Library Board
Regular MeetingFremont, NE · January 23, 2020
Minutes
January 23, 2020
Board President Larry Jirsak called the meeting to order at 5:00 p.m. in the library auditorium.
Roll Call
The following board members were present: Larry Jirsak, Earl Underwood, Tom Adamson and Shari Kment.
Mandy Ostdiek was absent. Also present was Library Director Tina Walker, and Senior Office Associate Tracy
Parr. Tracy will be recording the meeting minutes.
Notice of Meeting and Agenda
The meeting was preceded by publicized notice in the Fremont Tribune and the agenda is posted in the
Administration Office at Keene Memorial Library, 1030 North Broad Street and online at
www.fremontne.gov/library and distributed. A copy of the open meetings law is posted continually for public
inspection and is located near the entrance of the library conference room and library auditorium.
Agenda
Motion to adopt current agenda for January 23, 2020 regular meeting. Board Member Underwood moved,
seconded by Board Member Kment to adopt the agenda for January 23, 2020 Library Board Meeting. Ayes: Jirsak,
Kment, Underwood, Adamson. Motion carried.
Motion to amend the agenda and move 7d to #5 and 6d to #6 in the agenda for the January 23, 2020 regular
meeting. Board Member Kment moved, seconded by Board Member Underwood to move the order of the agenda
for January 23, 2020 Library Board Meeting. Ayes: Jirsak, Kment, Underwood, Adamson. Motion carried.
Reading of Minutes
Board Member Underwood moved to dispense with and approve the October 2, 2019 minutes, seconded by Board
Member Adamson. Ayes: Jirsak, Kment, Underwood & Adamson. Motion carried.
Reports
No reports available.
Executive Session
Board Member Underwood moved, seconded by Board Member Adamson to go into executive session to discuss
personnel issues, for the prevention of needless injury to reputation and is for the protection of individual
employees. Board President Jirsak invited the Library Board, Director Tina Walker and the Director of HR
Jennifer McDuffee. HR Director McDuffee requested that the City Attorney (CA) Molly Miller also be invited.
Board President Jirsak advised that wasn’t what CA Miller & he discussed & agreed to, but that he would allow
her to attend at this time. Ayes: Jirsak, Kment, Underwood & Adamson. Motion carried. Library Board, Director
Walker, HR Director McDuffee & CA Miller moved into executive session at 5:07 pm.
Board Member Kment moved, seconded by Board Member Underwood to return from executive session at 6:02
pm. Ayes: Jirsak, Kment, Underwood & Adamson. Motion carried.
Unfinished Business
1. Discussion & recommendation for City Council proposed edits to Article 7 of City Code.
a. A lengthy discussion was held in regard to 4 items presented to the board: 1) Council staff
reports/Documents from 12/10/2019 meeting including the CA’s version of Ordinance 5518 and
Council Member Yerger’s version of Article 7 rewrites, 2) Council Bylaw Changes Document
from 11/13/2012 meeting – newest Library Board Bylaws approved by council, and 3) Library
Board draft edits to Article 7 from early 2019
b. First item discussed was Ordinance 5518 written by City Attorney Tim Buckley. Board Member
Underwood asked if a city attorney had the authority to present an ordinance at city council. CA
Molly Miller stated “the attorney did the research and drafted the ordinance as is the attorney’s job
to draft ordinances”. Board Member Underwood also requested the city attorney to review the
authority of the Library Board in regard to funding for the library. Does the Library Board have
the authority to decide how funds are to be used? Is there a library fund separate from the General
fund as indicated in this document? CA Molly Miller stated the city attorney’s position is that the
Library Board currently is advisory only and has no authority over hiring and firing.
c. Next discussion was held on Council Member Yerger’s version of the Article 7 rewrite. CA Molly
Miller identified the section in this document regarding personnel issues is incorrect due to due
process and state and federal laws. Board Member Underwood made a motion to pass pages 46-
48. Failed due to lack of second. Discussion was held on what additional duties this rewrite
version would give to the Library Board. CA Miller indicated that this new version doesn’t limit
hiring and firing to just the Director, but to all library staff. Assistant City Administrator (ACA)
Shane Wimer stated “that’s a lot to take on. If you want all that power and responsibility, I think
that’s important for the council would know that. Or if you say, no we don’t want that authority,
we don’t want to deal with all that, we want to be advisory”. Both ACA Wimer and CA Molly
Miller advised the board, if they go with more authority, they will be taking on not only all the
hiring and firing and all HR duties, but also all the financial responsibilities. ACA Wimer stated
“The way I see this is you are going to take on all responsibilities, you will be the hiring and firing
board and HR won’t have anything to do with it. If you make a hire, HR is left out of that process.
