HomeMy WebLinkAboutAgenda AUGUSTCITY OF NEWPORT BEACH
BOARD OF LIBRARY TRUSTEES AGENDA
Newport Beach Public Library
1000 Avocado Avenue, Newport Beaach, CA 92660
Monday, August 20, 2018 - 5:00 PM
Board of Library Trustees Members:
Janet Ray, Chair
Paul Watkins, Vice Chair
Douglas Coulter, Secretary
Kurt Kost, Board Member
Jill Johnson-Tucker, Board Member
Staff Members:
Tim Hetherton, Library Services Director
Elaine McMillion, Administrative Support Specialist
The Board of Library Trustees meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act
requires that the Board of Library Trustees agenda be posted at least seventy-two (72) hours in advance of each regular
meeting and that the public be allowed to comment on agenda items before the Board and items not on the agenda but
are within the subject matter jurisdiction of the Board of Library Trustees. The Chair may limit public comments to a
reasonable amount of time, generally three (3) minutes per person.
The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will
attempt to accommodate you in every reasonable manner. Please contact Tim Hetherton, Library Services Director, at
least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation
is feasible at (949) 717-3801 or thetherton@newportbeachca.gov.
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the Library Services
Department 24 hours prior to the scheduled meeting.
I.CALL MEETING TO ORDER
II.ROLL CALL
III.NOTICE TO THE PUBLIC
The City provides a yellow sign-in card to assist in the preparation of the minutes. The
completion of the card is not required in order to address the Board of Library Trustees. If the
optional sign-in card has been completed, it should be given to the Administrative Support
Specialist.
The Board of Library Trustees of Newport Beach welcomes and encourages community
participation. Public comments are generally limited to three (3) minutes per person to allow
everyone to speak. Written comments are encouraged as well. The Board of Library Trustees
has the discretion to extend or shorten the time limit on agenda or non-agenda items. As a
courtesy, please turn cell phones off or set them in the silent mode.
IV.PUBLIC COMMENTS ON CONSENT CALENDAR
Public comments are invited on agenda items. Speakers must limit comments to three (3)
minutes. Before speaking, we invite, but do not require, you to state your name for the record.
The Board of Library Trustees has the discretion to extend or shorten the speakers’ time limit
on agenda items, provided the time limit adjustment is applied equally to all speakers. As a
courtesy, please turn cell phones off or set them in the silent mode.
August 20, 2018
Page 2
Board of Library Trustees Meeting
V.CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and will all be
enacted by one motion in the form listed below. The Board of Library Trustees has received
detailed staff reports on each of the items recommending an action. There will be no separate
discussion of these items prior to the time the Board of Library Trustees votes on the motion
unless members of the Board of Library Trustees request specific items to be discussed and/or
removed from the Consent Calendar for separate action. Members of the public who wish to
discuss a Consent Calendar item should come forward to the lectern upon invitation by the
Chair.
A.Consent Calendar Items
Minutes of the July 16, 2018 Board of Library Trustees Meeting1.
2 MINUTES
Customer Comments2.
Monthly review of evaluations of library services through suggestions and requests
received from customers.
3 Comments
Library Activities3.
Monthly update of library events, services and statistics.
4 Library Activities Report
Expenditure Status Report4.
Monthly expenditure status of the library's operating expenses; services, salaries and
benefits by department.
5 Financials FY End Aug 2018
6 Financials FYTD 2018-19
Board of Library Trustees Monitoring List5.
List of agenda items and dates for monthly review of projects by the Board of Library
Trustees.
7 Monitoring List
VI.CURRENT BUSINESS
A.Items for Review
August 20, 2018
Page 3
Board of Library Trustees Meeting
Appeal to Board of Library Trustees6.
Mr. Kenneth Lundy will appeal his suspension to the Board of Library Trustees.
Informational Technology Update7.
Mr. Avery Maglinti, City Information Technology Applications Supervisor, will provide
an update on Library IT services and projects.
Corona del Mar Branch Project Update8.
Staff will update the Board on the Corona del Mar Branch Library replacement
project.
8 VI A 8 - CdM Report
August 20, 2018
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Board of Library Trustees Meeting
Board of Library Trustees Policy Review9.
The Library Policy Ad Hoc Subcommittee requests that the Board of Library
Trustees approve the following:
a) Add the Memorandum of Understanding relating to the shared
governance of the Newport Beach Library Director, Cooperating
Agreement Between the Newport Beach Public Library Board of Library
Trustees and the Newport Beach Public Library Foundation, to policy
binder;
b) Revise the Board Policy binder table of contents to reflect a separate
listing of Council Policies and Library policies;
c) Adopt a labeling scheme for former Council Policies and Library
policies;
d) Combine the Gift and Donor Policy and Newport Beach Public Library
Gift Policy into a single policy;
e) Add, at the end of each posted Library policy, the following language:
"This policy will be periodically reviewed by the Board of Library
Trustees on the first to occur of (i) as circumstances may require or (ii) every
two years from the date of adoption, last amendment, or last review. Last
reviewed by the Board of Library Trustees on _____, 20__.";
f) Update each binder with tabs and replacement pages for the Table of
Contents, City Council Policies, and Library policies.
9 2018-08-20 - VI A 9 Staff Report - Board of Library Trustees Policy review
10 2018-08-20 - VI A 9 A MOU Shared Governance
11 2018-08-20 - VI A 9 B Cooperative Agreement
12 2018-08-20 - VI A 9 C FOL Articles of Incorporation
13 2018-08-20 - VI A 9 D BY LAWS
14 2018-08-20 - VI A 9 E Gift and Donor Policy
15 2018-08-20 - VI A 9 F NBPL Gift Policy
16 2018-08-20 - VI A 9 G REDLINED
17 2018-08-20 - VI A 9 H FINAL
August 20, 2018
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Board of Library Trustees Meeting
Collection Development Policy10.
Staff requests that the Board review and approve the Newport Beach Public Library
Collection Development policy.
18 VI A 10 - Collection Development Policy August 2018
19 VI A 10 - A Current
20 VI A 10 - B Redlined
21 VI A 10 - C Revised
Lecture Hall Update11.
Chair Johnson-Tucker will provide an update on activities related to efforts to
integrate a lecture hall on the Central Library site.
Library Services12.
Report of Library issues regarding services, customers and staff.
B.Monthly Reports
Friends of the Library Liaison Report - DC13.
Trustee update of the most recently attended Friends of the Library Board meeting.
Library Foundation Liaison Report - JJT14.
Trustee update of the most recently attended Library Foundation Board meeting.
Witte Lectures Committee Liaison Report - KK15.
Trustee update of the most recently attended Witte Lectures Committee's meeting.
Literacy Services Liaison Report - TH & PW16.
Trustee update of the most recently attended Literacy Services Advisory Board
meeting.
