THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
TO: |
The Honorable the Members of the Board of RegentsCultural
Education Committee |
FROM: |
Carole Huxley |
SUBJECT: |
Trusteeship
Meeting |
DATE: |
May 30, 2006 |
STRATEGIC
GOAL: |
Goals 2,3,4
and 5 |
AUTHORIZATION(S): |
|
Are the plans, funding and operations of the State Archives, State
Library and
The second meeting of the Cultural Education Committee in its trusteeship
role will focus on issues related to the new Cultural Education Trust Fund ($40
million), as well as a review of the operating budget for the institutions,
staffing capacity and educational programming.
Procedural
History
At their annual retreat last July, after the review of a trusteeship
document Regent Dawson distributed to the Board (Appendix I), the Regents agreed
that exercising its role as trustees for the three major cultural institutions
under its direct oversight required an extended meeting at least three times a
year. That meeting would be specifically devoted to the Regents fiduciary
responsibilities. The June trusteeship meeting follows directly after the
conclusion of the regular June Regents meeting. The third meeting of the year
will be in October.
In the recently passed budget for 2006/7, the work of several years by
the Regents and the OCE leadership came to fruition with $40 million made
available to renew the exhibit program in the Museum and to begin work on a new
facility for research and collections. Along with the funding authorization, the
bill called for the establishment of a Cultural Education Trust, with a Board of
5 persons (Appendix II). The Trust Board will approve and recommend to the Board
of Regents the plans for both the renewal and the new facility for the Regents
approval. Appendix III is a short
report on the status of plans for the new facility and for the renewal of the
Museum.
Of the five members, the Governor and each
branch of the legislature appoint one member. The Board includes two Regents;
the Chancellor serves as Chair and an additional member from the Regents is to
be appointed by the Commissioner.
At your meeting, we will review the role of the Trust Board and its
relationship with the Board of Regents, as well as the funding purposes and
restrictions.
Appendix IV gives the operating budgets of
the three institutions for 2006/7 and related information on sources of funding.
Discussion will center on the alignment of funding and staff with the
institutional priorities. The
Committee will also have an opportunity to review the educational programs of
the Museum, Library and Archives and to interact with the staff that organizes
these efforts before returning to the conference room to raise additional issues
and recommend to the Chair agenda items for the October meeting.
Appendix V is the Trusteeship agenda for the
June meeting.
The Regents should direct
the staff in development of any additional information needed in advance of the
possible opportunity to consider the Cultural Education Trust Board’s
recommendations for the new research and collections facility and the renewal of
the Museum exhibits in October.
Timetable for
Implementation
Cultural Education
Trust:
If the Cultural Education Trust Board is in place by mid summer with
enough time to review and approve plans for presentation to you in October, the
implementation of those plans would begin almost immediately after your
approval. Both will be multi-year
plans with benchmarks to be determined within each plan.
2007/2008 Budget:
Approval of the Regents budget recommendations for 2007/8 related to the
operations of the Archives, Library and Museum will be a part of your approval
in September of the overall SED budget request.
Attachments
Appendix I
Cultural Institutions’ Trusteeship
Cultural institutions operate in
the public interest. If they hold collections - whether books, documents and
manuscripts, artifacts or specimens - they do so in trust for, and on behalf of,
the public. That is true whether they are private non-profit institutions or
publicly funded ones. Local, state and Federal governments forgo substantial
revenues by exempting them from property or income tax, subsidizing them, and
often providing them additional public funds, in return for their stewardship
and services to the public.
Therefore, trustees of these institutions must see themselves as agents
of the public, ensuring that all policy, fiscal and programmatic decisions serve
public, not private, interests. The trustee’s fiduciary responsibility is
expressed in standards now being considered by the Regents for amended
regulations. The elements of trustee responsibility as they apply to the State
Archives, Library and Museum include:
Ø
Compliance with
all local, state and federal laws and regulations.
Ø
Adoption of a
clear mission statement.
Ø
Priorities that
align with the statement.
Ø
Securing
sufficient financial and physical resources to achieve the mission and to meet
generally accepted operational and stewardship standards.
Ø
A clear
board-approved code of ethics and conflict of interest policy, reviewed and signed by trustees
annually.
Ø
Annual budget
approved and financial statements regularly reviewed by the
board.
Ø
Formal financial
policies and a board-constituted audit committee, with an annual independent
audit.
Ø
A
well-maintained and accessible facility.
Ø
An adopted
emergency action and disaster preparedness plan.
Ø
A written
collections care and management plan, meeting generally accepted professional
standards.
Ø
Educational and
informational programs, services and access commensurate with its mission and
with generally accepted standards.
Ø
Personal support
of the institution and advocacy for financial support from
others.
Ø
Full knowledge
and study of the issues before the board.
