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Resolution No. 22-19 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22-19 A RESOLUTION OF THE CITY COUNCIL AMENDING THE BYLAWS OF THE TIGARD PUBLIC LIBRARY BOARD. WHEREAS,Tigard City Council established the Tigard Public Library Board to advise Tigard City Council on library matters and to communicate the library needs of the community to the City Council; and WHEREAS, revisions to the bylaws approved under the resolution are necessary to align Board member term expiration dates from June to December;and WHEREAS,the bylaws of the Tigard Public Library Board have been revised to reflect the changes in these term ending dates;and WHEREAS,the bylaws of the Tigard Public Library Board have been revised to change the nomenclature of the Chair Pro Tem to Vice Chair,and added information regarding using alternates;and WHEREAS, references to the Municipal Code Chapters 2.36.030 and 2.36.040 have been removed from the bylaws of the Tigard Public Library Board in accordance with request to repeal Chapters 2.36.030 and 2.36.040 from the Municipal Code. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard Public Library Board Bylaws are amended as shown in Exhibit B. SECTION 2: This resolution is effective immediately upon passage. PASSED: This 28th day of une 2022. IM-W Mayor- City of Tigard ATTEST: /2� ity Recorder- City of Tigard RESOLUTION NO. 22-19 Page 1 Exhibit A - Library Bylaws Revisions " CITY OF TIGARD i TIGARD LIBRARY BOARD BY-LAWS SECTION I. CHARGE AND DUTIES A. The Tigard Public Library Board hereafter referred to as the "Board" shall have no powers except as conferred by resolution,City Charter,Tigard Municipal Code,or the Oregon Revised Statutes. yrs-stftted irr4re T4gftrd eip?4 G �'�e-L-4brftry Boftrd- is estftblished-ftttd s1t B. It shall be the function of the Tigard Public Library Board to act as an advisory body to the City Council. C. The Board and its members shall conduct itself in a manner that is in keeping with applicable federal, state, and local laws pertaining to conduct and ethics and the City of Tigard Code of Conduct. Any violation of the provisions of such laws shall be grounds for removal from office. D. The Tigard Public Library Board shall have the following responsibilities: • To advise the City Manager and City Council of findings and concerns relating to the management, control and operation of City Library facilities; • To formulate for recommendation to the City Council, rules, regulations, and policies as deemed desirable for the governance, maintenance of order, safety, operation and utilization of library facilities and to monitor the application of all adopted rules, regulations and policies; • To monitor the operation of the Library for the purpose of identifying any deficiencies in the level of service being provided to the public and to recommend to the City Manager and City Council appropriate remedial actions where deficiencies are found to exist; • To encourage and support active volunteerism in support of the use and improvement of the Library facilities; • To ascertain the Library needs of the community and to present to the City Council evaluations and recommendations regarding needs and desires as expressed by library patrons; • To perform such other duties and to provide such other advice as the City Council may request from time to time in furtherance of the goal of providing the best Library service to the public as is possible under the constraints of available revenue, space, manpower and other public resources. E. The Board may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. Tigard Library By!—Laws-Approved by City Council 06/28/2022-Resolution 22-xx Library-Beard 98.9$.8-Res-1-6—--4"#16 * CITY OF TIGARD TIGARD LIBRARY BOARD BY-LAWS • The Chair shall appoint special committees of one or more members for such specific purposes as the functions of the Board may require from time to time. The committee shall be discharged upon completion of the purpose for which it was appointed and after the final report is made to the Board. • All committees shall make a progress report at Board meetings as needed, or as requested by Chair. • No committee shall have other than advisory powers, unless by suitable action of the Board,it is granted specific power to act. SECTION II. COMPOSMON A. The Board shall consist of seven members, six of whom shall be residents of the City and one of whom may reside within or outside the Tigard incorporated limits . The Mayor or authorized designee, subject to confirmation by the City Council, shall appoint a person to a four-year term. ffAIC 2.36.030.B.2) B. The Board shall also include two alternate members. Alternates are appointed to the Board every two years,at the same time members are appointed. The Mayor or authorized designee, subject to confirmation by the City Council, shall appoint a person as an alternate. C. Should a vacancy occur for any reason other than expiration of a term,the Mayor or authorized designee, subject to City Council confirmation, shall appoint a new member for the duration of the unexpired term. Members serving as alternates will be given first consideration to fill a mid-term position. (See Resolution 01 21) ffAIG 2.36.030.B.2) D. Membership may temporarily drop below required minimums due to resignations and/or difficulty in recruiting qualified applicants. E. The Library Director, or his/hefauthorized designee, shall serve as secretary to the Library Board and shall keep accurate records that will be made available to the City Manager, City Council and interested public. Upon request, the secretary shall issue notices of regular and special meetings, shall have custody of the minutes and other records of the Board,shall notify the appointing body of any vacancies on the Board and shall generally perform such duties associated with that position. SECTION III.APPOINTMENTS A. The Mayor, subject to confirmation by the City Council, shall fill vacancies with individuals who meet the stated requirements listed in Section II. SECTION IV.TERM OF OFFICE Tigard Library By!