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AMENDED AND RESTATED BYLAWS OF THE
CONTRA COSTA COUNTY LIBRARY COMMISSION
Adopted March 12, 2019
I. NAME
AMENDED AND RESTATED BYLAWS
OF THE CONTRA COSTA COUNTY
LIBRARY COMMISSION
March 2019
The name of the commission is the Contra Costa County Library Commission ("the Commission").
II. AUTHORITY
The Commission is organized and exists as an advisory board to the Board of Supervisors of Contra Costa County (the "Board") and the County Librarian pursuant to an Order of the Board dated March 12, 1991. The composition of the Commission and certain of its powers were revised pursuant to an Order of the Board dated December 19, 2017, and an Order of the Board dated April 24, 2018.
III. PURPOSE
The Commission is created for the following purposes:
A. To serve in an advisory capacity to the Board and the County Librarian.
B. To provide community linkage to the County Library including, but not limited to, providing regular reports on the activities of the Commission to appointing authorities.
C. To serve as a forum for the community to express its views regarding the goals and operations of the County Library.
D. To assist the Board and the County Librarian in providing library services based on assessed public need.
E. To develop and recommend proposals to the Board and the County Librarian for the betterment of the County Library, including, but not limited to, such efforts as insuring a stable and adequate funding level for the libraries in the County.
IV. DUTIES
The Commission shall perform the following advisory functions:
A. Participate in the planning process, including the Library element of the County General Plan and the Library Strategic Plan.
1 B. Assist in the review of County Library policies that the Commission and the County Librarian determine will improve the operations of the County Library and service to the public.
C. Perform such other tasks and undertake such other assignments as may from time to time be referred to the Commission by the Board or the County Librarian.
D. Provide reports to the Board and the County Librarian when the Commission deems such reports to be timely and appropriate.
The Library Commission is an advisory body and as such is specifically prohibited from (i) undertaking any inquiry or investigation into the personnel policies and practices of the County Library or the day-to-day administrative operations of the County Library, and, (ii) from taking any action that would imply the County's support or opposition to legislation, in the absence of, or that is inconsistent with, adopted Board positions. Only the Board of Supervisors can send letters on a particular piece of legislation.
V. COMPOSITION
When all positions are filled, the Commission will be comprised of no fewer than twenty-four voting members and no more than twenty-eight total members (voting and non-voting members are "Members"). The composition of the Commission will be as follows:
A. Eighteen city (town) representatives, with each of the eighteen cities and towns in the County Library Service Area 1 having one appointment, and with each appointment being (i) other than a member of the city (town) council, and (ii) a voting Member (each such Member a "City Member").
B. Five representatives of the County, with each member of the Board having one appointment and each appointment being (i) other than a member of the Board, and (ii) a voting Member (each such Member, a "County Member").
C. Four ex officio (non-voting) Members, with (i) each of the following entities having one appointment, and (ii) each to be other than an elected member of the appointing authority's governing body.
• Contra Costa County Office of Education
• Contra Costa Friends Council
• East Bay Leadership Council
1 The eighteen cities/towns are: Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez , Moraga, Oakley, Orinda, Pinole, Pittsburg , Pleasant Hill, San Pablo, San Ramon and Walnut Creek. 2 • Contra Costa Community College District
D. One voting Member appointed by the Contra Costa Central Labor Council (the "Labor Council Member").
An appointing authority may appoint an alternate member to participate as a Member when the primary Member is absent. When the primary Member is absent, the alternate member will serve as the voting Member for the appointing authority. Alternate members may attend any meeting, but may only vote in the absence of the primary Member.
When a vacancy occurs, the entity represented by the vacant seat may appoint a replacement representative.
VI. DURATION AND TERM
A. General.
1. Term. Following any applicable Transition Term, as defined below, each Member will serve 4-year term and may be reappointed by their appointing authority. Each Member, including a Member appointed to fill a vacancy, will hold the seat for which they were appointed until the expiration of the term for that seat, or until that Member's earlier resignation or removal in accordance with these bylaws.
