1983-09-12 City of Beverly, Massachusetts
Public Meeting Minutes
Board: Library Trustees
Subcommittee:
Date: 09/12/1983
Place: Beverly Public Library
Board members present: Richard L. Buckley, Lester C. Ayers, Connie E. Dooling, Katherine
L. Fanning, Dr. Edna M. MeGlynn, Roger E. Morehey, Kevin J. Murphy, Neil B. Olson, and
Nancy A. White
Board members absent:
Others present: Susan M. Salt, Howard Calish, Laura Reilly, Friends of the Beverly Public Library;
Kathleen M. Henrichon, League of Women Voters; Thomas Hindman, Library staff
Recorder: Nancy Aberman
Regular Meeting
Board of Trustees-Beverly Public Library
September 12, 1983 7:30 p.m.
Present: Richard BuckIcy; Dr. Edna MeGlynn; Nancy White; Connie Dooling; Kay Fanning; Les
Ayers; Kevin Murphy; Roger Morency; Neil Olson.
Also present: Esther Calish, Nancy Aberman; Susan Salt, Howard Calish, Laura Reilly, Friends of
the Library; Kathleen Henriehon, League of Women Voters; John Gold, Beverly Times~ Tom
Hindman, staff.
Documents distributed: 1984 Library Incentive Grant
Disposition of minutes of previous meetings: The minutes of the previous regular meeting of June 20
were accepted without change. Motion was made by Mr. Ayers and seconded by Mrs. Fanning. The
minutes of the Special Meeting of June 27 were accepted without change. Motion was made by Dr.
MeGlynn and seconded by Mrs. Dooling.
Public presentation to. discussion with the Board: Mrs. Salt, President of the Friends, commended
Mrs. Calish for an excellent program on banned books at the library on Sept. 11 and noted that
Friends' memberships and book bag sales were doing well, bringing in more funds for the library. She
also invited all trustees to a reception for the new Board of Directors of the Friends on Sunday, Sept.
18.
Committee Reports: Administration: Mrs. Fanning reported that the Farms roof has been repaired.
She also noted, and Mrs. Calish explained that she had been told that monies in the salary account
are not able to be carried over to a new fiscal year; however, the Mayor can request an appropriation.
Mrs. Calish suggested that on the matter of the increase in hours for the Farms Branch, that such a
course of action be followed. Mrs. Fanning noted that she would discuss the matter under New
Business. On the matter of the ramp for handicapped access to the Farms, cost estimates are being
prepared.
Personnel: There was no meeting of the Personnel Committee.
Finance: There was no meeting of the Finance Committee.
Roof and Balustrade Commission: Mr. Murphy reported that the contract for the work has been
signed and forwarded to the consultant to be registered with the state. Bids will be published this
week and are due in 5 weeks when they will be opened publicly. The consultant will review the bids
and make a recommendation to the Commission who will made a recommendation to the Mayor and
Aldermen, possibly by Nov. 1. It is hoped that the work will be completed by winter.
Task Force: Regarding the contract for the director and possible ordinance recommendations,
meetings were held on May 2, June 6, Aug. 8 and Aug. 15. An outline of a partial contract including
a list of duties and responsibilities for the Librarian has been drawn up. Mr. BuckIcy noted two
matters for the full committee: 1) At the August 15 meeting, on vote of the Task Force, the Chairman
was empowered to communicate with the Board of Aldermen to request a conference to pursue
matters of determining the relative powers of the Board of Aldermen and Board of Trustees in affairs
relating to the Beverly Public Library. Mr. BuckIcy read his letter to Mr. Gelwick on this matter and
read a reply from Mr. Conley, Chairman, Legal Affairs and Accounts, to whose committee the matter
was referred. Mr. ConIcy wrote that the Committee would like to meet with the Trustees at 8:30 p.m.
on September 15, 1983 to review the concerns. He noted that the City Solicitor would be at the
meeting and he hoped that any misunderstandings could be laid to rest. 2) A motion was made,
seconded and passed to recommend to the full Board to increase by one grade level the salary of the
Head Librarian to Grade 20 and the Assistant to Grade 18. The matter will be discussed under New
Business. Mr. Buckley reported that the Task Force is nearing the completion of the contract, with
several matters to be taken up, and to be reviewed by legal counsel.
