HomeMy WebLinkAboutbocc.res.020.2013 A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
APPROVING BASALT LIBRARY BOARD BYLAWS
Resolution# (!f -2013
RECITALS
1. Volunteer Citizen Boards are established per the Home Rule Charter and State Statute.
2. In Ordinance 028-82,the Board delegated to each citizen board the task of establishing
bylaws, including attendance policy, and requested that the bylaws be submitted to the
Board for approval.
3. The Basalt Library Board recently made changes to their bylaws and request approval by
the Board.
4. In order to stagger terms on the Basalt Library Board the term for the Eagle County seat
currently occupied by Trustee Grauer is hereby extended to March, 2016 and going
forward. The term for the Pitkin County seat currently occupied by Trustee Royer will
terminate as of March, 2013. The term for this seat shall revert to the required three-year
period starting in March, 2013 and going forward.
5. Subject to early termination and/or renewals, each trustee shall hold office for up to three
years and until a successor has been appointed.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado,that the citizen board bylaws listed in paragraph 3 of the recitals are
herby approved.
INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON MARCH 13, 2013
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEEKLY ON
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ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 27TH DAY OF
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GATT ST: BO• .+I) OF COUNTY COMMISSIONERS OF
PIT 1 OUNTY, COL I' •DO ,
AJC(/
Je.;ette Jones / George New a , Chai an
D;.uty Clerk&Recorder ^� `3
Date: °C
MANAGER APPROVAL:
Jon a P�. ck, County Manager
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Bylaws of the Basalt Regional Library District
Table of Contents
ARTICLE 1.-Name 1
ARTICLE 2.-Authority 1
ARTICLE 3.-Purpose 1
ARTICLE 4.-Membership on the Board of Trustees 1
Section 1. Number of Trustees
Section 2. Appointment of Trustees
Section 3. Vacancies/Recruitment 2
Section 4. Terms of Office
Section 5. Removal of a Trustee
Section 6. Conflict of Interest
Section 7. Compensation
Section 8. Solicitation on Premises
ARTICLE 5.-Officers and their Duties 3
Section 1. Officers
Section 2. Duties of the President
Section 3. Duties of the Vice President
Section 4. Duties of the Secretary
Section 5. Duties of the Treasurer
Section 6. Election of Officers
ARTICLE 6.-Meetings 4
Section 1. Regular Meetings
Section 2. Annual Meetings
Section 3. Special Meetings
Section 4. Executive Session
Section 5. Meeting Protocol
a) Agenda 5
b) Quorum
c)Voting
d)Teleconferencing/Videoconferencing
e) Public Comment
Section 6. Other Meetings
a) Committee Meetings
b)Work Sessions
ARTICLE 7.-Duties of the Board of Directors 5
Section 1. Employment of the Library Director 6
Section 2. Annual Budget
•
Section 3. Annual Audit 6
Section 4. Financial Operations
Section S. Gifts
Section 6. Land
Section 7. Buildings
Section 8. Personal Property
Section 9. Reports to the Legislative Bodies
Section 10. Annual State Report
Section 11. Materials Selection Review Committee
ARTICLE 8.-Amendment of Bylaws 7
ARTICLE 9.-Parliamentary Authority 7
ADDENDUM#1-Trustee Code of Ethics 8
BYLAWS OF THE BASALT REGIONAL LIBRARY DISTRICT
Article 1
Name
The name of the library is The Basalt Regional Library District,herein after referred to as
"BRLD". The governing body of the Basalt Regional Library District is the Board of Trustees,
herein after referred to as"Board".
Article 2
Authority
The Basalt Regional Library District Board of Trustees is created by authority of the
Colorado Revised Statutes, 24-90-101,et seq.
Article 3
Purpose
The purpose of the Board is to make library policy decisions,supervise the administration
of library affairs in accordance with these policy decisions,and represent the constituents of
the district in these decisions.
Article 4
Membership on the Board of Trustees
Section 1. Number of Trustees.
In accordance with C.R.S. 24-90-108,the Board will be not fewer than 5 nor more than 7
Trustees.The Basalt Regional Library District Board will consist of 7 members. Since the
District's boundaries include portions of Eagle and Pitkin Counties and the entire Town of
Basalt(herein after referred to as the"Legislative Bodies"),there will be three Trustees
representing each county and one Trustee representing the Town of Basalt. Trustees must
be permanent residents of the area they represent and must be at least eighteen years of
age.
Section 2. Appointment of Trustees.
According to C.RS. 24-90-108 (2)(c) and (e), "In library districts, the Legislative Bodies will
each appoint two of its members to a committee.to appoint the initial Board of Trustees.
