Board By-Laws

Marmora & Lake Public Library

Policy Type: Board By-laws

Policy Title: Statement of Authority, Powers and Duties

Policy Number: BL-01

Policy Approval Date: March 20, 2017                Date of Previous Review:  March 2025

Date of Next Review: March 2029

1.       Authority of the Board - The Marmora & Lake Public Library Board bears legal responsibility for the library by ensuring that it operates in accordance with the Public Libraries Act, R.S.O. 1990, c P.44.  The purpose of this bylaw is to define the legal authority of the board.

a)       In accordance with the Public Libraries Act, s. 3 (1), the council of the municipality of Marmora & Lake has established the Marmora & Lake Public Library by the adoption of municipal bylaw in 2001.

b)      In accordance with the Public Libraries Act, s.3 (3), the Marmora & Lake Public Library shall be under the management and control of the Marmora & Lake Public Library Board which is a corporation.  

2.       Powers of the Board - The powers and duties of the board are prescribed in the Public Libraries Act, R.S.O. 1990, c. P44, to which this bylaw adheres. The role of the board is to govern the affairs of the library.  In accordance with the Public Libraries Act, s. 20, the Marmora & Lake Public Library Board: 

a)       shall seek to provide, in co-operation with other boards, a comprehensive and efficient public library service that reflects the community’s unique needs

b)      shall provide library services in the French language, where appropriate

c)       shall operate one or more libraries and ensure that they are conducted in accordance with this Act and the regulations

d)      may operate special services in connection with a library as it considers necessary

e)      shall fix the times and places for board meetings and the mode of calling and conducting them, and ensure that full and correct minutes are kept

f)        shall make an annual report to the Minister and make any other reports required by this Act and the regulations or requested by the Minister from time to time

g)       shall make provision for insuring the board’s real and personal property

h)      shall take proper security for the treasurer

i)        may appoint such committees as it considers expedient

3.       Amendments to Board By-laws - Bylaws are the fundamental governing rules of the board. The purpose of this bylaw is to state the conditions under which bylaws are amended.

a)       Bylaws may be amended in response to legislation or when circumstances change.

b)      At a board meeting any member can propose a review or an amendment of a bylaw.

c)       All members of the board will receive notice and draft of proposed changes prior to the next board meeting at which a motion for amendment may be tabled. 

d)      A motion to add, amend or remove a bylaw shall require a majority vote of at least two thirds of the members in order to be carried.

Related Documents:

●        Council of the Municipality of Marmora & Lake, Bylaw # 2001-15

Marmora & Lake Public Library

Policy Type: Board By-laws

Policy Title: Organization and Composition of Board

Policy Number: BL-02

Policy Approval Date: March 20, 2017            Date of Previous Review:  2025

Date of Next Review: March 2029

Where required, the board adheres to the Public Libraries Act, R.S.O. 1990, c. P44 as it relates to its composition.  The purpose of this bylaw is to guide the council’s appointment process and the board’s election and appointment of its officers.

Section 1: Composition

1.       While the Public Libraries Act, s. 9(1) prescribes a board of no fewer than 5 members, and gives the municipal council the power to make appointments, the Marmora & Lake Library Board endorses a board that consist of at least 5, and no more than 9 members.   One member shall be from Municipal Council and four to eight members-at-large. 

2.       In accordance with the Public Libraries Act, s. 10(4), municipal council will appoint all board members at the first meeting of council in each term. 

3.       In accordance with the Public Libraries Act, s. 10 (3), a board member shall hold office for a term concurrent with the term of the appointing municipal council, or until a successor is appointed.

4.       A board member may be re-appointed for one or more terms. A member seeking re-appointment must follow the same process of application for consideration as for new candidates to the board.

5.       In accordance with the Public Libraries Act, s. 13, if any member of the board is disqualified from holding office, the members shall forthwith declare the seat vacant and notify council accordingly. 

6.       In accordance with the Public Libraries Act, s.12, when a vacancy arises in the membership of the board, the municipal council shall promptly appoint a person to fill the vacancy and to hold the office for the unexpired term, except where the unexpired term is less than forty-five days.

Section 2:  Officers

● In accordance with the Public Libraries Act, s. 14-15, the officers of the board are the chairperson, vice-chairperson, the secretary and the treasurer. 

● In accordance with the Public Libraries Act, s. 14(3), the chair and vice-chair shall be elected at the first meeting in a new term. If any of the officers step down, retires or is dismissed during his/her term, the board must immediately elect or appoint a new officer.

● The board shall appoint a CEO, who will also serve as Secretary and Treasurer of the Library Board. 

