BY-LAWS OF THE SWITZERLAND COUNTY PUBLIC LIBRARY
Adopted at a meeting of the Board of Trustees held on September 7, 1915; as amended January 9, 1973; June 11, 1985; April 13, 1993; December 8, 2009; and March 8, 2011. Revised version adopted June 14, 2011. Revision adopted July 8, 2014. Reviewed and adopted with change to Article II-Section 2 to update correct citation of Indiana Code on June 13, 2017.
Section 1: The name of this Board is the “Board of Trustees of the Switzerland County Public Library”, hereinafter referred to as “the Board”. The Switzerland County Public Library will be hereinafter referred to as “the Library”.
Section 2: Geographical boundaries of the Library and taxed districts include Switzerland County in its entirety.
ARTICLE II-AUTHORITY AND PURPOSE
Section 1: The Board shall govern the Library, a municipal corporation and Class 1 library organized under the public library provisions, according to the purposes and authority set forth in IC 36-12, as amended, and such other Indiana and federal laws as affect the operation of the Library.
Section 2: Members of the Board (Trustees) shall serve without compensation, except that the Treasurer may be paid, per IC 36-12-2-22. A Board member may not serve as a paid employee of the public library.
Section 3: Necessary travel and/or meal expenses of any Board member incurred in the interest and business of the library may be reimbursed out of library funds, per policy or Board resolution. Such travel on behalf of the Library shall be approved by the Board.
Section 4: The Board may engage legal counsel as needed for legal advice. The President of the Board or the Library director may request the legal opinions of legal counsel for any matter which comes within the jurisdiction of the Board, and shall report the opinion to the Board.
Section 1: The Board shall select a librarian who holds a certificate under IC 36-12-11 to serve as the director of the Library. The selection shall be made solely upon the basis of the candidate’s training and proficiency in the science of library administration. The board shall fix the compensation of the director. The director, as the administrative head of the Library, is responsible to the Board for the operation and management of the library, per IC 36-12-2-24(a).
Section 2: The Director, assistants, and the janitor shall be employed by the Board, and they shall be subject to removal, with just cause, at any time by the Board at a regular meeting, as per guidelines outlined in the Personnel Policy adopted by the Board.
Section 3: Subject to the direction of the Board and the committees, the Director shall have supervisory charge, control, and management of the Library building and all of it appurtenances, as well as of the employees in and about the same.
Section 4: The Director shall be held strictly responsible for the care and preservation of the property in charge of the Board; the classifying, cataloging and shelving of the books; the enforcement of the rules and the accuracy of all records, as well as the reliability of the accounts.
Section 5: The Director shall attend the meetings of the Board and keep the Secretary’s minutes and accounts, except those at which her/his appointment, salary, or performance is to be discussed or decided. The Director shall assist the Secretary in the notification of the appointing bodies in case it becomes necessary to remove a member for non-attendance.
Section 6: The Director shall keep an itemized account of all the receipts and expenditures on behalf of the Library, and report the same to the Board monthly. The Director shall be bonded in the amount of $15,000.00 each year during his/her term of employment.
Section 7: The Director shall make a monthly report on the operations of the Library; including such recommendations as in his/her opinion will promote its efficiency.
Section 8: The Director shall prepare an annual report showing fully the operations of the Library.
Section 9: The Director shall approve all bills before they may be submitted for the approval of the Board.
ARTICLE IV-NEPOTISM AND CONFLICT OF INTEREST
Section 1: Related family members of the Board of Trustees or of the Director are not eligible for hire as employees of the Switzerland County Public Library. Family members are defined as a Board member’s parent, child, spouse, domestic partner, brother, sister, grandparents and any step relationships within the preceding categories.
Section 2: Each Board of Trustee member shall avoid conflict of interest and will not use his or her membership on the Board to profit his or her own interests. A conflict of interest exists when a matter to be acted on by the Board confers a direct, tangible benefit to any Board member, business or agency from which a Board member derives an income or has authority in governance. If any action of the Board might present a real or perceived conflict of interest, the Board member will explain the reasons and not vote or participate in discussion of the matter. This issue should ideally be communicated to the president or announced to the full board if the issue arises unexpectedly.
At the first meeting of the Switzerland County Public Library each year, each Board member will sign an acknowledgment of the Conflict of Interest Responsibility form.
Section 1: Amendments hereto shall be made only at a regular meeting of the Board, and must be proposed at least one month previous to final action on the same.
Section 1: Members of the Board shall be appointed pursuant to IC 36-12-2-9, and as follows:
|Class 1 library (town/city, township, multiple townships, county library||Appointing authority|
|Trustee 1 IC 36-12-2-9(1)||County executive|
|Trustee 2 IC 36-12-2-9(2)||County fiscal body|
|Trustee 3 IC 36-12-2-9(3)||School board|
|Trustee 4 IC 36-12-2-9(4)||School board|
|Trustee 5 IC 36-12-2-9(5)||School board|
|Trustee 6 IC 36-12-2-11(b1)||County executive|
|Trustee 7 IC 36-12-2-11(b2)||County fiscal body|
Section 1: Officers shall be President, Vice President, Secretary, and Treasurer, per IC 36-12-2-22 and IC 36-12-2-23. The officers shall be elected by ballot at the January meeting for a term of one year, per IC 36-12-2-23. In case of a vacancy, the Board shall, at the next regular meeting, elect a member to fill the unexpired term of office.
