senate Bill S7015B

Relates to the incorporation of the Queens Borough Public Library

download pdf

Sponsor

Bill Status


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

actions

  • 14 / Apr / 2014
    • REFERRED TO CITIES
  • 04 / Jun / 2014
    • AMEND AND RECOMMIT TO CITIES
  • 04 / Jun / 2014
    • PRINT NUMBER 7015A
  • 09 / Jun / 2014
    • AMEND AND RECOMMIT TO CITIES
  • 09 / Jun / 2014
    • PRINT NUMBER 7015B

Summary

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

do you support this bill?

Bill Details

Versions:
S7015
S7015A
S7015B
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
New York City Charter
Laws Affected:
Amd §§1 & 3, add §§3-a, 4-a, 9-b & 9-c, Chap 164 of 1907; amd §2601, NYC Chart; amd §86, Pub Off L

Sponsor Memo

BILL NUMBER:S7015B

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; to amend
the New York City Charter, in relation to public libraries; and to amend
the public officers law, in relation to the definition of agency

PURPOSE OR GENERAL IDEA OF BILL:

This bill will make necessary changes to the executive functioning of
the Queens Borough Public Library including long overdue changes that
will make the functioning of this largely public institution more trans-
parent and accountable to the citizens that it serves and who fund its
operations. The bill will also bring the Queens Borough Public Library,
the Brooklyn Public Library and the New York Public Library within the
jurisdiction of the New York City Conflicts of Interest Law and make
explicit that each of these entities are subject to the state and city
Freedom of Information Laws.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 1 of chapter 164 of the laws of
1907 relating to the incorporation of the Queens Borough Public Library,
as amended by chapter 495 of the laws of 1980, by adding a new § 1.b.
that will require a new board of trustees to be named on January 1, 2015
, provided that on or after such date, the number of trustees shall be
reduced to eleven.

Section two of the bill amends 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, by adding the following
new provisions:

*the term for trustees appointed on or after January 1, 2015 shall be
two years.

*allows ex-officio members to designate a representative to serve ex-of-
ficio in their place.

*creates the appointment of one employee from the Queens Borough Public
Library system to serve as an ex-officio member of the board of trus-
tees.

*the Queens Borough President shall appoint six trustees and the Mayor
shall appoint five trustees and each must notify the other appointing
party of who was appointed.

*trustees must be either a resident of Queens or own or operate a busi-
ness in Queens, have at least one trustee must be a certified public

accountant, at least one trustee must be a district manager of one of
the community boards in the borough of Queens, at least one trustee must
be a chair of one of the community boards in the borough of Queens, at
least two trustees must be persons who hold a master's degree in library
science or library and information studies from an accredited college or
university program.

*The appointing parties shall be authorized to recommend to the board of
trustees removal of a trustee whom such party appointed, if in accord-
ance with the by-laws adopted by the corporation, there is reasonable
cause for such removal. However, such recommendation must be agreed upon
by the other appointing party prior to any action being taken by the
board of trustees.

*The board of trustees may recommend removal of a trustee, if in accord-
ance with the by-laws adopted by the corporation, there is reasonable
cause for such removal.

*Within 10 days after a recommendation for removal of a trustee is made
by the board or an agreed upon recommendation for removal by the
appointing parties is received by the board, the trustee subject to a
recommendation of removal shall be given notice and an opportunity to
appeal the recommendation for removal in writing to the board of trus-
tees within 5 days of receipt of such notice. The board shall consider
the written appeal and make a final decision within 5 days of receipt of
such appeal and prior to any final action by the board on its on its own
recommendation for removal or the agreed upon recommendation for removal
by the appointing parties

Section three of the bill amends chapter 164 of the laws of 1907 relat-
ing to the incorporation of the Queens Borough Public Library by adding
the following new sections:

*§ 3-a.a. Requires that the trustees hold an annual public budget hear-
ing, provide a thirty day public comment period prior to the budget's
adoption and shall report all public and private revenue sources of
funding for the budget.

*§ 3-a.b. Provides specific provisions regarding how the public budget
hearing must be conducted and how notice must be provided to the public
in advance of the hearing.

*§ 4-a.a. Requires that the executive director and key library personnel
shall comply with financial disclosure requirements when federal, state,
county, town, village or city money is used to fund staff salaries. The
financial disclosure must be reported to the New York city conflict of
interest board.

*§ 4-a.b. Requires that the board of trustees adopt by-laws that limit
the type and extent of employment of the executive director and any key

library executive personnel may engage in outside their position with
the library and shall prohibit outside employment for any executive
director and key library executive personnel who receives a salary in
excess of $150,000. Furthermore, the executive director and key library
executive personnel must report any outside employment and such employ-
ment must be approved by the board.

