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HomeMy WebLinkAbout21 - Board of Library Trustees By-Laws• Agenda Item No. 21 June 14, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Library Services Department Cynthia Cowell, Library Services Director 949 - 717 -3810, ccowell @newportbeachca.gov PREPARED BY: Elaine McMillian APPROVED:. TITLE: AMENDMENTS TO THE BOARD OF LIBRARY TRUSTEES BY- LAWS ABSTRACT: Library staff requests approval of amendments to the attached Board of Library Trustees By -Laws as presented. RECOMMENDATION: The City Attorney reviewed the Board of Library Trustees By -Laws and made recommendations to the Board of Library Trustees. The Board of Library Trustees approved the revisions to the By -Laws at their May 17, 2011 Regular Board of Library Trustees Meeting. Staff requests approval of revisions as presented. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The proposed minor changes to Articles II, III and IV were made to conform to current verbiage. Revisions to Article V are in keeping with verbiage in the City Charter. The substantive changes were made to Article IV, Meetings. The Board of Library Trustees currently holds two meetings per month; one Study Session on the first Tuesday of each month beginning at 5:00 p.m. and one Regular Board of Library Trustees Meeting on the third Tuesday of every month commencing at 5:00 p.m. In the interest of cost savings due to budget issues it was suggested only one 1 AMENDMENTS TO THE BOARD OF LIBRARY TRUSTEES BY -LAWS June 14, 2011 Page 2 monthly regular board meeting be held on the first Monday commencing at 5:00 p.m. at the Central Library unless noted otherwise. Study Sessions as needed would be held prior to the regularly scheduled board meetings. Two or more staff members currently attend these meetings twice monthly. Each meeting on average runs approximately an hour and a half. Taking into consideration staff time required to prepare and attend these meetings twice per month, as opposed to once monthly, was a major determinant in making this suggested change. The sequence of the agenda items, meeting commencement time and other minor revisions were also made. The By -Laws were last revised on November 17, 1987. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Cynthia Cowell tibrary Services Director Attachments: A. Amended Board of Library Trustees By -Laws B. Approved Board of Library Trustees By -Laws 2 NEWPORT BEACH PUBLIC LIBRARY Date May 17, 2011 To: Board of Library Trustees From: Cynthia Cowell, Library Services Director Re: Action to Approve Amendments to the Board of Library Trustees By -Laws Following are the revisions to the Board of Library Trustees By -Laws by the City Attorney's Office and by the Board of Library Trustees: 1.167-110 o x e l 0 4 I= 1:7 _1: x' & 9 :11,619 4 *y AUTHORIZATION: Article VII, Section 708, of the Charter of the City of Newport Beach. MEMBERSHIP: Members (5) (Appointed by the City Council) TERM: Four Years PURPOSE & RESPONSIBILITIES: Set forth in the By -Laws of the Newport Beach Board of Library Trustees adopted November 21, 1972 By -Laws (Attached) 11 -21 -72 Adopted November 21, 1972 Amended May 19, 1981 June 20, 1982 June 17, 1986 July 22, 1986 November 17, 1987 May 17, 2011 3 NEWPORT BEACH PUBLIC LIBRARY BOARD OF LIBRARY TRUSTEES BY -LAWS ARTICLE I NAME AND AUTHORITY This organization shall be called "The Board of Library Trustees" of the City of Newport Beach existing by virtue of the provisions of Article VII, Section 708, of the CHARTER OF THE CITY OF NEWPORT BEACH, and exercising the powers and authority and assuming the responsibilities delegated to it under the said statute, which provides as follows: Section 708. Board of Library Trustees. Powers and Duties. There shall be a Board of Library Trustees consisting of five members which shall have the power and duty to: (a) Have charge of the administration of City libraries and make and enforce such by- laws, rules and regulations as may be necessary therefor. (b) Designate its own secretary. (c) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and City Manager. (d) Purchase and acquire books, journals, maps, publications and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes. The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in this Charter provided. (e) Approve or disapprove the appointment, suspension or removal of the Librarian who shall be the department head. (f) Accept money, personal property or real estate donated to the City for library purposes, subject to the approval of the City Council. (g) Contract with schools, county or other governmental agencies to render or receive library services or facilities subject to the approval of the City Council. ARTICLE II MEMBERSHIP Section 1. Membership of the bBoard shall be restricted to five. Section 