NY State Senate Bill 2015-S5518A

Senate Bill S5518A

2015-2016 Legislative Session

Relates to conflicts of interest and freedom of information applicability to certain public libraries

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cities
Jun 08, 2015	print number 5518a
Jun 08, 2015	amend and recommit to cities
May 14, 2015	referred to cities

Bill Amendments

Original

A (Active)

2015-S5518 - Details

Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §2601, NYC Chart; amd §86, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1881
2019-2020: S4034
2021-2022: S1646
2023-2024: S1156

2015-S5518 - Summary

Relates to conflicts of interest and freedom of information applicability to the Brooklyn public library and the New York public library.

2015-S5518 - Sponsor Memo

                                BILL NUMBER:S5518

TITLE OF BILL:

An act 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 bring the Brooklyn Public Library and the New York Public
Library within the jurisdiction of the New York City Conflicts of Inter-
est Law and make explicit that each of these entities are subject to the
state and city Freedom of Information Laws.

SUMMARY OF PROVISIONS:

Sections one and two of the bill amends 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
Brooklyn Public Library and the New York Public Library.

Section three 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 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 four of the bill sets forth an immediate effective date.

JUSTIFICATION:

The legislation will make 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. While this legislation is
not meant to be punitive to either of these important institutions, it
recognizes the significant sources of public funding they each enjoy and
the public service they provide to millions of people throughout the
city. Given their funding structure and the public services provided
these libraries should 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.

2015-S5518 - Bill Text download pdf

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

                                  5518

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT 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. 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  2.  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 BROOKLYN PUBLIC LIBRARY AND THE NEW YORK  PUBLIC
LIBRARY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10991-02-5

S. 5518                             2

  S  3. 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 BROOKLYN PUBLIC LIBRARY AND THE NEW YORK PUBLIC LIBRARY.
  S 4. This act shall take effect immediately.

2015-S5518A (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §2601, NYC Chart; amd §86, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1881
2019-2020: S4034
2021-2022: S1646
2023-2024: S1156

2015-S5518A (ACTIVE) - Summary

Relates to conflicts of interest and freedom of information applicability to the Brooklyn public library and the New York public library.

2015-S5518A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5518A                      Revised 06/09/15

TITLE OF BILL:

An act 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 bring 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:

Sections one and two of the bill amends 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 Brooklyn Public Library and the New
York Public Library.

Section three 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 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 four of the bill sets forth an immediate effective date.

JUSTIFICATION:

The legislation will make 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. While this legislation is
not meant to be punitive to either of these important institutions, it
recognizes the significant sources of public funding they each enjoy
and the public service they provide to millions of people throughout
the city. Given their funding structure and the public services
provided these libraries should 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.

2015-S5518A (ACTIVE) - Bill Text download pdf

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

                                 5518--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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  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. 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 2. 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, AND ALL EXECUTIVE DIRECTORS AND KEY  LIBRARY  EXECUTIVE
PERSONNEL  FROM  THE  BROOKLYN  PUBLIC  LIBRARY  AND THE NEW YORK PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10991-03-5

S. 5518--A                          2

LIBRARY, except unpaid members  of  advisory  committees  shall  not  be
public servants.
  S  3. 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 BROOKLYN PUBLIC LIBRARY AND THE NEW YORK PUBLIC LIBRARY.
  S 4. This act shall take effect immediately.

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