2014-05-16T10:39:36-05:00 2013-06-30 990 2012-07-01 131693134 NEW YORK BOTANICAL GARDEN NEWY 7188178700 200TH ST SOUTHERN BOULEVARD BRONX NY 10458 ANNEMARIE BLANCATO 7188178700 2014-05-15 false 2014-05-16 2012 2015-11-30 17:44:51Z GREGORY LONG PRESIDENT 200TH ST SOUTHERN BOULEVARD BRONX NY 10458 143986456 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. 65 63 763 1000 241509 -203994 52834083 51810832 12759102 14982282 11489493 15454133 1258610 869425 78341288 83116672 0 0 40191905 41050843 231297 233433 4904364 29637017 31950666 70060219 73234942 8281069 9881730 554522338 580754031 109873748 101593391 444648590 479160640 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 19906523 369531 PLANT SCIENCE - COLLECTING FOR AND MAINTAINING THE GARDEN HERBARIUM FOR PUBLIC USE, INCLUDING RESEARCH. THE BOTANICAL GARDEN'S 180 SCIENTISTS, LIBRARIANS, STAFF, GRADUATE STUDENTS, HONORARY RESEARCH ASSOCIATES, AND CURATORS PERFORM FIELDWORK AND CONDUCT CUTTING-EDGE RESEARCH IN PLANT SYSTEMATICS, ECONOMIC BOTANY, ECOLOGY, MOLECULAR SYSTEMATICS, AND PLANT GENOMICS. 17640122 7578404 HORTICULTURE AND LIVING COLLECTIONS - PREPARATION OF RESEARCH, MAINTENANCE OF GARDENS AND EXHIBITS FOR PUBLIC USE AND ENJOYMENT. PUBLIC EXHIBITIONS AND FESTIVALS TO ENHANCE THE EXPERIENCE OF THE VISITING PUBLIC. THE GARDEN'S LIVING COLLECTIONS CONTAIN MORE THAN ONE MILLION PLANTS IN 50 GARDENS AND COLLECTIONS, INCLUDING: THE ENID A. HAUPT CONSERVATORY, THE NATION'S PREEMINENT VICTORIAN-STYLE GLASSHOUSE; THE NOLEN GREENHOUSES FOR LIVING COLLECTIONS; THE THREE-AND-ONE-HALF-ACRE NATIVE PLANT GARDEN; THE ELEVEN-ACRE AZALEA GARDEN, WHICH INCLUDES NEARLY ONE MILE OF WOODLAND PATHS MEANDERING BENEATH ANCIENT NATIVE OAKS, TULIP TREES, AND SWEETGUMS AND SURROUNDED BY MORE THAN 70,000 PLANTS; THE FIFTY-ACRE THAIN FAMILY FOREST, THE LARGEST EXTANT FOREST THAT ONCE COVERED MUCH OF NEW YORK CITY. 14519842 1943564 EDUCATION AND OUTREACH - DEVELOPMENT, ORGANIZATION, AND PRESENTATION OF EDUCATIONAL COURSES. THE GARDEN'S ADULT EDUCATION PROGRAM OFFERS 750 CLASSES AT THE BOTANICAL GARDEN, THE MIDTOWN EDUCATION CENTER IN MANHATTAN, AND OFF-SITE LOCATIONS IN DUTCHESS AND WESTCHESTER COUNTIES AND CONNECTICUT. CERTIFICATES ARE OFFERED IN SEVEN PROGRAM AREAS: BOTANICAL ART & ILLUSTRATION, BOTANY, FLORAL DESIGN, GARDENING, HORTICULTURAL THERAPY, HORTICULTURE, AND LANDSCAPE DESIGN. THREE ANNUAL LECTURE PROGRAMS, LANDSCAPE DESIGN PORTFOLIOS LECTURE SERIES, WINTER LECTURE SERIES, AND ANDREW CARNEGIE DISTINGUISHED LECTURE, FEATURE INTERNATIONALLY RECOGNIZED SPEAKERS. 6494025 5090783 AUXILLIARY SERVICES - PROVIDES SERVICES AND AMENITIES FOR THE CONVENIENCE OF THE VISITING PUBLIC 6494025 5090783 58560512 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 false false false true false true true false false false false false false false true 454 0 true 763 true true true false false false true true true true false false false false X 65 63 true false false false false true true true true false false true true true true true true true true false NY X X ANNEMARIE BLANCATO CFO 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 787559 0 254940 JOSEPH V COSSABOOM 35.00 X 330361 0 40090 DAVID KLEISER 35.00 X 202770 0 38523 CELESTE KIRTON 