HomeMy WebLinkAboutResolutions - No. 2007-117RESOLUTION NO. 2007-117
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING PARTICIPATION IN THE 49-99
COOPERATIVE LIBRARY SYSTEM
WHEREAS, a cooperative librarysystem is being organized by farmer members of the 49-99
Cooperative Library System Joint Powers Agency, recently abolished, to include public library
systems in the City of Lodi, city of Stockton, and the counties of Amador, Calaveras, Merced,
Stanislaus, and Tuolumne; and
WHEREAS, the organizational model for the new cooperative library system is the joint
resolution approach utilized by the North State Cooperative Library System and the Mountain- Valley
Library System, in which the joint powers law is not used or relied upon and no joint powers agency
agreement is needed; and
WHEREAS, each public library system, which desires to join the new cooperative, can do so
by adopting a joint resolution in this form, which makes reference to the Bylaws of the new
cooperative and promises to abide by them so long as the joining agency is a member of the new
cooperative; and
WHEREAS, it is the desire of this public entity, the City of Lodi, to join and become a
member of the new 49-99 Cooperative Library System along the terms expressed herein,
NOW, THEREFORE, BE IT RESOLVED bythe Lodi City Council that the Library Director, or
other appropriate designee, of this agency is authorized and directed to participate in the now 49-99
Cooperative Library System, and the Bylaws of the said new System, a copy of which is attached
hereto as Exhibit A, shall govern this agency's participation in and the operation of the new 49-99
Cooperative Library System.
Dated: June 20, 2007
hereby certify that Resolution No. 2007-117 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held June 20, 2007, by the following vote:
AYES: COUNCIL MEMBERS — Katzakian, Mounce, and Mayor Johnson
NOES: COUNCIL MEMBERS — Hansen and Hitchcock
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS -- None
RANDI JOHL
City Clerk
2007-117
PREAMBLE:
BYLAWS EXHIBIT A
for the
49-99 COOPERATIVE LIBRARY SYSTEM
The former members of the 49-99 Cooperative Library System joint powers
agency, having abolished that JPA, and having formed the 49-99 Cooperative
Library System ("System") as a joint resolution cooperative under the terms of the
California Library Services Act (Education Code § 18700 et seq. ), do hereby enact
the following Bylaws for governing the structure, operation, and management of the
System.
ARTICLE I: NAME
The name of this organization shall be the "49-99 Cooperative Library
System" (hereinafter called the "System").
ARTICLE II: PURPOSE
The objectives of the System shall be to improve library services to the
citizens served by member libraries through sharing of resources and services,
through developing new services and resources, and through offering system
services as described in the California Library Services Act;
ARTICLE III: MEMBERSHIP
Section 1. Members
The following public library agencies have joined the System: Amador
County Library, Calaveras County Library, Lodi Public Library, Merced County
Library, Stanislaus County Free Library, Stockton -San Joaquin County Public
Library, and Tuolumne County Free Library. Membership in this organization shall
be open to any library eligible to join Cooperative Library Systems as specified in
the California Library Services Act.
Section 2. Additional Members
Additional public and private libraries, such as university, college, school and
special libraries, may become Affiliate Members of the System if, in the opinion of
the Administrative Council, membership would be mutually beneficial.
Section 3. Withdrawal from Membership
a. Any participating agency may withdraw from membership in the System by
resolution of its governing body. Notice of withdrawal of any member of the System
will be given in writing to the Administrative Council on or before February 1 of the
current fiscal year.
49-99 Cooperative Library System
BYLAWS - June 8, 2007
b. Upon failure to pay dues on or before January 31 for the fiscal year for which
the dues are assessed, membership shall automatically terminate. Such termination
shall be effective thirty (30) days after a written notification of delinquency is given
personally or mailed to the chief officer of the member by the Chair of the
Administrative Council. Automatic termination may be avoided by paying
delinquent dues within that thirty -day period.
ARTICLE IV: ADMINISTRATIVE COUNCIL
Section 1. Governing Body
The System shall be governed by an Administrative Council composed of the
head librarian of each public library participating as a member of the System,
pursuant to Education Code section 18747(a). In addition, academic and other
libraries accepted as affiliates of the System by the Administrative Council may have
a representative.
Section 2. Voting
Each public and affiliate member library shall have one vote. Only
representatives of public library jurisdictions may vote on issues related to the
California Library Services Act. All members may vote on issues that do not relate
to the Act, including any fees, dues and/or assessments. In the case of unavoidable
absence from a meeting, the head librarian may designate an alternate to attend the
meeting and cast a vote.
Section 3. Policy and Duties
a. The Administrative Council shall establish policy and prepare plans for the
continued development and growth of the System within the provisions of the
California Library Services Act and within the rules and regulations adopted by the
Library of California Board. The Administrative Council shall direct, and through
System personnel or contractors, administer the program stipulated herein.
b. The Administrative Council shall contract for a Fiscal Agent and such other
contractors as deemed necessary by the Administrative Council. The Administrative
Council shall be responsible for the allocation, and through a Fiscal Agent for the
System, the disbursement of monies received from federal, state, and/or local
sources. The Fiscal Agent shall receive and disburse System funds as required in the
implementation of the California Library Services Act. The Administrative Council
shall appoint from among its members a liaison to maintain communication with the
Fiscal Agent.
49-99 Cooperative Library System
BYLAWS — June 8, 2007
C. The Administrative Council shall determine, if and when necessary for the
continued operation of the system, the frequency and amount of any assessment
required of its members. Notice of any assessment shall be given to all members at
least ninety (90) days before it is to take place. Each member's share shall be
determined by criteria determined by the Administrative Council. Failure to meet a
duly agreed assessment shall require withdrawal from the System by such member.
ARTICLE V: OFFICERS AND DUTIES
Section 1. Officers
a. The officers of this organization shall be a Chair and Vice-Chair/Chair-Elect,
elected from the Administrative Council
b. The office of Vice-Chair/Chair-Elect will rotate among the directors.
The rotation order shall be as follows:
Tuolumne
Stanislaus
Calaveras
Merced
Stockton -San Joaquin Co.
Amador
Lodi
No Chair or Vice-Chair/Chair-Elect shall succeed him/herself in office.
d. If for any reason the office of Chair falls vacant, the Vice-Chair/Chair-Elect
shall serve as Chair for the remainder of that term. If the office of Vice-Chair/Chair-
Elect becomes vacant, a special election shall be held to fill the office for the
remainder of the term.
Section 2. Duties of Officers
a. The Chair shall preside at all meetings of the Administrative Council.
b. The Chair shall appoint members to committees authorized by the Council.
C. The Chair shall be the authorized representative of the Council.
d. The Vice-Chair/Chair-Elect shall act in the absence of the Chair.
ARTICLE VI: MEETINGS
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BYLAWS —June 8, 2007
Section 1. Regular Meetings
Meetings shall be held at least four (4) times yearly.
Section 2. Determination of Meetings
The power to determine the date and place of Administrative Council
meetings shall be vested in the Council. The Administrative Council or Chair
thereof may set an alternate date provided that this new date is set at least fourteen
(14) days prior to the originally scheduled date. The Council may also meet upon
the call of the Chair, or upon petition of the majority of the members. The purpose
of the meeting shall be stated in the call. In cases of emergency, at least three (3)
days notice shall be given.
Section 3. Notice
Notice and agenda of each regular meeting of the Administrative Council
shall be in writing and transmitted at least seven (7) days prior to each meeting. In
cases of emergency, at least three (3) days notice shah be given.
Section 4. Quorum
At any regular meeting of the Administrative Council, a simple majority of
the total membership shall constitute a quorum. Provided, however, resolutions may
be passed by a majority of those present at the meeting.
ARTICLE VII: COMMITTEES
Section 1. Standing and Special Committees
Standing and spec;al committees maybe edablisked by the Administrative
Council as deemed necessary. Committees shall prepare recommendations and
reports for consideration and action by the Administrative Council. A liaison from
the Administrative Council to each Committee shall be appointed by the Chair and
will report and/or present the Committee recommendation(s) at each Administrative
Council meeting. The liaison serves in an ex officio capacity to the Committee.
Section 2. Committee Membership
Member library staff and Advisory Board members are encouraged to serve
on committees. The Administrative Council Chair shall serve as an ex officio
member of all standing committees. System personnel and/or contractors may serve
as ex officio members of committees.
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BYLAWS — June 8, 2007
ARTICLE VIII: ADVISORY BOARD
Section 1: Composition and Voting
The governing body of each public library member shall appoint one
Advisory Board member. The appointing jurisdiction shall ensure that members of
the Advisory Board are representative of the public -at -large and of the underserved
residents in the system service area. Each member jurisdiction shall have one vote to
be cast by its representative.
Section 2. Term of Office
The term of any member of the Advisory Board shall be for two years, and
each member shall serve no more than two consecutive terms.
Section 3. Duties
The duties of the System Advisory Board shall include the following: assist
the Administrative Council in the development of the Plan of Service; advise the
Administrative Council on the need for services and programs; and assist in the
evaluation of services provided by the System.
Section 4. Meetings
The Advisory Board meets at least once a year, generally in conjunction with
an Administrative Council meeting. The Advisory Board establishes its own agenda,
elects its own officers, and records its own minutes. The Advisory Board Chair may
give a report at the Administrative Council meeting and Advisory Board minutes
may be distributed with the Administrative Council agenda packet.
ARTICLE IX: SYSTEM STRUCTURE AND ORGANIZATION
Section 1. System Personnel
The System shall employ such professional, clerical and operating staff
and/or contractors and consultants as deemed necessary by the Administrative
Council. System personnel and/or contractors shall be selected according to job
description and recruitment announcements approved by the Administrative Council.
The Administrative Council shall approve appointments of personnel and/or
contractors.
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49-99 Cooperative Library System
BYLAWS - June 8, 2007
Section 2. Travel Expense
The Administrative Council shall establish and maintain a schedule of
reimbursements for authorized travel expenses for the Administrative Council,
System personnel, contractors, and Advisory Board members. The Council Chair
and members of the Council may receive reimbursement for extraordinary expenses
incurred in the fulfillment of System responsibilities at the discretion of the Council.
Section 3. Ownership and Distribution
Any materials and equipment purchased for a member library with System
funds shall remain the property of that library. System property shall be distributed
on an equitable basis as determined and agreed to by the Administrative Council.
This determination shall be recorded in the minutes of the Council.
ARTICLE X: PARLIAMENTARY AUTHORITY
Section 1. Parliamentary Procedure
To the extent not determined by these Bylaws the Administrative Council
shall be governed in all its meetings by parliamentary procedure as contained in
Robert's Rules of Order (current edition).
Section 2. Amendments
Amendments to these Bylaws may be made at any meeting of the
Administrative Council by a two-thirds (213) vote of those present, after notification
in writing to each member at least two (2) weeks prior to the meeting at which the
voting is to take place.
Bylaws Adopted: June 8, 2007
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