BOARD OF TRUSTEES OF
HOWELL CARNEGIE DISTRICT LIBRARY
BYLAWS
ARTICLE I – Establishment and Purpose of Bylaws.
Section 1. Establishment. The Howell Carnegie District Library (“Library”) was established in accordance with 1989 PA 24, the District Library Establishment Act, (“DLEA”). The Library was established by the Howell Public Schools and the City of Howell who are the “participating municipalities” in the Library.
Section 2. Bylaws; Annual Review. These Bylaws are rules governing the internal affairs of the Library. The Bylaws should be reviewed annually.
ARTICLE II – Membership
Section 1. Board Members. Pursuant to the DLEA, the Library Board of the Library (“Library Board”) shall consist of seven (7) members to be appointed as provided in the Howell Carnegie District Library Organizational Plan (“Plan”), as amended. Four (4) members shall be appointed by the Board of Education of the Howell Public Schools and three (3) members shall be appointed by the City of Howell. All Board Members shall take an oath before each term and serve terms of four (4) years.
Section 2. Removal. In accordance with Section 8(2) of the DLEA, the Governor of the State of Michigan shall have the power to remove a member pursuant to the provisions of Section 10 of Article V of the State Constitution of 1963, as amended.
Section 3. Vacancy. The office of Board Member becomes vacant when the incumbent dies, resigns, is convicted of a felony, is removed from office by the Governor, ceases to be a resident of the Library District or ceases to be a resident of the Participating Municipality that appointed the Board Member. In the event of a vacancy, the Participating Municipality that appointed the Board Member whose position has become vacant shall appoint a replacement for the remainder of the unexpired term. An appointment to fill a vacancy shall be made by the Participating Municipality within 30 days of such vacancy or as soon thereafter as the Participating Municipality can complete the process.
Section 4. Attendance. Board Members have a fiduciary obligation to attend Library Board meetings.
ARTICLE III – Powers of the Board
Section 1. Powers and Authority. The Library Board may exercise any and all of the powers granted to it by the DLEA, the District Library Financing Act, federal and Michigan law, and the Agreement. If permitted by law, the Library Board may delegate such powers to the Officers of the Board and/or the Library Director as it deems necessary.
Section 2. Fiscal Year. The fiscal year of the Library shall be the annual period commencing July 1 and ending the following June 30. Such a year shall constitute the budget year of the Library.
Section 3. Budget and Audit. The Library Board shall have the exclusive control of the budget of the Library. The Library Board shall prepare and make available an annual budget and shall obtain an annual audit by an independent certified public accountant selected by the Library Board, all in accordance with Michigan law.
ARTICLE IV – Officers
Section 1. Officers. Officers of the Library Board shall be President, Vice-President, Secretary, and Treasurer.
Section 2. Terms. The officers shall be elected for one (1) year terms at the regular meeting in June and whose terms shall begin at the July meeting. Each officer must be a lawfully appointed and serving board member and shall serve until the appointment of a successor unless the Board member is assuming a different office.
Section 3. Vacancies. Vacancies in office shall be filled by the Library Board at the next regular meeting of the Library Board following the occurrence of a vacancy, except for the office of President, in which case the Vice-President shall assume the duties of the office for the remainder of the unexpired term. A successor Vice-President shall be elected to fill the vacancy so created in that office.
ARTICLE V – Duties of the Officers
Section 1. President. The President of the Library Board shall preside at all meetings, appoint committees, authorize calls for any special meetings, assist with the creation of any agenda, execute any document authorized by the Library Board (unless otherwise provided by the authorization) and generally perform the duties of a presiding officer.
Section 2. Vice-President. In the absence of the President, the Vice-President of the Library Board shall perform the duties of the President. In the case of the resignation, disability or death of the President, the Vice-President shall assume the office for the remaining term.
Section 3. Secretary. The Secretary of the Library Board shall ensure that minutes of the Library Board meetings and other Library records are kept in accordance with Michigan law. In compliance with any requirements of state law regarding the holding of meetings, the Secretary shall issue notices of all regular meetings, and of all special meetings, and shall have the custody of the minutes and other records of the Library Board. With the approval of a majority of the Library Board and if permitted by law, the Secretary may delegate any of these responsibilities to the Library Director. The Secretary shall also have the authority to execute any document authorized by the Library Board (unless otherwise provided in the authorization).
Section 4. Treasurer. The Treasurer of the Library Board shall have charge of the funds of the Library, providing for their safe custody and investment as directed by the Library Board, subject to limitations for investment of public funds as provided by law. The Treasurer shall control expenditures from the Library Fund through a system of vouchers presented by authorized personnel. A record of all monies received or deposited to the Library Fund, and all disbursements, sales and transfers from the Library Fund shall be kept by the Treasurer, and reported monthly to the Library Board at its regular meeting. In addition, the Treasurer shall perform such other duties as may be prescribed for him or her by state or federal law and these Bylaws. With the approval of a majority of the Library Board and if permitted by law, the Treasurer may delegate any of these responsibilities to the Library Director.
ARTICLE VI – Meetings
Section 1. Regular Meetings. The regular meeting of the Library Board shall be held each month, the dates, times, and places to be set by the Library Board at its December meeting. As required by the Michigan Open Meetings Act (“OMA”) within ten (10) days following the first meeting in January, a notice shall be posted in a public place at the Library setting forth the dates, times, and places of all regular meetings scheduled for the ensuing year. If there is a change in the schedule of regular meetings of a public body, there shall be posted within three (3) days after the meeting at which the change is made, a public notice stating the new dates, times, and places of its regular meetings.
