HomeMy WebLinkAboutA001 - Cover letter for proposed ordinance 3
# Cite Attorney's Office
515 Clark Avenue,P.O.Box 811
Ames, IA 50010
Phone: 515-239-5146 0 Fax: 515-239-5142
February 5, 2010
The Honorable Ann Campbell, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Ordinance Amending the Terms, Powers, and Duties of Library Trustees
Dear Mayor Campbell and Council Members:
At the City election last November, voters approved proposals to revise the composition, manner of
selection, and charge of the Board of Trustees of the Ames Public Library. The first proposal
approved by the voters changes the terms of trustees. The current term is six years with no eligibility
for reappointment. The revised term will be three years with eligibility for two full consecutive terms.
The second revision authorizes the Board of Trustees to delegate to the Librarian the authority to hire
employees and select materials, furnishings, and supplies for the Library.
In order to implement those revisions,it is now appropriate to amend the Municipal Code to conform
with the language approved by the voters. The attached ordinance accomplishes that by making the
following changes to the Code:
Sec. 15.1. COMPOSITION OF BOARD OF TRUSTEES.
The board of trustees of the Ames public library consists of nine (9) members,nont
of whoin shall be icappointed.
Sec. 15.2. APPOINTMENT,TERM OF TRUSTEES.
Be inning in 2010 a*]] members of the board of trustees of the public library shall be
appointed by the mayor,by and with the approval of the city council,and the teen of office for
each trustee shalt be for a six(6j three 3 year period. Terms beginning on�pri1 July 1 of the
year of appointment. No member shall serve more than two full consecutive terms.
Sec. 15.7. POWERS, DUTIES OF TRUSTEES.
The board of library trustees has and exercises the following powers:
(1) To meet and organize by the election of one of their number as president of the
board, and by the election of a secretary and such other officers as the board may deem
necessary.
(2) To have charge,control and supervision of the public library, its appurtenances
and fixtures, and rooms containing the same, directing and controlling all the affairs of such
library.
(3) To employ a librarian and authorize the librarian to employ;such assistants and
employees as may be necessary for the proper management of the library, and fix their
compensation; provided however, that prior to such employment, the compensation of such
librarian, shall be fixed for the term of employment by a majority of
the members of the board voting in favor thereof.
(4) To remove such librarian,assistants,or employees by a vote of two-thirds(2/3)
of such board for misdemeanor,incompetency,or inattention to the duties of such employment.
(5) To select or authorize the librarian to select and make purchases ofivoksj
Pamphlets, Maps'jotltnals. Iibrail materials for the collection,
furniture, fixtures, stationery, and supplies for such library.
(6) To authorize the use of such libraries by nonresidents of the city and to fix
charges therefor.
(7) To make, adopt, amend, modify, or repeal bylaws, rules and regulations, not
inconsistent with law, for the care, use, government and management of the library and the
business of the board, and fixing and enforcing penalties for the violation thereof.
(8) To have exclusive control of the expenditures of all portions of the municipal
enterprise fund of the city allocated for library purposes by the council,and of the expenditure
of all moneys available by gift or otherwise for the erection of library buildings,and of all other
moneys, including fines and rentals collected under the riles of the board of trustees.
(9) To accept gifts of real property, personal property, or mixed property, and
devises and bequests,including trust funds;to take the title of said property in the name of said
library; to execute deeds and bills of sale for the conveyance of said property; and to expend
the funds received by them from such gifts for the improvement of said library.
If adopted by Council, the ordinance will allow for the appointment this spring of three members to
serve terms of one year,three members to serve terms of two years,and three members to serve terms
of three years. None of the current members of the Board of Trustees have terms that will expire in
2010. To maintain continuity,those three trustees whose terms currently are set to expire in April of
2011 could be appointed to terms that would end in June of 2011. The three trustees whose terms
currently are set to expire April of2013 could be appointed to terms that would end June of2012. The
three trustees whose terms currently are set to expire April of 2015 could be appointed to terms that
would end in June of2013. All would be eligible upon expiration of their terms to an additional term
of three years since none would have previously served two complete consecutive terms.
At their meeting January 21,the Board of Trustees passed a resolution recommending adoption of this
ordinance. I also urge the Council to adopt the ordinance as written.
Yours truly,
Douglas R. Marek
City Attorney
Attachment
c: Diane Voss
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