Library Live Lectures Liaison Report - JR17.
Trustee update of the most recently attended Library Live Lectures Committee's
meeting.
August 20, 2018
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Board of Library Trustees Meeting
VII.PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited on non-agenda items generally considered to be within the subject
matter jurisdiction of the Board of Library Trustees. Speakers must limit comments to three (3)
minutes. Before speaking, we invite, but do not require, you to state your name for the record.
The Board of Library Trustees has the discretion to extend or shorten the speakers’ time limit
on agenda or non-agenda items, provided the time limit adjustment is applied equally to all
speakers. As a courtesy, please turn cell phones off or set them in the silent mode.
VIII.BOARD/COMMITTEE/COMMISSION ANNOUNCEMENTS OR MATTERS WHICH
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,
ACTION OR REPORT (NON-DISCUSSION ITEM)
IX.ADJOURNMENT
DRAFT
CITY OF NEWPORT BEACH
Board of Library Trustees
Newport Beach Public Library 1000 Avocado Avenue, Newport Beach 92660 Meeting Minutes
July 16, 2018 - 5:00 p.m.
I.CALL MEETING TO ORDER – Chair Johnson-Tucker called the meeting to order at5:03 p.m.
II.ROLL CALL - Roll call by Administrative Support Specialist Elaine McMillion
Trustees Present: Chair Jill Johnson-Tucker, Vice Chair Janet Ray, Secretary Paul
Watkins, Board Member Kurt Kost, Board Member Douglas Coulter
Trustees Absent: None
Staff Present: Library Services Director Tim Hetherton
Administrative Support Specialist Elaine McMillion Assistant City Manager Carol Jacobs
Circulation & Technical Processing Coordinator Melissa Hartson
Branch & Youth Services Coordinator Debbie Walker
III.ELECTION OF OFFICERS
Motion made by Board Member Watkins, seconded by Board Member Coulter, and carried
(5-0-0-0) to elect Board Member Ray to the office of Chair.
AYES: Johnson-Tucker, Ray, Watkins, Kost, Coulter
NOES:ABSTENTIONS:
ABSENCES:
Motion made by Board Member Coulter, seconded by Board Member Johnson-Tucker,
and carried (5-0-0-0) to elect Board Member Watkins to the office of Vice Chair.
AYES: Johnson-Tucker, Ray, Watkins, Kost, Coulter
NOES:
ABSTENTIONS:ABSENCES:
Motion made by Board Member Watkins, seconded by Board Member Johnson-Tucker,and carried (5-0-0-0) to elect Board Member Coulter to the office of Secretary.
AYES: Johnson-Tucker, Ray, Watkins, Kost, CoulterNOES:
ABSTENTIONS:
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Board of Library Trustees Meeting Minutes July 16, 2018
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ABSENCES:
IV. NOTICE TO THE PUBLIC
V. PUBLIC COMMENTS None
VI. CONSENT CALENDAR
A. Consent Calendar Items
1. Minutes of the June 18, 2018 Board of Library Trustees Meeting
Vice Chair Watkins revised the Minutes to add "in the Central Library" to the end of the
first sentence of the first full paragraph on page 3 of the Minutes.
Motion made by Board Member Coulter, seconded by Board Member Johnson-Tucker,
and carried (3-0-2-0) to approve the Minutes of the June 18, 2018 meeting as amended. AYES: Watkins, Coulter, Johnson-Tucker
NOES: ABSTENTIONS: Ray, Kost ABSENCES:
2. Customer Comments
Monthly review of evaluations of library services through suggestions and
requests received from customers.
3. Library Activities
Monthly update of library events, services and statistics.
4. Expenditure Status Report
Monthly expenditure status of the library's operating expenses, services, salaries, and benefits by department.
5. Board of Library Trustees Monitoring List
List of agenda items and dates for monthly review of projects by the Board
of Library Trustees. Motion made by Board Member Coulter, seconded by Board Member Johnson-Tucker,
and carried (5-0-0-0) to approve the Consent Calendar.
AYES: Ray, Watkins, Coulter, Kost, Johnson-Tucker
NOES: ABSTENTIONS:
ABSENCES:
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Board of Library Trustees Meeting Minutes July 16, 2018
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VII. CURRENT BUSINESS
A. Items for Review
6. Corona del Mar Branch Project Update Staff will update the Board on the Corona del Mar Branch Library replacement project.
Library Services Director Hetherton reported the slab has been poured for the new Corona
del Mar Branch and the contractor is expecting delivery of steel beams. The Public Works
Department continues to evaluate options for sound abatement. He will have a more detailed report in August.
Vice Chair Watkins advised that work is progressing at the site. The anticipated completion date is the summer of 2019.
7. Statistical Comparison Report of Peer Libraries/meeting Spaces Staff will provide a statistical comparison of the Newport Beach Public
Library and regional peer libraries. Library Services Director Hetherton indicated the Newport Beach Library is at the top of
its class in comparison to peer public libraries. The California State Library report does not include circulation statistics even though staff reports the data. The Library continues to spend a significant amount of its materials budget on print materials. The number of
visits to the Cerritos library is unbelievable for the size of the city, but Cerritos' libraries are considered destinations. Information for lecture halls shows they are well used. He did
not understand why the Newport Beach Public Library did not rate four stars when the
Library is competitive with other libraries across all categories. The Newport Beach Library lags in the category of internet use probably because most households in Newport
Beach have internet access and electronic devices.
Chair Ray requested a comparison of Newport Beach Public Library with other three-star
libraries.
Vice Chair Watkins remarked that the Library will continue to improve its services with the
support of the Library Board of Trustees regardless of its star rating. After some discussion of population, program attendance, and visitors to the Cerritos
library, Board Member Johnson-Tucker suggested the Library Board of Trustees visit the Cerritos library to see the facilities and programs.
Ronnie Watkins remarked that 44 percent of lower socioeconomic households rely on libraries for internet access.
Jim Mosher suggested a virtual visit to the Cerritos library or inviting a member of Cerritos' staff to a meeting. He concurred that staff and Board Members should not be concerned
with the star rating and encouraged Board Members to review all data reported by the
Library Journal.
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Board of Library Trustees Meeting Minutes July 16, 2018
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8. Proposed Library Closures for Winter Holidays 2018
Staff recommends a proposed Library holiday schedule for Board approval. Library Services Director Hetherton requested the Board of Library Trustees approve early
closure on December 26-29, 2018, for all Library locations. Based on a labor agreement, all locations will close at 1:00 p.m. on December 24 and 29.
In response to Board Member Johnson-Tucker's question, Library Services Director Hetherton advised that the proposed closures are similar to closures approved in past
years.
Motion made by Vice Chair Watkins, seconded by Board Member Coulter, and carried (5-
0-0-0) to approve the 2018 winter holiday schedule as proposed.