If you do the firing, HR is left out of that process. The city will basically write you a check and
whatever that number is, $1.2 million or whatever, that number is, that responsibility goes to you,
to basically run the library, off that money and that authority is completely up to you. Board
Member Kment asked Board President Jirsak how this has worked in the past before 2012 and he
said it wasn’t much different than it was now. Director Walker stated she disagreed with this
description and that the funds would have to remain with the city by state statute. She also
referenced the 2012 Library Board by-law’s approved by council giving the hire/fire authorization
to the library director, which was written & approved as a result of the 2012 changes.
d. Discussion continued on how the library budget is set. Director Walker advised the board that a
big portion of what Council Member Yerger’s section is to give (the Library Board) back the
authority over the Director. This section would change how many people, people report to and
they would be involved in the evaluation process which they are not now. Board President Jirsak
asked if the board would be able to seek advice from HR and City admin if they have a problem.
Director Walker advised that the board is appointed by the Mayor so that should be available to
them. ACA Wimer replied, “not necessarily”. Board Member Adamson asked how does the
current issue with the IT person get resolved? Director Walker advised that topic was not on the
agenda so should refrain from discussion. Board Member Adamson said he strongly recommends
the position be filled. Board Member Underwood made a motion to send to council, the edits the
Library Board made to Article 7, seconded by Board Member Kment. Ayes: Jirsak, Kment,
Underwood & Adamson. Motion carried.
e. Board Member Underwood made a motion that the item coming before City Council, 5518 not be
approved. Seconded by Board Member Adamson. Vote failed with board members Jirsak, Kment
& Adamson abstaining and Board Member Underwood aye. Discussion continued on this item
that the board wants City Council to know they abstained because they don’t want this item to pass
but they don’t have enough information on this item and have been confused.
f. Board Member Kment made a motion to recommend to City Council to continue this item to allow
for the council and board to meet. Seconded by Board Member Adamson. Ayes: Jirsak, Kment,
Underwood & Adamson. Motion carried.
g. Board Member Adamson made a motion to amend above motion to add “Article 7” in reference to
Council Member Yerger’s document. Seconded by Board Member Kment. Ayes: Jirsak, Kment,
Underwood & Adamson. Motion carried.
2. Director Walker advised the board that current copies of the Library Board Manual from the Nebraska
Library Commission are available on Tracy’s desk if they need a copy.
3. Director Walker advised that the new Policy Handbook is under review and some items have been updated
so it needs legal review before going to council.
4. Director Walker presented Board President Jirsak with the NLC Certification certificate good until
12/2022. The board met the requirements for educational credits in 12/2019.
New Business
1. Director Walker advised the board that Board Member Mandy Ostdiek submitted her resignation in
November. The Library Board voted to accept the resignation of Mandy Ostdiek from the Library Board.
Ayes: Jirsak, Kment, Underwood & Adamson. Motion carried. Director Walker advised the Board that
Susan Allen has asked for quite some time to serve on the board and she asked the board to recommend
Susan Allen to the Mayor for appointment on the Library Board. Molly Miller, CA, advised that the item is
not on the agenda for January 28, 2020 as the mayor has a pool of people to speak to before appointment.
A vote was taken to recommend Susan Allen to the Mayor for appointment to the Library Board. Ayes:
Jirsak, Kment, Underwood & Adamson. Motion carried.
2. Director Walker advised that she was informed before the meeting that the Mayor reached out to Board
Member Kment, and asked if she wished to continue on the board as her appointment ends at the end of
January. Board Member Kment stated that she accepted to continue on the board for another service
period. After discussion, Director Walker advised that she would get the staff report submitted for
approval at Council.
3. Director Walker reported that the library received a donation from the Raymond G. and Sedona M. Knapp
Trust, in the amount of 5% or about $196,000. Director Walker asked the board for a recommendation to
the city to earmark these funds for the expansion project. Board Member Kment moved for the board to
recommend to the Finance Director to hold these funds from the Knapp family for the expansion project,
seconded by Board Member Underwood. Ayes: Jirsak, Kment, Underwood & Adamson. Motion carried.
4. Discussion was held on moving the Library Board meeting time and date. Board Member Adamson
advised that his schedule changed and doesn’t allow him to attend Mondays at 3:30. Board Member
Underwood moved that the board meet the 3rd Monday of the month at 6:30pm, seconded by Board
Member Adamson. Ayes: Jirsak, Kment, Underwood & Adamson. Motion carried.
With no further business, motion to adjourn was made at 7:57 p.m. with Board Member Adamson making the
motion and Board Member Underwood seconding it. Motion carried.
Next meeting will be held at the library on February 17, 2020 at 6:30 pm.
(Signed) by Tina Walker, Library Director
Agenda
Keene Memorial Library Board Meeting
Keene Memorial Library
1030 N. Broad St., Fremont NE
5:00 P.M.
January 23, 2020
AGENDA
1. Call to Order/Notice of Meeting
2. Roll Call
3. Motion to adopt current agenda for January 23, 2020 regular meeting
4. Dispense with and approve October 2, 2019 Library Board Meeting Minutes
5. New Business
a. Motion to move to Executive Session to discuss personnel issues, for the prevention of
needless injury to reputation and is for the protection of individual employees.