Ø
Appoint and
support the chief executive officer and staff and holding them accountable for
results.
Ø
Promote
diversity on the board and among staff.
Ø
A written
collections development (scope of collecting) and deaccessioning plan, meeting
generally accepted professional
standards.
Appendix II
TITLE P
8 NEW YORK STATE CULTURAL EDUCATION TRUST
9 ARTICLE 40
10 NEW YORK STATE CULTURAL EDUCATION TRUST
11 Section 40.01. Short title.
12 40.03. Definitions.
13 40.05. New York state cultural education trust.
14 40.07. Purpose of trust.
15 40.09. Reports.
16 40.11. Assistance of other agencies.
17 40.13. Members not to profit.
18 § 40.01. Short title. This title shall be known and may be cited as
19 the "New York state cultural education trust act".
20 § 40.03. Definitions. When used or referred to in this title, unless
21 otherwise specified, the following terms shall have the following mean-
22 ing:
23 1. "Trust" shall mean the trust created by section 40.05 of this
24 title.
25 2. "Board" shall mean the board of the trust created by section 40.05
26 of this title.
27 3. "Board of regents" shall mean the board of regents of the universi-
28 ty of the state of New York.
29 § 40.05. New York state cultural education trust. 1. A trust to be
30 known as the "New York state cultural education trust" is hereby created
31 under the jurisdiction of the state education department and its exist-
32 ence shall commence with the appointment of the members of the board as
33 provided herein.
34 2. The board shall consist of five members as follows: the chancellor
35 of the board of regents of the university of the state of New York, who
36 shall serve as the chair; one member of the board of regents, to be
37 appointed by the commissioner of education; one member appointed by the
38 governor; one member appointed by the majority leader of the senate; and
39 one member appointed by the speaker of the assembly. Members of the
40 board, other than the representative of the board of regents, shall be
41 appointed to the board based on their knowledge and background as rele-
42 vant to the purposes of the trust, or, due to their experience and know-
43 ledge in the fields of New York state history, collection display and
44 management or other related fields.
45 3. The member of the board of regents appointed to the board shall
46 serve at the pleasure of the commissioner of education and shall serve a
47 term equivalent to his or her term as a member of the board of regents.
48 The commissioner may reappoint the same member of the board of regents
49 as his or her appointee for so long as such regent remains a member of
50 the board of regents.
51 4. The initial terms of the appointees of the governor, the speaker of
52 the assembly and the majority leader of the senate shall be staggered,
53 with the governor's appointment expiring after one year, the majority
54 leader of the senate's appointment expiring after two years and the
A. 10256 46
1 speaker of the assembly's appointment expiring after three years. All
2 subsequent appointments shall be for three years.
3 5. Members may be reappointed and may serve two consecutive full
4 terms, in addition to the terms of their original appointments, but not
5 more than nine consecutive years. Each member shall continue in office
6 until such member's successor has been appointed and qualifies. Such
7 continuation in office shall not be counted in determining whether a
8 member has served nine consecutive years. In the event of a vacancy
9 occurring in the office of any member of the board, other than by the
10 expiration of a member's term, such vacancy shall be filled for the
11 balance of the unexpired term, if applicable, in the same manner as the
12 original appointment.
13 6. The members of the board shall serve without compensation, but
14 shall be entitled to reimbursement of their actual and necessary
15 expenses incurred in the performance of their official duties.
16 7. The powers of the trust shall be vested in and exercised by a
17 majority of the members thereof.
18 § 40.07. Purpose of the trust. The purpose of the trust shall be to
19 prepare and recommend a plan, in cooperation with the commissioner of
20 education, to the director of the budget regarding projects to enhance
21 the public display of the collections and exhibits of the state museum,
22 library and archives.
23 § 40.09. Reports. Not later than ninety days following the end of the
24 state fiscal year the trust shall annually submit to the governor, the
25 majority leader of the senate and the speaker of the assembly a report
26 on the priorities and finances of the trust.
27 § 40.11. Assistance of other agencies. The trust board may request
28 from any state agency or political subdivision of the state and the same
29 are authorized to provide such assistance and information as will enable
30 it to carry out its purpose and powers pursuant to this title.
31 § 40.13. Members not to profit. No member of the trust shall receive
32 or may be lawfully entitled to receive any pecuniary profit from the
33 operation of the trust.
