Discuss the language and repetition in RIOC announcements, addressing concerns such as why they start with "Shelton presents" and why they lack signatures or clear ownership. Explore how board members can voice objections if/when needed.

These are initial topics, and the discussion may evolve based on emerging questions by the invited guests and public. I am hopeful for an engaging conversation with all invited members, leading to impactful conclusions beneficial for RIOC and the communities we serve.

Looking forward to your participation and the collaborative exchange. As such, I expect this to be added into the agenda and it if does not I will pick up the lead once the scheduled items conclude. adding the agenda again as an attachment.

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.

Last December 5, I asked RIOC President Shelton Haynes and the RIOC Board:

RIOC Directors

During the November 14 RIOC Board meeting, Director Ben Fhala asked RIOC CFO Dhruvika Patel Amin if she was aware of the $170 thousand contract with First Page Management LLC doing business as Status Labs.(see video link here)

Ms Amin answered that she was not aware of the contract but she would look into it and get back to Mr Fhala.

Did RIOC Board members received any answer from RIOC's CFO or anyone else to Mr Fhala's question about the First Page Management contract or any further information regarding any practice by RIOC to engage in Search Engine Optimization practices for the purpose of enhancing the Corporation's reputation or any of its employees including RIOC President Shelton Haynes?

During the November 14 RIOC Board meeting, RIOC President Shelton Haynes announced that Assistant VP of Communications Akeem Jamal is no longer working at RIOC. (See video link here) Was Mr Jamal's leaving RIOC after a little more than one year related to this contract?

Also, what is the dollar amount of a contract that does not have to be approved by the RIOC Board of Directors. My understanding is that this contract was not approved by the RIOC Board. Is that correct? If the contract was not approved by the RIOC Board, why not and who approved it?

Here's video of Mr Fhala asking about the First Page Management contract during the November 14, 2023 RIOC Board of Directors meeting.

Maybe we'll get some answers to these questions and more tomorrow.

Stay tuned.

UPDATE 5 PM: According to the Roosevelt Island Operating Corp: 

The Roosevelt Island Operating Corporation (RIOC) Board of Directors received notice of several employee concerns about the RIOC workplace. The Board has determined that it is necessary to conduct a review of these concerns by way of an outside professional. During this review, Shelton Haynes (RIOC CEO) and Gretchen Robinson (RIOC General Counsel) will be placed on administrative paid leave.

During this period of review, the day-to-day operations of RIOC will be overseen by an interim leadership team that includes Dhruvika Patel Amin (RIOC’s Chief Financial Officer & Vice President) and Gerrald Ellis (RIOC’s Assistant Vice President & Deputy General Counsel). In addition, RIOC Board member and Audit Committee Chair, Howard Polivy, will serve as a dedicated Board member liaison and will provide additional support to the interim leadership. No further comments about this matter will be made by the RIOC Board until the review is completed. We thank all of our RIOC staff for your full cooperation and support during this period of time.

Shelton Haynes, Gretchen Robinson (Standing), RIOC Chair Ruthanne Visnauskas at 11/14/23 Board Meeting

NY State Senator Liz Krueger, who represents Roosevelt Island, adds:

I respect the decision of the RIOC Board, which exists to look after the wellbeing of Roosevelt Island. Now, we must await the conclusion of the investigation. The Board has access to information and details to which I am not privy. However, I do know that RIOC is a public benefit corporation, and it is the responsibility of each of its employees, from top to bottom, as public servants, to act in the best interest of the community. I will continue to do all I can to assure RIOC functions as it should, particularly during this challenging time.

Update On RIOC President And General Counsel Workplace Racial Discrimination Lawsuit Against NY State Governor's Executive Chambers And DHCR Staff - More Filings From Lawyers And RIOC Director Provides Added Insight Into What Is Going On - Roosevelt Island Residents Petition Demanding Functioning And Competent RIOC

An update on the September 12 racial discrimination lawsuit filed in the Southern District Of New York by Roosevelt Island Operating Corp (RIOC) President Shelton Haynes and General Counsel Gretchen Robinson against members of NY State Governor Kathy Hochul's executive chamber staff and NY State Homes and Community Renewal (DHCR) Commissioner Ruthanne Visnauskas and staff member Alejandro Valella.

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.

As reported November 15:

During the November 14 Roosevelt Island Operating Corp (RIOC) Board of Directors Meeting Public Session, Roosevelt Island Historical Society (RIHS) President Judy Berdy spoke for many residents frustrated and angry with the ongoing dysfunction of RIOC...

Following Ms Berdy, I asked:

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? 