6. Unfinished Business
a. Discussion and recommendation for City Council proposed edits to Article 7 of City Code
i. 12/10/2019 Council Staff Reports/Documents
ii. 11/13/2012 Council Bylaw Changes Documents
iii. Library Board draft edits to Article 7 – from 2019
7. Reports
a. Friends of the Library Report
b. Expansion Report
8. Unfinished Business
a. Current copies of the NLC Library Board Manuals
b. Library Policy Handbook Update – review for legal
c. Library Board Certification – we made it!
9. New Business
a. Accept resignation of Board Member, Mandy Ostdiek and recommend appointment of new
Board Member Susan Allen to mayor for the January 28th Council Meeting
b. Discuss new trust funds – recommend held for expansion project
c. Discussion of Library Board Meeting schedule dates and times
i. Mondays after 6:30 pm or Thursday nights after 5:00 pm
10. Participation in webinar “NCompass Live: Pretty Sweet Tech – Can Librarians Teach
Robotics?” - adjourning after https://www.youtube.com/watch?v=fA=mfnMOnWvU&feature=youtu.be
Next Meeting TBD - Keene Memorial Library
Agenda posted online at www.fremontne.gov/library and emailed to Library Board members on January 16,
2020. This meeting is preceded by publicized notice in the Fremont Tribune and the agenda is displayed in
the Administration Office at Keene Memorial Library, 1030 North Broad Street. A Copy of the Open
Meeting Law is posted at the entrances of the meeting rooms. The Library Board reserves the right to go
into Executive Session at any time. The Library Board reserves the right to adjust the order of items on this
agenda.
Keene Memorial Library Board Meeting
Keene Memorial Library
1030 N. Broad St., Fremont NE
5:00 P.M.
January 23, 2020
AGENDA
1. Call to Order/Notice of Meeting
2. Roll Call
3. Motion to adopt current agenda for January 23, 2020 regular meeting
4. Dispense with and approve October 2, 2019 Library Board Meeting Minutes
5. Reports
a. Friends of the Library Report
b. Expansion Report
6. Unfinished Business
a. Current copies of the NLC Library Board Manuals
b. Library Policy Handbook Update – review for legal
c. Library Board Certification – we made it!
d. Discussion and recommendation for City Council proposed edits to Article 7 of City Code
i. 12/10/2019 Council Staff Reports/Documents
ii. 11/13/2012 Council Bylaw Changes Documents
iii. Library Board draft edits to Article 7 – from 2019
7. New Business
a. Accept resignation of Board Member, Mandy Ostdiek and recommend appointment of new
Board Member Susan Allen to mayor for the January 28th Council Meeting
b. Discuss new trust funds – recommend held for expansion project
c. Discussion of Library Board Meeting schedule dates and times
i. Mondays after 6:30 pm or Thursday nights after 5:00 pm
d. Motion to move to Executive Session to discuss personnel issues, for the prevention of
needless injury to reputation and is for the protection of individual employees.
8. Participation in webinar “NCompass Live: Pretty Sweet Tech – Can Librarians Teach
Robotics?” - adjourning after https://www.youtube.com/watch?v=fA=mfnMOnWvU&feature=youtu.be
Next Meeting TBD - Keene Memorial Library
Agenda posted online at www.fremontne.gov/library and emailed to Library Board members on January 16,
2020. This meeting is preceded by publicized notice in the Fremont Tribune and the agenda is displayed in
the Administration Office at Keene Memorial Library, 1030 North Broad Street. A Copy of the Open
Meeting Law is posted at the entrances of the meeting rooms. The Library Board reserves the right to go
into Executive Session at any time. The Library Board reserves the right to adjust the order of items on this
agenda.
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Tim Buckley, City Attorney
DATE: December 10, 2019
SUBJECT: City Ordinance Chapter 3, Article 7, Section 3-701
Recommendation: Move to introduce Ordinance 5518, and hold first reading
BACKGROUND: At the October 29, 2019 City Council meeting, it was discovered that City
Chapter 3, Article 7, Section 3-701 contains a sentence that should have been removed when the
ordinance was amended in 2010, making the Library Board an advisory board.
FISCAL IMPACT: None.
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ORDINANCE NO. 5518
AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, REPEALING AND
REPLACING CHAPTER 3, ARTICLE 7, SECTION 3-701 OF THE FREMNT MUNICIPAL
CODE AND ALL OTHER ORDINANCES OR PART OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FREMONT,
NEBRASKA, THAT:
SECTION I. Chapter 3, Article 7, Section 3-701 – Municipal Library; operation and funding.
The City owns and manages the City Library, Reading Room, Art Gallery, and
Museum through the Library Board. The City Council, for the purpose of defraying the cost
of the management, purchases, improvements, and maintenance of the Library may each
year levy a tax not exceeding the maximum limit prescribed by State law, on the actual
valuation of all real estate and personal property within the City that is subject to taxation.
