Bylaws

I. INTRODUCTORY STATEMENT

All matters of membership, election, duties, powers, etc., of this Board are governed by the Illinois Public Library District Act of 1991, 75 ILCS 16/1 – 1 et. seq., as amended. The Board of Trustees, elected or appointed, is vested with the powers and duties set forth in that Act and these Bylaws. In carrying out its duties, the Board shall always act as a whole, no individual member or committee having power to act except as specifically granted by the Board. The Board shall not grant an individual member or committee power to act except as defined within these bylaws.

The matters contained in these Bylaws are to serve for further advisement and/or guidance of the Board of Trustees and its Officers, elected or appointed, and are not to be construed as conferring any contractual rights, terms, conditions, or privileges of employment upon employees.

II. NAME

The name of this body shall be “The Board of Library Trustees of the Niles-Maine District Library, Cook County, Illinois.”

III. ESTABLISHMENT

The Niles-Maine District Library was established by passage of an Establishment Referendum of April 18, 1959, under the provisions of “An Act in relation to the creation of Public Library Districts,” approved May 16, 1957, and is therefore deemed to have been established pursuant to the Act of 1991.

IV. ELECTIONS

All elections shall be governed by the Illinois Election Code, 10 ILCS 5/1-1 et. seq., as applicable to Public Library Districts pursuant to the Illinois Public Library District Act of 1991, and by “An Ordinance Establishing Election Procedures for the Niles-Maine District Library,” dates 15 May 1968, as amended 13 March 1974 or as later amended by ordinance.

V. BOARD OF LIBRARY TRUSTEES

Consists of seven Trustees. Trustees are elected every two years at the Consolidated Election under the Election Code for six-year terms. Trustees’ terms are staggered in accord with the provisions of Section 30-10 of the Public Library District Act 75 ILCS 16/30-10. Vacancies are filled by appointment of the remaining Trustees pursuant to the applicable provisions of the Public Library District Act.

The Board of Library Trustees of the Niles-Maine District Library is charged with the responsibility of the governance of the library. The Board will hire a skilled Library Director who will be responsible for the day-to-day operations of the library. The Board will meet at least once per month. These meetings will be open to the public and noticed in advance. Any Board member who is unable to attend a meeting will contact, if practicable, the Board President and the Executive Director to indicate he or she will be absent. Since a quorum is required for each meeting, this information should be shared as far in advance of an absence as possible.

Board members are not to be compensated pursuant to statute but will be reimbursed for necessary and related expenses as trustees. To be effective, Board members must attend most meetings, read materials presented for review, and attend an occasional library system, or other library-related, workshop, seminar, or meeting. The Executive Director will make the dates of these workshops known to the Board in a timely manner. It is the goal of the Board to have each member attend a minimum of one library-related workshop, seminar, or meeting during each calendar year. Travel and training expenses will be reimbursed to trustees following the same policy that governs reimbursement for travel and training expenses for library staff.

Board members are not exempt from library late fees, fines, or other user fees when applicable.

VI. NEW TRUSTEES

Within ninety (90) days of being sworn in, new trustees shall meet with the Executive Director and the Vice President to examine the library property and review library services. Within these ninety (90) days new trustees must also complete their review of an orientation packet, which will include library policies, financial information for the previous and current fiscal year, and other relevant information as prepared by the Executive Director and Vice President.

VII. QUORUM

Four members of the Board constitute a quorum for the transaction of such business as shall be necessary. Unless otherwise provided by law, when a vote is taken on any measure before the Board, a quorum being present, a majority of the votes of the members present and voting shall be necessary for passage of the measure. A meeting lacking a quorum may be adjourned to a later time.

Quorum for a committee constitutes more than half of the appointed committee members. For example, a quorum for a three (3) person committee is two (2). Both members of a two (2) person committee must be present to discuss committee business.

VIII. ORGANIZATION MEETINGS

(A) All meetings shall comply with the provisions of the Illinois Open Meetings Act, 5 ILCS 120/1.01 et. seq. Members may be permitted to attend meetings by teleconference in accord with the Rules for such participation. See Appendix F.