Appendix III
Status of Plans for Research/Collections Facility
Appendix IV
Fiscal
And
Staffing
Charts
Office of Cultural Education | ||||||||||||||
Number of Staff by Program Area | ||||||||||||||
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Professional Staff | 9 | 3 | 7 | 20 | 55 | 5 | 4 | 24 | 18 | 4 | 40 | 45 | 13 | 247 |
Support Staff | 3 | 2 | 5 | 5 | 97 | 4 | 1 | 24 | 11 | 4 | 20 | 2 | 178 | |
Total Regular Payroll | 12 | 5 | 12 | 25 | 152 | 9 | 5 | 48 | 29 | 8 | 60 | 47 | 13 | 425 |
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Total Special Payroll* | 0 | 1 | 1 | 1 | 5 | 0 | 0 | 0 | 8 | 8 | 62 | 86 | ||
Approximate Full-time Equivalent (FTE) Staff by Program Area | ||||||||||||||
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Professional Staff | 9 | 2.5 | 6.5 | 20 | 54.1 | 4.8 | 3.8 | 23.8 | 16.9 | 4 | 35.5 | 44 | 13 | 237.9 |
Support Staff | 3 | 1.85 | 4.55 | 4.5 | 93 | 4 | 1 | 23.3 | 11 | 4 | 20 | 2 | 172.2 | |
Total Regular Payroll | 12 | 4.35 | 11.05 | 24.5 | 147.1 | 8.8 | 4.8 | 47.1 | 27.9 | 8 | 55.5 | 46 | 13 | 410.1 |
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Total Special Payroll* | 0 | 1 | 1 | 0.5 | 3 | 2 | 3.5 | 11 | 54.25 | 76.25 | ||||
Cultural Education Account Projected
Spending Levels Fiscal Year 2006-07 | ||||||
Program | Personal Service | Non-Personal Service | Total | |||
State Library | 5,126,539 | $565,000 | $5,691,539 | |||
State Archives | 1,762,143 | $210,000 | $1,972,143 | |||
State Museum | 7,777,136 | $1,585,000 | $9,362,136 | |||
Public Broadcasting/ETV | 424,713 | $31,000 | $455,713 | |||
Deputy Commissioner's Office/OCE Management Services | 923,767 | $30,000 | $953,767 | |||
Central Charges* | - | $1,389,897 | $1,389,897 | |||
Subtotal for Program Operations | 16,014,298 | $3,810,897 | $19,825,195 | |||
Book Budget | - | $3,952,800 | $3,952,800 | |||
Total allocation** | 16,014,298 | $7,763,697 | $23,777,995 | |||
* Central charges allocation supports cross-cutting expenditures such as postage, telephones, computer maintenance, security, records management, and special projects that impact OCE-wide priorities. | ||||||
** Additional OCE funds will be expended during 2006/07 for Fringe benefits (@ 45.81% of Personal Service cost), SED and General Indirect costs (@ 22.27%, rate not yet finalized) and ITS chargeback. Approximate total cost $11,000,000 |
OCE FUNDING SOURCES BY PROGRAM | ||
Funding is not totalled because funding periods and purposes vary | ||
OCE-wide | ||
Revenue Accounts | ||
OCE Revenue Account -- OCE-wide functions allocation* | $2,343,664 | |
Capital Funds | ||
Capital Fund -- Matching fund for capital projects | $4,632,654 | |
Capital Fund -- For construction of new collections storage facility | $20,000,000 | |
Capital Fund -- For collections stewardship | $1,000,000 | |
Archives | ||
Revenue Accounts | ||
Cultural Education Account -- Archives allocation* | $1,972,143 | |
Local Government Records Management Improvement Fund (LGRMIF) | $16,002,000 | |
Archives Record Management/Internal Service Account | $1,530,000 | |
Education Archives Account | $77,625 | |
Grants | ||
Save America's Treasures (SAT) grant-Conservation for Revolutionary War Collection | $81,990 | |
National Endowment for the Humanities grant (NEH)-Creating an online Research Collection on NY's Latino/Hispanic History | $300,000 | |
National Historical Publications and Records Commission (NHPRC) - Documents Regrant | $289,613 | |
Wallace Foundation-States Impact on Federal Education Policy Project | $750,000 | |
Affiliated Organizations | ||
Archives Partnership Trust (APT) | $755,000 | |
Public Broadcasting/Educational Television | ||
Revenue Accounts | ||
Cultural Education Account -- PB/ETV allocation* | $455,713 | |
Local Assistance | ||
Local assistance to stations | $16,830,000 | |
One-time capital funding -- Local assistance to stations | $15,000,000 | |
Library | ||
Revenue Accounts | ||
Cultural Education Account -- Library allocation* | $5,691,539 | |
Cultural Education Account -- Book budget allocation* | $3,952,800 | |
Education Library Account | $203,000 | |
Local Assistance | ||
State Aid to libraries | $97,200,000 | |