Section 2. Annual Meeting. The Annual Meeting of the Library Board shall be the regular meeting in June, and shall be for such organizational matters as may be required.
Section 3. Special Meetings. Special meetings may be called by the President or upon written request of two (2) Board Members, provided eighteen (18) hours of notice, in the format and manner as provided by the Michigan Open Meetings Act, is given of the date, time, place and purpose for which such meeting is called. Board Members not present at the time of announcement of such special meeting shall be notified by the Secretary.
Section 4. Agenda. The proposed agenda shall be distributed by the Library Director to all Board Members at least two (2) days before the meeting.
Section 5. Order of Agenda. The following items will constitute the agenda for regular meetings:
Call to Order/Approval of Agenda
Attendance
Consent Agenda
Announcements & comments from the public
President’s Report
Treasurer’s Report
Committee Reports
Director’s Report
Action Items
Unfinished Business
New Business
Discussion Items
In-service Training Topic
Comments & Concerns of Board Members
Adjourn
Section 6. Quorum. A quorum for the transaction of business shall consist of the majority of Library Board Members appointed and serving.
Section 7. Board Action. Any Library Board action must be approved at a Library Board meeting by a majority of the quorum of the Library Board, unless otherwise provided by law.
ARTICLE VII – Committees
Section 1. Appointment. All committees of the Library shall be appointed by the Library Board President and approved by the Library Board. The President may decide to appoint himself or herself an ex-officio member of any committee. As directed by the Library Board, the Library Director may serve as resource person to any committee. The Library Director shall be an ex-officio member of all committees.
All committees and subcommittees, whether standing or special, shall serve in an advisory capacity to the Library Board. No committee or subcommittee shall have authority to take final action with respect to any matter or have the power to decide or deliberate public policy on behalf of the Library Board. Each committee shall present recommendations to the Library Board for deliberation and action by the Library Board and the Library Board shall be free to reject, accept or modify the committee’s nonbinding recommendations.
Section 2. Committees. The Library may have committees as follows:
- Ad Hoc Committees. Ad hoc committees of the Library shall exist until their specified purpose is completed or unless otherwise disbanded by the President. The President shall provide specific purposes and duties of the ad hoc committee.
- Standing Committees. The standing committees of the Library Board shall consist of less than a quorum of the Library Board. Committees shall convene on the call of the Committee Chair or Library Director and, when ready or requested by the President, report their findings at a Library Board meeting. The following standing committees shall have the powers and responsibilities prescribed:
Standing Committees:
- Finance – reviews investments and all aspects of library finances to assist the library treasurer and the library director in managing the funds. The Treasurer is a member of this committee, as well as two other board members and the library director. Finance, accounting, investing and/or business knowledge and experience is required.
- Nominating and Recruiting – Nominate board officers before the meeting each July June. Set criteria for skills and attributes needed for the board and seek qualified interested candidates to apply for appointment by either the Board of Education of the Howell Public Schools or the City of Howell. The President is a member of this committee, as well as two other board members and the library director. Knowledge of the role of each official and general responsibilities of board members; understanding of the various skill sets needed on the board; knowledge of community members who possess needed skills and support the mission of the library
- Policy – reviews library policies, recommending changes to the library board. Three board members, one staff liaison and the library director are members. The library director suggests the staff member. Legal, human resource, business or policy experience is required.
ARTICLE VIII – Library Director
Section 1. Appointment. The Library Director shall be appointed by the Library Board and shall be considered the executive officer of the Library.
Section 2. Duties. The Library Director shall be in charge of the administration of the Library under the direction and review of the Library Board. The Library Director shall be responsible for:
- Overseeing the care of the building and equipment;
- The employment, development, and direction of the staff;
- The Library’s service to the community;
- The annual preparation of a budget proposal;
- The operation of the Library under the financial conditions set forth in the budget approved by the Library Board;
- The submission of the proposed budget to the Library Board by its regular May meeting; and
- Any other duty delegated by the Library Board.
Before entering upon the duties of the office, the Library Director shall take and subscribe to the constitutional oath.
If the Library Director is absent, resigns, is terminated, dies or becomes disabled, the Board may designate a qualified person as Acting Director to perform the duties of the office. Before entering upon the duties of the office, the Acting Director shall take and subscribe to the oath, and furnish bond, as required of the Library Director. At no time shall the District Library operate without a Director or Acting Director for more than 90 days.
Section 3. Attendance at Board Meetings. The Library Director or the Library Director’s representative shall be expected to attend all meetings of the Library Board unless otherwise directed by the Library Board President.
ARTICLE IX – Amendments
These Bylaws may be amended at any regular meeting of the Library Board by two thirds of the Board Members qualified and serving, provided the amendment was presented in writing at the previous regular meeting.
Resolution 24-22 Resolution to Adopt Bylaws adopted September 2024.
Adopted September 2024
Adopted May 16, 1989
Amended Article II, Section 2, December 5, 1989
Amended Article I, Section 4, Article III, Section 5, and Article IV, Section 2 (3), April 10, 1990
Amended Article IV, Section 2 (1) and (3), July 12, 1994
Amended Article IV, Section 2 (3), November 8, 1994
Amended Article I, Section 1 (1), (2), (3), (4), (6), (7), and Section 2 to take effect on July 1, 1995
Approved above Revisions 5/14/02
Amended Article I, Section 1 (2), (4) and Section 2 to take effect on July 12, 2006
Approved above Revisions 7/11/06
Amended Article 1, Section 1(3) and Section 2; Article 2, Section 4 12/11/18
Amended Article 2, Section 4;Article 3 Sections 3,4 and 5; Added Article 4 – Committees December 2021