Code of Ordinances Amendment - Title 2 Board of Library Trustees Copyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment- Title 2 Board of Library
Trustees
SUMMARY: City Manager recommending approval of an ordinance
which adds a new Title 2, Chapter 7 which establishes the
Board of Library Trustees and provides for the powers,
operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 2 Boards and Commissions by Repealing
Chapter 7 Board of Library Trustees and adopting a new
Chapter 7 Board of Library Trustees in lieu thereof
establishing the Board of Library Trustees and Providing for
the Powers, Operation, Membership, and Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Board of Library Trustees-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions — Board of Library Trustees
DATE: July 25, 2016
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which adds a new Title 2, Chapter 7 which establishes the Board of Library
Trustees and provides for the powers, operation, membership and meetings. The
Board of Library Trustees was established prior to 1910.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�I`'`„'"_—_` &�
To: Michael C. Van Milligen ICU__
City Manager
DATE: July 20, 2016
RE: Boards and Commissions — Board of Library Trustees
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Board of Library Trustees, which was
established prior to 1910. For this ordinance, a new Title 2, Chapter 7 is adopted which
establishes the Board of Library Trustees and provides for the powers, operation,
membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 37-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER 7 BOARD OF LIBRARY TRUSTEES
AND ADOPTING A NEW CHAPTER 7 BOARD OF LIBRARY TRUSTEES IN LIEU
THEREOF ESTABLISHING THE BOARD OF LIBRARY TRUSTEES AND
PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 7 of the City of Dubuque Code of Ordinances is
hereby released and the following adopted in lieu thereof:
Chapter 7
BOARD OF LIBRARY TRUSTEES
2-7-1: BOARD CREATED:
There is hereby created the Board of Library Trustees.
2-7-2: PURPOSE:
The purpose of the board is to control and direct the Carnegie -Stout Public Library.
2-7-3: INTERNAL ORGANIZATION AND RULES:
The board may adopt rules and regulations to govern its organizational procedures as
outlined in the Board of Trustees by-laws, which are not in conflict with this Code of
Ordinances or the Iowa Code.
2-7-4: PROCEDURES FOR OPERATION:
Except where the board's operations are governed by the Iowa Code, the board may
adopt policies to govern its operation.
2-7-5: MEMBERSHIP:
A. The board comprises seven (7) residents of the city, appointed by the mayor with
the concurrence of the city council.
B. Residents must be eighteen (18) years of age or older.
C. Membership on the board must comply with the provisions of Iowa Code
§69.16A, relating to gender balance. No person can be appointed or reappointed to the
board if that appointment or reappointment would cause the number of members of one
gender to be greater than one-half (1/4) of the membership of the board plus one (1). If
the city has made a good faith effort to appoint a qualified person to fill a vacancy on the
board for a period of three (3) months but has been unable to make a compliant
appointment, the city must utilize a fair and unbiased method of selecting the best
qualified applicants.
2-7-6: OATH:
Each person, upon appointment or reappointment to the board, must execute an oath of
office at the first meeting of the board following the appointment or reappointment or at
the city clerk's office any time prior to the first meeting of the board.
2-7-7: TERMS:
The term of office for members of the board is four (4) years or until such member's
successor is appointed and qualified.
2-7-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
2-7-9: OFFICERS/ORGANIZATION:
The board must choose annually a chairperson and vice -chairperson, each to serve a
term of one (1) year. The chairperson must appoint a secretary. The board must fill a
vacancy among its officers for the remainder of the officer's unexpired term.
2-7-10: MEETINGS:
A. Regular Meetings. The board must meet not less than what is required by the
State Library of Iowa standards for accreditation.
B. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the members.
C. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance.
1. The board must declare the office of a trustee vacant when the trustee is
removed from the library board or the unexcused absence from six (6)
consecutive regular meetings.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city clerk within ten (10) working days after approval.
F. Quorum. Four (4) members of the board constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members present and voting is
necessary for the adoption of any motion or resolution.
2-7-11: COMPENSATION:
Members serve without compensation, provided that they may receive reimbursement
for necessary travel and other expenses while on official board business within the limits
established in the city administrative policies and budget.
