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38-914-Order No. 81-030 Recorded 7/15/1981gt4 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, ® IL OREGON An Ordinance Determining the E Deschutes County Library ) Board's Responsibilities. ) ~1(f; 7 c ~~$1 ORDINANCE NO. 81-030 ROSEMARY DESCIjUTES PAMEPSON COUNTY CLERK WHEREAS, ORS 357.490 authorizes the Board of County Commissioners to determine the County Library Board's responsibilities; and WHEREAS, Bylaws of the Deschutes County Library Board of Trustees have been reviewed and considered by the Board of County Commissioners; and WHEREAS, the said Bylaws determine the Library Board's responsibilities; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That the Bylaws of the Deschutes County Library Board of Trustees, marked Exhibit "A," attached hereto and by this reference incorporated herein, are adopted as the determination of the Library Board's responsibility in accordance with ORS 357.490 for the operation of the Deschutes County Library. Section 2. This Ordinance being necessary for the immediate preservation o public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this L' day of J , 1981. T BOARD OF COUNTY COMMISSIONERS ATTEST: cam... ~~`11-~ ~ 21~✓'_. SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-030, PAGE 1 r E X H I B I T A von 38PACE K5 DESCHUTES COUNTY LIBRARY 507 N.W. Wall Street Bend, Oregon 97701 BY-LAWS OF T HE DESCHUTES COUNTY LIBRARY BOARD OF TRUSTEES Article I. Name of the Library The name of the library shall be the Deschutes County Library Article II. Name of Board The name of the Board shall be Deschutes County Library Board of Trustees, hereinafter called, "The Board". Article III. Purpose of Board The purpose of the Board shall be to govern the library as described in Article VIII. Article IV. Membership Section 1. The membership of the shall consist of seven (7) members of Deschutes County. They shall be appointed by the Deschutes County Board of Commissioners for a period of four years, except that each membership may be terminated by a majority vote of the Board of Commissioners. Membership shall also include one member of the Deschutes County Board of Com- missioners who will have non-voting, ex-officio status. Section 2. Appointments shall be made on a staggered basis for a period of four years each beginning on July 1 in the year of the appointment, incumbents to serve until regularly replaced. Section 3. At the expiration of the term of any member of the Board, the appointing body shall appoint a new member or may reappoint a member for a term of four years. If a vacancy occurs, the appointing body shall ap- point a new member for the unexpired term. Section 4. No person, hereafter appointed, shall hold appoint- ment 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. Section 5. No member of the Board shall have any financial in- terest, either directly or indirectly, in any con- tract to which the library is a party, nor shall receive a salary or any payment for material or for services rendered by the Board. Section 6. Board members shall be reimbursed for expenses in- curred in the performance of their duties, consis- tent with County policy. Page 1 of 5 VOL 38PACE 916 Section 7. Regular attendance at Board meetings is important. Members who are absent 3 meetings during a one-year period should resign, enabling the Board of County Commissioners to appoint a replacement. Article V. Officers Section 1. The officers of the Board shall be a chairman and a vice chairman. Section 2. The officers shall be elected at the July meeting of the Board, which shall be the annual meeting, and shall take office immediately. Section 3. The chairman shall preside at all meetings, shall perform those functions usually associated with the office and shall be able to make, second, and vote on all motions. The chairman shall prepare an annual performance evaluation of the Library Director consistent with the Deschutes County Personnel Rules to be placed in the Library Director's personnel file. Section 4. The vice chairman shall preside in the absence of the chairman. Section 5. The County Treasurer shall have custody of all money the title of which is invested by gift to the li- brary unless otherwise provided by the terms of the gift. Section 6. The Library Director shall serve as secretary to the Board and keep record of its actions. Article VI. Meetings Section 1. Section 2. Section 3. Article VII. Section 1. Article VIII. The regular monthly business meeting of the Board shall be the first Tuesday of each month, at the Deschutes County Library at 1:00 P.M., or at such other times or places as the Board may determine. Special meetings of the Board may be called by the chairman at any time, provided that reasonable notice be given the members. A quorum for the transaction of business shall con- sist of four voting members of the Board. Committees Special committees may be appointed by the chairman 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 disband- ed by a majority vote of the Board. Duties of the Board. Page 2 of 5 VOL 38PAGE 917 Section 1. As provided in ORS 357.490 and ORS 357.520, the Board of Deschutes County Commissioners vests in the Board the following responsibilities: a. Recommending the appointment or dismissal of the Library Director and staff to the Board of Com- missioners, fixing their compensation, determining their working conditions and prescribing their duties consistent with Deschutes County Personnel Rules. b. Formulating rules and policies for the governance of the library. c. Preparing and submitting an annual budget request. d. Approving all expenditures from the library fund or the library building fund. e. Acceptance, use or expenditure of any real or personal property or funds donated to the library, or purchase, control or disposal or real and per- sonal property necessary for the purpose of the library, except that each donation shall be ad- ministered in accordance with its terms and all property or funds shall be held by Deschutes County. f. Recommend to the Deschutes County Board of Commissioners selection of sites for public library buildings or for location of library facilities. g. Recommend to the Deschutes County Board of Com- missioners on matters of entering into contracts. h. Adopting rules and regulations for the purpose of rendering the use of the library to the greatest benefit of the people of Deschutes County. The Board or its authorized representative shall ex- clude and cut-off from the use of the library any persons who wilfully violate such rules, or may levy reasonable fines for violations of such rules and regulations. The Board may, upon such terms as may be deemed proper, extend the privileges and use of such library to non-residents of the taxing district which supports it and may provide for the inter- change of books with any other library. i. Such other activities as the Deschutes County Board of Commissioners may assign. j. Make an annual report to the State Library and to the Deschutes County Commission. Page 3 of 5 % VOL 38PAGE 918 Article IX. Library Director Section 1. The Library Director shall be the chief executive of the Deschutes County Library and as such shall be responsible for the administration of the library under the general policies approved by the Board. The Director shall be directly responsible to the Board. The duties and responsibilities of the Library Director are: a. The Director shall attend all public meetings of the Board and shall have the right to speak on all subjects under discussion, but shall not have the right to vote. b. The Director shall have charge of all properties belonging to the library and shall be responsible for the proper discharge of duties by all members of the staff, consistent with the County personnel rules. c. The Director shall receive all communications or petitions from the employees to the Board and I have the right of recommendation prior to con- sideration by the Board. _I d. No one shall be appointed to the library staff except on the recommendation of the Director. The Director shall be responsible to the Board for the employment and director of the staff including all promotions, transfers, assign- ment of duties, fixing of hours of employment, and similar matters of administration consistent with County personnel rules. e. The Director shall recommend to the Board approval of all library expenditures within established budgetary line items. Article X. Order of Business for Library Board Meetings Section 1. At all meetings of the Board, the follow- _ ing shall be the order of business: a. Call to order b. Approval of minutes c. Communications d. Librarian's report e. Old business f. New business g. Adjournment Page 4 of 5 .F T VOL "AGE 919 Article XI. Amendments Section 1. The following procedures shall govern the enactment of amendments to these by-laws: a. Proposed amendments shall be presented at a regular monthly business meeting of the Board. b. The action on the proposed amendments shall be deferred until the next regularly monthly bus- iness meeting of the Board. c. Adoption of amendments to these by-laws shall be by at least five members of the Board and by 2/3 vote of the Deschutes County Board of Commissioners. Ed Jackson e in a Mack Carol Ann Moorehead Sherry Smith Ted Thorson Adopted this 17th day of June, 1981. Page 5 of 5 Steve Bennet, Library Board Chairman