STATE OF NEW YORK ________________________________________________________________________ 3869 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Ways and Means AN ACT authorizing the comptroller to appoint a state monitor to oversee the town of Oyster Bay and establishing the powers and duties of the state monitor; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Definitions. For the purposes of this act: 2 (a) "State monitor" or "monitor" shall mean the person appointed 3 pursuant to section two of this act, or an interim person appointed to 4 such position. 5 (b) "Board" shall mean the town board of the town of Oyster Bay. 6 (c) "Supervisor" shall mean the supervisor of the town of Oyster Bay. 7 § 2. Appointment. (a) The comptroller shall appoint a state monitor to 8 provide direct oversight of the fiscal policies, practices, programs and 9 decisions of the town of Oyster Bay, the town board and the supervisor, 10 within ninety days following the effective date of this act. The comp- 11 troller shall provide the monitor with technical support and assistance 12 for the purposes of carrying out his or her duties under this act, if 13 requested by the state monitor. The state monitor shall serve at the 14 pleasure of the comptroller. 15 (b) The comptroller shall have the authority to appoint a state moni- 16 tor on an interim basis during the search for a permanent appointment 17 and in the event of resignation, death, incapacity, or any other reason 18 which causes the monitor to be unable to perform his or her duties and 19 until such time as a permanent state monitor is appointed. Any state 20 monitor appointed on an interim basis shall have the powers and duties 21 of the state monitor contained in this act. 22 (c) The state monitor, including his or her staff, shall be paid a 23 fixed salary set by the comptroller and shall be reimbursed for actual EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06651-01-7A. 3869 2 1 expenses incurred in the performance of his or her duties including 2 travel and supplies. The costs associated with the implementation of 3 this act shall be borne by the town of Oyster Bay. 4 (d) Notwithstanding any other provision of general or special law, the 5 earnings limitations contained in any such general or special law, local 6 law and/or charter and applicable to the employment of persons in a 7 position or positions in public service in any calendar year while 8 retired and receiving a retirement allowance shall not apply to any 9 appointment authorized by this act. If applicable, the state monitor may 10 continue as retired and without loss, suspension or diminution of his or 11 her retirement allowance provided that such individual is granted a 12 waiver of retirement earnings limitation by the comptroller. 13 (e) For the purposes of this act, the state monitor and his or her 14 staff shall be considered state employees as defined in the public offi- 15 cers law. 16 § 3. State monitor powers. The state monitor shall have the power to: 17 (a) Propose a resolution or course of action to be considered by the 18 town board or supervisor if the state monitor finds that such resolution 19 or course of action is necessary in order to carry out his or her duties 20 required by this act and is necessary for the fiscal stability of the 21 town. If such resolution or course of action is proposed, the board must 22 vote on the proposed resolution or course of action within fourteen days 23 of receiving such resolution, or at the next regularly scheduled board 24 meeting. 25 (b) Review and make recommendations on the operation, management, 26 efficiency and productivity of the relevant municipality and any subsid- 27 iary organization. 28 (c) Issue bonds. 29 (d) Consult with the locality during the budget-making process and 30 make recommendations. The monitor shall have the authority to approve 31 or reject budgets and required multi-year financial plans. 32 (e) Comment on the proposed borrowings and collective bargaining 33 agreements. 34 (f) Override decisions by the board or supervisor if he or she finds 35 that such override is necessary in order to carry out his or her duties 36 required by this act and is necessary for the fiscal stability of the 37 town. The state monitor may override a decision by the board or supervi- 38 sor by issuing a directive, which must include specific findings as to 39 the necessity of such override. The board may appeal the state monitor's 40 override in accordance with section five of this act. 41 (g) Access all town documents and records. Town personnel shall 42 provide any and all documents requested by the state monitor or his or 43 her designee without charge, and the state monitor shall have access to 44 all electronic information systems, databases, and planning documents. 45 The monitor shall maintain the security and confidentiality of all 46 information protected from disclosure by federal or state law or regu- 47 lation. 