Article I
Identification
The name of this organization is the Board of Directors of the Dickinson Area Public Library located in Dickinson, North Dakota. The library was established by the City of Dickinson in accordance with the North Dakota Century Code, Chapter 40-38. The Board exercises the power and assumes the duties granted to it under these statutes.
Article II
Membership
Section 1. Appointments and Terms of Office. In accordance with the requirements of the North Dakota Century Code, Chapter 40-38, the Board of Directors of the Dickinson Area Public Library shall consist of five members, appointed by the Dickinson City Commission. The County Commission may also appoint a commission representative to the board, as a sixth voting member. All board members must be residents of the library’s current service area. Board members are appointed to three-year terms. No member may serve for more than two consecutive terms without a one-year interval before reappointment. Appointments to fill an unexpired term may be for the remainder of the term only to keep board member terms staggered. Board terms begin in July of each year as specified in the Century Code.
Section 2. Meeting Attendance. Members shall be expected to attend at all meetings of the board except as prevented for valid reason communicated to the Board President. Failure to attend 3 board meetings within a 12-month period shall be cause to recommend dismissal to the Dickinson City Commission.
Article III
Duties of the Board of Directors
Section 1. In accordance with the North Dakota Century Code, Chapter 40-38, legal responsibility for the operation of the Dickinson Area Public Library is vested in the Board of Directors. Subject to state and federal laws, the Board has the power and duty to determine rules and regulations governing library property, operations, and services.
Section 2. The Board of Directors, with the cooperation of the Library Director, shall adopt policies governing all phases of the library operation. These policies may be adopted or amended at any regular meeting of the Board provided due notice has been given.
Section 3. The board shall employ and supervise a qualified library director to administer the library and supervise library staff and provision of services.
Section 4. The board shall approve the annual budget ensuring that adequate funds are available to finance the budget. The board shall approve all library expenditures.
Section 5. The board shall supervise the building and grounds and regularly review facilities ensuring that they meet the needs of the total library program.
Section 6. The board may contract, when feasible, with other libraries for provision of better and/or more efficient delivery service. The board may approve library contracts to provide services to other entities.
Section 7. The board shall advocate for policies and support legislation that provides the greatest good to the greatest number of library users. They shall work cooperatively with government officials and boards to maintain positive public relations and advocate for the library.
Section 8. The board shall establish by-laws for the operation of the Board.
Article IV
Meetings
Section 1. Regular meetings. The regular meetings of the Board of Directors shall be held monthly. The date, time, and location of the meetings will be set for the coming year at the annual meeting. The July meeting shall be designated as the annual meeting for the purpose of welcoming new members and electing officers.
Section 2. Special meetings. Special meetings of the board may bed held at any time at the call of the President and Secretary, or at the call of any three members of the Board. Notice of special meetings shall be given to all members at least forty-eight hours in advance of the special meeting.
Section 3. Quorum. A quorum at any meeting shall consist of three or more members.
Section 4. Agendas and notices. Meeting agendas and notices shall indicate the time, date, and place of the meeting, as well as subject matters intended for consideration at the meeting. The agenda shall be sent at least 5 days in advance of the meeting.
Section 5. Open meetings law compliance. All board meetings shall be held in compliance with North Dakota’s open meetings law. Meeting dates and locations will be published at a minimum in the library’s events calendars and public advertisements as well as on the library’s website.
Section 6. Parliamentary authority. Roberts Rules of Order shall govern the parliamentary procedures of the board.
Article V
Committees
Section 1. Committees may be appointed by the president and shall make recommendations to the Board on pertinent Board meeting agenda items.
Section 2. Appointed committee shall only have advisory powers.
Article VI
Officers
Section 1. Officers. The officers of the Board shall be the President, Vice-President, and the Secretary.
Section 2. Terms. Officers shall be elected at the annual meeting and serve a one-year term.
Section 3. President duties. The President of the Board shall call all meetings and preside at all meetings, appoint all committees, and generally perform the duties of a presiding officer.
Section 4. Vice-President duties. The Vice-President shall preside in the absence of the President. In the event of a vacancy in the President’s office, the Vice-President shall assume and perform the duties and functions of the President.
Section 5. Secretary. The Secretary of the board shall keep a true and accurate account of all proceedings of the board meetings. The Secretary shall file and preserve all communications, reports, and other papers at the direction of the board. Copies of the minutes and other records will be filed in the library for ready reference.
Article VII
Library Director
Section 1. The Board of Directors will employ and supervise a qualified library director. The Library Director shall attend all board meetings unless excused upon his/her request and serve as lead advisor to the Board. The Library Director shall be the executive officer of the library responsible for enacting the policies adopted by the Board of Directors. The Library Director has no vote at board meetings.
Section 2. The Library Director shall report directly to the Library Board of Directors. The Library Director shall make recommendations to the board regarding the facility, personnel, and policies of the library.
Section 3. The Library Director shall supervise all library personnel and volunteers.
Section 4. Under the direction of the board, the Library Director shall make decisions regarding library budget expenditures including purchases within the library’s materials selection policies.
Section 5. The Library Director shall supervise the buildings, grounds, and bookmobile.
Article VIII
Conflict of Interest
Section 1. No board member shall be directly or indirectly interested in any contract, work, or business of the Dickinson Area Public Library unless in accordance with NDCC 40-13-05 and NDCC 40-13-05.1 and library policy.
Section 2. A board member shall withdraw from board discussion, deliberation, and vote on any matter in which the board member, a family member, or an organization with which the board member is associated has a substantial financial interest.
Section 3. A board member may not receive anything of value that could reasonably be expected to influence their vote or other financial action.
Article IX
General
Section 1. An affirmative vote of the majority of all members of the Board present at the time shall be necessary to approve any action before the Board. The president may vote upon and may move or second a proposal before the board.
Section 2. Amendments to these by-laws may be adopted at any regular meeting of the Board, provided the notice of proposed amendments be given to all members in advance of the meeting.
Adopted by the Library Board: Feb. 14, 2023