Bylaws of the Whitefish Community Library Board of Trustees
ARTICLE I. GENERAL
Section 1. Scope of the Organization A. The name of this organization shall be the Whitefish Community Library Board of Trustees. B. The Board of Trustees is established under Montana Code Annotated 22-1-301 through 22-1-317, following the establishment of the Whitefish Community Library by Resolution No. 10-48 by the Whitefish City Council on November 15, 2010, and establishment of the Whitefish Community Library Board of Trustees by Ordinance No. 10-19 by the Whitefish City Council on December 6, 2010.
ARTICLE II. BOARD OF TRUSTEES
Section 1. Purpose A. The purpose of the Whitefish Community Library is to promote library interest and to raise the standards of library services in the Whitefish community.
Section 2. Recruitment A. Any vacancy on the Board of Trustees shall be publicized through the media, including, but not limited to, The Whitefish Pilot and notices displayed in the City Hall and the Library. B. Prospective Trustees will be invited to complete a written application, which shall be returned to the Library Director. The Board of Trustees shall study each application and make its recommendation to the Whitefish Mayor and Council.
Section 3. Appointment of Trustees A. The Mayor of the City of Whitefish shall appoint Trustees, with City Council advice and consent, from recommendations provided by the Library Board of Trustees. B. After serving for two full terms, a minimum of a one-year break in service must transpire before a former Trustee can be appointed again to the Board of Trustees.
Section 4. Alternate Trustee A. Alternate trustees may be appointed by the Mayor of the City of Whitefish, with City Council advice and consent, from recommendations provided by the Library Board of Trustees. B. The purpose of appointing alternate trustees is to assist in the orderly replacement of members in the event of vacancies on the Board of Trustees. C. Alternate trustees shall not advance to full trustee status until appointed to the Board of Trustees as provided in Section 3 of these Bylaws. D. Alternate trustees may attend all meetings and participate in all discussions but shall not have voting rights.
Section 5. Number of Trustees The Board shall consist of five (5) Trustees each of whom is eligible to vote on all matters before it for consideration.
Section 6. Eligibility of Trustees A. Four (4) Trustees must be residents of the City of Whitefish. One (1) Trustee must reside within the boundaries of School District #44. B. Only one (1) Trustee may be an elected official of the City of Whitefish at any given time or be a paid staff person of the City of Whitefish.
Section 7. Tenure of Trustees A. Terms of Trustees: Trustee terms shall be for five (5) years, although initially the appointments must be made for 1, 2, 3, 4, and 5 year terms. Annually thereafter, trustees must be appointed before July 1 of each year for a full five year term, in the same manner as the original appointments. -or A. Trustees shall hold office for five (5) years from the date of appointment or until their successor is appointed. All terms shall expire on June 30th. Annually, before the first day of July of each year, a Trustee shall be appointed to take the place of the retiring Trustee.
Initial Staggered Terms of Office. The first appointed Trustees have been assigned to positions that correspond with the following expiration dates: Position Number Initial Term/Expiration Date I Ray Boksich (1 year term) 2 Alison Pomerantz (2 year term) 3 Mike Collins (3 year term) June 30, 2012 June 30, 2013 June 30, 2014 4 Mary Vail (4 year term) June 30, 2015 5 Anne Shaw Moran (5 year term) June 30, 2016
As each of the above listed expiration dates has passed, a Trustee appointed to the position shall thereafter serve a full five (5) year term. B. Trustees shall serve no more than two (2) full terms of five years each in succession. C. A Trustee being appointed to fill the unexpired portion of a term created by a vacancy is eligible to fill the unexpired portion of that term, and then may be reappointed for two (2) full consecutive terms.
Section 8. Conflict of Interest A. Any Board member who is aware of a potential conflict of interest with any matter coming before the Board must declare the conflict, and shall abstain from voting in connection with the matter. B. A Board member declaring a conflict may be counted in establishing a required quorum, even though they are not voting.
ARTICLE Ill. EXECUTIVE OFFICERS
Section 1. Officers
A. The elected officers of the Board shall be Chair, Vice-Chair, Treasurer, and Tamarack Representative. Until the first Library Director and staff are hired, a board member shall be named to act as Secretary to fulfill the applicable duties.
Section 2. Election and Term of Office A. Officers of the Board shall be elected by the Board at its regular meeting held each year in the month of July, or as soon after as feasible. The term of office for all elected officers shall be one (1) year, or until June 30th, whichever comes first.
