Article I - Section 1. Function; Section 2. Authority
Article II - Section 1. Membership; Section 2. Terms of Members
Article III - Section 1. Officers; Section 2. Election of Officers and Term of Office
Article IV - Section 1. Duties of Officers--President of the Board; Section 2. Vice President of the Board; Section 3. Secretary/Treasurer of the Board; Section 4. Secretary to the Board
Article V - Section 1. Meetings of the Board; Section 2. Special Meeting of the Board of Trustees; Section 3. Quorum; Section 4. Attendance; Section 5. Committees of the Board; Section 6. Telephonic Meetings; Section 7. Parliamentary Procedure
Article VI - Section 1. Fiscal Year; Section 2. Indemnification
Article VII - Section 1. Library Director--Appointment; Section 2. Assistant Director; Section 3. Library Director--Duties
Article VIII - Section 1. Amendments
SERIES 000: Internal Policies
001. GENERAL POLICY STATEMENT AND DEFINITION
002. POLICY PROPOSALS AND ACTION
003. BOARD ACTS AS A BODY
004. CODE OF ETHICS
005. BOARD TO SET GOALS AND EVALUATE RESULTS
010. MEETINGS OF THE BOARD-OPEN/CLOSED
011. ANNOUNCING MEETINGS OF THE BOARD AND COMMITTEES
012. AGENDA PREPARATION AND ADVANCED DISTRIBUTION
013. ACTION LIMITED TO OFFICIAL BOARD MEETINGS
014. PUBLIC HEARINGS AND COMMUNICATIONS
015. ACCESS TO PUBLIC RECORDS
020. BOARD/ADMINISTRATION DIVISION OF LABOR
021. BOARD MEMBER REQUEST FOR INFORMATION
022. LEGAL COUNSEL
030. BOARD MEMBERSHIP LIBRARY ASSOCIATIONS
031. TRAVEL BY MEMBERS OF THE BOARD
032. BOARD TRAVEL EXPENSES--PAYMENT
033. BUSINESS RELATED GRATUITIES
034. POLICY ON SUSPECTED FRAUD, DISHONESTY AND WHISTLE-BLOWER PROTECTION
Section 1. Function
The Board of Trustees of the Kansas City Public Library District (an Urban Public Library District organized under Sections 182.701-182.723 RSMo) shall function to provide a public library program the mission of which shall be to serve as a reliable community resource and a center for intellectual freedom serving primarily the residents of the Kansas City Public Library District and secondarily the residents of the metropolitan area by acquiring, organizing and disseminating books, non-print materials and services that help educate, enrich, entertain and inform.
Section 2. Authority
The Authority of the Board of Trustees shall be as prescribed in Section 182.705 RSMo.
Section 1. Membership
The Kansas City Public Library Board of Trustees shall be composed of nine members. The initial Board shall be appointed as prescribed by statute, and thereafter seven members shall be appointed by the Mayor of Kansas City, one by the Mayor of Independence, and one by the Mayor of Sugar Creek.
Section 2. Terms of Members
The terms of the initial appointees of the Board of Trustees shall be as prescribed by law (two for two years, three for three years and four for four years as determined by a draw of lots). Thereafter, terms of appointees shall be four years, commencing the first day of January of any year.
Section 1. Officers
The officers of the Board of Trustees of the Kansas City Public Library shall be: President, Vice-President and Secretary/Treasurer
Section 2. Election of Officers and Term of Office
The officers so designated shall be elected annually at the regular January meeting of the Board, or as soon thereafter as the Board shall otherwise provide, and upon being so duly elected shall hold office for a term of one (1) year or until their successor be elected. If any officer resigns or becomes incapacitated so as to be unable to serve and perform the duties of his/her office, the Board shall at its next regular meeting elect a successor from other members of the Board to serve for the unexpired term of office.
Section 1. Duties of Officers--President of the Board
The President shall preside at all Board meetings; sign on behalf of the district all authorized contracts requiring Board signature; sign on behalf of the district all authorized checks for disbursement of funds of the Kansas City Public Library; and appoint committees of the Board as deemed necessary and authorized.