AYES: Ray, Watkins, Coulter, Kost, Johnson-Tucker
NOES: ABSTENTIONS: ABSENCES:
9. Board of Library Trustees Manual and Policy Review
The Board of Library Trustees will be given a Board of Library Trustees
Manual and discuss a plan to review each Library policy. Library Services Director Hetherton reported staff placed all current Library policies and
current and former Council policies applicable to the Library in the binders for Board Members. Once the Board of Library Trustees has reviewed or revised a Library policy,
staff will provide hard copies with the appropriate annotation for inclusion in the binders.
The subcommittee needs to develop a strategy for ongoing review of Library policies.
Vice Chair Watkins advised that the subcommittee will focus on all policies and
recommend an ongoing schedule for reviewing policies.
Karen Clark recommended the manual contain the agreement between the City and the Library Board of Trustees for selection of the Library Services Director as the agreement is not well known. Board Member Johnson-Tucker concurred. Vice Chair Watkins
suggested the Charter provision mentioning the agreement, if it exists, also be included in the manual. Library Services Director Hetherton noted the agreement is mentioned in the Bylaws for the Library Board of Trustees.
Jim Mosher shared his belief that the Library Board of Trustees' decisions should be memorialized in the form of a resolution with copies provided online and at the Central
Library reference desk. In addition, copies of previous Library Policies should be retained for future reference.
10. Newport Beach Public Library Collection Development Policy Staff requests that the Board review and approve the Newport Beach
Public Library Collection Development Policy.
Circulation & Technical Processing Coordinator Melissa Hartson reviewed proposed
changes to revise the title of "Request for Book Purchase Form" to "Suggest a Title;" to
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Board of Library Trustees Meeting Minutes July 16, 2018
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include the California Library Services Act language in universal borrowing information;
and to add or refer to the American Library Association's Freedom to Read Statement. Language from the California Library Services Act should be included in the collection Development Policy rather than the Circulation Policy because it allows customers to
check out materials from any California public library that participates in universal borrowing.
Vice Chair Watkins supported staff's proposed changes and suggested the Freedom to Read Statement be included as an attachment to the Collection Development Policy.
Board Member Johnson-Tucker and Board Member Coulter preferred staff include links
to the Freedom to Read Statement and Library Bill of Rights in language of "the Newport Beach Public Library strives to achieve the principles set forth in the Library Bill of Rights
and the Freedom to Read Statement." Incorporating the two documents into the policy
would make them Library policy. Board Member Kost concurred with including links to both documents.
In response to questions, Circulation and Technical Processing Coordinator Hartson explained that universal borrowing is referenced in the Circulation Policy. The Collection
Development Policy could contain language such as "the Newport Beach Public Library endorses the principles contained in the Library Bill of Rights and the Freedom to Read Statement."
Karen Clark believed most people are not interested in reading lengthy policies. If individuals are interested in the American Library Association's documents, they can
follow the links contained in the policy.
Library Services Director Hetherton indicated staff will draft language to reference both
documents and present a final policy draft for approval in August. Board Member Johnson-Tucker agreed to work with Circulation & Technical Processing Coordinator
Hartson to craft language.
Jim Mosher suggested combining the two paragraphs regarding requesting a title. The
Collection Development Policy does not explain universal borrowing. Staff can utilize the Freedom to Read Statement to explain why staff cannot remove material from the Library's collection. Language for the Collection Development Policy could be "the Library Board
of Trustees directs staff to seek guidance in policies attached hereto." The Collection Development Policy is broad and does not provide much guidance as to materials staff should obtain for the Library collection.
Board Member Johnson-Tucker preferred a policy that is broad and allows new staff members to create an approach to collecting materials.
11. Lecture Hall Update
Chair Johnson-Tucker will provide an update on activities related to efforts
to integrate a lecture hall on the Central Library site.
Board Member Johnson-Tucker reported the team will meet on August 6 to hear opinions,
develop ideas, and provide guidance to the architects. Lecture halls in association with libraries are common. Lecture halls are frequently located adjacent to libraries even when
lecture halls are not a function of libraries.
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12.Library ServicesReport of Library issues regarding services, customers, and staff.
Library Services Director Hetherton advised that staff is adjusting to Melissa Kelly's retirement, and administrative staff has assumed her responsibilities. Recruitment for a Librarian III will launch in the next week or so. The Friends of the Library will present its
check to the City Council on August 14.
B.Monthly Reports
13.Friends of the Library Liaison Report
Trustee update of the most recently attended Friends of the Library Board
meeting.
Board Member Coulter reported the Friends sold 68 books on Amazon and earned $1,325
in June 2018, an increase over June 2017 sales of 48 books for $804. The book sale special for the previous Thursday and Friday was buy two books on the subjects of humor,
religion, or self-help and the third was free. The Friends hope to have 750 boxes of books for sale on August 3 and 4. At the Newport Beach Art Exhibition, the Friends sold $1,530 in art books. During the July 18-20 book sale, transportation books will be buy one, get a
second one for 1 cent. In June, book sales totaled $17,325. The Friends are doing a nice job.
14.Library Foundation Liaison ReportTrustee update of the most recently attended Library Foundation Board
meeting.
Board Member Johnson-Tucker reported the Library Foundation's Interim Director is
terrific, and Cathy Voreyer is the new Foundation Board Chair. The Foundation held a
reception for Dorothy Larson after the last meeting. The value of the Foundation's donation to the Library is closer to $750,000 because of the Foundation's support for
programs not included in the wish list. The Foundation Board discussed quarterly
donations for the wish list, a mandatory donation for Foundation Board Members, increasing the donation amount for inclusion on the donor wall, and implementing some
or all changes at the current time. The Foundation's donor reception is scheduled for September 13.
Karen Clark, Newport Beach Library Foundation Board Member, clarified that the Board voted to begin quarterly donations for the wish list. The Board of Library Trustees has to agree to changing the amount of the donation to be listed on the donor wall because the
donor wall is a joint project. The Foundation is rethinking ways to honor donors. She noted the departure of the Executive Director and Director of Programs and the
retirement of Janis Dinwiddie from the Board.
18.Witte Lectures Committee Liaison Report
Trustee update of the most recently attended Witte Lectures Committee's
monthly meeting.
Chair Ray reported all but one contract has been signed by guest lecturers.
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Board of Library Trustees Meeting Minutes July 16, 2018
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VIII. PUBLIC COMMENTS ON NON-AGENDA ITEMS None
IX. BOARD OF LIBRARY TRUSTEES ANNOUNCEMENTS OR MATTERS WHICH
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM)
With the agreement of Board Members, Board Member Johnson-Tucker will serve as
liaison to the Newport Beach Library Foundation, Board Member Kost to the Witte Lectures Committee, and Board Member Watkins to the Friends of the Library. Library
Services Director Hetherton and Vice Chair Watkins will report on Newport/Mesa
ProLiteracy events and board meetings. Chair Ray will learn more about Library Live and share information with the Board of Library Trustees.
Vice Chair Watkins congratulated Board Member Johnson-Tucker on a successful year as Chair of the Library Board of Trustees and welcomed Board Member Kost. Receptions
for Melissa Kelly and Dorothy Larson went well. Vice Chair Watkins will not be present for the August meeting, and Chair Ray will not be
present for the October meeting. X. ADJOURNMENT – 6:44 p.m.
10
1
COMMENT #
Date Received
Source of Comment
Staff Member
Staff Member Title
Date Responded to Customer
1 part 1
7/16/2018
Email
Tim Hetherton
Library Services Director
7/16/2018
NEWPORT BEACH PUBLIC LIBRARY CUSTOMER COMMENTS
JULY 2018
COMMENT RESPONSE
Hi, today at 11am at the main library, top floor, around the middle, a black
homeless man who commits various problems here followed me and
threatened me loudly while I was trying to move out of the way. I have
never interacted with him, nor spoken to him and certainly do not stalk nor
follow him or anyone, anywhere. This black man has followed me all over
the library and you should notice what is going on! If this happened in my
classroom (I am a retired teacher, credential still valid, *NO discipline,) I
would move heaven and earth to stop one child or teenager from harassing
another and their parents could say whatever in the parking lot; and I would
call the police. Hey, I haven't been doing anything wrong and you and the
city staff and library staff do notice me, I try to support everyone I can and I
don't remember having any other problem with any other patron. When I
first started coming here about two years ago, regularly, but moving from
library to coffee house to McDonald's to Denny's in different towns to
minimize my impact; the police came every day. To be clear. When I first
started coming here the NewB Police Dept. who does know me was called
everyday, they parked right out front and watched me through the cameras.
Maybe we should go back to that! I don't mind! But when they leave, it
leaves me vulnerable after all the attention has been placed on me and this
is what happens - I get criminally stalked and threatened. And my
protected categories are vast; senior, handicapped, male, white and
vulnerable, poor and indigent (that doesn't give me special rights but it sure
shouldn't make me a target) We should talk or write. Please don't forget
Blaze Bernstein (because of the case and that's what some of us
experience) - it's much more ugly than most people know! - I was there in
L.F. and F.H.R. area the morning it was announced ! I have been to the
site many times now.
11
2
COMMENT #
Date Received
Source of Comment
Staff Member
Staff Member Title
Date Responded to Customer
COMMENT RESPONSE
1 part 1 continued Any problems with me? Let me know and I will take care of it, but we
cannot be afraid to do what is right or else violence will occur here. I am 60
years of age; and I was a target during busing in the 70's but have
managed to overcome that and live in integrated areas like San Bernardino
(six years while working) and South Chicago in the 70's. * I hope you do
the right thing and protect the vulnerable while not trampling the homeless
in your WONDERFUL (New Port Beach) community, obviously it is very
special even for South Orange County! I have lived through too much; I
talk to the various police agencies about once a week! (against advice) and
saw and heard Sheriff Sandra Hutchins speak here who I have written and
contacted. I obviously like being here, and cause no problems, as anyone
who has observed me can testify to! Sincerely and best regards, grateful
patron.
1 part 2 Today, at 11 am 7.16.2018, I was stalked and harrassed by a bald black
man that must be familiar to you and the library and staff. He is here every
day stalking me and talking oddly and making threats. Yet you have done
nothing. YOU NEED to remove him from the library and yet your staff
ignores almost everything he does; he eats everywhere, and sleeps
anywhere and is dirty and a general nuisance WHO just threatned me in
the library. I am here a lot but move around from city to city so as not to
inconvenience the same place while being a 14 year county resident. If
your staff cannot or will not report threats, than tell me where the police are
they should take care of it, and the same will come to you. *** When I first
starting coming here, 30 years ago, a great privledge indeed; you called the
POLICE everytime I was here, during my recent visits starting about two
years ago, and they watched me from the admin. office parked right out
front. I am well known. You should continue having the police here - they
are Willing! And YOU cannot allow a black homeless patron follow and
threaten a white, senior, handicapped person or this will come to you house
also. - David A. Austin (retired teacher and famous person). Still NO
RECORD of crime and I am not a first step senior. *** I was just threatnd by
the big bald man, in a dark jacket who is here every day, you must act, or
this will get out of hand! Also, YOUR city staff following me makes me a
target and I will openly photograph this and make a civil rights complaint.
Remember; teacher, retired, no record!
12
3
COMMENT #
Date Received
Source of Comment
Staff Member
Staff Member Title
Date Responded to Customer
COMMENT RESPONSE
1 part 3
Staff cannot report a crime they did not witness. The police will
always ask to speak to the person who was victimized.
Let us never meet nor speak in person. You are still responsible because
the evidence is on your cameras and there is a lot of it and the
responsibility is yours. I don't run the library and I am not tasked, paid, nor
contracted to do so. I reported a crime to you. I don't have a phone
because I am indigent and I am not going to call-in the police to take the
wrap so that you can shirk your unpleasant duties. Make sure to report the
crime I reported to you, by the end of today to the New Port Beach Police
Dept., and give them the video evidence I do not have or I will sue the
library and city. An unpleasant but necessary duty that the vulnerable must
do (me). And if you hide or suppress it - I will inform DOJ (that's the
protected category stuff) and the county social workers. You should count
your blessings, Mr. H., not think of new ways and old methods to avoid
doing your job. Remember, by today, 7.16.2018 or I will sue as money and
ability allows, but eventually it will come. * You also seem to have some
kind of bias against me, so I will go on record at the next city hall meeting.
Sincerely, * And do stop the smoking outside on the benches this is easy to
see and photograph.
You are welcome to use our telephone to make a report, and you
are welcome to use the telephone in the Library Administration
offices for privacy purposes. Please contact the Newport Beach
Police Department at (949) 644-3717 to speak to an officer.
You might want to ask the officer if your report can remain
confidential.
Library staff cannot access video. Police may access video after
receiving a report from a citizen based on the details provided.
Thanks.
I know the homeless are difficult but you cannot allow crime in the Library
especially if you know of it or you will be civilly liable. DAA * I will call you
today to confirm Please call the NewB Police and let me report simple
assault. * it has been very good for me here but I cannot allow someone to
follow me who is knowan to be dangerous and I do not know when he will
"go off". And you are violating the law by letting him smoke out front - I
know he is unpleasant to deal with but you have Security and a great city
police dept. (ask them about me, they know my situation) but this library is
precious to me and I will do nothing to mess that up. Also, I pay my fees
and support many of the local merchants around here; whereas the black is
being given food that I pay for. Sincerely, -DAA (Social Studies Teacher
and author)
Please do not hesitate to contact the police directly to report a
crime. If you have an incident with another library patron, please
inform staff who will evaluate the situation and intervene on your
behalf if necessary.
