BEING A BY-LAW TO ESTABLISH THE COLLINGWOOD PUBLIC LIBRARY BOARD FOR THE CORPORATION OF THE TOWN OF COLLINGWOOD
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WHEREAS Section 3 of the Public Libraries Act, R.S.O. 1990, c.P.44 provides that the Council of a municipality may, by by-law, establish a public library;
AND WHEREAS the Council of the Town of Collingwood enacted and passed By-law No. 04-24, being a by-law to re-establish a public library under Part I of the Public Libraries Act, R.S.O. 1990, c.P.44 for the Corporation of the Town of Collingwood;
AND WHEREAS on December 15, 2014 Council of the Town of Collingwood enacted and passed By-law No. 2014-090, a by-law to govern the proceedings of Council, Standing Committees, and Other Committees and Boards of Council;
AND WHEREAS the Council of the Town of Collingwood enacted and passed By-law No. 04-24, being a by-law that established the Public Library Board and deems it expedient to repeal the by-law and establish the Board based on the Council approved recommendations;
NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS:
In this By-law:
“Act” means the Public Libraries Act, R.S.O. 1990, c.P.44 and any amendments and regulation thereto;
“Board” means the Collingwood Public Libraries Board;
“Council” means the Council of the Town of Collingwood;
“Collingwood” means the Corporation of the Town of Collingwood;
“CEO” means the Chief Executive Office for the Collingwood Public Library;
“Town” means the Town of Collingwood.
2. ESTABLISHMENT, AUTHORITY AND PURPOSE
2.1 The Council of the Corporation of the Town of Collingwood hereby re-establishes a Board to be known as the “Collingwood Public Libraries Board” under the authority of the Public Libraries Act, R.S.O. 1990, c.P.44
2.2 The Board shall adhere to all powers and duties prescribed in the Act.
2.3 The Board shall employ a Librarian and Chief Executive Officer who shall have general supervision over and direction of the operations of the public library and its staff; shall attend all board meetings and shall have other powers and duties that the Board assigns to him or her from time to time.
2.4 Council shall, in each year, appropriate and pay to the Board, the amount of the estimates of the Board that is approved by the Council for the establishment, operations and maintenance of a comprehensive and efficient public library service that reflects the municipality’s unique needs.
2.5 The Board has exclusive control of the disbursement of the finances of the Library.
2.6 The property and the income, revenues, issues and profits of all property of the Library Board shall be applied solely to the establishment, operation and maintenance of a public library service.
3. TERMS OF REFERENCE/MANDATE
3.1 The Board shall establish a Terms of Reference within the first six (6) months of the re-establishment of the Board. Once established, the Terms of Reference shall be appended hereto, and referenced as Schedule “A” of this By-law.
3.2 The Terms of Reference contained in Schedule “A” shall be reviewed every four (4) years, within the first year of the term of the succeeding Council, or more frequently as required. Council can initiate the review of the Terms of Reference at their discretion.
4. BOARD COMPOSITION
4.1 The composition of the Board shall be as described in sections 4.2 and 4.3.
4.2 Voting members shall consist of:
Seven (7) members in total, consisting of citizen members and no more than two (2) Council member appointees.
4.3 Non-voting members shall not be included to establish quorum, and shall consist of:
CEO, or designate
Secretary, appointed by the Board
Treasurer, appointed by the Board
4.4 Appointment Process
The citizen appointments will occur in accordance with the corporate policy known as “Recruitment and Selection – Committee/Local Committee Appointments”.
4.5 Key Qualifications & Eligibility Requirements of Citizen Members include:
eligibility requirements as prescribed in the Act;
should represent a following skill sets and/or interest areas: literacy, lifelong learning, value added service, technology, policy, planning, and advocacy;
concern and pride for the community and conviction that the Public Library is uniquely important to the life of the community;
demonstrated leadership (mandatory for chair); and
good communication skills, demonstrate initiative, and positive attitude.