Report of the Librarian: 1 ) Mrs. Calish thanked the Trustees for the lovely plant and cards which
were sent to her during her illness. 2) A report was given on past library programs--Earl "Fatha"
Hines; a Will Barnet retrospective talk; and an alternoon of Sports Greats. 3) Mrs. Calish explained
further the ruling that no carry over of salary monies are allowed unless the money has been
encumbered for something already owed. However, an appropriation may be requested from the city
for the desired amount. 4) Regarding publishing names of delinquent patrons, a new law regarding
patron con~dentiality has been enacted. This matter will be discussed at the September 15 meeting
of the NOBLE group. Mrs. Calish noted that due to the computer system, the library has eliminated
repeated offenders who do not return materials. 5) The library offered a program sponsored by the
Friends of the Library on Sunday, Sept. 11 to mark Banned Books Week. The Assistant Director is
scheduled to give a talk on the subject to the Rotary Club this week.
6) Mrs. Calish gave various departmental reports. The Children's summer reading club had over 200
participants. The Media Librarian was recently marfled and her name is now Susan Hellwig. Suzanne
Nichelson Wonson recently returned from a 2-month maternity leave after giving birth to a baby girl.
7) Mrs. Calish will prepare a report for the Board on the needs of the computer system. She will be
at a meeting to hear a telephone company representative discuss the changes which will be occurring
in telephone charges. She noted the capabilities of a multiplexor vs. dedicated telephone lines. 8)
Regarding the Farms Branch, Mrs. Calish reported that Dee Hanley has been designated as liaison
among the Farms volunteers, Friends and Main Library. Mrs. Hanley is a professional librarian, and
Mrs. Calish noted that she is able to handle problems and to communicate them to appropriate
personnel at the Main Library.
Regarding the Financial Report, Mr. Buckley noted several discrepancies. Mrs. Calish will ask Mrs.
Horgan, Administrative Assistant, to look into the matters. On the statistics, Mrs. Fanning noted that
the Farms Branch circulation has increased over the previous year while other areas have decreased.
Communications: 1) A letter was received from Frances Alexander, State Representative, thanking
Mr. BuckIcy for his communication concerning House Bill 4474.2) A copy of a letter was received
from Mr. Lawrence Smith submitting his resignation to the Mayor from the Roof & Balustrade
Repair Commission. 3) A copy of a letter from the Mayor to Mr. William RawIs was read appointing
him to serve on the Roof& Balustrade Repair Commission. The letters were placed on file.
Mr. Buckley read a letter from Mr. Al Ricci, City Solicitor, in response to the question who
determines the salary of the Beverly Public Library Librarian. His letter explained his opinion that the
Board of Aldermen determine the salary of the Public Library Librarian. He also read a letter from
Mr. Ricci stating that the effective date of the salary increase is July 1, 1983 and a copy of a letter
from the Mayor to the Aldermen requesting a transfer of funds to appropriate money for the
Librarian's salary increase. Ms. White stated for the record that she feels badly that Mrs. Calish lost
retroactive salary due to the delay of action to increase grade level until July. The previous
communications were placed on file.
Mr. Buckley then reported to the Board that he had received a telephone call from the office of the
District Attorney regarding a letter which the District Attorney had received from Mrs. Grant,
member of the League of Women Voters. In her letter, Mrs. Grant questioned the legality of the Task
Force's possible consideration of the use of Executive Session in relation to the drawing up of the
contract for Library Director.
During the Task Force Meeting of August 15, 1983, Chairman Richard BuckIcy suggested to Board
members that some consideration be given to the use of Executive Session, at some point in time,
before the completion of the contract. The purpose of Executive Session would be to prevent the
possibility of creating a "sweetheart" contract.
In response to the question proposed by Mrs. Grant, the representative from the District Attorney's
office offered the following information to Mr. Buckley: Executive Session is not mandatory, but is
permitted,,-] Mr. Buckley noted that he had not received a copy of Mrs. Grant's letter to the District
Attorney. Discussion took place on the intent of the communication.
New Business: 1) A motion was passed commending the Assistant Director for her work during the
time of the Director's illness, to be placed on employee's record. 2) Mr. Buckley introduced the matter
of purchasing books for the core collection as passed at the June 27 Board meeting, noting that
guidelines should be set co that the Board should not have to accept or reject individual titles.-',) Mrs.
Calish explained that the term "core collection" denotes the body of work which circulates with
regularity and also satisfies user demand, not limited by time period or subject. She reported that
currently there are approximately 700 titles which need to be replaced in the collection, many of
which are classics. The replacement needs are most urgent at present since the titles are those which
always circulate with regularity. A discussion took place on the need for focus on the traditional part
of the collection, as a depository of culture, vs. user needs. The point was stressed that this
expenditure is a special use of trust funds and should not be viewed by the city as part of the regular
book budget, or a usual expenditure by the trustees for books. Mr. Morency moved to rescind the
motion of the June 27 meeting to expend $13,244.89 of trust income for the core collection and a list
be kept of the titles. Mrs. Dooling seconded. The vote was as follows: Dr. McGlynn-no; Ms.
