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1996-42345-Ordinance No. 96-081 Recorded 11/15/1996n REVIEWED 9F-42215 LE COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Section 2.33.020, Library Board, of * "' the Deschutes County Code, and Declaring an Emergency. ORDINANCE NO. 96-081 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTy`,OREGON, ORDAINS as follows: Section 1. Amendment. Section 2.33.020, Library Board, is hereby amended to read as set forth in Exhibit A, attached hereto and incorporated herein, with new language in Redline type and language to be deleted in Strikeout type. Section 2. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 4. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. PAGE 1 - ORDINANCE NO. 96-081 (11-13-96) 0j:;':/,1,ED Iquv x,1996 KMVI CHED N 1996 Section 5. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this 13th day of November, 1996. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF OESCHUTES COUNTY, OREGON , Cha BARR �LJAUGHTER, Co issioner ROA,RT L. NIPPER, Cemfaissioner PAGE 2 - ORDINANCE NO. 96-081 (11-13-96) EXHIBIT A - Ordinance 96-081 2.33.020. Library board. A. There is established a library board of seven members. One member shall be appointed from each of the five library county service districts. The five library county service districts are the Bend Library County Service District, the Redmond Library County Service District, the Sisters Library County Service District, the Sunriver Library County Service District, and the La Pine Library County Service District. Two members shall be selected and appointed at large by the Board of County Commissioners. The two at large members shall not be library district advisory board members. B. All appointments from the library county service districts to the library board shall be confirmed by the Board of County Commissioners. One member of the library board shall initially hold office for one year, two for two years, two for three years, and two for four years, from July 1 in the year of their appointment. The chair and vice - chair shall be elected by the library board for a term of one year and appointments shall rotate by geographic representation. C. At the expiration of the term of any member of the library board, the Board of County Commissioners shall confirm or appoint, as appropriate, a new member or may reconfirm or reappoint a novo-member. If a vacancy occurs prior to the expiration of a member term, the Board of County Commissioners shall §~appoint a new member for the unexpired term. No person shall hold appointment as a member for more than two full consecutive terms, but any person may be appointed again to the board after an interval of one year. Library board members shall serve at the pleasure of the Board of County Commissioners. D. The library director shall serve as secretary to the library board and maintain records of its meetings and actions. (Ord. 96-081 § 1, 1996; Ord. 96-079 § 1, 1996) 1 0�. 6=COr, 5 CHAPTER 2.33. PUBLIC LIBRARY SYSTEM 233.010. Public library established. 233.020. Library board. 233.030. District advisory boards. 2.33.040. General powers of the library board. 233.050. Advisory powers of district advisory boards. 233.060. Public meetings and records. 233.070. Library director. 2.33.080. Compensation and conflict of interest. 233.090. Expense reimbursement. 2.33.100. Meetings and attendance. 233.110. Committees. 2.33.120. Review. 233.010. Public library established. Pursuant to ORS 357.400 to 357.621, the "Deschutes County Library" is established as a public library system. (Order dated January 7, 1920) (Ord. 96-079 § 1, 1996) 233.020. Library board. A. There is established a library board of seven members. One member shall be appointed from each of the five library county service districts. The five library county service districts are the Bend Library County Service District, the Redmond Library County Service District, the Sisters Library County Service District, the Sunriver Library County Service District, and the La Pine Library County Service District. Two members shall be selected and appointed at large by the Board of County Commissioners. The two at large members shall not be library district advisory board members. B. All appointments from the library county service districts to the library board shall be confirmed by the Board of County Commissioners. One member of the library board shall initially hold office for one year, two for two years, two for three years, and two for four years, from July 1 in the year Chapter 2.33 0156=0355 of their appointment. The chair and vice - chair shall be elected by the library board for a term of one year and appointments shall rotate by geographic representation. C. At the expiration of the term of any member of the library board, the Board of County Commissioners shall confirm or appoint, as appropriate, a new member or may reconfirm or reappoint a member. If a vacancy occurs prior to the expiration of a member term, the Board of County Commissioners shall confirm or appoint a new member for the unexpired term. No person shall hold appointment as a member for more than two full consecutive terms, but any person may be appointed again to the board after an interval of one year. Library board members shall serve at the pleasure of the Board of County Commissioners. D. The library director shall serve as secretary to the library board and maintain records of its meetings and actions. (Ord. 96-081 § 1, 1996; Ord. 96-079 § 1, 1996) 233.030. District advisory boards. Each library county service district shall have an advisory board of not less than five and not more than seven members to be known as the Library District Advisory Board. Members of each district advisory board shall be appointed by the library board. The term of each district advisory board member shall be determined by the library board. (Ord. 96-079 § 1, 1996) 233.040. General powers of the library board. The library board shall: A. Approve the position description for the library director developed and presented in accordance with standard county personnel procedures. B. Hire, evaluate, and discipline and discharge for cause, the library director in accordance with established county rules and procedures; and set the director's compensation at a step and range consistent with the county personnel system. The library 1 (11/1996) board shall evaluate and supervise the library director as follows: 1. Develop goals with the library director and conduct performance evaluations at least annually. 