Thank you
I cannot because it makes me the complainer like the snitch in school, and
then things get worse. If I am harrassed or violated violence will occur - I
have kept all my rights. You had no problem calling the police on me and if
I had a dollar for everytime a public servant passed the buck and shirked
their written, contractual duties - I could retire! YOU watch the Libray, YOU
and YOUR staff can do the discipline or get a guard or I will sue you and I
will read the books - count on it. (Courts records are public)
1 part 4
1 part 5
13
4
COMMENT #
Date Received
Source of Comment
Staff Member
Staff Member Title
Date Responded to Customer
COMMENT RESPONSE
2
7/9/2018
Email
Natalie Basmaciyan
Library Services Manager
7/9/2018
3
7/30/2018
Email
Tim Hetherton
Library Services Director
7/30/2018
4
7/30/2018
Email
Tim Hetherton
Library Services Director
7/30/2018
Hello, To whom it may concern. I absolutely love using Lynda.com and
wanted to write to thank you! As a business professional, it's a fantastic
way to stay on top of cutting edge trends and develop/enhance my skills
while adding new ones. Accessing the courses and videos has been
wonderful. Thank you again, and to the foundation's generous contribution,
thus making this valuable resource available.
You’re welcome! We are pleased that you find this resource so
valuable, and appreciate your kind words. I will pass your
comments on to the Foundation as well. Best regards.
Hi Newport Beach Library, How do you become a member so you can
attend the Friends of the Library book sale a day early? Thank you
Thanks for your interest in the Friends of the Library.
Print and complete the attached membership application and
return to the Friends of the Library.
Benefits of membership:
• Shop on the first day of the Quarterly Book Sale for best
selection.
• A free lunch in June with a noted author as speaker.
• Supporting the library and its fabulous programs
Thanks
Thank you for inquiring about the air conditioning. A pipe broke
which circulates the coolant. The repair staff is onsite adding new
pipe and servicing the system. We estimate to have the air on by
sometime tomorrow. The Mariners and Balboa libraries do have
air conditioning. We apologize for the inconvenience.
Sincerely
The AC seems doesn't work today. what's the problem with it?
14
5
COMMENT #
Date Received
Source of Comment
Staff Member
Staff Member Title
Date Responded to Customer
COMMENT RESPONSE
5
7/23/2018
Email
Natalie Basmaciyan
Library Services Manager
7/31/2018
7/23/2018 12;47 ~ women's bathroom upstairs - I waited while he woman
(new? it is usually the same man cleaning at noon) with her company
yellow cart was doing noon cleaning. The, when she was "finished", she
went to the men's room because she already had that room blocked off
with an A-frame "caution" (not a bad idea, actually) . When I went into the
handicap stall, there was fresh liquid pee on the floor and flowing over the
grout to the wall. It was n the small area between the toilet and the paper
dispenser. Also, there was dry poop on the inside of the toilet bowl. I
understand she is not supposed to clean the built-up crud that has been on
the floor rail areas for more than a year. However, I can not understand
why, if she has gloves and cleaning solution, she has to leave the wet pee
and #2 there after cleaning. I wet a towel and cleaned both areas with just
water. I did not want to look at it or happen to have any of my clothing fall
into the wet pee. She had finished and gone when I was done. When I
went to make a report of it at the front desk, I waited almost five minutes
while a gal helped someone at the printing machine. Then, when I reported
it, she said, "Oh," and kind of hummed about that for a minute. Then she
said maybe she didn't even see it or go in there. So, I told her that I had
cleaned it with water so others did not have to see it or get soiled by it, but I
think a report should be made about. She then hummed again, "Well, gee,
maybe she didn't see it." I would have liked her to say thank you, I will
make a report. Or, sorry for your inconvenience, I will make a note. Not "Oh
well, there is another bathroom downstairs." I would have liked her to be
more professional. Please tell the cleaning company and see if they can
clean better. Maybe they don't know how. Thanks.
Good morning,thank you for contacting the Newport Beach Public
Library regarding the condition of the restroom you experienced.
The City has retained a new janitorial service and we will ensure
they know how to maintain the restrooms. Please let me know if
you have any other concerns regarding the janitorial service.
Sincerely.
15
NEWPORT BEACH PUBLIC LIBRARY
To: Board of Library Trustees
From: Tim Hetherton, Library Services Director
Re: Report of Library Activities – August 20, 2018 Meeting
_________________________________________________________________________________
TIM HETHERTON, LIBRARY SERVICES DIRECTOR
“Bad libraries build collections, good libraries build services, great libraries build communities.”
–R. David Lankes
Busy! July has been an extremely busy month. Because of the 2-week closure of the Mariners Branch for carpeting, many patrons used the Central Library instead. Many other patrons took advantage of the
City’s libraries as designated cooling stations as summer heat and humidity rose. Our summer reading programs for children, teens, and adults are also drawing crowds. In terms of programs, in July, we have
hosted Wake Up Newport, “The Bridges” photography exhibition by Diane Blaisure, “How to Avoid Media
Overwhelm and the New Digital Advertising Blitz” by Phil Dunn, book discussion groups, Polynesian dancers, children’s programs on Africa, South America, and Asia, “Behind the Brushstrokes” by local
painter James Strombotne, “Let’s Talk Tech” in the Media Lab, and Flights of Fancy story theatre. Truly,
it seems that we have an event or activity for all ages and sensibilities. In an effort to make sure as many patrons take advantage of our offerings as possible, our Literacy Department has put forth the
time, money, and energy to improve its programming to assist nascent learners and tutors. Our Media Lab and Sound Lab allow patrons to engage in active learning, experience new media and information formats, and collaborate in technology-rich spaces. The Media Lab also plays an important role in
educating our patrons about software and hardware, helping them build skills to find jobs or simply become tech-literate in our increasingly technology-driven world. The Library remains an important hub
in the City, a gathering spot for learning and recreation. This role nurtures a heightened sense of
community.
Board of Library Trustees’ Wheelhouse list:
Tuesday, September 11: Foundation check presentation, 4:00 p.m., City Council Chambers
Wednesday, September 12: Library Foundation Donor’s reception, Bamboo Courtyard, Central
Library, time TBD.
Thursday, September 13: International Literacy Day, 10 a.m. in the Friends Room.
Saturday, October 6: Newport Mesa ProLiteracy presents Happy Hour with best-selling author
Aimee Bender, Bamboo Courtyard, Central Library, 6 to 8 p.m.
NATALIE BASMACIYAN, LIBRARY SERVICES MANAGER
Staffing
Interviews were conducted to fill three Library Assistant/Part Time vacancies at the Central Library.
Daisy Hernandez earned a promotion from Library Clerk/Part Time and two external candidates were selected.