-Laws—Approved by City CouncH 06/28/2022-Resolution 22-xx * CITY OF TIGARD TIGARD LIBRARY BOARD BY-LAWS A. Board members serve for a term of four years. -Alternate positions serve for a term of two ey ars.Terms commence on anua 1 and end on june 301)ecember 31, four years or two years respectively, after commencement B. Any vacancy in the Board shall be filled by appointment by the Council and Mayor for the unexpired portion of the term. Members serving as alternates will be given first consideration to fill a mid-term position. (See Resp,.. L21`-The unexpired portion of a term does not count towards the fulfillment of the maximum number of allowed terms. C. Members may be reappointed for up to two (2) consecutive terms, nfft withsta-ndingnotwithstanding prior appointment to an unexpired term. After a one-year interval,a former member who had served two terms may be reappointed. ffAIC 2.36.030.B.3) D. Library Board members shall receive no compensation for their services. ffAIC 2.36.030.B.4) E. An individual board member may not act in an official capacity except through the action of the Board. F. A member who seeks to resign from the Board shall submit a written resignation to the chair of the Board, the staff liaison, or the city recorder's office. If possible, the resignation should allow for a thirty (30) day notice so the City Council can appoint a replacement. SECTION V.ORGANIZATION OF THE BOARD A. The officers shall be a Chair ersen and a Vice Chairperson Pro At its annual meeting , the Board shall elect the Chair er�tett and the Vice Chair from its members who shall hold office at the pleasure of the Board. These officers shall serve a term of one (1) year commencing at the annual meeting at which they are elected and ending upon election of their successors. • Chair ers . The Cehairpenon shall have general directional powers over the Board. The Chair erssr�shall preside at all Board meetings,appoint all committees,and generally perform all duties associated with that office. In consultation with support staff, the Chairp� shall set the agendas. The Cehair erst rt shall also be an ex-officio member of all subcommittees and shall be the sole spokesperson for the Board unless this responsibility is delegated to support staff. • Vice Chair tn±± L��:In event of the absence or disability of the Chair er�et�, or a vacancy in that office, the Vice Chair=,...,...~ Pro T,.ffl shall assume and perform the duties and functions of the Chair er�en. o In the absence of the Chair even and Vice Chai from a Board meeting, the members shall select a temporary Cehairptt�tt for the meeting. Tigard Library By!-Laws—Approved by City CouncH 06/28/2022-Resolution 22-xx * CITY OF TIGARD TIGARD LIBRARY BOARD BY-LAWS B. If the Chair should resign, the Board shall, at its next meeting, conduct an election and provide a replacement to fill the unexpired term. C. Staff liaisons are the primary contacts for City of Tigard boards and the primary interface between these bodies and the City Council, City Manager, and departments. Besides serving as a technical resource,staff liaisons are responsible for meeting logistics,member recruitment and recognition, recordkeeping, and monitoring board effectiveness. SECTION VI.MEETINGS A. The regular meeting of the Board shall be held monthly at the Tigard Public Library, unless otherwise determined by the Board. If the regular meeting day is a holiday,the meeting will be held on an alternate altemative date of the Board's choice. B. The Board shall meet at least six times a year at a time and place that is specified at least five (5) days in advance,andadvance and shall be open to the public C. The parliamentary authority for the Board is Robert's Rules of Order Revised, except where superseded by these bylaws or local, state,or federal law. D. Agendas shall be posted for public notice on the City of Tigard web page,in the lobby of City Hall and in the Tigard Public Library in compliance with Oregon Public Meetings Law. All meetings shall be open to the public. E. A majority of votes of Board members present shall determine the official position of the Board on a given issue. Alternates are not allowed to vote under any circumstances. F. Board members shall not send or receive electronic communications concerning any matter pending before the Board during a Board meeting. a. Electronic Communications means e-mail, text messages, or other forms of communication transmitted or received by technological means. b. Electronic Communications Devices means laptop computers, Blackberries, cell phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. G. Board members shall not use electronic communication devices to review or access information regarding matters not in consideration before the Board during a Board meeting. H. Special meetings may be called by the Chair even,or secretary to the Board,or at the request of two members,provided that notice be given to all members and the public at least twenty- four (24) hours in advance of the special meeting. I. The annual meeting,which shall be for the purpose of the elections of officers, shall be held in conjunction with the regular Septeffibe first-meeting of the new year. Tigard Library By!