File #: 19-0218    Version: 1 Name:
Type: Report Action Item Status: Action Item
File created: 2/12/2019 In control: Library Board
On agenda: 2/19/2019 Final action: 2/19/2019
Title: Approve updates to the Board of Trustees Bylaws BOARD OF TRUSTEES - BYLAWS ARTICLE I. IDENTIFICATION This organization is the Board of Trustees (“Library Board”) of the Appleton Public Library (“library”), located in Appleton, Wisconsin, as established by the Wisconsin municipality of the City Appleton (“city”) according to the provisions of Chapter 43 of the Wisconsin State Statutes, and exercising the powers and authority and assuming the responsibilities delegated to it under said statutes. ARTICLE II. MISSION The library’s mission is “learn, know, gather, grow - your center of community life” with a vision of “where potential is transformed into reality.” The library accomplishes this through a set of strategies identified in the library’s strategic plan APL150, as well as those within the City of Appleton’s strategic plan with inclusion and equity being foundational to the purpose of the library. ARTICLE III. MEMBERSHIP 1. Appointments. The l...
Attachments: 1. Bylaws (Draft 12-2018 Amended).pdf

Title

Approve updates to the Board of Trustees Bylaws

 

 

 

 

                      BOARD OF TRUSTEES - BYLAWS

 

 

ARTICLE I. IDENTIFICATION

 

This organization is the Board of Trustees (“Library Board”) of the Appleton Public Library (“library”), located in Appleton, Wisconsin, as established by the Wisconsin municipality of the City Appleton (“city”) according to the provisions of Chapter 43 of the Wisconsin State Statutes, and exercising the powers and authority and assuming the responsibilities delegated to it under said statutes.

 

ARTICLE II. MISSION

 

The library’s mission is “learn, know, gather, grow - your center of community life” with a vision of “where potential is transformed into reality.”  The library accomplishes this through a set of strategies identified in the library’s strategic plan APL150, as well as those within the City of Appleton’s strategic plan with inclusion and equity being foundational to the purpose of the library.

 

ARTICLE III. MEMBERSHIP

 

1.                     Appointments. The library board shall consist of nine (9) members, one (1) of whom must be the Appleton Area School District administrator or the administrator’s representative. All members must be appointed by the mayor of Appleton with the approval of the common council. Not more than one (1) member of the Common Council shall at any time be a member of the library board.

A county chairperson, with the approval of the county board, may also appoint members to the library board pursuant to Wis. Stat. § 43.60. 

 

2.                     Teen Representative.  A teen representative, aged 13-18 may serve as an ad hoc member of the library board for a three (3) year term.  The teen representative must be appointed by the mayor of Appleton with the approval of the common council.  The teen representative shall not be an official member of the board and shall not have voting rights, but shall serve in an advisory capacity and is encouraged to contribute to the discussion of any matter that comes before the board.  The teen representative shall be excluded from any closed sessions.  The teen representative may be removed from this advisory position by a majority vote of the library board.

 

3.                     Term. The regular term of office for shall be three (3) years.

 

ARTICLE IV. OFFICERS

 

1.                     Officers. The officers of the library board shall be the president, vice president, and secretary, each elected from among the library board members at the organizational meeting described in Article IV, Paragraph 1. 

 

2.                     Terms of Office. Officers shall take office at the close of the organizational meeting, described below in Article IV, Section 1, at which they are elected and shall serve from the close of that organizational meeting until the close of the subsequent organizational meeting at which their successors are duly elected. No officer may serve more than two consecutive terms in a given office nor hold more than one (1) office at a time.  If a vacancy occurs in any office, a successor shall be elected and remain in office until the next annual election.

 

3.                     Nominating Committee. A nominating committee, and a chair thereof, shall be appointed by the president three (3) months prior to the organizational meeting and shall present a slate of officers at the organizational meeting. Additional nominations may be made from the floor during the organizational meeting by any library board member or officer.

 

4.                     Duties of the President. The principal duties of the president shall be to preside at all meetings of the library board, authorize calls for special meetings, and execute all documents as authorized by the board. The president appoints library board members to committees and such other special duties as may occur, and may be an ex officio voting member of all committees except the Nominating Committee.

 

5.                     Duties of the Vice President. The vice president shall discharge the duties of the president in the event of the absence or disability of the president, or of a vacancy in that office, and, in addition, any other duties as designated by the library board.

 

6.                     Duties of the Secretary. The secretary shall sign bill registers when the library board has approved expenditures and execute all documents as authorized. In the absence of the secretary at any meeting, the president may appoint another library board member to act as temporary secretary.

 

ARTICLE V. MEETINGS

 

1.                     Organizational Meeting. The organizational meeting, which shall be for the purpose of electing officers as described above in Article III, Sec. 2, shall be held within 60 calendar days after the date of the beginning of board members’ terms, and no later than the regular meeting in August.