35.00 X 108440 0 20820 JENNIFER ROMINIECKI 35.00 X 231203 0 34752 ROBERT HEINISCH 35.00 X 217121 0 37868 TODD FORREST 35.00 X 203085 0 38485 JAMES MILLER 35.00 X 187465 0 33650 DENNIS STEVENSON 35.00 X 158000 0 30336 FRANK GENESE 35.00 X 189107 0 35835 CAROLYN LANEY 35.00 X 188168 0 32365 MARK CUPKOVIC 35.00 X 182201 0 34983 KAREN YESNICK 35.00 X 176424 0 33874 MICHAEL BALICK 35.00 X 157945 0 30325 3319849 696846 44 false true false SPOTCO 512 7TH AVENUE NEW YORK NY 10018 ADVERTISING 1753414 M BULFAMANTE & SONS 75 PORTMAN ROAD NEW ROCHELLE NY 10801 LANDSCAPING 879348 E W HOWELL 113 CROSSWAYS PARK DR WOODBURY NY 11797 CONSTRUCTION 850824 HALL CAPITAL PARTNERS LLC ONE MARITIME PLAZA-STE 500 SAN FRANCISCO CA 94111 INVESTMENT ADV 777145 COOPER ROBERTSON & PARTNERS LLC 311 W 43RD STREET NEW YORK NY 10036 ARCHITECTURAL 716661 60 4135928 16963794 30711110 1406000 51810832 ADMISSIONS & TOURS 713990 7578404 7300534 277870 GARDEN MEMBERSHIP PROGRAM 713990 4032248 4032248 TUITION & FEES 611600 1943564 1943564 AUXILIARY SERVICES 722210 1058535 1058535 SCIENTIFIC PUBLICATIONS 511190 369531 369531 14982282 3332344 3332344 71179056 59057267 12121789 12121789 12121789 729868 4135928 1793891 -1064023 -1064023 3389347 1812517 1576830 1335321 241509 LICENSING FEES 812900 356618 356618 356618 83116672 16039733 519379 14746728 2040174 1058089 355188 626897 28358201 21289682 5049496 2019023 2829856 2079226 504752 245878 5498771 4683011 181109 634651 2323841 1707433 414496 201912 254929 14938 239991 170000 170000 155703 155703 233433 233433 604278 343802 259040 1436 2595392 2546943 29495 18954 2222152 2218316 3836 3508331 3088459 245527 174345 2703713 2697593 6120 1610634 1515236 14039 81359 436278 357589 47784 30905 3495083 3495083 9349469 7947049 841452 560968 889716 889716 MISC - OTHER 1855086 1637514 186227 31345 EQUPT PURCHASES & RENTALS 1106231 894749 179931 31551 NON CAP CONSTR EXPS 668276 668276 MEMBERSHIP DISCOUNTS 325395 317524 7871 73234942 58560512 9770066 4904364 7214167 8410335 49634585 46987342 1844249 1266103 879727 872678 1696642 1532560 298730869 83839774 213445411 214891095 155611152 142663489 124196405 164130429 554522338 580754031 12996931 10318389 458074 873538 68090000 68090000 6500000 4874999 21828743 17436465 109873748 101593391 X 238178601 249349177 48369103 67366437 158100886 162445026 444648590 479160640 554522338 580754031 9881730 18020478 6609842 X false true X true true true X 51390553 48620158 63352616 65656187 59220191 288239705 51390553 48620158 63352616 65656187 59220191 288239705 10331574 277908131 6754843 6849957 9089638 6410121 5114567 34219126 463189 173202 355498 487235 356618 1835742 324294573 17892147 0.85700 0.71170 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 155703 155703 73079239 73234942 1000000 250000 1000000 1000000 1000000 1000000 4000000 6000000 195922 195809 139801 155703 687235 250000 250000 250000 250000 1000000 1500000 139801 155703 295504 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. X X X false 304907584 10690441 33860945 452784 23063834 325942352 329881962 8314456 -5149052 536666 27603116 304907584 270659675 15259064 55550326 559776 11027327 329881962 262280016 1484766 17381542 550789 9935860 270659675 343429718 10200000 -81114455 510758 9724489 262280016 0.34000 0.50000 0.16000 false false 40391705 40391705 154891037 32750409 122140628 68172046 37303986 30868060 16830139 13785379 3044760 18445942 18445942 214891095 ALTERNATIVE INVESTMENT / HEDGE FUNDS 152266802 F REAL ESTATE 11863627 C 164130429 INTEREST SWAP VALUATION LIABILITY 12213302 CONDITIONAL ASSET RETIREMENT 2901760 ACCRUED VACATION LIABILITY 2321403 17436465 X 101652856 18020478 515706 18536184 83116672 83116672 73750648 515706 515706 73234942 73234942 COLLECTIONS AND RELATION TO EXEMPT PURPOSE SCHEDULE D, PAGE 2, PART III, LINE 4 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. LIABILITY UNDER FIN 48 FOOTNOTE SCHEDULE D, PAGE 3, PART X THE GARDEN IS A SECTION 501(C)(3) CHARITABLE ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXES UNDER SECTION 501(A) OF THE U.S. INTERNAL REVENUE CODE. IT HAS BEEN CLASSIFIED AS A PUBLICLY SUPPORTED CHARITABLE ORGANIZATION UNDER SECTION 509 (A)(1) AND QUALIFIES FOR THE MAXIMUM CHARITABLE CONTRIBUTION DEDUCTION BY DONORS. IN ADDITION, THE STATE AND CITY OF NEW YORK (THE "CITY") HAVE CLASSIFIED THE GARDEN AS NON-PROFIT IN CHARACTER AND, AS SUCH, THE GARDEN IS EXEMPT FROM PAYMENT OF INCOME TAXES TO THE STATE AND CITY. 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, 2013 OR 2012. REVENUE AMOUNTS INCLUDED IN FINANCIALS - OTHER SCHEDULE D, PAGE 4, PART XI, LINE 2D COST OF GOODS SOLD 1,812,517 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES -203,000 FUNDRAISING EVENT ADMIN EXPENSES -1,093,811 TOTAL - SCHEDULE D, PART XII, LINE 2D - 515,706 0 EXPENSE AMOUNTS INCLUDED IN FINANCIALS - OTHER SCHEDULE D, PAGE 4, PART XII, LINE 2D COST OF GOODS SOLD 1,812,517 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES -203,000 FUNDRAISING EVENT ADMIN EXPENSES -1,093,811 TOTAL - SCHEDULE D, PART XIII, LINE 2D 515,706 0 X X X X X true BUCKLEY HALL EVENTS 17-19 MARBLE AVE PLEASEANTVILLE NY 10570 CONS. BALL false 1315395 80947 1234448 PROJECTS PLUS 145 W 45TH STREET NEW YORK NY 10036 FOUND DIN false 1229850 66294 1163556 BUCKLEY HALL EVENTS 17-19 MARBLE AVE PLEASANTVILLE NY 10570 ORCHID DIN false 609051 55759 553292 COMNET MARKETING 1214 STOWE AVE MEDFORD OR 97501 MEMBERSHIP false 92200 30433 61767 3246496 233433 3013063 NY CT NJ CONSERV. BALL 1315395 1118086 197309 492550 FOUNDERS AWARD 1229850 1045373 184477 356564 3 2320551 1972469 348082 944777 4865796 4135928 729868 1793891 1793891 -1064023 X X X X X X false false false false false false false false false GREGORY R LONG 445000 342559 222500 32440 1042499 JOSEPH V COSSABOOM 327361 3000 7650 32440 370451 DAVID KLEISER 202770 6083 32440 241293 JENNIFER ROMINIECKI 231203 2312 32440 265955 ROBERT HEINISCH 217121 5428 32440 254989 TODD FORREST 203085 5585 32900 241570 JAMES MILLER 187465 3281 30369 221115 DENNIS STEVENSON 158000 4740 25596 188336 FRANK GENESE 189107 5200 30635 224942 CAROLYN LANEY 188168 1882 30483 220533 MARK CUPKOVIC 182201 5466 29517 217184 KAREN YESNICK 176424 5293 28581 210298 MICHAEL BALICK 157945 4738 25587 188270 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: 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. IN ACCORDANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT, THE CEO'S TOTAL COMPENSATION IS