2012-05-15T16:21:35-05:00 2011-06-30 NEW YORK BOTANICAL GARDEN 200 SOUTHERN BLVD BRONX NY 10458 990 2010-07-01 131693134 NEW YORK BOTANICAL GARDEN NEWY 7188178700 200TH ST SOUTHERN BOULEVARD BRONX NY 10458 DAVID KLEISER 7188178700 2012-05-15 2012-05-15 2010 2016-02-24 21:20:13Z GREGORY LONG PRESIDENT 200TH ST SOUTHERN BOULEVARD BRONX NY 10458 311614650 false X WWW.NYBG.ORG X 1891 NY THE NEW YORK BOTANICAL GARDEN IS A MUSEUM OF PLANTS AND A SCIENTIFIC RESEARCH CENTER DEVOTED TO THE STUDY OF PLANTS AND THEIR USES. IT IS THE GARDEN'S MISSION TO IMPROVE PUBLIC UNDERSTANDING OF THE NATURAL WORLD, HORTICULTURE, AND THE RELATIONSHIPS BETWEEN PLANTS AND PEOPLE. IT IS ALSO THE GARDEN'S MISSION TO EXPAND HUMANITY'S KNOWLEDGE OF PLANTS AND HOW THEY ARE UTILIZED. 68 66 733 800 457755 -271576 39256264 73766692 11119921 10408499 10486649 11587103 553997 813827 61416831 96576121 0 0 38376120 38889517 305488 217926 4599978 29713077 28874235 68394685 67981678 -6977854 28594443 481161760 566510226 95308958 104376680 385852802 462133546 X THE NEW YORK BOTANICAL GARDEN IS A MUSEUM OF PLANTS AND A SCIENTIFIC RESEARCH CENTER DEVOTED TO THE STUDY OF PLANTS AND THEIR USES. IT IS THE GARDEN'S MISSION TO IMPROVE PUBLIC UNDERSTANDING OF THE NATURAL WORLD, HORTICULTURE, AND THE RELATIONSHIPS BETWEEN PLANTS AND PEOPLE. IT IS ALSO THE GARDEN'S MISSION TO EXPAND HUMANITY'S KNOWLEDGE OF PLANTS AND HOW THEY ARE UTILIZED. false false 19115566 372662 BOTANICAL SCIENCE - COLLECTING FOR AND MAINTAINING THE GARDEN HERBARIUM FOR PUBLIC USE, INCLUDING RESEARCH 15307025 3800668 HORTICULTURE AND LIVING COLLECTIONS - PREPARATION OF RESEARCH, MAINTENANCE OF GARDENS AND EXHIBITS FOR PUBLIC USE AND ENJOYMENT 12951557 2200907 EDUCATION AND OUTREACH - DEVELOPMENT, ORGANIZATION, AND PRESENTATION OF EDUCATIONAL COURSES; PUBLIC EXHIBITIONS AND FESTIVALS TO ENHANCE THE EXPERIENCE OF THE VISITING PUBLIC 6031386 4034262 AUXILLIARY SERVICES - PROVIDES SERVICES AND AMENITIES FOR THE CONVENIENCE OF THE VISITING PUBLIC 6031386 4034262 53405534 true true false true false false false true false true true true false false true true true false false false false false false true true false false false false true true false false false false false true false false true false true true false false false false false false false false true 415 0 true 733 true true true false false false false true true false false false false false X 68 66 true false false false true true true true true false false true true true true true true true true false NY X DAVID KLEISER VP FINANCE 7188178700 200TH STREET SOUTHERN BLVD C/O FINANCIAL SERVICES-WATSON 105 BRONX NY 104585126 MAUREEN K CHILTON 1.00 X 0 0 0 LIONEL GOLDFRANK III 1.00 X 0 0 0 LEWIS B CULLMAN 1.00 X 0 0 0 MRS NICHOLAS J SAKELLARIADIS 1.00 X 0 0 0 MR THOMAS J HUBBARD 1.00 X 0 0 0 MR WILSON NOLEN 1.00 X 0 0 0 EDWARD P BASS 1.00 X 0 0 0 JAMES BENENSON JR 1.00 X 0 0 0 LARRY E CONDON 1.00 