The revenue from the said tax shall be known as the Library Fund and shall include all
gifts, grants, deeds of conveyance, bequests, or other valuable income-producing
personal property and real estate from any source for the purpose of endowing the City
Library. The Library Fund shall at all times be in the custody of the Director of Finance.
The Board shall have the power and authority to appoint the librarian and to hire such
other employees as they may deem necessary and may pass such other rules and
regulations for the operation of the Library, Reading Room, Art Gallery, and Museum as
may be proper for their efficient operation.
SECTION II. REPEAL OF CONFLICTING ORDINANCES. That and any other
ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION III. EFFECTIVE DATE. This ordinance shall take effect and be in force
from and after its passage, approval, and publication according to law. This ordinance shall
be published in pamphlet form on January 29, 2020 and distributed as a City Ordinance.
PASSED AND APPROVED THIS 28th DAY OF JANUARY, 2020.
Scott Getzschman, Mayor
ATTEST:
Tyler Ficken, City Clerk
42
ORDINANCE NO. 5518
AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, REPEALING AND
REPLACING CHAPTER 3, ARTICLE 7 OF THE FREMONT MUNICIPAL
CODE AND ALL OTHER ORDINANCES OR PART OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FREMONT,
NEBRASKA, THAT:
ARTICLE 7. – LIBRARY
§3-701. - Municipal Library; General Powers and Duties.
1. The City owns and manages the public Library (Keene Memorial Library) through an
appointed Library Board. The City Council, for the purpose of defraying the cost of the management,
purchases, improvements, and maintenance of the Library may each year levy a tax not exceeding the
maximum limit prescribed by State law, on the actual valuation of all real estate and personal property
within the City that is subject to taxation. The revenue from the said tax shall be known as the Library
Fund and shall include all gifts, grants, deeds of conveyance, bequests, or other valuable income-
producing personal property and real estate from any source for the purpose of endowing the City
Library. The Library Fund shall at all times be in the custody of the Director of Finance.
2. The Library Board shall have the power and authority to select and appoint a suitable librarian
(Library Director) and assistants (library staff) as they may deem necessary, fix the compensation of
said appointees and remove such appointees at the pleasure of the Board; the Board may also pass such
other rules and regulations for the operation of the Library as may be proper for its efficient operation.
Personnel administrative or compensation policies and procedures applying to a director or an
employee of the Library shall be approved by the City Council prior to implementation. The Library
Board shall provide input, and operate within, the constraints of the City’s budget and shall adhere to
other applicable employment and personnel guidelines approved by the City Council.
a) The Librarian shall generally supervise the property and operations of the Public Library.
The Librarian shall be accountable to the Board and the approving authority.
b) The Library Director (Librarian) shall advise and serve as the liaison between the Library
Board and the Mayor and City Council in regard to the implementing City Council
approved policies and directives as well as the Library’s budget; its daily operation,
maintenance, and development; and personnel of the public library, and shall recommend
to the City Council for their approval any staffing and compensation matters, and any
library by-laws, rules and regulations, or changes in by-laws, rules, and regulations
recommended by the Library Board for the protection and development of the public
library.
3. The Library Board shall be responsible for the intellectual content and development of the
library.
43
§ 3-702. - Municipal Library; Damaged and Lost Materials.
Any person who damages or fails to return any materials taken from the Library shall forfeit and
pay to the Library not less than the value of the materials in addition to any replacement costs and
penalty which the Library Board may assess.
§ 3-703. - Municipal Library; Material Removal.
It shall be unlawful for any person not authorized by the regulations made by the Library Board to
take materials from the Library, without the consent of the Librarian, or an authorized employee of the
Library. Any person removing materials from the Library without properly checking it out shall be
subject to, and referred for, appropriate legal prosecution.
§ 3-704. - Municipal Library; Cost and Use.
The public library shall provide free library cards for use by the inhabitants of the City or those
who own property within the City limits. The Library Director may exclude from the use of the Library
any person who shall willfully violate or refuse to comply with the rules and regulations established for
the government thereof.
§ 3-705. – Municipal Library; Library Board.
1. The Library Board shall consist of five (5) appointed members who shall reside within the
City limits of Fremont, and who shall serve terms of four (4) years. The Mayor shall appoint the
members of the Library Board with the consent of the City Council. The Mayor, members of the
Council and City Administration, or City staff shall not be appointed to be a member of the Library
Board. The terms of members serving on the effective date of a change in the number of members
shall not be shortened, and any successors to those members shall be appointed as the terms of those
members expire. In case of any vacancy by resignation, removal, or otherwise, the Mayor shall fill the
vacancy for the unexpired term with the consent of the Council.
2. No member shall receive any pay or compensation for any services rendered as a member of
the Library Board.
