CARBONDALE PUBLIC LIBRARY BY-LAWS
The Carbondale Public Library derives its authority for operation from the Local Library Act of July 12, 1965. The Act sets out guidelines for general provisions, method of creation, taxation, Trustees, and erection of buildings for the library.
ARTICLE I (NAME)
The name of this library shall be the Carbondale Public Library.
ARTICLE II (APPOINTMENT OF THE BOARD)
Pursuant to the requirements of the Statutes of the State of Illinois, the Board of Trustees of the Carbondale Public Library shall consist of nine members appointed by the mayor of Carbondale and confirmed by the Carbondale City Council.
Trustees shall hold office one-third for one year, one-third for two years, and one-third for three years, from the first of July following their appointment, and at their first regular meeting shall cast lots for the respective terms; and annually thereafter the mayor shall, before the first of July each year, appoint or reappoint three Trustees to fill those terms expiring, who shall hold office for three years, and until their successors are appointed.
If a vacancy becomes available during mid-term, the mayor shall be requested to appoint a replacement to fill the vacancy until the end of the normal three-year term.
Within 60 days after their appointment incumbents and new Trustees shall meet in public session to take their oaths of office. The oath is as follows:
Do you (Name of the Trustee) solemnly affirm that you will support the Constitution of the United States, and the Constitution of the State of Illinois, and that you will faithfully discharge the duties of Trustee to the best of your ability?
ARTICLE III (ORGANIZATION, POWERS, AND PURPOSES)
Library Trustees shall immediately after appointment meet and organize by the election of one of their number president, and by the election of such officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library as may be expedient, not inconsistent with the Local Library Act.
Library Trustees shall have the exclusive control of all monies collected for such library and deposited to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose.
All monies received for such library shall be deposited in the name of the Carbondale Public Library in such bank or banks as may be designated by the Board of Trustees.
Said Board shall have the power to appoint a suitable library director and necessary employees, and fix their compensation, and shall also have power to remove such appointees, and shall in general, carry out the spirit and intent of the Local Library Act, in establishing and maintaining a public library.
ARTICLE IV (OFFICERS)
The officers of the Board shall be a president, a vice-president, a secretary, and a treasurer. They shall be elected at the first regular meeting following reappointment or appointment to expiring regular terms and shall serve two years, and until their successors are elected and qualified. No officers shall serve in the same position for more than two consecutive terms.
The president, vice-president, secretary, and treasurer shall constitute the Executive Committee to conduct library business between regularly scheduled Board meetings. A quorum at any meeting of the Executive Committee shall consist of a majority of the Trustees serving on the Executive Committee at that particular time.
The president shall preside at all Board meetings, appoint all standing or special committees, and perform other such duties as are normally associated with this office or may be assigned to the president by the Board.
The vice-president shall perform the duties of the president in the absence of the president. If neither the president or vice-president is available, the duties of the office shall be performed by the treasurer.
The secretary shall keep the minutes of the Board meetings, record attendance, and record all votes. The library director or secretary shall issue notice of all regular meetings three days in advance and in compliance with the Illinois Open Meetings Act. Notices to the Board shall include copies of minutes of the prior meetings, the agenda to be discussed at the proposed meeting, and any reports essential to the consideration of the agenda. The agenda is the mutual responsibility of the library director and president. On receipt of the meeting notice, minutes, and agenda, Board members should notify the library director if unable to attend.
The treasurer shall have charge and custody and be responsible for all funds of the library. Such funds may be drawn upon by the signature of any two of a group consisting of the officers and library director, ordinarily the treasurer and the library director. Before entering upon the duties, the treasurer shall be bonded in an amount to be approved by the Board, but not less than that required by state law, conditioned that the treasurer will safely keep and pay over upon the order of such Board all funds received and held for the Carbondale Public Library. The treasurer shall also arrange for an annual audit of the library's financial records.
ARTICLE V (DUTIES OF THE BOARD)
The Board of Trustees of the Carbondale Public Library shall have the authority necessary to carry out the spirit and intent of the Local Library Act, and, in addition to the powers conferred by the Act, shall assume any other powers and duties that are normally the responsibility of a Library Board.
