1.4 By-Laws of Board of Trustees
Article I Name
The organization shall be called “Little Dixie Regional Libraries.”
Article II Officers
Officers shall consist of a president, vice-president, and treasurer. The members shall elect the officers annually at the June meeting, and newly elected officers will preside at the July meeting. Randolph County and Monroe County Boards shall also elect officers at the June meeting. No person shall be nominated for, or hold, more than one office at a time. The director will serve as an ex-officio member without a vote.
The board president, with the consent of the board, shall appoint a secretary who shall keep a record of all meetings and attendance of members, and perform other duties pertaining to the office. The secretary may or may not be a board member.
In the absence of the president or treasurer, a designated member of the Board may sign official library documents.
Any vacancy occurring in any of the offices of the Board of Trustees shall be filled by nomination and election at the next regular meeting of the Board. Any person elected to office to fill such vacancy shall hold office until the next regular election of officers.
Duties of:
President: It shall be the duty of the President to preside at all meetings and appoint committees. The President shall perform all duties provided by law. The President should perform all services customarily provided by said office, shall ensure the establishment of policies for the function of the Board and shall be an ex-officio member of all committees of the Board. The President shall vote on all matters before the board.
Vice-President: In case of absence, inability, or refusal to act by the President, the duties of the president be provided by the Vice-President. In case of that a vacancy occurs in the Office of the President, then, in such event, the Vice-President shall perform all functions of the President until a successor for the unexpired term is elected.
Secretary: The Board of Trustees shall delegate such duties as may be desired and as may be approved by the Board to a Recording Secretary. The Recording Secretary may be the Administrative Assistant to the Director and such duties shall be performed within the scope of the Assistant’s normal job duties.
Treasurer: In case of absence, inability or refusal to act by the President or Vice-President, then, in such event, the duties of that office, as above provided, shall devolve to the Treasurer. The Treasurer shall be responsible for the oversight of all financial policies pertaining to the Library District and shall cause an audit to occur annually. In addition, the Treasurer shall ensure that positions on the Board or within the administration of the District that deal with funds shall be sufficiently bonded, at District expense, to protect the District’s financial interests.
Article III Meetings
The regular meeting shall be held monthly on the second Thursday. Notice of regular meetings will be provided to every member of the Board at least seven days before the date of said meeting. Meetings of the Little Dixie Regional Libraries Board of Trustees are public meetings and are open to all interested citizens. The agenda will be publicly posted in all library buildings in which direct services are provided to the public, at least 24 hours in advance and in accordance with Ch. 610 of the Revised Statutes of the State of Missouri. The Director will publicize the agenda and meeting dates to Randolph and Monroe county newspapers, local radio stations, and on the library’s website. The Board will determine time and place.
Board meetings may be rescheduled, under the direction of the Board President or Library Director, due to an emergency situation (weather related, building emergency, death, etc.). All members must be made aware of the cancellation and a new date to meet as soon as possible. The new agenda will be publicly posted in all library buildings in which direct services are provided to the public, at least 24 hours in advance and in accordance with Ch. 610 of the Revised Statutes of the State of Missouri.
The president or director by a quorum of the Board members will call special meetings.
It is the policy of the Trustees of the Little Dixie Regional Libraries to elicit input from patrons and citizens of the Library District. A period of up to fifteen minutes for general comments from patrons and visitors shall be scheduled at the beginning of each board meeting.
For policies regarding public comment, please see Article X.
Public Records: Library and Board shall maintain all records as directed by Ch. 610, RSMo. and shall make available upon request all open records as directed by law; those records excepted or considered as closed records shall remain so unless Library or Board are otherwise directed by law.
Special Meetings
The President of the Board may, or at the request of three (3) members of the Board or the Director, call a special meeting of the Board, stating the object of the meeting. Board Members will be given a minimum of twenty-four (24) hours prior notice of such meeting unless good cause justifies departure from this requisite, in which case such good cause shall be stated in the minutes of the meeting. No business shall be transacted at said special meeting, except as stated in the call thereof, without the unanimous consent of all members of the Board of Trustees.
All special meetings must be held with a minimum of twenty-four (24) hours public notice and at a place reasonably accessible to the public unless good cause justifies departure from these requisites, in which case such good cause shall be stated in the minutes of the meeting.
