BY-LAWS OF THE BOARD OF DIRECTORS OF THE CROOK COUNTY PUBLIC LIBRARY SYSTEM
(Revision dated March 2013)
FORMATION AND LOCATION
Section 1. Formation.
The entity known as the CROOK COUNTY PUBLIC LIBRARY SYSTEM was established in 1938, hereinafter referred to as the Library System.
Section 2. Location.
The Library System consists of the County Library in Sundance and two branch libraries, located in Moorcroft and Hulett.
NAME AND PURPOSE OF THE LIBRARY
Section 1. Name.
The governing body of the Crook County Public Library System shall be called “The Board of Directors of the Crook County Public Library System” as authorized by Wyoming Statute 18–7-101 through 18-7-106, hereinafter referred to as the “Board.”
Section 2. Purpose of the Library System.
The purpose of the Library System is to provide materials and services representing the entire spectrum of knowledge to meet the informational, educational, cultural and recreational needs of the county's residents.
Section 1. Mission.
The Crook County Public Library System enables the residents of Crook County to cherish their history and expand their personal horizons, through free and easily accessible information and services.
Section 1. Statutes.
The Board, County Librarian and employees are subject to Wyoming State Statutes, including but not limited to “Libraries” (W. S. 18-7-101 through 205), the "Uniform Municipal Fiscal Procedures Act" (W. S. 16-4-102 through 124), the “Public Records Act” (W. S. 16-4-201 through 205) and the "Public Meetings Act" (W. S. 16-4-401 through 408) and the “Wyoming Administrative Procedures Act” (W.S. 16-3-101 through 116.)
Section 2. Board.
The Library System shall be governed by a Board of Directors.
a. The county library board of directors shall be appointed by the County Commissioners and shall be composed of five (5) competent and responsible residents who are representative of the entire county and who shall serve without compensation, except for necessary travel expenses as authorized by the Board pursuant to W. S. 9-3-103.
b. The county commissioners shall before July 1 of each year appoint a director or directors to replace the retiring director or directors for a term of three (3) years and until a successor is appointed.
c. A director may be appointed for two (2) consecutive terms and shall not be eligible for reappointment until two (2) years after the expiration of his second term.
d. The portion of the unexpired term that a director fills shall not be considered as one of the terms for purposes of this term limit.
Section 3. Officers of the Board of Directors.
The officers of the Board shall be Chairman, Vice-Chairman, Secretary, Treasurer and Crook County Library Foundation, Inc. Liaison.
Section 4. Election of the Treasurer.
The Treasurer shall be elected from among the directors at the end of June of each year.
Section 5. Election of other offices.
The officers shall be elected from among the directors at the first meeting held in July of each year.
Section 6. Terms of offices.
All officers shall serve a term of one year from the first meeting held in July until their successors are duly elected.
Section 7. Absence of Chairman and Vice-Chairman.
In the absence or inability of the Chairman and the Vice-Chairman, the remaining members shall select a temporary Chairman for the meeting.
Section 8. Duties of Officers
a. Chairman shall supervise and control the business and affairs of the Board, and including but not limited to perform all duties associated with that office.
(1) Shall preside at all meetings.
(2) Shall set, plan and prepare the agenda with the assistance of County Librarian as directed by the Chairman.
(3) Shall authorize calls for special meetings.
(4) Shall maintain communication with County Librarian in regards to all library operations.
(5) Shall appoint all committees, with approval of the Board.
(6) Shall serve as spokesperson of the board.
(7) Shall support County Librarian in County Commissioner meetings, if necessary.
(8) Shall help plan the budget with the Board Treasurer and the County Librarian, if necessary.
The Vice-Chairman, in the event of the absence or disability of the chairman, or of a vacancy in that office, shall assume and perform the duties and functions of that office for the remainder of the term of office.
(1) The Treasure shall oversee the financial records of the Library System. He shall be bonded in accordance with WS 18-7-103(b). In the absence or inability of the Treasurer, the Board shall designate another director to perform his duties.
(2) The Treasurer shall oversee all monies received and disbursed, payment of bills presented by the County Librarian and shall meet with the County Librarian to go over all financial reports and bills to be approved for monthly payment by the Board.
(3) The Treasurer shall prepare the budget with the assistance of the County Librarian and the Chairman.
(4) The Treasurer shall be one of the signatories for the checking account and any other financial depositories authorized by the Board. In the absence or inability of the Treasurer to sign checks, two other directors may perform that duty. All checks shall have two director’s signatures to be valid.
(5) Before entering upon his duties the Treasurer shall execute and deposit with the County Commissioners a good and sufficient bond for the faithful performance of his duties in an amount required by the County Commissioners. The bond shall be payable to the people of the state of Wyoming and be approved by the County Commissioners.
