Article I Identification
This organization shall be called “The Board of Trustees of the Red Bank Public Eisner Memorial Library”, located in the Borough of Red Bank, New Jersey, existing by the virtue of the provisions of the relevant subsections of the New Jersey State Statutes for municipal and joint libraries (N.J.S.A. 40:54) and for the county libraries (40:33) and exercising powers and authority and assuming the responsibilities delegated to it under the said statute.
Article II Membership
Section 1. Trustees: Number, Appointments and Terms
(N.J.S.A. 40:54-9,N.J.S.A. 40:54-10 ) The Board of Trustees shall consist of seven to nine members, one of whom will be the Mayor of the Borough of Red Bank and one, the Superintendent of Schools of the Borough of Red Bank and the remaining citizens to be appointed by the Mayor with the consent of the Council of the Borough of Red Bank, four of whom shall be residents of Red Bank. The appointments shall be for terms of one, two, three, four or five years respectively as they may be selected by the Mayor. The terms of office commenced with the incorporation of the Free Public Library in 1924.
Section 2. Meeting attendance
Members shall be expected to attend all meetings except if they are prevented by a valid reason.
Section 3. Vacancies:upon the expiration of the off the terms of office of any Trustee, the Mayor with consent of the Borough Council shall appoint a citizen for the terms of five years. Vacancies occurring in the Board of Trustees shall be filled for the unexpired term only, in the same manner as the original appointments are made. See N.J.S.A. 40A:9-12.1) for reasons and causes of vacancies
Article III Officers
Section 1.The officers shall be a President, Vice-President, Recording Secretary and Treasurer, elected from the appointed Trustees at the annual meeting in January to serve for one year or until their successors are elected and certified. The President may not serve for more than five consecutive years. The Mayor and Superintendent of Schools or their alternates may not serve as officers of this Board.
Section 2.A vacancy in office shall be filled by the election of a successor for the unexpired terms of the vacant office. Such an election shall take place at the first regular meeting after the vacancy occurs.
Section 3.The President shall preside at all meetings of the Board, authorize calls for any special meetings, execute all documents authorized by the Board, appoint all committees and be an ex-officio voting member of all regular and standing committee and generally perform all duties associated with that office.
Section 4.The Vice-President shall in the event of the absence or disability or vacancy in the office of President assume and perform the duties of the President.
Section 5.The Recording Secretary of the Board shall keep full and correct reports of all proceeding, shall record roll call, issue notice of all regular and special meetings, have custody of the minutes and other records of the Board and shall perform such other duties. A paid recording Secretary may be employed to record the minutes but it is nor recommended that the director have this additional duty. Board minutes should be available to the public according to the law.
Section 6. The Treasurer shall have custody and be responsible for the funds of the Library. She/ he shall be the disbursing officer of the Board. The Treasurer must be bonded in an amount authorized in a amount authorized by a resolution of the board, shall sign all vouchers, shall have charge of all special funds and income outside the the appropriations in charge of the municipal treasurer and sign checks upon authorization of the board. He/she shall pay, or approve payment, all bills and payrolls ordered by the board. Gifts of money, securities or real property should be acknowledged by the Secretary, reported to the Trustees and managed by the Treasurer as directed by the Trustees.
Section 7.No individual officer or member of the board has the authority to issue orders for or in the name of the Trustees unless empowered to do so by a majority of the board so voting at a regular or duly-called special meeting at which a quorum is present.
Section 8. The Board and its officers shall also be governed by all other regulations specified in the Library Law of the State of New Jersey as applied to municipalities operating under its provision;and by all other applicable state and federal legislation.
Article IV Meetings
Section 1. Regular meetings.The regular meeting shall be held at 6:30 PM on the fourth Thursday of every month, unless advance notice is posted in the municipal building and in the library. All meetings of the board shall be open to the public in accordance with the NJ Open Public Meetings Law (N.J.S.A. 10:4-6). Meetings in July, August or both, may be omitted by the board at its discretion by appropriate action taken at the June meeting of that year.
Section 2. Annual meeting.The annual meeting at which officers are elected, shall be held at the time of the regular monthly meeting for the month of January of each year.
Section 3. Special meetings. Special meetings of the Trustees maybe called by the President at the request of one other member of the board and the notice of such meeting shall state the reason for which it was called.
Section 4. The quorum at any meeting shall consist of five members, present in person.
Section 5.The Library director shall be permitted to attend all meetings of the board of Trustees, except at the time when his/her own terms of employment and remuneration are under discussion.
Section 6.Absence of a member from four (4) consecutive regular meetings shall empower the President to inquire into the cause and reasons for such continued absence. In the event the absences are unexcused, the lack of attendance shall be construed as a lack of of interest, and the President is authorized to notify the appointing authority to request the resignation of said member.
Section 7.Regular meetings of the Board shall be open to the Public. At anytime during the regular meeting any two (2) members may request that the Board go into executive session.
Section 8.Order of Business
Article V Committees
Section 1.There shall be the following standing committees of two members each not counting (president, ex-officio) appointed by the President at the annual meeting to serve one year or until their successors shall be appointed.
These committees shall have advisory powers only, not administrative except on matters referred to them by vote of the Board “ with power to act”.
Section 2.Special committees may be appointed at any time by the president, or authorized and appointed by the Board, they shall be advisory only unless otherwise authorized.
Article VI Library director and other employees
Section 1.Subject to title 40-54-12, the Trustees “shall hire librarians and other necessary personnel, and fix their compensation...” They shall determine their number, their salary and wage increases, their terms of employment, and retain them at their pleasure.
Section 2.The Library Director shall be the executive and administrative officer of the Board and or the Library and under these by-laws and the board's declared policies and rules shall have general charge of the Library and all persons employed therein by the Board. The Library Director shall recommend the appointment and determine the duties of all employees, shall recommend to the Board for a Personnel Classification and Pay Plan and shall administer the plan when adopted. The Library director shall be held responsible to the board for the proper management of the Library, for the preservation and care of its property and premises and for the discipline and efficiency of its staff and service.
Section 3.The Board specifically delegates to the Library Director as its executive officer and interim authority to appoint all part-time or temporary employees, which appointments shall be reported to the board monthly for their approval.
Section 4.The Library director shall certify the correctness of all bills before their approval by the Board, except in the case of expenditures directly ordered by the Board.
Section 5.In the event of a vacancy in the position of Library Director, the Trustees shall designate a head of department as “acting Library Director “ who shall, for the interim, have the powers, duties and responsibilities assigned the Library Director in these by-laws.
Article VII Votes
A majority of the votes of all the members of the Board present at any meeting shall be necessary for the adoption or passage of any resolution, order or motion. The president may vote on all proposals and may offer motions. He or she may at any time require members to put motions in writing.
Article VIII Conflict of Interest
Section 1. Board members may not in their private capacity negotiate, bid for, or enter into a contract with the Red Bank Public Library in which they have a direct or indirect financial interest.
Section 2. A Board members shall withdraw from a board discussion, deliberation and vote on any matter in which the Board member, an immediate family member, or an organization with which the Board member is associated or has a financial interest.
Section 3.A Board member may not receive anything of value that could reasonably be expected to influence his or her vote or other official action.
Section 4. Gifts and donations made to the library may be accepted by the trustees but the trustees may not use library funds to give gifts or donations.
Article IX Amendments
Section 1.These by-laws may be amended at any meeting of the Board by a majority vote of the entire Board, provided that specific notice of proposed amendments shall have been given in writing to all members at least ten days prior to the meeting.