 

There was no answer.

Roosevelt Island resident Roberta Kleiman has previously asked:

Please let's fix this broken system!

Dear RIOC Board,

How can we fix this????...

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.

Back to the Haynes/Robinson lawsuit.

As reported October 2, according to the Haynes/Robinson lawsuit: filed last September 12

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....

 And reported September 16, 2023:

... 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.

Read the full lawsuit complaint....

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....

Attorneys for the defendants opposed the requested stay and replied on November 13:

... 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....

On November 16, the Haynes/Robinson attorneys responded:

... 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

— Nick Garber (@nick_garber) September 21, 2023

Roosevelt Island residents have organized a petition drive 

demanding: 

A FUNCTIONING AND COMPETENT RIOC

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.

Roosevelt Island Tram Cabin Swinging Wildly While Suspended In Air Again Today, "Everyone Super Scared" Reports Resident - NYC Council Member Julie Menin Asks RIOC President To Review Incidents, RIOC President Replies "No Imminent Threat To The Health And Safety Of Our Passengers"

As reported September 28:

... A Tipster reported that last night about 8 PM the The Roosevelt Island tram cabin was rocking and shaking back and forth on it's way from Manhattan over the East River as it approached the Roosevelt Island station before safely landing. The Tipster did not know if it had anything to do with the Tram being out of service this morning.... 

Also, on October 20, the Tram cabin was swinging again.

View this post on Instagram

A post shared by Roosevelt (@rooseveltislander)

This afternoon, a Roosevelt Island resident sent me this text message. 

The resident adds:

Everyone super scared. It shook for a few minutes, maybe two? But very hard back and forth.

During the October 19, 2023 Community Board 8 Roosevelt Island Committee zoom meeting, Roosevelt Island Operating Corp (RIOC) Communications Director Bryant Daniels addressed the issue of the swaying Tram Cabins. According to Mr Daniels:

... during regular tram operations we can periodically get stops that might occur when the tram safety systems are sort of triggered for whatever reason. They tend to be short in time span and what ends up happening is, I just want to check my notes to make sure I'm getting this correctly, what happens is a trigger could happen. A stop may occur, the tram cabin may sway a bit,  but it's a controlled and safe reaction that's inherent to the Tram system design and it's not indicative of an unsafe situation...

Here's the full statement by Mr Daniels.

Earlier today, Roosevelt Island's NYC Council Member Julie Menin sent a letter to RIOC President Shelton Haynes expressing concern about these recent Tram shaking back and forth incidents. Ms Menin shares the letter. 

Dear President and CEO Haynes,

I am writing to express my concerns about the safety of the Roosevelt Island Tram. On October 20th, a passenger suffered from dizziness and headaches because of the tram cabin shaking back and forth in an excessive manner. On the same day, another passenger shared a video on social media of the tram cabin swinging while suspended in the air.

Roosevelt Island residents heavily rely on the Roosevelt Island Tram to access jobs, services, and entertainment in Manhattan and to access public transportatioN. The tram is even more vital now, as the Metropolitan Transportation Authority (MTA) conducts work on the 63rd Street Line, which limits subway service to the island. In addition, the tram allows thousands of tourists to visit the island to view the Manhattan skyline, enjoy the expansive green spaces, and make use of the multitude of amenities on the island.

I urge the Roosevelt Island Operating Corporation to review these recent incidents and all safety concerns addressed. It is critical that the safety and wellbeing of those visiting and living in Roosevelt Island is ensured by having the tram properly maintained. It should also have built-in redundancies and safeguards to protect against unexpected mechanical breakdowns and external conditions.

Mr Haynes responded today to Ms Menin. According to Mr Haynes:

Dear Honorable New York City Councilmember Menin,

I appreciate your concerns regarding the safety of the Roosevelt Island Tram. Your feedback is invaluable to us, and I want to assure you that we take the safety of our passengers very seriously.

We are aware of a video circulating on social media of the tram cabin swaying while suspended in the air. However, our constituent service department has not received any inquiries. After learning of the incident, we have been meeting with our vendor, Leiner POMA, to clarify this. Allow me to address these concerns and provide some insight into the situation.

The POMA Management team stated, “This tram undergoes very frequent inspections by the state to ensure code compliance, as well as many third-party inspections to ensure the highest of passenger safety. The Roosevelt Island Tramway has an excellent track record with most months reporting a 100% availability record, with overall availability at over 99.93% since the 2010 replacement. No injuries have been reported as a result of a tram malfunction to date. We take pride in this amazing machine and can assure you that the tram responded appropriately.”

