senate Bill S6893B

Relates to the membership and duties of the board of trustees and the oversight of the executive director and key library executive personnel of the Queens Borough Public Library

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 26 / Mar / 2014
    • REFERRED TO CITIES
  • 23 / May / 2014
    • AMEND AND RECOMMIT TO CITIES
  • 23 / May / 2014
    • PRINT NUMBER 6893A
  • 05 / Jun / 2014
    • AMEND AND RECOMMIT TO CITIES
  • 05 / Jun / 2014
    • PRINT NUMBER 6893B

Summary

Relates to the membership and duties of the board of trustees and the oversight of the executive director and key library executive personnel of the Queens Borough Public Library.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9217B
Versions:
S6893
S6893A
S6893B
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
Queens County
Laws Affected:
Amd §3, add §§3-a, 4-a, 9-b & 9-c, Chap 164 of 1907

Sponsor Memo

BILL NUMBER:S6893B

TITLE OF BILL: An act to amend chapter 164 of the laws of 1907
relating to the incorporation of the Queens Borough Public Library, in
relation to the membership and duties of the board of trustees and the
oversight of the executive director and key library executive
personnel

PURPOSE OR GENERAL IDEA OF BILL: Alters the terms by which the Queens
Borough Public Library Trustees serve from five years to three,
provides for the removal of Trustees for misconduct, incapacity,
neglect of duty, or where it appears to the satisfaction of the
appointing party that the Trustee has failed or refused to carry into
effect its educational purpose. Requires that Trustees either be
residents of the borough of Queens or own or operate a business in the
borough of Queens. Also, reforms the committee structure by which the
Board of Trustees oversees the executive director and other library
personnel.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends Section 3
of chapter 164 of the laws of 1907 relating to the Queens Borough
Public Library altering the length of term per trustee to three years
to any newly appointed trustee on or after January 1, 2015 and
creating a process whereby a trustee can be removed from the board for
misconduct, incapacity, neglect of duty, or where it appears to the
satisfaction of the appointing party that the Trustee has failed or
refused to carry into effect its educational purpose. This section is
further amended to require that any trustee appointed to a new term or
filling a vacancy on or after June 1, 2014 must be either a resident
of Queens or own or operate a business in Queens. This section also
clarifies that the Queens Borough Public Library is subject to and has
always been subject to Article 6 of the Public Officers Law.

Chapter 164 of the laws of 1907 is also amended by adding sections 3-a
and 3-b, 4-a, 9-b, and 9-c. Section 3-a requires the Board of Trustees
to hold annual public budget hearings and further requires that they
provide a thirty day public comment period prior to the adoption of
the budget and report all revenue sources of funding for the budget.
3-b requires at least a thirty day notice of annual budget hearings
prior to the scheduled hearing date.

Section 9-a and 9-b require the alteration of the committee structure
by which the board of trustees oversees the Queens Borough Public
Library. These sections require the creation of an audit committee to
oversee the library's accounting and financial reporting process, the
creation of a labor committee to address labor issues and the
contracting out of services, the abolishment of the administrative
committee, and the creation of an executive committee to take on the
essential functions or duties of the administrative committee.

JUSTIFICATION: Recently, a number of issues have come to light
regarding the Queens Borough Public Library's ("QBPL") executive
director's salary, gaudy spending and the lack of proper oversight by
the Board of Trustees. Good governance and a well administered Board
of Trustees is crucial to an efficient and transparent library system.
The reforms detailed in this bill will improve the Board's oversight
and governance of the institution moving forward by restructuring the


board of trustees and its main governing committee. The bill also
requires several "best practice" reforms that include the creation of
an audit committee and a labor relations committee, the requirement
that key QBPL staff file financial disclosure forms, limiting the
outside employment of key QBPL staff and requiring QBPL Board of
Trustee approval of key QBPL staff before they are hired.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6893--B

                            I N  S E N A T E

                             March 26, 2014
                               ___________

Introduced by Sens. GIANARIS, SANDERS, ADDABBO, PERALTA, SAMPSON, SMITH,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Cities  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend chapter 164 of the laws of 1907 relating to the incorpo-
  ration  of  the  Queens  Borough  Public  Library,  in relation to the
  membership and duties of the board of trustees and  the  oversight  of
  the executive director and key library executive personnel