2. Defmitions.
a) "Class l" means the group of Members that have a four-year term beginning July 1, 2018.
b) "Class 2" means the group of Members that have a four-year term beginning July 1, 2019.
c) "Class 3" means the group of Members that have a four-year term beginning July 1, 2020.
d) "Class 4" means the group of Members that have a four-year term beginning July 1, 2021.
e) "Current Term" means the term in effect at the time these bylaws are amended and restated by the Board in 2018.
f) "Transition Term" means the period of time that begins on the day after the Member's Current Term expires, and ends on (i) June 30, 2018, if the Member is in Class 1, (ii) June 30, 2019, if the Member is in Class 2, (iii) 3 June 30, 2020, if the Member is in Class 3, and (iv) June 30, 2021, if the Member is in Class 4.
3. Class Assignments. Class assignments will be determined by the County Librarian.
B. Rescission. Either the Board or the appointing authority may rescind an appointment to the Commission.
VII. A ITENDANCE REQUIREMENTS
Regular attendance at meetings of the Commission is required. An unexcused absence from three regularly scheduled consecutive meetings will be considered grounds for the Commission to recommend to the Board that it rescind the absentee Member's appointment. Excused absences will be granted for the following reasons: illness of self, member of immediate family, or close friend; death of member of immediate family or close friend; requirements of the member's job or elected/appointed position; vacation. A Member must contact the Secretary prior to the meeting to be excused from a meeting.
Before making a recommendation of rescission to the Board, the Chair will notify any Member whose appointment is at risk.
VIII. OPEN MEETINGS AND CONFLICT OF INTEREST
Commission meetings must be open to the public in accordance with the Ralph M. Brown Act, (Gov. Code 54950 et seq.) and the Contra Costa County Better Government Ordinance. Commission members must adhere to the principles and rules of the Political Reform Act of 1974 (Gov. Code 81000 et seq.).
IX. OFFICERS
A. The Commission shall elect its own Chair and Vice Chair. The County Librarian will be the Secretary.
B. The Chair shall (i) preside at all meetings of the Commission, (ii) set the agenda and review minutes for all meetings in consultation with the Secretary, (iii) have general supervision over all Commission business and (iv) have such other powers and duties as may be assigned by the Commission, provided such powers and duties are consistent with these bylaws.
C. The Vice Chair shall, in the absence or inability of the Chair to act, exercise all the powers and perform all the duties of the Chair. The Vice Chair shall also have such other powers and duties as may be assigned by the Commission, provided such powers and duties are consistent with these bylaws.
4 D. The Secretary will keep the minutes of the meetings of the Commission. In consultation with the Chair , the Secretary shall prepare all agendas. The Secretary shall distribute all agendas, act as custodian of Commission records, keep a register of the contact information of each member, which information is to be furnished to the Secretary by each member and, in general, perform all duties incident to the office of Secretary.
E. The Chair and Vice Chair shall be elected annually at the regular November meeting for a term of one year and may succeed themselves for one additional consecutive term. Officer vacancies are to be filled by election at the next regular meeting.
X. MEETINGS
A. The Commission shall hold regular meetings at least quarterly at dates and times to be determined by vote of the Commission, at the final meeting of the year for the year following. Meetings will be held at the Contra Costa County Library Headquarters, 777 Arnold Drive, Suite 210, Martinez, California 94553, or other designated location. Ninety-six hours' notice must be given for all regular meetings.
B. A special meeting may be called at any time by the Chair or by a Commission majority.
C. A quorum for all meetings is thirteen voting Member s.
D. The agenda and minutes of each meeting is to be sent electronically to each member, the Board of Supervisors, and any additional persons authorized by the Commission.
A paper copy of the agenda and minutes of each meeting will be mailed upon request.
Other persons requesting the minutes of a meeting must do so in writing to the Secretary and pay the prevailing copying and mailing rates.
XI. VOTING
A. The work of the Commission may proceed by consensus as long as there is no objection from a Member to proceeding in this manner.
B. Except as provided in Section XIV below, on any matter where a Member requests a recorded vote, the matter may only be approved if it is approved by a majority of the County Members present and a majority of the City Members present. For purpose s of this section, the vote of the Labor Council Member will be counted as a City Member vote.