5. MEETING PROCEDURES
5.1 Meetings shall be conducted in accordance with the Act and current enacted Procedural By-law of the Town of Collingwood governing the proceedings of Other Committees and Boards, except as modified herein.
5.2 The Board shall elect a Chairperson and Vice-Chairperson from amongst its voting members to serve a term in accordance with the Act.
5.3 A board member shall hold office for a term concurrent with the term of the appointing council, or until a successor is appointed, and may be reappointed for one or more further terms.
5.4 Meetings of the Board shall hold regular meetings once a month for at least ten (10) months each year and at such other times as it considers necessary.
6.1 A quorum shall consist of a simple majority of the voting members of the Board.
6.2 Non-voting members are not considered when establishing quorum.
7.1 Members that are unable to attend shall notify the secretary and/or staff liaison to report their absence, prior to the meeting date and/or time.
7.2 If a member is absent for three (3) consecutive regular meetings the Board may recommend to Council to have the member removed from the Board. Council shall have the final decision.
7.3 If a member of the Board resigns, the Board shall report the resignation to the Clerk as soon as practical to initiate the recruitment process to fill the vacancy.
8.1 No remuneration shall be made to members of the Board for their participation, unless otherwise directed by Council.
8.2 Reasonable expenses as approved by the Board may be compensated to members.
9.1 The Board shall report directly to Council.
9.2 All minutes and reports of the Board shall be submitted to Council.
10. ESTABLISHING SUB-COMMITTEES
10.1 The Board may at its sole discretion appoint sub-committee(s) on an ad hoc basis to deal with specific issues relating to its core mandate. Appointments to any sub-committee shall be only for the duration of the sub-committee’s assignment. Reports of sub-committee(s) shall be forwarded to Council upon request.
10.2 The Board shall have the ability to second people from the community for the purpose of establishing advisory committees and task forces for specific issues or events, as necessary, which would provide meaningful assistance but which would dissolve upon completion of the task.
11. ESTABLISHED MUNICIPAL POLICIES, RULES AND PROCEDURES
11.1 The Board shall abide by all municipal rules, policies, or procedures unless otherwise authorized.
11.2 The Public Libraries Act, Municipal Act and Municipal Conflict of Interest Act shall bind all Board members as it relates to disclosure of any direct, indirect or deemed pecuniary interest, closed meetings procedures, and any other requirements under the Acts, which pertain to the conduct of the member.
11.3 All records, documents, correspondence pertaining to the activity of the Board are considered to be records of the institution, and are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.
11.4 The records of the Board shall be retained and preserved in accordance with the provisions of the Town of Collingwood Records Retention By-law.
11.5 In the event of a conflict between any provision of this By-law and any provision of the Public Libraries Act, 1990, the provision of the Act prevails.
12.1 Board members will be required to sign a confidentiality declaration at the beginning of their term.
12.2 Board members may cease to be a member of the Board if they breach confidentiality. The Board will make a recommendation to Council to remove the member. Items that are to be considered confidential will be so noted.
12.3 Members of the Board are further governed by the Municipal Freedom of Information and Protection of Privacy Act.
13.1 In carrying out the provisions of this By-law, the Board shall at all times be the agent of the Municipal Corporation and while acting bona fide within the limits of the authority of this by-law neither the Board nor any member thereof shall incur any liability by reason of anything done or left undone by the Board; provided however, that nothing in this section contained shall authorize or empower the Board to incur any debt, liability, or obligation for which the Municipal Corporation shall become liable without having previously obtained the consent of Council of the Town of Collingwood.
14.1 THAT By-law No. 04-24, as amended be hereby repealed.
14.2 THAT this By-law shall come into full force and effect on the date of final passage hereof at which time all By-laws and/or resolutions that are inconsistent with the provisions of this By-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this By-law.
ENACTED AND PASSED this 5th day of January, 2015.