-Laws—Approved by City CouncH 06/28/2022-Resolution 22-xx * CITY OF TIGARD TIGARD LIBRARY BOARD BY-LAWS SECTION VII.BOARD MEMBER RESPONSIBILITIES Members of the Board shall: • Regularly attend meetings and contribute constructively to discussions,., • Consider and discuss issues from a Citywide perspective, as well as that of particular stakeholder or interests- • Strive to reach consensus on matters under consideration;, • Act with respect and consideration for the viewpoint of others;: • Members shall not make representations on behalf of the City of Tigard or Board whether intentional or not,without authorization. SECTION VIII.ATTENDANCE If a member is unable to attend a meeting, he or she they are expected to notify the Chairperson or staff liaison (or secretary of the Board. If a member has missed more than three (3) unexcused scheduled meetings within one year, the issue shall be placed on the upcoming agenda, and upon majority vote of the Board members present that position shall be declared vacant. The Board shall forward its action to the Mayor and Council,who shall fill the vacant position. SECTION IX. QUORUM A. At any meeting of the Board, a quorum shall be a majority of the current members (excludes alternates) of the Board. No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum, members who have disqualified or excused themselves from participation in any matter shall be counted as present. B. In the event a quorum will not be present at any meeting,the Chair erset3 or Vice Chair erten Pro Tem shall notify the Board members in advance so that a decision may be made whether to meet and take no action on agenda items or to reschedule to a different time. SECTION X.REMOVAL OF MEMBERS A. The City Council may remove members of the Board in accordance with Section VIII: Attendance. B. The Council may also remove members when,in its judgment,the conduct of a member does not conform to the City of Tigard Code of Conduct for Boards, Commissions and Committees or based on other conduct unbecoming a representative of the City. C. The Board may make a recommendation to Council for the removal of a member in accordance with Section VII: Member Responsibilities. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx * CITY OF TIGARD TIGARD LIBRARY BOARD BY-LAWS SECTION XI.ANNUAL REPORT OF THE BOARD A. The Tigard Public Library's Annual Report is considered to be the joint meeting, generally held in Mayfl2LVring,with Board members and Tigard City Council. B. The Annual Report shall include a summary of key activities and proceedings and any specific suggestions or recommendations which the Board believes would be noteworthy to the Council. C. The Annual Report shall not be submitted unless approved by the Board. SECTION XII.AMENDMENTS These Bylaws are adopted by resolution of the Tigard City Council, are binding on the Board, and may be amended by the City Council. The Bylaws may also be amended at any meeting of the Board with a quorum present, by unanimous vote of the members present, provided the amendment was stated in the call for a meeting. Such actions of the Board shall be forwarded to the City Council for final adoption. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx Lmibraty Baftrd 08.08.48 '-6 Exhibit B - Library Bylaws Final Zi CITY OF TIGARD TIGARD LIBRARY BOARD BYLAWS SECTION I. CHARGE AND DUTIES A. The Tigard Public Library Board hereafter referred to as the "Board" shall have no powers except as conferred by resolution,City Charter,Tigard Municipal Code,or the Oregon Revised Statutes. B. It shall be the function of the Tigard Public Library Board to act as an advisory body to the City Council. C. The Board and its members shall conduct itself in a manner that is in keeping with applicable federal, state, and local laws pertaining to conduct and ethics and the City of Tigard Code of Conduct. Any violation of the provisions of such laws shall be grounds for removal from office. D. The Tigard Public Library Board shall have the following responsibilities: • To advise the City Manager and City Council of findings and concerns relating to the management, control and operation of City Library facilities; • To formulate for recommendation to the City Council, rules, regulations, and policies as deemed desirable for the governance, maintenance of order, safety, operation and utilization of library facilities and to monitor the application of all adopted rules, regulations and policies; • To monitor the operation of the Library for the purpose of identifying any deficiencies in the level of service being provided to the public and to recommend to the City Manager and City Council appropriate remedial actions where deficiencies are found to exist; • To encourage and support active volunteerism in support of the use and improvement of the Library facilities; • To ascertain the Library needs of the community and to present to the City Council evaluations and