S T A T E   O F   N E W   Y O R K
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                                 5253--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 11, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  recommitted  to  the  Committee on Local Government in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06962-03-6
              

S. 5253--A                          2

[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
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, 2016 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 APPOINT-
ING  PARTY  THAT  THE TRUSTEE HAS FAILED OR REFUSES TO CARRY INTO EFFECT
ITS EDUCATIONAL PURPOSE. THE APPOINTING PARTY SHALL NOT BE  REQUIRED  TO
OBTAIN  A  RECOMMENDATION  FROM THE BOARD TO REMOVE A TRUSTEE WHICH SUCH
PARTY APPOINTED. A TRUSTEE SUBJECT TO REMOVAL SHALL HAVE AN  OPPORTUNITY
TO  SUBMIT  A RESPONSE OR APPEAL WITHIN SEVEN BUSINESS DAYS TO ANY CAUSE
FOR REMOVAL TO THE APPOINTING  PARTY  AND  THE  APPOINTING  PARTY  SHALL
REVIEW  THE  REASON  FOR REMOVAL AND ANY RESPONSE SUBMITTED TO THE PARTY
PRIOR TO THE REMOVAL OF SUCH PERSON.  WHEN THE BOARD RECOMMENDS REMOVAL,
THE TRUSTEE SUBJECT TO REMOVAL MAY APPEAL TO BOTH APPOINTING PARTIES AND
EITHER APPOINTING PARTY MAY REMOVE THE TRUSTEE WHERE SUFFICIENT CAUSE IS
FOUND. WHEN ONE OF THE APPOINTING PARTIES RECOMMENDS REMOVAL OF A  TRUS-
TEE,  SUCH APPOINTING PARTY MUST PROVIDE THE SUBJECT TRUSTEE WITH NOTICE
AND AN OPPORTUNITY  TO  APPEAL,  PROVIDED,  HOWEVER,  THAT  THE  TRUSTEE
SUBJECT  TO REMOVAL BY AN APPOINTING BODY MAY SUBMIT A WRITTEN APPEAL TO
BOTH APPOINTING PARTIES FOR  REVIEW  AND  BOTH  PARTIES  MUST  AGREE  ON
REMOVAL  FOR SUCH REMOVAL TO BE EFFECTIVE. 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.
  S 2. Chapter 606 of the laws of 1902 relating to the incorporation  of
the Brooklyn public library and limiting and defining the powers thereof

S. 5253--A                          3

is  amended by adding four new sections 4-a, 5-a, 8-a and 8-b to read as
follows:
  S  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.
  S 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.
  S 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.
  S  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

S. 5253--A                          4

FROM  IMPROPERLY  INFLUENCING THE DELIBERATION OR VOTING ON SUCH MATTER.
ANY CONFLICTS OF INTEREST BROUGHT TO THE ATTENTION OF THE BOARD OF TRUS-
TEES OR THE AUDIT COMMITTEE SHALL BE DOCUMENTED IN THE  MINUTES  OF  ANY
MEETING AT WHICH SUCH CONFLICT WAS DISCUSSED.
  S 3. The board of trustees of the 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.
  S 4. This act shall take effect immediately.