*§ 4-a.c. Requires that the board of trustees adopt by-laws regarding
the approval for hiring and establishing policies for the compensation
of key library executive personnel.

*§ 9-b.a. Requires the board to appoint an audit committee to oversee
the library's accounting and financial report processes and annual
audits and all annual audits shall be published in a report and made
available on the library's website.

*§ 9-b.b. Requires the board to appoint an executive committee comprised
of a cross-section of the board of trustees and the board of trustees
shall abolish the administrative committee whose essential functions
shall be transferred to the executive committee.

*§ 9-b.c. Requires the board to appoint a labor committee to address
labor issues and oversee contracting out of services.

*§ 9-c. Requires the board to establish by-laws that prohibit a person
with a conflict of interest from participating in any deliberations or
voting on the matter giving rise to the conflict and existence of the
conflict must be brought to attention of board of trustees or audit
committee and documented in the minutes of the meeting at which such
conflict was discussed.

Section four of the bill requires the board of trustees of Queens
Borough Public Library to engage an outside consultant to conduct and
complete a comprehensive executive compensation study within ninety days
including a review of acceptable fringe benefits, including car allow-
ances and tuition reimbursements.

Sections five and six of the bill amend subdivisions 2 and 19, respec-
tively, of section 2601 of the New York City Charter, as added by a vote
of the people of the city of New York at the general election held in
November of 1988, by removing the exclusion of a public library from the
definition of agency and amending the definition of "public servant" to
include executive directors and key library executive personnel of the
Queens Borough Public Library, the Brooklyn Public Library and the New
York Public Library.

Section seven of the bill amends subdivision 3 of section 86 of the
public officers law, as added by chapter 933 of the laws of 1977, by
adding a new subdivision 3.b. to include the Queens Borough Public
Library, the Brooklyn Public Library and the New York Public Library
within the definition of agency thereby explicitly making these public

library entities subject to the freedom of information law provisions in
state and city law.

Section eight of the bill sets forth an immediate effective date.

JUSTIFICATION:

As a result of the recent discovery of an excessive annual salary, ques-
tionable outside employment and outrageous office renovations by the
Executive Director of the Queens Borough Public Library it is readily
apparent that much needed reform is required to strengthen oversight and
promote transparency within this fundamentally public institution that
receives tremendous amounts of public money from federal, state and city
governments.*

This legislation will take extensive steps in reforming the current law
governing Queens Borough Public Library, as described above, in order to
ensure that this institution is functioning in a way that is transparent
and accountable to the citizens that it serves and who fund its oper-
ations.

The legislation will also make all three major public libraries in the
city of New York, including the Queens Borough Public Library, the
Brooklyn Public Library and the New York Public Library subject to the
city's Conflict of Interest law and the state and city Freedom of Infor-
mation laws. This additional piece of the legislation is not meant to be
punitive to any of these important organizations. Instead it is meant to
recognize the major sources of public funding these entities enjoy and
the resulting obligation that they too be subject to the same ethics and
freedom of information requirements as all other quasi-public agencies
who must comply with these important laws.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

* According to the Queens Borough Public Library's annual report for the
fiscal year ending June 30, 2013, the library received $5.1 million from
the federal government, in addition to $88.8 million from the City of
New York and $9.2 million from the State of New York.

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

                                 7015--B

                            I N  S E N A T E

                             April 14, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- 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  committee  --  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;  to  amend
  the  New  York  City  Charter, in relation to public libraries; and to
  amend the public officers law, in relation to the definition of agency

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

  Section  1.  Section  1 of chapter 164 of the laws of 1907 relating to
the incorporation of the Queens Borough Public Library,  as  amended  by
chapter 495 of the laws of 1980, is amended to read as follows:
  Section  1.  A.  The following persons, to wit: The mayor, comptroller
and president of the city council of the city of New York and the presi-
dent of the borough of Queens, by virtue of their offices,  and  fifteen
additional  persons  who,  at the date of the passage of this act, shall
constitute the board of trustees of  the  "Queens  Borough  Library,"  a
corporation  incorporated  by the regents of the university of the state
of New York on March nineteen, eighteen  hundred  [and]  ninety-six,  as
amended  December  twenty-one, eighteen hundred [and] ninety-nine, under
the provisions of the laws of eighteen hundred [and] ninety-two, chapter
three hundred [and] seventy-eight, as amended by the  laws  of  eighteen
hundred  [and]  ninety-five, chapter eight hundred [and] fifty-nine, are
hereby constituted a body politic and corporate under and by the name of
"The Queens Borough Public Library," for the purpose of constructing and
maintaining libraries and a free public library system in the borough of
Queens in the city of New York.
  B. ON JANUARY FIRST, TWO THOUSAND FIFTEEN, A  NEW  BOARD  OF  TRUSTEES
SHALL BE NAMED, PROVIDED THAT ON OR AFTER SUCH DATE, THE NUMBER OF TRUS-
TEES SHALL BE REDUCED TO ELEVEN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14637-07-4