(B) Within 74 days after their election or appointment, the incumbent and new trustees shall take their oath of office as prescribed by law and meet to organize the board. This shall normally occur at the next regular meeting in the month of May following the election. The first action taken at this meeting shall be the election of a president, a vice-president, a secretary, and a treasurer from among the trustees. The secretary shall then record the membership of the board.

(C) The regular meetings of the Board shall normally be held on the third (3rd) Wednesday of the month at 7:00 p.m. in the Board Room of the main library building, 6960 Oakton Street, Niles, Illinois, or at such other place as may be from time to time designated by the Board in accord with the notice requirements of the Illinois Open Meetings Act.

(D) At the beginning of each fiscal year, the Board shall, by ordinance, specify regular meeting dates and times. The Executive Director shall then (1) provide for the local newspaper the schedule of regular meetings of the Board for the ensuing fiscal year, and (2) post the schedule of meetings in the library and on the library’s website with dates, times, and places of such meetings.

(E) Special meetings shall be held at any time when called by the President or Secretary or by any four (4) trustees of the Board, provided that notice with the agenda of the special meeting is given at least forty-eight (48) hours in advance, except in the case of a bona fide emergency, to Board members and to any new medium which has filed an annual request for notice under the Open Meetings Act; no business except that stated in the notice and agenda shall be transacted. Notice and agenda shall be posted forty-eight (48) hours in advance on the front door of the library, and on the library's website, except in the case of a bona fide emergency.

(F) An agenda is required for all meetings. The agenda items for regular meetings may include, but not be limited to, the following items:

1 ---- Call to Order/Roll Call

2 ---- Pledge of Allegiance

3 ---- Public Comment

4 ---- Consent Agenda

(a) Approval of Minutes

(b) Payment of the Bills

(c) Treasurer’s Report

(d) Trustee Reports

(e) Executive Director’s Report

(f) Communications & Committee Reports

5 ---- Unfinished Business

6 ---- New Business

7 ---- Executive Session

8 ---- Action, if any, on executive session items

9 ---- Other

10 ---- Adjournment

(G) Agenda items must be emailed to the Executive Director and the Board President for inclusion. Items submitted with less than seven (7) days’ advanced notice will be considered for the following month’s Board meeting, unless extenuating circumstances are presented along with the request. If the President and/or the Executive Director disagree with including an agenda item, it will be sent to the full Board for consideration.

(H) All votes on any question during a meeting shall be by ayes and nays (roll call) and recorded by the Secretary. Absentees and abstentions from voting shall be noted but shall not be counted for or against the question being voted on.

(I) All votes shall be recorded by the Secretary. Only Yes and No votes will be counted as for or against the question being voted on. Once a vote is called for, no further comments or discussion will be allowed. All votes on any questions shall be as follows:

 Yes – in favor

 No – not in favor

 Abstain – to cast neither a positive nor a negative vote

 Pass – to delay casting a vote and be called upon again after everyone else votes. Only one pass vote is allowed per member on a vote.

IX. STANDING AND SPECIAL COMMITTEES

The Board may create committees for the study and investigation of extensive library business and to deal with special subjects. The President shall appoint the members of standing committees annually, and special committees as needed, unless they are appointed by the vote of the Board. The Board shall discontinue such committees when it deems it appropriate to do so. The President shall select the Chair and appoint members to all committees.

Committees shall meet on call of their respective chairperson or two members thereof. Committee meetings shall comply with the provisions of the Illinois Open Meetings Act.

In case of the absence of the chairperson of any committee, or his or her inability to act, the chairperson’s duties shall be assumed by the next member of the committee in order of appointment thereto.

Committees may include, but are not limited to, the Finance Committee, the Personnel Committee, the Policy Committee, the Building and Grounds Committee, and the Librarian Search Committee:

(A) Finance Committee

The Finance Committee shall be comprised of at least the Treasurer and the Executive Director or his/her designee. The Finance Committee’s responsibilities include, but are not limited to, drafting a preliminary Budget or Budget and Appropriations Ordinance for full board approval, drafting a Levy for full Board approval, drafting a working budget for full Board approval, monitoring library investments, and implementing the library’s investment policy.