● The Board shall appoint three signing officers, two of whom shall be the Board Chair and Treasurer/CEO.  Two of three signatures are required on amounts over $500 and only one signature for amounts up to $500.

Related Documents:

● Marmora & Lake Public Library.  BL 03 – Terms of Reference of the Officers

Marmora & Lake Public Library

Policy Type: Board By-laws

Policy Title: Terms of Reference for Officers

Policy Number: BL-03

Policy Approval Date: March 20, 2017                Date of Previous Review:  March 2025

Date of Next Review: March 2029

The Marmora & Lake Public Library Board elects and appoints officers.  The officers must ensure the proper functioning of the board and the proper conduct of board business, in accordance with appropriate legislation and prescribed rules of procedure.   This bylaw outlines the responsibilities of these officers.

Section 1: Terms of Reference of the Chair

1.       In accordance with the Public Libraries Act, R.S.O. 1990, c. P44 s. 14 (3), a board shall elect one of its members as chair at its first meeting in a new term. 

2.       The term of office for the chair of the Marmora & Lake Public Library shall be for the term of the board. 

3.       In accordance with the Public Libraries Act, s. 14(4), the board, in the absence of the chair, may appoint an acting chair.  See Section 2: Terms of Reference of the Vice Chair.

4.       Subsequent to the election and at the first meeting of the board in the new term, the chair shall be elected for the term of the board.

5.       The chair leads the board, acts as an official representative of the library, ensures the proper functioning of the board and the proper conduct of board business, in accordance with appropriate legislation and prescribed rules of procedure adopted by the board.

6.       The chair will:

a)       preside at regular and special meetings of the board

b)       set the agenda in consultation with the CEO

c)       ensure that business is dealt with expeditiously and help the board work as a team

d)       in accordance with Public Libraries Act, s. 16(6), vote on all questions 

e)       act as an authorized signing officer of all documents pertaining to board business 

f)        co-ordinate the CEO evaluation process

g)       share with the CEO the responsibility for conducting board orientation

h)       co-ordinate the board’s evaluation process 

i)         represent the board, alone or with other members of the board, at any public or private meetings for the purpose of conducting, promoting or completing the business of the board 

j)         not commit the board to any course of action in the absence of the specific authority of the board.

Marmora & Lake Public Library – Board By-laws - BL-03 (continued)

Section 2: Terms of Reference of the Vice-Chair

1. The election of vice-chair shall take place at the first meeting in each calendar year for the term of the board.

2. The vice-chair will be acting chair for the duration of the absence of the chair.

Section 3: Terms of Reference of the Secretary

1. The CEO of the Marmora & Lake Public Library serves as secretary of the board, as permitted by the Public Libraries Act, s. 15(5).

2. The secretary acts as the record-keeper to the board. In the absence of the secretary, the board may appoint one of its members as the acting secretary.

3. In accordance with the Public Libraries Act, s. 15(3), the secretary will:

a)       conduct the board's official correspondence

b)      keep minutes of every meeting of the board

4. In addition, the secretary will:

a)       prepare the agenda prior to each board meeting, in cooperation with the chair

b)      distribute the agenda, with all reports and enclosures, to all board members prior to the relevant board meeting 

c)       distribute the minutes to all board members not less than three days prior to the next board meeting

Section 4: Terms of Reference of the Treasurer

1.        In accordance with the Public Libraries Act, s. 14(4), the board shall appoint a treasurer.

2. The treasurer shall monitor the financial activities of the library and shall ensure that complete and accurate records are kept in accordance with generally accepted accounting practices.

3. The Library Board will use the financial services of the municipality, who will look after the required financial elements, under the Public Libraries Act, s. 14(4), specifically to:

a)       receive and account for all the board's money

b)      open an account or accounts in the name of the board in a chartered bank, trust company or credit union approved by the board

c)       deposit all money received on the board’s behalf to the credit of that account or accounts

d)      disburse the money as the board directs

4. The board treasurer will provide the board with a report of all financial transactions and of the financial position of the library, monthly or as otherwise required.

Marmora & Lake Public Library – Board By-laws - BL-03 (continued)

Section 5: Terms of Reference of the Chief Executive Officer (CEO)

1. In accordance with the Public Libraries Act, s.15(2), the Marmora & Lake Public Library Board appoints the CEO, who shall attend all board meetings. 

2. The board delegates the authority for management and operation of services to the CEO.

3. As an officer of the board, the CEO:

a)       acts as the secretary and treasurer to the board

b)      does not vote on board business

c)       sits ex-officio on all committees of the board and acts as a resource person

d)      assists and supports the board at the presentation of the library budget before the council

e)      reports directly to the board on the affairs of the library and makes recommendations he or she considers necessary

f)        interprets and communicates the board’s decisions to the staff.

