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1984-07-23 City of Beverly, Massachusetts Public Meeting Minutes Board: Library Trustees Subcommittee: Date: 07/23/1984 Place: Beverly Public Library Board members present: Nell B. Olson, Lester C. Ayers, Piehard L. Buckley, Connie E. Dooling, Katherine L. Fanning, Kathleen M. Henriehon, Kevin J. Murphy, Susan M. Salt, and Nancy A. White Board members absent: Others present: Howard Calish, Friends of the Beverly Public Library; Frances Trowt, Friends of the Beverly Faxms Library; Mr. Davies, New Telephone Company Recorder: Regular Meeting Board of Trustees - Beverly Public Library July 23, 1984 - 7:30 p.m. - Third floor - City Hall Present: Neil Olson, Kay Fanning Connie Dooling, Susan Salt, Keyin Murphy, Richard Buckley, Les Ayers, Nancy White, and Kathy Henrichon Also Present: Howard Calish, Fran Trowt, and Mr. Davies, New England Telephone Disposition of the minutes of the previous meeting: On the minutes of the meeting of June 12, 1984, Mr. BuckIcy moved that the minutes be accepted. Mr. Ayers seconded. Motion passed. Committee Reports: Finance Committee - no meeting. Personnel Committee - no meeting. Administration Committee - Mr. Murphy informed the Board that five (5) bids were received by the City regarding the repair of the library roof. The lowest bid was 75K which was submitted by Morellio Construction Company. The appropriation balances $66,162.88 which is approximately 9K less than the lowest bid. Mayor Monahan and Alan hubert are aware of this shortfall and will both take a look at the bid. The bid has a thirty day carry over which will run out on July 261h and an extension of the time allowance on the bid will be sought by the City. Librarian's Report: The financial statement for FY 83/84 reflects the following: Mrs. Penta's buy back request totals $5,879.28. 10K is for construction of a ramp at the branch. An appropriation of $66,162.68 is for roof repair at the Library. The sum of $8,264.37 that appears to be a credit in the book purchasing account represents books that have been ordered but not yet paid for. $2,860.00 has been appropriated for the repair of the chimney at the Library. There is a credit of $1,644.88 in the budget. This sum is returned to the City and Mr. Olson noted that Mrs. Calish had submitted a budget that closely reflected the expenditures. Mrs. Calish informed the Trustees of a letter dated June 19th from Nancy Aberman, Asst. Librarian, informing the Trustees of her resignation effective July 20th. A discussion followed concerning Mrs. Calish's recommendations for filling the position and other alternatives. Any decision has to be approved by the Board of Aldermen and they will not meet again until September. A motion was made by Mrs. Dooling and seconded by Mr. Buekley that the vacancy be referred to the Personnel Committee. Motion passed. Tom Hindman is acting Asst. Director until the matter is settled. Mr. Buekley moved and Mr. Ayers seconded the motion that the vacancy in the special services department be referred to the Personnel Committee. Motion passed. Part time personnel will be used to supplement until staffing is re-organized. Mrs. Calish informed the Trustees of the resignation of Robin Fenn-Elbot, Children's Librarian. The resignation is effective September 5th. Both resignations are to be regretfully accepted and letters sent to Mrs. Aberman and Mrs. Elbot wishing them well and thanking them for their work on behalf of the Beverly Library. Mrs. Calish reported that the Microfilm printer/reader is broken and cannot be repaired. The cost of a Minolta and necessary storage cabinets mounts to $5,123.00. She requested that purchase funds be taken from the Trustees' portion of income from the Trust Funds. Mrs. Salt moved that the Trustees expend $5,123.00 from Trust Funds for total expenditures for the aforementioned equipment. Ms. White seconded the motion and the motion passed with Mr. Ayers dissenting. New Library hours will take effect after Labor Day and represent a return to the pre-Proposition 2 ¼ hours, that is, the Library will be open 69 hours weekly. The Branch is to be opened 20 hours weekly to include the hours of 2 to 7 p.m. on Thursday and 9 to 2 on Friday. On Thursday, September 20th, there will be a breakfast and lecture at 7:30 a.m. concerning Walter Lippman and the Vietnam War, by the author of a book about Walter Lippman. Communications: Mr. Olson read a letter from Mayor Monahan requesting that the Trustees hold all meetings at City Hall. After a discussion concerning the acoustics and public access to City Hall Mr. Olson stated that he will inform the Mayor that the Trustees will occasionally hold their meetings at City Hall. A letter was received from Mr. Martin Lawyer Jr. complimenting the staff at the reference desk for their kindness and courtesy. The Beverly Historical Society requested that the Trustees accept the books of Charles Galoupe. The books comprise a gif~ to the City from Mr. Galoupe and the deed states that the books are to be maintained in a separate room. There are no trust funds to maintain the request. Ms. White moved that the Trustees answer the correspondence thanking the Beverly Historical Society for offering the collection but declining the offer. Mrs. Hemichon seconded. The motion passed. Mrs. Calish will write the letter. There were three letters requesting information about the Farms' holiday hours. Old Business: Mrs. Calish will inquire about the status of the following: 1) posting the parking lot to inform those who park illegally that they will be towed. 2) Mr. Taubert determining whether the post in the side lot can be removed in order to provide new additional parking for library employees. 3) the starting date for construction of a ramp at the Branch. Mrs. Calish will notify the Trustees of her findings on these matters. New Business: New England Telephone representative Mr. Davies requested that the Trustees grant N.E.T. permission to construct a controlled environment unit in the NW corner of the property where the Branch is located. The purpose of the unit is to provide improved telephone service to subscribers in that area. Mrs. Salt moved that the request be referred to the Parks and Recreation Department as the portion of land where CEU is proposed to be located is deeded to that department. Mrs. Henrichon seconded and the motion passed. The next meeting of the Beverly Library Trustees will be held on Monday, September 17th at 7:30 at the Library. Mr. Ayers moved that the meeting be adjourned. Mr. Buckley seconded. The meeting adjoumed at 9:10 p.m. Respectfully submitted, Kathleen Henrichon Secretary EMPLOYMENT CONTRACT Agreement between the Board of Trustees of the Beverly Public Library, hereinaf~er referred to as the "Board" and Esther Calish, hereina~er 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 employs Esther Calish as Library Director and Esther Calish hereby accepts employment at the following listed terms and conditions. 