S. 7015--B                          2

  S  2.  Section  3  of  chapter 164 of the laws of 1907 relating to the
incorporation of the Queens Borough Public Library, as amended by  chap-
ter 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 TRUSTEES APPOINTED ON OR AFTER JANUARY FIRST, TWO
THOUSAND FIFTEEN SHALL BE APPOINTED FOR A PERIOD OF TWO YEARS, PROVIDED,
FURTHER, THAT SUCH TRUSTEES MAY ONLY SERVE A MAXIMUM OF FIVE CONSECUTIVE
TWO-YEAR TERMS, FOR A TOTAL OF A TEN-YEAR MAXIMUM,  excepting  that  the
mayor,  comptroller,  public  advocate,  ONE  EMPLOYEE  FROM  THE QUEENS
BOROUGH PUBLIC LIBRARY SYSTEM WHO SHALL BE APPOINTED  BY  THE  EXECUTIVE
DIRECTOR  OF  THE  EMPLOYEE  REPRESENTATIVE  ORGANIZATION, OR HIS OR HER
DESIGNEE, 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 REPRE-
SENTATIVE 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] BOROUGH of Queens SUCH THAT THE
PRESIDENT OF THE BOROUGH OF QUEENS SHALL APPOINT SIX  TRUSTEES  AND  THE
MAYOR  OF  THE  CITY  OF NEW YORK SHALL APPOINT FIVE TRUSTEES; PROVIDED,
HOWEVER, THAT TRUSTEES MUST BE EITHER A RESIDENT OF  QUEENS  OR  OWN  OR
OPERATE  A  BUSINESS  IN  QUEENS; AND PROVIDED FURTHER THAT AT LEAST ONE
TRUSTEE MUST BE A CERTIFIED PUBLIC ACCOUNTANT, ONE  TRUSTEE  MUST  BE  A
DISTRICT  MANAGER  OF  ONE  OF  THE  COMMUNITY  BOARDS IN THE BOROUGH OF
QUEENS, ONE TRUSTEE MUST BE A CHAIR OF ONE OF THE  COMMUNITY  BOARDS  IN
THE  BOROUGH  OF  QUEENS,  AND  TWO  TRUSTEES MUST BE PERSONS WHO HOLD A
MASTER'S DEGREE IN LIBRARY SCIENCE OR LIBRARY  AND  INFORMATION  STUDIES
FROM  AN  ACCREDITED COLLEGE OR UNIVERSITY PROGRAM; AND PROVIDED FURTHER
THAT THE APPOINTING PARTIES SHALL NOTIFY THE OTHER APPOINTING  PARTY  OF
WHO  WAS APPOINTED. THE APPOINTING PARTIES SHALL BE AUTHORIZED TO RECOM-
MEND TO THE BOARD OF TRUSTEES REMOVAL  OF  A  TRUSTEE  WHOM  SUCH  PARTY
APPOINTED IF, IN ACCORDANCE WITH THE BY-LAWS ADOPTED BY THE CORPORATION,
THERE  IS  REASONABLE CAUSE FOR SUCH REMOVAL.  HOWEVER, SUCH RECOMMENDA-
TION MUST BE AGREED UPON BY THE OTHER  APPOINTING  PARTY  PRIOR  TO  ANY
ACTION  BEING  TAKEN BY THE BOARD OF TRUSTEES. THE BOARD OF TRUSTEES MAY
RECOMMEND REMOVAL OF A  TRUSTEE,  IF  IN  ACCORDANCE  WITH  THE  BY-LAWS
ADOPTED  BY THE CORPORATION, THERE IS REASONABLE CAUSE FOR SUCH REMOVAL.
WITHIN TEN DAYS AFTER A RECOMMENDATION FOR REMOVAL OF A TRUSTEE IS  MADE
BY  THE  BOARD  OR  AN  AGREED  UPON  RECOMMENDATION  FOR REMOVAL BY THE
APPOINTING PARTIES IS RECEIVED BY THE BOARD, THE TRUSTEE  SUBJECT  TO  A
RECOMMENDATION  OF  REMOVAL  SHALL BE GIVEN NOTICE AND AN OPPORTUNITY TO
APPEAL THE RECOMMENDATION FOR REMOVAL IN WRITING TO THE BOARD  OF  TRUS-
TEES WITHIN FIVE DAYS OF RECEIPT OF SUCH NOTICE. THE BOARD SHALL CONSID-
ER  THE  WRITTEN  APPEAL  AND  MAKE A FINAL DECISION WITHIN FIVE DAYS OF
RECEIPT OF SUCH APPEAL AND PRIOR TO ANY FINAL ACTION BY THE BOARD ON ITS
OWN RECOMMENDATION FOR REMOVAL OR THE  AGREED  UPON  RECOMMENDATION  FOR
REMOVAL  BY  THE  APPOINTING PARTIES.   The corporation shall have power
from time to time to make such rules and  regulations  as  the  trustees
thereof  shall judge proper for the accomplishment of the objects of the
corporation, for the election of officers, for prescribing their respec-
tive 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

