By-Laws for the Board of Trustees
Helen Matthes Library
Effingham, Illinois
Updated May 2004
IV. By-Laws for the Board of Trustees
The Library Board upholds and supports “The Freedom to Read, Freedom of Information, Open Meetings and the “American with Disabilities Act.”
This organization shall be called “The Board of Trustees of the Helen Matthes Library” existing by virtue of the provisions of 75 ILCS 5/4 et seq. of the Laws of the State of Illinois, and exercising the powers and authority and assuming the responsibilities delegated to it under the said statue.
ARTICLE II: Organization, Replacements, and Officers
Section 1: The Helen Matthes Library Board of Trustees shall consist of nine members. Upon organization, said library board trustees shall hold office: one-third for one year, one-third for two years, and one-third for three years, from the first of May following their appointment by the City Council. Annually, before the first of May, three board trustees shall be selected to either renew their term of membership or to replace the three members whose terms are expired. Replacements to the board shall be recommended by the remaining members of the board and appointed by the Mayor and the City Council. They shall hold membership for three years. Under current Illinois law, trustees are required to prepare official statements concerning any conflict of interest and file same with the County Clerk. A trustee may be removed by the Mayor.
Section 2:
The officers shall be a president, a vice
president, treasurer, and a secretary,
elected from among the appointed trustees.
Section 3: A nominating committee shall be appointed by the president in March to recommend members to take the place of the three members whose terms expire, and to present a slate of officers for the coming year beginning May 1. Nominations may be made from the floor. Should a vacancy occur on the board, a list of nominations is offered, discussion follows, a vote taken, a candidate is selected and contacted.
Section 4: Officers shall serve a term of one year from the annual meeting at which they are elected and until their successors are duly elected. An officer may be removed for cause with a vote of three-fourths of the board members.
Section 5: The president shall preside at all meetings of the board, authorize calls for any special meetings, appoint all committees, execute all documents authorized by the board, serve as an ex-officio voting member of all committees, and generally perform all duties associated with that office.
Section 6: The vice president, in the event of the absence or disability of the president, or of a vacancy in that office, shall assume and perform the duties and functions of the president.
Section 7: The secretary shall keep a true and accurate record of all meetings of the board, shall issue notice of all regular and special meetings, and shall perform such other duties as are generally associated with that office.
Section 8: The treasurer shall, along with one other board member, sign all library checks (including paychecks), and keep a current signature card with the library’s financial institution. Monthly financial reports will be reviewed and accepted by the board at the regular monthly board meeting. The treasurer, library director, and the board member(s) designated to sign checks will be bonded. The treasurer will review the library’s accounting firm on a yearly basis and make any recommendations for changes.
Section 1: The regular meetings shall be held each month, the date and hour to be set by the board on a yearly basis
Section 2: A quorum for the transaction of business at any meeting shall consist of five members of the board present in person.
Section 3: The order of business for regular meetings shall include, but not be limited to, the following items which shall be covered in the sequence shown so far as circumstances will permit:
a) Roll call of members
b) Public comment
c) Disposition of minutes of pervious regular meeting and any intervening special meeting
d) Report of the library director and approval of expenditures
e) Action of Bills
f) Action Items
g) Discussion Items
h) Adjournment
Section 4: Proceedings of all meetings shall be governed by Robert’s Rules of Order.
Section 5: Special meetings may be called by the secretary at the direction of the president, or at the request of three members, for transaction of business as stated in the call for the meeting. Notice of special meetings will be posted in the library at least 48 hours in advance of the meeting time.
Section 6: The annual meeting, which shall be for the purpose of the election of officers and the adoption of an annual report, shall be held at the time of the regular meeting in May of each year.
The board shall appoint a qualified library director who shall be the executive and administrative officer of the library on behalf of the board and under its review and direction. The director shall recommend to the board the appointment and specify the duties of other employees and shall be held responsible for the proper direction and supervision of the staff. The director shall direct the care and maintenance of the library property, for an adequate and proper selection of books in keeping with the stated policy of the board, for the efficiency of library service to the public, and for its financial operation within the limitation of the budgeted appropriation. In the case of part time or temporary employees, the director shall have interim authority to appoint without prior approval of the board provided that any such appointment shall be reported to the board at its next regular meeting. A vote of three-fourths of the Board is required for termination of the Library Director.
