Library Board By-laws

The Haldimand County Public Library Board bears legal responsibility for the Library by ensuring that it operates in accordance with the Public Libraries Act, R.S.O. 1990, chapter P.44. The purpose of this by-law is to define the legal authority of the Board.

By-laws are the fundamental governing rules of the Library Board. The purpose of this by-law is to state the conditions under which by-laws are amended.

In accordance with the Public Libraries Act, R.S.O. 1990 c. P44, s. 15(2), the Board appoints a Chief Executive Officer (CEO) who shall have general supervision over, and direction of, the operations of Haldimand County Public Library and its staff.

The CEO is the Board’s only link to the operation of the Library. As such:

Board members must meet regularly to ensure the proper governance of the Library and to conduct the business of the Board. Since the Board “as a whole” has the authority to act, and not individual members, the Board meeting is the major opportunity for the Board to do its work – to make decisions, solve problems, educate Board members, and plan for the future and review monitoring or evaluation material submitted by staff. This policy sets procedures to follow for meetings and ensures compliance with the Public Libraries Act., R.S.O., chapter P.44.

Section 1: Types of Meetings

•  In accordance with the Public Libraries Act, section 16.1 (2), Board meeting will be open to the public unless the subject matter being considered falls within the parameters of the Public Libraries Act, section 16.1 (4) as stated in point 5 of this by by-law;
• In accordance with the Public Libraries Act, section 16 (1), the Library Board shall hold at least seven regular meetings in each year and at such other times as it considers necessary;
• In accordance with the Public Libraries Act, section 14 (1), the first meeting shall be called by the CEO of Haldimand County Public Library in each new term, upon receipt of the confirmation of appointments from the County Clerk. The inaugural meeting shall be held as soon as possible, after the appointments are made by County Council. At this first meeting, the CEO oversees the election of the officers. The elections begin with the position of Chair;
• In accordance with the Public Libraries Act, section 16 (2), the Chair or any two members of the Board may summon a special meeting by giving each member reasonable notice in writing, specifying the purpose for which the meeting is called, which shall be the sole business transacted at the meeting;
• In accordance with the Public Libraries Act, section 16.1 (4), a meeting or part of a meeting may be closed to the public if the subject matter being considered is
  • the security of the property of the Board; 
  • personal matters about an identifiable individual;
  • a proposed or pending acquisition or disposition of land by the Board;
  • labour relations or employee negotiations;
  • litigation or potential litigation, including matters before administrative tribunals, affecting the Board;
  • advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 
  • a matter in respect of which a Board or committee of a Board may hold a closed meeting under another Act.
• In accordance with the Public Libraries Act, section 16.1 (5) and (6), a meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M56, if the Board or committee of the Board is the head of an institution for the purposes of that Act. Before holding a meeting or part of a meeting that is to be closed to the public, a Board or committee of the Board shall state by resolution:
  • the fact of the holding of the closed meeting;
  • the general nature of the matter to be considered at the closed meeting.
• Board members may attend Board meetings remotely via teleconference call or Internet video conferencing call.
  • As all Board meetings are open to the public, teleconference meetings must be conducted in such a way that all members participating can hear each other, at the same time, and that the public can also hear the deliberations;
  • A member of the Library Board or a committee may attend, participate and vote at an open or closed meeting remotely, if the member is prevented from physically attending because of:
    • Personal illness or disability; or
    • Employment purposes or the business of the public good; or
    • Family or other emergency.
• Members who wish to attend a meeting remotely must give notice four (4) hours before the commencement of the meeting to the Secretary so that the equipment can be made ready;
• Meeting minutes will reflect that a member is participating remotely;
•  If the Chair of the Library Board attends the meeting remotely, then the Vice-Chair chairs the in-person meeting;
• Quorum applies to the members attending in person and remotely.