3. At the time of the Board's first (1st) meeting in June of each year, the Board shall organize by
selecting from their number a Chairperson and Secretary. No member of the Library Board shall serve
in the capacity of both the Chairperson and Secretary of the Board. It shall be the duty of the Secretary
to keep minutes of all meetings, and to timely file the same with the City Clerk as public records. The
Library Board shall conduct their meetings in compliance with the open meetings laws of the State.
4. A majority of the Board members shall constitute a quorum for the transaction of business.
The Board shall establish regular meeting dates and meet at such times as the City Council may
require. Special meetings may be held upon the call of the Chairperson, or a majority of the members
of the Board.
5. All actions of the Library Board shall be subject to the review and control of the City Council.
§ 3-706. - Library Board; annual report.
44
The Library Board shall, on or before the second Monday in February, or upon request, and with
advance consent of the City Council, no later than April 30 each year, make a report to the City Council
the condition of its trust on the last day of the prior fiscal year. The report shall also show all money
received and credited or expended; the number of materials held, including books, video and audio
materials, software programs, and materials in other formats; the number of periodical subscriptions on
record, including newspapers; the number of materials added and the number withdrawn from the
collection during the year; the number of materials circulated during the year; and other statistics,
information, and suggestions as the Library Board may deem of general interest or as the City Council
may require.
§ 3-707. - Internet access.
It is the policy of the City of Fremont that all public internet access funded in whole or in part by
the City will meet standards set by the Children's Internet Protection Act. The annual report of the
Library Board shall certify compliance with the Children's Internet Protection Act.
SECTION II. REPEAL OF CONFLICTING ORDINANCES. That and any other
ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION III. EFFECTIVE DATE. This ordinance shall take effect and be in force
from and after its passage, approval, and publication according to law. This ordinance shall
be published in pamphlet form on December 27, 2019 and distributed as a City Ordinance.
PASSED AND APPROVED THIS 12th DAY OF DECEMBER, 2019.
________________________________
Scott Getzschman, Mayor
ATTEST:
________________________________
Tyler Ficken, City Clerk
45
ARTICLE 7. -– LIBRARY
Sec. §3-701. - Municipal Library; operationGeneral Powers and fundingDuties.
1. The City owns and manages the Citypublic Library, Reading Room, Art Gallery, and Museum
(Keene Memorial Library) through thean appointed Library Board. The City Council, for the purpose of
defraying the cost of the management, purchases, improvements, and maintenance of the Library may
each year levy a tax not exceeding the maximum limit prescribed by State law, on the actual valuation
of all real estate and personal property within the City that is subject to taxation. The revenue from the
said tax shall be known as the Library Fund and shall include all gifts, grants, deeds of conveyance,
bequests, or other valuable income-producing personal property and real estate from any source for the
purpose of endowing the City Library. The Library Fund shall at all times be in the custody of the
Director of Finance. The Board shall have the power and authority to appoint the librarian and to hire such
other employees as they may deem necessary and may pass such other rules and regulations for the
operation of the Library, Reading Room, Art Gallery, and Museum as may be proper for their efficient
operation. (NE 51-201 thru 51-219)
2. Sec.The Library Board shall have the power and authority to select and appoint a suitable
librarian (Library Director) and assistants (library staff) as they may deem necessary, fix the
compensation of said appointees and remove such appointees at the pleasure of the Board; the Board
may also pass such other rules and regulations for the operation of the Library as may be proper for its
efficient operation. Personnel administrative or compensation policies and procedures applying to a
director or an employee of the Library shall be approved by the City Council prior to implementation.
The Library Board shall provide input, and operate within, the constraints of the City’s budget and shall
adhere to other applicable employment and personnel guidelines approved by the City Council. (NE 16-
251 and 51.211)
a) The Librarian shall generally supervise the property and operations of the Public Library.
The Librarian shall be accountable to the Board and the approving authority.
b) The Library Director (Librarian) shall advise and serve as the liaison between the Library
Board and the Mayor and City Council in regard to the implementing City Council
approved policies and directives as well as the Library’s budget; its daily operation,
maintenance, and development; and personnel of the public library, and shall recommend
to the City Council for their approval any staffing and compensation matters, and any
library by-laws, rules and regulations, or changes in by-laws, rules, and regulations
recommended by the Library Board for the protection and development of the public
library.
3. The Library Board shall be responsible for the intellectual content and development of the
library.
§ 3-702. - Municipal Library; Damaged and Lost booksMaterials.
Any person who injuresdamages or fails to return any bookmaterials taken from the Library shall
forfeit and pay to the Library not less than the value of the bookmaterials in addition to any replacement
costs and penalty which the Library Board may assess.
Sec.§ 3-703. - Municipal Library; bookMaterial Removal.