(B) Personnel Committee

The Personnel Committee shall be comprised of at least the President and the Executive Director or his/her designee. The Personnel Committee’s responsibilities include, but are not limited to, preparation of the annual review of the Library Director for discussion among the full Board prior to the formal review, assisting the Library Director in the preparation of his or her annual statement of goals and objectives for the coming year, and assuming a leadership role in the resolution of any personnel conflict that cannot be resolved by the Executive Director. The Executive Director is responsible for the annual review of all other library employees.

(C) Policy Committee

The Policy Committee shall be comprised of at least one (1) member of the Board of Library Trustees and the Executive Director or his/her designee. The primary responsibility of the Policy Committee is to develop policies governing the operations of the library. These policies shall include, but are not limited to, the division of responsibility between Board and staff, and a Library Materials Selection Policy, and shall adhere to the “Library Bill of Rights” and the “Freedom to Read” statements of the American Library Association. The committee shall determine the library regulations governing the use of the Library and review sections of existing policy in a systematic fashion to ensure that all policy is reviewed at an interval not to exceed three years. As a result of such policy reviews, the Policy Committee will make recommendations regarding additions or changes to existing policy as well as deleting policies which are no longer appropriate or of value. The entire Library Policy must be approved by Board vote and made readily available to the public.

(D) Building and Grounds Committee

The Building and Grounds Committee shall be comprised of one (1) member of the Board of Library Trustees and the Library Director or his/her designee. The Building and Grounds Committee’s responsibilities include, but are not limited to, conducting an annual inspection of the library’s physical facility to identify areas which are in need of repair and making recommendations to the full Board regarding any and all repairs which are deemed necessary either as a result of the annual inspection or throughout the year as the need arises.

(E) Executive Director Search Committee

When the position of Executive Director falls vacant, the Board shall immediately select an acting Director for the interim and establish a Executive Director Search Committee, which shall at least consist of the President and the Human Resources Manager. Applications for the position of Executive Director shall be filed at the library and available to all Board members. The Search Committee shall report the results of applications and interviews to the Board. Five votes shall be required for the Board to hire an Executive Director, after which the Search Committee is dissolved.

X. OFFICERS AND ELECTIONS

Officers of the Board shall be a President, a Vice-President, a Secretary, and a Treasurer. Officers shall be elected by the members present at the next regular meeting in the month of May following the biennial election of members of the Board, by a ballot vote. Officers shall hold office for a two (2) year period. Trustees may only hold one office at any given time. No trustee shall hold the same office for two (2) consecutive terms, except if approved by a vote of five (5) trustees. In the event of a resignation from an office, an election to fill the unexpired term of that officer will be conducted by a ballot vote at the next regular meeting.

In the case of a vacancy in one of the offices, the Board shall elect a trustee to temporarily fill the officer vacancy. The Board shall elect an officer to permanently fill the vacancy for the unexpired term when all trustee vacancies have been filled.

(A) President – The President of the Board shall preside at all meetings of the Board and may vote on motions before the Board. He or she shall sign such documents on behalf of the Board as required; shall appoint committee members as required to carry out specific duties; authorize calls for special meetings; and generally perform the duties of a presiding officer. The President shall have final approval of the agenda for all Board meetings. The President shall be the only spokesperson for the Board of Library Trustees for all media requests, as well as for advisory or disciplinary action which has gone beyond the scope of the authority delegated to the Executive Director. The President must consult with the Board and arrive at an agreed-upon statement or position with the majority of the Board prior to making any statements on behalf of the Board.

(B) Vice-President – The Vice-President of the Board shall, in the absence of the President, shall assume all duties of the President. The Vice-President shall work with the Executive Director to develop and implement an onboarding process for newly elected trustees. The Vice-President shall read all motions into the record at Board meetings.

(C) Treasurer – The Treasurer shall keep and maintain accounts and records of the District Library during his or her term of office. To assist in these duties, the Board shall utilize the services of a qualified accountant who is responsible to the Board for maintenance of financial records and reports as required by governmental agencies, e.g. tax reports, audits, etc. The Board shall annually employ a certified public accountant to perform an audit of the treasurer’s records.