48 (h) Direct the board and supervisor to undergo any training as deemed 49 necessary and pursuant to timelines established by the state monitor. 50 (i) Hire staff necessary to assist in carrying out the state monitor's 51 duties required by this act, subject to a staffing plan approved by the 52 comptroller. 53 (j) Hold public hearings or forums on town fiscal matters as he or she 54 deems necessary. 55 (k) Conduct any relevant studies, reports, and reviews of town fiscal 56 matters.A. 3869 3 1 § 4. State monitor duties. The state monitor shall have the following 2 duties: 3 (a) Develop and implement a five-year strategic fiscal improvement 4 plan in consultation with the comptroller and the board within six 5 months from the date of appointment. 6 1. The monitor shall hold at least one public hearing within the town, 7 prior to the certification of the plan by the state monitor, for the 8 purpose of presenting the contents of the improvement plan and seeking 9 public comment on its contents. The supervisor shall ensure that notice 10 for the public hearing or hearings are posted in a manner to maximize 11 the participation of residents. 12 2. The plan must establish a set of goals with appropriate benchmarks 13 and measurable objectives and identify strategies to address areas where 14 improvements are needed in financial stability. 15 3. The plan shall be publicly available at least fourteen days before 16 the hearing or hearings at which it will be presented and the supervisor 17 shall ensure that copies thereof shall be prepared and made available, 18 upon request, to residents within the town. 19 4. Following the hearing or hearings held pursuant to paragraph one of 20 this subdivision, but prior to certification of the improvement plan by 21 the state monitor, the state monitor shall publicly report to the board 22 an assessment of all public comments concerning the proposed plan and a 23 description of any changes made to such plan as a result of public 24 comments received. The certified plan must be submitted to the board, 25 comptroller, governor, the temporary president of the senate, and the 26 speaker of the assembly. 27 (b) Attend all meetings of the board including executive sessions. 28 The state monitor, or designee of the monitor, shall be deemed to be a 29 non-voting member of the board and shall be entitled to sit with board 30 members at all meetings of the board and participate in all board hear- 31 ings and meetings, and the supervisor shall be required to provide 32 adequate notice to the state monitor of all such meetings and hearings. 33 The state monitor shall ensure to the extent practicable that the board 34 conducts all meetings, including executive sessions, in compliance with 35 article 7 of the public officers law, and shall be authorized to seek 36 written advisory opinions from the committee on open government. 37 (c) Supervise the fiscal and operational management of the town, 38 including, but not limited to, oversight over the development of the 39 annual budget. 40 (d) Submit an annual report to the board, comptroller, governor, the 41 temporary president of the senate, and the speaker of the assembly on 42 the progress of the strategic fiscal improvement plan, actions undertak- 43 en by the monitor, any financial information the monitor deems appropri- 44 ate, and other town matters of importance. At the conclusion of the 45 monitor's appointment as determined by section seven of this act, the 46 state monitor shall issue a final report that includes long term recom- 47 mendations that address the unique needs of the town. 48 § 5. Appeal process for monitor decisions. Notwithstanding any other 49 law, rule or regulation to the contrary, all decisions made by the state 50 monitor, including decisions to overturn board and supervisor actions, 51 shall be final and conclusive unless and until modified or reversed in 52 an appeal to the comptroller pursuant to this section. When the board 53 alleges that a reversal of a board or supervisor decision by the state 54 monitor violates the regulations of the comptroller, or the terms of a 55 certified five-year strategic fiscal improvement plan, the board may 56 appeal by petition to the comptroller.A. 3869 4 1 § 6. Regulations. The comptroller shall be authorized to promulgate 2 regulations and immediately take such other actions as necessary to 3 implement the provisions of this act. 4 § 7. Appointment period. The appointment of the state monitor shall be 5 for a period of at least five years from the initial date of the state 6 monitor appointment. At the expiration of the initial appointment peri- 7 od, the comptroller shall have the authority to extend the appointment 8 for an additional period of time in intervals of one to five years, as 9 determined by the comptroller. The appointment may be extended, for a 10 term or terms as the comptroller deems necessary, consistent with the 11 repeal date of this act. 12 § 8. This act shall take effect immediately and shall expire and be 13 deemed repealed December 31, 2026.