2-7-12: REMOVAL:
The mayor may remove any member for cause upon written charges and after a public
hearing.
2-7-13: POWERS:
The board has the following powers, duties, and responsibilities:
A. To have charge, control, and supervision of the public library, its
appurtenances and fixtures, and rooms containing the same, directing and
controlling all the affairs of such library;
B. To employ a librarian, such assistants, and employees as may be
necessary for the proper management of said library, and fix their compensation;
but, prior to such employment, the compensation of such librarian, assistants,
and employees shall be fixed for the term of employment by a majority of the
members of said board voting in favor thereof;
C. To remove such librarian, assistants, or employees by a vote of two-thirds
(2/3) of such board for good cause;
D. To select and make purchases of print and non -print materials for the
collection, furniture, fixtures, stationery, and supplies for such library;
E. To authorize the use of such library by non-residents of the city and to fix
charges therefor;
F. To make, adopt, amend, modify, or repeal bylaws, rules, and regulations
not inconsistent with law, for the care, use, government, and management of
such library and the business of said board, fixing and enforcing penalties for the
violation thereof;
G. To have exclusive control of the expenditures of all taxes levied for library
purposes as provided by law, and of the expenditure of all. monies available by
gift or otherwise, for the erection of library buildings and of all other monies
belonging to the library fund; and,
H. To contract with the trustees of the township or the Dubuque County
Board of Supervisors or of adjacent townships or counties, or with the trustees or
governing bodies of neighboring towns or cities not having library facilities for the
public, to loan the books of said library, either singly or in groups, upon such
terms as may be agreed upon in such contract.
2-7-14: CHARGE OF BUILDING, DONATIONS:
The board has charge and control of the Carnegie -Stout Public Library building and all
gifts and donations to the city for library purposes, and sees that the same are properly
preserved for public use.
2-7-15: ANNUAL REPORTS:
The board must each year make a report to the city council for the year ending
December 31, giving a statement of the condition of the library, the number of books
added thereto, the number circulated, the number not returned or lost, the amount of
fines collected, and the amount of money expended in the maintenance thereof during
such year, together with such other information as may deemed important.
Section 2. Nothing herein effects the term of any person serving as a member of
the board as of the effective date of this Ordinance.
Attest:
L
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 1st day of A, fi ust, 2016.
Roy D. Buol,,llayor
Kevin S. Firnstahl, Cit
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 05, 2016, and for which the charge is $78.92.
c e
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /040 day of , 20 /6
Notary Public in and for Dubuque County, Iowa.
to.,
MARY K. W[ STERMEYER
Commission Number 154885
My Comm, Exp, FEB, 1, 2017
$a'teffli MIT67(17
year. The chairperson
•-must appoint a secre-
;tarY Tie board riiust
fill a Jacancy� arcing
�' its officers for the, re
mainder;of the officers
unexpired term,
2 7 10: MEETINGS'
A, Regularf Meetings:
•The board must"meet
not less than what i$
required'; by the.'State•
Li racy of Iowa stand
afd5 f or acereditatidn
$ppedal N eegr,l0i
Special tmeetmgs;i.rnay,
be ,cand b
ey the chair-
person or„at thea Writ”
telt request;of a ma)oru
• ty of ttigii#01kl 1*; s-.,
C Opel Meetings qU
m etingS, ; Pi t}ic be .�
called aril Ile d`m'con-
formance with the. 10
wa "Operi' Meetings
Law.
D. Attendance.
1 The board must de
clare • he office"of a
trustee vacant when
t the, trustee is removed.
from the libraryboard
or the •unexcused ab`
sence from six (6) con-
secutive regular meet
•
OFFICIAL
PUBLICATION
ORDINANCE NO. :.
AMENDING CITY OF"i
DUBUQUE CODE. OF
ORDINANCES TITLE 2
BOARDS IND 'COM-
MISSIONS BY. RE
PEALING CHAPTER 7
BOARD, OF .'LIBRARY
TRUSTEES AND.