X 0 0 0 EUGENE P GRISANTI 1.00 X 0 0 0 KENNETH ROMAN 1.00 X 0 0 0 WILLIAM C STEERE JR 1.00 X 0 0 0 SHELBY WHITE 1.00 X 0 0 0 MRS THOMAS J HUBBARD 1.00 X X 0 0 0 GREGORY R LONG 35.00 X 1553998 0 39040 JOSEPH V COSSABOOM 35.00 X 298649 0 39040 DAVID KLEISER 35.00 X 201765 0 38493 CELESTE KIRTON 35.00 X 103199 0 19814 SALLY GAVIN 35.00 X 209402 0 38722 ROBERT HEINISCH 35.00 X 202953 0 37514 KARL LAUBY 35.00 X 189344 0 32567 JENNIFER ROMINIECKI 35.00 X 185375 0 31885 JAMES MILLER 35.00 X 182617 0 32780 TODD FORREST 35.00 X 172467 0 33114 FRANK GENESE 35.00 X 167614 0 32181 MARK CUPKOVIC 35.00 X 162024 0 31109 MICHAEL GARY 35.00 X 159015 0 27350 DENNIS STEVENSON 35.00 X 153643 0 29115 3942065 462724 43 true true false UNISTRESS CORPORATION 550 CHESHIRE ROAD PITTSFIELD MA 01202 CONSTRUCTION 9631441 E W HOWELL 113 CROSSWAYS PARK DR WOODBURY NY 11797 CONSTRUCTION 5971062 CIVETTA COUSINS JV LLC 1100 E 156TH STREET BRONX NY 10474 CONSTRUCTION 5540743 SPOTCO 512 7TH AVENUE NEW YORK NY 10018 ADVERTISING 2006564 UPTOWN ELECTRIC INC 128-20 14TH AVE COLLEGE POINT NY 11356 CONSTRUCTION 1263842 60 4053522 34023545 35689625 1381739 73766692 ADMISSIONS & TOURS 713990 3800668 3800668 GARDEN MEMBERSHIP PROGRAM 713990 3072224 3072224 TUITION & FEES 611600 2200907 2200907 AUXILIARY SERVICES 722210 962038 962038 SCIENTIFIC PUBLICATIONS 511190 372662 372662 10408499 7582790 7582790 216952939 212948626 4004313 4004313 4004313 715327 4053522 1457575 -742248 -742248 2520441 1319864 1200577 742822 457755 LICENSING FEES 812900 355498 355498 355498 96576121 11151321 457755 11200353 3220693 1754357 468077 998259 25499801 19075807 4917714 1506280 2899898 2103214 543802 252882 5028401 4057861 415301 555239 2240724 1625134 420190 195400 303274 303274 173000 173000 195809 195809 217926 217926 502274 270605 210479 21190 2040130 1868704 101060 70366 2215437 2215437 3356531 2834701 383200 138630 3011595 2858334 72243 81018 1279576 1256789 18803 3984 392991 342086 29263 21642 3742617 3742617 7769410 6603998 699247 466165 713644 713644 MISC - OTHER 1443969 1326854 81987 35128 EQUPT PURCHASES & RENTALS 1212187 962161 219590 30436 MEMBERSHIP DISCOUNTS 278951 273518 5433 NON CAP CONSTR EXPS 242840 233357 9483 67981678 53405534 9976166 4599978 6775525 4653432 44380232 58581861 1808547 1393608 657100 665947 2014882 1478838 270484206 69243627 175848278 201240579 239479067 201809922 10198129 96686039 481161760 566510226 8554446 16493425 458283 349691 68090000 68090000 3500000 7000000 14706229 12443564 95308958 104376680 X 207654906 246005482 34053209 65687513 144144687 150440551 385852802 462133546 481161760 566510226 28594443 47686301 X false true true X true true X 82027021 78989784 51390553 48620158 63352616 324380132 82027021 78989784 51390553 48620158 63352616 324380132 53984966 270395166 7262739 10346902 6754843 6849957 9089638 40304079 658055 498973 463189 173202 355498 2148917 366833128 12350573 0.73710 