S T A T E O F N E W Y O R K
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6227
2017-2018 Regular Sessions
I N A S S E M B L Y
February 28, 2017
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Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Libraries and Education Technology
AN ACT to amend chapter 606 of the laws of 1902 relating to the incorpo-
ration of the Brooklyn public library and limiting and defining the
powers thereof, in relation to membership and duties of the board of
trustees and oversight of certain executive personnel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 606 of the laws of 1902, relating to
the incorporation of the Brooklyn public library and limiting and defin-
ing the powers thereof, as amended by chapter 569 of the laws of 2007,
is amended to read as follows:
§ 2. Upon the designation and appointment of members of the said
corporation by the mayor of the city of New York and the president of
the borough of Brooklyn, and the election of the elected members of the
said corporation, as above provided, the said corporation shall organize
by the adoption of by-laws and the election of officers. The membership
thereof, other than the public officers who are members ex officio,
shall be divided by lot into three classes as nearly equal as may be, so
that the term of office of one of said classes shall expire upon the
first day of February in each of the next succeeding three years. After
the expiration of each such term, the term of office for which a member
of the corporation shall be appointed or elected shall be three years,
except that in case of a vacancy occurring otherwise than by the expira-
tion of a term, such vacancy shall be filled for the unexpired term
only. Any member shall, however, be eligible for reappointment or
reelection. In the case of any vacancy occurring among those members
originally appointed pursuant to [a] chapter 569 of the laws of 2007
[which amends section one of this act,] by the mayor of the city of New
York and in cases of their successors to be appointed upon the expira-
tion of their term, such vacancy shall be filled by appointment by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09664-01-7
A. 6227 2
mayor of the city of New York, and, in the case of any vacancy occurring
among those members originally appointed pursuant to [such] chapter 569
of the laws of 2007 by the president of the borough of Brooklyn and in
cases of their successors to be appointed upon the expiration of their
term, such vacancy shall be filled by appointment by the president of
the borough of Brooklyn, on the first day of February in each year or
within thirty days thereafter, or in cases of a vacancy existing other-
wise than by expiration of a term, shall be filled by appointment by the
ex officio member (or by his or her successor in office) who had last
appointed the non-ex officio member whose office has been vacated and is
to be filled, within thirty days after its occurrence. In the case of
any vacancy occurring among the elected members originally elected
pursuant to [such] chapter 569 of the laws of 2007, from the board of
trustees of the Brooklyn public library foundation, and in cases of
their successors to be elected upon the expiration of their term, such
vacancy shall be filled by election by the members of the board then in
office, who shall separately convene for such purpose, a majority of
those members then in office being a quorum, on the first day of Febru-
ary in each year or within thirty days thereafter, or for the purpose of
filling a vacancy existing otherwise than by expiration a term within
thirty days after its occurrence. ANY TRUSTEE APPOINTED TO A NEW TERM OR
FILLING A VACANCY ON OR AFTER JUNE 1, 2017 MUST BE EITHER A RESIDENT OF
BROOKLYN OR OWN OR OPERATE A BUSINESS IN BROOKLYN; AND PROVIDED FURTHER
THAT THE APPOINTING PARTY SHALL NOTIFY THE OTHER APPOINTING PARTY OF WHO
WAS APPOINTED. THE APPOINTING PARTY SHALL BE AUTHORIZED TO REMOVE A
TRUSTEE WHOM SUCH PARTY APPOINTED FOR MISCONDUCT, INCAPACITY, NEGLECT OF
DUTY, OR WHERE IT APPEARS TO THE SATISFACTION OF THE APPOINTING PARTY
THAT THE TRUSTEE HAS FAILED OR REFUSES TO CARRY INTO EFFECT ITS EDUCA-
TIONAL 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. Membership in the said corpo-
ration shall not operate to vacate any nonsalaried city office. The said
corporation shall make and publish an annual report in detail of its
proceedings and transactions for each year, including a full and
detailed statement of its revenues and expenses, and it shall furnish
copies thereof to the mayor, the council, the comptroller of the city of
New York and to the president of the borough of Brooklyn. THE BROOKLYN
PUBLIC LIBRARY SHALL BE SUBJECT TO ARTICLE 6 OF THE PUBLIC OFFICERS LAW.
§ 2. Chapter 606 of the laws of 1902 relating to the incorporation of
the Brooklyn public library and limiting and defining the powers thereof
is amended by adding four new sections 4-a, 5-a, 8-a and 8-b to read as
follows:
§ 4-A. A. THE TRUSTEES SHALL HOLD ANNUAL PUBLIC BUDGET HEARINGS,
PROVIDE A THIRTY DAY PUBLIC COMMENT PERIOD PRIOR TO ADOPTION OF THE
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BUDGET AND REPORT ALL REVENUE SOURCES OF FUNDING FOR THE BUDGET, BOTH
PUBLIC AND PRIVATE.
B. THE TESTIMONY PRESENTED AT SUCH PUBLIC BUDGET HEARING MAY BE
PRESENTED IN WRITING OR ORALLY, PROVIDED THAT THE TRUSTEES MAY MAKE
RULES DESIGNED TO EXCLUDE REPETITIVE, REDUNDANT OR IRRELEVANT TESTIMONY.
THE TRUSTEES SHALL MAKE A RECORD OF ALL TESTIMONY AT THE PUBLIC BUDGET
HEARINGS. FOR PURPOSES OF THIS SECTION "PUBLIC BUDGET HEARING" MEANS A
PUBLIC FORUM AT A PHYSICAL LOCATION, ATTENDED BY TRUSTEES AND THE
LIBRARY'S EXECUTIVE DIRECTOR OR THEIR DESIGNEES, WHERE ORAL TESTIMONY IS
ACCEPTED AND WRITTEN TESTIMONY MAY BE SUBMITTED FOR INCLUSION IN THE
RECORD. SUCH FORUM SHALL BE OPEN TO THE GENERAL PUBLIC FOR THE PRESENTA-
TION OF COMMENTS. SUCH HEARING SHALL BE COMMENCED UPON PROPER NOTICE TO
THE PUBLIC AT LEAST THIRTY DAYS PRIOR TO THE SCHEDULED HEARING DATE.
NOTICE OF THE PUBLIC BUDGET HEARING SHALL BE PROVIDED ON THE LIBRARY'S
WEBSITE, ON FLIERS POSTED INSIDE THE LIBRARY'S MAIN LOCATION AND IN EACH
OF ITS BRANCH LOCATIONS, AND IN ANY OTHER ALTERNATIVE MANNER CHOSEN BY
THE TRUSTEES.
§ 5-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.
§ 8-A. 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. LABOR RELATIONS COMMITTEE TO ADDRESS LABOR ISSUES AND OVERSEE THE
CONTRACTING OUT OF SERVICES.
§ 8-B. 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.
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§ 3. The board of trustees of the Brooklyn 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.
§ 4. This act shall take effect immediately.