State Aid to libraries for capital construction projects | $14,000,000 | |
Grants | ||
LSTA grant -- For State library operations and grants to libraries | $9,146,249 | |
Institute of Museum and Library Services (IMLS) 21st Century Grant | $995,630 | |
National Endowment for the Humanities | $1,000 | |
National Endowment for the Humanities (NEH)-New York State Newspaper Project grant | $680,866 | |
National Endowment for the Humanities (NEH) grant-New Netherland Project | $150,000 | |
Gates Grant | $304,890 | |
Bequests | ||
Alice O'Toole Bequest | $242,000 | |
Vito Pelligrino Bequest | $8,200 | |
Cunningham Bequest | $36,400 | |
Cammett Bequest | $5,200 | |
Special Purpose Funding | ||
Love Your Library Fund | $5,590 | |
Community Projects-TBBL Special Legislative Funds | $64,000 | |
Affiliated Organizations | ||
Friends of the NYS Newspaper Project | $37,216 | |
New Netherland Institute | $259,442 | |
Friends of the NYS Library | $14,169 | |
Museum | ||
Revenue Accounts | ||
Cultural Education Account -- Museum allocation* | $9,362,136 | |
Education Museum Account | $484,217 | |
Grants | ||
Bender Grant | $26,000 | |
US Geological Survey (USGS)-2005 State Map Grant | $48,846 | |
National Science Foundation (NSF) Grant- Leafhopper Systematics | $750,000 | |
United States Department of Energy (USDOE) Grant - Zebra Mussel Fouling Project | $1,060,688 | |
US Department of Energy Grant via University of West Virginia | $308,000 | |
Celerity Foundation Grant | $120,000 | |
Special Purpose Funding | ||
Cultural Resource Survey Program (CRSP) | $7,161,000 | |
Affiliated Organizations | ||
Museum Institute | $349,785 | |
* | The Cultural Education Account is used to support activities in all areas of OCE. This chart shows only the portion that is directly allocated for personal and non-personal service operations of OCE. The full 2006-2007 appropriation totals $56,000,000, of which $20,000,000 is allocated for renewal of the Museum, Archives, and Library. Additional funds are allocated for fringe benefits and indirect costs and a portion remains unallocated at present. | |
Office of Cultural Education | ||||||||||||||
Number of Staff by Program Area | ||||||||||||||
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Professional Staff | 9 | 3 | 7 | 20 | 55 | 5 | 4 | 24 | 18 | 4 | 40 | 45 | 13 | 247 |
Support Staff | 3 | 2 | 5 | 5 | 97 | 4 | 1 | 24 | 11 | 4 | 20 | 2 | 178 | |
Total Regular Payroll | 12 | 5 | 12 | 25 | 152 | 9 | 5 | 48 | 29 | 8 | 60 | 47 | 13 | 425 |
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Total Special Payroll* | 0 | 1 | 1 | 1 | 5 | 0 | 0 | 0 | 8 | 8 | 62 | 86 | ||
Approximate Full-time Equivalent (FTE) Staff by Program Area | ||||||||||||||
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Professional Staff | 9 | 2.5 | 6.5 | 20 | 54.1 | 4.8 | 3.8 | 23.8 | 16.9 | 4 | 35.5 | 44 | 13 | 237.9 |
Support Staff | 3 | 1.85 | 4.55 | 4.5 | 93 | 4 | 1 | 23.3 | 11 | 4 | 20 | 2 | 172.2 | |
Total Regular Payroll | 12 | 4.35 | 11.05 | 24.5 | 147.1 | 8.8 | 4.8 | 47.1 | 27.9 | 8 | 55.5 | 46 | 13 | 410.1 |
Deputy | ETV | Library | Archives | Museum | Total OCE | |||||||||
Deputy/ OCE Mgt Services/ OCE ITS | Educ. TV/ Pub. Broad. | Library Operations | Library Dev | Research Library | Archives Admin./IT Services | Public Programs | Govt. Records Services | Archival Services | Museum Admin./ Chartering | Exhibits/ Public Programs | Research & Colls | Security | Total OCE | |
Total Special Payroll* | 0 | 1 | 1 | 0.5 | 3 | 2 | 3.5 | 11 | 54.25 | 76.25 | ||||
*Includes Cultural Resources Survey seasonal staff and Challenge Fund temporary staff. |
Appendix
V
Regents
Trustee Meeting
TUESDAY
JUNE 20, 2006
Librarian’s
Room
Topic |
Item(s) |
Timeframe |
Review of new Cultural
Education Trust legislation |
œ
Funding
& purpose
œ
Role &
relationship of Trust board to CE Committee and
Regents
œ
Status for
planning for funds |
45 minutes |
Operating
budget for 2006/07 |
œ
Alignment
with priorities
œ
Staffing
capacity
œ
Gaps |
30 minutes |
Walking review of educational
programs |
œ
Museum
œ
Archives
œ
Library |
90 minutes |
Issues and
Questions |
œ
Operations
œ
Plans
œ
Capacity |
20
minutes |
Background Information to be
provided to Board: