Board of Trustees
The Henry County Library is governed by a Board of Trustees consisting of five members appointed by the Henry County Commissioners. Current Henry County Library Board members:
President - Tim Komer
Vice President - Patty Dump
Treasurer - Luke Edwards
Secretary - Shelly Acosta
Trustee - Kathy Cooper
To get in touch with the Henry County Library Board, please email the library at hcl@henrycolib.org. Members of the community are also welcome to attend board meetings which are generally held the last Tuesday of the month at 4:00 PM at the Clinton location.
Board of Trustees By-Laws
BOARD OF TRUSTEES
Section 1. Trustee Qualifications. The Henry County Library, established at an election held in Henry County, Missouri, on April 2, 1946, shall be governed by a Board of Trustees, consisting of five (5) members to be appointed by the Henry County Commission. Appointees must be at least eighteen (18) years of age and shall be residents of Henry County, none of whom shall be an elected official. No member of the board shall receive compensation for serving.Section 2. Term of Office. The members shall serve for terms of four (4) years each or until a successor is named by the Henry County Commission. Term of office shall begin July 1 except for those appointed to fill vacancies. A partial term shall coincide with that of the board member originally filling the position.
Section 3. Resignations, Vacancies, and Removal of Trustees. Vacancies in the Board of Trustees caused by resignations or otherwise shall be reported to the Henry County Commission, and the Board of Trustees shall be filled in like manner as original appointments. The Henry County Commission may remove any member from the Board of Trustees for misconduct or neglect of duties. The Commission will consider removal of a member from the board who misses three (3) or more consecutive meetings without prior notification.
Section 4. Duties of the Board of Trustees. The Henry County Library Board of Trustees shall:
A. Determine the policies under which the library will operate. A list of policies in force will be maintained as an appendix to these by-laws.
B. Select and appoint a Library Director.
C. Advise in the preparation of the budget, approve it, and make sure that adequate funds are provided to finance the approved budget.
D. Through the Library Director, supervise and maintain buildings and grounds, as well as regularly review various physical and building needs to see that they meet the requirements of the total library program.
E. Study and support legislation which will bring about the greatest good to the greatest number of libraries.
F. Cooperate with other public officials and boards and maintain vital public relations.
Section 5. Conflict of Interest. A conflict of interest exists with respect to a given matter if a member of the Board of Trustees or any committee has a financial or fiduciary interest in an organization or person that would be affected by the action of the Board of Trustees. No member shall act upon or decide any matter with respect to which he or she has a conflict of interest. Anyone who believes that he or she has a conflict of interest on any matter should announce to the Board of Trustees the existence of the conflict of interest prior to entering into any discussion on the matter and should abstain from voting on the matter.
Section 6. Officers, Election and Terms. The officers of the Board of Trustees shall be a President, Vice President, Secretary, and Treasurer who shall be elected annually at the July board meeting and shall hold office for a period of one (1) year. Any vacancies occurring in the foregoing offices shall be filled in like manner at any regularly scheduled or specifically called meeting. The board, at its discretion, may delegate the duties of the Treasurer and/or Secretary.
Section 7. President, Duties of. The President shall be the chief executive of the Henry County Library and in general do all things customarily provided by said office. It shall be the duty of the President to preside at all meetings of the board, to appoint all committees, to serve as ex-officio member of all committees of the board, to become the second co-signer on checks in the absence of the Treasurer, to sign paperwork and contracts, and to perform all duties provided by law. The President shall exercise the right to cast a vote as a board member to break a tie vote or to satisfy a quorum.
Section 8. Vice-President, Duties of. The Vice-President shall assume the duties of the president in the President’s absence. In the absence of both the President and Vice-President the members present shall select a President Pro Tem.
Section 9. Secretary, Duties of. The Secretary shall keep a true and accurate account of all board meeting proceedings which shall be kept on file in the Director’s office located at 123 East Green Street, Clinton, Missouri, following approval of the Board of Trustees. The Secretary may delegate this responsibility to a Henry County Library staff member.
Section 10. Treasurer, Duties of. The Treasurer shall be the disbursing officer of the board and supervise the finances of the Henry County Library. The Treasurer may delegate normal supervision of financial duties to the Director of the Henry County Library, who shall present to the board a complete financial report at its regular meetings.
Section 11. Indemnification. The Henry County Library will defend, indemnify, and hold harmless any one (1) or all the Trustees of the Henry County Library for any mistake of judgment or other action taken in good faith by the trustees in performance of their statutory duties.
The foregoing right of indemnification shall be in addition to, and not exclusive of, all other rights to which a trustee might be entitled.