0.65190 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED false false false 195809 195809 67785869 67981678 1000000 250000 false 1000000 1000000 1000000 1000000 4000000 6000000 279177 251238 195922 195809 922146 250000 250000 250000 250000 1000000 1500000 false false false false false false false false false false false false false false ADDITIONAL INFORMATION SCHEDULE C, PART IV THE GARDEN INCURS LOBBYING EXPENDITURES FOR THE PURPOSE OF RAISING PUBLIC FUNDS FOR ITS OPERATING PROGRAM AREAS AND CAPITAL SUPPORT. false false false false X X X false false false 270659675 15259064 55550326 559776 11027327 329881962 262280016 1484766 17381542 550789 9935860 270659675 343429718 10200000 -81114455 510758 9724489 262280016 0.45610 0.41530 0.12860 false false false 30829096 30829096 112731003 25948625 86782378 56926085 30750200 26175885 15170323 12544802 2625521 54827699 54827699 201240579 ALTERNATIVE INVESTMENT / HEDGE FUNDS 86487910 F REAL ESTATE 10198129 C 96686039 INTEREST SWAP VALUATION LIABILITY 9464193 CONDITIONAL ASSET RETIREMENT 2979371 12443564 96576121 67981678 28594443 47686301 47686301 76280744 144392223 47686301 129801 47816102 96576121 96576121 68111479 129801 129801 67981678 67981678 LIABILITY UNDER FIN 48 FOOTNOTE SCHEDULE D, PAGE 3, PART X ASC 740-10-05-6, ACCOUNTING FOR UNCERTAINTY IN INCOME TAXES, PRESCRIBES THE MINIMUM RECOGNITION THRESHOLD A TAX POSITION MUST MEET IN CONNECTION WITH ACCOUNTING FOR UNCERTAINTIES IN INCOME TAX POSITIONS TAKEN OR EXPECTED TO BE TAKEN BY AN ENTITY, BEFORE BEING MEASURED AND RECOGNIZED IN THE FINANCIAL STATEMENTS. THE GARDEN HAS REPORTED NO POTENTIAL LIABILITIES FOR UNCERTAIN TAX POSITIONS AT JUNE 30, 2011. RECONCILIATION OF CHANGES - OTHER SCHEDULE D, PAGE 4, PART XI, LINE 8 COST OF GOODS SOLD 1,319,864 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES -217,926 FUNDRAISING EVENT ADMIN EXPENSES -972,137 TOTAL - SCHEDULE D, PART XII, LINE 2D - 129,801 0 COST OF GOODS SOLD -1,319,864 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES 217,926 FUNDRAISING EVENT ADMIN EXPENSES 972,137 TOTAL - SCHEDULE D, PART XIII, LINE 2D 129,801 0 REVENUE AMOUNTS INCLUDED IN FINANCIALS - OTHER SCHEDULE D, PAGE 4, PART XII, LINE 2D COST OF GOODS SOLD 1,319,864 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES -217,926 FUNDRAISING EVENT ADMIN EXPENSES -972,137 TOTAL - SCHEDULE D, PART XII, LINE 2D - 129,801 0 EXPENSE AMOUNTS INCLUDED IN FINANCIALS - OTHER SCHEDULE D, PAGE 4, PART XIII, LINE 2D COST OF GOODS SOLD 1,319,864 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES -217,926 FUNDRAISING EVENT ADMIN EXPENSES -972,137 TOTAL - SCHEDULE D, PART XIII, LINE 2D 129,801 0 SUPPLEMENTAL FINANCIAL INFORMATION SCHEDULE D, PAGE 4, PART XIV THE GARDEN'S COLLECTIONS INCLUDE LIVING PLANTS, HERBARIUM SPECIMENS, ART OBJECTS, BOOKS, PRINTS, AND EPHEMERA. THE GARDEN HAS NOT CAPITALIZED THE COLLECTIONS. THE GARDEN'S COLLECTIONS ARE MAINTAINED