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1983-12-19 City of Beverly, Massachusetts Public Meeting Minutes Board: Library Trustees Subcommittee: Date: 12/19/1983 Place: Beverly Public Library Board members present: Richard L. Buekley, Lester C. Ayers, Connie E. Dooling, Katherine L. Fanning, Roger E. Moreney, Keyin I. Murphy, Nell B. Olsort, and Nancy A. White Board members absent: Others present: Kathleen M. Henrichon, League of Women Voters; Howard Calish, Friends of the Beverly Public Library; Thomas Hindman, Library staff Recorder: Nancy Abeman Regular Meeting Board of Trustees-Beverly Public Library December 19, 1983 Present: Richard BuckIcy, Connie Dooling, Nancy White, Kay Fanning, Kevin Murphy, Neil Olson, Les Ayers, Roger Morency. Mr. Buckley announced the resignation for health reasons of Dr. Edna McGlynn from the Board of Trustees. Also present: Esther Calish, Nancy Abeman; John Gold, Beverly Times; Kathleen Henrichon, League of Women Voters; Howard Calish, Tom Hindman. Documents distributed: 1) Addition to Financial Statement for November; 2) Material regarding roof situation; 3) Benefits (Section 8) addendum to librarian's contract; 4) Prices regarding expansion of the database. Disposition of minutes of previous meeting: The minutes of the previous meeting were accepted with the following change in the last paragraph under "Unfinished Business", which should read: Mr. Morehey seconded the amendment. A motion was made by Ms. White and seconded by Mr. Ayers to table the amendment motion. Motion passed. Mr. Murphy moved to table the motion regarding the adoption of the contract. Mr. Ayers seconded. Motion passed." The amended minutes were accepted by unanimous consent. Committee Reports: Administration: Mrs. Fanning reported that the letter received from Mr. John Davis for the New England Telephone in regards to the terminal was given to the City Solicitor Ricci. He informed Mrs. Calish that was the decision of the Alderman. So this matter is now before the Alderman. She also reported that some Loring family members contacted her regarding the handicapped ramp at the Farms Branch and expressed their desire to assist with landscaping the area that the Loring Family had given to the library by donating shrubs and landscaping to enhance the area. Mrs. Calish reported that Alan Taubert had several workers reset the hinges on the front doors so that they no longer stick. Mr. Taubert said that contractors should be retained for other noted repair problems. Mr. Murphy reported on the roof that a letter had been received from Eric Kluz regarding the bidding process. Mr. Murphy wrote to the Mayor and distributed copies of correspondence to Board members. The correspondence was placed on file. Personnel: There was no meeting. Finance: Mr. Morency reported that there was no quorum at the meeting of December 6. The report of the meeting of December 19 on the 1984/85 budget is one of progress. Committee reports were placed on file. Task Force: Action on Librarian's contract will come under New Business. Report of the Librarian: 1) Mrs. Calish discussed the financial statement and the replacement ordering. 2) She referred to the memo from the Board of Library Commissioners regarding a new connected database for several area academic libraries to join NOBLE. The matter was referred to the Administration Committee. 3) Mrs. Calish outlined several proposed changes in the NOBLE by-laws. The matter was referred to the Administration Committee. 4) She also discussed the status of the computer system and the status of the 5 new libraries who have joined the system. 5) Mr. Ricci is reviewing the confidentiality statement. Mrs. Calish noted several questions regarding the legislation with respect to privacy laws within the state which govern confidentiality issues. 6) She also distributed information on prices for expansion of the data base. Communications: 1) The city ordinance appropriating $10,000 for the handicapped ramp at the Beverly Farms Library was read. 2) A letter was read from Robert Perron, President Emeritus of the Beverly Historical Society, regarding the Larcom family papers which are located at the library. The Society suggested transferring the material to the Society to be stored with other Larcom papers in a fire-proof vault in acid-free folders for long-time preservation. The matter was referred to the Administration Committee. 3) Mr. Buckley noted an invitation to an open house honoring Mayor Fortunato on Thursday, December 22 from 4 to 7:30 at City Hall. Communications were placed on file. Unfinished Business: 1) Regarding publishing names of delinquents, Mrs. Calish noted that Mr. Rieei has the matter under advisement; in addition, the legislation is being reexamined. 2) Mr. Murphy reported that he and Ms. White had received a letter of complaint about the library from a citizen who did not want the letter distributed to others. Mr. Murphy reported to the Board that both he and Ms. White spoke to the individual and stated that any complaints can be directed to the Board as a whole or to individuals to bring up before the Board. New Business: The following motion was made by Mr. Morency and seconded by Mrs. Dooling, and passed: WHEREAS: Dr. Edna MeGlynn has given many years of dedicated service as a Trustee of the Beverly Public Library; and WHEREAS: this institution, this board and this community have received great benefit from her knowledge, insights and cheerful devotion to duty; and WHEREAS: Dr. MeGlynn has signified her intention to resign for reasons of health; therefore BE IT RESOLVED that the Trustees of the Beverly Public Library express our thanks to Dr. MeGlynn and best wishes for many years of good health. BE IT FURTHER RESOLVED that this motion be entered on the records and a copy forwarded to our esteemed colleague, Dr. MeGlynn. Mr. BuckIcy outlined action which had been taken on the Collective Bargaining agreement. He noted that the contract will remain the same for the period of July 1, 1982 to June 30, 1984 with the following changes: 1) (Retroactive) salary increases on 7/1/72 (5-2%) and 7/1/83 (51-2%); b) change in vacation clause and c) for work on Christmas Eve, employees do not have to make up time off. A motion was made by Ms. White and seconded by Mrs. Dooling that the Trustees approve the amendments to the contract for employees in the collective bargaining unit. Motion passed. Mrs. Fanning made a motion that the Board of Trustees go on record as endorsing with thanks the action &Mayor Fortunato and the Board of Aldermen in providing a ramp for the handicapped at the Beverly Farms Library. Mr. Moreney seconded. Motion passed. Mrs. Dooling