Section 2. Vice President of the Board
The Vice President of the Board shall perform all of the duties of the President of the Board in the absence of the President, and such other duties as may be directed and authorized by the Board.
Section 3. Secretary/Treasurer of the Board
The Secretary/Treasurer shall keep a true and accurate account of the proceedings of the Board, shall have custody of all Board records, shall conduct all Board correspondence and shall countersign with the president all checks for the disbursement of funds of the Kansas City Public Library District. The Secretary/Treasurer shall, when duly authorized, attest the signature of the President to contracts and documents.
Section 4. Secretary to the Board
The Library Director and his/her designees shall assist the Secretary/Treasurer and other officers in the conduct of their duties and shall maintain all proceedings and records on behalf of the Board and its officers.
Section 1. Meetings of the Board
Regular meetings of the Board of Trustees shall be held monthly; dates, hour and place to be determined by the Board.
Section 2. Special Meeting of the Board of Trustees
Special meetings of the Board of Trustees may be called at any time by the President of the Board with due notice. A special meeting of the Board will be held when requested, in writing, by at least five members.
Section 3. Quorum
A majority of the full Board of Trustees shall constitute a quorum. The affirmative vote of a majority of the full Board of Trustees shall be required to enter into any contract, employ or dismiss the chief administrative officer of the District, affect a merger or consolidation, or approve a budget.
Section 4. Attendance
Whenever any member of the Board shall fail to attend four consecutive Board meetings, or six meetings within a calendar year, then the Board will recommend to the appointing authority of the specific jurisdiction represented by the trustee that the trustee be removed from the Board and request that a replacement be made.
Section 5. Committees of the Board
The President may appoint such committees as deemed necessary by the Board to conduct business and satisfy the representatives of the Board. Committees of the Board shall be subject to the direction of the Board and its constituted officers, and shall have no power to act independently unless for a specifically authorized purpose or function.
Section 6. Telephonic Meetings
One or more Board members may participate in a meeting of the Board of trustees, or of a committee of the Board, by means of a conference telephone or similar communications equipment provided that all persons participating in the meeting can hear and speak to each other. All members so participating by means of conference telephone or similar communications equipment shall be deemed present at the meeting.
Section 7. Parliamentary Procedure
Roberts Rules of Order, latest revised edition, when not in conflict with these by-laws, shall govern the conduct of business of the Board.
Section 1. Fiscal Year
The fiscal year of the Kansas City Public Library District shall be July 1 through June 30.
Section 2. Indemnification
The Officers of the Board of Trustees of the Kansas City Public Library District, the Library Director, the Assistant Director, and the Board of Trustees shall be indemnified to the maximum extent permitted by law. Employees or agents of the Kansas City Public Library District may be indemnified to the maximum extent permitted by law upon a majority vote of the Board of Trustees. Expenses incurred by an indemnified person in defending a civil or criminal action, suit or proceeding shall be paid by the Kansas City Public Library District in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of such indemnified person to repay such amount if it is ultimately determined that the indemnified person is not entitled to be indemnified under Missouri Law. The foregoing right of indemnification and advancement of expenses shall in no way be exclusive of any other rights of indemnification or advancement of expenses to which any such person may be entitled by agreement or otherwise.
Section 1. Library Director--Appointment
The Board of Trustees shall appoint a Library Director to serve at the pleasure of the Board, and shall fix the compensation.
Section 2. Assistant Director
The Board of Trustees, upon recommendation of the Library Director, may appoint an assistant director to serve at the pleasure of the Board, and shall fix the compensation.
Section 3. Library Director--Duties
The Library Director shall carry forward the policies, goals and objectives adopted by the Board.
The Director shall direct and supervise all library staff members in the performance of their duties and shall be authorized to employ, in the name of the Board of Trustees, all staff and employees of the Library and to discharge same subject to the right of any staff member or employee to request and receive a hearing as to their discharge.
The Library Director shall submit to the Board of Trustees recommendations for such policies and procedures that, in the director's opinion, will promote the efficiency of the Library in its service to the residents of the District.
The Library Director shall prepare and submit in final form a proposed operating budget for a public hearing to be held pursuant to Chapter 67.110 RSMo, and then present it at the regular June Board meeting for adoption. This budget shall reflect the anticipated income and expenditures for the coming year. The budget will be examined for any needed adjustments. This budget shall always be made available upon request for public examination. A copy of the approved budget shall be filed with each municipal office and with the State Auditor.