2. Meet with the library director to develop and review work plans for accomplishing necessary tasks. 3. Provide direction to the library director in the development of proposed annual operating and capital budgets. C. Approve operational rules, general policies, and plans for the county library system. D. Develop and recommend to the budget committee annual budgets, tax measures and fee proposals, and recommend contracts to the Board of County Commissioners. E. Accept, use or expend any real or personal property or funds donated to the library, except that each donation shall be administered in accordance with its terms, and all property or funds shall be held in the name of the Board of County Commissioners. F. At least twice a year, review system operations and fiscal condition with the Board of County Commissioners, to include a report on goals and objectives and fiscal expenditures and allocations. (Ord. 96-079 § 1, 1996) 2.33.050. Advisory powers of district advisory boards. A. The district advisory boards shall communicate to the Board of County Commissioners through the library board. B. District advisory boards shall make recommendations to the library board regarding district library collections, operations, facilities, gifts and donations, staffing and budget. The district advisory boards shall propose operational plans and budgets annually for consideration by the library board. (Ord. 96-079 § 1, 1996) 233.060. Public meetings and records. A. Meetings and records of the Chapter 2.33 0156-1- P1341i"G library board and district advisory boards shall conform with the requirements of ORS Chapter 192. A written agenda for each library board and district advisory board meeting shall be delivered to the members of the library board, district boards, and the Board of County Commissioners at least two days prior to the meeting along with the draft minutes of the previous meeting. A quorum for the transaction of business shall consist of four for the library board and a simple majority of the total number of board seats for a district advisory board. B. The library board and district advisory board shall meet not less than monthly at times and places designated by the respective board chairs upon not less than seven days prior written notice to all members. A majority of a board's members may call a special meeting upon notification of the respective district advisory board, the library board, the Board of County Commissioners, and upon compliance with public meeting notice requirements. (Ord. 96-079 § 1, 1996) 233.070. Library director. A. The library director shall be an employee of the county under the direction of the library board as provided in this chapter. The library director shall be the administrator of the library system and shall be responsible for administration, budget and personnel functions. The library director shall be responsible for carrying out the functions of the library system in conformance with the goals, rules, and policies of the library board and county. B. Unless excused, the library director shall attend library board meetings. The library director shall, when appearing before the library board, answer questions and provide information necessary for the conduct of library system affairs. The library director shall prepare and present a proposed budget to the library board in accordance with county guidelines and budget timetables. The library director shall have the authority to hire, promote, demote, discipline and terminate all 2 (11/1996) library personnel in accordance with county personnel policies, procedures and applicable collective bargaining agreements. C. The library director shall implement procedures for the expenditures of budgeted items for the library system. Such procedures shall be in conformance with established finance guidelines. D. In the event the library board disciplines or discharges the director, the director shall be entitled to appeal the discipline or discharge action to the Board of County Commissioners. The Board of County Commissioners shall uphold the action unless it finds that the action is not supported by substantial evidence in the record as a whole or is otherwise unlawful. E. The library director shall prepare the annual reports required by ORS 357.520. (Ord. 96-079 § 1, 1996) 2.33.080. Compensation and conflict of interest. No member of the library board or any district advisory board shall have any financial interest, either directly or indirectly, in any contract to which the county or a county service district is a party, nor shall any member receive a salary or payment for materials or services rendered to the library. (Ord. 96-079 § 1, 1996) 2.33.090. Expense reimbursement. Members of the library board and the district advisory boards shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties, consistent with county policies. (Ord. 96-079 § 1, 1996) 233.100. Meetings and attendance. Regular attendance at library board and district advisory board meetings is required. Members absent from three consecutive meetings during a one-year period may be replaced by the Board of County Commissioners or the library board without notice. (Ord. 96-079 § 1, 1996) Chapter 2.33 o u j 2.33.110. Committees. Special committees may be appointed by the library board or any district advisory board from time to time to study areas of special interest. Such committees shall serve until the completion of the work for which they were appointed or until disbanded by a majority of the appointing body. (Ord. 96-079 § 1, 1996) 2.33.120. Review. This ordinance shall be reviewed annually by the library board and the Board of County Commissioners to evaluate the efficiency of the organizational structure. It will be the responsibility of the library board to work in cooperation with the Board of County Commissioners to evaluate all aspects of this ordinance and then to submit recommended changes or modifications which will improve the efficiency and delivery of service to library patrons. (Ord. 96-079 § 1, 1996) 3 (11/1996)