Bylaws: Board of Trustees of the Pitkin County Library
These bylaws are amended and reenacted in whole by the Pitkin County Library Board of Trustees, March 13, 2024.
Article I. Organization and Location
Section 1. Name.
The name of this Board shall be “The Board of Trustees of the Pitkin County Library” (the “Board”) and shall operate the Pitkin County Library (hereinafter referred to as the Library) in accordance with the Pitkin County Charter, Pitkin County ordinances and resolutions; the Colorado Library Law, sec. 24-90-101, C.R.S.; and all other applicable federal, state, and local laws.
The Pitkin County Library exists as a County Library as a result of an election held on November 5, 1940. The Library is a department of Pitkin County.
Section 2. Legal Service Area.
The Library shall provide services to all areas of Pitkin County except the legal service area of the Basalt Library District.
Section 3. Location of Offices.
The offices of the Board shall be at the Pitkin County Library building at 120 North Mill Street, Aspen, Colorado 81611.
ARTICLE II. Membership on the Board of Trustees
Section 1. Appointments.
Appointments to the Board shall be made by the Board of County Commissioners (BOCC). There shall be a minimum of five members and a maximum of seven members on the Board. Two alternates may be appointed at the discretion of the BOCC.
Section 2. Term.
Each Trustee shall be appointed for a four-year term. The terms shall be staggered so that continuity is preserved within the Board. Terms shall ordinarily expire on April 1. When a vacancy occurs prior to the termination of a term, the President shall request the BOCC to fill a vacancy for the remainder of an unexpired term as soon as possible. The Secretary shall keep a record of the commencement and termination date of each Trustee’s term of office.
Section 3. Qualifications.
Appointees to the Board shall be chosen from residents within the legal service area and shall reside in the area throughout their term.
Section 4. Trustees’ Commitment.
Trustees who accept appointment to the Board commit themselves to careful consideration of decisions relating to the Library, to regular attendance at meetings, to serving on committees necessary to the operation of the Library, and, when reasonable considering other responsibilities of each trustee, attending out-of-county meetings and seminars.
Section 5. Reappointment.
There shall be no fixed limit on the number of terms served by a Board member, but the BOCC shall assess the performance of the member prior to appointment for another term. A Trustee whose term is expiring must apply to the BOCC for reappointment.
Section 6. Removal of a Trustee.
A Trustee may be removed from the Board for good cause only by a vote of the BOCC after a recommendation concerning removal is made by the Board. The President may request the BOCC remove a trustee who has three unexcused absences during the calendar year. Good cause for removal shall also include a violation of the Standard of Conduct for Pitkin County Public Officials. The President or Vice President acting on behalf of the President shall have the duty and responsibility for excusing a Trustee for good cause from attending a meeting.
Any Trustee may notify the Board of County Commissioners, through the County Attorney, when actions of a Trustee that appear to be in violation of the Standard of Conduct are brought to his or her attention. The President shall advise the County Commissioners when there may be any other good cause for removal of a Trustee.
Section 7. Compensation, Travel, and Reimbursable Costs.
A Trustee shall not receive a salary or other compensation for services. A Trustee may be reimbursed for actual travel and subsistence expenses when traveling on library business at a rate equal to the rates established by the BOCC for other Citizen Boards. A Trustee may be reimbursed for other training and educational expenses, including membership in professional organizations and other expenses related to the operation of the Library.
Section 8. Library Employment.
A Trustee may not seek a paid position nor be an employee of the Pitkin County Library.
ARTICLE III. Meetings
Section 1. Regular Meetings.
Regular meetings shall be held on the second Wednesday of each month, January through December, beginning at noon, unless changed at a previous meeting. If it is a legal holiday, the meeting shall be held at noon on the following day. The annual meeting shall be held at the June regular meeting and shall not be commenced and continued later than the July meeting. All Board meetings shall be held within the Legal Service Area.
Section 2. Special Meetings.
Special meetings may be called at the request of a majority of the Trustees.
Section 3. Public Attendance at Meetings.
All meetings shall be open to the public, except for executive sessions as authorized in the Colorado Open Meetings Act, CRS § 24-6-402, et seq.