Thereafter, any such legislative body may either continue such a committee or delegate to
the board of trustees of the library district the authority to recommend new trustees." In
the event that the Legislative Bodies allow input from the BRLD, the BRLD will submit a
recommendation for each vacant Trustee position. "Trustee appointments will be ratified
by a two-thirds (2/3) majority of the Legislative Bodies, except that the failure of the
Legislative Bodies to act on their representatives' recommendation within sixty (60) days
will be considered a ratification of such recommendations."
Section 3. Vacancies/Recruitment.
Vacancies to fill partial terms will be addressed as they arise, in the same manner as new
appointments for term expirations. Upcoming term expirations will be announced by the
Secretary at the regularly scheduled December meeting. The Board will request the Library
Director to advertise the open position and set a prescribed closing date for applications. A
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Trustee who is eligible to apply for a second term must also submit an application by the
deadline. The Director will collect applications, confirm residency qualifications,coordinate
interview schedules and verify the process for appointment with the Legislative Bodies.
Applicants must be permanent residents of the District and the area to be represented and
must be at least 18 years of age. All applications received by the closing day will be
distributed to the BRLD Board and Legislative Bodies.
Section 4.Terms of Office.
A full term of office for each Trustee is three years. Terms expire on March 1. One Trustee
from each county will be appointed in each of three consecutive years to stagger terms in a
three-year cycle. If a Trustee position is vacated before the end of a three-year term, the
person filling the vacancy will be appointed to complete the vacated term.
Trustees may serve on the Board for two full consecutive terms. However, if a Trustee
completes a partial term of one year or less, that person will be eligible to apply for an
additional two terms. If a Trustee completes a partial term of more than one year, that
person will be eligible to apply for only one additional term. A Trustee may hold office for a
maximum of seven consecutive years. After this time, he or she must wait a minimum of
one year before reapplying for a Board position.
Section 5. Removal of a Trustee.
Absence from four regular Board Meetings in a twelve-month calendar year shall result in
mandatory removal of a Trustee. A Trustee may also be removed by majority vote of the
Legislative Bodies, upon showing of "good cause". "Good cause" will exist if a Trustee
engages in (1) any conduct or activity detrimental to the BRLD's interests, (2) a Conflict of
Interest as described in Section 6 of these Bylaws, (3) an Officer's neglect of duties, defined
in Article 5, Section 1-5, or (4) any other violation of BRLD's Code of Ethics, in Addendum
#1,attached to these Bylaws.
Section 6. Conflict of Interest, A conflict of interest is defined as the "conflict between the
private interest and the official responsibilities of a person in a position of trust." The
Library District strives to assure that every effort is made to promote public confidence in
government by assuring the people of the impartiality, integrity, and honesty of itself and
the Board. As such,the Board of Trustees and its appointed committees will ensure that its
actions do not present a conflict of interest. If a Trustee voices a conflict of interest, it will
be noted in the Board meeting minutes. The Trustee will recuse himself/herself from both
the discussion and vote,and not otherwise participate in this item.
Section 7. Compensation. A Trustee will not receive any compensation for services. If the
Board approves, a Trustee may be reimbursed for traveling expenses and registration fees
when traveling on library business.
Section 8. Solicitation on Premises. No Trustee is permitted to engage in solicitation of any
kind,or in any political activity on the library premises.
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Article 5
Officers and their Duties
Section 1. Officers.
The officers of the Board of Trustees will be President,Vice President,Secretary and
Treasurer,and Officers will be elected each year at the regular February meeting of the
Board. Each officer will serve for a period of one year and cannot serve more than two
consecutive years in the same office. In the event that an officer resigns his/her position
during the year,the Board will make an appointment,by majority vote,to fulfill the
remainder of the officer's term.
Section 2. Duties of the President.
The President is the chief executive officer of the Board.The President sets Board Meeting
agendas with input from other Trustees and the Director,conducts all Board Meetings
following Parliamentary Procedure,appoints all committees and arranges for presentation
of their reports at Board Meetings,executes all documents authorized by the Board,and
performs other official duties as the Board may request.
Section 3. Duties of the Vice-President.
The Vice-President will fulfill the duties of President in the President's absence and will
fulfill other duties assigned by the President or the Board.
Section 4. Duties of the Secretary.
The Secretary will review and be responsible for the accuracy of the Board meeting
minutes,post and distribute to the other Trustees written draft meeting minutes in a timely
fashion prior to each Board meeting,create record keeping strategies to maintain the
records that are required,maintain a master document of Trustee attendance at Board
Meetings,and attest to official documents of the District as necessary. The Secretary,with
the assistance of the Director,will keep an updated list of all Trustees,noting the governing
district represented and the corresponding term expiration date.