2. Members of the Board shall be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government. n Section 3. They shall be subject to removal by motion of the City Council by at least four affirmative votes. Section 4. The members shall serve for a term of four years and until their respective successors are appointed and qualified. The terms are on a staggered basis. Section 5. Members shall serve without compensation for their services as such but may receive reimbursement for necessary travel and other expenses incurred on official duties when such expenditures have received authorization of the City Council (either specifically or through inclusion in an approved budget). Section 6. A vacancy resulting from any cause shall be filled by appointment by the City Council. The appointment shall be for the unexpired term. Section 7. No member of the Board shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the Board for approval or other official action or which pertains to the Library. Any contract, sale or transaction in which there shall be such an interest shall become void at the election of the City when so declared by resolution of the City Council. No member of the Board shall be deemed to be financially interested within the meaning of the foregoing provisions, in any contract made with a corporation where his only interest in the corporation is that of a stockholder and the stock owned by him shall amount to less than three percent of all the stock of such corporation issued and outstanding. If any member of the Board shall be financially interested as aforesaid, upon conviction thereof, he shall forfeit his office in addition to any other penalty which may be imposed for such violation of the City Charter. Section 8. If a member absents himself from three consecutive regular meetings of the Board, unless by permission of the Board reflected in the Board minutes, or ceases to be a qualified elector of the City, his office shall become vacant and shall be so declared by the City Council. ARTICLE III OFFICERS Section 1. The officers shall be a Chairman, Vice - Chairman, and a Secretary. They shall be elected at the first meeting in each fiscal year, which for this purpose shall be designated a regular meeting. Section 2. Officers shall serve a term of one fiscal year and until their successors are duly elected. Section 3. The Chairman shall preside at all meetings of the Board, appoint all committees, execute all documents authorized by the Board, serve as an ex officio voting member of all committees and perform all duties generally associated with the office. He shall appoint committee members. 5 Section 4. The Vice - Chairman in the absence of the Chairman or his inability to act shall preside at all meetings and perform all other duties of the Chairman. Section 5. The Secretary shall be responsible for the recording of minutes of all Board meetings, keep a record of its proceedings and transactions, issue notices of all regular and special meetings and shall perform all other duties generally associated with the office. ARTICLE IV MEETINGS Section 1. The regular meetings shall be held on the t#ifd first Tuesday Monday of each month commencing at 5:3000 p.m. in the Newport Center Branch Library Community Room at the Central Library unless noticed otherwise. Special meetings may also be held subject to compliance with the provisions of the Ralph M. Brown Act. Section 2. The regular July meeting is designated the first meeting of the fiscal year, unless otherwise determined by the Board. Section 3. The order of business for regular meetings shall include but not be limited to the following items which shall be covered in the sequence as far as circumstances permit: (a) Call to Order and Roll Ceall (b) Approval of Minutes D'SPOSitiO . Of ^„+^S of ^r^.,'aus meetings (c) Public Comments r.;^^,,^ of +h^' ".r ^r., . ^r~ (d) Action Items o61bliG preSeRtatpGR to er a'G^6660r,^ With the BeaF d (e) Discussion Items See;R;un+satieas (f) Communications Staff report (g) Monthly Reports Old business (h) Trustee Reports New (i) Bean' MembeFS }) Adjournment Section 4. Study sessions shall be held on the first Tuesday Monday of each month if necessary common at 5:30p in at the' Library Administr ° +' ^^ Central Library Conference Room, prior to the regularly scheduled board meeting with one session per ^ ^r held at eaGh L'bFaFy, 'br for the purpose of discussing administrative reports, hearing staff presentations, gathering information, reviewing, discussing and debating matters of interest to the Library. No official action shall be taken at a study session. Study sessions shall be held subject to compliance with the provisions of the Ralph M. Brown Act. Section 5. All scheduled and special meetings of the Board shall be publicly announced and the proceedings of same shall be open to the public. 