16
Carpeting Project
Thank you to our Public Works and IT partners, and library staff for completing the carpeting project on time and with few complications. At the Central Library, staff retrieved materials for customers as
sections were closed for the project. At the Mariners branch library, staff assisted customers in the lobby
with checking materials in, retrieving holds, and providing SRP prizes. The Mariners staff handled close to 70,000 items to facilitate the project.
DEBBIE WALKER, BRANCH AND YOUTH SERVICES COORDINATOR
Branches
Summer Reading continued to be popular at all locations. A highlight was the Polynesian Paradise Dance group who performed to enthusiastic crowds at Mariners and Balboa. The Asian and African
inspired craft programs also drew in healthy numbers. In personnel news, part-time clerk Daisy Hernandez, who was a welcome and regular presence at
Balboa, interviewed for and was selected to fill one of the vacant part-time Library Assistant positions. She began training at Central in late July. Everyone is very pleased that Daisy is taking on this new role and happy to have her as part of the Adult Reference team.
Mariners was closed from July 14th through July 27th to facilitate the installation of new carpet throughout the entire building. Branch Librarian Rebecca Lightfoot worked with her entire staff to create an excellent
schedule and work-plan that coordinated with both the carpeting and furniture moving teams. Kathryne Cho and Brandon Spencer from Public Works were often on-site and made sure that the project went
forward as planned. A table manned by staff in the lobby allowed customers to pick up holds, turn in
materials, pick up SRP prizes, etc. Because the Jorgenson Room had been recarpeted very recently in a Recreation sponsored project, SRP programming was able to go on as usual. A big shout-out to the
entire Mariners staff and Public Works for a project very well done.
Youth Services
As at the branches, Polynesian dancing and the African and Asian craft programs drew large crowds. Teen volunteers continued to be a huge help in manning the table in Children’s and/or helping with craft and performer events.
Teen Services This is a quiet time for Teen Services. A volunteer training class was held in early July and additional
teens are working with Nadia as part of the STARS program.
MELISSA HARTSON, CIRCULATION AND TECHNICAL PROCESSING COORDINATOR
Staffing Library Page interviews took place this month. We are moving forward with two candidates, conducting
reference, background and fitness checks.
Training
Our Quarterly Clerk Training Meetings were held at the end of the month. Library Clerk II, Emily Chiu,
showed staff ways to interpret item record data to more efficiently serve customers. We also reviewed other ILS functions and workflows.
17
Proquest Articles Retrieved 2018-2019
July AVG.
Business Databases 1433 1433
Newspapers--Current 1005 1005
Newspapers--Historical 1579 1579
Magazines 212 212
JUL
2018
Tracked by #searches
Ancestry 520 520
A to Z Databases 1005 1005
AskART 228 228
BioResCtr*35 35
FoF Ancient Hist 260 260
GDL 31 31
GVRL 43 43
HeritageQuest 2183 2183
Kids InfoBits 28 28
Lynda.com 6214 6214
LitResCtr 13 13
Opposing Vpts*6 6
Nat Geo 9 9
Nat Geo Kids 6 6
NoveList Plus 197 197
NoveList K-8 Plus 15 15
ProQuest 4069 4069
Ref USA Bus.1868 1868
Ref USA Res.*87 87
World Book Online 6 6
Tracked by #sessions
Cypress Resume 10 10
Kanopy 565 565
ScienceFLIX 4 4
Testing & EdRefCtr 46 46
Universal Class 83 83
Tracked by #page views
Consumer Reports 1263 1263
CultureGrams 154 154
Morningstar 20950 20950
NetAdvantage 4391 4391
RealQuest 112 112
Tumblebooks 186 186
Value Line 14836 14836
Tracked by Hours Used
Rosetta Stone 40.1 40.1
Database FY
Comparisons
YTD
18/19
Notes: ScienceFLIX moved from the "Searches" group the the "Sessions" group because search numbers are no longer provided.
Tumblebooks has been moved from "Searches" to "Page Views". Each view is a book view.
18
Jul-18 YTD 18/19 YTD 17/18
BALBOA 7,303 7,303 7,427
CdM 11 11 4,275
MARINERS 20,523 20,523 30,994
CENTRAL 83,303 83,303 82,392
Ebooks/Emagazines 12,089 12,089 10,551
TOTAL 123,229 123,229 135,639
AUG 17 129,109
SEP 17 117,807
OCT 17 120,348
NOV 17 113,587
DEC 17 106,451
JAN 18 119,751
FEB 18 107,236
MAR 18 124,029
APR 18 115,165
MAY 18 117,063
JUN 18 117,808
JUL 18 123,229
TOTAL 1,288,354
12 Month Comparison
NEWPORT BEACH PUBLIC LIBRARY - JULY 2018
CIRCULATION
BALBOA
CdM
MARINERS
CENTRAL
Ebooks/Emagazines
100,000
105,000
110,000
115,000
120,000
125,000
130,000
135,000
140,000
145,000
150,000
155,000
160,000
AUG 17 SEP 17 OCT 17 NOV 17 DEC 17 JAN 18 FEB 18 MAR 18 APR 18 MAY 18 JUN 18 JUL 18
1,575,518
1,818,709
1,588,822 1,582,953
1,582,914
1,598,265
1,610,818
1,529,391
1,464,640
1,424,594
1,250,000
1,375,000
1,500,000
1,625,000
1,750,000
1,875,000
2,000,000
FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18
CIRCULATION
19
Jul-18 YTD 18/19 YTD 17/18
BALBOA 515 515 523
CdM 0 0 545
MARINERS 1,950 1,950 3,236
CENTRAL 10,743 10,743 9,745
TOTAL 13,208 13,208 14,049
12 Month Comparison
AUG 17 14,220
SEP 17 13,642
OCT 17 13,571
NOV 17 12,281
DEC 17 11,095
JAN 18 13,313
FEB 18 12,649
MAR 18 11,743
APR 18 12,753
MAY 18 12,701
JUN 18 14,504
JUL 18 13,208
TOTAL 155,680
NEWPORT BEACH PUBLIC LIBRARY - JULY 2018
REFERENCE
BALBOA
CdM
MARINERS
CENTRAL
0
3,000
6,000
9,000
12,000
15,000
18,000
21,000
24,000
AUG 17 SEP 17 OCT 17 NOV 17 DEC 17 JAN 18 FEB 18 MAR 18 APR 18 MAY 18 JUN 18 JUL 18
181,315
211,742
199,880 191,567
184,260
190,391
168,496
162,510 157,149