COMPOSED OF A BASE SALARY AND DEFERRED COMPENSATION, BOTH OF WHICH ARE PRIVATELY FUNDED. THE DEFERRED COMPENSATION IS INTENDED TO SERVE AS A RETENTION INCENTIVE. FOR THE PERIOD ENDING JUNE 30, 2013, THE CEO RECEIVED 787,559, OF WHICH 333,750 WAS PRIVATELY FUNDED DEFERRED COMPENSATION. THE AMOUNT IN COLUMN (C), 222,500, WAS NOT PAID TO THE CEO, BUT MUST BE REPORTED AT THIS TIME AND INCLUDED IN THE TOTAL (COLUMN (E)) BECAUSE IT IS BEING ACCRUED BY THE GARDEN IN ANTICIPATION OF IT BEING PAID TO THE CEO IN THE FUTURE, PROVIDED HE REMAINS EMPLOYED BY THE GARDEN AND PERFORMS HIS DUTIES PURSUANT TO THE TERMS OF THE EMPLOYMENT AGREEMENT. THE GARDEN ANTICIPATES THAT THE TOTAL COMPENSATION PAYABLE TO THE CEO FOR EACH OF THE REMAINING REPORTING PERIODS WITHIN THE TERM OF THE EMPLOYMENT AGREEMENT WILL BE LOWER THAN THAT PAID DURING THE CURRENT REPORTING PERIOD. THE CEO DOES NOT RECEIVE HOUSING OR A HOUSING ALLOWANCE. THE GARDEN'S COMPENSATION COMMITTEE BELIEVES THE CEO'S COMPENSATION IS BELOW THE AVERAGE COMPENSATION OF CEOS FOR INSTITUTIONS COMPARABLE TO THE GARDEN. 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. A TRUST FOR CULTURAL RESOURCES 131693134 649717QE8 2009-08-14 68090000 PURPOSE OF SERIES 2009 BOND: false false false A 68090000 948080 true false true true A false false false false false false false false A false false true false true true MORGAN STANLEY false false false false false A false PURPOSE OF ISSUE DESCRIPTION SCHEDULE K TRUST FOR CULTURAL RESOURCES PROCEEDS OF THE BOND WERE USED TO REPAY A BRIDGE LOAN FROM JP MORGAN CHASE BANK ORIGINATED IN 2008 FOR THE PURPOSE OF REDEEMING THEN OUTSTANDING TAX EXEMPT BONDS WHICH HAD BEEN ISSUED IN 2002 AND 2006 DENIS O'CONNOR EMPLOYEE - 111561 COMPENSATION false SON OF BOARD false MEMBER false X 13 1390000 GIFT DATE AVG MKT VALUE X PRINT MEDIA 1 16000 FAIR VALUE - ESTIMATED false false false SUPPLEMENTAL INFORMATION SCHEDULE M, PAGE 2, PART II GIFTS OF PUBLICLY TRADED SECURITIES - 13 CONTRIBUTIONS RECEIVED 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 ACCOMPLISHMENT 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 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 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. IN ACCORDANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT, THE CEO'S TOTAL COMPENSATION IS COMPOSED OF A BASE SALARY AND PRIVATELY FUNDED DEFERRED COMPENSATION, WHICH IS INTENDED TO SERVE AS A RETENTION INCENTIVE. DEFERRED COMPENSATION PAYABLE UNDER THE TERMS OF THE AGREEMENT IS ACCRUED OVER THE PERIOD IN WHICH RELATED SERVICES ARE PERFORMED. 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. RECONCILIATION OF CHANGES - OTHER FORM 990, PART XI, LINE 9 COST OF GOODS SOLD 1,812,517 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES -203,000 FUNDRAISING EVENT ADMIN EXPENSES -1,093,811 TOTAL - SCHEDULE D, PART XII, LINE 2D - 515,706 0 COST OF GOODS SOLD -1,812,517 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES 203,000 FUNDRAISING EVENT ADMIN EXPENSES 1,093,811 TOTAL - SCHEDULE D, PART XIII, LINE 2D 515,706 0 OTHER CHANGES IN NET ASSETS EXPLANATION FORM 990, PART XI, LINE 9 GAIN ON VALUATION OF DERIVATIVE INSTRUMENTS 6,609,842 LOSS ON VALUATION OF DERIVATIVE INSTRUMENTS 0