2023 New York Laws › PBA - Public Authorities › Article 1 - Short Title › Title 2 - Authorities Budget Office › 6-A - Power to Suspend Local Authority Board Members and Executive Staff.

§  6-a.  Power  to suspend local authority board members and executive
staff. 1. The  authorities  budget  office  shall  have  the  authority,
subject  to  subdivision  two  of  this  section, to suspend one or more
members of a local authority board of directors, or the chief  executive
officer  or equivalent position of a local authority for a period not to
exceed ninety days when such individual or individuals  knowingly  fails
or  neglects  to  submit  any  report  required  by section twenty-eight
hundred of this chapter within thirty-six months of its  due  date.  The
authorities  budget  office is authorized to terminate such a suspension
if the board member or chief executive officer demonstrates that  he  or
she has remedied their non-compliance. For the purposes of this section,
the  "suspension"  of  an individual shall mean the temporary removal of
the rights, responsibilities, powers and duties of a person  who  is  an
appointed board member of a local authority or the individual who serves
as  chief  executive officer through appointment or contract. Should the
authorities budget office suspend the  full  board  of  directors  or  a
majority  of  current board members the term "suspension" shall mean the
board of directors is prohibited from taking actions, votes, or adopting
resolutions, that  bind  the  board  to  future  agreements,  contracts,
financial  commitments,  indebtedness,  or  other  actions,  other  than
actions necessary to resolve the noncompliance or satisfy existing legal
or administrative obligations.
2.  (a)  Pursuant  to  policies  and  procedures  developed   by   the
authorities  budget  office  and made available on its website, when the
authorities budget office has reason to believe that one or  more  board
members of a local authority has knowingly failed or neglected to submit
any  report  required  by  section  twenty-eight hundred of this chapter
within thirty-six months of its due date, the authorities budget  office
shall  provide  at  least  thirty days' notice of its intent to initiate
suspension proceedings to the chairperson of the local authority, to the
individual or individuals responsible for appointing such board members,
and to each such board member. If  the  authorities  budget  office  has
reason  to believe that the chief executive officer of a local authority
has knowingly failed or neglected  to  submit  any  report  required  by
section twenty-eight hundred of this chapter within thirty-six months of
its  due  date,  the  authorities  budget  office shall provide at least
thirty days' notice of its intent to initiate suspension proceedings  to
the  chairperson  of  the  local  authority  and  to the chief executive
officer. Such notice shall include, but shall not be limited to (i)  the
date   and  a  brief  description  of  the  facts  and  nature  of  each
non-compliance for which such suspension is proposed; (ii) the number of
days that the authorities budget office proposes to suspend  such  board
member  or  chief executive officer; (iii) the option to submit a formal
response to the authorities budget office which  demonstrates  why  such
board  member  or  chief  executive officer should not be suspended; and
(iv) if applicable, a period of time in which such  local  authority  or
board member or chief executive officer may remedy the non-compliance.
(b)  If,  after the expiration of the deadline set forth in the notice
of intent pursuant  to  subparagraph  (iv)  of  paragraph  (a)  of  this
subdivision,  the  board  member  or members or chief executive officer,
whichever is applicable, has not responded to  the  notice  or  has  not
remedied  the  non-compliance  to  the  satisfaction  of the authorities
budget  office,  the  authorities  budget  office  shall  issue  to  the
non-compliant  board  member  or  members  or  chief executive officer a
notice of suspension which shall include: (i)  the  number  of  days  of
suspension; and (ii) the date that such suspension shall commence, which
date  shall  be  at  least  one hundred eighty days from the date of the
issuance of the notice of suspension.
3. (a) Whenever the authorities budget office  has  suspended  one  or
more  board  members of a local authority, the individual or individuals
who appointed those board members may act to reinstate a suspended board
member. If the appointing authority is a legislative body or a member of
the  legislative  body, any action to reinstate a suspended board member
shall  occur  in  a  public  meeting  of  such  body  and  following  an
opportunity for the public to comment. Such action shall be deemed valid
upon  passage of a written resolution of reinstatement by a majority and
recorded vote of the legislative body. Such  resolution  shall  describe
the  facts  and  circumstances by which the legislative body has reached
this determination. If the appointing authority is the  chief  executive
official  of  the municipality for whose benefit the local authority was
created, any action to reinstate  a  suspended  board  member  shall  be
through  an official act of the chief executive official. Such act shall
be recorded in writing and shall describe the facts and circumstances by
which the chief executive official reached this determination.
(b) Whenever the authorities budget office  has  suspended  the  chief
executive  officer  of  a local authority, the chairperson of such local
authority may initiate action to reinstate the suspended chief executive
officer. Any action to reinstate a  suspended  chief  executive  officer
shall  occur in a public meeting of the board of directors and following
an opportunity for the public to comment. Such action  shall  be  deemed
valid  upon  passage  of  a  written  resolution  of  reinstatement by a
majority and recorded vote of  the  current  board  of  directors.  Such
resolution shall describe the facts and circumstances by which the board
of directors reached this determination.
(c)  For  the purposes of this section, "reinstatement" shall mean the
restoration of the rights, responsibilities,  powers  and  duties  of  a
board member or chief executive officer of a local authority.