Bill Text: NY A09217 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the membership and duties of the board of trustees and the oversight of the executive director and key library executive personnel of the Queens Borough Public Library.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2014-06-26 - signed chap.45 [A09217 Detail]

Download: New_York-2013-A09217-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9217
                                 I N  A S S E M B L Y
                                     April 1, 2014
                                      ___________
       Introduced  by M. of A. AUBRY, BRAUNSTEIN, COOK, DenDEKKER, SCARBOROUGH,
         TITUS, CLARK, GOLDFEDER, HEVESI, MARKEY -- Multi-Sponsored by -- M. of
         A. SIMANOWITZ -- read once and referred to the Committee on  Libraries
         and Education Technology
       AN ACT to amend chapter 164 of the laws of 1907 relating to the incorpo-
         ration  of  the  Queens  Borough  Public  Library,  in relation to the
         membership and duties of the board of trustees and  the  oversight  of
         the executive director and key library executive personnel
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3 of chapter 164 of the laws of  1907  relating  to
    2  the  incorporation  of  the Queens Borough Public Library, as amended by
    3  chapter 561  of the laws of 2002, is amended to read as follows:
    4    S 3. The corporation shall organize by the adoption of by-laws and the
    5  election of officers. The by-laws shall provide for the terms of  office
    6  of  the  trustees  of  the corporation, not to exceed the period of five
    7  years, PROVIDED, THAT TRUSTEES APPOINTED ON OR  AFTER  JANUARY  1,  2015
    8  SHALL  BE APPOINTED FOR A PERIOD OF TWO YEARS, excepting that the mayor,
    9  comptroller, public advocate and speaker of the city council of the city
   10  of New York and the president of the borough of  Queens,  shall  at  all
   11  times be members of the board ex-officio AND SUCH EX-OFFICIO MEMBERS MAY
   12  DESIGNATE A REPRESENTATIVE TO SERVE EX-OFFICIO IN HIS OR HER PLACE.  The
   13  trustees  shall  hereafter  be  chosen  and  vacancies occurring in such
   14  office filled by an appointment which shall alternate between the  mayor
   15  of  the  city  of  New  York and the president of the Borough of Queens;
   16  PROVIDED, HOWEVER, THAT TRUSTEES MUST BE EITHER A RESIDENT OF QUEENS  OR
   17  OWN  OR  OPERATE  A  BUSINESS  IN  QUEENS; AND PROVIDED FURTHER THAT THE
   18  APPOINTING PARTY SHALL NOTIFY THE OTHER  APPOINTING  PARTY  OF  WHO  WAS
   19  APPOINTED.  THE APPOINTING PARTY SHALL BE AUTHORIZED TO REMOVE A TRUSTEE
   20  WHOM SUCH PARTY APPOINTED IF, IN ACCORDANCE WITH THE BY-LAWS ADOPTED  BY
   21  THE  CORPORATION,  THERE  IS  REASONABLE  CAUSE  FOR SUCH REMOVAL.   THE