Section 2: The President shall preside at board meetings, appoint committees, certify all bills allowed by the Board, enforce the observance of these rules, and as necessary to carry out the wishes of the Board.
Section 3: The Vice President shall perform the duties of the President in the latter’s absence.
Section 4: The Secretary shall review the minutes and accounts as prepared by the Director, date and initial same. The Secretary shall keep a record of attendance at board meetings, and if any member is absent without reasonable excuse from four consecutive regular meetings, or during one year is absent from seven of the regular monthly meetings, it shall be the duty of the Secretary to inform the officers or body that appointed said member that he/she (the member) is not serving the best interests of the Library and should be replaced by someone who will take active part in the work; but this rule may be suspended by unanimous consent of all the members of the Board.
Section 5: The Treasurer, as listed in IC 36-12-2-22:
- is the official custodian of all library funds;
- is responsible for the proper safeguarding and accounting for all library funds;
- shall issue warrants approved by the Library Board in payment of expenses lawfully incurred in behalf of the Library, and
- shall make financial reports of Library funds and present the reports to the Library Board as requested by the Library Board.
The Treasurer shall be bonded in the amount of $15,000.00 for each year of his term of office. The treasurer may be either a board member or a staff member other than the director. The treasurer’s appointment is made annually by the library board if it is to be a staff member. The library board may fix the rate of compensation for the services of the treasurer.
Section 6: Any officer may be removed by the Board at a regular or special meeting by a majority vote of the entire membership of the Board.
Section 1: The Board shall meet monthly. The regular meeting of the Switzerland County Public Library Board shall be held on the second Tuesday of each month at 3:30 p.m.
Section 2: The regular meeting in January of each year shall be the Annual Meeting, per IC 36-12-2-23.
Section 3: Regular, special and executive session meetings will be publicized and conducted in accordance with the Open Door Law of Indiana (IC 5-14-1.5).
Section 4: Special meetings shall be called by the President whenever, in his or her judgment, they may be necessary, or upon written request of two members, for the transaction of business as stated in the call, per IC 36-12-2-23. Notice stating the time and place of any special meeting and the purpose for which called shall be given each member of the Board at least two days in advance of such meeting and posted 48 hours in advance, excluding holidays and weekend, per IC 5-14-1.5-5.
Section 5: Four members of the Board shall constitute a quorum.
Sec. 1: The standing committee of the Board shall be the Finance Committee, to consist of three members, one of whom is the Treasurer, and to be appointed at or before the second regular meeting of the year, or in the case of vacancies by resignation, etc., at or before the second regular meeting of the year, or in case of vacancies by resignation, etc., at or before the second regular meeting after such vacancy occurs. The President shall be ex-officio member of the Finance Committee.
Sec. 2: The Finance Committee shall see that the accounts are properly kept, verify the reports of the Director, and look after the financial affairs of the Board in general. It shall also prepare, in cooperation with the Director, annual budgets of expenditures, and recommend to the Board the rate of taxation that will be necessary to maintain the Library for the ensuing year. It shall designate the depository for Library funds pursuant to the laws of the State of Indiana.
Sec. 1: Unless otherwise ordered by the Board, no indebtedness shall be incurred without the previous approval of the Board.
Sec. 2: All bills for Library purposes shall be itemized.
Sec. 3: No bill shall be recommended to be paid by the Board until it has received the approval of the Director.
Sec. 4: Bills, when allowed, shall be paid by a warrant on the Treasurer. All bills paid shall be receipted and filed in the library as permanent records.
ARTICLE XI-ORDER OF BUSINESS
Sec. 1: The order of business of the regular meeting shall be as follows:
- Reading of the minutes
- Report of Director
- Bills and accounts
- Report of committees
- Unfinished business
- New business
Sec. 1:Upon the dissolution of the organization and after paying or making provisions for the payment of all the liabilities of the organization, the remaining assets of the organization will escheat either to another organization exempt under section 501(c)(3) of the code or to the federal, state, or local government exclusively for the purposes of the organization, in such manner, as to be used exclusively for the charitable, educational, religious, or scientific purposed under section 501(c)(3) of the Internal Revenue code.
Revisions approved December 8th, 2009
Article IV approved and added March 8, 2011. Revisions to comply with State Standards (Articles I, II, II, VI, VII, and VIII) approved June 14, 2011.
Article VIII, Section 5 revised and approved July 8, 2014.
Article II, Section 2 updated and approved June 13, 2017.
Article VII, Section 5 updated and approved February 11, 2020.