In addition, the Library Director shall submit a monthly report to the Board at its regular meeting containing a statement of the conditions or the condition of the budget, together with the statement of all monies received and disbursements made or sought to be authorized, and report on the operation and progress of the Library.
The Library Director shall present to the Board of Trustees at its regular August meeting (or as soon thereafter as possible) an annual report of the Kansas City Public Library and an audit by a CPA or an independent auditing firm which, when approved by the Board, shall be submitted to the respective municipal bodies and to the Missouri State Library on or before the 30th day of September. This annual report and audit shall always be made available to the public upon request. A copy of the Library District audit shall be filed with the Municipal Administrative offices.
Section 1. Amendments
These by-laws may be amended by a vote of a majority of the Board of Trustees in any regular or specially called meeting at which a quorum is present providing that the proposed amendment has been presented at the regular monthly meeting of the Board held at least one month prior to the meeting at which such amendment is presented for adoption. Copies of such amendment shall be furnished to all Board members, and if such Board members are absent from such previous meetings, such copies shall be mailed to such absent members.
Adopted: November 29, 1988; Amended: January 17, 1989; Amended: September 19, 1995; Amended: January 16, 1997; Amended: January 20, 1998; Amended: December 15, 1998; Amended: April 15, 2003
The policymaking, or legislative function, of the Library District is specifically rested in the Board of Trustees of the Library District by the laws of the State of Missouri. The Board believes that a statement of policy positions about its own operations as included in this series is needed for the following reasons:
As used in the foregoing by-laws and the following policy and procedure statements, terms shall be defined as follows:
Board Policy 001 (Adopted 6-89)
In establishing Library Board policy the Board shall consider proposals from its members, from any Board committee, from the Library Administration or employees, or the general public. No policy proposal shall be considered before the Board and/or as having potential policy status until it has been submitted to the Board as an agenda item at a regular meeting of the Board and approved by a favorable vote of a majority of a quorum for placement on the policy calendar.
After a proposal has been on the policy calendar a minimum of ten (10) days, the proposal may be brought before the Board at any regular meeting by a majority vote of a quorum. A proposal may be amended or returned to the policy calendar by a majority vote of a quorum. Any material change in a proposal, by amendment or otherwise, shall cause the proposal to be returned to the policy calendar for a minimum of ten (10) days. A majority vote of the whole Board shall be required for approval of a policy proposal.
Board Policy 002 (Adopted 6-89)
The Library Board shall have authority only when acting as a Board legally in session. Board members have no legal authority as individuals and can exercise authority only as members of the total Board at official Board meetings. The Board shall not be bound in any way by any statement or action by an individual member except when such statement or action is in pursuance of specific instruction of the Board.
No Board member, by virtue of his office, shall exercise any administrative responsibility with respect to the Library or as an individual command the services of any Library District employee.
Board Policy 003 (Adopted 6-89)
The Library Board of Trustees and the employees of the Library District shall adhere to the following Code of Ethics:
b. Financial disclosure reports giving the financial information required in Section 3 shall be filed with the Library District and with the Secretary of State prior to January 1, 1993. After January 1, 1993, reports shall be filed with the Library District and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
Board Policy 004 (Adopted 8-91)
The Board shall discharge its responsibility for program direction mainly through the adoption of goals and objectives by which the priorities of the Board will be expressed. The Library Administration shall be responsible for submitting to the Board on an annual basis a summary of objectives, tasks and activities which shall further the accomplishment of the goals set by the Board. The Board shall largely discharge its responsibility for the effectiveness of the Library by examining regularly in detail, reports that compare the results being achieved with goals adopted by the Board.
Board Policy 005 (Adopted 6-9)
All meetings, records, votes, actions, and deliberations of the Board of Trustees of the Kansas City Public Library District shall be open to the public unless otherwise provided by law. The Library District shall comply with Sections 610.010 to 610.030, RSMo (the Sunshine Law) as now existing or hereafter amended.