   22  APPOINTING PARTY SHALL NOT BE REQUIRED TO OBTAIN A  RECOMMENDATION  FROM
   23  THE  BOARD  TO  REMOVE  A TRUSTEE WHICH SUCH PARTY APPOINTED.  A TRUSTEE
   24  SUBJECT TO REMOVAL SHALL HAVE AN OPPORTUNITY TO  SUBMIT  A  RESPONSE  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14219-04-4
       A. 9217                             2
    1  APPEAL TO ANY CAUSE FOR REMOVAL TO THE APPOINTING PARTY AND THE APPOINT-
    2  ING PARTY SHALL REVIEW THE REASON FOR REMOVAL AND ANY RESPONSE SUBMITTED
    3  TO  THE PARTY PRIOR TO THE REMOVAL OF SUCH PERSON. WHEN THE BOARD RECOM-
    4  MENDS  REMOVAL,  THE  TRUSTEE  SUBJECT  TO  REMOVAL  MAY  APPEAL TO BOTH
    5  APPOINTING PARTIES AND EITHER APPOINTING PARTY MAY  REMOVE  THE  TRUSTEE
    6  WHERE  SUFFICIENT  CAUSE  IS  FOUND.  WHEN ONE OF THE APPOINTING PARTIES
    7  RECOMMENDS REMOVAL OF A TRUSTEE, SUCH APPOINTING PARTY MUST PROVIDE  THE
    8  SUBJECT  TRUSTEE  WITH  NOTICE  AND  AN OPPORTUNITY TO APPEAL, PROVIDED,
    9  HOWEVER, THAT THE TRUSTEE SUBJECT TO REMOVAL BY AN APPOINTING  BODY  MAY
   10  SUBMIT  A  WRITTEN APPEAL TO BOTH APPOINTING PARTIES FOR REVIEW AND BOTH
   11  PARTIES MUST AGREE ON REMOVAL FOR SUCH REMOVAL TO  BE  EFFECTIVE.    The
   12  corporation  shall  have  power from time to time to make such rules and
   13  regulations as the trustees thereof shall judge proper  for  the  accom-
   14  plishment  of  the objects of the corporation, for the election of offi-
   15  cers, for  prescribing  their  respective  functions  and  the  mode  of
   16  discharging  the  same,  for  imposing  and  collecting  dues, fines and
   17  contributions, for regulating the times  and  places  of  meetings,  and
   18  generally  for  the management and direction of the affairs and concerns
   19  of the said corporation. The trustees shall have absolute control of the
   20  expenditure of all moneys appropriated by the city of New York  for  the
   21  maintenance  of  libraries  conducted,  or to be conducted by the corpo-
   22  ration in the borough of Queens, and shall have the power to appoint and
   23  fix the salaries of such officers  and  employees  as  they  shall  deem
   24  necessary, who, unless employed under special contract, shall hold their
   25  offices  during  the  pleasure  of  the  trustees,  but no trustee shall
   26  receive compensation as such, and the authority of the  trustees  to  so
   27  make  and  regulate  expenditures  for  maintenance,  and their right to
   28  select, employ, fix salaries and discharge employees, shall be  absolute
   29  under  this act, any acts of the legislature of the state of New York to
   30  the contrary notwithstanding.
   31    S 2. Chapter 164 of the laws of 1907 relating to the incorporation  of
   32  the  Queens  Borough  Public  Library  is  amended  by  adding three new
   33  sections 4-a, 9-b and 9-c to read as follows:
   34    S 4-A. A. THE EXECUTIVE DIRECTOR AND KEY LIBRARY  EXECUTIVE  PERSONNEL
   35  SHALL COMPLY WITH FINANCIAL DISCLOSURE REQUIREMENTS WHEN PUBLIC MONEY IS
   36  USED  TO  FUND STAFF SALARIES. FOR THE PURPOSES OF THIS SECTION, "PUBLIC
   37  MONEY" SHALL MEAN MONEY FROM THE STATE OR COUNTY OR A TOWN, VILLAGE,  OR
   38  CITY.  THE  BOARD  OF  TRUSTEES  SHALL ADOPT BY-LAWS REQUIRING MANDATORY
   39  ANNUAL FINANCIAL DISCLOSURES FROM THE EXECUTIVE DIRECTOR AND  OTHER  KEY
   40  LIBRARY EXECUTIVE PERSONNEL.
   41    B.  THE  BOARD  OF  TRUSTEES SHALL ADOPT BY-LAWS LIMITING THE TYPE AND
   42  EXTENT OF EMPLOYMENT THE EXECUTIVE DIRECTOR AND ANY KEY  LIBRARY  EXECU-
   43  TIVE  PERSONNEL  MAY ENGAGE IN OTHER THAN HIS OR HER EMPLOYMENT WITH THE
   44  LIBRARY. SUCH BY-LAWS SHALL REQUIRE THE EXECUTIVE DIRECTOR AND  THE  KEY
   45  LIBRARY  EXECUTIVE  PERSONNEL TO REPORT ANY EMPLOYMENT OTHER THAN HIS OR
   46  HER EMPLOYMENT WITH THE LIBRARY TO  THE  BOARD  OF  TRUSTEES  AND  SHALL
   47  REQUIRE THE BOARD TO APPROVE SUCH EMPLOYMENT.
   48    C.  THE  BOARD  OF TRUSTEES SHALL ADOPT BY-LAWS REGARDING THE APPROVAL
   49  FOR HIRING AND ESTABLISHING POLICIES FOR THE COMPENSATION OF KEY LIBRARY
   50  EXECUTIVE PERSONNEL.
   51    S 9-B. THE BOARD OF TRUSTEES SHALL APPOINT:
   52    A. AN AUDIT COMMITTEE WHICH SHALL OVERSEE THE LIBRARY'S ACCOUNTING AND
   53  FINANCIAL REPORTING PROCESSES AND ANNUAL  AUDITS.  THE  AUDIT  COMMITTEE
   54  SHALL  RETAIN  AN  AUDITOR,  REVIEW THE SCOPE AND PLANNING OF ALL AUDITS
   55  WITH THE AUDITOR AND REVIEW AND DISCUSS THE RESULTS. THE AUDIT COMMITTEE
       A. 9217                             3
    1  SHALL CONSIDER THE AUDITOR'S PERFORMANCE  AND  INDEPENDENCE  AND  REPORT
    2  ANNUALLY ON THE AUDITOR'S ACTIVITIES TO THE BOARD OF TRUSTEES.
    3    B. AN EXECUTIVE COMMITTEE WHICH SHALL BE COMPRISED OF A REPRESENTATIVE
    4  CROSS-SECTION  OF  THE  BOARD  OF  TRUSTEES. THE BOARD OF TRUSTEES SHALL
    5  ABOLISH THE ADMINISTRATIVE COMMITTEE  AND  ANY  ESSENTIAL  FUNCTIONS  OR
    6  DUTIES  OF  SUCH COMMITTEE SHALL BE TRANSFERRED TO THE EXECUTIVE COMMIT-
    7  TEE.
    8    C. A LABOR RELATIONS COMMITTEE TO ADDRESS LABOR ISSUES AND OVERSEE THE
    9  CONTRACTING OUT OF SERVICES.
   10    S 9-C. THE BOARD OF TRUSTEES SHALL  ESTABLISH  BY-LAWS  PROHIBITING  A
   11  PERSON  WITH A CONFLICT OF INTEREST FROM BEING PRESENT AT OR PARTICIPAT-
   12  ING IN ANY DELIBERATIONS OR VOTING ON THE  MATTER  GIVING  RISE  TO  THE
   13  CONFLICT.  THE  BY-LAWS SHALL ALSO PROHIBIT THE PERSON WITH THE CONFLICT
   14  FROM IMPROPERLY INFLUENCING THE DELIBERATION OR VOTING ON  SUCH  MATTER.
   15  ANY CONFLICTS OF INTEREST BROUGHT TO THE ATTENTION OF THE BOARD OF TRUS-
   16  TEES  OR  THE  AUDIT COMMITTEE SHALL BE DOCUMENTED IN THE MINUTES OF ANY
   17  MEETING AT WHICH SUCH CONFLICT WAS DISCUSSED.
   18    S 3. The board of trustees of the Queens Borough Public Library  shall
   19  engage an outside consultant with the requisite expertise to conduct and
   20  complete a comprehensive executive compensation study within ninety days
   21  of  the date this act shall have become a law. Such study shall include,
   22  but not be limited to, a review of acceptable fringe benefits, including
   23  car allowances and tuition reimbursements.
   24    S 4. This act shall take effect immediately.