Section 1: The president shall appoint committees of one or more members for such specific purposes as the business of the board may require from time to time. The committee shall be considered to be discharged upon the completion of the purpose for which it was appointed and after the final report is made to the board.
Section 2: All committees shall make a progress report to the library board at each of its meetings.
Section 3: No committee will have anything other than advisory powers unless, by suitable action of the board, it is granted specific power to act.
Section 2: The by-laws may be amended by the majority vote of all members of the board.
Section 3: Any rule or resolution of the board, whether contained in these by-laws or otherwise, may be suspended temporarily in connection with business at hand. But such suspension, to be valid, may be taken only at a meeting at which six of the members of the board shall be present and two thirds of those present shall so approve.
Section 4: The president shall appoint a by-laws review committee. This general review of the by-laws should occur every three years. The date of the current revision and the next revision should be included in the current copy of the by-laws.
ARTICLE VIII: Investment of Public Funds
PURPOSE AND SCOPE: The purpose of this policy statement is to outline the responsibilities, general objectives, and specific guidelines for management of public funds by the Helen Matthes Library. Its scope is all public funds of the Library.
RESPONSIBILITIES: All investment policies and procedures of the Helen Matthes Library will be in accordance with Illinois Law. The authority of the Board of Library Trustees to control and invest public funds is defined in the Illinois Public Funds Investment Act and the investments permitted are described therein. Administration and execution of these policies are the responsibility of the Treasurer who is hereby designated as the “chief investment officer” of the Library acting under the authority of the Board of Library Trustees.
DELEGATION OF AUTHORITY: Management and administrative responsibility for the investment program is hereby delegated to the Chief Investment Officer. The Chief Investment Officer, and by designation, the Library Director, is responsible for establishing internal controls and written procedures for the operation of the investment program.
“PRUDENT PERSON” STANDARD: All Library investment activities shall use a “prudent person” standard of care. This standard shall be applied in the context of managing an overall portfolio and specifies that investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Investment officers, acting in accordance with this Policy and the written procedures of the Library, and exercising due diligence, shall be relieved of personal responsibility for a security’s credit risk or market price/value changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
OBJECTIVES: In selecting financial institutions and investment instruments to be used, the following general objectives should be considered in the priority listed:
· Legality (conforming with all legal requirements)
· Safety (preserving capital and including diversification appropriate to the nature and amount of the funds)
· Liquidity (maintaining sufficient liquidity to meet current obligations and those reasonable to be anticipated)
· Yield (attaining a market rate of return on investments)
· Simplicity of management
GUIDELINES: The following guidelines should be used to meet the general investment objectives:
1. Legality and Safety:
A. Investments will be made only in securities guaranteed by the U.S. government, or in FDIC insured institutions including SAIF of the FDIC. Deposit accounts in banks or savings and loan institutions will not exceed the amount insured by FDIC coverage [unless adequately collateralized pursuant to Regulations of the Federal Reserve regarding custody and safekeeping of collateral].
B. Authorized investments include and will primarily consist of: Certificates of Deposit, Treasury Bills and other securities guaranteed by the U.S. Government, participation in the State of Illinois Public Treasurer’s Investment Pool, and any other investments allowed under State law that satisfy the investment objectives of the library district.
2. Liquidity:
In general, investments should be managed to meet liquidity needs for the current month plus one month (based on forecasted needs) and any reasonably anticipated special needs.
3. Yield-Return on investment:
Within the constraints on Illinois law, considerations of safety, and this investment policy, every effort should be made to maximize return on investment bearing deposit accounts.
4. Simplicity of management:
The time required by library administrative staff to manage investments shall be kept to a minimum.