Additionally, POMA informed RIOC that the issues you mentioned relate to a communications system message that can appear randomly and requires an employee to confirm the message. When this message appears and awaits acknowledgment from an employee, the Tram will stop, causing it to sway if it is already in operation.

They have emphasized that there is no imminent threat to the health and safety of our passengers. We are actively working with POMA, to address the communication systems messaging issue. Once it is resolved, we will send out an update to the public.

We would like to reemphasize that the Roosevelt Island Tram is a safe and functional mode of transportation. POMA staff are always on board and easily identifiable with RIOC branding. In the event of any issues or concerns, they will communicate in real-time with riders to ensure their comfort and safety.

Please rest assured that we are committed to the safety and well-being of those who rely on the Roosevelt Island Tram, whether for daily commuting, tourism, or any other purpose. We will continue to work diligently to maintain and improve the safety of this vital transportation link to Manhattan.

Thank you for sharing this concern with me, and please don't hesitate to reach out if you have any further questions or suggestions.

Here are the back and forth letters from Ms Menin and Mr Haynes.

UPDATE 11:30 PM - A Roosevelt Island resident reports:

Today (Wednesday Oct 25) traveling from Manhattan on the Tram at approximately 3:30pm the cabin started rocking wildly -- women started screaming, people reported nausea. Thankfully no one vomited. Also thankfully I was seated because that severity of rocking could cause a fall and possible injury.

RIOC advisories say "POMA has assured us that there is no risk to the health and safety of our passengers." -- I don't agree. Although I heard about the recent incidents of Tram uncontrollable rocking, nothing could prepare me for today's shocking experience.

I believe RIOC is minimizing the problem and not doing enough to corect it.

UPDATE 10/26 - Today I asked RIOC President Shelton Haynes:

It appears that the Tram stopping and swinging in mid air is happening much more than in the past.

Why is that?

Does RIOC keep metrics on how often this happens and has there been a recent increase in occurrences?

If you do have metrics, please send them over so I can include them in the story.

If you don't keep metrics, why not?

Will update if there is an answer.

RIOC President And General Counsel File Racial Discrimination Lawsuit Against Members Of NY Governor Kathy Hochul's Executive Chamber, DHCR Commissioner And Staff - Charge Local Elected Officials Krueger, Seawright & RI Daily With Contributing To Racist Backlash And New RIOC Directors Are Antagonistic

Roosevelt Island Operating Corp (RIOC) President Shelton Haynes has been absent from several recent events he would be expected to attend including the September 14 RIOC Board Of Directors meeting. 

During last Thursday's RIOC Board meeting, RIOC General Counsel Gretchen Robinson read out loud the written President's Report submitted by the missing Mr Haynes. According to Ms Robinson:

... This is from Shelton. A message from him, who is out sick unfortunately on extended leave...

Mr Haynes may be on extended leave for a while. 

On September 12, two days before Ms Robinson read the President's Report, both Mr Haynes and Ms 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.

Read the full lawsuit complaint.

During the September 14 RIOC Board meeting plantiff Gretchen Robinson was sitting next to and interacting with defendant Diana Lopez as shown in the video above. Also following the meeting, Ms Robinson was seen in a several minutes long discussion with defendants Diana Lopez and Allejandro Valella as well as RIOC Board Member Howard Polivy.

On September 15, RIOC released an internal investigation into allegations of improprieties made against Mr Haynes. Here are the findings.

 According to Mr Haynes:

pic.twitter.com/XvLwt9J4M9

— Shelton J Haynes (@sheltonjhaynes) September 16, 2023

 Apparently the Tweet was deleted. Here's a screenshot.

This story is still developing. Stay tune.

1940's Welfare Island City Hospital Laundry Room Benches Painted And Refinished For Roosevelt Island Senior Center Outdoor Garden By RIOC - RIHS And Senior Center Say Thank You Shelton

Roosevelt Island Historical Society (RIHS) President Judy Berdy and Carter Burden Network Roosevelt Island Older Adult Program Executive Director Lisa Fernandez report about chipped and peeling benches from the 1940's Welfare Island City Hospital Laundry Room being painted and refinished for the outdoor garden at the Senior Center by the Roosevelt island Operating Corp. (RIOC) after a conversation they had with RIOC President Shelton Haynes.

According to Ms Berdy:

... We've been after RIOC for a little bit over a year and saying could you please help us get them refinished and they finally came through.

Ms Fernandez adds: 

Shelton did a little tour of the Senior Center just to stop and say hello. He said what can we do for the Senior Center. I said come out to the garden,  how about the benches. He had them done within a week. Within two weeks they were both done and returned to us. 