0 Section 6. Special meetings may be called at the direction of the Chairman or at the request of three members, for the transaction of business as stated in the call for the meeting. Section 7. The Chairman of the Board may request the attendance at Board meetings of any officer or employee of the City to assist the Board in its deliberations in an advisory capacity. Section 8. A quorum for transaction of business at any scheduled or special meeting shall consist of three members of the Board present in person. Section 9. All regular and special meetings shall be conducted subject to compliance with the provisions of the Ralph M. Brown Act. Section 10. Conduct and proceedings of all meetings shall be governed by the current edition of "Robert's RULES OF ORDER." ARTICLE V Section 1. The City Librarian shall be the Library Services Director and is appointed by the City Manager who in turn retains the power to suspend or remove the I ihrarian Library Services Director, subject to the provisions of Section 708(e) of the City Charter, set forth in Article I hereof. Section 2. The' ibFariaR Library Services Director is a non - voting ex officio member of the Board, and prepares the agenda for all meetings in concurrence with the presiding officer, and is responsible for the execution and implementation of Board Policy. Section 2.1. The Librarian � Library Services Director is responsible for hiring and for giving proper direction and supervision to the staff. Section 2.2. The I ihrarian Library Services Director is responsible for the care and maintenance of the Library property. Section 2.3. The Librarian Library Services Director is responsible for an adequate and proper selection of ILibrary materials in keeping with the stated policies of the Board. Section 2.4. The I ihrarian Library Services Director is responsible for efficient ILibrary service to the public. Section 2.5. The Librarian Library Services Director is responsible for preparing the annual budget and for effectively operating the Library within the limitations of the budget as accepted by the City Council and the City Manager and approved by the Board. 7 Section 2.6. The Librarians Library Services Director prepares and presents the annual budget to the Board, reports the needs of the Library and the status of its service, and reviews with the Board matters involving the type and level of service. Section 2.7. The I hrari; ;n Library Services Director represents the Board and the Library at professional meetings and at community relations programs unless a Board member has been assigned by the Chairman to this responsibility. ARTICLE VI POWERS AND DUTIES OF THE BOARD Section 1. The Board shall have those powers and duties described in Article I hereof. Section 2. The Board shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. ARTICLE VII COMMITTEES Section 1. The Chairman shall appoint committees of one or more members each for such specific purposes as the business of the Board may require from time to time. The committee shall be considered to be discharged upon completion of the purpose for which it was appointed and after the final report is made to the Board. Section 2. All committees shall make a progress report to the Board at each meeting. Section 3. No committee shall have other than advisory powers unless, by suitable action of the Board, it is granted specific power to act. ARTICLE VIII GENERAL Section 1. An affirmative vote of the majority of all members of the Board present at the time shall be necessary to approve any action before the Board. The Chairs may vote upon any motion before the Board. Section 2. The By -Laws may be amended, in accordance with the City Charter, by the majority vote of all members of the Board provided written notice of the proposed amendment shall have been distributed to all members at least ten (10) days prior to the meeting at which such action is proposed to be taken. L'JEM /Board of Library Trustees/ 05 -17 -11 BLT Report RM— Action Item to Approve Amendmended BLT By -Laws After City Attorney Review.doc 5/17/11 0 BOARD OF LIBRARY TRUSTEES AUTHORIZATION: Article VII, Section 708, of the Charter of the City of Newport Beach. MEMBERSHIP: Members (5) (Appointed by the City Council) TERM: Four Years PURPOSE & RESPONSIBILITIES: Set forth in the By -Laws of the Newport Beach Board of Library Trustees adopted November 21, 1972 By -Laws (Attached) 11 -21 -72 Adopted November 21, 1972 Amended May 19, 1981 June 20, 1982 June 17, 1986 July 22, 1986 November 17, 1987 May 17, 2011 NEWPORT BEACH PUBLIC LIBRARY BOARD OF LIBRARY TRUSTEES BY -LAWS ARTICLE I NAME AND AUTHORITY This organization shall be called "The Board of Library Trustees" of the City of Newport Beach existing by virtue of the provisions of Article VII, Section 708, of the CHARTER OF THE CITY OF NEWPORT BEACH, and exercising the powers and authority and assuming the responsibilities delegated to it under the said statute, which provides as follows: Section 708. Board of Library Trustees. Powers and Duties. There shall be a Board of Library Trustees consisting of five members which shall have the power and duty to: (a) Have charge of the administration of City libraries and make and enforce such by- laws, rules and regulations as may be necessary therefor. (b) Designate its own secretary. 