The Board of Trustees of the Henry County Library may, at its discretion, authorize the purchase of a policy or policies of insurance against liability of the board to indemnify board members and employees designated by the board, which shall contain such terms and conditions, as the board may deem appropriate to the extent and in the manner permitted by law.
MEETINGS OF THE BOARD OF TRUSTEES
Section 1. Regular Meetings. The regular meetings of the Board of Trustees shall be held at the library headquarters, 123 East Green Street, Clinton, Missouri on the last Tuesday of each month at 4:00 PM or at such other place and time as determined by the board. A minimum of ten (10) meetings will be held each year.Section 2. Notice of Meetings. Notice of regular meetings shall be given either in writing, by telephone, or by email to every member of the board at least three (3) days before the date of said meeting. Public notice shall be posted at the headquarters and all branches at least twenty-four (24) hours before the meeting time.
Section 3. Special Meetings. Special meetings may be called by the President or at the request of any two (2) members of the board. No business shall be transacted at said special meetings except as stated in the call without the unanimous consent of all members of the board. One (1) day notice shall be given prior to any such special meeting. Public notice shall be posted at the headquarters and in all branches at least twenty-four (24) hours before the meeting time.
Section 4. Executive Sessions. An executive session may be requested by the President or any other member of the board or the Director. Only those items as defined by law may be discussed during an executive session, i.e., personnel matters, real estate transactions, and litigation.
Section 5. Quorum. A simple majority of three (3) of the board shall constitute a quorum for the transaction of business at all meetings of the board.
Section 6. Electronic/Telephonic Meetings. The board or its committees may conduct meetings using electronic communication including, but not limited to, telephone or video conference in compliance with the requirements of Chapter 610 RSMo.
Section 7. Order of Business. The order of business at all regular meetings of the board shall be as follows:
A. Attendance
B. Approval of Agenda
C. Approval of the Minutes
D. Treasurer’s Report/Approval of Disbursements
E. Communication and Correspondence
F. Director’s Report
G. Old Business
H. New Business
I. Executive Session
The foregoing order of business may be suspended or varied at any meeting by a majority vote of those present.
Section 8. Public Comment. All speakers must ask to be placed on the agenda for public comment. Public comments are limited to three (3) minutes per speaker unless a different time limit is announced by the Library Board President. The total time allotted for all public comments is thirty (30) minutes. The speaker must state their name for the record and then address the library board members. All speakers shall observe civility, decorum, and good behavior. A speaker’s time may not be allotted to another person. The library board will not engage in conversation unless it shall be to clarify questions. No action will be taken during the meeting, and no items or services will be pulled while under review.
Section 9. Conduct of Meetings. In all matters of procedures not specifically covered herein, the board shall be guided by Robert’s Rules of Order.
LIBRARY DIRECTOR
Section 1. Director, Employment, and Compensation. The Board of Trustees shall have the power to hire, evaluate, and discipline the Director under general personnel policies as established by the board. Annual evaluations of the Director shall be conducted by the Board of Trustees.Section 2. Director, Requirements of. The Director must hold a college degree in Library Information Sciences (MLIS, MLS) or have 10+ years’ experience in a library fields supervisory position; or an equivalent of education and experience that satisfies the Board of Trustees. The Director must reside in Henry County, Missouri.
Section 3. Director, Duties of. The board shall appoint as Director a duly qualified and competent individual who has had professional training and experience. The Director shall be considered the executive officer of the Board of Trustees and shall have sole charge of the administration of the Henry County Library under the direction and review of the board. The Director shall be held responsible for the care of the building and equipment, for the employment and direction of the staff, for the efficiency of the library’s service to the public, and for the operation of the library under the financial conditions set forth in the annual budget. The Director shall be responsible for upholding the policies and procedures set forth in the Policy and Procedure Manual of the Henry County Library. The Director shall attend all board meetings except those at which his or her appointment or salary is to be discussed or decided.
COMMITTEES
Section 1. Committees. The President shall appoint such standing or temporary committees as may seem advisable.Section 2. Meetings. Each committee shall be subject to call from its respective chairperson. Reasonable notice of all committee meetings shall be given to committee members and the President.
FINANCES
Section 1. Fiscal Year. The fiscal year of the library shall be from January 1 to December 31.Section 2. Tax Hearing. The board shall hold a public meeting in August of each year prior to establishing the tax rate for the Henry County Library. The tax rate must be set prior to the budget meeting.
Section 3. Gifts. The Board of Trustees is authorized to receive gifts, bequests, and donations of money, subject to review by the gifts committee.