156,521
120,000
140,000
160,000
180,000
200,000
220,000
240,000
FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18
REFERENCE
20
Jul-18 YTD 18/19 YTD 17/18
BALBOA 4,770 4,770 4,691
CdM 0 0 3,277
MARINERS 6,795 6,795 21,862
CENTRAL 68,597 68,597 69,439
TOTAL 80,162 80,162 99,269
12 Month Comparison
AUG 17 98,764
SEP 17 96,636
OCT 17 88,092
NOV 17 88,082
DEC 17 86,211
JAN 18 93,209
FEB 18 88,450
MAR 18 100,010
APR 18 115,595
MAY 18 99,442
JUN 18 104,584
JUL 18 80,162
TOTAL 1,139,237
NEWPORT BEACH PUBLIC LIBRARY - JULY 2018
CUSTOMERS SERVED IN LIBRARY
BALBOA
CdM
MARINERS
CENTRAL
50,000
60,000
70,000
80,000
90,000
100,000
110,000
120,000
130,000
140,000
150,000
160,000
170,000
AUG 17 SEP 17 OCT 17 NOV 17 DEC 17 JAN 18 FEB 18 MAR 18 APR 18 MAY 18 JUN 18 JUL 18
1,200,664
1,258,585
1,258,902
1,131,330 1,074,933
1,399,841 1,256,238
1,209,719
1,102,106
1,158,344
600,000
775,000
950,000
1,125,000
1,300,000
1,475,000
1,650,000
FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18
CUSTOMERS SERVED IN LIBRARY
21
Jul-18 YTD 18/19 YTD 17/18
BALBOA 242 242 241
CdM 0 0 718
MARINERS 831 831 1,343
CENTRAL 5,767 5,767 5,682
TOTAL 6,840 6,840 7,984
12 Month Comparison
AUG 17 4,783
SEP 17 6,216
OCT 17 5,556
NOV 17 4,793
DEC 17 3,722
JAN 18 4,152
FEB 18 5,177
MAR 18 5,107
APR 18 6,375
MAY 18 5,771
JUN 18 9,944
JUL 18 6,840
TOTAL 68,436
PROGRAM ATTENDANCE
NEWPORT BEACH PUBLIC LIBRARY - JULY 2018
BALBOA
CdM
MARINERS
CENTRAL
0
2,000
4,000
6,000
8,000
10,000
12,000
AUG 17 SEP 17 OCT 17 NOV 17 DEC 17 JAN 18 FEB 18 MAR 18 APR 18 MAY 18 JUN 18 JUL 18
43,419
28,680
53,534
51,570
51,894
49,977
64,473
67,646
69,922
69,535
0
15,000
30,000
45,000
60,000
75,000
90,000
FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18
PROGRAM ATTENDANCE
22
LIBRARY EXPENDITURES 2017-2018
(August 1, 2018)
ACCOUNT DESCRIPTION
ORIGINAL
APPROP
REVISED
BUDGET
YTD
EXPENDED
MONTHLY
EXPENDED
AVAILABLE
BUDGET
I SALARY & BENEFITS
SALARY FULL-TIME REGULAR 2,718,341 2,718,341 2,657,798 58,899 60,543
SALARY PART-TIME 994,727 1,056,389 814,422 16,531 241,967
BENEFITS 2,297,473 2,297,473 2,374,844 13,491 -77,371
SALARY & BENEFITS TOTAL 6,010,541 6,072,203 5,847,064 88,921 225,139
II MAINT & OPERATION
PROFESSIONAL SERVICE*137,577 137,577 114,505 25,381 23,073
UTILITIES 274,350 274,350 313,637 29,233 -39,287
PROGRAMMING 5,500 14,300 16,769 5,443 -2,469
SUPPLIES**82,170 83,548 79,823 945 3,725
LIBRARY MATERIALS 619,740 621,881 621,580 1,211 301
FACILITIES MAINTENANCE 174,747 175,271 164,575 2,754 10,696
TRAINING AND TRAVEL 15,075 17,352 12,066 432 5,286
GENERAL OPERATING EXPENSES***24,200 25,101 21,208 3,152 3,893
PERIPHERALS 7,500 7,500 2,411 1,855 5,089
INTERNAL SERVICE FUNDS 993,745 993,745 993,745 0 0
OFFICE EQUIPMENT 2,000 2,000 0 0 2,000
MAINT & OPERATION TOTAL 2,336,604 2,352,625 2,340,317 70,407 12,308
LIBRARY BUDGET TOTAL 8,347,145 8,424,828 8,187,381 159,328 237,447
*PROFESSIONAL SERVICES - INCLUDE OUTSIDE PRINTING, JANITORIAL, WINDOW SERVICE
**INCLUDES OFFICE , PROCESSING AND JANITORIAL SUPPLIES
***INCLUDES, ADVERTISING, DUES, EVENT INSURANCE
23
LIBRARY EXPENDITURES 2018-2019
(August 1, 2018)
ACCOUNT DESCRIPTION
ORIGINAL
APPROP
REVISED
BUDGET
YTD
EXPENDED
MONTHLY
EXPENDED
AVAILABLE
BUDGET
I SALARY & BENEFITS
SALARY FULL-TIME REGULAR 2,768,340 2,768,340 143,901 143,901 2,624,439
SALARY PART-TIME 967,642 967,642 41,284 41,284 926,358
BENEFITS 2,278,603 2,278,603 63,783 63,783 2,214,820
SALARY & BENEFITS TOTAL 6,014,585 6,014,585 248,968 248,968 5,765,617
II MAINT & OPERATION
PROFESSIONAL SERVICE*137,577 137,577 277 277 137,300
UTILITIES 274,885 274,885 1,399 1,399 273,486
PROGRAMMING 5,500 5,500 0 0 5,500
SUPPLIES**83,170 83,170 7,635 7,635 75,535
LIBRARY MATERIALS 619,740 619,740 164,527 164,527 455,213
FACILITIES MAINTENANCE 174,951 174,951 7,697 7,697 167,254
TRAINING AND TRAVEL 15,075 15,075 0 0 15,075
GENERAL OPERATING EXPENSES***24,200 24,200 405 405 23,795
PERIPHERALS 5,000 5,000 0 0 5,000
INTERNAL SERVICE FUNDS 1,419,637 1,419,637 0 0 1,419,637
OFFICE EQUIPMENT 2,000 2,000 0 0 2,000
MAINT & OPERATION TOTAL 2,761,735 2,761,735 181,940 181,940 2,579,795
LIBRARY BUDGET TOTAL 8,776,320 8,776,320 430,908 430,908 8,345,412
*PROFESSIONAL SERVICES - INCLUDE OUTSIDE PRINTING, JANITORIAL, WINDOW SERVICE
**INCLUDES OFFICE , PROCESSING AND JANITORIAL SUPPLIES
***INCLUDES, ADVERTISING, DUES, EVENT INSURANCE
24
Previous
Agenda Date AGENDA ITEM Scheduled
Agenda Date
Ongoing Corona del Mar Branch Project Update Ongoing
Ongoing Lecture Hall Update Ongoing
Aug 21, 2017 Information Technology Update Aug 20, 2018
Sep 18, 2017 Literacy Program Update Sep 17, 2018
Oct 16, 2017 Branch Update - Mariners Oct 15, 2018
Oct 16, 2017 Youth Services Update Oct 15, 2018
Jan 16, 2018 Review Holidays / Meeting Schedule Jan 22, 2019
Jan 16, 2018 Newport Beach Public Library eBranch & Database Review Jan 22, 2019
Feb 27, 2018 Annual Budget - Preliminary Review Feb 19, 2019
Feb 27, 2018 Arts & Cultural Update Feb 19, 2019
Mar 19, 2018 Branch Update - Balboa Mar 18, 2019
Mar 19, 2018 Annual Budget - Approval Mar 18, 2019
Mar 19, 2018 WiFi Usage Compared to Other Libraries Mar 18, 2019
Mar 19, 2018 Assign a Lecture Hall Capital Campaign Committee Mar 18, 2019
Mar 19, 2018 Review of San Diego Library's Proposed Library Fines Policy Mar 18, 2019
Apr 16, 2018 Library Material Selection & Downloadable Services Apr 15, 2019
Apr 16, 2018 Further Review of Library Fines Apr 15, 2019
May 21, 2018 Media Lab Update May , 2019
Jun 18, 2018 Marketing Update & Social Networking Update Jun 17, 2019
CLOSED 2018 Branch Update - Corona del Mar Jun 17, 2019