FOR PUBLIC EXHIBITION, EDUCATION, AND RESEARCH IN FURTHERANCE OF PUBLIC SERVICE RATHER THAN FOR FINANCIAL GAIN. COLLECTIONS ARE THE MOST VALUABLE ASSETS OF THE GARDEN AND ARE PROTECTED, KEPT UNENCUMBERED, CARED FOR, AND PRESERVED. THE PROCEEDS OF ITEMS IN COLLECTIONS THAT ARE SOLD ARE USED TO ACQUIRE OTHER ITEMS FOR COLLECTIONS. X X X X X true BUCKLEY HALL EVENTS CONS. BALL false 1538256 83705 1454551 PROJECTS PLUS FOUND DIN false 999750 69873 929877 BUCKLEY HALL EVENTS ORCHID DIN false 649665 47021 602644 COMNET MARKETING MEMBERSHIP false 70000 23000 47000 3257671 223599 3034072 NY CONSERV. BALL 1538256 1307518 230738 480586 FOUNDERS AWARD 999750 849788 149962 289453 3 2230843 1896216 334627 687536 4768849 4053522 715327 1457575 1457575 -742248 X X X X X X false false false false false false false false false GREGORY R LONG 355248 1198750 6600 32440 1593038 JOSEPH V COSSABOOM 298649 6600 32440 337689 DAVID KLEISER 201765 6053 32440 240258 SALLY GAVIN 209402 6282 32440 248124 ROBERT HEINISCH 202953 5074 32440 240467 KARL LAUBY 189344 1893 30674 221911 JENNIFER ROMINIECKI 185375 1854 30031 217260 JAMES MILLER 182617 3196 29584 215397 TODD FORREST 172467 5174 27940 205581 FRANK GENESE 167614 5028 27153 199795 MARK CUPKOVIC 162024 4861 26248 193133 MICHAEL GARY 159015 1590 25760 186365 DENNIS STEVENSON 153643 4225 24890 182758 OTHER ADDITIONAL INFORMATION SCHEDULE J, PART III EXPLANATION OF PART II: THE NEW YORK BOTANICAL GARDEN HAS A FORMAL PROCEDURE AND SIGN-OFF PROCESS FOR REVIEW OF EXECUTIVE COMPENSATION. PART II, LINE 1: THE CEO'S TOTAL COMPENSATION IS COMPOSED OF A BASE SALARY AND A SPECIAL ONE-TIME RETIREMENT ACCOUNT AWARDED BY THE BOARD, PRIVATELY FUNDED, AND ACCRUED OVER 22 YEARS OF SERVICE. THAT ONE-TIME PAYMENT WAS TO HAVE BEEN PAID AT RETIREMENT, BUT WAS INSTEAD MADE PAYABLE UPON THE EXECUTIVE'S 64TH BIRTHDAY, IN HIS 22ND YEAR OF SERVICE, DUE TO NEW IRS REGULATIONS. COMPENSATION FOR THE CEO IS DETERMINED BY THE COMPENSATION COMMITTEE OF THE ORGANIZATION'S BOARD OF MANAGERS. THE MEMBERS OF THE COMPENSATION COMMITTEE ARE ALL INDEPENDENT VOTING MEMBERS OF THE ORGANIZATION'S GOVERNING BODY. THE CEO IS CURRENTLY SERVING PURSUANT TO THE TERMS OF AN EMPLOYMENT AGREEMENT WHICH WAS APPROVED BY THE COMPENSATION COMMITTEE AFTER RETAINING AN INDEPENDENT COMPENSATION CONSULTANT, WHO PRESENTED THE COMMITTEE WITH APPROPRIATE COMPARABILITY DATA. THE CONSULTANT CONCLUDED THAT THE COMPENSATION PROPOSED IN THE EMPLOYMENT AGREEMENT WAS REASONABLE. THE COMPENSATION COMMITTEE CONTEMPORANEOUSLY DOCUMENTED ITS DELIBERATIONS AND DECISION. PART II, LINES 2 - 13: COMPENSATION FOR OTHER OFFICERS AND KEY EMPLOYEES IS BASED ON INSTITUTIONAL SALARY COMPARISONS CONDUCTED BY THE GARDEN'S HUMAN RESOURCES OFFICE, WHICH REVIEWS SALARIES PAID BY COMPARABLE ORGANIZATIONS TO THEIR OFFICERS AND KEY EMPLOYEES. THE COMPENSATION COMMITTEE PERIODICALLY REVIEWS THE COMPENSATION LEVELS OF THESE