It shall be unlawful for any person not authorized by the regulations made by the Library Board to
take a bookmaterials from the Library, without the consent of the Librarian, or an authorized employee
46
of the Library. Any person removing a bookmaterials from the Library without properly checking it out
shall be deemedsubject to be guilty of a misdemeanor, and referred for, appropriate legal prosecution.
Sec.§ 3-704. - Municipal Library; Cost ofand Use.
The Municipalpublic library shall beprovide free library cards for the use ofby the inhabitants of
the City. or those who own property within the City limits. The LibrarianLibrary Director may exclude
from the use of the Library and reading rooms any person who shall willfully violate or refuse to comply
with the rules and regulations established for the government thereof.
Sec.§ 3-705. -– Municipal Library; Library Board.
(a)1. The Library Board shall consist of five (5) appointed members who shall be residentsreside
within the City limits of the MunicipalityFremont, and who shall serve terms of four (4) years. The
Mayor shall appoint the members of the Library Board with the consent of the City Council. Neither
The Mayor nor any member, members of the Council and City Administration, or City staff shall not
be appointed to be a member of the Library Board. The terms of members serving on the effective
date of a change in the number of members shall not be shortened, and any successors to those
members shall be appointed as the terms of those members expire. In case of any vacancy by
resignation, removal, or otherwise, the Mayor shall fill the vacancy for the unexpired term with the
consent of the Council.
(b)2. No member shall receive any pay or compensation for any services rendered as a member
of the Library Board.
(c)3. At the time of the Board's first (1st) meeting in June of each year, the Board shall organize
by selecting from their number a Chairperson and Secretary. No member of the Library Board shall
serve in the capacity of both the Chairperson and Secretary of the Board. It shall be the duty of the
Secretary to keep minutes of all meetings, and to timely file the same with the City Clerk as public
records. The Library Board shall conduct their meetings in compliance with the open meetings laws of
the State.
(d)4. A majority of the Board members shall constitute a quorum for the transaction of business.
The Board shall establish regular meeting dates and meet at such times as the City Council may
designaterequire. Special meetings may be held upon the call of the Chairperson, or a majority of the
members of the Board.
(e) The Library Board shall advise the Mayor and City Council in regard to the operation, maintenance,
and development and personnel of the Public Library, and shall recommend to the City Council by-laws,
rules and regulations, or changes in by-laws, rules, and regulations for the protection and development of
the public library.
(f) The 5. All actions of the Library Board shall be responsible for the intellectual content and
development of the library.
(g) The Librarian shall be appointed by the Mayor with the advice of the Library Board and the consent of
the City Council. The Librarian shall generally supervise the property and operations of the Public Library.
The Librarian shall be accountable to the Board, but will work under the supervision of the City
Administrator.
(h) All actions of the Commission shall be subject to the review and control of the City Council.
Sec.§ 3-706. - Library Board; annual report.
47
The Library Board shall, on or before the second Monday in February in, or upon request, and
with advance consent of the City Council, no later than April 30 each year, make a report to the City
Council of the condition of its trust on the last day of the prior fiscal year. The report shall also show all
money received and credited or expended; the number of materials held, including books, video and
audio materials, software programs, and materials in other formats; the number of periodical
subscriptions on record, including newspapers; the number of materials added and the number
withdrawn from the collection during the year; the number of materials circulated during the year; and
other statistics, information, and suggestions as the Library Board may deem of general interest or as
the City Council may require.
Sec.§ 3-707. - Internet access.
It is the policy of the City of Fremont that all public internet access funded in whole or in part by
the City will meet standards set by the Children's Internet Protection Act. The annual report of the
Library Board shall certify compliance with the Children's Internet Protection Act.
48
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Janet Davenport, Library Director
DATE: November 8, 2012
SUBJECT: REVISED LIBRARY BOARD BY-LAWS
Recommendation: Move to approve the revised Keene Memorial Library Board By-Laws as recommended by
the Board Members of the Keene Memorial Library.
Background: The Keene Memorial Library Board structure was changed from an Administrative Board to an
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change. The Library Board of has approved and recommended the By-Laws to the City Council for adoption.
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18
BYLAWS OF THE
KEENE MEMORIAL LIBRARY
LIBRARY BOARD
ARTICLE I: Name and Authority
Section 1: This organization shall be called “The Keene Memorial Library” or the “Fremont
Public Library”.
Section 2: The Library Board (hereinafter the “Board”) exists by virtue of the
provisions of § 16-251 of the Revised Statutes of the State of Nebraska
and Article 2, §2-201 of the City of Fremont Code. The Board shall exercise the
powers and authority and assume the responsibilities delegated to it under said
statutes and Code.
ARTICLE II: Members of the Board
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individual terms of four (4) years by the Mayor and City Council of Fremont, pur-
suant to law.
Section 2: In the event of vacancies due to resignation, removal or otherwise, the Mayor
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ant to law.
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DQGVXFKRWKHURI¿FHUVDVPD\EHGHHPHGQHFHVVDU\ZKRVKDOOEHHOHFWHGIURP
among the appointed members.