So thank you Shelton.

Roosevelt Island Corruption Allegations Against RIOC President And Senior Staff By 3 Former Employees In Whistleblower Lawsuit Getting City Wide Attention In Crains NY Article - Assembly Member Seawright Says Reports Are "Alarming"And Demands "Transparency And Accountability From RIOC"

Crains NY Business reported yesterday:

Claims of 'chaos,' corruption engulf Roosevelt Island governing body https://t.co/ZDcbp5WXIU

— Crain's New York (@CrainsNewYork) April 4, 2023

Roosevelt Island @RIOCny corruption allegations finally getting city wide attention. Read the article. https://t.co/SCuyitX2uE

— Roosevelt Islander (@Rooseveltisland) April 4, 2023

Click here for the full article.

Yesterday, I asked NY State Governor Kathy Hochul and Roosevelt Island Operating Corp (RIOC) Board of Directors Chairperson (also Commissioner of NY State Homes and Community Renewal) Ruthanne Visnauskas:

Roosevelt Islander Online has previously reported on corruption allegations made by former RIOC employees against senior Rioc management including current Rioc President Shelton Haynes as well as a whistleblower lawsuit filed by former Rioc employees who allege they were fired because they reported their concerns to the NY State Inspector General.

Here and here for example.

Today Crain’s New York reported much of this information too. According to Crain's (article behind a paywall):

Three ex-employees of the state body that controls Roosevelt Island say their bosses steered public money toward a personal friend, concealed details about a drowning death, then fired whistleblowers who raised objections:

Does Governor Hochul have any comment on this matter of great concern to the Roosevelt Island community? Does the Governor have confidence in Shelton Haynes remaining as Rioc President?

A spokesperson for Governor Hochul answered:

We’ll decline comment due to the pending litigation.

I followed up:

I understand limitations caused by the lawsuit. 

But can you comment as to whether there is any investigation by the State regarding these charges and if Shelton Haynes will remain Rioc President while the allegations are pending?

These are very serious allegations of great concern to the Roosevelt Island community.

 Will update if there is a reply.

According to Roosevelt Island NY State Assembly Member Rebecca Seawright:

The reports made by whistleblowers, 3 former Roosevelt Island Operating Corporation (RIOC) employees are alarming. I along with my Roosevelt Island constituents continue to fight for transparency and accountability from RIOC, the governing agency.

Ms Seawright adds:

Roosevelt Islanders deserve quality representation that is responsive and transparent. When I and other elected officials received an anonymous report from RIOC employees on March 21, 2022, I immediately referred the complaint to the New York State Inspector General for appropriate follow-up and action. Constituents consistently report that the Roosevelt Island Operating Corporation (RIOC) has been unresponsive in the day to day operations of the agency. The dysfunction and veil of secrecy cited throughout the pending lawsuit is distressing and unacceptable. I will continue fighting to ensure RIOC is held accountable and that the people of Roosevelt Island receive the services and attention they most assuredly deserve.

Here's the lawsuit filed by former RIOC employees.

RIOC President Shelton Haynes did not respond to my request for comment on the matter.   

The Crains article adds:

... Through an attorney, Haynes and RIOC declined to be interviewed. Their attorney, Howard Miller, said in a statement that the allegations made against the corporation are “completely false and fabricated.” “The lawsuit itself is a means of exacting a settlement over the severance pay that was offered to the plaintiffs,” Miller said in a statement....

... RIOC has filed a motion to dismiss the suit, which remains pending. Meanwhile, in mid-March, the corporation hit back with its own defamation lawsuit against the three fired employees—the latest chapter in years of controversy that have clouded the agency’s work....

Claims of 'chaos,' corruption engulf #rooseveltisland #nyc governing body @sheltonjhaynes @RIOCny by @nick_garber , also thanks to excellent reporting by @RI_Daily and @Rooseveltisland for holding the feet to the fire https://t.co/b1nLTIp4ck

— Jonn Nubian ® (@JonnNubian) April 5, 2023

During the April 3, 2023 RIOC Board of Directors meeting, there was no mention by Mr Haynes or the Board Directors of any chaos or corruption allegations but there was a last minute item placed on the meeting agenda for an Executive Session (meaning, in secret and closed to the public) concerning pending litigation.

Nor did Mr Haynes address any of the corruption and management chaos allegations in his President's Report to the community. Instead he praised his RIOC team and noted that in 2 weeks he will be celebrating his 7th anniversary working at RIOC.

Here's the RIOC President's Report from Mr Haynes.

Stay tune for more to come.