The Secretary to the Board shall keep a true and accurate written account of all Board meetings. The Secretary shall provide the minutes to the Chairman and County Librarian within 10 days after the meeting is held.
e. Library Board Liaison to the Foundation.
A director shall serve as a liaison to the Library Foundation. This director shall update the Board on the work of the Library Foundation.
Section 6. Removing Director
a. The Board shall notify the County Commissioners to remove any director for misconduct or neglect of duty, if they cease to be a resident of Crook County, or miss more than three (3) regularly scheduled meetings during a twelve (12) month period, without excuse acceptable to the Board.
b. The County Commissioners shall hold a hearing to determine whether the director shall be removed.
c. The County Commissioners shall appoint a new director for the unexpired term of the removed director.
Section 7. Vacancies of Directors.
Vacancies on the Board shall be filled by the County Commissioners for the balance of the unexpired term created by the vacancy.
Section 8. Duties
The Board shall keep a record of all its proceedings, file in the library all vouchers for expenditures, and after the close of the fiscal year submit an annual financial, statistical and operational report to the County Commissioners and to the Wyoming State Library. Whenever practical the annual report shall contain information and data requested or required by the County Commissioners and the Wyoming State Library.
Section 9. Authority
The Board may receive and be responsible for real estate, money or other property to aid the establishment, maintenance or operation of the Library System. If received as a donation, they shall carefully observe as the trustee the conditions accompanying every such gift. When the determines it is in the best interests of the Library System and in keeping with the purpose of the donor, it may with the approval of the Board of County Commissioners sell, exchange or otherwise dispose of such real estate or other property. The Board shall appoint a competent County Librarian who with the approval of the Board shall appoint a library staff. The duties and compensation of the staff shall be determined by the Board.
Section 1. Budget and Adoption of Budget.
The Library System is supported primarily by property taxes assessed on county property (W. S. 18-7- 102). The Board shall each year submit to the County Commissioners a proposed operating budget for the forthcoming fiscal year. Before becoming effective, the budget must be adopted by the County Commissioners as a part of its regular budget adoption process.
The Board’s budget approved by the County Commissioners shall only be expended as authorized by the approved budget unless a departure is first obtained and authorized by the County Commissioners. (W. S. 18-7-103 and W. S. 16-4-111(c).
Section 2. Fiscal Year.
The fiscal year of the Board shall begin on the 1st day of July of each year and shall end on the 30th day of June of the following year. The fiscal year shall be referred to as the year in which the budgetary time ends.
Section 3. Audit.
The budget of the Board shall be a part of the Crook County audit each year.
Section 4. Required Signatures for Expenditures and Checks.
All directors shall be required to be signatories on all bank account as determined by the Board. All financial transactions require signatures by two directors prior to expenditure.
DUTIES AND LEGAL RESPONSIBILITIES
Section 1. County Librarian and Staff.
The Board's responsibilities include selection and appointment of the County Librarian. The County Librarian, with the approval of the Board of Directors, shall appoint a library staff pursuant to W. S. 18-7-104.
Section 2. Policies, Rules and Regulations.
The Board shall prescribe rules and regulations for the establishment, organization, operation and use of the Library System pursuant to W. S. 18-7-105 that shall be adopted pursuant to W. S. 16-3-101 through 106. The Board shall enforce such rules and regulations in any court of competent jurisdiction. To assure the availability of the library collection to all county residents, the Board shall develop, approve and regularly review policies, rules and regulations that will be uniformly applied throughout the county. Current policies, rules and regulations are on file at each Library within the Library System and are available to the public at any time.
Section 3. Promotion.
The Board shall promote library interests.
Section 4. Funding.
The Board shall secure funds adequate for progressive and expanding programs.
Section 5. Control.
The Board is charged with the responsibility to protect the assets of the Library System. The Board shall control library funds, property, and equipment.
Section 6. Foundation.
The Board shall set-up a Library Foundation whose purpose is obtaining and managing funds for the benefit of the Library System. The Board shall establish a Library Foundation Board in the beginning. After it is established the Library Foundation Board shall have its own by-laws and articles of incorporation and shall remain a 501 (c)(3) corporation. The Foundation shall be governed by W. S. 18-7-201 through 205.
Section 1. Regular Meetings.
Regular meetings of the Board shall be determined on an annual basis by the Board at the July meeting.
Section 2. Meeting Locations.
Meeting locations shall rotate among the library facilities as determined on an annual basis by the Board at the July meeting.
Section 3. Open Meeting Laws.
The Board shall abide by all requirements of Wyoming law regarding open meetings. All meetings of the Board shall be open to the public except as permitted by the "Public Meetings Act" (W. S. 16-4-401 through 408).
Section 4. County Librarian Attendance at Board Meetings.