EMPLOYEES. MERIT INCREASES ARE BASED ON A FORMAL PERFORMANCE EVALUATION PROCESS AND APPROVED BY THE CEO IN CONSULTATION WITH THE CHAIRMAN OF THE BOARD OF MANAGERS. TRUST FOR CULTURAL RESOURCES 131693134 649717QE8 2009-08-14 68090000 SEE SCHEDULE O false false false 68090000 948980 true false true true false false false false true true false true true MORGAN STANLEY false false false false false PURPOSE OF ISSUE DESCRIPTION SCHEDULE K TRUST FOR CULTURAL RESOURCES PURPOSE OF SERIES 2009 BOND PROCEEDS OF THE BOND WERE USED TO REPAY A BRIDGE LOAN ORIGINATED IN 2008 BY JP MORGAN CHASE FOR THE PURPOSE OF REDEEMING THEN OUTSTANDING TAX EXEMPT BONDS WHICH HAD BEEN ISSUED IN 2002 AND 2006 LEON LEVY FOUNDATION CAPITAL PROJECT BRIDGE FINANCING X 3500000 3500000 false true true GREAT ISLAND FOUNDATION CAPITAL PROJECT BRIDGE FINANCING X 2000000 2000000 false true true LEWIS BDOROTHY CULLMAN FOUNDATION CAPITAL PROJECT BRIDGE FINANCING X 1000000 1000000 false true true WILLIAM STEERE FOUNDATION CAPITAL PROJECT BRIDGE FINANCING X 500000 500000 false true true 7000000 DENIS O'CONNOR EMPLOYEE - 107569 COMPENSATION false SON OF BOARD false MEMBER false ADDITIONAL INFORMATION SCHEDULE L PART V LEWIS B DOROTHY CULLMAN FOUNDATION THE DIRECTOR OF THE FOUNDATION IS A MEMBER OF THE GARDENS BOARD OF MANAGERS WILLIAM STEERE FOUNDATION THE DIRECTOR OF THE FOUNDATION IS A MEMBER OF THE GARDENS BOARD OF MANAGERS GREAT ISLAND FOUNDATION A TRUSTEE OF THE FOUNDATIONS BOARD IS A MEMBER OF THE GARDENS BOARD OF MANAGERS LEON LEVY FOUNDATION THE DIRECTOR OF THE FOUNDATION IS A MEMBER OF THE GARDENS BOARD OF MANAGERS X 203000 FAIR VALUE-ESTIMATED X 17 1103739 GIFT DATE AVG MKT VALUE X HORT. SUPPLIES 1 75000 FAIR VALUE - ESTIMATED false false false ORGANIZATION'S MISSION FORM 990 - ORGANIZATION'S MISSION THE NEW YORK BOTANICAL GARDEN IS A MUSEUM OF PLANTS AND A SCIENTIFIC RESEARCH CENTER DEVOTED TO THE STUDY OF PLANTS AND THEIR USES. IT IS THE GARDEN'S MISSION TO IMPROVE PUBLIC UNDERSTANDING OF THE NATURAL WORLD, HORTICULTURE, AND THE RELATIONSHIPS BETWEEN PLANTS AND PEOPLE. IT IS ALSO THE GARDEN'S MISSION TO EXPAND HUMANITY'S KNOWLEDGE OF PLANTS AND HOW THEY ARE UTILIZED. EXPLANATION ON VOLUNTEERS AND TYPES OF SERVICES OR BENEFITS FORM 990, PAGE 1, PART I, LINE 6 VOLUNTEERS PROVIDE LIGHT DUTY SERVICES PRIMARILY IN THE GARDEN'S PROGRAM SERVICE FUNCTIONS. ALL OTHER ACHIEVEMENTS DESCRIPTION FORM 990, PAGE 2, PART III, LINE 4D AUXILLIARY SERVICES - PROVIDES SERVICES AND AMENITIES FOR THE CONVENIENCE OF THE VISITING PUBLIC RELATED PARTY INFORMATION AMONG OFFICERS FORM 990, PAGE 6, PART VI, LINE 2 MR. THOMAS J. HUBBARD MRS. THOMAS J. HUBBARD CHAIR EMERIT SECRETARY FAMILY CLASSES OF MEMBERS OR STOCKHOLDERS FORM 990, PAGE 6, PART VI, LINE 6 ORGANIZATION: THE NEW YORK BOTANICAL GARDEN IS A CORPORATION CHARTERED BY ACT OF THE NEW YORK STATE LEGISLATURE. THE AFFAIRS OF THE CORPORATION ARE MANAGED AND CONTROLLED BY A BOARD