Section 3. Removal of an Officer A. Any officers elected or appointed by the Board may be removed by the Board whenever, in its judgment, the best interests of the Library would thus be served. Such removal of any officer will be effectuated by a unanimous vote of the other members of the Board.
Section 4. Vacancies Amended and Approved January 12, 2022, Page 3 A. A vacancy in any elected office may be filled by the Board for the unexpired portion of the term.
Section 5. Duties of the Chair A. The Chair shall preside at all meetings, shall appoint all standing and special committees and shall perform all duties incident to the office of Chair and such other duties as prescribed by the Board from time to time. The Chair shall be an ex-officio member of all committees.
Section 6. Duties of the Vice-Chair A. In the absence of the Chair or in the event of his/her inability or refusal to act, the Vice-Chair shall perform all duties of the Chair, and, when so acting, shall have the powers of and be subject to all restrictions upon the Chair. In the absence of both Chair and Vice-Chair, a Board member designated by the Board members in attendance shall exercise the Chair’s functions.
Section 7. Duties of the Treasurer A. The Treasurer shall perform all duties incident to the office of Treasurer and such other duties as prescribed by the Board from time to time. Following Board approval and in cooperation with the Library Director and City staff, the Treasurer shall: process invoices and maintain an ongoing file of invoice copies; produce regular periodic financial reports, including the annual report to the Board and City Council. In conjunction with the Library Director, will draft and submit the annual budget to the Library Trustees for review and approval, and to present the budget once approved to the City Council.
Section 8. Duties of the Secretary A. The Library Director (Chief Librarian) shall serve as Secretary of the Board, but does not hold a voting position on the Board. B. The Secretary shall keep a true and accurate account of all proceedings of the Board meetings, shall issue notices of all regular and special meetings, and shall have custody of the minutes and other records of the Board. The minutes shall, at a minimum, make note of the date, time, and meeting place of any meeting of the Board in which a quorum is present, whose purpose is to discuss, consider, or act on any matter pertaining to the Library.
Section 9. Tamarack Representative A. In accordance with membership in the Tamarack Federation, one (1) member of the Board of Trustees will be elected to represent the Whitefish Community Library. Amended and Approved January 12, 2022, Page 4 Election of this representative for a term of one (1) year will occur with the election of officers at the regularly scheduled meeting in July of each year. B. The representative will present an oral or written report of any Federation meeting to the Board at its next regularly scheduled meeting. The report shall constitute an official part of the minutes and be attached to the minutes.
ARTICLE IV. MEETINGS
Section 1. Regular Meetings A. The Board shall hold monthly meetings January through November on the second Wednesday of each month, at 7:00 PM, or as otherwise agreed to by the Board. Any such regularly scheduled meeting which conflicts with an established holiday shall be moved back one week.
Section 2. Special Meetings A. Special meetings of the Board may be called by the Secretary upon the discretion of the Chair or upon written request of two (2) or more members of the Board. All special meetings shall be publicly noticed in the manner established by these bylaws.
Section 3. Place of the Meeting A. All meetings shall be held in the community room of the Whitefish Community Library or at such other place as designated by the Board.
Section 4. Notice of the Meetings Written notice of meetings will be made available to all Trustees and members of the public. Notice of meetings will be posted on the door of City Hall or the Whitefish Community Library.
Section 5. Quorum Required for Meetings The presence of three (3) or more Trustees constitutes a quorum for the transaction of business. Every act or decision done or made by a majority of the Trustees present at a duly held meeting at which a quorum is present shall be regarded as the act or decision of the Board.
Section 6. Manner of Acting A vote of the majority of the Trustees present at which a quorum is present shall be necessary for the adoption of any matter unless a greater proportion is required by law or by these Bylaws.
Section 7. Parliamentary Rules A. Robert’s Rules of Order, Newly Revised, Procedures for Small Boards, shall govern the parliamentary procedure of the Board of Trustees. Section 8. Attendance at Meetings A. Board members and officers are expected to attend all regularly scheduled Board meetings. Any Board member or officer who is unable to attend a regularly scheduled meeting shall notify the Chair or Vice Chair prior to the meeting. B. Any officer who misses more than three (3) meetings within a one (1) year period without giving prior notification to the Secretary, or any officer who misses more than four (4) meetings within a one (1) year period (other than absences excused by personal emergency), may be removed from office by unanimous vote of the remaining members. C. If a Board member misses more than two (2) meetings within a one (1) year period without giving prior notification to the Chair or Vice Chair, or misses more than four (4) meetings within a one (1) year period (other than absences excused by personal emergency), the remaining Board members may, by unanimous vote, declare the position to be vacant, and shall notify the Mayor of the necessity to appoint a replacement. D. A Trustee may, at his/her cost and prior arrangement, attend a meeting by teleconference, videoconference, or other reasonably convenient and available electronic means, if s/he cannot be available in person.