The County Librarian shall be present at all Board meetings, unless excused by the Board and except when his salary, employment or performance is being discussed in executive session.
Section 5. Agenda.
The agenda for each regular meeting shall be prepared by the Chairman of the Board, with the assistance of the County Librarian and shall be provided to each director, along with other pertinent materials, at least two (2) business days prior to each regular meeting. The agenda shall be available to the public by requesting a copy from the County Librarian.
Section 6. Special Meetings.
Special meetings may be called by the Chairman, or at the request of two directors, for the transaction of business as stated in the call for the meeting. Notice of the time, place and specific business of the special meeting shall be provided to all directors at least eight (8) hours in advance of the special meeting. The Secretary shall give notice of special meetings with the assistance of the County Librarian to all directors.
Section 7. Executive Session.
An executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the directors of the Board in attendance when the motion is made. A motion to hold an executive session shall specify the reasons set forth in W.S. 16-4-405 (a)(i) through (xi) and any amendment thereto. This shall be sufficient notice of the issue to be considered in an executive session.
a. Minutes shall be maintained of any executive session. Except for those parts of minutes of an executive session reflecting a directors’ objection to the executive session as being in violation of the Open Meeting Act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.
b. To insure the confidentiality of the executive sessions minutes, executive session minutes shall not be open to the directors except within an executive session called by the Board for the purpose to examine, approve or review the executive session minutes.
c. Any vote to examine, approve or review the executive session minutes must be made in an open meeting.
Section 8. Quorum.
A quorum for the transaction of business shall consist of three (3) directors of the Board present at the beginning of the meeting.
Section 9. Teleconferencing.
Directors may participate in Board meetings via a conference call in lieu of attending Board meetings. Arrangements must be made before meetings. Directors that teleconference will be considered present for roll call. Teleconferencing must be done from a landline handset or duplex speakerphone, skype, etc. Cell phone reception will only be acceptable if the person can be heard and understood.
Section 10. Conflicts of Interest.
A director who has any professional, personal, or ethical reason to be in conflict with any motion, and or discussion regarding a library issue shall state that they have a conflict and shall not be involved in the discussion and voting. See W.S. 6-5-106 (Conflict of Interest) and W.S. 9-13-101through109 (Government Ethics).
a. The Board shall not employ a family or household member of any director.
b. The County Librarian shall not employ a family or household member, nor employ a family or household member of any director.
c. A director must resign when they apply for employment or for a contract with the Board or Library System.
Section 11. Order of Business.
Call Meeting to Order
Pledge of Allegiance
Approval of Agenda
Minutes of Last Meeting
Librarian / Friends of the Library Report
County Librarian Report
Board Directors Report/Comments
Old and Unfinished Business
Section 12. Notice of Meetings and Agenda.
Any person that requests to receive notice of the Board’s meetings or Agenda shall make a written request to the County Librarian each year. All requests for notice shall expire at the end of each fiscal year of the Board. The Board will either post the notice on the Library System’s website at www.crookcountylibrary.org and or send notice by e-mail.
Section 1. Appointment of Committees.
The Chairman shall appoint special committees of one or more directors for such specific purposes when approved by the Board. The Chairman shall select the chairman of the committee. The Chairman may discharge any committee or the Board may discharge any committee upon completion of the task assigned to the committee.
Section 2. Progress Reports.
All committees shall make a progress report at each regular Board meeting.
Section 3. Committee Powers.
No committee shall have other than advisory powers unless, by suitable action of the Board, it is granted specific power to act.
Section 1. County Librarian.
The Board shall hire a qualified County Librarian who shall administer policies rules and regulations adopted by the Board, employ, direct and supervise staff members, prepare required reports, recommend policies, rules and regulations and promote effective library service. The County Librarian shall:
a. Assist the Chairman.
b. Assist the Board.
c. Assist the Treasurer and Chairman in the preparation of the annual budget, and the expenditures of such budget.
d. Is responsible for the assignment of staff duties and activities, for service standards and staff development.
e. With the consent and prior approval of the Board hire, give raises and discharge staff.
f. With the approval of the Chairman, provide the minutes of the last Board meeting to the remaining directors for their review 15 days after the Board meeting.
g. Provide notices of regular and special meetings, shall have custody of the minutes and other records of the Board, prepare correspondence as directed by the Board, and shall generally perform such duties as directed by the Board and officers as set forth in these by-laws.
Section 1. Action Items.
An affirmative vote of the majority of all directors of the Board present at the time shall be necessary to approve any action before the Board. The Chairman may vote upon and may move or second any motion before the Board.
Section 2. Amendment to Bylaws.
The bylaws may be amended by the majority vote of all directors of the Board pursuant to the Wyoming Administrative Procedures Act.