updated draft Board By Laws
Dorr Township Library Bylaws
Article I Identification
The name of this organization is the Board of Trustees of the Dorr Township Library, located in Dorr, Michigan, established pursuant to 1877 PA 164 in accordance with M.C.L. § 397.213.
Article II Membership
Section 1. Appointments and Terms of Office. The Dorr Township Library has a Board of Trustees made up of six (6) elected members from the Township of Dorr. The Board of Trustees is designated in these By-Laws as the “Board of Trustees” or “Board”. Board members are elected every 4 years during the national November elections and will officially take office and be sworn in at the January board meeting.
Section 2. Meeting Attendance. Members shall be expected to attend all meetings except as they are prevented by one of the following valid reasons. Board members are required to report their absence prior to the meeting to the board president and the library director.
- Death in the family
Section 3. Resignation. Resignation from the Board shall be by written letter submitted to the President of the Board. The resignation shall be effective upon receipt of such notice by the president.
Section 4. Vacancy. If the vacancy is in an elected seat, the Board shall appoint a new member to serve the remainder of the term. The Board shall select the new member from a list of candidates determined by placing a notice in at least one (1) local newspaper or other media as determined by the Board. The candidates shall be asked to submit a letter of interest to the Board President and shall be interviewed by the Board. The name or names of the approved candidate(s) shall be submitted to the full Board for acceptance. The appointment shall be by majority vote.
Section 5. Events Creating Vacancy. A vacancy on the Board shall arise on the happening of any of the following events:
A. The death of a Trustee;
B. The resignation of a Trustee;
C. The removal of a Trustee from office pursuant to law;
D. A Trustee’s ceasing to be a resident of the township or city;
E. A Trustee’s conviction of a criminal offense or of an offense involving the violation of his or her oath of office;
F. A decision by a court of competent jurisdiction declaring the Trustee’s election or appointment void; and
H. Any other reason established by law.
Section 6. Request to Resign. A Trustee whose actions are found to be contrary to the ethical principles set forth in Section 7, or whose attendance record shows more than three (3) consecutive absences for regular scheduled meetings during any 12-month period, or 10 total absences during any three consecutive years, may be asked to resign by the president.
Section 7. Ethics Statement for Public Library Trustees.
Trustees must avoid situations in which financial benefits might be gained at the expense of library users, colleagues, or the situation. It is incumbent upon any trustee to disqualify himself/herself immediately whenever the appearance or a conflict of interest exists. 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. A trustee must respect the confidential nature of library business while being aware of and in compliance with applicable laws governing freedom of information. Trustees must be prepared to support to the fullest the efforts of librarians in resisting censorship of library materials by groups or individuals.
Trustees who accept library board responsibilities are expected to perform all of the functions of library trustees.
Article III Officers
Section 1. The officers shall be a president, a vice president, a secretary, and a treasurer, elected from among the trustees at the annual meeting of the Board.
Section 2. Officers shall serve a term of one year from the annual meeting at which they are elected and until their successors are duly elected.
Section 3. The president shall preside at meetings of the Board, authorize calls for special meetings, appoint all committees, execute all documents authorized by the Board and generally perform all duties associated with the office of president.
Section 4. The vice president, in the event of the absence or disability of the president, or of a vacancy in that office, shall assume and perform the duties and functions of the president. In addition the vice president shall act as the head of the permanent personnel committee which consist of the vice president and at least one other Board member but no more than three members of the Library Board in total.
Section 5. The secretary shall keep a true and accurate record of all meetings of the Board, shall issue notice of all regular and special meetings, and shall perform such other duties as are generally associated with the office of secretary. The library director or a member of the staff may be designated by the Board to perform secretarial or clerical duties.
Section 6. The treasurer shall make monthly reports to the Board showing in detail the amount and investment of, and income and disbursements from, the funds in his or her charge. The library director may be designated by the Board to perform treasurer duties.
Article IV Meetings
Section 1. Regular Meetings. The regular meetings shall be held each month, the date and hour to be set by the Board at its annual meeting. The dates, times and places of the Board’s regular meetings shall be posted within 10 days after the Board’s first annual meeting. The order of business for a regular meeting shall be:
- Call to Order
- Roll Call
- Approval of Agenda
- Approval of the Minutes
- Treasurer’s Report
- Public Comment
- Director’s Report
- Trustee Update
- Committee Reports
- Old Business
- New Business
Section 2. Annual Meeting. The annual meeting, which shall be for the purpose of the election of officers, shall be held at the time of the regular meeting in December of each year.