0 (c) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and City Manager. (d) Purchase and acquire books, journals, maps, publications and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes. The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in this Charter provided. (e) Approve or disapprove the appointment, suspension or removal of the Librarian who shall be the department head. (f) Accept money, personal property or real estate donated to the City for library purposes, subject to the approval of the City Council. (g) Contract with schools, county or other governmental agencies to render or receive library services or facilities subject to the approval of the City Council. ARTICLE II MEMBERSHIP Section 1. Membership of the Board shall be restricted to five. Section 2. Members of the Board shall be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government. Section 3. They shall be subject to removal by motion of the City Council by at least four affirmative votes. Section 4. The members shall serve for a term of four years and until their respective successors are appointed and qualified. The terms are on a staggered basis. Section 5. Members shall serve without compensation for their services as such but may receive reimbursement for necessary travel and other expenses incurred on official duties when such expenditures have received authorization of the City Council (either specifically or through inclusion in an approved budget). Section 6. A vacancy resulting from any cause shall be filled by appointment by the City Council. The appointment shall be for the unexpired term. Section 7. No member of the Board shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the Board for approval or other official action or which pertains to the Library. Any contract, sale or transaction in which there shall be such an interest shall become void at the election of the City when so declared by resolution of the City Council. No member of the Board shall be deemed to be financially interested within the meaning of 10 the foregoing provisions, in any contract made with a corporation where his only interest in the corporation is that of a stockholder and the stock owned by him shall amount to less than three percent of all the stock of such corporation issued and outstanding. If any member of the Board shall be financially interested as aforesaid, upon conviction thereof, he shall forfeit his office in addition to any other penalty which may be imposed for such violation of the City Charter. Section 8. If a member absents himself from three consecutive regular meetings of the Board, unless by permission of the Board reflected in the Board minutes, or ceases to be a qualified elector of the City, his office shall become vacant and shall be so declared by the City Council. ARTICLE III OFFICERS Section 1. The officers shall be a Chair, Vice - Chair, and a Secretary. They shall be elected at the first meeting in each fiscal year, which for this purpose shall be designated a regular meeting. Section 2. Officers shall serve a term of one fiscal year and until their successors are duly elected. Section 3. The Chair shall preside at all meetings of the Board, appoint all committees, execute all documents authorized by the Board, serve as an ex officio voting member of all committees and perform all duties generally associated with the office. He shall appoint committee members. Section 4. The Vice -Chair in the absence of the Chair or his inability to act shall preside at all meetings and perform all other duties of the Chair. Section 5. The Secretary shall be responsible for the recording of minutes of all Board meetings, keep a record of its proceedings and transactions, issue notices of all regular and special meetings and shall perform all other duties generally associated with the office. ARTICLE IV MEETINGS Section 1. The regular meetings shall be held on the first Monday of each month commencing at 5:00 p.m. at the Central Library unless noticed otherwise. Special meetings may also be held subject to compliance with the provisions of the Ralph M. Brown Act. Section 2. The regular July meeting is designated the first meeting of the fiscal year, unless otherwise determined by the Board. 