Said meetings shall not be used to subvert normal meeting dates or notice requirements.
Closed Meetings
The Board may elect through role call vote in open session to enter into a closed meeting. A closed meeting may be added to any regular agenda by the President or by request of three (3) members. All closed meetings shall be conducted pursuant to Ch. 610, RSMo. and records kept and accessible according to the same.
Parliamentary Law
In all matters of procedures not specifically covered herein, all business before the Board shall be guided by an adaption or simplification of the principles outlined in Robert’s Rules of Order, Newly Revised. The Board may adopt specific Rules of Order to be included in Board Meetings through policy.
Article IV Quorum
For Little Dixie Regional Libraries, a quorum shall consist of four (4) members present for official approval of all business. For the Randolph and Monroe County Boards, a quorum shall consist of three (3) members present for official approval of all business.
If a quorum is not present reports may be given but no official business shall be undertaken, and no votes shall be had.
Article V Committees
There shall be such Board-appointed standing committees as the Board may from time to time, by resolution, provide. Special committees to focus on specific issues may be appointed as needed by the President. All such committees may consist of up to four (4) members of the Board. Committees will be appointed by the presiding officer of the board and shall serve until the committee makes a final report. A majority of the members of each committee shall constitute a quorum, not including the President as an “ex officio” member. The President is an “ex officio” member of all such committees (except the nominating committee should one exist) who has the right, but not the obligation, to participate in the proceedings of the committees and is not counted in the quorum. As appropriate, the Director’s participation and input to the agenda will be encouraged.
Committee Meetings
All committee meetings shall be subject to the call of their respective chair. A majority of the members of each committee shall constitute a quorum, not including the President as an “ex officio” member. Reasonable notice of all committee meetings shall be given, by the chair, to all committee members and to the Board President. No formal action shall be taken at any committee meeting except recommendations of the committees to the full Board during open sessions. As appropriate, the Director’s participation and input to the agenda will be encouraged. Additional participants will be subject to prior notification and approval of the Chair.
Article VI Approving Payment of Bills
The current bills report will be approved at the regularly scheduled board meeting prior to submitting bills for payment.
If a regularly scheduled meeting must be canceled or a quorum is not available, the payment of bills report will be faxed or emailed to the board members on the meeting day for approval. Board members will be contacted to approve or disapprove the report prior to paying the bills.
Article VII Order of business
The director shall be responsible for preparing an agenda of business, with the consultation of the Board President, for each meeting of the library board. The agenda should include the following items:
Reading or accepting minutes of previous meeting
Approve payment of financial bills
Progress and service report of the director
Communication
Unfinished business
New business
Public Comment
Adjournment.
*Closed Session – if needed
**Updated January 12, 2023 by LDRL Board**
Article VIII Amendment of Bylaws
These Bylaws may be amended, effective immediately, by a unanimous vote of all members present at any regular or special meeting of the library board when a quorum is present.
Indemnification: Little Dixie Regional Libraries will defend, indemnify and hold harmless any one or all of the Trustees for any mistake of judgment or other actions taken in good faith by the Trustees in the performance of statutory duties. Actions resulting from willful action, negligence, or bad faith will not be covered by this provision. The foregoing right of indemnification shall be in addition to, and not exclusive of all other rights to which such Trustee may be entitled.
The Board of Trustees, at its discretion, may authorize the purchase of a policy or policies of insurance against liability of the Board and its employees to indemnify any person pursuant to this By-law, which shall contain such terms and conditions as the Board may deem appropriate to the extent and in the manner permitted by law.
Professional Services
The Board, at its discretion, may authorize a qualified attorney-at-law to represent the Board of Trustees in legal matters.
An audit of all accounts of the Library District shall be made at least annually by a certified public accounting firm appointed by the Board of Trustees and shall be a public document.
Article IX Open Meetings and Records
In compliance with all applicable provisions of Ch. 610, RSMo., et seq. of the Open Meetings and Records law of the State of Missouri, commonly known as the “Sunshine Law.” All meetings, records and votes of the Little Dixie Regional Libraries Board of Trustees, its member Boards and any Board committees are to be open to the public unless otherwise provided by law.