--ADOPTING A - NEW
• CHAPTER. 7 . BOARD
OF LIBRARY. TRUST-
EES IN LIEU. THEREOF
ESTABLISHING THE
BOARD OF` LIBRARYI
TRUSTEES AND PRO-
VIDING'„
RO-VIDING" FOR THE
POWERS, = OPERA-.
TION, MEMBERSHIP,
AND MEETINGS -�
NOW, THEREFORE; BE'
IT,:ORDAINED BY THE
CITY.000NCIL OF THE
CITYA: OF DUBUQUE, 10,
W `
Section 1. Title" 2,
Chapter 7 of the City.of
Dubuque Code of Ordi
nances is:hereby'. re.
leased and the follow
ing adopted in "lieu
thereof,
Chapter 7
BOARD OF LIBRARY
TRUSTEES'
2-71: BOARD CREAT-
ED: -
There is hereby creat-
ed the Board of Library
Trustees.
2-7-2: PURPOSE:
The purpose of" the
board is to control and
direct the.: Carnegie
St tPu bli Lib
ou c rary.
ings. -
2 Attendance must be;
entered ;uppon :the mi:
nutes ofall`meetirgs,, : .
E. Miriiltes A copy of':
the minutes of alt regu
far, and speaarl meet a
ings of trig boaftiTtttst!A
be filed with he; cjty#
clerk Within ,t n�' (10);
working days after apr
proval
F. Quorum Four (4)
members of the .board
constitute a . quorum
for, th'e;'transaction of,
business.'The affirm
tive vote of a majority.'
ofthe ;merhbers prey-{
ent and voting is nec
essary fof the adoption;.,
pf �rfy`�t�gti�n or reso=
2 711 •COMPENSA
TION ':
McCnbers1s60e.with
. out compensation; pro.-
videdthat they may rrel.,
ceive i reinibursemen`f
for necessary `travel
\ and .'':,other expenses'
while do 'official .board'
business within • the'
!hits''%established' in
the city administrative',
policies• and budget.
2,7-12: REMOVAL:
The mayor may re
move ahipy l tbOr for>_
cause upon "written'
charged and after a
public �jiearmg
-24-).-jr POWERS:
The board has the fol- ;
lowing-'poWers,!'duties,
and responsibilities:'
A. To have=charge,
control; and •,supervi-
sion of the• public. 11-
brary, ;,its appurtenan-
ces 'and fixtures,. and:
rooms containing the`
same, „I directing • and
controlling all the .af
fairs of such library
8; To -employ a iibrari-;.
an, such 'assistants;
and employees as 'May-
be netessary ! for-- the
niay-be.necessary!for-the
proper. management of,
said.,.hbrary, and fix;
their' compensation;
but; prior to such em
ploymerit, the compen--
sation,';of such librari-
an; assistnts, and em-
• ployees shall be fixed
for the term of employ
' merit by a majority of
the members' of said
board 'voting in favor
thereof
C To reinove'such 11-.1
brarian, assistants, or
employees by a vete of 1
`dee Pittrin5portarit. —•
-
Sectidn 2, Nothing
herein effects the term
of any person serving
as a member of the
board as of; the effec-
tnanive ce date of:'this Ordi
Section 3. This Ordi
,nance takes effect
upon publication.
Passed, approved,
and adopted the lst
day of•August;2016 i.,
/_s/RoV-D,rBuol Mayor.!
Attest: /s/Kevin 6."
Firnstahl, City Clerk
• Published officially in
the Telegraph. Herald
newspaper on• the 5th
day of Aggust 2016.;
/s/Kevin S. Firnstahl,
r • City Clerk
1t 8/5
2-7-3: : INTERNAL tOR two-thirds (2/3) of
GANIZATION AND RULES such board for good
The board:{nay adopt. cause;
rules and regulations D. To select and make
to govern, itsqorganiza= ' purchases of print and
tional procedures as' non -print materials for
outlined in the Board of the collection, furni-
Trustees by-laws, ture, fixtures, station -
which are not in con- ery, and supplies for
flict with this Code of such library;
Ordinances or the Iowa E. To. authorize the
bode. use of such library by
2-7-4: PROCEDURES non-residents of the
FOR OPERATION: city and to fix charges
Except where "-the" therefor; '
board's operations' are F. To make, adopt,'
governed by the Iowa amend, modify, or re-
Code, the _board, may peal bylaws, rules, and..