(D) Secretary – The Secretary shall keep an accurate record of all Board business. He or she shall keep minutes of all Board meetings, record attendance, and record a roll call on all votes (except when a ballot vote is taken). The Secretary shall also serve as Clerk of Elections. The Secretary may delegate duties, but shall retain final responsibility. The Secretary’s responsibilities shall include certifying and submission of reports, ordinances, etc., as required by law.

XI. BI-ANNUAL STATEMENT OF POLICY VIA RESOLUTION

The Board shall approve via Resolution a written statement of policy for the selection of materials and the use of library materials and facilities for the governance of the Library, public notice of which shall be given as required by law. Every two years, the Board shall review this document with a view to revising or adding to it as may be necessary. The final document shall be put before the Board for approval by a majority vote. However, nothing in the above shall prevent revisions of the statement of policies at any time required.

XII. BIDS AND CONTRACTS

The Executive Director shall present recommendations for advance approval of purchases in excess of $10,000 to the Board. (Normal purchases of books, periodicals, and other library materials are not included in this requirement of advance approval.)

Any purchase or contract costing $25,000 or more shall be subject to call for sealed bids and satisfactory evidence of ability to furnish materials and/or services in compliance with required specifications and all applicable law. The Board of Trustees may, by a majority vote of all its members, authorize its officers to enter into a contract without advertising for bids when the Board of Trustees deems that there is insufficient time to solicit bids of that the regular bidding process is otherwise not feasible, applicable, or practical under the circumstances, except when bidding is required under Article 40 of the Illinois Public Library District Act of 1991.

When bidding is required under Article 40 of the Illinois Public Library District Act of 1991, contracts may be let without public advertisement when a majority of all members of the Board of Trustees declares at a Board meeting that an emergency exists which affects public health or safety, to the extent necessary to resolve such emergency. The resolution declaring the emergency shall set forth the nature of the danger to the public health or safety and specify the date upon which the emergency shall terminate, which date may be changed as the Board of Trustees deems necessary under the circumstances.

XIII. AMENDMENTS

Changes to the Bylaws may only be made at a regular meeting of the Board of Trustees with five or more Trustees voting in favor of the changes.

XIV.  MISCELLANEOUS

The fiscal year of the Library shall be from the first day of July to the last day of June, inclusive.

The rules of parliamentary practice comprised in Robert’s Rules of Order shall govern the proceedings of the board in all cases to which they are applicable, and in which they do not conflict with these Bylaws provided, however, that the Board reserves the right to waive Robert’s Rules of Order when deemed necessary and desirable.

Any liability or monetary damage assessed or adjudicated against a Library Trustee and not fully compensated by insurance or any other source shall be reimbursed by the District to such Trustee or Trustees, so long as the liability or monetary damage was incurred while the Trustee was acting in his or her capacity as Library Trustee. Further, to the maximum extent permitted by law, board members shall be indemnified and protected against all claims and suits brought against them for any act or failure to act in their capacity as members of the Board.

XV. DELEGATION OF AUTHORITY TO THE EXECUTIVE DIRECTOR

The Board shall appoint an Executive Director who, as the technical expert, will have full responsibility for services, programs, books selections, and personnel management. The Executive Director shall attend all Board meetings, including all executive sessions, unless specifically excluded, as advisor to the Board on professional Library matters, and shall be responsible for recommending policies and for bringing to the attention of the Board the desirability of formulating policies.

The Executive Director shall not be a voting member of the Board but may be appointed by and authorized by the Board to act for the Board under its specific instructions. For example: The Executive Director may be authorized to sign contracts dealing with dayto-day operations; may be appointed to serve as assistant clerk of elections; may be appointed as recorder of minutes of meetings, etc.

The Executive Director, in consultation with the Board President, shall prepare an agenda for each meeting, bringing before the Board such items as may require Board action and any information which may be of need to the members in their governance of the Library. Any information which may require advance study shall be furnished by the Friday prior to a Regular Board meeting, or five (5) days prior to any Special meeting when possible, at which the matter is to be acted upon.

The full scope of the Board’s Delegation of Authority to the Executive Director is defined in the Delegation of Authority to the Executive Director policy (Appendix A).