Open Meetings
1. The body shall give notice of the time, date, place and tentative agenda of each meeting. The notice shall be placed on the designated bulletin board at the branch libraries in compliance with Ch. 610, RSMo., which shall be in writing and at least 24 hours, exclusive of weekends and holidays, prior to the meeting unless for good cause such notice is impossible or impractical. In such instances when there is good cause and notice is impossible or impractical then said body shall provide as much notice as is reasonably possible. Notice also shall be given to any representatives of the news media who request notice of a particular meeting.
2. Each meeting shall be held at a place reasonably accessible to the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical. When it is necessary to hold a meeting on less than 24 hours notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirement shall be stated in the minutes.
3. The LDRL Board may close meetings to the public as allowed by Ch. 610, RSMo. Before closing a meeting to the public, a majority of a quorum of the LDRL Board must vote to do so in a public roll-call vote. The vote of each member of the LDRL Board on the question of closing a meeting or vote and the reason for closing the meeting by reference to a specific exception shall be announced at a public meeting and entered into the minutes. The LDRL Board shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception. The notice shall comply with the procedures set forth in (1) above except a tentative agenda is not required. No other business may be discussed in a closed meeting that does not directly relate to the specific reason announced to close the meeting to the public. When closing a meeting, the LDRL Board must close only an existing portion of the meeting facility necessary to house the members of the LDRL Board in the closed session, allowing members of the public to remain to attend any subsequent open session held
by the LDRL Board following the closed session.
4. Open Meetings and Records - The LDRL Board shall allow for the recording by audiotape, videotape or other electronic means of any open meeting. The LDRL Board may restrict the manner in which such recording is conducted so as to minimize disruption to the meeting. No audio-recording of any meeting, record or vote closed pursuant to the provision in RSMO section 610 shall be permitted without permission of the LDRL Board; any person who violates this provision shall be guilty of a class C misdemeanor.
5. All records that may be closed as allowed by law hereby are deemed closed records unless the LDRL Board votes to make them public.
6. The Director, or Director’s Designee, and the Administrative Assistant shall be the custodian of records and will be responsible for maintenance and control of all records. The custodian shall provide public access to all public records. A request for such access shall be acted upon as soon as possible but no later than the third business day following the date the request is received by the custodian. If immediate access is not granted, the custodian shall give a detailed explanation for the delay and the place and earliest time and date the record will be available for inspection. This period for document production may exceed three days for reasonable cause.
7. If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision than the end of the third business day following the date the request for the statement is received.
8. If a member of the LDRL Board transmits an e-mail relating to public business to at least two other members of the body so that, when counting the sender, a majority of members are copied, a copy of the e-mail shall be sent to either the custodian of records, or the member’s public office computer. Any such message, received by the custodian or at the member’s office computer shall be a public record subject to the exceptions above.
9. The custodian shall charge 15 cents per page for paper copies not larger than 9” by 14” and an hourly fee for duplicating time, not to exceed the average hourly rate of pay for clerical staff, and the actual cost of research time. The custodian may require payment prior to providing duplicate records.
Fees for providing access to public records maintained on computer facilities, recording, tapes or disks, videotapes or films, pictures, pays slides, graphic, illustrations or similar audio or visual items or devices, and for paper copies larger than 9 by 14 inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public body required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication. Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints or plats. If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may accessed.
(See Appendix J and K for Sunshine Resolution policy and Sunshine Law: Records Request Form)
ARTICLE X
The public is invited to attend all meetings of the Little Dixie Regional Libraries of Trustees except those designated as a closed meeting per RSMO 610.
Members of the public are welcome to address comments to the Board as set forth below:
1. Members of the public may request that an item be considered for placement on the agenda by contacting the Director of Little Dixie Regional Libraries at least ten (10) days in advance of the meeting.
2. Public comment is allowed at every Regional Board, District Board or Board Committee meeting except those designated as a closed meeting.
a. The item “Public Comment” is included on the agenda and is an opportunity for members of the public to speak.
b. When “Public Comment” is noted under a specific agenda item, comments should be limited to that specific topic.
3. Each person desiring to be heard, when recognized by the Presiding Officer, shall first state his or her name and address before commenting.