 

2.                     Regular Meetings. Regular meetings shall be held once each calendar month, the date and hour to be set up to one (1) year in advance by the library board at the first regular meeting following the organizational meeting. Meeting times and dates may be changed as need arises by a majority vote of the board. The president may reschedule a meeting should a regular meeting not achieve a quorum.

 

3.                     Agendas and Notices. Library board and committee meeting agendas and notices shall indicate the time, date and place of the meeting and indicate all subject matters intended for consideration at the meeting. The library director or designee shall send written notice and the agenda of each regular board meeting to the library board members at least 48 hours in advance of the meeting. A copy of the previous library board meeting minutes shall be provided to each member prior to the meeting date.

 

4.                     Special Meetings. Special meetings may be called by the president at any time deemed warranted by the president, or upon written request to the president by at minimum of three (3) board members, for the transaction of business as stated in the call. Except in cases of emergency, at least 48 hours’ notice shall be given to the board members of the special meeting. In no cases shall less than two hours’ notice be given. Notice may be by mail, phone or email.

 

5.                     Quorum. A quorum for transaction of business at any library board meeting shall consist of a
simple majority.

 

6.                     Minutes. Minutes of all meetings shall, at a minimum, indicate library board members and officers present, all items of business, all motions (except those that were withdrawn), and the result of all votes taken.

 

7.                     Parliamentary Authority. Robert's Rules of Order, latest edition, shall govern the parliamentary procedure of the library board meetings, including in all cases where there are inconsistencies with these bylaws and/or any applicable statues.

 

8.                     Open Meetings Law Compliance. Library board meetings shall be held in compliance with Wisconsin’s open meetings laws (Wis. Stats. §§ 19.81 to 19.98).

 

9.                     Voting. An affirmative vote of the majority of all members and officers of the library board physically present at any legally constituted meeting shall be necessary to approve any action before the library board.

 

10.                     Attendance. Board members and officers shall be expected to attend all library board meetings except as prevented by a valid reason.

 

 

ARTICLE VI. COMMITTEES

 

1.                     Standing Committees. The following standing committees and chairs of the committees shall be appointed by the president at the first regular meeting following the annual meeting:

 

a. Personnel and Policy Committee: Makes recommendations to the library board on personnel matters, proposed revisions in bylaws, policies, rules and regulations; annually reviews any proposed salary adjustments and presents their recommendations to the library board; annually reviews the performance of the library director and works with the president to communicate this review to the director.


b.
Planning Committee: Makes recommendations to the Library Board on library goals and future library development.


c.
Building and Equipment Committee: Makes recommendations to the library board on matters of building and equipment.


d.
Scholarship Committee: Annually recommends to the library board awards for the Friends of Appleton Public Library/Frank P. Young Scholarship per the Library’s Scholarship Policy.


e.
Finance Committee: Makes recommendations to the library board on the annual budget and other financial concerns. The common council representative on the library board shall serve on the Finance Committee.

 

2.                     Nominating Committee. See Article III, Section 3.

 

3.                     Library System Board Appointment.  The President shall designate the appointment of one (1) board member to represent the Appleton Public Library on the Outagamie Waupaca Library System Board with formal election by the Outagamie County Board of Supervisors.

 

4.                     Friends of the Appleton Public Library Board Appointment.  The President shall recommend one (1) board member to serve as a director of the Friends of Appleton Public Library Board, with formal election by the Friends Board.

 

5.                     Ad Hoc Committees. The president shall appoint ad hoc committees and a chair of the ad hoc committees for such specific purpose as the business of the library board may require. These committees may include staff, members of the public and/or outside experts. Ad hoc committees shall be considered to be discharged upon the completion of the purpose for which it was appointed and after the final report is made to the library board.

 

6.                     Authority. No committee shall have other than advisory powers.

 

7.                     Appointment. All library board members and officers shall be appointed to at least one (1) committee.

 

8.                     Time, Location and Agenda. The time, date and location of committee meetings shall be determined by the chair of the committee.

 

9.                     Quorum. A quorum for transaction of business at any committee meeting shall consist of a simple majority.

 

10.                     Minutes. Minutes are not required to be taken at committee meetings.

 

11.                     Parliamentary Authority. Robert's Rules of Order, latest edition, shall govern the parliamentary procedure of committee meetings, including in all cases where there are inconsistencies with these bylaws and/or any applicable statues.

 

12.                     Open Meetings Law Compliance. Committee meetings shall be held in compliance with Wisconsin’s open meetings laws (Wis. Stats. §§ 19.81 to 19.98).

 

13.                     Attendance. Board members and officers shall be expected to attend their assigned committee meetings except as they are prevented by a valid reason.

 

ARTICLE VII. DUTIES OF THE LIBRARY BOARD

 

1.                     Responsibility. The library board shall determine the policies, plans and services of the library. This includes bylaws, service policies, mission statement, long range plan, significant changes in levels or types of service, and changes in library hours.