Section 2: It shall be the duty of the President to preside at all meetings of the Board,
to appoint Board members to standing committees, subject to approval of the
Board and to carry out such other duties as the Board or these By-Laws may
impose.
Section 3: The Vice-President shall preside at all meetings of the Board in the absence of
the President, and shall carry out such other duties as the Board or these By-
Laws may impose.
Section 4: The Secretary shall see that a true and accurate account of all proceedings at
Board meetings is kept and shall perform such other duties as usually pertain to
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In compliance with any requirements of state law regarding the holding of meet-
ings of public bodies, the Secretary shall issue notices of all regular meetings,
and, on the authorization of the President, of all special meetings, and shall have
custody of the minutes and other records of the Board. With the approval of a
majority of the Board, the Secretary may delegate any or all of those responsibili-
ties to the Library Director.
Section 5: The Board may review the bills, invoices, same or similar, from the
Fremont Public Library, however, that the Board is not delegated or
authorized with authority to draw warrants upon the money in the Public
Library Fund and therefore this procedure shall be used for review of
library activity only.
Section 6: Should both the President and Vice-President be absent from any meeting of the
Board, a member shall be selected to preside by a motion.
Section 7: In the event of death, resignation or disability of the President, the Vice-President
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elected.
ARTICLE V: Meetings
Section 1: Regular meetings of the Board shall be held no less than quarterly at a time
agreed upon by the Board. Written notice of the time and place of the meeting
shall be posted and published where they shall be available for public inspection
at any reasonable time.
Section 2: Special meetings may be called by the President, Library Director or by any two
(2) Board members. Written notice of the time and place of the meeting shall be
posted and published where they shall be available for public inspection at any
reasonable time.
Section 3: Three (3) members of the Board shall constitute a quorum for the transaction of
business.
Section 4: No board member shall vote on any matter if such vote might be reasonably
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member of the general public) to such member or the immediate family of such
member. No board member shall receive any pay or compensation for any ser-
vices rendered as a member of the Board.
ARTICLE VI: Order of Business
Call to Order
Recording of Members Present
Notice of Meeting and Agenda
Approval of Minutes of Last Meeting
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New Business
Committee Reports:
1. Library Director’s Report
2. Friends of the Library Report
3. Other Committee Reports
4. Review of Financial Reports
Announcements
Adjournment
ARTICLE VII: Committees
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FRPPLWWHHVKDOOFRQVLVWRIDWOHDVWWZR PHPEHUV7KH3UHVLGHQWVKDOOEHDQH[RI¿FLR
member of all committees. A report of meetings of the Special Committees shall be presented
at the next regular meeting of the Board following the committee meeting.
ARTICLE VIII: Library Director and Staff
Section 1: The Library Director shall be appointed by the Mayor with the advice of the Board
and consent of the City Council.
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shall have the sole charge of administration of the Library under the direction and
supervision of the City Administrator and under the general supervision of the
Board. The Library Director shall be accountable to the Board.
The Director shall be held responsible for the care of the building and equipment,
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conditions set forth in the annual budget. The Library Director or the Library Di-
rector’s representative shall attend all Board meetings.
Section 3: The Library Director shall present a report or statistical report at each regular
meeting of the Board, describing the activities of the Library during the previous
month.
ARTICLE IX: Miscellaneous
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volunteers shall be immune from tort liability for injuries to persons or damages to
property caused while in the course of service acting on behalf of The Keene Me-
morial Library, provided that any agent is acting or reasonably believes he or she
is acting within the scope of his or her authority in furtherance of the purposes
of The Keene Memorial Library and that the agent’s conduct does not amount to
gross negligence that is the proximate cause of the injury or damage.
Section 2: Insurance. The Board may purchase and maintain liability insurance to indemnify
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volunteers and agents of the Board against liability asserted against The Keene
Memorial Library, whether or not The Keene Memorial Library would have power
to indemnify the person against such liability under these Bylaws or the laws of
the State of Nebraska.
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ber, employee, volunteer or agent of the Board and each person who serves
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Fremont to the fullest extent permitted by the laws of the State of Nebraska as
they may be in effect from time to time for all actions taken by any member of
the Board which he or she reasonably believes to be within the scope of his or
her authority, and if an employee within the scope of his or her employment, and
which conduct does not amount to gross negligence that is the proximate cause
of injury or damage to a person.
Section 4: Whenever a claim is made or a civil action is commenced against a member of
the Board for injuries to persons or property caused by alleged negligence of
the Board or The Keene Memorial Library while that member is acting within the
course of that individual’s authority, the Board may pay for, engage or furnish
the services of an attorney to advise the Board as to the claim and to appear for
and represent the Board member in the action. The Board may compromise,
settle and pay the claim before or after the commencement of a civil action with
consent from the City Council and City Attorney. Whenever a judgment for dam-
ages is awarded against a Board member as a result of a civil action for personal
injuries or property damage caused by the Board or The Keene Memorial Library,
the Board may indemnify the member or pay, settle or compromise the judgment.