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 or at such other grade as may be established for the Director in the future pursuant to a duly enacted ordinance of the City of Beverly. 3. TERM: The Director shall be employed for a two-year period commencing and her employment shall thereafter be renewed on an annual basis unless there exists just cause for the non-renewal of such employment. The terms of this contract shall remain in effect from year to year unless the parties agree in writing to modify any such terms. In the event that the Board determines not to renew this contract upon the expiration of any yearly period, then the procedural requirements set forth in paragraph 4 shall apply. 4. DISMISSAL: Anything contained in this agreement to the contrary notwithstanding, the Board may terminate the Director's employment at any time during the term hereof upon the Board's written finding, supported by clear and convincing evidence of inefficiency, incapacity, conduct unbecoming a Library Director, insubordination, breach of contract, or other good cause, said finding having been established pursuant to the following procedure: a. At least twenty-one (21) days before a heating at which the Board intends to decide whether the terminate the Library Director's employment, the Board shall give written notice to the Director including the time and place of the heating, and the notice shall specify in detail the alleged cause necessitating the termination and who shall conduct the heating; 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 heating if the Director requests that the hearing be open, otherwise it should be an executive session; d. Within thirty (30) days after the heating, 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 and her counsel, if any; e. A vote of two thirds (2/3) of the full membership of the Board shall be required to sustain the dismissal of the Director; f. Upon request of either party a transcript of the hearing will be made and the cost of preparation of such transcript will be shared by both parties; and g. Nothing contained herein shall limit the Director's right to appeal a decision of the Board terminating employment by bringing an action in Superior Court provided that such action must be brought within ninety (90) days of the Director's receipt of the Board's decision, provided, however, that the Board and the Director may decide in advance of a hearing to submit their disagreement to an impartial arbitrator whose decision shall be final and binding upon the parties. 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 contra~t, on selection of library materials on use of materials and facilities and service goals 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. The Board hereby, delegates to the Director the power to act as its agent in administration of said book selection and service policies. 7. DUTIES AND RESPONSIBILITIES: The Director shall diligently, faithfully and competently 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 to the extent that such policies, procedures and directives have been approved by a majority of the Board and are in keeping with the duties of the Library Director. 8. BENEFITS: The Director shall be entitled to the benefits set forth in the addendum attached hereto. Unless otherwise stated expressly in writing, such benefits shall be consistent with those granted department heads pursuant to Ch. 20 of the Beverly Personnel Ordinances. 9. PROBATIONARY PERIOD: The Board hereby acknowledges that the incumbent Director has already served a probationary period in 1977 and hence no additional probationary period is provided for by this agreement. 10. 1NVALIDITY 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 mended 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. 11. ENTIRE AGREEMENT: This contact 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 , 1984. BY: Board of Trustees Chairman Director 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, fifty (50) per cent of the accrued sick leave shall be paid to the spouse, next of kin, the Director's estate or the Director's legally designated beneficiary. B. Vacation: The Library Director shall be entitled to four weeks vacation with pay, annually. 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 may 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, brother-in-law, sister-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. The Director will implement all written policies duly enacted by a majority of the Board, including such new policies as are hereinafter enacted by the Board. The Director may from time to time recommend to the Board new policies or changes to be enacted, but final discretion to make such changes will reside in the majority of the Board. The Board and the Director will cooperate in the implementation of all such policies. 2. Be responsible for overseeing the physical condition of buildings; for effeetuation of normal maintenance and repair, for advising Trustees of any emergency, or advising Trustees of capital repairs needed, and 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. Upon approval of the budget by the Board and the City, it is the Director's responsibility to administer the services and staffof the Library to meet the goals and objectives set forth in 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, including the assignment 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 Board meetings and ensure that records of Board meetings are kept. (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 provided for in the budget, or in the funds set aside as trust funds income allocated to professional development, which funds may be used by the Director in her discretion pursuant to the existing guidelines relative to such funds. 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 as are appropriate to the position of Director.