NY State Senate Bill 2017-S4595

Senate Bill S4595

2017-2018 Legislative Session

Relates to the membership and duties of the board of trustees and the oversight of the executive director of the Brooklyn Public Library

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Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to local government
Feb 21, 2017	referred to local government

co-Sponsors

2017-S4595 (ACTIVE) - Details

See Assembly Version of this Bill:: A6227
Current Committee:: Senate Local Government
Law Section:: Kings County
Laws Affected:: Amd §2, add §§4-a, 5-a, 8-a & 8-b, Chap 606 of 1902
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5253
2019-2020: S754

2017-S4595 (ACTIVE) - Summary

Relates to the membership and duties of the board of trustees and the oversight of the executive director of the Brooklyn Public Library.

2017-S4595 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4595

 TITLE OF BILL :  An act to amend chapter 606 of the laws of 1902
relating to the incorporation 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

 PURPOSE OR GENERAL IDEA OF BILL :

Alters the terms by which the Brooklyn Public Library Trustees serve
from five years to three, provides for the removal of Trustees for
misconduct, incapacity, neglect of duty, or where it appears to the
satisfaction of the appointing party that the Trustee has failed or
refused to carry into effect its educational purpose. Also, reforms
the committee structure by which the Board of Trustees oversees the
executive director and other library personnel.

 SUMMARY OF SPECIFIC PROVISIONS :


Section 1 of the bill amends Section 2 of chapter 606 of the laws of
1902 relating to the Brooklyn Borough Public Library by requiring that
any trustee appointed to a new term or filling a vacancy on or after
June 1, 2015 must be either a resident of Brooklyn or own or operate a
business in Brooklyn. The new section also establishes guidelines for

removing a trustee who does not fulfill for various reasons the
Library's intended educational purpose. This section also clarifies
that the Brooklyn Public Library shall be subject to Article 6 of the
Public Officers Law.

Chapter 606 of the laws of 1902 is amended by adding four new sections
4-a and 5-a, 8-a and 8-b to (1) require the Board of Trustees to hold
annual public budget hearings, provide a thirty day public comment
period prior to adoption of the budget, and report revenue sources;

(2) allow the testimony to be presented in writing or orally; (3)
require the executive director and key library personnel to comply
with financial disclosure requirements when public money is used to
fund staff salaries; (4) require the Board of Trustees to appoint an
audit committee which shall oversee the library's accounting financial
reporting processes and annual audits; (5) require the Board of
Trustees to adopt by-laws limiting the type and extent of employment
in which the executive director and any key library executive
personnel may engage, as well as policies for hiring and providing
compensation for key personnel, and ensuring policies to prevent
persons demonstrating a conflict of interest from serving in various
capacities.

 JUSTIFICATION :

This bill is modeled after a 2014 law authored by Senator Michael
Gianaris (D-Queens) that addressed oversight and other related issues
impacting the Queens Borough Public Library. Good governance and a
well administered Board of Trustees are crucial to an efficient and
transparent library system. The reforms detailed in this bill will
enhance the Board's oversight and governance of the institution moving
forward by restructuring the board of trustees and its main governing
committee, as well as other "best practice" reforms.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4595 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4595
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by Sens. MONTGOMERY, COMRIE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09664-01-7

 S. 4595                             2
 
 tion of their term, such vacancy shall be filled by appointment  by  the
 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:

 S. 4595                             3
 
   §  4-A.  A.  THE  TRUSTEES  SHALL  HOLD ANNUAL PUBLIC BUDGET HEARINGS,
 PROVIDE A THIRTY DAY PUBLIC COMMENT PERIOD  PRIOR  TO  ADOPTION  OF  THE
 BUDGET  AND  REPORT  ALL REVENUE SOURCES OF FUNDING FOR THE BUDGET, BOTH
 PUBLIC AND PRIVATE.
   B.  THE  TESTIMONY  PRESENTED  AT  SUCH  PUBLIC  BUDGET HEARING MAY BE
 PRESENTED IN WRITING OR ORALLY, PROVIDED  THAT  THE  TRUSTEES  MAY  MAKE
 RULES DESIGNED TO EXCLUDE REPETITIVE, REDUNDANT OR IRRELEVANT TESTIMONY.
 THE  TRUSTEES  SHALL MAKE A RECORD OF ALL TESTIMONY AT THE PUBLIC BUDGET
 HEARINGS. FOR PURPOSES OF THIS SECTION "PUBLIC BUDGET HEARING"  MEANS  A
 PUBLIC  FORUM  AT  A  PHYSICAL  LOCATION,  ATTENDED  BY TRUSTEES AND THE
 LIBRARY'S EXECUTIVE DIRECTOR OR THEIR DESIGNEES, WHERE ORAL TESTIMONY IS
 ACCEPTED AND WRITTEN TESTIMONY MAY BE SUBMITTED  FOR  INCLUSION  IN  THE
 RECORD. SUCH FORUM SHALL BE OPEN TO THE GENERAL PUBLIC FOR THE PRESENTA-
 TION  OF COMMENTS. SUCH HEARING SHALL BE COMMENCED UPON PROPER NOTICE TO
 THE PUBLIC AT LEAST THIRTY DAYS PRIOR TO  THE  SCHEDULED  HEARING  DATE.
 NOTICE  OF  THE PUBLIC BUDGET HEARING SHALL BE PROVIDED ON THE LIBRARY'S
 WEBSITE, ON FLIERS POSTED INSIDE THE LIBRARY'S MAIN LOCATION AND IN EACH
 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-

 S. 4595                             4
 
 TEES  OR  THE  AUDIT COMMITTEE SHALL BE DOCUMENTED IN THE MINUTES OF ANY
 MEETING AT WHICH SUCH CONFLICT WAS DISCUSSED.
   § 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.

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Senate Bill S4595

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