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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.