Section II: Board Organization

RIGHTS AND COMMIMENTS 

Establishment 

The Addison Public Library is established under the Illinois Local Library Act (75 ILCS 5). The Board of Trustees is established as the authority to operate the Addison Public Library in accordance with bylaws and Board policies. 

The Addison Public Library business shall be conducted in accordance with the laws of this state, bylaws, Board policies, and generally accepted business practices that shall accomplish the Addison Public Library mission. 

Board Member Commitment 

Serving as a Board member of the Addison Public Library involves the following commitments: 

  • Adherence to the Addison Public Library’s mission; 
  • Preparation, attendance and active participation in all of the Board’s meetings; 
  • Notification of anticipated absence to the President or Director; 
  • Active participation in at least one committee; 
  • Action taken only with the full Board, not individually, unless authorized to do so by the full Board; 
  • Spokesperson for the full Board only when the full Board sanctions that Board member to do so. 

Board Delegation of Policy Interpretation to Staff and Public 

The Board delegates to the Director responsibility for policy interpretation to the staff and public and for rule making, issuance of procedural directives and guides not specifically covered or detailed in the Board Policy Manual. Such interpretations, rules, and directives have the force of Board regulations unless and until superseded by Board action. 

Board Member Rights 

Members of the Addison Public Library Board are granted certain specific rights. All Board members have the right to: 

  • Receive notice of Board meetings and the agenda; 
  • Attend and participate in Board meetings; 
  • Examine Addison Public Library’s books, records, meeting minutes, financial statements and contracts; 
  • Place items on the Board meeting agenda at the appropriate time. 

RESEARCH 

Board Directed 

Members of the Addison Public Library Board of Trustees conducting research at the request of the majority of the Library Board of Trustees will receive all necessary photocopies free of charge. Board of Trustees Policies | Revised 8/19/2014 

Independent 

Members of the Addison Public Library Board of Trustees conducting independent research for any purpose, other than as stated above, are subject to all services, regulations, and fees governing the actions of any member of the public conducting research for any purpose. 

ETHICAL OBLIGATIONS 

The Addison Public Library Board of Trustees adheres to the “Ethics Statement for Public Library Trustees” of the American Library Association: 

  • Trustees, in the capacity of trust upon them, shall observe ethical standards with absolute truth, integrity and honor. 
  • Trustees must avoid situations in which personal interests might be served or financial benefits gained at the expense of the library users, colleagues, or the situation. 
  • It is incumbent upon any trustee to disqualify himself/herself immediately whenever the appearance of a conflict of interest exists. 
  • Trustees must distinguish clearly in their actions and statements between their personal philosophies and attitudes and those of the institution, acknowledging the formal position of the Board even if they personally disagree. 
  • A trustee must respect the confidential nature of library business while being aware of and in compliance with applicable laws governing freedom of information. 
  • Trustees must be prepared to support to the fullest the efforts of librarians in resisting censorship of library materials by groups or individuals. 
  • Trustees who accept library Board responsibilities are expected to perform all the functions of library trustees. 

The following Regulations, as stated in Addison Public Library Resolution # 2004/05 – 004 are hereby adopted in compliance with the requirements of Article 70 to the State Officials and Employees Ethics Act, (5 ILCS 430). 

DEFINITIONS 

For purposes of this policy, the following terms shall be given these definitions: 

  • "Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties. 
  • "Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the Election Code (10 ILCS 5/1-3). 
  • "Collective bargaining" has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3). 
  • "Compensated time" means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Resolution, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. 
  • "Compensatory time off" means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment. 
  • "Contribution" has the same meaning as that term is defined in section 9-1.4 of the Election Code (10 ILCS 5/9-1.4). 
  • "Employee" means a person employed by the Addison Public Library, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor. 
  • "Employer" means the Addison Public Library. 
  • "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. 
  • "Leave of absence" means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer. 
  • "Officer" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. 
  • "Political activity" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties. 
  • "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk. 
  • "Prohibited political activity" means: 

(1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. 

(2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. 

(3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. 

(4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. 

(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. 

(6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question. 

(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. 

(8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question. 

(9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. 

(10) Preparing or reviewing responses to candidate questionnaires. 

(11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question. 

(12) Campaigning for any elective office or for or against any referendum question. 

(13) Managing or working on a campaign for elective office or for or against any referendum question. 

(14) Serving as a delegate, alternate, or proxy to a political party convention. 

(15) Participating in any recount or challenge to the outcome of any election. 

  • "Prohibited source" means any person or entity who: 

(1) is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee; 

(2) does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee; 

(3) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or 

(4) has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee. 

PROHIBITED POLITICAL ACTIVITIES 

  • No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the Addison Public Library in connection with any prohibited political activity. 
  • At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee's duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off). 
  • No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. 
  • Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Resolution. 
  • No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. 

GIFT BAN 

Except as permitted by this Article, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section. 

Exceptions. The Gift ban, as outlined above, is not applicable to the following: 

(1) Opportunities, benefits, and services that are available on the same conditions as for the general public. 

(2) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value. 

(3) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate. 

(4) Educational materials and missions. 

(5) Travel expenses for a meeting to discuss business. 

(6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiancé or fiancée. 

(7) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. 

(8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. 

(9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. 

(10) Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intra-governmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. 

(11) Bequests, inheritances, and other transfers at death. 

(12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. 

Each of the exceptions listed is mutually exclusive and independent of every other. 

An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this policy if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. 

ETHICS ADVISOR 

The President of the Board of Trustees, with the advice and consent of the Board of Trustees shall designate an Ethics Advisor for the Addison Public Library. The duties of the Ethics Advisor may be delegated to an officer or employee of the Addison Public Library unless the position has been created as an office by the Addison Public Library. 

The Ethics Advisor shall provide guidance to the officers and employees of the Addison Public Library concerning the interpretation of and compliance with the provisions of this Resolution and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the Board of Trustees. 

PENALTIES 

A person who intentionally violates any provision of the Prohibited Political Activities portion of this policy may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. 

A person who intentionally violates any provision of the Gift Ban portion of this policy is subject to a fine in an amount of not less than $1,001 and not more than $5,000. 

Any person who intentionally makes a false report alleging a violation of any provision of this policy to the local enforcement authorities, the State's Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. 

(d) A violation of the Prohibited Political Activities portion of this policy shall be prosecuted as a criminal offense by an attorney for the Addison Public Library by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. 

A violation of Article 10 of this Resolution may be prosecuted as a quasi-criminal offense by an attorney for the Addison Public Library, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure. 

In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of the Prohibited Political Activities or Gift Ban portions of this policy is subject to discipline or discharge. 

CONFLICT OF INTEREST 

A. Illinois Governmental Ethics Act [5 ILCS 420/] 

All elected officials, candidates for office, and certain appointed officers and employees of the Addison Public Library, as set forth in the Illinois Governmental Ethics Act, shall file by May 1 annually the Statement of Economic Interest in the form set forth by statute. 

B. No Interest in Contracts-Exceptions 

No person holding any office either by election or by appointment within the Addison Public Library may be in any manner interested, either directly or indirectly, in the officer’s own name or in the name of any other person, association, trust or corporation, in any contract or the performance of any work in the making or letting of which such officer may be called upon to act or vote. No such officer may represent, either as agent or otherwise, any person, association, trust or corporation, with respect to any application or bid for any contract or work in regard to which such officer may be called upon to vote. Nor may any such officer take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value as a gift or bribe or means of influencing the vote or action in his official character. Any contract made and procured in violation hereof is void. 50 ILCS 105/3(a). 

The following are exceptions to the foregoing general rule: 

1. provision of materials, merchandise, properties, services, or labor by an interested official if 

a. the ownership interest of that person is less than seven and one-half percent; 

b. the interested member makes public disclosure of the nature and extent of the interest before or during deliberations concerning the award of the contract; 

c. the interested member abstains from voting; 

d. the contract is approved by a majority vote of the corporate authorities; 

e. the contract is awarded after sealed bids to the lowest responsible bidder if exceeding $1,500, but may be awarded without bidding if the amount is less than $1,500; and 

f. the award of the contract would not cause the aggregate amount of all contracts so awarded to exceed $25,000 in the same fiscal year; 

2. provision of materials, merchandise, property, services, or labor if 

a. the award of the contract is approved by a majority vote of the governing body of the municipality with the interested member abstaining from voting; 

b. the amount of the contract does not exceed $2,000; 

c. the award of the contract would not cause the aggregate amount of all contracts so awarded in the same fiscal year to exceed $4,000; and 

d. the interested member publicly discloses the nature and extent of interest and abstains from voting on the award; 

3. deposit of money, loans, or other financial services with a local bank or savings and loan association as long as the interested official’s ownership interest is less than seven and one-half percent of the bank or savings and loan association (this exception also requires public disclosure of the nature and extent of the interest and abstention from participation or vote on any proposed contract); and 

4. a contract for the procurement of public utility services as long as the interested person has no more than seven and one-half percent ownership interest in the public utility company or the municipality has a population of less than 7,500 and the public utility’s rates are approved by the Illinois Commerce Commission. 

ANNUAL MEETING 

There shall be an annual meeting of the Board held in May of each year. At this meeting the Board shall elect officers for the new fiscal year. 

The following resolutions shall also be approved: 

  • Resolution authorizing transfer of amount without increasing the total appropriation for the preceding fiscal year; 
  • Resolution comprising statement of financial requirements of the library for inclusion in the appropriation of the corporate authority for library purposes for new fiscal year and statement as to accumulations and reason therefor; 
  • Resolution amending building plan, providing for accumulation of funds, and authorizing expenditure from reserve fund for building purposes. 

In addition, the Board shall examine the preceding fiscal year’s annual report and select Board meeting dates as well as library depositories and related signatories for the new fiscal year. 

