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042 <br />• <br />ITEM ABSTRACT <br />Meeting Date: April 18, 2011 <br />ITEM NO. V. C. <br />_ Information <br />XX Action Item <br />Consent Agenda <br />SUBJECT Proposed Amendment to the County Library Ordinance to Conform to <br />the Actual Practices of the Library Board of Trustees. <br />DEPARTMENT Library <br />CONTACT PERSON Michael Matochik / Dale Talbert <br />REQUEST Conduct a first reading, discussion and vote on the proposed <br />amendment to the Library Ordinance. <br />SUMMARY Pursuant to the grant of authority found in NCGS 153A -265 <br />(attachment 1), the BOC has enacted a Library Ordinance (attachment 2) establishing a nine person <br />Library Board of Trustees and delegating to the Trustees many of the statutory powers the BOC has <br />to operate county libraries. The Library Board of Trustees' By Laws provide for and the Board of <br />Trustees actual has seven, rather than nine, members. Additionally, the By -Laws provide for and the <br />Board of Trustees have an additional "ex officio member from the Board of County Commissioners" <br />[who does not have authority to vote] and an "alternate" member, appointed by the BOC in its <br />discretion [who attends meetings and votes only when one or more of the voting members is unable <br />to be present]. Notwithstanding the Trustees' By -Laws and actual practice, the Library Ordinance <br />requires a nine - member Board, does not require that a sitting County Commissioner to be appointed <br />as a Trustees and does not provide for the appointment of "alternate" members. The issue before <br />the BOC is whether to resolve the inconsistencies by amending the Ordinance to comply with the <br />Board of Trustees' actual practices or to amend the By Laws to require the Board of Trustees to <br />comply with the Ordinance and have nine regular voting members. The chronic difficulty the Board <br />of Trustees has had in filling seven regular seats suggests that a nine person Board would be <br />impractical. The Board of Trustees recommends, therefore, that the Ordinance be amended to <br />reduce its membership from nine to seven members. <br />BUDGET IMPACT N /A. <br />ATTACHMENT(S) (1) NCGS 153A -265; (2) Board of Trustees' By Laws; (3) Proposed <br />Amended Ordinance <br />PUBLIC HEARING No <br />PRIOR BOARD ACTION N/A <br />RECOMMENDATION Approve first reading of proposed amendment to the Library <br />Ordinance. <br />