NY State Senate Bill 2013-S7015

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2014	print number 7015b
Jun 09, 2014	amend and recommit to cities
Jun 04, 2014	print number 7015a
Jun 04, 2014	amend and recommit to cities
Apr 14, 2014	referred to cities

Bill Amendments

Original

B (Active)

2013-S7015 - Details

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

2013-S7015 - 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.

2013-S7015 - Sponsor Memo

                                BILL NUMBER:S7015

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
transparent 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-officio in their place
*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
business 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
accordance 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
accordance 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
trustees 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
relating 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
hearing, 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 employment 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
allowances and tuition reimbursements.

Sections five and six of the bill amend subdivisions 2 and 19,
respectively, 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,
questionable 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 operations.

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
Information 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.

2013-S7015 - Bill Text download pdf

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

                                  7015

                            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

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14637-05-4

S. 7015                             2

years,  PROVIDED, THAT TRUSTEES APPOINTED ON OR AFTER JANUARY FIRST, TWO
THOUSAND FIFTEEN 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] 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 COMMU-
NITY 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  RECOMMEND  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 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 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  TRUS-
TEE 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
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. 7015                             3

  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 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

S. 7015                             4

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:
  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.

2013-S7015A - Details

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

2013-S7015A - Summary

2013-S7015A - Sponsor Memo

                                BILL NUMBER:S7015A

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 transparent 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-officio 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
trustees.

* 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
business 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
accordance 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
accordance 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
trustees 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
relating 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
hearing, 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 employment 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
allowances and tuition reimbursements.

Sections five and six of the bill amend subdivisions 2 and 19,
respectively, 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, questionable 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.{1}

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 operations.


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
Information 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.

{1} 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.

2013-S7015A - Bill Text download pdf

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

                                 7015--A

                            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

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.
                                                           LBD14637-06-4

S. 7015--A                          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, excepting
that the mayor, comptroller, public  advocate,  ONE  EMPLOYEE  FROM  THE
QUEENS BOROUGH PUBLIC LIBRARY SYSTEM, 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]
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  RESI-
DENT  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  COMMU-
NITY  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  RECOMMEND  TO  THE  BOARD OF TRUSTEES REMOVAL OF A TRUSTEE WHOM SUCH
PARTY APPOINTED IF, IN ACCORDANCE WITH THE BY-LAWS ADOPTED BY THE CORPO-
RATION, 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  TRUS-
TEES  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 TRUS-
TEE 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
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

S. 7015--A                          3

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 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

S. 7015--A                          4

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:
  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

S. 7015--A                          5

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.

2013-S7015B (ACTIVE) - Details

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

2013-S7015B (ACTIVE) - Summary

2013-S7015B (ACTIVE) - 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.

2013-S7015B (ACTIVE) - Bill Text download pdf

                            
                    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.

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Tony Avella

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