CONSTITUTION FOR THE HALL COUNTY LIBRARY SYSTEM
as drafted June 12, 1996
Adopted June 4, 1997
Amended August 28, 1997
Amended January 27, 1998
Amended October 27, 1998
Amended August 31, 1999
Amended October 23, 2001
Amended July 22, 2008
Amended June 22, 2010
Article I. Name
Section 1. The name of the library shall be the Hall County Library System.
Article II. Purpose
The Hall County Library shall furnish library service to the people of the county as set forth in the Constitution and Bylaws of the Hall County Library System, and under the regulations governing public libraries as set forth by the State of Georgia. The Hall County Library shall offer a full program of library service to all citizens of the county in accordance with the Mission Statement and other pertinent policies adopted by the Board.
Article III. Constituency
The Hall County Library System shall serve all citizens of Hall County through the Headquarters Library, branch libraries, bookmobile, and other extension services. The Headquarters is located at 127 Main Street NW Gainesville, GA. Communities served are: Braselton, Buford, Clermont, Flowery Branch, Gainesville, Gillsville, Lula, andOakwood.
Article IV. Governing Body
Section 1. The governing body of the Library System shall consist of a Board of Library Trustees. The operation of the Hall County Library System is legally vested in this board under the provisions of the Official Code of Georgia Annotated, Article 2, Chapter 5, Title 20.
Article V. Legal Authority
Section 1. The legal authority for public libraries and Board of Trustees is described in Title 20, Chapter 20, Chapter 5, Article 2, of the Official Code of Georgia Annotated, amended March 26, 1984.
Article VI. Library Board of Trustees
Section 1. The Hall County Library Board of Trustees shall be composed of 10 members appointed by the local government agencies providing direct financial support to the library Board of Trustees on an annual basis. For so long as Hall County is the only government agency supporting the library, Hall County Library Board members shall be appointed by the Hall County Commission.
Section 2. The term of the office shall be three years, with terms staggered so that not more than four members’ terms of office shall expire at one time. No member shall serve more than two consecutive three-year terms. Full terms will begin on July 1 and end on June 30 of the appropriate years.
Section 3. Any person appointed to the Hall County Library Board must be a resident of Hall County. If a Board member’s legal residence changes to another county, he/she shall be replaced on the Board.
Section 4. Vacancies shall be filled in the same manner as appointments are made. If a vacancy occurs prior to the expiration of a trustee’s term, the new appointee shall complete the unexpired term. If the unexpired term is one year or less, the appointee will still be eligible for two consecutive three-year terms under Article VI, Section 2.
Section 5. Board members shall receive no compensation but may be reimbursed for any reasonable and necessary expenses incurred in the performance of library business, or if stipulated in terms of any bequest or gift. Membership dues or fees for individual membership of Board members in state, regional and national library associations may be paid from operating funds.
Section 6. The Hall County Commission shall appoint an ex-officio member from its body to serve on the Board for a one year term. A full year term will begin on July 1 and will end June 30. The ex-officio member shall not have voting privileges.
Article VII. Officers
Section 1. The officers of the Hall County Library Board of Trustees shall be a Chairman and a Vice Chairman. These officers shall perform the duties prescribed by the Bylaws and by the parliamentary authority adopted by the Board.
Section 2. Nominations will be made by a committee of three Board Members appointed by the Chairman. The Chairman may serve as one of the three members of the nominating committee. An officer is elected for a two-year term and may not succeed himself/herself.
Section 3. The officers shall be elected at the last regular meeting of the fiscal year to serve a two-year term, and their terms of office shall begin at the first meeting of the new fiscal year (which runs from July 1 – June 30) for which they were elected to serve.
Section 4 The Vice-Chairman will also serve as Secretary and Finance Officer responsible for reporting to the Board minutes, official correspondence and financial reports.
Section 5. Any staff members authorized to handle library funds shall be bonded for an amount commensurate with the amount of funds handled, determined by the Board and entered in the minutes, and a copy of the bond filed with the Office of Public Library Services of the Board of Regents of the University System of Georgia.
Section 6. All federal, state and local funds used for the operation and improvement of the services and facilities of the Hall County Library System shall be received and shall be used in the accordance with the budget approved by the Board and the intent of the appropriation laws and regulations.
Article VIII. Executive Committee
An Executive Committee composed of the Chairman or Vice-Chairman of the Board and three additional members to be appointed by the Chairman shall be entrusted to govern in the name of the Board of Trustees between regular scheduled meetings of the Board.
Article IX. Committees
Committees may be appointed by the Chairman as needed. The Chairman shall appoint a Nominating Committee at the meeting prior to the election meeting, to formulate a slate of officers to be presented at the election meeting.
Article X. Contracts
Hall County Library System is authorized to make and enter into such contracts or agreements as are deemed necessary and desirable under provisions of Title 20, Chapter 5, Article 2 of the Official Code of Georgia Annotated.
Article XI. Amendment of Constitution
This constitution may be amended at any regular meeting of the Board of Trustees by a two-thirds vote of the members present, provided that notice is made in writing at least two weeks prior to the meeting, and provided a quorum is present. All amendments to the Constitution will be filed with the Director of the Hall County Library System and the Office of Public Library Services of the Board of Regents of the University System of Georgia immediately upon adoption.
Article XII. Non-Profit Compliance
Section 1. The Hall County Library System is organized and operated exclusively for charitable and educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code.
Section 2. No part of the net earnings of the Hall County Library System shall inure to the benefits of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof.
Section 3. No substantial part of the activities of the Hall County Library System shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or (b) by an organization, contributions to which are deductible under section 170( c)(2) of the Internal Revenue Code.
Section 4. Upon the dissolution of the Hall County Library System, assets shall be distributed for one or more exempt purposes within the meaning of section 501( c)(3) of the Internal Revenue Code, to organizations which have received exempt status under section 501( c)(3), or shall be distributed to the federal government, or to a state or local government, for a public purpose.