White-yes; Mrs. Dooling-yes; Mrs. Fanning-no; Mr. Ayers-no; Mr. Murphy-yes; Mr. Morency-yes;
Mr. Olson-yes. Motion passed. Mr. Murphy then moved and Ms. White seconded to designate
$13,000 out of trust fund monies to be expended on books for the core collection, with all books to
be ordered by December 31, 1983. Mrs. Dooling mended the original motion, and Mr. Ayers
seconded, to read that, specifically, books which are ordered are titles which must have been in the
library's collection as of January 1, 1980. Discussion followed regarding various opinions about the
librarians' determining book selection, yet the need to designate this expenditure as a special
expenditure of funds. The amendment passed. The motion as amended passed.
3) A motion was made by Ms. White and seconded by Mr. Olson to increase the grade level and
salary of the Head Librarian one grade level to Grade 20 and the Assistant Librarian to Grade 18.
Motion passed. 4) Mrs. Fanning moved, and Dr. McGlyrm seconded, to request the Mayor to
appropriate the amount of $1,000 for the purpose of adding 5 additional hours to the Beverly Farms
schedule, one additional day. The motion passed. 5) The next regular meeting of the Board will be
October 17, 1983.
Nancy S. Aberman
Recorder
9 Crestline Circle
Beverly, Ma. 01915
October, 6, 1983
Nancy Aberman, Assistant Head Librarian
Beverly Public Library
Beverly, Ma. 01915
Dear Nancy,
I am requesting that the following information be included in the minutes of the regular meeting of
September 12, 1983, under the heading of communications.
... Mr. Buckley then reported to the Board that he had received a telephone call from the office of
the District Attorney regarding a letter which the District Attorney had received from Mrs. Grant,
member of the League of Women Voters. In her letter, Mrs. Grant questioned the legality of the Task
Force's possible consideration of the use of Executive Session in relation to the drawing up of the
contract for Library Director.
During the Task Force Meeting of August 15, 1983, Chairman Richard Buckley suggested to Board
members that some consideration be given to the use of Executive Session, at some point in time,
before the completion of the contract. The purpose of Executive Session would be to prevent the
possibility of creating a "sweetheart" contract.
In response to the question proposed by Mrs. Grant, the representative from the District Attorney's
office offered the following information to Mr. BuckIcy: Executive Session is not mandatory, but is
permitted. Mr. Buckley noted that he had not received a copy of Mrs. Grant's letter to the District
Attorney. Discussion took place on the intent of the communication...
Respectfully submitted,
Conhie Dooling
Secretary
Board of Trustees
Task Force Meeting
Board of Trustees- Beverly Public Library
August 15, 1983
Trustees Present: Richard Buckley, Connie Dooling, Lester Ayers, Dr. Edna
MeGlynn and Nancy White.
The following action Wok place:
1. That the motion made by Dr. Edna MeGlynn and seconded by Kay Fanning on Aug. 8th be
mended to read as follows:
"That we recommend to the full Board of Trustees that we raise the salary of the Library
Director and the Assistant to the Library Director one grade level. That is, the position of
Library Director will be established at grade 20 and the position of Assistant to the Library
Director will be established at grade 18". Motion passed.
2. Motion made by Lester Ayers and seconded by Dr. Edna MeGlynn:
"That the Chairman be empowered to communicate in writing to the President of the Board
of Aldermen to request a conference to powers pursue matters ofdetenninm'g relative powers
of the Board of Aldermen and the Board of Library Trustees in matters relating to the Beverly
Public Library. Motion passed.
3. Motion made by Nancy White and seconded by Dr. Edna MeGlynn:
That number seven of the employment contract be mended to read as it appears in the copy
of the contract you have received. Motion passed
4. Motion made by Conhie Dooling and seconded by Dr. Edna MeGlynn:
"At least 30 days prior to the date of expiration of the contract the Board of Trustees shall
elect a person to fill the position of Library Director for the ensuing term".
Motion Passed.
5. Motion made by Nancy White and seconded by Dr. Edna MeGlynn:
That number four in the contract be mended to read as it appears in the contract you have
received.
Motion passed.
6. Motion made by Nancy White and seconded by Dr. Edna McGlynn:
"That we accept all of page two of the contract, as amended, through number six and
including the invalidating statement which appears as number seven".
Motion passed.