Section 4. Meeting Notice, Agenda, and Study Material.
The County Librarian shall furnish the Board members with minutes of the previous meetings and materials to be studied or acted upon, including an agenda and staff report prior to the conduct of each regular meeting.
The notice of the meeting shall be posted in a designated public place within the library service area no less than twenty-four hours prior to holding the meeting. Specific agenda information shall be included with the public meeting notice where possible. The public place or places for the posting of such notice shall be designated at the Board’s first regular meeting of each calendar year.
The agenda shall be prepared by the President and the County Librarian. Items of the agenda shall include but not be limited to roll call, public comment, librarian’s report, financial reports, committee reports, as well as old and new business, and disposition of minutes of the previous meeting and any intervening special meetings. The agenda shall be available to the public in writing in advance of the meeting.
Section 5. Quorum.
A quorum for the transaction of business at any meeting shall consist of a majority of the membership of the Board.
Section 6. Voting.
Voting shall either be by voice or roll call means. Any member appearing by electronic means shall vote by voice. Any action requiring a vote shall be decided by a simple majority of all members of the Board present at the time, except a recommendation forwarded to the BOCC shall be made by a majority of the entire membership of the Board. The President may vote upon and may move or second a proposal before the Board. Alternates will take turns serving as voting members for the duration of any meeting when a Trustee is absent. Minutes shall reflect which alternate served as a voting member during a meeting.
Section 7. Conduct of Meetings.
The rules contained in Robert’s Rules of Order shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these Bylaws or other County laws, rules, or regulations.
Section 8. Minutes.
Minutes of any meeting of the Board at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting in which an executive session is held shall reflect the topic of the discussion at the executive session. Executive sessions shall be held only upon the affirmative vote of two-thirds of the quorum present and shall be in accordance with Sec. 24-6-402(4), C.R.S.
ARTICLE IV. Officers and Their Duties
Section 1. Annual Meeting and Election of Officers.
The annual meeting shall be the regular meeting in June, at which officers shall be elected by a majority vote for the ensuing year. The officers shall begin their terms after the close of the annual meeting.
Section 2. Officers.
The Trustees shall elect from among themselves at the annual meeting a President, a Vice president, A Secretary, a Treasurer, and such other officers as are necessary. A Trustee may hold the two offices of Secretary and Treasurer.
Section 3. Nominations.
The President shall appoint a nominating committee consisting of at least three Board members other than the President. The Committee shall present a slate of one name for each office one month prior to the annual meeting. Other nominations may be made from the floor.
Section 4. Tenure.
Each officer shall serve for a term of twelve months or until the next annual meeting and may be re-elected.
Section 5. Duties of the President.
The President shall be the chief executive of the Board, shall conduct all meetings, and be responsible for bringing before the Board those matters that require attention. They shall participate in voting, appoint all committees, arrange for their reports to be presented to the Board, execute all documents authorized by the Board, and perform such other duties as the Board may request. The President shall excuse individual Trustees from attending a meeting for good cause and shall notify the BOCC when there may be good cause to remove a Trustee or when a Board vacancy exists. The President or designee shall sign all warrants to the County Finance Department for the expending of all monies from the public library fund.
Section 6. Duties of the Vice President.
The Vice-president shall assume the duties of the President at meetings in which the President is absent.
Section 7. Duties of the Secretary.
The Secretary shall keep and record complete and accurate minutes of each meeting of the Trustees, including members’ attendance, and shall direct the County Librarian to issue and post notices of all regular and special meetings and any other notice required by law. The Secretary shall keep a record of the commencement and termination date of each Trustee’s term of office. The Secretary, the President, or the County Librarian shall prepare such correspondence as the Board directs.
Section 8. Duties of the Treasurer.
The Treasurer shall examine the Library financial statements, report to the Board concerning these statements, and perform such duties that generally involve this office.
Section 9. Absence or Resignation of an Officer.