Section 4. Budget. At its meeting in October and November of each year, or at a subsequent meeting if necessary, the Board of Trustees shall adopt the budget for the ensuing fiscal year. Expenditures shall be made only in accordance therewith, except as subsequent changes may be made by the board.
Section 5. Accounts. A chart of accounts shall be kept with codes assigned to each budget and liability item to ensure that the unexpended balance, if any, may be readily verified.
AUDIT
Section 1. Audit. An audit of the books and accounts of the library shall be made at least annually by a certified public accounting firm appointed by the board. The accountant’s report shall be made to the board and shall be made a part of the annual report to the Henry County Commission.REPORTS
Section 1. Reports. The board, with the assistance of the Director, shall submit an annual report to the Henry County Commission on or before July 30, stating the condition of the library on the last day of December of the previous year.AMENDMENTS
Section 1. Amendments. These by-laws may be amended, effective immediately, in whole or in part, at any regular or special meeting upon the affirmative vote of a majority of three (3) members of the board, provided the proposed amendment shall have been presented at one meeting preceding the vote thereon.Board of Trustees Policies
BID PROCEDURES
Section 1. Legislative Requirements. All purchases of investments made by the Henry County Library shall conform to the appropriate Missouri State Statutes, including but not limited to, conflict of interest, prevailing wage, or investment of funds.Section 2. Basic Requirements. All vendors providing services on library property shall provide the Library District with:
A. Proof of general liability and property damage insurance.
B. Proof of commercial vehicle liability insurance.
C. Proof of workers compensation coverage.
D. Other insurance as appropriate to the undertaking.
Section 3. Projects Costing $10,000 or More. If the estimate of probable cost reaches or exceeds $10,000, representatives of the Henry County Library shall, unless otherwise directed by the Board:
A. Prepare or have prepared by the appropriate professional source specifications for completing the project in an efficient and timely manner.
B. Advertise the project in at least one (1) daily newspaper in the Henry County area at least one (1) week prior to the bid opening.
C. Notify qualified vendors chosen by the Henry County Library of the opportunity to submit a response to the proposal.
D. Require bid security in the form of a bid bond or cashier’s check of not less than 5% of the bid amount.
E. Open and read responses at a meeting available to the public.
F. Refer responses to the board for action.
Section 4. Projects Costing More than $5,000 but Less than $10,000. If the estimate of probable cost is more than $5,000 but less than $10,000, representatives of the Henry County Library shall either prepare specifications for bid purposes or seek competitive quotes. At least three (3) vendors will be contacted. The requirement for three (3) vendors may be waived if:
A. It is determined that there are fewer than three (3) vendors qualified to provide the service.
B. Quotations have been received within the last twenty-four (24) months which can be used as the basis for awarding the project.
C. Recurring purchases are to be made and the company chosen has been previously selected on the basis of the procedures outlined.
Section 5. Projects Costing Less than $5,000. The same procedures will be followed as in Section 4. The requirement of securing multiple quotes may also be waived when:
A. The dollar amount of the project is so low as to limit interest in the bid process by multiple vendors.
B. Staff time to secure bids is not cost effective.
C. Knowledge or experience enables the Board of Trustees and/or Director to judge the probable outcome of the competitive pricing process.
Section 6. Single Source Vendors. If it is determined that there is a single source for the product desired, the bid procedure may be waived, and representatives of the library shall negotiate directly with the source.
Section 7. Emergencies. The bid procedure may be waived in emergencies involving the safety of individuals or where significant damage or disruption of service would occur if corrective action is not taken quickly. If the emergency does not allow sufficient time for advertising or to seek competitive bids, a complete report shall be presented to the board at the next regular or special meeting.
PROFESSIONAL SERVICES or CONTRACTED SERVICES
Section 1. Professional Services or Contracted Services. It shall be the policy of the Henry County Library to negotiate for professional services, including, but not limited to, architectural, engineering, legal, audit, insurance brokerage, and employee benefit consultation on the basis of demonstrated competence and qualifications for the type of services required. Such services shall be provided at fair and reasonable prices.Unless the context specifically requires otherwise, “firm” means any individual, partnership, corporation, association, or other legal entity permitted by law to practice the profession required and provide said services.
Whenever a project or program requiring professional service is contemplated by the Henry County Library, the district shall evaluate current statements of qualifications and performance data of firms on file, together with those that may be submitted by the other qualified firms. In evaluating the qualifications of each firm, the Henry County Library shall use the following criteria:
A. The specialized experience and technical competence of the firm with respect to the type of services required.
B. The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project.
C. The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules.
D. Insurance as appropriate to the underrating, i.e., professional liability (errors and omissions).
A limited number of firms considered the better qualified and capable of performing the desired work will be selected for personal interviews.
If the district is unable to negotiate a contract with the firm or firms first selected, the procedure as described above will be applied to the other firms interviewed. If the district is unable to negotiate a contract within the firms interviewed, the procedure as described will start from the beginning.
DISBURSEMENTS
Section 1. Disbursements. Checks may be issued throughout the year.A. All expenditures will be within the budget limits.
B. Payments will be limited to usual or recurring items; expenditures for new programs resulting in ongoing commitments will be presented to the Board of Trustees for prior approval.
C. Items in excess of $5,000 shall be presented to the Board of Trustees for general approval prior to purchase except in an emergency. In an emergency, the procedures outlined in the board policy on Bid Procedures, Section 7 (Emergencies), shall be followed.
D. A list of all checks, including check numbers, payees, and amount of the payment, will be prepared following month end and will be available for examination by the Board of Trustees at the next regular monthly meeting. The list will be reviewed by the Treasurer prior to disbursement.
SALE OF REAL PROPERTY
Section 1. Sale of Real Property. In the event the board determines that it is in the best interest of the Henry County Library to sell any real property owned by the district, the board will normally follow the bid procedure set forth in Section 2 (Bid Procedures). However, when the property to be disposed of is part of a larger tract and a remainder portion is being retained by the district, or when unique circumstances such as zoning, availability of utilities, surface water and/or sanitary sewer disposition, environmental problems, topographic problems, perceived difficulty of sale, or other circumstances which cannot be adequately addressed by bid procedure are present, the board may elect to negotiate the sale of the property pursuant to Section 3 (Negotiated Sale).Section 2. Bid Procedures.
A. The Board shall secure an appraisal from a competent real estate appraiser prior to the public bid opening and within twelve (12) months of the anticipated date of disposition.
B. Notice of the invitation to submit sealed bids shall be published in the same manner as the district publishes notices inviting bids on construction or other projects. In addition to the formal publications of notice, direct mail information may be sent to other likely interested parties.
C. All bids shall be opened at a public meeting and a record retained.
D. The board may submit property for sale subject to proposed deed restrictions to protect perceived library interests.
E. The board may authorize bids to be based upon contingencies, i.e., zoning, soil inspection, etc.
F. The board shall have the power to accept the highest and best bid, to reject all bids, or, if desired, negotiate for more favorable terms of sale.
Section 3. Negotiated Sale.
A. The board shall secure an appraisal from a competent real estate appraiser which shall be dated within twelve (12) months of the anticipated date of disposition.
B. The board shall make every reasonable effort to advise parties who are likely to be interested in the purchase of the property of its availability and the terms of its disposition.
C. The board may submit property for sale subject to proposed deed restrictions to protect perceived library interests.
D. The board may approve contingencies in a sales contract, i.e., zoning, soil inspection, etc. The decision of the board to accept a negotiated contract shall be based, among other things, upon the price to be paid and the conditions of the sale and the proposed use to which the property will be devoted following the sale.
Section 4. Real Estate Consultants. The board, in connection with the disposition of real property by bid procedure or by negotiated sale, may employ a real estate consultant pursuant to the provisions of Policy 2 (Professional Services or Contracted Services) and may pay compensation in the form of commission and/or hourly compensation for said services.
CODE OF ETHICS
This policy will become effective when the library’s operating budget is in excess of one million dollars ($1,000,000) per year.Section 1. Conflict of Interest. To avoid possible conflicts of interest:
A. All members of the Board of Trustees of Henry County Library will comply with Section 182.050 RSMo relating to county library boards and with Sections 105.452, 105.454, and 105.458 of RSMo relating to conflicts of interest for public officers and employees, as well as any other state law governing official conduct.
B. All employees of Henry County Library will comply with Sections 105.452, 105.454, and 105.458 of RSMo relating to conflicts of interest for public officers and employees, as well as any other state law governing official conduct.
C. Any member of the Board of Trustees or any employee of the Henry County Library District who has a “substantial personal or private interest” in any measure or purchase proposed or pending before the Board of Trustees must disclose that interest to those members of the board present at the meeting at which the proposal is made and such disclosure shall be recorded in the board minutes. Substantial personal or private interest is defined as ownership by the individual, spouse, or dependent children, whether singularly or collectively, directly, or indirectly:
1. Ten (10) or more of any business entity; or
2. an interest having a value of $10,000 or more; or
3. the receipt of a salary, gratuity, or other compensation of $5,000 or more per year from any individual, partnership, organization, or association.