11 Section 3. The order of business for regular meetings shall include but not be limited to the following items which shall be covered in the sequence as far as circumstances permit: (a) Call to Order and Roll Call (b) Approval of Minutes (c) Public Comments (d) Action Items (e) Discussion Items (f) Communications (g) Monthly Reports (h) Trustee Reports (i) Adjournment Section 4. Study sessions shall be held on the first Monday of each month if necessary at the Central Library, prior to the regularly scheduled board meeting, for the purpose of discussing administrative reports, hearing staff presentations, gathering information, reviewing, discussing and debating matters of interest to the Library. No official action shall be taken at a study session. Study sessions shall be held subject to compliance with the provisions of the Ralph M. Brown Act. Section 5. All scheduled and special meetings of the Board shall be publicly announced and the proceedings of same shall be open to the public. Section 6. Special meetings may be called at the direction of the Chair or at the request of three members, for the transaction of business as stated in the call for the meeting. Section 7. The Chair of the Board may request the attendance at Board meetings of any officer or employee of the City to assist the Board in its deliberations in an advisory capacity. Section 8. A quorum for transaction of business at any scheduled or special meeting shall consist of three members of the Board present in person. Section 9. All regular and special meetings shall be conducted subject to compliance with the provisions of the Ralph M. Brown Act. Section 10. Conduct and proceedings of all meetings shall be governed by the current edition of "Robert's RULES OF ORDER." ARTICLE V LIBRARY SERVICES DIRECTOR Section 1. The City Librarian shall be the Library Services Director and is appointed by the City Manager who in turn retains the power to suspend or remove the Library 12 Services Director, subject to the provisions of Section 708(e) of the City Charter, set forth in Article I hereof. Section 2. The Library Services Director is a non - voting ex officio member of the Board, and prepares the agenda for all meetings in concurrence with the presiding officer, and is responsible for the execution and implementation of Board Policy. Section 2.1. The Library Services Director is responsible for hiring and for giving proper direction and supervision to the staff. Section 2.2. The Library Services Director is responsible for the care and maintenance of the Library property. Section 2.3. The Library Services Director is responsible for an adequate and proper selection of Library materials in keeping with the stated policies of the Board. Section 2.4. The Library Services Director is responsible for efficient Library service to the public. Section 2.5. The Library Services Director is responsible for preparing the annual budget and for effectively operating the Library within the limitations of the budget as accepted by the City Council and the City Manager and approved by the Board. Section 2.6. The Library Services Director prepares and presents the annual budget to the Board, reports the needs of the Library and the status of its service, and reviews with the Board matters involving the type and level of service. Section 2.7. The Library Services Director represents the Board and the Library at professional meetings and at community relations programs unless a Board member has been assigned by the Chairman to this responsibility. ARTICLE VI POWERS AND DUTIES OF THE BOARD Section 1. The Board shall have those powers and duties described in Article I hereof. Section 2. The Board shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. 13 ARTICLE VII COMMITTEES Section 1. The Chair shall appoint committees of one or more members each for such specific purposes as the business of the Board may require from time to time. The committee shall be considered to be discharged upon completion of the purpose for which it was appointed and after the final report is made to the Board. Section 2. All committees shall make a progress report to the Board at each meeting. Section 3. No committee shall have other than advisory powers unless, by suitable action of the Board, it is granted specific power to act. ARTICLE VIII GENERAL Section 1. An affirmative vote of the majority of all members of the Board present at the time shall be necessary to approve any action before the Board. The Chair may vote upon any motion before the Board. Section 2. The By -Laws may be amended, in accordance with the City Charter, by the majority vote of all members of the Board provided written notice of the proposed amendment shall have been distributed to all members at least ten (10) days prior to the meeting at which such action is proposed to be taken. 14 6