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3 of chapter 164 of the laws of  1907  relating  to
the  incorporation  of  the Queens Borough Public Library, as amended by
chapter 561  of the laws of 2002, is amended to read as follows:
  S 3. The corporation shall organize by the adoption of by-laws and the
election of officers. The by-laws shall provide for the terms of  office
of  the  trustees  of  the corporation, not to exceed the period of five
years, PROVIDED, THAT ANY TRUSTEE APPOINTED TO A NEW TERM  ON  OR  AFTER
JANUARY  1, 2015 SHALL BE APPOINTED FOR A PERIOD OF THREE YEARS, except-
ing that the mayor, comptroller, public advocate and speaker of the city
council of the city of New York and the  president  of  the  borough  of
Queens,  shall  at all times be members of the board ex-officio AND SUCH
EX-OFFICIO MEMBERS MAY DESIGNATE A REPRESENTATIVE TO SERVE EX-OFFICIO IN
HIS OR HER PLACE.  The trustees shall hereafter be chosen and  vacancies
occurring  in such office filled by an appointment which shall alternate
between the mayor of the city of New  York  and  the  president  of  the
Borough  of  Queens;  PROVIDED, HOWEVER, THAT ANY TRUSTEE APPOINTED TO A
NEW TERM OR FILLING A VACANCY ON OR AFTER JUNE 1, 2014 MUST BE EITHER  A
RESIDENT  OF QUEENS OR OWN OR OPERATE A BUSINESS IN QUEENS; AND PROVIDED
FURTHER THAT THE APPOINTING PARTY  SHALL  NOTIFY  THE  OTHER  APPOINTING
PARTY OF WHO WAS APPOINTED.  THE APPOINTING PARTY SHALL BE AUTHORIZED TO
REMOVE  A  TRUSTEE WHOM SUCH PARTY APPOINTED FOR MISCONDUCT, INCAPACITY,
NEGLECT OF DUTY, OR WHERE IT APPEARS TO THE SATISFACTION OF THE APPOINT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14219-14-4