C. Proxy voting is not permitted .
5 D. Alternate members may only vote in the absence of the primary Member.
XII. CONDUCT OF BUSINESS
A. Only business that is clearly identified as an item of discussion on the publicly-posted meeting agenda may be transacted at a meeting of the Commission, except as permitted under the Ralph M. Brown Act and Contra Costa County Better Governance Ordinance.
B. All meetings of the Commission are to be called to order by the Chair, or in the Chair's absence, by the Vice Chair, or in the Vice Chair's absence, by a Member designated for that purpose by the Chair or Vice Chair. In the absence of any such designation, the Commission may designate an acting chair by majority vote.
C. Public comment at all meetings is to be permitted in accordance with applicable law.
XIII. COMMITTEES
A. The Commission may appoint working committees of no more than five Members for such specific purposes as appropriate for the conduct of the business of the Commission.
B. All working committees shall make progress reports to the Commission at each of the Commission's regular meetings.
C. All working committees are encouraged to contain a representative mix of County Members, City Members and non-voting Members.
XIV. AMENDMENTS TO THE BYLAWS
A. Only the Board may amend these bylaws. A recommendation to the Board that these bylaws be amended must be approved by an affirmative vote of 60% of the voting Members.
B. Any proposed amendment to these bylaws is to be presented in writing at a regular meeting of the Commission for discu ssion. The Commission shall vote on the proposed amendments at the next regular meeting of the Commission. The agenda for such meeting is to contain an item entitled "Proposed Bylaws Amendment."
XV. PUBLIC ACCESS TO COMMISSION RECORDS
The County Library shall make available to the general public all records of the Library Commission as required by law.
6 Note: New tex t being added to these bylaws is highlighted in yellow on page 5.
AMENDED AND RESTATED BYLAWS OF THE
CONTRA COSTA COUNTY LIBRARY COMMISSION
Adopted March 12, 2019
-
1 AMENDED AND RESTATED BY LAWS
OF THE CONTRA COSTA COUNTY
LIBRARY COMMISSION
March 2019
I. NAME
The name of the commiss io n is the Contra Costa County Library Commiss io n ("the Commiss io n").
II. AUTHORITY
The Commiss io n is organized and exists as an advisory board to the Board of Supervisors of Contra Costa County (the "Board") and the County Librarian pursuant to an Order of the Board dated March 12, 1991. The composition of the Commiss io n and certain of its powers were revised pursuant to an Order of the Board dated December 19, 2017, and an Order of the Board dated April 24, 2018.
III. PURPOSE
The Commiss io n is created for the following purposes:
A. To serve in an advisory capacity to the Board and the County Librarian.
B. To provide community linkage to the County Library including, but not limited to, providing regular reports on the activit ies of the Commiss io n to appointing authorit ie s.
C. To serve as a forum for the community to express its views r egarding the goals and operations of the County Library.
D. To assist the Board and the County Librarian in providing library services based on assessed public need.
E. To develop and recommend proposals to the Board and the Coun ty Librarian for the betterment of the County Library, including, but not limited to, such efforts as insuring a stable and adequate funding level for the libraries in the County.
IV. DUTIES
The Commiss io n shall perform the following advisory functio ns :
A. Participate in the planning process, includ ing the Library element of the County General Plan and the Library Strategic Plan.
2 B. Assist in the review of County Library policies that the Commissio n and the County Libraria n determine will improve the operations of the County Library and service to the public.
C. Perform such other tasks and undertake such other assignments as may from time to time be referred to the Commiss io n by the Board or the County Librarian.
D. Provide reports to the Board and the County Librarian when the Commiss io n deems such reports to be timely and appropriate.
The Library Commiss io n is an advisory body and as such is specifically prohibited from (i) undertaking any inquiry or investigatio n into the personnel policies and practices of the County Library or the day-to-day administrative operations of the County Library, and, (ii) from taking any action that would imply the County’s support or opposition to legislation, in the absence of, or that is inconsistent with, adopted Board positions. Only the Board of Supervisors can send letters on a particular piece of legislation.
