Bylaws

BUTTE COUNTY BOARD OF LAW LIBRARY TRUSTEES

By-Laws

ARTICLE I. NAME

The Board of Trustees of the Butte County Public Law Library exists by virtue of the provisions of Chapter 5 of the California Business and Professions Code, Sections 6300-6364. The Board and exercises the powers and authority and assumes the responsibilities delegated to it under these Sections.i

ARTICLE II. MEMBERSHIP

Section 1. The membership of the Board consists of seven voting members and one advisory member. The voting membership shall consist of those members specified in California Business and Professions Code sections 6301 and 6302. The Law Library Director serves as an advisory member and is the Secretary.

Section 2. There Board has three officers: President, Vice President, and Secretary. All officers with the exception of the secretary shall serve a term of one year from the annual meeting at which they are elected and until their successors are duly elected.

Section 3. The president shall preside at all meetings, appoint all committees, execute all documents authorized by the Board, serve as an ex-officio voting member of all committees, and shall generally perform all other duties associated with that office.

Section 4. The vice-president, in the event of the absence or disability of the president, or a vacancy in that office, shall assume and perform the duties and functions of the president.

Section 5. The secretary shall be responsible for assuring the record of all meetings is true and accurate, that notices of all meetings are issued, that the financial reports are properly filed, and shall generally perform all other duties associated with that office.

ARTICLE III. MEETINGS

Section 1. Regular meetings must be noticed in accordance with the Ralph M. Brown Act and shall be held monthly, the date and hour to be set by the Board.ii

Section 2. The Annual meeting, which shall be for the purpose of the election of officers, shall be held at the time of the regular meeting in January each year.

Section 3. The order of business at for regular meetings shall be as follows, unless the notice of the meeting provides otherwise:

  1. Call to order.
  2. Announcement of a quorum.
  3. Reading, or waiver of reading, and approval of minutes of previous meeting.
  4. Announcements.
  5. Reports of officers.
  6. Reports of committees.
  7. Old, or unfinished, business.
  8. New Business.
  9. Adjournment.

Section 4. Special meetings must be noticed in accordance with the Ralph M. Brown Act and must be called for by the secretary at the direction of the president, or at the direction of three (3) voting members in an emergency situation, for the transaction of business as stated in the call for the meeting.iii Items decided at a special meeting are subject at the next regularly scheduled meeting to a motion for review by any voting member who did not attend the special meeting.

Section 5. A quorum for the transaction of business at any meeting shall consist of a majority of the then-constituted voting membership of the Board. If the requirements of a quorum are not met, but the membership present desires to decide an action in an emergency situation or because of a time requirement, the voting membership may, upon a majority vote of the voting members present, elect to utilize a phone ballot procedure to obtain a total of, at least, four (4) yea or no votes from voting members of the Board.iv

Section 6. The procedure for a phone ballot at any meeting where a quorum is absent shall be as follows:

  • A resolution calling for a phone ballot may be passed by a majority of the voting members present at the meeting.
  • The secretary shall then record the action of the meeting and draw up a written resolution of the action.
  • The secretary shall then poll the remaining members who did not attend the meeting for a yea or no on the resolution. If the resolution receives a yea vote from four (4) members, including both those at the meeting and those polled by phone, then the item shall be considered approved ‐ and action can be taken.
  • Any resolution approved in such a manner shall be placed on the agenda of the next regularly scheduled meeting of the board for ratification by the full board.

Section 7. The Board may use videoteleconferencing that provides for both audio and visual participation between all members of the Board and the public attending a meeting, for the benefit of the public or for the convenience of members of the Board in connection with any meeting. If the Board elects to use videoteleconferencing, the Secretary shall cause printed Agendas to be posted at all videoteleconference locations ‐ which shall be accessible to the public at the date and time of the meeting.v

ARTICLE IV. LAW LIBRARY DIRECTOR AND STAFF

The Board shall appoint a qualified director who shall be the executive and administrative director of the library on behalf of the Board and under its review and direction. The director shall appoint all permanent professional staff with Board approval and shall report to the Board at its next regular meeting the appointment of all paraprofessional, clerical and temporary employees. The director shall specify the duties of the employees and shall be held responsible for the proper direction and supervision of the staff, for the care and maintenance of the library keeping with the stated policy of the board, for the efficiency of the library service to the public and for its financial operation within the limitations of the budgeted appropriation.

ARTICLE V. COMMITTEES

Section 1. The President shall appoint committees of one or more members each for such specific purposes as the business of the Board may require from time to time. All committees shall be limited to no more than three voting members ‐ so that a meeting of a committee shall not constitute a quorum for the conduct of business.vi Persons, who are not members of the Board, if duly appointed by the president with approval of the Board, may sit on committees and vote. The committee shall be considered to be discharged upon the completion of the purpose for which it was appointed and after the final report is made to the Board.

Section 2. Meetings of Board committees, if any, shall be presided over by their respective chairpersons ‐ appointed by the President. Board committee members may participate in a committee meeting through use of conference telephone, electronic video screen communications equipment, or other communications equipment, so long as all committee members participating in the committee meeting can hear one another.vii Minutes of the meetings of committees shall be taken by the secretary of the committee if there is such an officer or, if there is not, by the person designated by the chairperson or acting chairperson of the committee.viii

Section 3. No committee shall have other than advisory powers unless, by suitable action of the Board, it is granted specific power to act.

ARTICLE VI. GENERAL

Section 1. An affirmative vote of the majority of all the voting members of the Board is required to exercise the powers of the Board. The President may vote upon and may move and second a proposal before the Board.ix

Section 2. These bylaws may be amended by the majority vote of the voting membership of the Board, provided written notice of the proposed amendment is mailed to all members at least 10 days prior to the meeting at which such action is proposed to be taken.

Section 3. No action otherwise valid shall be rendered invalid by virtue of violation of these bylaws.

Adopted November 28, 1995
Amended July 28, 2009
___ Ayes. ___ Nos. ___ Abstaining.
As submitted,

_____________________
Raoul J. LeClerc, President
Board of Trustees
Butte County Public Law Library

NOTES

iThe Butte County Board of Supervisors, in adopting Butte County Ordinance No. 674, dated June 13, 1960, ordained and established that the provisions of Chapter 5, Division 3, being Sections 6300 to 6365 of the Business and Professions Code of the State of California, shall apply to the County of Butte.

iiAgenda posting deadline is 72 hours

iiiAgenda posting deadline is 24 hours

ivAdapted from bylaws on Page 11 of the set of bylaws passed in total by the Board of Trustees of the San Diego County Public Law Library , April 24, 1991, headed: E. Vote without a Quorum

vThe use of videoteleconferencing, in this manner, and with these prescriptions, is provided for in the Ralph M. Brown Act (Government Code section 54953) and is not in conflict with any of the provisions relating to county law libraries codified at Business and Professions Code sections 6300 et seq.

viA Committee meeting does not constitute a meeting for purposes of the Ralph M. Brown Act if less-than a majority of the members of a legislative body meets to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the legislative body. Government Code section 54952.2, subdivision (a)

viiCorporations Code section 307, subdivision (a)(6)

viiiArticle V., Section 2, pertaining to Meetings of Board committees, is adopted from an analogous model provision for the use of technology to facilitate the meetings of corporate directors located in 2 Calif. Legal Forms Transactions Guide, in Ch. 4, "Bylaws", at p. 4-143 (Matthew Bender & Co., Rel.98, 1998)

ixThe clause "who are present" was deleted from Article VI., Section 1 to match the second clause in the last sentence of Business and Professions Code section 6304.