By-Laws of the Akron Carnegie Public Library

Article I.

Identification

 Section 1. The name of this Board is the “Board of Trustees of the Akron Carnegie Public Library”, hereinafter referred to as “the Board.”  The Akron Carnegie Public Library will be hereinafter referred to as “the Library”.

Section 2. Geographical boundaries of the Library and taxed library district include the town of Akron and Henry Township in Fulton County.

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, per IC 36-12-2-21.  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.

 Article III.

Personnel

Section 1. The library 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 based upon 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 shall have the power to write and enforce administrative regulations or procedures governing the Library which logically stem from adopted and approved Board policies.  Such regulations or procedures shall be consistent with the policies of the Board.

 Section 3. The director shall be held responsible for the care of the building(s) and equipment, for the employment and direction of the staff, for the efficiency of the library’s service to the public, for the administration of the long range plan and short term goals, and for the operation of the library under the financial conditions set forth in the annual budget.

 Section 4. The director shall attend all library Board meetings, except those at which her/his appointment, salary, or performance is to be discussed or decided.

Article IV.

Conflicts of Interest

Section 1. Board members, in the capacity of trust imposed upon them, shall observe ethical standards with absolute truth, integrity and honor.

Section 2. Board members shall promote a high level of service while observing ethical standards.

 Section 3. Board members shall avoid situations in which personal interests might be served or financial benefits gained at the expense of library users, colleagues or the institution.

Section 4.  Board members will not use the library for personal advantage or the personal advantage of friends or relatives.

Section 5. Board members will declare any conflict of interest between their personal life and their position on the Library Board and avoid voting on issues that appear to be a conflict of interest. It is incumbent upon any Board member to disqualify or recuse himself/herself from voting immediately whenever the appearance of a conflict of interest exists.

 Section 6.  If the possibility of a long-term conflict of interest exists, the Board member shall complete the Uniform Conflict of Interest Disclosure Form annually. 

Article V.

Nepotism

The Library will always hire employees based on their experience, skills and merit. If a family member of a Board member or current staff member is interested in a position with the Library, that person should apply through standard channels.

Article VI.

Amendments

Section 1. These bylaws may be amended at any regular meeting of the Board by majority vote of the members.

Section 2.  Amendments shall be proposed one month in advance of voting, and a copy provided to each Board member at least 15 days before the meeting.

Section 3.  Amendments may be proposed by any member of the Board.

Section 4.  The amendments for each year shall be sent to the Indiana State Library upon submission of the annual report.

 Article VII.

Membership

Section 2. Members of the Board shall be appointed pursuant to IC 36-12-2-9, and as follows:

Article VIII.

Officers

Section 1. Officers of the Board shall be a President, Vice President, Secretary and Treasurer, per IC 36-12-2-22 and IC 36-12-2-23.

Section 2. The officers shall be elected annually, per IC 36-12-2-23.

Section 3. Vacancies in office shall be filled by voting at the next regular meeting of the Board after the vacancy occurs.

Section 4.  Any officer may be removed by the Board at any regular or special meeting by a majority vote of the entire membership of the Board.

 Section 5. The duties of the officers shall be such as by custom and law, including IC 36-12-2-22 et seq. and the rules of this Board usually devolve upon such officers in accordance with their titles.

 Section 6. The President shall preside at Board meetings, appoint committees deemed necessary, certify all bills allowed by the Board, enforce the observance of these rules, and perform such other duties as pertain to the office of the President and are necessary to carry out the wishes of the Board.

Sec. 7.  The Vice-President shall perform the duties of the President in the absence of the latter.

Sec. 8.   The Secretary shall record all proceedings of the Board; shall keep a record of attendance at Board meetings, and if any member is absent without reasonable excuse from six consecutive meetings for any cause other than illness, it shall be the duty of the Secretary to inform the appointing authority that the member is not serving the best interests of the Library and should be replaced by someone who will take an active part in the work.

Section 9.  In addition to duties outlined in IC 36-12-2-22, the Treasurer shall be responsible for the receipts and expenditures and shall sign all warrants approved by the Board.

Article IX.

Meetings

Section 1. The Board shall meet monthly. The regular meeting shall be held the first Tuesday of each month at 7:00 p.m. The Board shall set the meeting days for the year at the first annual meeting.  The November meeting shall be the annual meeting, per IC 36-12-2-23.

Section 2. The full Board and its officers constitutes The Board of Finance and shall meet annually in January, after the first Monday and on or before the last day of January, to review finances and depositories, per IC 5-13-7-5 et seq.

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 may be called by the President, or upon written request of two (2) 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 2 days in advance of such meeting and to the local media 48 hours in advance, excluding holidays and weekends, per IC 5-14-1.5-5

Section 5. A quorum for the transaction of business shall consist of a simple majority, which is equal to 50% of the seats established by law plus one, regardless of any current vacancies on a library’s board.

Section 6. Order of business shall be:

Article X.

Committees

 Section 1. Standing committees will be appointed by the President, with the approval of the Board, at the first meeting following the annual meeting, and will serve for one year.  

 Section 2. Special committees for the study of special problems may be appointed by the President, with the approval of the Board, to serve until the final report of the work for which they were appointed has been filed at a regular library Board meeting.

 Section 3. No committee will have other than advisory powers unless, by suitable action of the Board, it is granted specific power to act.  All committee reports and/or recommendations shall be submitted in writing upon request.  Reports of committees shall be signed by at least two members thereof.

 Section 4. Committees may have citizen members, as deemed appropriate for their purpose by the Board.

Article XI.

Indemnification

Section 1. The Board of Trustees, its individual trustees, officers, agents, employees and volunteers shall be immune from tort liability for injuries to persons or damages to property while in the course of employment or service or volunteer while acting on behalf of the Library provided that the individual is acting or reasonably believes he or she is acting within the scope of his or her authority in furtherance of the purposes of the Library and the individual’s conduct does not amount to gross negligence that is the proximate cause of the injury or damage. As used in this Section, “gross negligence” means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.

 Article XII.

Policies, Plans, Rules, and Regulations

 Section 1. In addition to operating in accordance with these Bylaws and the laws of the State of Indiana, the Board shall adopt policies, plans, rules, and regulations to govern its operations, and may affirm policies, plans, rules and regulations proposed by the Library Director for the management and administration of the Library, as required by 590 IAC 6-1-4(d), 590 IAC 6-1-4(e) and 590 IAC 6-1-4(h) .

Section 2. All of these policies, plans, rules, and regulations shall be compiled and organized in a manual to be known as “The Policies, Plans, Rules, and Regulations of the Akron Carnegie Public Library.”

Article XIII.

Review of Bylaws

Section 1.  The bylaws will be reviewed annually.  The secretary shall affix the date of review to the bylaws for audit as well as indicating the action in the minutes.

  Reviewed/Revised by the Akron Carnegie Public Library Board of Trustees on 12/3/19, 12/7/21, 11/5/24