ARTICLE VI (MEETINGS)
The Board of Trustees shall establish a regular meeting time. A minimum number of ten meetings shall be held in each calendar year. A quorum at any meeting shall consist of a majority of the Trustees serving on the Board at the particular time who are physically present. Trustees may attend a meeting by teleconference, video conference, or by other electronic means and in compliance with the Illinois Open Meetings Act so long as a quorum are present at the place designated in the public notice of the meeting.
Special meetings may be held at any time at the call of the president or at the call of any three members of the Board, provided the notice thereof be given to all Trustees and in compliance with the Illinois Open Meetings Act.
The order of business at all regular meetings shall be as follows:
Call to Order and Roll Call of Trustees
Recognition of Guests
Approval of the Minutes of the last meeting
Roberts Rules of Order shall govern in the parliamentary procedure of the Board.
ARTICLE VII (COMMITTEES)
The president of the Board shall appoint and assign duties for such committees as are necessary for the proper conduct of the Carbondale Public Library. Each committee shall consist of a chairman and one or more members of the Board.
ARTICLE VIII (DUTIES OF THE LIBRARY DIRECTOR)
It shall be the duty of the library director to have general charge of the library and of all its branches and depositories, operating under the direction of the Board of Trustees. The director shall be responsible for all phases of the library's operation including planning budget, personnel, physical facilities, public relations, administration, and staff development. The director shall be responsible for the interpretation of the goals, objectives, and policies of the library in light of changing community needs, and initiate changes in library functions and services to meet the needs. The director shall certify to all bills and money expended, shall countersign all checks, unless impossible to do so, and shall present monthly and annual financial and progress reports to the Board. The director shall, unless absent or incapacitated, attend all meetings of the Board. The director shall serve on all committees, except a committee considering the director's own position. The director shall be responsible for the care of library property and the proper discharge of duties by all employees. The director shall be encouraged to participate in community activities as a representative of the library. The director shall purchase the books, periodicals, records, tapes, pictures, pamphlets, and other library materials and equipment and have the power to expend the amount budgeted. The director shall be encouraged to use the system of informal as well as formal bids for all significant expenditures. The director shall ultimately be responsible for management of all functions and services of the library including collection development, preparation and maintenance, collection storage and retrieval, circulation and staff development.
ARTICLE IX (TRUSTEE ATTENDANCE)
The office of any Trustee who misses four regular meetings in any one fiscal year (May 1-April 30) shall be vacant. The Board President or Vice President may excuse absences due to a death in the trustee’s family or a serious illness of the Trustee or the Trustee’s family, as long as those absences do not threaten the likelihood of a monthly quorum. Replacement will be sought in conformity with Article II.
In accordance with 5 ILSC 120/7(c) and 5 ILCS 120/7(a), when a quorum is physically present, trustees are permitted to attend board meetings via audio and/or video communication in the event that they are unable to be physically present due to personal illness or disability, family or other emergency, or when employment or library board business necessitates an absence. Attendance via email or text is prohibited.
ARTICLE X (GIFTS)
The Board of Trustees may, at its discretion, accept gifts, donations, or endowments for the Carbondale Public Library. A policy shall be established and followed in accepting gifts, donations, and endowments.
ARTICLE XI (BOOK SELECTION AND PURCHASE OF LIBRARY MATERIALS AND EQUIPMENT)
Selection of books, periodicals, records, films, tapes, pamphlets, and other library materials or equipment shall be the duty of the library staff with the approval of the Library Director. A policy for selection shall be established and followed.
These by-laws may be amended by a majority vote at a regular meeting at which a quorum is present, provided notice of the proposed amendment and of the language thereof, has been given at the last preceding regular meeting and notice is contained in the mailed agenda.
ARTICLE XIII ( FISCAL YEAR)
The fiscal year of the Carbondale Public Library shall be from May 1 to April 30.
ARTICLE XIV (EX-OFFICIO HONORARY MEMBERSHIP)
The Board of Trustees of the Carbondale Public Library at any regular meeting of the Board at which a quorum is present may appoint ex-officio Honorary membership on the library Board by a majority vote.
ARTICLE XV (CONFLICT OF INTEREST)
No Library Trustee or employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of his/her official duties.
Carbondale Public Library adopts and agrees to be governed by Section 1-17-3. Conflict of Interest, of the Carbondale Revised Code. (see appendix A).