MEETING ATTENDANCE REQUIREMENT 

It is the policy of the Addison Public Library Board that Board members must attend meetings to maintain governance continuity, to be fully informed about the issues on which they shall vote, and to meet their responsibility to contribute to the decisions the Board is required to make. 

If a Board member shall be absent from all or part of any meeting, the Board member is expected to contact the Board President or the Director as soon as the need to be absent is known. 

COMPENSATION AND EXPENSES 

In accordance with 75 ILCS 5/4-5, Trustees shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties from library funds. 

Travel Reimbursement 

Within the constraints of each year’s annual budget, the library will pay the cost of travel, conference, and meeting expenses so long as the travel, conference, or meeting clearly serves the objectives of the library. Board members may be reimbursed only for out-of-pocket expenses actually incurred. Original receipts must document claimed expenses where possible. 

No expenses shall be reimbursed for friends or relatives accompanying a Board member on Addison Public Library business. No expenses shall be reimbursed for non-business-related travel or extension of stay beyond completion of the business of the Addison Public Library. 

All taxi fares, parking expenses, and highway tolls incurred as a result of library travel will be reimbursed. Expenses for meals and lodging incurred as a result of library travel will be reimbursed at the same rate of reimbursement extended to library employees, as outlined in Section 5 of the Addison Public Library Personnel Policy Manual. 

ERRORS AND OMISSIONS INSURANCE 

It is the policy of the Addison Public Library to provide the directors’ and officers’ liability insurance. Insurance requirements shall be reviewed each time the policy is due for renewal. 

BOARD LEGAL COUNSEL 

The Board shall designate legal counsel to serve the needs of the Addison Public Library. Legal counsel may be asked to attend Board meetings by request of a majority of the Board members or at the mutual agreement of the Board President and the Director. 

Only the Board President, the Director, or their designee may contact legal counsel on behalf of the Board. Costs billed to the Addison Public Library and associated with individual Board members contacting legal counsel, auditors, or other professional consultants without specific authority from the Board of Trustees shall be billed to the Board member making the unauthorized contact. 

BOARD CORRESPONDENCE 

Correspondence from the Board shall be by the authority of the Board President. Except for reports that are legally required to be sent under the secretary’s or treasurer’s name, all correspondence from the Board shall be signed by the President. All correspondence from the Board shall be written on Addison Public Library stationery and shall be prepared by the office of the Director. Use of the Addison Public Library letterhead shall be limited to official library business only. 

The Addison Public Library web site will contain a link to offer direct contact with the full Board. The Board President will acknowledge all communication regarding the library that is sent through the Board of Trustees link. When appropriate, the topic of the communication will be added to the next month’s agenda. 

No material or information disclosed in executive sessions of the Board shall be released except as provided by law. 

ORIENTATION AND DEVELOPMENT 

The Addison Public Library Board believes that professional development for Board members is vital to good governance of the Addison Public Library. Therefore, new Board members shall be given within 40 days of election or appointment a thorough orientation about Addison Public Library, Board operations, finance, Board ethics, responsibility, and liability. 

The Board shall also include in the annual budget of the Addison Public Library a line item for Board development. The line item shall be used to pay for publications and materials to assist the Board to learn the job, training, and in-service programs oriented to Board operations and travel to conferences and conventions that shall assist Board members to develop their governance skills. 

MANAGEMENT OF PUBLIC COMPLAINTS 

When a Trustee is contacted by a member of the general public who has a concern or complaint about the Addison Public Library or persons within Addison Public Library, the Board member needs to report that communication directly to the Director or advise the person about the formal complaint process. The Board member shall follow these guidelines: 

  • Remember that individual Board members have no power or authority to speak or act for the full Board. 
  • Listen to the person’s concern; 
  • Express a desire to reach a satisfactory solution; 
  • Explain that the Board and management have established a process for handling concerns, which starts with the person most immediately responsible. Suggest that the concern be discussed with the person immediately responsible; 
  • Refer public complaints to the official complaint forms available at the library public service desks or to the link to the Board of Trustees on the library website. One form is for dealing with challenged materials; the other is for all other issues; 
  • Inform the Director of the complaint or concern. 

Guidelines for Processing Public Complaints 

From time to time situations may occur that create legitimate complaints on the part of the public or constituents relative to the Addison Public Library. Complaints must be aired so that all sides of the issue may be heard and a rational procedure/solution found. 

Anyone having a complaint, therefore, is encouraged to file a complaint. Forms are available at all public service desks in the library. The person originating the complaint must sign all complaint forms. The nature of the complaint should be stated as well as the relief sought. 

Process for Dealing with Complaints Other Than Challenged Library Materials 

1. The complaint form shall be filed with the Director. 

2. Where appropriate, the Director shall refer the complaint form to the relevant Department Head. 

3. The Director will secure a resolution or response to the complaint. 

4. The Board will be informed about the complaint and the proposed remedy. 

[See Materials Selection Policy for process for dealing with challenged materials.]