S. 6893--B                          2

ING PARTY THAT THE TRUSTEE HAS FAILED OR REFUSES TO  CARRY  INTO  EFFECT
ITS  EDUCATIONAL PURPOSE.  THE APPOINTING PARTY SHALL NOT BE REQUIRED TO
OBTAIN A RECOMMENDATION FROM THE BOARD TO REMOVE A  TRUSTEE  WHICH  SUCH
PARTY APPOINTED.  A TRUSTEE SUBJECT TO REMOVAL SHALL HAVE AN OPPORTUNITY
TO  SUBMIT  A RESPONSE OR APPEAL WITHIN SEVEN BUSINESS DAYS TO ANY CAUSE
FOR REMOVAL TO THE APPOINTING  PARTY  AND  THE  APPOINTING  PARTY  SHALL
REVIEW  THE  REASON  FOR REMOVAL AND ANY RESPONSE SUBMITTED TO THE PARTY
PRIOR TO THE REMOVAL OF SUCH PERSON. WHEN THE BOARD RECOMMENDS  REMOVAL,
THE TRUSTEE SUBJECT TO REMOVAL MAY APPEAL TO BOTH APPOINTING PARTIES AND
EITHER APPOINTING PARTY MAY REMOVE THE TRUSTEE WHERE SUFFICIENT CAUSE IS
FOUND.  WHEN ONE OF THE APPOINTING PARTIES RECOMMENDS REMOVAL OF A TRUS-
TEE, SUCH APPOINTING PARTY MUST PROVIDE THE SUBJECT TRUSTEE WITH  NOTICE
AND  AN  OPPORTUNITY  TO  APPEAL,  PROVIDED,  HOWEVER,  THAT THE TRUSTEE
SUBJECT TO REMOVAL BY AN APPOINTING BODY MAY SUBMIT A WRITTEN APPEAL  TO
BOTH  APPOINTING  PARTIES  FOR  REVIEW  AND  BOTH  PARTIES MUST AGREE ON
REMOVAL FOR SUCH REMOVAL TO BE EFFECTIVE.   The corporation  shall  have
power  from time to time to make such rules and regulations as the trus-
tees thereof shall judge proper for the accomplishment of the objects of
the corporation, for the election of  officers,  for  prescribing  their
respective  functions and the mode of discharging the same, for imposing
and collecting dues, fines and contributions, for regulating  the  times
and  places  of meetings, and generally for the management and direction
of the affairs and concerns of the said corporation. The trustees  shall
have  absolute  control of the expenditure of all moneys appropriated by
the city of New York for the maintenance of libraries conducted,  or  to
be conducted by the corporation in the borough of Queens, and shall have
the power to appoint and fix the salaries of such officers and employees
as  they  shall  deem  necessary,  who,  unless  employed  under special
contract, shall hold their offices during the pleasure of the  trustees,
but  no trustee shall receive compensation as such, and the authority of
the trustees to so make and regulate expenditures for  maintenance,  and
their  right  to  select,  employ, fix salaries and discharge employees,
shall be absolute under this act, any acts of  the  legislature  of  the
state  of  New York to the contrary notwithstanding.  THE QUEENS BOROUGH
PUBLIC LIBRARY SHALL BE SUBJECT TO ARTICLE SIX OF  THE  PUBLIC  OFFICERS
LAW.
  S  2. Chapter 164 of the laws of 1907 relating to the incorporation of
the Queens Borough Public Library is amended by adding four new sections
3-a, 4-a, 9-b and 9-c to read as follows:
  S 3-A. A. THE TRUSTEES  SHALL  HOLD  ANNUAL  PUBLIC  BUDGET  HEARINGS,
PROVIDE  A  THIRTY  DAY  PUBLIC  COMMENT PERIOD PRIOR TO ADOPTION OF THE
BUDGET AND REPORT ALL REVENUE SOURCES OF FUNDING FOR  THE  BUDGET,  BOTH
PUBLIC AND PRIVATE.
  B.  THE  TESTIMONY  PRESENTED  AT  SUCH  PUBLIC  BUDGET HEARING MAY BE
PRESENTED IN WRITING OR ORALLY, PROVIDED  THAT  THE  TRUSTEES  MAY  MAKE
RULES DESIGNED TO EXCLUDE REPETITIVE, REDUNDANT OR IRRELEVANT TESTIMONY.
THE  TRUSTEES  SHALL MAKE A RECORD OF ALL TESTIMONY AT THE PUBLIC BUDGET
HEARINGS. FOR PURPOSES OF THIS SECTION "PUBLIC BUDGET HEARING"  MEANS  A
PUBLIC  FORUM  AT  A  PHYSICAL  LOCATION,  ATTENDED  BY TRUSTEES AND THE
LIBRARY'S EXECUTIVE DIRECTOR OR THEIR DESIGNEES, WHERE ORAL TESTIMONY IS
ACCEPTED AND WRITTEN TESTIMONY MAY BE SUBMITTED  FOR  INCLUSION  IN  THE
RECORD. SUCH FORUM SHALL BE OPEN TO THE GENERAL PUBLIC FOR THE PRESENTA-
TION OF COMMENTS.  SUCH HEARING SHALL BE COMMENCED UPON PROPER NOTICE TO
THE  PUBLIC  AT  LEAST  THIRTY DAYS PRIOR TO THE SCHEDULED HEARING DATE.
NOTICE OF THE PUBLIC BUDGET HEARING SHALL BE PROVIDED ON  THE  LIBRARY'S
WEBSITE, ON FLIERS POSTED INSIDE THE LIBRARY'S MAIN LOCATION AND IN EACH