recommendations regarding needs and desires as expressed by library patrons; • To perform such other duties and to provide such other advice as the City Council may request from time to time in furtherance of the goal of providing the best Library service to the public as is possible under the constraints of available revenue, space, manpower and other public resources. E. The Board may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx * CITY OF TIGARD TIGARD LIBRARY BOARD BYLAWS • The Chair shall appoint special committees of one or more members for such specific purposes as the functions of the Board may require from time to time. The committee shall be discharged upon completion of the purpose for which it was appointed and after the final report is made to the Board. • All committees shall make a progress report at Board meetings as needed, or as requested by Chair. • No committee shall have other than advisory powers, unless by suitable action of the Board,it is granted specific power to act. SECTION II. COMPOSMON A. The Board shall consist of seven members, six of whom shall be residents of the City and one of whom may reside within or outside the Tigard incorporated limits.The Mayor or authorized designee, subject to confirmation by the City Council, shall appoint a person to a four-year term. B. The Board shall also include two alternate members. Alternates are appointed to the Board every two years,at the same time members are appointed. The Mayor or authorized designee, subject to confirmation by the City Council, shall appoint a person as an alternate. C. Should a vacancy occur for any reason other than expiration of a term,the Mayor or authorized designee, subject to City Council confirmation, shall appoint a new member for the duration of the unexpired term. Members serving as alternates will be given first consideration to fill a mid-term position. D. Membership may temporarily drop below required minimums due to resignations and/or difficulty in recruiting qualified applicants. E. The Library Director,or authorized designee, shall serve as secretary to the Library Board and shall keep accurate records that will be made available to the City Manager, City Council and interested public. Upon request, the secretary shall issue notices of regular and special meetings, shall have custody of the minutes and other records of the Board, shall notify the appointing body of any vacancies on the Board and shall generally perform such duties associated with that position. SECTION III.APPOINTMENTS A. The Mayor, subject to confirmation by the City Council, shall fill vacancies with individuals who meet the stated requirements listed in Section H. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx z CITY OF TIGARD TIGARD LIBRARY BOARD BYLAWS SECTION IV.TERM OF OFFICE A. Board members serve for a term of four years. Alternate positions serve for a term of two years. Terms commence on January 1 and end on December 31, four years or two years respectively, after commencement. B. Any vacancy in the Board shall be filled by appointment by the Council and Mayor for the unexpired portion of the term. Members serving as alternates will be given first consideration to fill a mid-term position. The unexpired portion of a term does not count towards the fulfillment of the maximum number of allowed terms. C. Members may be reappointed for up to two (2) consecutive terms, notwithstanding prior appointment to an unexpired term. After a one-year interval, a former member who had served two terms may be reappointed. D. Library Board members shall receive no compensation for their services. E. An individual board member may not act in an official capacity except through the action of the Board. F. A member who seeks to resign from the Board shall submit a written resignation to the chair of the Board, the staff liaison, or the city recorder's office. If possible, the resignation should allow for a thirty (30) day notice so the City Council can appoint a replacement. SECTION V.ORGANIZATION OF THE BOARD A. The officers shall be a Chair and a Vice Chair. At its annual meeting the Board shall elect the Chair and the Vice Chair from its members who shall hold office at the pleasure of the Board. These officers shall serve a term of one (1) year commencing at the annual meeting at which they are elected and ending upon election of their successors. • Chair. The Chair shall have general directional powers over the Board. The Chair shall preside at all Board meetings, appoint all committees, and generally perform all duties associated with that office. In consultation with support staff, the Chair shall set the agendas. The Chair shall also be an ex-officio member of all subcommittees and shall be the sole spokesperson for the Board unless this responsibility is delegated to support staff. • Vice Chair:In event of the absence or disability of the Chair, or a vacancy in that office, the Vice Chair shall assume and perform the duties and functions of the Chair. o In the absence of the Chair and Vice Chair from a Board meeting, the members shall select a temporary Chair for the meeting. B. If the Chair should resign,the Board shall,at its next meeting,conduct an election and provide a replacement to fill the unexpired term. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx z CITY OF TIGARD TIGARD LIBRARY BOARD BYLAWS C. Staff liaisons are the primary contacts for City of Tigard boards and the primary interface between these bodies and the City Council, City Manager, and departments. Besides serving as a technical resource,staff liaisons are responsible for meeting logistics,member recruitment and recognition, recordkeeping, and monitoring board effectiveness. SECTION VI.MEETINGS A. The regular meeting of the Board shall be held monthly at the Tigard Public Library, unless otherwise determined by the Board. If the regular meeting day is a holiday,the meeting will be held on an alternate date of the Board's choice. B. The Board shall meet at least six times a year at a time and place that is specified at least five (5) days in advance and shall be open to the public. C. The parliamentary authority for the Board is Roberts Rules of Order Revised, except where superseded by these bylaws or local, state,or federal law. D. Agendas shall be posted for public notice on the City of Tigard web page,in the lobby of City Hall and in the Tigard Public Library in compliance with Oregon Public Meetings Law. All meetings shall be open to the public. E. A majority of votes of Board members present shall determine the official position of the Board on a given issue. Alternates are not allowed to vote under any circumstances. F. Board members shall not send or receive electronic communications concerning any matter pending before the Board during a Board meeting. a. Electronic Communications means e-mail, text messages, or other forms of communication transmitted or received by technological means. b. Electronic Communications Devices means laptop computers, Blackberries, cell phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. G. Board members shall not use electronic communication devices to review or access information regarding matters not in consideration before the Board during a Board meeting. H. Special meetings may be called by the Chair,or secretary to the Board,or at the request of two members, provided that notice be given to all members and the public at least twenty-four (24) hours in advance of the special meeting. I. The annual meeting,which shall be for the purpose of the elections of officers, shall be held in conjunction with the first meeting of the new year. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx Z CITY OF TIGARD TIGARD LIBRARY BOARD BYLAWS SECTION VII.BOARD MEMBER RESPONSIBILITIES Members of the Board shall: • Regularly attend meetings and contribute constructively to discussions; • Consider and discuss issues from a Citywide perspective, as well as that of particular stakeholder or interests; • Strive to reach consensus on matters under consideration; • Act with respect and consideration for the viewpoint of others; • Members shall not make representations on behalf of the City of Tigard or Board whether intentional or not,without authorization. SECTION VIII.ATTENDANCE If a member is unable to attend a meeting, they are expected to notify the Chair or staff liaison (or secretary of the Board). If a member has missed more than three (3) unexcused scheduled meetings within one year, the issue shall be placed on the upcoming agenda, and upon majority vote of the Board members present that position shall be declared vacant. The Board shall forward its action to the Mayor and Council,who shall fill the vacant position. SECTION IX. QUORUM A. At any meeting of the Board, a quorum shall be a majority of the current members (excludes alternates) of the Board. No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum, members who have disqualified or excused themselves from participation in any matter shall be counted as present. B. In the event a quorum will not be present at any meeting, the Chair or Vice Chair shall notify the Board members in advance so that a decision may be made whether to meet and take no action on agenda items or to reschedule to a different time. SECTION X.REMOVAL OF MEMBERS A. The City Council may remove members of the Board in accordance with Section VIII: Attendance. B. The Council may also remove members when,in its judgment,the conduct of a member does not conform to the City of Tigard Code of Conduct for Boards, Commissions and Committees or based on other conduct unbecoming a representative of the City. C. The Board may make a recommendation to Council for the removal of a member in accordance with Section VII: Member Responsibilities. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx M CITY OF TIGARD TIGARD LIBRARY BOARD BYLAWS SECTION XI.ANNUAL REPORT OF THE BOARD A. The Tigard Public Library's Annual Report is considered to be the joint meeting, generally held in the spring,with Board members and Tigard City Council. B. The Annual Report shall include a summary of key activities and proceedings and any specific suggestions or recommendations which the Board believes would be noteworthy to the Council. C. The Annual Report shall not be submitted unless approved by the Board. SECTION XII.AMENDMENTS These Bylaws are adopted by resolution of the Tigard City Council, are binding on the Board, and may be amended by the City Council. The Bylaws may also be amended at any meeting of the Board with a quorum present, by unanimous vote of the members present, provided the amendment was stated in the call for a meeting. Such actions of the Board shall be forwarded to the City Council for final adoption. Tigard Library Bylaws—Approved by City Council 06/28/2022-Resolution 22-xx