Board Policy 010 (Adopted 6-89/Amended 9-91)
Members of the Board and the general public shall be given notice of the time, place, date of each meeting of the Board, committees of the Board, and committees of non-Board members appointed by the Board, at least twenty-four hours in advance. As a minimum, such notice shall include posting on bulletin boards easily accessible to the public at the Main Library and the branch libraries. The notice shall contain a tentative agenda to be considered at the meeting. A copy of the notice and tentative agenda shall be available to any representative of the news media or general public upon request, and to representatives of the news media who have requested to receive all notices of the meetings of the Board or its committees.
In case it is necessary to hold a meeting without having given the minimum twenty-four hour prior notice as specified above, members of the Board may be notified by telephone and the good cause justifying the failure to give the notice shall be noted and stated in the minutes of the meeting.
Board Policy 011 (Leg. Ref.: 610.020 RSMo/Adopted 6-89)
The agenda for each regular meeting of the Library Board shall be prepared in advance by the Library Director. A copy shall be sent to each member of the Board and others as determined by the Board at least four days preceding the regular meeting.
The agenda for each special meeting of the Board shall be distributed, as the Board may determine, a sufficient time in advance to enable members to prepare for the meeting. Walk-in items shall be discouraged and shall not be added to the agenda without approval from a majority of the members present.
The minutes of the previous meeting(s), copies of committee reports, information items, and reference items which may be needed for clarification or examination shall be sent to each member of the Board as part of the agenda packet.
Board Policy 012 (Adopted 6-89)
All actions of the Library Board of Trustee shall be taken in official meetings called, scheduled and conducted according to the laws of the State of Missouri and in keeping with the Board's by-laws and with policies adopted from time to time by the Board.
Board Policy 013 (Adopted 6-9)
Any person or delegation desiring to make a presentation to the Board may be placed on the agenda for a regular meeting by making a request to the Board (through the Board President or Library Director) not less than four days before the meeting date and stating his/her name and address. Bring a summary (verbal or written) of the presentation. A presentation not on the agenda may be heard only with the unanimous consent of all Board members present.
Requests to make presentations to the Board will be accepted and listed in the order they are filed with the Library Director in preparing the agenda, except that priority will be given to presentations on:
When the time allotted for hearings for a given meeting is filled or consumed, additional items will be listed for hearing at the next regular meeting.
A person listed on the agenda will be recognized by the President of the Board at the proper time during the meeting. Presentations are generally limited to three minutes, except that the Board may occasionally vote to extend the time at the current meeting; or at its option, the Board may vote to continue the subject at the next regular or special meeting. If there are numerous requests to address the Board on the same subject, the President may select representatives to speak on each side of the issue and place a limit on the total time for the presentation. Items not heard at one meeting shall be rescheduled for the next. The Board may overrule a decision of the President on the above matters by a majority vote of those present.
In the interest of orderly conduct of Board meetings, spontaneous discussion is discouraged. However, the Board by unanimous vote or assent may agree to hear any delegation or individual at any time, not withstanding the above stated requirement for an advance request.
The Board may ask questions during or after a presentation but generally will not attempt to give definitive answers to matters presented in a public hearing. Instead, such matters generally will be referred to the Library Director for study and recommendation. It is in the interest of the Board that the individual or group making a presentation to the Board shall have a prompt reply from the Library Director.
This policy is adopted in order that the Board may carry out the necessary business of the Library District and yet encourage public participation. The intent is:
Board Policy 014 (Adopted 6-89)
Pursuant to the By-Laws of the Board of Trustees of the Kansas City Public Library District (Ref: Article IV, Section 4), the Library Director and his/her designees shall maintain all proceedings and records on behalf of the Board, its officers, and the Library District and is located at the Administrative Offices of the Kansas City Public Library (5th Floor, Business Office), 311 East 12th Street, Kansas City, Missouri.
The Library Director and his/her designees shall respond to all requests for access to or copies of a public record within the time period provided by statute except in those circumstances authorized by statute. Fees to be charged for access to or furnishing copies of records shall be on the same schedule as those charged to customers requesting information or documents from the Library collection and shall not exceed the actual cost of document search and duplication in compliance with Sections 610.010 to 610.030 RSMo (the Sunshine Law) as now existing or hereafter amended.