Marmora & Lake Public Library

Policy Type: Board By-laws

Policy Title: Terms of Reference for Officers

Policy Number: BL-03

Policy Approval Date: March 20, 2017                Date of Previous Review:  March 2025

Date of Next Review: March 2029

The Marmora & Lake Public Library Board elects and appoints officers.  The officers must ensure the proper functioning of the board and the proper conduct of board business, in accordance with appropriate legislation and prescribed rules of procedure.   This bylaw outlines the responsibilities of these officers.

Section 1: Terms of Reference of the Chair

1.       In accordance with the Public Libraries Act, R.S.O. 1990, c. P44 s. 14 (3), a board shall elect one of its members as chair at its first meeting in a new term. 

2.       The term of office for the chair of the Marmora & Lake Public Library shall be for the term of the board. 

3.       In accordance with the Public Libraries Act, s. 14(4), the board, in the absence of the chair, may appoint an acting chair.  See Section 2: Terms of Reference of the Vice Chair.

4.       Subsequent to the election and at the first meeting of the board in the new term, the chair shall be elected for the term of the board.

5.       The chair leads the board, acts as an official representative of the library, ensures the proper functioning of the board and the proper conduct of board business, in accordance with appropriate legislation and prescribed rules of procedure adopted by the board.

6.       The chair will:

a)       preside at regular and special meetings of the board

b)       set the agenda in consultation with the CEO

c)       ensure that business is dealt with expeditiously and help the board work as a team

d)       in accordance with Public Libraries Act, s. 16(6), vote on all questions 

e)       act as an authorized signing officer of all documents pertaining to board business 

f)        co-ordinate the CEO evaluation process

g)       share with the CEO the responsibility for conducting board orientation

h)       co-ordinate the board’s evaluation process 

i)         represent the board, alone or with other members of the board, at any public or private meetings for the purpose of conducting, promoting or completing the business of the board 

j)         not commit the board to any course of action in the absence of the specific authority of the board.

Marmora & Lake Public Library – Board By-laws - BL-03 (continued)

Section 2: Terms of Reference of the Vice-Chair

1. The election of vice-chair shall take place at the first meeting in each calendar year for the term of the board.

2. The vice-chair will be acting chair for the duration of the absence of the chair.

Section 3: Terms of Reference of the Secretary

1. The CEO of the Marmora & Lake Public Library serves as secretary of the board, as permitted by the Public Libraries Act, s. 15(5).

2. The secretary acts as the record-keeper to the board. In the absence of the secretary, the board may appoint one of its members as the acting secretary.

3. In accordance with the Public Libraries Act, s. 15(3), the secretary will:

a)       conduct the board's official correspondence

b)      keep minutes of every meeting of the board

4. In addition, the secretary will:

a)       prepare the agenda prior to each board meeting, in cooperation with the chair

b)      distribute the agenda, with all reports and enclosures, to all board members prior to the relevant board meeting 

c)       distribute the minutes to all board members not less than three days prior to the next board meeting

Section 4: Terms of Reference of the Treasurer

1.        In accordance with the Public Libraries Act, s. 14(4), the board shall appoint a treasurer.

2. The treasurer shall monitor the financial activities of the library and shall ensure that complete and accurate records are kept in accordance with generally accepted accounting practices.

3. The Library Board will use the financial services of the municipality, who will look after the required financial elements, under the Public Libraries Act, s. 14(4), specifically to:

a)       receive and account for all the board's money

b)      open an account or accounts in the name of the board in a chartered bank, trust company or credit union approved by the board

c)       deposit all money received on the board’s behalf to the credit of that account or accounts

d)      disburse the money as the board directs

4. The board treasurer will provide the board with a report of all financial transactions and of the financial position of the library, monthly or as otherwise required.

Marmora & Lake Public Library – Board By-laws - BL-03 (continued)

Section 5: Terms of Reference of the Chief Executive Officer (CEO)

1. In accordance with the Public Libraries Act, s.15(2), the Marmora & Lake Public Library Board appoints the CEO, who shall attend all board meetings. 

2. The board delegates the authority for management and operation of services to the CEO.

3. As an officer of the board, the CEO:

a)       acts as the secretary and treasurer to the board

b)      does not vote on board business

c)       sits ex-officio on all committees of the board and acts as a resource person

d)      assists and supports the board at the presentation of the library budget before the council

e)      reports directly to the board on the affairs of the library and makes recommendations he or she considers necessary

f)        interprets and communicates the board’s decisions to the staff.