adopt: policies to gov- regulations not incon-
ern its operation. sistent with law, for
2-7-5: MEMBERSHIP: the care, use, govern-
A. The board compris- ment, and manage -
es seven (7) residents Tent. of such library
of the city, appointed , and the business of
by the mayor" With ,the said. board, fixing:and
concurrence of the city enforcing penalties for
couhcil the violation thereof;
B. Residents must be G. To have: exclusive
eighteen.(18) years --of control' of the expendi-.
age or older. tures of all taxes levied
C Membership on the for library purposes as
board must , comply provided by law, and of
r with the provisions :of the expenditure of all
Iowa Code;:§6916A" re- monies available by
gating, to gender, ,b.al- gift or otherwvise, .for
ance. No person can be the- erection'of library
appointed ;s or reap- , buildmds and of;, all
pointed to'the board if other monies' belong-'
.that appointment or re- ing to the library fund;
appointment would and •,>
cause,.the: number ;,of H.; To contract with
• members ofmr
ope kgen
tlei- to �e,r''--- th�
onegha f
ti stees :, of the
township orrthe Dubu
que;,Gourify, bard of ',
membershjp of thg superVisbaS r�oFf adla "
board plus' one 41) ; If cent
Elie city Lias made a countieF
good faith effortto a trustees or governing
point a quaflfied peri bodies ofineighborlflg
on to fill a V cart y;on towns or cities• not h
the board for a,period
ihgrjotawifAcIlitiO,g,3
of three (3) months but the :pribhc to; loan the
has been; unable to books of seid hbtafy,:
• Make a'compliant 'ap$ either singly; 00,iinr
I pomtment thele city }groups, upon such
must uttlize a fair end terms ,maytl'be
unbiased method of -seg' agreed upon' m s4cli
:letting t ie best quali contract.
fled apphcants 2-714: CHARGE OF;..
2 7 6 OATH BUILDING, DONATIONS
:>Each person upon'ap r, The board,has charge:.
pomtmef�t.' or reap and; control., of the;
;pomtment= te'� :.the Carnegie -Stout Public
board, must execute ah Library building and all_,
oath Of office:at thei :'gifts and donations to.
first !meeting of the the city for library pur
board following the ap, " poses, and sees that
pointment • or reap- the same are properly
pointmentTor at, the preserved for public
• city clerk's office any use;
time prior to -the, first 2-7 15: ANNUAL RE
meeting of the board PO,RTS._
2-7,-7: TERMS ' 'fhe board must each
The term of office;for year make a:report;to
members'of the board the;oity council .for! the
• is four (4) years or, until year ending• December
''such member's succes` 31, giving a statement
sor,is"appointed :and of the condition of the
qualifietl' library, the number of
2 7 8 yACANCIES . books added thereto,
Vacancies musf, be fig 'the. number 'circulated,
led in the'same manner tiie number not re -
as origihal appeigt- turned or dost, the
amount of fines col-
2-7-9;;OFFICERS/OR= lected, arid `ti e •amount
• GANIZATION i• - of money expendetl in
The board. ' must the maintenan'c`e there- I,
l choose ahnually" a ofduringsuch year, to-
chairpersonvice ' gether,Withsuch other
.and
Chairperson each' 'to information: • as • may
j serve a term of one ().) deemed important.
I year. The chairperson •'Section 2. Nothing
must, apppoint a :seore- herein effects the term
Mary Th'e board -must of any person serving
' fill a - vacancy 'attiong as a member of the
• its "officers for the; re- 'board as of: the effec-
mainder.ofthe"officer's tive date of this Ordi-'
unexpired term ' ?';- Hance. .
2-7=10: MEETINGS:• Section 3. This Ordi
A. Redular...Meetinos, :nonce takes • effect