Section 2: Order of Proceedings

• Parliamentary authority.
  • The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the proceedings of the Library Board in cases where there are no by-laws of the Board in place;
• Call to order.
  • Meetings shall be called to order by the Chair on the hour fixed for the meeting;
  • In the absence of the Chair, the Vice-Chair will preside over the meeting.
•  Quorum.
  • In accordance with the Public Libraries Act, section 16 (5), the presence of a majority of the Board is necessary for transaction of business at a meeting;
  • Where a quorum is not present within fifteen minutes of the hour fixed for a meeting, the Secretary shall record the names of the Board members present and the meeting shall stand adjourned until the next meeting or until a special meeting is called;
  • Nothing in the foregoing shall prohibit the members in attendance for a regular meeting, when no quorum is present, from constituting themselves as a committee dealing with such agenda items as they see fit. However, no decisions taken at such meeting may be executed until ratified by motion at a regular meeting of the Board;
  • If notified by a majority of Board members of their anticipated absence from a meeting, the Secretary shall notify all members of the Board that the meeting is cancelled.
• Attendance at meetings.
  • In accordance with the Public Libraries Act, section 13, should a member be absent for three (3) consecutive meetings, the Board shall:
    • consider the member disqualified from the Board and notify the appointing Council that the seat is vacant, or
    • consider the circumstances of the absence and pass a resolution authorizing that person to continue as a Board member.
• Agenda.
  • The agenda focuses the discussion in order to make good use of the Board’s time. Meetings of the Board “as a whole” do not re-do the work of the staff or committees.
  • The order of business for all regular meetings of the Board shall be as follows
    • Call to order
    • Declaration of any conflicts of interest
    • Minutes of the preceding meeting
    • Staff and Board reports
    • Business arising from the minutes
    • Policy review and updates
    •  New business
    • Other business
    • Date of the next meeting
    • Adjournment
• Voting
  • All motions at Board meetings, except those approving or amending the by-laws are decided by a majority of votes cast. A motion to add, amend or remove a by-law shall require a majority vote of at least two thirds of the members to be carried;
  • In accordance to the Public Libraries Act, section 6 (6), the Chair or Acting Chair of the Board may vote with the other members of the Board upon all questions. Any question on which there is an equality of votes shall be deemed to be negative.
• Minutes.
  • Once approved, minutes of meetings are the official record of decisions and provide direction for officers and employees in their subsequent actions;
  • Minutes are approved at the next meeting of the Board;
  • Minutes (excluding In-Camera/Closed minutes) are public documents and shall be made available to the public;
  • Minutes of closed meetings are kept separately and held to be confidential.

Section 3: Chairing the Meeting

• The function of the Chair is to act in a leadership role to the Board, ensuring that business is dealt with expeditiously, and also to help the Board work as a team.
• It is the duty of the Chair of the Haldimand County Public Library Board to:
  • open meetings of the Board by calling the members to order;
  • announce the business before the Board in the order in which it is to be acted upon;
  • receive and submit, in the proper manner, all motions presented by the members of the Board;
  • put to vote all motions which are moved and seconded in the course of the proceedings, and announce the results;
  • decline to put to vote motions which infringe the rules of procedure;
  • restrain the members, when engaged in debate, within the rules of order;
  • exclude any person from a meeting for improper conduct;
  • enforce the observance of order and decorum among the members;
  • authenticate by signing all by-laws, resolutions and minutes of the Board;
  • instruct the Library Board on the rules of order;
  • represent and support the Board, declaring its will, and implicitly obeying its decisions in all things;
  • receive all messages and communications on behalf of, and announce them to, the Board;
  • ensure that the decisions of the Board are in conformity with the laws and by-laws governing the activities of the Board.

The Board bears legal responsibility for Haldimand County Public Library. The powers and duties of the Board are prescribed in the Public Libraries Act, R.S.O. 1990, c P44, to which this by-law adheres.

In accordance with the Public Libraries Act, section 20, the Haldimand County Public Library Board:

• shall seek to provide, in co-operation with other Boards, a comprehensive and efficient public library service that reflects the community’s unique needs;
• shall provide Library services in the French language, where appropriate;
• shall ensure that the libraries are conducted in accordance with this Act and the regulations;
• may operate special services in connection with a Library as it considers necessary;
• shall fix the times and places for Board meetings and the mode of calling and conducting them, and ensure that full and correct minutes are kept;
• shall make an annual report to the Ministry of Tourism, Culture and Gaming and make any other reports required by this Act and the regulations or requested by the Minister from time to time;
• shall make provision for insuring the Board’s real and personal property;
• shall take proper security for the Treasurer;
• may appoint such committees as it considers expedient.