V. COMPOSITION
When all positions are filled, the Commiss io n will be comprised of no fewer than twenty-four voting members and no more than twenty-eight total members (voting and non-voting members are “Members”). The composit io n of the Commiss io n will be as follows :
A. Eighteen city (town) representatives, with each of the eighteen cities and towns in the County Library Service Area1 having one appointment, and with each appointment being (i) other than a member of the city (town) council, and (ii) a voting Member (each such Member a “City Member”).
B. Five representatives of the County, with each member of the Board having one appointment and each appointment being (i) other than a member of the Board, and (ii) a voting Member (each such Member, a “County Member”).
C. Four ex officio (non-voting) Members, with (i) each of the following entities having one appointment, and (ii) each to be other than an elected member of the appointing authority’s governing body.
x Contra Costa County Office of Education
x Contra Costa Friends Council
x East Bay Leadership Council
1 The eighteen cities/towns are: Antioch, Brentwood, Clayton, C oncord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant H ill, San Pablo, San Ramon and Walnut Creek.
3 x Contra Costa Communit y College District
D. One voting Member appointed by the Contra Costa Central Labor Council (the “Labor Council Member”).
An appointing authority may appoint an alternate member to participate as a Member when the primary Member is absent. When the primary Member is absent, the alternate member will serve as the voting Member for the appointing authority. Alternate members may attend any meeting, but may only vote in the absence of the primary Member.
When a vacancy occurs, the entity represented by the vacant seat may appoint a replacement representative.
VI. DURATION AND TERM
A. General.
1. Term. Following any applicable Transition Term, as defined below, each Member will serve 4- year term and may be reappointed by their appointing authority. Each Member, including a Member appointed to fill a vacancy, will hold the seat for which they were appointed until the expiration of the t e r m f o r t h a t s e a t, or until that Member’s earlier resignation or removal in accordance with these bylaws.
2. Definitions.
a) “Class 1” means the group of Members that have a four-year term beginning July 1, 2018.
b) “Class 2” means the group of Members that have a four-year term beginning July 1, 2019.
c) “Class 3” means the group of Members that have a four-year term beginning July 1, 2020.
d) “Class 4” means the group of Members that have a four-year term beginning July 1, 2021.
e) “Current Term” means the term in effect at the time these bylaws are amended and restated by the Board in 2018.
f) “Transitio n Term” means the period of time that begins on the day after the Member’s Current Term expires, and ends on (i) June 30, 2018, if the Member is in Class 1, (ii) June 30, 2019, if the Member is in Class 2, (iii)
4 June 30, 2020, if the Member is in Class 3, and (iv) June 30, 2021, if the Member is in Class 4.
3. Class Assignments. Class assignments will be determined by the County Librarian.
B. Rescission. Either the Board or the appointing authority may rescind an appointment to the Commiss io n.
VII. ATTENDANCE REQUIREMENTS
Regular attendance at meetings of the Commiss io n is required. An unexcused absence from three regular ly scheduled consecutive meetings will be considered grounds for the Commiss io n to recommend to the Board that it rescind the absentee Member's appointment. Excused absences will be granted for the followi ng reasons: illness of self, member of immed iate family, or close friend; death of member of immed iate family or close friend; requirements of the member's job or elected/appointed position; vacation. A Member must contact the Secretary prior to the meeting to be excused from a meeting.
Before making a recommendation of rescission to the Board, the Chair will notify any Member whose appointment is at risk.
VIII. OPEN MEETINGS AND CONFLICT OF INTEREST
Commiss io n meetings must be open to the public in accordance with the Ralph M. Brown Act, (Gov. Code 54950 et seq.) and the Contra Costa County Better Government Ordinance. Commiss io n members must adhere to the princip les and rules of the Politica l Reform Act of 1974 (Gov. Code 81000 et seq.).