REPORTING: Investment, fund balances and the status of such accounts will be reported at each regularly scheduled meeting of the Library Board and at least quarterly included information regarding securities in the portfolio by class or type, book value, income earned and market value as of the report date. At least annually, the Chief Investment Officer shall review this Policy for any needed modifications and report to the Board on the investment portfolio, its effectiveness in meeting the Library’s need for safety, liquidity, rate of return, diversification and general performance. These reports will be available to the general public upon request.
INTERNAL CONTROLS: In addition to these guidelines, the Chief Investment Officer shall establish a system of internal controls and written operational procedures designed to prevent loss, theft or misuse of funds.
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS: Any investment advisors, money managers and financial institutions shall be considered and authorized only the action of the Board of Library Trustees upon the recommendation of the Chief Investment Officer. The Chief Investment Officer will maintain a list of financial dealers and institutions authorized to provide investment services.
CONFLICTS OF INTEREST: Officers and employees involved in the investment process shall refrain from personal business activities that might conflict with the proper execution and management of this investment program, or that could impair their ability to make impartial decisions, or that could give the appearance of impropriety.
V. PUBLIC INVOLVEMENT AT LIBRARY BOARD MEETINGS
The public is welcome to attend all library Board meetings conducted in regular session. The agenda for the current month’s Board meeting will be posted no later than 48 hours prior to the Board meeting on the library’s public information bulletin board. A list of regularly scheduled Board meetings for the year will be posted in the same location. Information about emergency Board meetings will be posted in the same location as soon as possible before the emergency meeting.
If a member of the public wishes to speak at a library Board meeting, they must inform the Library Director one week prior to the regularly scheduled meeting. The individual or group will then be placed on the Board’s agenda. The individual or group will be given an appropriate amount of time to address the Board.
VI. AUDIO AND VIDEO RECORDING DEVICES AT LIBRARY BOARD MEETINGS
The Board of Directors of the Helen Matthes Library permits the use of audio and/or video tape recorders, cassette recorders or other recording devices at public meetings of the Board of Directors or committees thereof. All parties wishing to use audio and/or video tape recorders or other recording devices at a public meeting shall inform the Board President or Library Director of their intentions half (1/2) an hour before the scheduled time of the meeting. The Secretary of the Board of Directors shall keep a written record of individuals using recording devices at public meetings and shall publicly announce the names of the individuals. Equipment must be set up prior to the start of the meeting. Recording devices shall be located where they will not obstruct the business of the meeting. The use of recording devices by individuals will not delay the progress of the meeting. The Board shall, at its own expense, have the right to obtain copies of any recordings made by an individual at a public meeting. Recordings made by the Board Secretary are for his/her use while preparing the minutes and are not a matter of public record. Executive sessions of the Board will be recorded by the Library Director and kept in the library in accordance with the Illinois Open Meetings Act.
VII. PROHIBITED GIFTS POLICY
GENERAL POLICY: It is the policy of the Helen Matthes Library to comply with the State’s Gift Ban Act through the promulgation of this policy. Neither the Open Meetings Act nor the Freedom of Information Act of Illinois, or any policies of the Library in furtherance of those Acts shall be applicable to proceedings, meetings or documents involved here; which are exempt there from.
EXEMPTION: Due to the high costs of compliance for uncompensated and non-salaried, appointed and/or elected members of the Board of Library Trustees, and given that the experience of gifts of any kind or value to them is virtually non-existent and certainly has not been a source of improper action, influence or effect in this Library or any Public Library in Illinois, it is the Policy to exempt all non-salaried appointed or elected officials of the Library from this Policy and the State Act, as permitted by that Act.
DEFINITIONS: The terms “gift,” “prohibited source,” and “employee” whether used in the singular or plural form and as used in the Policy, have the meaning as defined in the State’s Gift Ban Act.
PROHIBITED GIFTS: The solicitation and acceptance of any “gifts,” from any “prohibited source,” are banned and prohibited for all Library employees except as provided in the following sections of this Policy.