Section 2. Disclosure Reports. Any member of the Board of Trustees and the Director shall annually make public any potential conflicts of interest. Such disclosure will include the following information:
A. Each transaction in excess of five hundred dollars ($500) during the calendar year between the Henry County Library and a member of the Board of Trustees, or any employee of the library, or any person related within the first degree by virtue of a blood relationship or marriage to the named. Excluded from this disclosure requirement are compensation received as an employee and the payment of any tax, fee, or penalty due to the Henry County Library. Each report shall include the dates and identities of the parties to the transaction.
B. Each transaction in excess of five hundred dollars ($500) during the calendar year between the Henry County Library and any business entity in which the individual named in Paragraph A above has a “substantial interest”. Excluded from this disclosure requirement are any payment of tax, fee, or penalty due to the Henry County Library and payment for providing utility or maintenance service to the Henry County Library. Each report shall include the dates and identities of the parties to the transaction.
The Director will disclose, in writing, the following information for themselves, their spouses and dependent children.
A. The name and address of each employer from whom income of one thousand dollars ($1,000) or more, whether singularly or collectively, was received.
B. The name and address of each sole proprietorship which the above named owned; the name, address, and the general nature of the business conducted by each general partnership or joint venture in which he or she was a partner or co-participant in the partnership, or joint venture unless the information is already filed with the Secretary of State; the name, address, and the general nature of the business of any closely-held corporation or limited partnership in which such individuals, whether singularly or collectively, owned two (2) or more of any class of outstanding stock, limited partnership units, or other equity interests.
C. The name and address of each corporation for which the above-named individuals served in the capacity of director, officer, or receiver.
Section 3. Filing of Copies of Resolution and Reports. A certified copy of this resolution shall be sent within ten (10) days of its adoption to the Missouri Ethics Commission. A certified copy of any amendment shall be filed with the Missouri Ethics Commission within ten (10) days of adoption.
The annual disclosure reports required herein shall be filed no later than May 1 with the Missouri Ethics Commission. Disclosure reports shall cover the preceding calendar year. Such reports will also be filed no later than May 1 in the Henry County Library Director’s office. Disclosure reports shall be made available by the Henry County Library staff for public inspection and copying during normal business hours.
This policy shall be in full force and effect from and after the date of its passage and approval and shall remain in effect until amended and repealed by the board. This policy will be reviewed annually in compliance with Section 105.483 of RSMo.
CONFIDENTIALITY OF LIBRARY RECORDS
Section 1. Records of Library Users. In accordance with the U.S. Privacy Act of 1974 and the Policy on the Confidentiality of Library Records adopted by the American Library Association, January 20, 1971, people have the right to be secure against unreasonable and unwarranted invasions of privacy. It is the policy of the Henry County Library to keep all library account registrations, library materials circulated, other personal records, and other specific uses of the library confidential. This information will be disclosed only to those individuals or groups whose library privileges are directly affected.Section 2. Records of Library Personnel Legal Action. The Board of Trustees of the Henry County Library furthermore declares all personnel records of the Henry County Library which may relate to mental or physical health or which may relate to the hiring, firing, disciplining, or promotion of personnel; all records pertaining to legal actions, causes of action, or litigation; and all communications between the Board of Trustees and its attorneys which are privileged under the Sunshine Law, to be closed records within the meaning of Chapter 610 RSMo.
Section 3. Access to Public Records. The Library Director and designees shall respond to all requests for access to or copies of a public record within the time period provided by Missouri statute except in those circumstances authorized by RSMo 610. Fees to be charged for access to or furnishing copies of records shall be set utilizing the cost of recovery method.
Also be advised that upon receipt of such process, order, or subpoena, the Board of Trustees will consult with Counsel for the Henry County Library to determine if such process, order, or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, the Board of Trustees will insist that such defects be cured.
Legislation related to Policy 6 - Missouri Revised Statutes. 1986: 182.817.
Disclosure of library records not required - exceptions - Notwithstanding the provisions of any other law to the contrary, no library employee or agent of a library shall be required to release or disclose a library record or portion of a library record to any person or persons except:
A. In response to a written request of the person identified in that record, according to procedures and forms giving written consent as determined by the library; or
B. In response to an order issued by a court of competent jurisdiction upon a finding that the disclosure of such record is necessary to protect the public safety or to prosecute a crime. L. 1986 H.B. 11372-2.
Budget, Minutes, Strategic Plan, and Annual Report
Henry County Library
123 E Green St.
Clinton, MO 64735
Phone: 660-885-2612
Lenora Blackmore Branch
105 W Benton St.
Windsor, MO 65360
Phone: 660-647-2298
Email: hcl@henrycolib.org
Print Email: print.library@henrycolib.org