IX. OFFICERS
A. The Commiss io n shall elect its own Chair and Vice Chair. The County Libraria n will be the Secretary.
B. The Chair shall (i) preside at all meetings of the Commiss io n, (ii) set the agenda and review minutes for all meetings in consultatio n with t h e Secretary, (iii) have general supervis io n over all Commiss io n business and (iv) have such other powers and duties as may be assigned by the Commiss io n, provided such powers and duties are consistent with t h e s e bylaws.
C. The Vice Chair shall, in the absence or inability of the Chair to act, exercise all the powers and perform all the duties of the Chair. The Vice Chair shall also have such other powers and duties as may be assigned by the Commiss io n, provided such powers and duties are consistent with t h e s e bylaws.
5 D. The Secretary will keep the minute s of the meetings of the Commission. In consultation with the Chair, the Secretary shall prepare all agendas. The Secretary shall distribute all agendas, act as custodian of Commiss io n records, keep a register of the contact information of each member, which information is to be furnished to the Secretary by each member and, in general, perform all duties incident to the office of Secretary.
E. The Chair and Vice Chair shall be elected annually at the regular November meeting for a term of one year and may succeed themselves for one additional consecutive term. Officer vacancies are to be filled by election at the next regular meeting.
X. MEETINGS
A. The Commiss io n shall hold regular meetings at least quarterly at dates and times to be determined by vote of the Commiss io n, at the final meeting of the year for the year followi ng. Meetings will be held at the Contra Costa County Library Headquarters, 777 Arnold Drive, Suite 210, Martinez, California 94553, or other designated location. Ninety-six hours’ notice must be given for all regular meetings.
B. A special meeting may be called at any time by the Chair or by a Commiss io n majority.
C. A quorum for all meetings is thirteen voting Members.
D. The agenda and minutes of each meeting is to be sent electronically to each member, the Board of Supervisors, and any additional persons authorized by the Commiss io n.
A paper copy of the agenda and minutes of each meeting will be mailed upon request.
Other persons requesting the minutes of a meeting must do so in writing to the Secretary and pay the prevailing copying and mailing rates.
XI. VOTING
A. The work of the Commiss io n may proceed by consensus as long as there is no objection from a Member to proceeding in this manner.
B. Except as provided in Section XIV below, on any matter where a Member requests a recorded vote, the matter may only be approved if it is approved by a majority of the County Members present and a majority of the City Members present. For purposes of this section, the vote of the Labor Council Member will be counted as a City Member vote.
C. Proxy voting is not permitted.
6 D. Alternate members may only vote in the absence of the primary Member.
XII. CONDUCT OF BUSINESS
A. Only business that is clearly identified as an item of discussion on th e publicly-posted meeting agenda may be transacted at a meeting of the Commiss io n, except as permitted under the Ralph M. Brown Act and Contra Costa County Better Governance Ordinance.
B. All meetings of the Commiss io n are to be called to order by the Chair, or in the Chair's absence, by the Vice Chair, or in the Vice Chair's absence, by a Member designated for that purpose by the Chair or Vice Chair. In the absence of any such designat io n, the Commiss io n may designate an acting chair by majority vote.
C. Public comment at all meetings is to be permitted in accordance with applicable law.
XIII. COMMITTEES
A. The Commiss io n may appoint working committee s of no more than five Members for such specific purposes as appropriate for the conduct of the business of the Commiss io n.
B. All working committee s shall make progress reports to the Commission at each of the Commiss io n's regular meetings.
C. All working committees are encouraged to contain a representative mix of County Members, City Members and non-voting Members.
XIV. AMENDMENTS TO THE BYLAWS
A. Only the Board may amend these bylaws. A recommendatio n to the Board th at these bylaws be amended must be approved by an affirmative vote of 60% of the voting Members.
B. Any proposed amendment to these bylaws is to be presented in writing at a regular meeting of the Commiss io n for discussio n. The Commiss ion shall vote on the proposed amendments at the next regular meeting of the Commiss io n. The agenda for such meeting is to contain an item entitled "Proposed Bylaws Amendment."
XV. PUBLIC ACCESS TO COMMISSION RECORDS
The County Library shall make available to the general public all records of the Library Commiss io n as required by law.