SUTTONS BAY BINGHAM DISTRICT LIBRARY BYLAWS
Adopted September, 2023
ARTICLE I – Establishment and Purpose of Bylaws
Section 1. Establishment. The Suttons Bay Bingham District Library (“Library”) was established in accordance with 1989 PA 24, the District Library Establishment Act, (“DLEA”). The Suttons Bay Area District Library was established December 13, 1989. It was officially renamed the Suttons Bay Bingham District Library in 2006.
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 six (6) members (“Board Members”). Two (2) Board Members shall be appointed by each of the following: Bingham Township, Suttons Bay Township and the Village of Suttons Bay (“Participating Municipality”). Members shall serve terms of four (4) years. All terms begin on February 1 and Board Members shall take the oath of office before commencing their terms.
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.
Section 4. Attendance. Board Members have a fiduciary obligation to attend Library Board meetings. If a Board Member is absent from two (2) or more consecutive Board meetings without prior notice to the Board President or the Director, the remaining Board Members may vote to request that Board Member’s resignation.
Section 5. Compensation. Board Members shall serve without compensation. However, Board Members may be reimburse for expenses if such expenses are approved by the Board and the expenses are in the budget.
Section 6. Duty to Participate and Vote. Appointment to the Library Board is a privilege freely sought by the appointee. It carries with it the responsibility to participate in Library Board activities and represent the residents of the district. Attendance at Library Board meetings is critical to fulfilling this responsibility. A Board Member who cannot attend a meeting bears the responsibility of notifying the Board President and Library Director concerning this absence.
Appointment to a deliberative body carries with it the obligation to vote. Board Members present at a Board meeting shall vote on every matter before the body, unless otherwise excused or prohibited from voting by law. Conflict of interest, as defined by law, shall be the sole reason for a member to abstain from voting. The right to vote is limited to the Members of the Board present at the time the vote is taken. All votes must be held and determined in public; no secret ballots are permitted.
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. 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.
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 a term of one (1) year at the regular meeting in January and whose terms shall begin on February 1. Each officer shall serve until the appointment of a successor.
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 special meetings, and shall have 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 (“Library Fund”), 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 moneys 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 annual meeting. Within ten (10) days following the annual meeting, 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 first regular meeting of the calendar year, and shall be for the election of officers and such organizational matters as may be required. A notice shall be posted in a public place at the Library stating the date, time and purpose of this meeting.
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 notics 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 President or Secretary to all Board Members.
Section 5. Order of Agenda. The following items will constitute the agenda for regular meetings:
Call to order and roll call
Agenda Changes and Approval of Agenda
Secretary’s Report and Approval of Minutes
Treasurer’s Report and Approval of Bills
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. 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.
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. Ad hoc committees may include any nomination committees the Library deems necessary.
Standing Committees. Standing committees of the Library Board shall consist of less than a quorum of the Library Board. Committees shall convene on the call of its President or Library Director and, when ready or requested by the President, report their findings at a regular or special Library Board meeting.
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 in conjunction with the Budget and Finance Committee;
- 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 April meeting;
- The written annual report of the Library, including the financial statements, when they are made available; and
- Any other duty delegated by the Library Board.
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 a majority vote of all Board Members qualified and serving, provided the amendment was presented in writing at the previous regular meeting.