EXCEPTIONAL GIFTS: The restrictions in the foregoing section do not apply to the following:
1. Anything for which the employee pays market value or anything not used and promptly returned to the donor or given to an appropriate charity;
2. A contribution, lawfully made under the Election Code or attendance at a fundraising event sponsored by a political organization;
3. A gift from a relative as defined in the State Act;
4. Anything provided by an individual on the basis of a personal friendship, unless there is reason to believe that under the circumstances the gift was provided because of the employee’s position and not because of personal friendship;
5. A commercially reasonable loan evidenced in writing with repayment due by a certain date made in the ordinary course of the lender’s business;
6. Payments to a legal defense fund established for the employee that is otherwise lawfully made;
7. Intra-office and inter-office gifts, meaning any gifts from an employee of the Library to another employee of the Library;
8. Food, refreshments, lodging, transportation and other benefits resulting from outside business or employment activities if they have not been enhanced by the position of employment with the Library and are customarily provided to others in similar circumstances or in connection with bona fide employment discussions by a prospective employer, or provided in connection with a fundraising or campaign event sponsored by the organization;
9. Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer;
10. Informational materials sent to the employee in the form of books, articles, periodicals, other written materials, audio tapes, video tapes, or other forms of communications;
11. Awards or prizes that are given to competitors in contests or events open to the public, including random drawings;
12. Honorary degrees (and associated travel, food, refreshments and entertainment provided in the presentation of degrees and awards);
13. Training (including food and refreshments furnished to all attendees as an integral part of the training) if the training is in the interest of the Library;
14. Educational missions, including meetings with government officials intended to educate them on matters of public policy;
15. Bequests, inheritances and other transfers at death;
16. Anything that is paid for by the federal government, the State or the Library or secured by the government under a government contract;
17. A gift of personal hospitality of an individual other than a registered lobbyist or foreign principal including hospitality extended for a non-business purpose by an individual or the individual’s family;
18. Free attendance at a widely attended event permitted under Subsection 24 below;
19. Opportunities and benefits that are available to the public or to all employees whether or not geographically restricted, offered to a class of members which is unrelated to employment or official positions, offered to members such as an employees’ association or credit union, offered to a group that is not defined in a manner that specifically discriminates on the basis of branch of government or type of responsibility or on the basis that favors those of higher rank or pay, the form of loans on terms generally available to the public or in the form of reduced membership or other fees for participation in organization activities offered to all government employees;
20. A plaque, trophy or other item that is substantially commemorative in nature and that is extended for presentation;
21. Golf or tennis, food or refreshments of nominal value and catered food or refreshments, meals or beverages consumed on the premises from which they were purchased;
22. Donations of products from an Illinois company that are intended primarily for promotional purposes and are of minimal value;
23. An item of nominal value such as a greeting card, baseball cap or T-shirt;
24. Attendance at events: an employee may accept an offer of free attendance at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar even provided by the sponsor of the event if the employee participates as a speaker or panel participant or y performing a ceremonial function appropriate to their employment or position or attendance at the event is appropriate to the performance of civic affairs in Illinois or the official duties of the employee. The acceptance of a sponsor’s unsolicited offer of free attendance at such an event may include an accompanying individual. An employee may accept a sponsor’s unsolicited offer of free attendance at a charity event except reimbursement for transportation and lodging may not be accepted in connection with the event. This “free attendance” may include waives of all fees and unless otherwise stated the provision of transportation, food, refreshments, entertainment and instruction materials but does not include entertainment collateral to the event or food or refreshments taken other than in the group setting with substantially all of the attendees except as permitted under Subsection 21 above.
ENFORCEMENT: Any employee who violates this policy shall be subject to termination or other discipline, including but not limited to suspension (with or without compensation) of employment for a stated term, a requirement to reimburse, return or turnover of any prohibited gift as directed by the Board of Library Trustees.
ETHICS OFFICER: The President of the Board of Library Trustees shall designate an Ethics Officer for the Library who shall review Statements of Economic Interests and disclosure forms for members, officers and employees of the library before they are filed and provide guidance to members, officers and employees in the interpretation and implementation of the State Gift Ban Act.
Last updated: 08/30/2007