OF MANAGERS WHICH CONSISTS OF THE GOVERNOR OF THE STATE OF NEW YORK, THE MAYOR OF THE CITY OF NEW YORK, THE COMPTROLLER OF THE COMMISSIONER OF THE DEPARTMENT OF CULTURAL AFFAIRS, THE COMMISSIONER OF THE DEPARTMENT OF PARKS AND RECREATION, THE CHANCELLOR OF THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, THE PRESIDENT OF THE BOROUGH OF THE BRONX AND THEIR SUCCESSORS IN OFFICE, AND NOT MORE THAN FIFTY-ONE OTHER MANAGERS TO BE ELECTED BY THE MEMBERS OF THE CORPORATION. ELECTION OF MEMBERS AND THEIR RIGHTS FORM 990, PAGE 6, PART VI, LINE 7A THE ELECTED MANAGERS ARE DIVIDED INTO THREE CLASSES, EACH OF WHICH CONSISTS OF A MAXIMUM OF SEVENTEEN MANAGERS. THE TERM OF ONE CLASS OF MANAGERS SHALL EXPIRE AT THE ANNUAL MEETING OF MEMBERS EACH YEAR. A CLASS OF MANAGERS SHALL BE ELECTED AT THE ANNUAL MEETING OF MEMBERS EACH YEAR FOR A TERM WHICH SHALL EXPIRE AT THE THIRD ANNUAL MEETING OF MEMBERS FOLLOWING THE DATE OF SUCH ELECTION. EACH ELECTED MANAGER SHALL BE ASSIGNED TO A CLASS AND SHALL BE ELECTED FOR A TERM EXPIRING ON THE SAME DATE AS THAT OF THE CLASS TO WHICH THE MANAGER HAS BEEN ASSIGNED. THE NUMBER OF ELECTIVE MANAGERS MAY BE INCREASED FROM TIME TO TIME BY VOTE OF THE CORPORATION. EXECUTIVE COMMITTEE COMPOSITION AND SCOPE: THE EXECUTIVE COMMITTEE CONSISTS OF THE BOARD CHAIR, THE VICE CHAIRS, THE PRESIDENT, THE SECRETARY, AND THE TREASURER, EX OFFICIO, AND NOT LESS THAN EIGHT (8) APPOINTED MEMBERS. THE EXECUTIVE COMMITTEE SHALL HAVE AND EXERCISE ALL OF THE POWERS OF THE BOARD OF MANAGERS TO THE EXTENT PERMITTED BY LAW DURING INTERVALS BETWEEN MEETINGS OF THE BOARD OF MANAGERS. THE BOARD CHAIR, OR HIS DESIGNEE, SHALL BE CHAIR OF THE EXECUTIVE COMMITTEE. THE EXECUTIVE COMMITTEE SHALL MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE COMMITTEES OF THE BOARD, BUT SUCH RECOMMENDATIONS SHALL NOT BE BINDING UPON THE BOARD. DECISIONS SUBJECT TO APPROVAL OF MEMBERS FORM 990, PAGE 6, PART VI, LINE 7B TEN (10) MANAGERS (ELECTIVE AND EX OFFICIO) SHALL CONSTITUTE A QUORUM AT ANY MEETING OF THE BOARD OF MANAGERS AND THE VOTE OF A MAJORITY OF MANAGERS PRESENT AT THE TIME OF THE VOTE, IF A QUORUM IS PRESENT AT SUCH A TIME, SHALL BE THE ACT OF THE BOARD. ORGANIZATION'S PROCESS USED TO REVIEW FORM 990 FORM 990, PAGE 6, PART VI, LINE 11B A COPY OF THE GARDEN'S FORM 990 IS MADE AVAILABLE BY INTERNET ACCESS TO THE GARDEN'S BOARD PRIOR TO FILING. ENFORCEMENT OF CONFLICTS POLICY FORM 990, PAGE 6, PART VI, LINE 12C EACH YEAR IT IS THE POLICY OF THE NEW YORK BOTANICAL GARDEN TO DISTRIBUTE A COPY OF ITS CODE OF ETHICS AND CONFLICT OF INTEREST STATEMENTS TO ITS BOARD MEMBERS AND CERTAIN EMPLOYEES. THIS ACTS AS A REMINDER OF THE POLICIES AND ASKS THAT EACH PERSON DISCLOSE VARIOUS FINANCIAL OR BUSINESS RELATIONSHIPS WHICH MIGHT PRESENT CONFLICTS OF INTEREST. BOARD MEMBERS: ANY MEMBER OF THE BOARD WHO BELIEVES HE OR SHE MAY HAVE A CONFLICT OF INTEREST SHALL DISCLOSE THE POTENTIAL CONFLICT