4. Public comment is limited to three (3) minutes per person unless otherwise directed by the Presiding Officer. Unused time may not be given to another person for the purpose of extending another’s allotted three minutes.
5. The Presiding Officer reserves the right to limit the total public comment time on the agenda to 15 minutes.
6. The Presiding Officer shall rule “out of order” all comments which are irrelevant, repetitious, derogatory of persons, businesses or organizations, or which include inappropriate language or are unlawful. The Presiding Officer may also rule “out of order” inappropriate behavior. These rules may be suspended by motion and majority vote of the Board.
1.5 Policies of Board of Trustees
1.5.1. General
The Library Board of Trustees is the legislative, or policy determining body of the library. Its primary concern is with formulating the program of service and with supplying the means for carrying it out. The director suggests the program and the Board decides to adopt, modify, or reject the director’s program and policies.
The trustees should concern themselves collectively and individually with results rather than methods, and should hold the director responsible for attaining the desired results.
Open Library Board positions are filled by their appropriate county commission after being notified by the Director of a board opening. New members of the board should be provided with information that will help them feel comfortable with their duties and responsibilities, give them self-confidence to know how the library functions and effectively know what is expected of them. (Updated April 2018)
New trustees should meet with the library director to learn how the library is
· Organized
· Governed
· Funded
· Budgeted
· Operated day-to-day
· Structured to serve the needs of the community
· Linked to other resources and libraries
All members of the board should understand and/or have available to them:
· The functions of the board compared to functions of the Director
· Bylaws of the Board
· List of board members with full names, offices, committees, and addresses
· Meeting locations and schedules
· Library goals
· Minutes of past board meetings
· Library’s policy manual
· Recent annual reports
· Current statistical reports
· Current budget and financial reports
No trustee should seek or expect special privileges with regard to library services nor profit or activity of the board. Board members are prohibited from receiving gifts, fees, loans, or favors from suppliers, contractors, consultants, or financial agencies which obligate or induce the Board member to compromise responsibilities to negotiate, inspect or audit, purchase or award contracts, with the best interests of Little Dixie Regional Libraries in mind. Board members are prohibited from knowingly disclosing information about the library system to those who do not have a need to know or whose interest may be adverse to the library system, either inside or outside of the organization. Nor may any Board member in any way, use such information to the detriment of Little Dixie Regional Libraries.
The library may provide membership in the Missouri Library Association for all members of the Board of Trustees. The library may provide the president of the Board with an annual membership to the American Library Association. Travel expenses toward members’ attendance at conferences and meetings should be considered and approved on an individual basis prior to attendance.
Board members shall be reimbursed $10/meeting to attend regular board meetings and special meetings for conducting library business.
Vacancy, Removal, Resignation of Members (Updated 04/18)
The president of the library board of trustees shall notify the county commissioner of more than three unexplained absences from board meetings.
Any resignation or vacancy which occurs in the unexpired term of a board member by the appropriate appointing county commission.
A letter of resignation shall be sent by the resignee to the president of the Board, with a copy to the library Director. Upon receipt of a letter of resignation, the Director will notify the appropriate county commission. The Director shall request that the appointing body appoint a board member to fill the unexpired portion of the term.
If no letter of resignation is sent, a verbal resignation in front of two Library Board members of good standing will also indicate resignation from the board.
It is the policy of Little Dixie Regional Libraries board to remove board members who fail to perform in the expected duties of a Board member. A Board member may be removed because of
· Negligence of board duties and responsibilities
· Failure to attend board meetings regularly (three unexplained absences)
· Illegal activity as a member of the Board
· Acting in any manner detrimental to Little Dixie Regional Libraries
· After a vote of censure by the Library Board
· Failure to abide by conflict of interest policies
· Knowingly act to the detriment of the library system
· A board member is found to not be following the Federal or State Laws
Board members may be removed by a majority vote of all currently serving Board members, and a motion to remove will state clearly the cause for removal.
Library Director: The Board of Trustees as a whole shall be invested with powers of hiring, evaluating, remunerating and disciplining the Director of the Library District under general personnel policies as established by the Board. Annual evaluations of the Director shall be conducted by the Board of Trustees.
Posted online September 7, 2021
Public Comment, ARTICLE X - Updated January 12, 2023