LIBRARY DIRECTOR
OF THE
BEVERLY PUBLIC LIBRARY
EMPLOYMENT CONTRACT
This is an agreement made this day of
19__, between and by the
(Board of Trustees )
of the hereinai~er referred to as the "Board" and the
(name of the library)
undersigned hereinafter referred to as the "Director",
(name of director)
in consideration of the promises herein contained, the Board and the Director agree as follows:
1. EMPLOYMENT: The Board hereby hires
(name of director)
as Library Director effective , and
(date) (name)
hereby accepts employment on the following listed terms and conditions and subject to the personnel
policies and regulations established by
(institution or municipality)
and contained in
(refer to bylaws, policy manual or other source)
2. SALARY: The salary of the director and future salary adjustments as established by
and comained in
(name of municipality or institution) (source)
In accordance with , the starting salary for
(source) (period of time)
shall be $
3. TERM: The Director shall be employed for a year period
commencing ,19 . During the duration of this coreract, the Director shall
have a right to continue in the same job as long as he/she remains able and willing to perform the
duties and obligations set forth in this contract. While this contract is in force, employment may
nevertheless be terminated upon the Board's written finding of cause, said finding having been
established in compliance with the following procedure to assure due process.:
The dismissal procedure is as follows:
3.1 At least twenty working days before a hearing at which the Board intends to decide
whether to terminate the Library Director's employment, the Board shall give written notice to the
Director including the time and place of the hearing, and the alleged cause necessitating the
termination and who shall conduct the heating;
3.2 The Director may attend the hearing, with or without counsel, to hear and cross-examine
all witnesses against the Director, and to present witnesses in defense;
3.3 The Board shall hold an open hearing if the Director requests that the heating be open;
3.4 After conducting the heating, the Board shall write a statement of those findings of fact
brought out by the hearing, upon which its decision shall be based, and a reasoned statement of the
mount of just compensation, if any, to which the Director is deemed to be entitled;
3.5 Within five working days after the hearing, the Director shall be provided a copy of the
Board's written statement of its findings and of its decisions based upon the facts found. 3.
4. NOTICE OF TERMINATION: The Director may terminate this contract by submitting
written notice to the Board not less than thirty days prior to the final day the Director intends to
work.
5. MATERIALS AND FACILITIES POLICIES: The Board has adopted a written policy,
which is hereby made a part of this contract, on selection of library materials and on use of materials
and facilities in compliance with the Library Bill of Rights and the Freedom to Read statement of the
American Library Association and other related policies, resolutions and statements defining the
principles set out in the basic documents of intellectual freedom.
In accordance with Chapter 322, Massachusetts General Laws of 1982, mending Chapter
78 by the addition of Sections 33 and 34, the Director may not be terminated or disciplined for acting
in good faith with said policies.
6. RESPONSIBILITIES: The Director shall be responsible forthe management and operation
of the library in accordance with policies and regulations established by the Board and
(municipality or institution)
Duties shall be as specified in the DUTIES AND RESPONSIBILITIES OF LIBRARY DIRECTOR,
a copy of which is attached to this contract.
7. INVALIDITY STATEMENT: Any term of this agreement which contravenes any law or
regulation thereunder in effect in the Commonwealth of Massachusetts, or any Federal law, is hereby
amended to conform with such law or regulation. If any part of this agreement shall be found to be
invalid, it shall not affect the remainder of said agreemere.
-LIBRARY DIRECTOR-
DUTIES AND RESPONSIBILITIES
The Library Director will:
1. Cooperate with the Board of Trustees in all established policies.
2. Be responsible for overseeing the physical condition of buildings; for effectuating normal
maintenance and repair, for advising Trustees of any emergency, of advising Trustees of capital
repairs needed, shall make reports at least semi-annually in May and November of the physical
condition of the library and equipment.
3. Be responsible for the creation, presentation and execution of the budget.
4. Act as technical advisor and be responsible for a monthly and an annual report. Each report will
contain information regarding: (1) finances, (2) circulation and (3) programs.
5. Be responsible for the administration of all contracts.
6. Recommend to the Board the employment of all full-time personnel and supervise the work of
said personnel.
7. Select and order all books and other library materials, according to the policy of the Board.
8. Be aware of community needs and with the approval of the Board, fulfill the following: (1)
carry out plans for extending library services, (2) be responsible for the writing of grants and/or
proposals, (3) create plans for the future and (4) maintain a program of public relations.
9. Attend all meetings and serve as secretary, if required (unless excused by the Board.
10. Be informed of local, state and national laws regarding library legislation and report such
information to the Board of Trustees.
11. Affiliate with state and national professional organizations and attend professional meetings
and workshops when they are of particular benefit to the library. The approval of the Board will
be required for expenditures not included in the budget.
12. Make use of the services and consultants of the State Library.