moved, and Mr. Morency seconded, the motion that the matter of the adoption of the Librarian's contract be taken from the table. Motion passed. The action comes on the motion by Mrs. Dooling, seconded by Mr. Morehey, on the adoption of the Librarian's contract. Mrs. Dooling distributed copies of the list of Benefits. Mrs. Dooling moved, and Mr. Ayers seconded, that the proposed contract as presented by amended to include the Benefits summary as presented, under Section 8. Motion passed. On the motion of adoption of the contract as amended, motion passed. A motion was made by Mrs. Dooling and seconded by Mr. Morency that the contract as accepted be posted in the Main Library and an advertisement be placed in the Beverly Times, Salem News and Boston Globe, with applications to be received by January 7, 1984 with election of the Librarian to come at the January 16 Board meeting. Mr. Ayers moved to amend the previous motion to substitute the date of February 1, 1984 for dosing of applications with election to come at the February Board meeting. Ms. White seconded. Motion passed. Action on the motion as amended, motion passed. Mrs. Fanning invited everyone to attend the Christmas party at the Farms Branch on Thursday, December 22 from 3 to 6 p.m. Motion was made by Mr. Morency and seconded by Mr. Ayers to adjourn. The meeting was adjourned at 9:30.p.m. Nancy S. Aberman Recorder EMPLOYMENT CONTRACT Agreement between the Board of Trustees of the Beverly Public Library, hereinafter referred to as the "Board" and , hereinafier referred to as the "Director." In consideration of the mutual promises herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the Board and the Director agree as follows: 1. EMPLOYMENT: The Board hereby employees as Library Director effective as of__and hereby accepts employment on the following listed terms and conditions and subject to the personnel policies and regulations established by the Board and contained in 2. SALARY: The Board agrees to pay the Director for the diligent, faithful and competent performance of her duties and responsibilities at the annual rate of Municipal Grade 20. 3. TERM: The Director shall be employed for a two-year period commencing and ending This agreement specifically excludes any rollover provision. 4. DISMISSAL: Anything contained in this agreement to the contrary not withstanding, the Board may terminate the Director's employment at any time during the term hereof upon the Board's written finding of inefficiency, incapacity, conduct unbecoming a Library Director, insubordination, breech of contract, or other good cause, said finding having been established pursuant to the following procedure: a. At least 10 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 hearing; b. 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; c. The Board shall hold an open hearing if- the Director requests that the hearing be open otherwise it should be an executive session; d. Within 10 days after the hearing, the Board shall issue its decision together with the findings of fact on which said decision is based and provide a copy thereof to the Director. 5. 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. 6. 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. During the term of this agreement, the Director may not be terminated or disciplined for acting in good faith in accordance with said policies. 7. DUTIES AND The Director shall diligently, faithfully and competen~y perform the duties and responsibilities set forth in the job description of the Director, a copy of which job description is attached hereto. She shall comply with the policies and procedures of the Board of Trustees and shall serve and perform such duties at such times and places and in such manner as the Board may from time to time direct. 8. BENEFITS: see Benefits, A - E, Pages 1 & 2 9. INVALIDITY STATEMENT: Any tern of this agreement 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 agreement. 10. ENTIRE AGREEMENT: This contract embodies the whole agreement between the Board and Director and there are no inducements, promises, terms, conditions, or obligations made or entered into by either party other than those contained herein. Signed this day of 19 .. BY: Board of Trustees BY: Library Director Chairman Director Director BENEFITS-page 1. A. Sick Leave: The Library Director shall be entitled to accrue sick leave with pay at the rate of two (2) days for each month of active service, not to exceed twenty (20) days per year. The Director shall be entitled to accumulate two hundred (200) days sick leave. Upon retirement, the Director will be paid fifty (50) per cent of the accrued sick days as severance pay. If the termination is by demise, ~fi3J (50) per cent of the accrued sick leave shall be paid to the spouse, next ofldn, to the Director's estate or the Director's legally designated beneficiary. B. Vacation: The Library Director shall be entitled to vacation with pay according to the following schedule: Length of Continuous Service as of Anniversary Date of Employment More than one (1) year of continuous service but less than five (5) years More than three (3) years of continuous service but less than five (5) years More than five (5) years of continuous service Amoum of Vacation Two (2) weeks Three (3) weeks Four (4) weeks Vacation time not be carried over from year to year. C. Holidays: The Library Director shall be entitled to the following paid holidays: New Year's Day Labor Day Labor Day Martin Luther King, Jr.'s Birthday Columbus Day George Washington's Birthday Veterans Day Patriots Day Thanksgiving Day Memorial Day Christmas Day Independence Day plus any other regularly scheduled workday, up to a maximum of two (2) days, that my be declared a holiday by the Governor, the General Court or the City of Beverly, Provided the Library is in fact closed on said day. D. Funeral Leave: In the event of a death in the Director's immediate family, the Director shall be allowed to be absent from work, with pay, on all work days falling within the five calendar days commencing the day of death. Immediate family means husband, wife, child, grandchild, parent, grandparent, brother, sister, mother-in-law, father-in law, or a person living in the Director's immediate household. E. Personal Leave: The Director shall be allowed each calendar year, three (3) personal days with pay. Personal days shall not be cumulative from year to year. 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, or 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 ~ull-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. 13. Such other duties that may be assigned by the Board of Trustees.