 

2.                     Library Director. The library board shall select and appoint a properly certified and competent library director.

 

3.                     Duties and Compensation. The library board shall determine the duties and compensation of all library employees.

 

4.                     Budget and Audit. The library board shall advise in the preparation of the budget, approve the budget and make sure that adequate funds are provided to finance the approved budget. The board shall have exclusive control of the expenditure of all moneys collected, donated or appropriated for the library and shall approve all bill registers. The library is audited within the city’s annual audit, and it is the responsibility of the library board to ensure the annual audit of the library is clean.

 

5.                     Community Relations. The library board shall cooperate with other public officials and boards and maintain vital public relations. The library board represents the library to the community and the community to the library.

 

6.                     Legislation. The library board shall study and support legislation that will benefit library patrons. The library board will remain up-to-date on proposed changes and implemented changes to legislation that may affect the library.

 

7.                     Annual Report. The library board shall approve and submit the required annual report to the appropriate division within the State of Wisconsin’s Department of Public Instruction.

 

8.                     Appeals. A person directly affected by and dissatisfied with a decision made by the library director as it relates to the Library’s Circulation, Collection Development, Displays, Piano or the Safety and Security Policies may appeal the decision to the library board. Appeal requests must be made in writing whenever possible and must be received by the library board within thirty (30) business days after the date the decision was made by the library director. The library board must hear the appeal within thirty (30) business days of receiving the appeal unless the library board and the person requesting the appeal agree to an alternative date. The person requesting the appeal will be notified in writing by the library director of the date and time the library board will hear the appeal or will be provided with an explanation for why the library board will not hear the appeal (e.g., request filed too late, person requesting appeal has no grounds, etc.).  At the appeal, the person requesting the appeal may appear in person to be heard on the issue or he/she may ask the library board to consider the merits of the appeal based on a written statement signed and dated by the person filing the appeal. Third party statements and testimony, as well as unauthenticated evidence, will be allowed at the discretion of the president. The decision of the library board shall be final.

 

ARTICLE VIII. DUTIES OF THE LIBRARY DIRECTOR

 

1.                     Appointment and Term. The library director shall be appointed by the library board for an indefinite term and shall be responsible to the library board.

 

2.                     Duties. The library director shall be the executive and administrative officer of the library under review and direction of the library board. The director shall be responsible for operating within policies approved by the library board including, but not limited to:

 

a. Appointing and specifying duties and compensation of other library employees,

b. Providing proper direction, training and supervision of the library staff,

c. Serving as technical advisor to the library board,

d. Recommending policies, budget, changes in hours or services,

e. Recommending changes in the library’s mission and long range plan,

f. Ensuring the care and maintenance of library property,

g. Ensuring the adequate and proper selection of materials,

h. Ensuring the efficiency of library service to the public, and

i. Overseeing financial operations and management of the budgeted appropriation and such other funds as may accrue to the library.

 

3.                     Meetings. The library director shall attend all library board meetings as a participant but shall have no vote. The director may be excused from closed sessions at the discretion of the library board. The director may designate another library staff member to attend in the event of the director's absence.

 

4.                     Appeals.  The library director shall hear all requests for reconsideration made by citizens pertaining to and according with the library’s Circulation Policy, Displays Policy, Collection Development Policy and Safety and Security Policy.

 

ARTICLE IX. CONFLICT OF INTEREST

 

1.                     Private Capacity. Library board members and officers shall not in their private capacity negotiate, bid for, or enter into a contract with the library in which they have or may have direct or indirect financial interest.

 

2.                     Recusal. Library board members and officers shall withdraw from any and all library board meeting and committee meeting discussions and/or deliberations in which the library board member or officer, or an immediate family member thereof, or an organization with which the library board member or officer is associated with, has or may have a substantial financial interest. Library board members and officers shall not vote on any matter in which he or she has withdrawn. The library board member or officer is not required to disclose the reasons for their withdrawal or the nature of the conflict of interest.

 

3.                     Remuneration. Library board members and officers shall not accept anything of value that could reasonably be expected or implied to influence their vote or other official action.

4. No compensation or expenses shall be paid to the members of the library board.

 

ARTICLE X. GENERAL

 

1.                     Amendments. These bylaws may be amended by the majority vote of all members of the library board provided that the change had been proposed by a library board member or the library director at the preceding regular meeting, and that the proposed amendment is included as a separate attachment to the agenda of the meeting at which it is to be acted upon.

 

2.                     Rule Suspension. Any rule or resolution of the library board, whether contained in these bylaws or otherwise, may be suspended temporarily in connection with business at hand, but such suspension, to be valid, may be taken only at a meeting at which two thirds of the members of the library board shall be present and two thirds of those present shall so approve.

 

 

Approved: 6/97. Amended: 10/04; 11/15; 2/17; 12/18