S. 6893--B                          3

OF  ITS  BRANCH LOCATIONS, AND IN ANY OTHER ALTERNATIVE MANNER CHOSEN BY
THE TRUSTEES.
  S  4-A.  A. THE EXECUTIVE DIRECTOR AND KEY LIBRARY EXECUTIVE PERSONNEL
SHALL COMPLY WITH FINANCIAL DISCLOSURE REQUIREMENTS WHEN PUBLIC MONEY IS
USED TO FUND STAFF SALARIES. FOR THE PURPOSES OF THIS  SECTION,  "PUBLIC
MONEY"  SHALL MEAN MONEY FROM THE STATE OR COUNTY OR A TOWN, VILLAGE, OR
CITY. THE BOARD OF TRUSTEES  SHALL  ADOPT  BY-LAWS  REQUIRING  MANDATORY
ANNUAL  FINANCIAL  DISCLOSURES FROM THE EXECUTIVE DIRECTOR AND OTHER KEY
LIBRARY EXECUTIVE PERSONNEL.
  B. THE BOARD OF TRUSTEES SHALL ADOPT BY-LAWS  LIMITING  THE  TYPE  AND
EXTENT  OF  EMPLOYMENT THE EXECUTIVE DIRECTOR AND ANY KEY LIBRARY EXECU-
TIVE PERSONNEL MAY ENGAGE IN OTHER THAN HIS OR HER EMPLOYMENT  WITH  THE
LIBRARY.  SUCH  BY-LAWS SHALL REQUIRE THE EXECUTIVE DIRECTOR AND THE KEY
LIBRARY EXECUTIVE PERSONNEL TO REPORT ANY EMPLOYMENT OTHER THAN  HIS  OR
HER  EMPLOYMENT  WITH  THE  LIBRARY  TO  THE BOARD OF TRUSTEES AND SHALL
REQUIRE THE BOARD TO APPROVE SUCH EMPLOYMENT.
  C. THE BOARD OF TRUSTEES SHALL ADOPT BY-LAWS  REGARDING  THE  APPROVAL
FOR HIRING AND ESTABLISHING POLICIES FOR THE COMPENSATION OF KEY LIBRARY
EXECUTIVE PERSONNEL.
  S 9-B. THE BOARD OF TRUSTEES SHALL APPOINT:
  A. AN AUDIT COMMITTEE WHICH SHALL OVERSEE THE LIBRARY'S ACCOUNTING AND
FINANCIAL  REPORTING  PROCESSES  AND  ANNUAL AUDITS. THE AUDIT COMMITTEE
SHALL RETAIN AN AUDITOR, REVIEW THE SCOPE AND  PLANNING  OF  ALL  AUDITS
WITH THE AUDITOR AND REVIEW AND DISCUSS THE RESULTS. THE AUDIT COMMITTEE
SHALL  CONSIDER  THE  AUDITOR'S  PERFORMANCE AND INDEPENDENCE AND REPORT
ANNUALLY ON THE AUDITOR'S ACTIVITIES TO THE BOARD OF TRUSTEES.
  B. AN EXECUTIVE COMMITTEE WHICH SHALL BE COMPRISED OF A REPRESENTATIVE
CROSS-SECTION OF THE BOARD OF TRUSTEES.  THE  BOARD  OF  TRUSTEES  SHALL
ABOLISH  THE  ADMINISTRATIVE  COMMITTEE  AND  ANY ESSENTIAL FUNCTIONS OR
DUTIES OF SUCH COMMITTEE SHALL BE TRANSFERRED TO THE  EXECUTIVE  COMMIT-
TEE.
  C. A LABOR RELATIONS COMMITTEE TO ADDRESS LABOR ISSUES AND OVERSEE THE
CONTRACTING OUT OF SERVICES.
  S  9-C.  THE  BOARD  OF TRUSTEES SHALL ESTABLISH BY-LAWS PROHIBITING A
PERSON WITH A CONFLICT OF INTEREST FROM BEING PRESENT AT OR  PARTICIPAT-
ING  IN  ANY  DELIBERATIONS  OR  VOTING ON THE MATTER GIVING RISE TO THE
CONFLICT. THE BY-LAWS SHALL ALSO PROHIBIT THE PERSON WITH  THE  CONFLICT
FROM  IMPROPERLY  INFLUENCING THE DELIBERATION OR VOTING ON SUCH MATTER.
ANY CONFLICTS OF INTEREST BROUGHT TO THE ATTENTION OF THE BOARD OF TRUS-
TEES OR THE AUDIT COMMITTEE SHALL BE DOCUMENTED IN THE  MINUTES  OF  ANY
MEETING AT WHICH SUCH CONFLICT WAS DISCUSSED.
  S  3. The board of trustees of the Queens Borough Public Library shall
engage an outside consultant with the requisite expertise to conduct and
complete a comprehensive executive compensation study within ninety days
of the date this act shall have become a law. Such study shall  include,
but not be limited to, a review of acceptable fringe benefits, including
car allowances and tuition reimbursements.
  S 4. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.