Section 3. Agendas and Notices. Meeting notices shall indicate the time, date, and place of the meeting and the following agenda will indicate all subject matters intended for consideration at the meeting.
Section 4. Special Meetings. Special meetings may be called at the direction of the president for the transaction of business as stated in the call for the meeting. The Board will provide at least 18 hours notice of special meetings. Special meetings will be announced on the library website and posted at the library.
Section 5. Quorum. A quorum for the transaction of business at any meeting shall consist of three (3) members of the Board present in person.
Section 6. Open Meetings Law Compliance. Dorr Township Library is subject to the Open Meetings Act. M.C.L. § 15.261 et seq.
Section 7. Parliamentary Authority. The rules contained in Robert’s Rules of Order, latest revised edition shall govern the parliamentary procedure of the meetings, in all cases in which they are not inconsistent with these bylaws and any statutes applicable to this Board.
Section 8. 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 president may vote upon and may move or second any proposal before the Board. In the event of a tie vote, the vote shall not carry and the motion will be denied.
Section 9. Any rule of the 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 Board are present and two-thirds of those present so approve.
Section 10. These bylaws may be amended at any regular meeting of the Board by majority vote of all members of the Board.
Article V Committees
Section 1. Standing Committees. Standing Committees shall be appointed by the president from Board of Trustee members during the annual meeting. Committee members may make recommendations to the Board as pertinent to Board meeting agenda items. The personnel committee shall be headed by the Board’s vice president and will remain a standing committee at all times.
Section 2. Ad Hoc Committees. Ad hoc committees for the study of special problems shall be appointed by the president, with the approval of the Board, to serve until the final report of the work for which they were appointed has been filed. These committees may also include library staff as well as outside experts at the discretion of the committee and outside opinions shall only be viewed in an advisory capacity.
Section 3. No committee shall have voting powers but only be used in an advisory capability to the Library Board.
Article VI Duties of the Board of Trustees and Library Director
Section 1. Legal responsibility for the operation of the Dorr Township Library is vested in the Board of Trustees and the Library Director. Subject to state and federal law, the Board has the power and duty to determine rules and regulations governing library operations and services.
Section 2. The Board shall select, employ and supervise a properly certified and competent library director, and approve compensation of all library employees.
Section 3. The Board shall approve the budget and make sure that adequate funds are provided to finance the approved budget. The Library Director shall provide the Board with the budget.
Section 4. The Board and the Library Director shall have joint and exclusive control of the expenditure of all moneys collected, donated or appropriated for the library fund and shall audit and approve all library expenditures.
Section 5. The Board and Library Director shall supervise the maintenance of the building and grounds, as well as regularly review various physical and building needs to see that they meet the requirements of the long term goals of the library.
Section 6. The Board and Library Director shall study and support legislation that will bring about the greatest good to the greatest number of library users.
Section 7. The Board and Library Director shall cooperate with other public officials and boards and maintain vital public relations.
Section 8. The Board of Trustees or Library Director shall make monthly reports to the township on the state of the library, ongoing and upcoming activities, and other pertinent information.
Article VII Conflict of Interest
Section 1. Policy. Trustees owe certain fiduciary duties, including the duties of loyalty, diligence, and confidentiality, to the Library, which require that each Trustee act in good faith on behalf of the Library and to act in the Library’s interest and not for their own or others’ interest.
Section 2. Disclosure. A Trustee shall promptly disclose to the Board any personal or outside interest, relationship or responsibility (financial, professional or otherwise) held by the Trustee, or a relative of the Trustee, with respect to any potential or actual transaction, agreement or other matter which is or may be presented to the Board for consideration.
Section 3. Board Action. For any potential conflict, the Board, with the abstention of the interested Trustee, may decide whether such Trustee may participate in any discussion or vote on the issue that gave rise to the potential conflict.
Section 4. Recusal. Any Trustee with such an interest, relationship or responsibility which conflicts with the interest of the Library, shall recuse himself or herself from any discussions and vote on the issue that gave rise to the conflict and, if necessary, from the Board meeting, or applicable part thereof.
Section 5. Resignation. In circumstances where a Trustee has a significant, ongoing and irreconcilable conflict, and where such personal or outside interest, relationship or responsibility significantly impedes the Trustee’s ability to carry out his or her fiduciary responsibility to the Library, resignation from the Board or from the conflicting interest may be appropriate.
Section 6. Gifts. A Trustee may not receive anything of value that could reasonably be expected to influence his or her vote or other official action.
Article VIII General
The Board shall have all other powers and duties established by law.
Adopted by the Board of Trustees of the______________________________ Library on the _______________ day of ______________________________.