AND ANY AND ALL RELEVANT INFORMATION CONCERNING THE SITUATION THAT GIVES RISE TO THE POTENTIAL CONFLICT TO THE CHAIR OF THE BOARD. (IN THE EVENT THE BOARD CHAIR BELIEVES HE OR SHE MAY HAVE A CONFLICT, THE BOARD CHAIR SHALL DISCLOSE IT TO THE EXECUTIVE COMMITTEE.) THE CHAIR OF THE BOARD WILL BE RESPONSIBLE FOR DETERMINING WHETHER THE PERCEIVED CONFLICT IS AN ACTUAL CONFLICT, AND IF SO, FOR INITIATING AN APPROPRIATE COURSE OF ACTION. EMPLOYEES AND VOLUNTEERS: ANY EMPLOYEE OR VOLUNTEER WHO BELIEVES HE OR SHE MAY HAVE A CONFLICT OF INTEREST SHALL DISCLOSE THE POTENTIAL CONFLICT AND ANY AND ALL RELEVANT INFORMATION CONCERNING THE SITUATION THAT GIVES RISE TO THE POTENTIAL CONFLICT, IN WRITING, TO THE VICE PRESIDENT AND CHIEF FINANCIAL OFFICER. (IN THE EVENT THE VICE PRESIDENT AND CHIEF FINANCIAL OFFICER BELIEVES HE OR SHE MAY HAVE A CONFLICT, HE OR SHE SHALL DISCLOSE IN WRITING TO THE PRESIDENT.) THE VICE PRESIDENT WILL BE RESPONSIBLE FOR DETERMINING WHETHER THE PERCEIVED CONFLICT IS AN ACTUAL CONFLICT, AND IF SO, FOR INITIATING AN APPROPRIATE COURSE OF ACTION. COMPENSATION PROCESS FOR TOP OFFICIAL FORM 990, PAGE 6, PART VI, LINE 15A THE CEO'S TOTAL COMPENSATION IS COMPOSED OF A BASE SALARY AND A SPECIAL ONE-TIME RETIREMENT ACCOUNT AWARDED BY THE BOARD, PRIVATELY FUNDED, AND ACCRUED OVER 22 YEARS OF SERVICE. THAT ONE-TIME PAYMENT WAS TO HAVE BEEN PAID AT RETIREMENT, BUT WAS INSTEAD MADE PAYABLE UPON THE EXECUTIVE'S 64TH BIRTHDAY, IN HIS 22ND YEAR OF SERVICE, DUE TO NEW IRS REGULATIONS. COMPENSATION FOR THE CEO IS DETERMINED BY THE COMPENSATION COMMITTEE OF THE ORGANIZATION'S BOARD OF MANAGERS. THE MEMBERS OF THE COMPENSATION COMMITTEE ARE ALL INDEPENDENT VOTING MEMBERS OF THE ORGANIZATION'S GOVERNING BODY. THE CEO IS CURRENTLY SERVING PURSUANT TO THE TERMS OF AN EMPLOYMENT AGREEMENT WHICH WAS APPROVED BY THE COMPENSATION COMMITTEE AFTER RETAINING AN INDEPENDENT COMPENSATION CONSULTANT, WHO PRESENTED THE COMMITTEE WITH APPROPRIATE COMPARABILITY DATA. THE CONSULTANT CONCLUDED THAT THE COMPENSATION PROPOSED IN THE EMPLOYMENT AGREEMENT WAS REASONABLE. THE COMPENSATION COMMITTEE CONTEMPORANEOUSLY DOCUMENTED ITS DELIBERATIONS AND DECISION. COMPENSATION PROCESS FOR OFFICERS FORM 990, PAGE 6, PART VI, LINE 15B COMPENSATION FOR OTHER OFFICERS AND KEY EMPLOYEES IS BASED ON INSTITUTIONAL SALARY COMPARISONS CONDUCTED BY THE GARDEN'S HUMAN RESOURCES OFFICE, WHICH REVIEWS SALARIES PAID BY COMPARABLE ORGANIZATIONS TO THEIR OFFICERS AND KEY EMPLOYEES. THE COMPENSATION COMMITTEE PERIODICALLY REVIEWS THE COMPENSATION LEVELS OF THESE EMPLOYEES. MERIT INCREASES ARE BASED ON A FORMAL PERFORMANCE EVALUATION PROCESS AND APPROVED BY THE CEO IN CONSULTATION WITH THE CHAIRMAN OF THE BOARD OF MANAGERS. GOVERNING DOCUMENTS DISCLOSURE EXPLANATION FORM 990, PAGE 6, PART VI, LINE 19 COPIES OF GOVERNING DOCUMENTS, FINANCIAL STATEMENTS, AND THE 990 ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.