ARTICLE V. FINANCES Section 1. Library Budget
A. The Library Director and Treasurer shall prepare an annual budget for approval by the Trustees and for presentation to the Whitefish City Council for the following fiscal year. B. The Director shall follow this budget as spelled out in the respective line items, and shall keep the Board apprised of the status of incomes and expenditures on a monthly basis. C. Variance Requests to the annual budget shall be approved by the Board in advance whenever possible.
Section 2. Private Monies
A. The Board of Trustees has the responsibility to ensure that all private monies given for the benefit of the Library through bequests, memorial funds, contributions, etcetera, are managed and invested properly to ensure the best and most appropriate use of those gifts. B. The Board has designated: 1)the Whitefish Library Association as the repository and manager of any such funds received, as that entity exists solely for the furtherance of the Whitefish Community Library and has the mechanisms in place to manage the fund appropriately; and/or 2) the City of Whitefish as an additional repository and manager of such funds received, provided that the City holds such funds in an account designated specifically for the benefit of the Whitefish Community Library (i.e., “Whitefish Community Library Fund”).
ARTICLE VI. ANNUAL REPORT Section 1. Annual Report
A. The Library Director shall draft an annual report of Library conditions and operations as required by the State of Montana for the Board’s approval prior to the report’s date due to the State Library. Once the Board has approved the annual report, the Library Director shall subsequently issue the annual report to the Whitefish City Council, the State, and members of the community following the June meeting of the Library Board.
ARTICLE VII. LIBRARY POLICIES Section 1. Establishment of Library Policies A. The Library Board of Trustees shall be the policy-making body having control over expenditures of the public library fund, of construction or lease of the Library building, and of the operations and care of the Library. B. In consultation with and based on recommendations made by the Library Director, the Board shall establish policies for the acceptance of gifts, the acquisition of materials by local authors and artists, the restrictions of materials offered to the public, and other issues as may be necessary for the effective use and management of the Library.
ARTICLE VIII. LIBRARY DIRECTOR
Section 1. Appointment A. The Board shall appoint, set compensation for, and provide annual written evaluations of the Library Director, who shall serve at the pleasure of the Board. Amended and Approved January 12, 2022. B. In order to meet the Montana State Library’s Standards of Excellence, the annual Director’s evaluation shall include input from the entire Library Staff, as well as Library patrons and other members of the public. Section 2. Duties of the Library Director A. The Library Director’s duties shall include but are not limited to: • Serving as Secretary to the Board • Executing and administering Library policy • Being responsible for the direction and supervision of the Library staff and for the day-to-day operations of the Library itself • Reporting to the Board on the condition of the Library • Making recommendations to the Board of such policies and procedures as will promote the efficiency of the Library • Making recommendations to the Board as to the employment or discharge of persons necessary in the administration of the Library • Conducting annual evaluations of the Library Staff under his or her supervision. • Preparing the budget and presenting it to the Board for review and revisions • Providing monthly statistical reports to the Board of Directors which accurately paint the picture of the operations of the Library. • Ensuring that at all times the Board of Trustees and all committees appointed by them and under their direction adhere to Montana’s Open Meeting and Public Participation laws in the manner spelled out in adopted Board Policy.
ARTICLE IX. AMENDMENTS Section 1. Procedure
A. These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by a majority of all the Trustees at any regular meeting or at any special meeting if at least thirty (30) days written notice is given to each Trustee of the intention to alter, amend, or repeal, or to adopt new Bylaws at such meeting.
Amended and Approved January 12, 2022. In Witness Whereof, We the Undersigned Trustees, have enacted the foregoing Bylaws and do hereby authenticate the same by our respective signatures at a meeting of the Board of Trustees held on 12th day of January, 2022
Chair Sarah Ericson Vice-Chair Deb Bond Treasurer Trevor Gonser Trustee Richard Hildner Trustee Jessica Tubbs Attest: Joey Kositzky, Secretary