Board Policy 015 (Adopted 9-91)
The Library Board determines policy, delegates executive and supervisory authority and responsibility to the Library Director, and appraises the results achieved by reference to the goals it has adopted for Library District operation. The Board shall concern itself primarily with broad questions of policy and with appraisal of results, rather than with administrative details. The application of policy is an administrative task to be performed by the Library Director.
Board Policy 020 (Adopted 6-89)
A substantial amount of information of a current nature is needed from time to time by members of the Board in a satisfactory discharge of their duties. Such information may be in addition to the information provided to the Board in regular reports.
As a general rule Board members will request such additional information from the Library Director at a regular Board meeting. The request shall include a time schedule and permit the Library Director to respond at the next regular meeting except when the need is of an immediate nature. In such instances, it shall be the responsibility of the Library Director to respond promptly and to keep the Board member making the request informed as to the progress of the preparation of the information.
All Board members shall receive a copy of information so requested by and provided to individual members.
Board Policy 021 (Adopted 6-89)
The Board may employ legal counsel to supply such legal assistance as may be required by the District as a corporate body. Generally, legal counsel shall work through the Library Director. Requests for a legal opinion or a legal review of a particular matter shall be channeled through the Library Director with the results of such opinion or review shared with all Board members.
Individual Board members shall have no authority to confer or seek a legal opinion directly from the Library's legal counsel, except when so authorized by action of the full Board. In the event that such legal advice is sought on behalf of the Board, the Library Director shall be informed of the request and receive a copy of any written response from legal counsel, except when the issue relates to employment of the Library Director or any matter in which the Board and the Library Director may be in adversarial roles.
The Library District shall not commence litigation as plaintiff without Board action and, except as required to protect Library District interest pending Board action, legal counsel shall not participate in litigation in defense of the District without Board approval. Legal counsel shall provide general services at the request of the Library Director, it being the responsibility of the Library Director to develop procedures which will assure adequate legal advice for himself and his subordinates, but avoid calling upon attorneys for matters which do not require their assistance.
Board Policy 022 (Adopted 6-89)
The Library Board may hold membership in local, state, regional and national library associations and shall look upon such memberships as an opportunity for growth in board service.
Board Policy 030 (Adopted 6-89)
The Library Board will approve travel of members for purposes stated below and provide reimbursement for expenses in accordance with procedures adopted from time to time.
Board Policy 031 (Adopted 6 89/Rev. 12-90)
Library Board policy for Board member reimbursement for travel is as follows:
Board Policy 032 (Adopted 6-89/Rev. 12-90)
No member of the Board or any employee of the Library District will accept gifts from any person, group or entity doing, or desiring to do business with the Library District. Business-related gratuities are specifically prohibited except widely distributed items of nominal value.
Board Policy 033 (Adopted 6-89)
Any person who knows of or has a suspicion about possible fraudulent or dishonest use or misuse of Library property by any director, trustee, officer or employee of the Library, should contact the Human Resources Director. If the alleged wrongdoing concerns the Human Resources Director, then the Chief Executive/Director of the Library or the President or other officer of the Library should be notified instead.
If the Human Resources Director, Chief Executive/Director, President or other officer of the Library receives information about fraud or dishonesty, they shall promptly inform the Board of Trustees Finance and Audit Committee, which shall determine the procedure for investigating all credible allegations. The Finance and Audit Committee shall retain as a part of the records of the Committee information regarding any such complaints or concerns for a period of at least seven years.
Reports of concerns or complaints, and the investigation pertaining thereto, shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Disclosure of reports of concerns or complaints to individuals not involved in the investigation will be viewed as a serious disciplinary offense and may result in disciplinary action.
There will be no punishment or other retaliation for the reporting of conduct under this policy. Any Director, Trustee, officer, agent, or employee of the Library who knowingly takes any retaliatory actions against a reporting individual for reporting suspected fraud or dishonesty is subject to disciplinary action at the discretion of the Board of Trustees and may be in violation of law.
If the person reporting the information under this policy requests anonymity, this request will be respected to the extent that doing so does not impede any investigation.
Board Policy 034 (Adopted 11-11)