Section S. Duties of the Treasurer.
The Treasurer will chair the Finance Committee,develop and review financial policies and
procedures to ensure responsible oversight of library funds,work with the Director and
accountant(s) to ensure the accuracy of the Library's finances,and present monthly
financial reports at each Board meeting. At the direction of the Board,the Treasurer will
arrange for an annual audit of financial statements of the previous year. The Treasurer will
oversee the annual budget process for the ensuing fiscal year and will conduct timely
budget meetings with the Board and Director to ensure compliance with state regulations
and deadlines.
Section 6.Election of Officers.
Each year at the Annual Meeting,to be held in January,the President will appoint two non-
officers to form a Nominating Committee.The committee will contact all Trustees to receive
nominations,and contact nominees to obtain their acceptance. Elections will take place at
the February meeting. A slate of candidates for each office will be presented. Each office
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may have more than one nominee. Once elected,nominee names will be removed from
eligibility for other offices. The President will call for additional nominations prior to the
vote for each office. Each office will be filled in sequence,beginning with the office of
President. A show of hands will register the vote,unless a roll call vote is requested for
clarification. New officer terms will take effect at the meeting following election of officers.
Article 6
Meetings
Section 1. Regular Meetings.
Regular monthly meetings will be held on the third Monday of each month beginning at 5:30
pm in the Community Room of the Library. If a quorum will not be present on the official
meeting date,the Board will select an alternate date and notice will be posted as soon as
possible. Notice of all regular and special Board meetings with their final meeting agendas
will be posted at least twenty-four(24) hours in advance of the meeting at the official
posting place for library notices. All regular and special meetings of the Board will be
electronically recorded.
Section 2. Annual Meeting.
The Annual Meeting will be the regularly scheduled meeting held in January of each year.
The purposes of this meeting are to:
a) Provide a current,accurate map of the District boundaries.
b) Establish the location on the library premises where notice of meetings will be
posted during the year.
c) Have the Board President appoint a two-person Nominating Committee to contact
Board members and present a slate of candidates for the February officer election.
d) Receive end-of-year reports from Board committees.
Section 3. Special meetings.
Special Meetings may be called by either the Board President,Library Director or any two
Trustees. Notice of special meetings will be posted at the designated posting place at least
twenty-four (24) hours in advance of the meeting. Public comment procedures apply as
indicated in Article 6,Section 5(e).
Section 4. Executive sessions.
If an Executive Session is called in the course of a regular or special meeting,the Board will
follow the Colorado Open Meetings Law CRS 24-6-402 regarding Executive Session topics
and procedures. No vote may be taken in Executive Session.
•
Section 5.Board Meeting Protocol
•
a)Agenda The President of the Board,with the aid of the Library Director and with
input from other Trustees,will compose and provide an agenda and board packet to all
Board members prior to any regularly scheduled meeting or special meeting. Members
of the public may request items be placed on the agenda,providing they do so'in a timely
manner. The Library Director will post the agenda pursuant to CRS 24-6-402 (2) (c),as
directed by the Board of Trustees.
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b) Quorum. A quorum for the transaction of business will consist of four(4)Trustees
present in person.
c)Voting. All Trustees,including the President,are entitled to vote. A majority vote is
required for passage. No vote may be taken in Executive Session.
d) Teleconferencing/Videoconferencing. Only in Special Meetings constituting an
emergency circumstance will teleconferencing or videoconferencing be used to ensure a
quorum.
e) Public Comment. The public is invited to all meetings of the Board and will have an
opportunity to speak before the Board.The public comment procedure will be as
follows:
*Individuals who wish to comment on items not on the agenda may speak before the
Board by signing up prior to the call to order.
*Individuals may speak about an agenda item at the time of request for public
comment on the agenda item.
*Time limitations on public comment may be set according to the circumstances of
the meeting.
Section 6.Other meetings. -Other meetings may be scheduled to aid the work of the Board.
a)Committee Meetings. The Board President has the power to appoistesa standing anticipated to
committees and ad hoc committees. If more than two (2)
be in attendance,the meeting will be noticed pursuant to Article 6,Section 1.
Committees may be comprised of both Trustees and citizens. Each committee will
enact such rules of procedure that it deems necessary,as long as those rules conform
to these Bylaws. The determination of whether to allow public comment at a
committee meeting rests with the chair of the meeting. The committees will serve as
recommending bodies to the Board,and the Board retains final decision-making
authority.
b)Work Sessions. Work sessions are called by:the Library Director,the President(in the
case of Board work sessions) or the Chair of any standing library committee (in the case of
committee work sessions). Work sessions are intended to be informational meetings of the
Board or committee. No formal action may be taken. Pursuant to Article 6, Section 1.,above,
if more than two (2) members of the Board are anticipated to be in attendance,the work
session will be noticed. The determination of whether to allow public comment at a work
session rests with the chair of the session.
