Assembly Bill A9217A

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

                                  9217

                          I N  A S S E M B L Y

                              April 1, 2014
                               ___________

Introduced  by M. of A. AUBRY, BRAUNSTEIN, COOK, DenDEKKER, SCARBOROUGH,
  TITUS, CLARK, GOLDFEDER, HEVESI, MARKEY -- Multi-Sponsored by -- M. of
  A. SIMANOWITZ -- read once and referred to the Committee on  Libraries
  and Education Technology

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 TRUSTEES APPOINTED ON OR  AFTER  JANUARY  1,  2015
SHALL  BE APPOINTED FOR A PERIOD OF TWO YEARS, excepting 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 TRUSTEES 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 IF, IN ACCORDANCE WITH THE BY-LAWS ADOPTED  BY
THE  CORPORATION,  THERE  IS  REASONABLE  CAUSE  FOR SUCH REMOVAL.   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

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

                                                           LBD14219-04-4

A. 9217                             2

APPEAL TO ANY CAUSE FOR REMOVAL TO THE APPOINTING PARTY AND THE APPOINT-
ING PARTY SHALL REVIEW THE REASON FOR REMOVAL AND ANY RESPONSE SUBMITTED
TO  THE PARTY PRIOR TO THE REMOVAL OF SUCH PERSON. WHEN THE BOARD RECOM-
MENDS  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 TRUSTEE, 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 trustees thereof shall judge proper  for  the  accom-
plishment  of  the objects of the corporation, for the election of offi-
cers, 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 corpo-
ration 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 2. Chapter 164 of the laws of 1907 relating to the incorporation  of
the  Queens  Borough  Public  Library  is  amended  by  adding three new
sections 4-a, 9-b and 9-c to read as follows:
  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

A. 9217                             3

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.

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

                                 9217--B

                          I N  A S S E M B L Y

                              April 1, 2014
                               ___________

Introduced  by M. of A. AUBRY, BRAUNSTEIN, COOK, DenDEKKER, SCARBOROUGH,
  TITUS, CLARK, GOLDFEDER, HEVESI, MARKEY,  MILLER,  SIMOTAS,  ROZIC  --
  Multi-Sponsored by -- M. of A. SIMANOWITZ -- read once and referred to
  the  Committee  on  Libraries  and  Education  Technology -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported and referred to the Committee  on  Codes
  --  reported and referred to the Committee on Rules -- Rules Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules

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

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

                                                           LBD14219-13-4

A. 9217--B                          2

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-
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

A. 9217--B                          3

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 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.