Should the office of President or Vice President become vacant, the Board shall appoint a successor at its next regular meeting. Such appointment shall be for the unexpired portion of the previous term. In the event of the absence or inability of an officer to act, the President shall appoint another Trustee to perform the duties of the office on a temporary basis. In the event of the resignation of an officer, the President shall call for a new election at the next regular meeting with nominations coming from the floor.
ARTICLE V. Powers and Duties of the Board of Trustees
Section 1. Library Law.
The Board shall have powers and duties as set forth in the Library Law, sec. 24-90-101, C.R.S. including but not limited to having exclusive control and spending authority over the disbursement of the library funds as appropriated by the BOCC and all other assets of the public library fund; except that these powers and duties may be delegated in part (if the Board retains the right to rescind the delegation) to the Pitkin County Manager or BOCC.
Section 2. Librarian and Staff.
The Board shall employ a County Librarian, and upon the librarian’s recommendation, employ such other persons as may be necessary, prescribe their duties, and fix their compensation; except that these powers and duties may be delegated in whole or in part (if the Board retains the right to rescind the delegation) to the Pitkin County Manager or the BOCC. The Board shall follow the Pitkin County Personnel Policies unless said policy is contrary to other sections of these Bylaws or the resolutions or rules of the Board.
Section 3. Board Committees.
The President shall appoint Trustee committees to carry out the work of the Board. A committee shall serve until its work is completed and a final report is given to the Board.
Section 4. Gifts.
The Board shall accept and acknowledge gifts on behalf of the Library that will benefit its users. This duty may be delegated to the County Librarian.
Section 5. Land.
The Board shall hold and acquire land by loan, gift, lease, or purchase for Library purposes, to be held in the name of the Board of Trustees of the Pitkin County Library.
Section 6. Buildings.
The Board shall receive by loan, gift, lease, or purchase, or shall erect any appropriate buildings for Library purposes and acquire such buildings as may be needed.
Section 7. Annual Report.
At the close of each calendar year, the Board shall make a report to the State Library in the required form.
ARTICLE VI. Duties of the County Librarian
Section 1. Position.
The Board shall employ a qualified librarian who shall be the chief administrative officer of the Library on behalf of the Board and under its review and direction. The librarian shall recommend to the Board the appointment of other employees and shall be held responsible for the proper direction and supervision of the staff, for the care and maintenance of library property, for an adequate and proper selection of books and other material in keeping with the stated policy of the Board, for the efficiency of library service to the public, and for its financial operation within the limitations of the budgeted appropriation. The Board’s authority to employ and supervise the County Librarian and library staff may be delegated in whole or in part to the BOCC or County Manager unless this delegation is contrary to these Bylaws, resolutions, or rules of the Board, and the Board retains the right to rescind this delegation.
Section 2. Miscellaneous and Emergency Expenditures.
The County Librarian may make miscellaneous unbudgeted expenditures in accordance with the rules of the County Finance Department.
Section 3. Finance.
The County Librarian shall approve all invoices for payment, if delegated with this authority by the Board President, and shall comply with the rules of the County Finance Department unless said rules are contrary to other sections of these Bylaws, resolutions, or rules of the Board.
Section 4. Personnel.
The County Librarian shall follow, and all Library employees shall be governed by the Pitkin County Personnel Policies and procedures in the County Personnel Manual unless these procedures are contrary to other sections of these Bylaws, resolutions, or rules of the Board.
Section 5. Budget Preparation.
The County Librarian shall prepare and furnish a draft of a complete budget together with an annual report of goals and accomplishments at the regular July Board meeting. A first reading of the proposed budget shall be made at the August meeting, with a second reading and approval at the September meeting.
ARTICLE VII. Library Policy Manual and Bylaws
Section 1. Library Policy Manual.
The Board of Trustees and County Librarian shall review the Library Policy Manual at least every two years.
Section 2. Revision of the Bylaws and Library Policy Manual.
A copy of the draft of any proposed change to these bylaws or policy manual shall be presented for discussion at a regular meeting of the Board. At the next regular meeting it shall be presented for a second reading and discussion and a vote. An affirmative vote of the majority of the Trustees present is required for passage.
A copy of the Bylaws and any amendments shall be filed with the BOCC.