S. 7015--B                          3

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.
  S  3. 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 SHALL 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
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 FEDERAL GOVERNMENT OR 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  THAT  SHALL  BE
REPORTED TO THE NEW YORK CITY CONFLICT OF INTEREST BOARD AS SET FORTH IN
CLAUSE  7  OF  SUBPARAGRAPH A OF PARAGRAPH 3 OF SUBDIVISION B OF SECTION
12-110 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  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 AND SHALL PROHIBIT OUTSIDE EMPLOYMENT FOR ANY EXECUTIVE DIRECTOR
AND  ANY  KEY LIBRARY EXECUTIVE PERSONNEL WHO RECEIVES A STAFF SALARY IN
EXCESS OF ONE HUNDRED FIFTY THOUSAND DOLLARS. 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 EMPLOY-
MENT.
  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. 7015--B                          4

  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; ALL ANNU-
AL AUDITS SHALL BE PUBLISHED IN A  REPORT  AND  MADE  AVAILABLE  ON  THE
LIBRARY WEBSITE;
  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; AND
  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 PARTICIPATING IN ANY DELIBER-
ATIONS OR VOTING ON THE MATTER GIVING RISE TO THE CONFLICT.  THE BY-LAWS
SHALL ALSO PROHIBIT THE PERSON WITH THE CONFLICT FROM IMPROPERLY  INFLU-
ENCING  THE  DELIBERATION  OR  VOTING  ON  SUCH MATTER. ANY CONFLICTS OF
INTEREST BROUGHT TO THE ATTENTION OF THE BOARD OF TRUSTEES OR THE  AUDIT
COMMITTEE AND SHALL BE DOCUMENTED IN THE MINUTES OF ANY MEETING AT WHICH
SUCH CONFLICT WAS DISCUSSED.
  S  4. 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  5.  Subdivision  2 of section 2601 of the New York City Charter, as
added by a vote of the people of the city of New  York  at  the  general
election held in November of 1988, is amended to read as follows:
  2.  "Agency"  means a city, county, borough or other office, position,
administration, department, division, bureau, board, commission, author-
ity, corporation, advisory committee or other agency of government,  the
expenses  of  which are paid in whole or in part from the city treasury,
and shall include but not be limited to, the  council,  the  offices  of
each  elected official, the board of education, community school boards,
community boards, the financial services  corporation,  the  health  and
hospitals  corporation,  the public development corporation, and the New
York city housing authority, but shall not  include  any  court  or  any
corporation  or institution maintaining or operating a [public library,]
museum, botanical garden, arboretum, tomb, memorial building,  aquarium,
zoological garden or similar facility.
  S  6.  Subdivision 19 of section 2601 of the New York City Charter, as
added by a vote of the people of the city of New  York  at  the  general
election held in November of 1988, is amended to read as follows:
  19.  "Public  servant"  means all officials, officers and employees of
the city, including members of community boards [and], members of  advi-
sory committees, except unpaid members of advisory committees [shall not
be  public servants], AND ALL EXECUTIVE DIRECTORS AND KEY LIBRARY EXECU-
TIVE PERSONNEL FROM THE QUEENS  BOROUGH  PUBLIC  LIBRARY,  THE  BROOKLYN
PUBLIC LIBRARY AND THE NEW YORK PUBLIC LIBRARY.
  S  7. Subdivision 3 of section 86 of the public officers law, as added
by chapter 933 of the laws of 1977, is amended to read as follows:

S. 7015--B                          5

  3. "Agency" means:
  A. any state or municipal department, board, bureau, division, commis-
sion,  committee,  public authority, public corporation, council, office
or other governmental entity performing a  governmental  or  proprietary
function for the state or any one or more municipalities thereof, except
the judiciary or the state legislature[.]; AND
  B.  THE QUEENS BOROUGH PUBLIC LIBRARY, THE BROOKLYN PUBLIC LIBRARY AND
THE NEW YORK PUBLIC LIBRARY.
  S 8. 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.