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HomeMy WebLinkAboutbocc.res.020.2013A 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 goingforward. 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 4( , 2013 o 05 k4 Dta. f-k.e I 1-/4/ LGG y Silk* e;91 oi ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 27TH DAY OF MARCH, 2013. 17vti is t d 014444, Cc.alD/of-hoic /14- /44. ,4p e K Tomas /vs e.a/f. A n/ y, /3 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 3Date: °C MANAGER APPROVAL: Jon aP. ck, County Manager 1 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 ofTrustees Section 3. Vacancies/Recruitment 2Section4. 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 5b) 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 ofBylaws 7 ARTICLE 9.-Parliamentary Authority 7 ADDENDUM#1-Trustee Code ofEthics 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 ofthe Basalt Regional Library District is the Board of Trustees, herein after referred to as"Board". Article 2 Authority The Basalt Regional Library District Board ofTrustees 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 ofthe 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 LibraryDirectortoadvertisetheopenpositionandsetaprescribedclosingdateforapplications. A 1 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 athree-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 Trusteecompletesapartialtermofoneyearorless, 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 ingovernmentbyassuringthepeopleoftheimpartiality, integrity, and honesty of itself andtheBoard. As such,the Board of Trustees and its appointed committees will ensure that itsactionsdonotpresentaconflictofinterest. 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. 2 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 presentationoftheirreportsatBoardMeetings,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 meetingminutes,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 3 may have more than one nominee. Once elected,nominee names will be removed fromeligibilityforotheroffices. The President will call for additional nominations prior to thevoteforeachoffice. Each office will be filled in sequence,beginning with the office ofPresident. 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 5:30pmintheCommunityRoomoftheLibrary. 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 aspossible. 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 twoTrustees. 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 withinputfromotherTrustees,will compose and provide an agenda and board packet to allBoardmemberspriortoanyregularlyscheduledmeetingorspecialmeeting. 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. 4 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 isrequiredforpassage. 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 anopportunitytospeakbeforetheBoard.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 appoistesastanding anticipated tocommitteesandadhoccommittees. 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 willenactsuchrulesofprocedurethatitdeemsnecessary,as long as those rules conform to these Bylaws. The determination ofwhether to allow public comment at acommitteemeetingrestswiththechairofthemeeting. 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 thecaseofBoardworksessions) 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 ofthe Board are anticipated to be in attendance,the work session will be noticed. The determination ofwhether 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 ofthe 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. 5 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,asrequiredbylaw. 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,authorizingpurchaseofequipmentandmaterialsrecommendedbytheDirector,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 librarypurposes,to be held in the name of the"Board ofTrustees 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,moneyexpended,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 statisticsandinformationasmayberequiredbytheStateLibrary. This duty may be delegated to the Library Director. Section11. Materials Selection Review Committee. The Board ofTrustees will act as a review committee to address challenges to material in the collection,as outlined in the Materials Selection Policy. 6 Article 8 Amendment of Bylaws A typewritten copy ofthe draft of a proposed change in the Bylaws will be presented fordiscussionataregularmeetingoftheBoard. 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 ofOrder,newly revised will serve as parliamentaryauthorityfortheBoardofTrusteesorcommitteemeetingsintheeventthatthesebylawsdo not provide for procedure. These Bylaws,including Addendum Trustees of Basalt Regional and LibrarybyamajorityvoteatameetingoftheBoardofT 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 7 6 Basalt Regional Library District Bylaws Addendum#1-Trustee Code of Ethics The Board ofTrustees 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 personalphilosophiesandattitudesandthoseoftheinstitution,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 ofandincompliancewithapplicablelawsgoverningfreedomofinformation. 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. 8 I [