ARTICLE X: Amendment of the Bylaws
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three (3) members of the Board, provided notice of the proposed amendment has been given
at a regular meeting previous to the meeting at which the proposed amendment is presented
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or acting Secretary for not less than twenty (20) days.
Article 7. Library
§3-701 MUNICIPAL LIBRARY; OPERATION AND FUNDING.
The City owns and manages the Keene Memorial Library through the Library Board and
Library Director. The City Council, for the purpose of defraying the cost of the
management, purchases, improvements, and maintenance of the library may each year
levy a tax not exceeding the maximum limit prescribed by State law, on the actual
valuation of all real estate and personal property within the City that is subject to
taxation. The revenue from the said tax shall be known as the Library Fund and shall
include all gifts, grants, deeds of conveyance, bequests, or other valuable income-
producing personal property and real estate from any source for the purpose of
endowing Keene Memorial Library. The Library Fund shall at all times be in the custody
of the Director of Finance.
The Library Board may provide recommendations to hire employees and may pass
such other rules and regulations for the operation of the library as may be proper for the
efficient operation of the library.
§3-702 MUNICIPAL LIBRARY; DAMAGED AND LOST BOOKS.
Any person who damages or fails to return any materials taken from the library shall
forfeit and pay to the library not less than the value of the book in addition to any
replacement costs and penalty which the Library Board may assess.
§3-703 MUNICIPAL LIBRARY; BOOK REMOVAL.
It shall be unlawful for any person not authorized by the regulations made by the Library
Board to take materials from the library, without the consent of the Librarian, or an
authorized employee of the library. Removal of materials from the library without
properly checking them out, will constitute theft and staff may notify the County
Attorney’s office to prosecute the offender for theft of library materials.
§3-704 MUNICIPAL LIBRARY; COST OF USE.
The library is open to the public to be used in compliance with the established library
rules and regulations. The library meeting spaces are available for use for meetings that
are 1) free 2) open to the public and 3) educational in purpose. The Library Director may
exclude from the use of the library, any person who shall willfully violate or refuse to
comply with the rules and regulations established for the government thereof.
§3-705 LIBRARY BOARD.
(1) The Library Board shall consist of five (5) appointed members who shall be
residents of the Municipality and who shall serve terms of four (4) years. The
Mayor shall appoint the members of the Library Board with the consent of the
City Council. Neither the Mayor nor any member of the Council shall be a
member of the Library Board. No current city employees may serve on the library
board. The terms of members serving on the effective date of a change in the
number of members shall not be shortened, and any successors to those
members shall be appointed as the terms of those members expire. In case of
any vacancy by resignation, removal, or otherwise, the Mayor shall fill the
vacancy for the unexpired term with the consent of the council.
(2) No member shall receive any pay or compensation for any services rendered as
a member of the Library Board.
(3) At the time of the Board’s 1st meeting in October of each year, the board shall
organize by selecting from their number a Chairperson and Secretary of the
Board. No member of the Library Board shall serve in the capacity of both the
Chairperson and Secretary. The Secretary may appoint a Record Keeper. It
shall be the duty of the Record Keeper to keep minutes of all meetings, and to
timely file the same with the City Clerk as public records.
(4) A majority of the Board members shall constitute a quorum for the transaction of
business. The Board shall meet at such times as the City Council may designate.
Special meetings may be held upon the call of the Chairperson, or a majority of
the members of the Board.
(5) The Library Board shall advise the Mayor and City Council in regard to the
operation, maintenance, and development and personnel of the library, and shall
recommend to the City Council by-laws, rules and regulations, or changes in by-
laws, rules, and regulations for the protection and development of the public
library.
(6) The Library Board shall be responsible for the intellectual content and collection
development of the library.
(7) The Library Director shall generally supervise the property and operations of the
library. The Library Director shall be accountable to the Library Board, but will
work under the supervision of the City Administrator.
(8) All actions of the Library Board shall be subject to the review and control of the
City Council.
§3-706 LIBRARY BOARD; ANNUAL REPORT.
The Library Director, under guidance of the Library Board, shall, on or before April 30th
in each year, make a report to the City Council highlighting activities of the library for the
previous fiscal year. The report shall show the number of materials held, including print
books, video and audio materials, software programs, periodical subscriptions, and
other formats. The number of materials added and withdrawn from the collection during
the year shall be reported, as well as the number of materials circulated. Other
statistics, information, and suggestions as the Library Board and Library Director may
deem of general interest or as the City Council may require.
§3-707 INTERNET ACCESS.
It is the policy of the City of Fremont that all public internet access funded in whole or in
part by the City will meet standards set by the Children’s Internet Protection Act. The
annual report of the Library Board shall certify compliance with the Children’s Internet
Protection Act.
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