Article 7
•
Duties of the Board of Directors
The Board of Trustees will have all powers and duties as set forth in Colorado Revised
Statutes 24-90-109,including,but not limited to,the following:
Section 1. Employment of the Library Director. The Board will interview applicants,
employ and set the salary and duties of the Director. The Board will annually evaluate the
Director and accept/terminate the Library Director's contract.
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Section 2. Annual Budget. The Board will adopt a budget and make appropriations for the
ensuing fiscal year. This budget will be submitted to the governing legislative bodies,as
required by law. The Board will certify to the Legislative Bodies the sums necessary to
maintain and operate the library during the ensuing year.
Section 3. Annual Audit. The Board will enter into an agreement with a Certified Public
Accounting firm to conduct an annual audit of the financial statements of the District in a
timely manner as mandated by state law.
Section 4. Financial Operations. The Board is responsible for all other financial operations
of the Library District including bonding of persons entrusted with funds,authorizing
purchase of equipment and materials recommended by the Director,entering into
contracts,borrowing funds,and requesting elections to alter taxes to support the Library
District.
Section 5. Gifts. The Board will accept and acknowledge gifts that will benefit the users of
the library. This duty may be delegated to the Library Director.
Section 6. Land, The Board may hold land by loan,gift,lease or purchase for library
purposes,to be held in the name of the"Board of Trustees of the Basalt Regional Library
District."
Section 7. Buildings. The Board may receive by loan,gift,lease or purchase appropriate
buildings for library purposes.In addition,they may erect or acquire such other buildings as
may be needed.
Section 8. Personal Property. The Board may lease,rent purchase or otherwise acquire
such items of personal property as are necessary to conduct Library operations.
Section 9. Reports to the Legislative Bodies. At the close of each calendar year,the Board
will supply the Legislative Bodies with a report showing the condition of its trust,money
expended,the purposes of expenditures and other statistics the Board deems of public
interest.
Section 10. Annual State Report. The Board will respond to the State Library's public
library survey at the end of the calendar year. The report will contain such other statistics
and information as may be required by the State Library. This duty may be delegated to the
Library Director.
Section11. Materials Selection Review Committee. The Board of Trustees will act as a
review committee to address challenges to material in the collection,as outlined in the
Materials Selection Policy.
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Article 8
Amendment of Bylaws
A typewritten copy of the draft of a proposed change in the Bylaws will be presented for
discussion at a regular meeting of the Board. At the following regular meeting it will be
presented again for discussion and vote. A majority vote is required for passage.
Article 9
Parliamentary Authority
Parliamentary Authority.
The most recent edition of Robert's Rules of Order,newly revised will serve as parliamentary
authority for the Board of Trustees or committee meetings in the event that these bylaws do
not provide for procedure.
These Bylaws,including Addendum Trustees of Basalt Regional and
Library
by a majority vote at a meeting of the Board of T
District on
Date
Board President Board Secretary
February. 2013 BRLD Trustees
Beryl"Bud" Eylar
Bernie Grauer
Betsy Herzog
Karen Hillebrand
Carolyn Kane
Judy Royer
Kent Whinnery
Barbara Milnor,Director
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Basalt Regional Library District Bylaws
Addendum#1-Trustee Code of Ethics
The Board of Trustees of the Basalt Regional Library District will adhere to the following
code of conduct:
1. Trustees,in the capacity of trust placed upon them,will observe ethical standards with
absolute truth,transparency,integrity and honor.
2. Trustees must avoid situations in which personal interests might be served or financial
benefits gained at the expense of Library users,colleagues or the situation.
3. It is incumbent upon any Trustee to disqualify himself/herself immediately whenever the
appearance or a conflict of interest arises.
4. Trustees must distinguish clearly in their actions and statements between their personal
philosophies and attitudes and those of the institution,acknowledging the formal position
of the Board,even if they personally disagree.
5. A Trustee must respect the confidential nature of Library business while being aware of
and in compliance with applicable laws governing freedom of information.
6. Trustees must be prepared to support to the fullest the efforts of the librarians in
resisting censorship of Library materials by groups or individuals.
7. Trustees who accept Library Board responsibilities are expected to perform all of the
functions of Library Trustees,as set forth in the Bylaws.
8. Trustees must conduct themselves in a professional manner with courtesy and respect to
other Trustees,Patrons and Library Staff.
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