Jun 18, 2018 Financial Report Comparison of Beginning Budget to End of the Year Amended Budget (Every June)Jun 17, 2019
Jun 18, 2018 Adult and Reference Services Update Jun 17, 2019
Jul 16, 2018 Statistical Comparison Report of Peer Libraries/Meeting Spaces Jul 15, 2019
Jul 16, 2018 Election of Board of Library Trustees Officers/Trustee Liaisons Jul 15, 2019
Jul 16, 2018 Proposed Library Closures for Winter Holidays 2018 Jul 15, 2019
LAST REVIEWED POLICY REVIEW
Library Service Policy (City Council Policy I-1)Aug 19, 2019
May 12, 2015 Library Use Policy (formerly City Council Policy I-2)Feb 18, 2019
Mar 04, 2013 Collection Development Policy (formerly City Council Policy I-3)Jul 16, 2018
Feb 03, 2014 Library Gift and Donor Policy (formerly City Council Policy I-4)Nov 19, 2018
Feb 06, 2012 Newport Beach Public Library Gift Policy (formerly City Council Policy I-5)Nov 19, 2018
Jan 17, 2017 Children in the Library Policy (formerly City Council Policy I-6)Mar 18, 2019
Oct 10, 2006 Library Meeting Rooms Policy (Council Policy I-7)Jul 16, 2018
Jun 16, 2014 Newport Beach Public Library Internet Use Policy (formerly City Council Policy I-8)Apr 20, 2019
Jun 16, 2014 Media Lab Use Policy Dec 17, 2018
Jun 16, 2014 Sound Lab Use Policy Dec 17, 2018
Feb 17, 2015 Display and Distribution of Materials Policy Jan 21, 2019
Dec 15, 2014 Expressive Use Areas Aug 20, 2018
Oct 07, 2013 Laptop Borrowing Policy Oct 15, 2018
Feb 21, 2017 Rules for Acceptable Use of Wireless Internet Connections Apr 20, 2019
Feb 27, 2018 Circulation Policy Feb 17, 2020
Apr 01, 2013 Study Room Policy Sep 17, 2018
BOARD OF LIBRARY TRUSTEES MONITORING LIST
25
____________________________________________________________________________________
DISCUSSION:
As reported by Project Manager Peter Tauscher of Public Works the project is currently running
at least one week ahead of schedule. In the past few weeks shear walls have been framed to enclose the building. The beams are in and interior steel is being connected to the foundation.
By the end of the month interior walls on both the first and second floor will be framed.
In terms of sound abatement, Mr. Tauscher said that Public Works continues to look at various options but the use of cork still appears to be the frontrunner.
Finally, on both Friday, August 3 and Friday, August 10, members of Library Staff, Board of Library Trustees, City Council, Fire and other City Departments had the opportunity to sign a
beam that will be used on the roof of the new structure.
The official “Topping Out” ceremony was held at the site on August 10, which involved the placement of the last structural beam for the new building. In the Public Works Department
report in the most recent City Manager’s Newsletter, Mr. Tauscher wrote up a nice explanation of “Topping Out”. The “Topping Out” term refers to the installation of the last beam of a
TO: BOARD OF LIBRARY TRUSTEES
FROM: Library Services Department
Tim Hetherton, Library Services Director 949-717-3810, thetherton@newportbeachca.gov
PREPARED BY: Debra Walker, Branch and Youth Services Coordinator
TITLE: Corona del Mar Branch Project Update – August 2018
26
structure, or the completion of a building’s roof, bridge or other large structure, signifying the structure has reached its maximum height but not yet the completion of the project. The final
structural piece is often painted white, and then signed by members of the construction team
and community leaders. Sometimes an evergreen tree is attached to the beam. Topping Out symbolizes positive things such as good luck for future occupants, continued growth, a safe job-
and celebrates an important milestone in a building’s construction.”
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Board of Library Trustees considers the item).
27
__________________________________________________________________________
RECOMMENDATION:
Staff requests that the Board of Library Trustees approve the following:
a)Add the Memorandum of Understanding Relating to the Shared Governance of the
Newport Beach Library Director, the Cooperating Agreement between the Newport Beach
Public Library Board of Library Trustees and the Newport Beach Public Library Foundation,
Articles of Incorporation of Friends of the Newport Beach Public Library, and By-Laws,
Rules, and Regulations – Friends of the Newport Beach Public Library to policy binder;
b)Revise the Board Policy binder table of contents to reflect a separate listing of Council
Policies and Library policies;
c)Adopt a labeling scheme for former Council Policies and Library policies;
d)Combine the Gift and Donor Policy and Newport Beach Public Library Gift Policy into a single
policy;
e)Add, at the end of each posted Library policy, the following language: “This Policy will be
periodically reviewed by the Board of Library Trustees on the first to occur of (i) as
circumstances may require or (ii) every two years from the date of adoption, last
amendment, or last review. Last reviewed by the Board of Library Trustees on _____,
20__.”;
f)Update each binder with tabs and replacement pages for the Table of Contents, City Council
Policies, and Library policies.
DISCUSSION:
Appointed by the Newport Beach City Council, the Board of Library Trustees is a policy-making board
responsible for the administration of City libraries. As mandated by Article VII, Section 708 of the
Newport Beach City charter, reviewing and setting policy for the Newport Beach Public Library system is
one of the most important duties of the Board.
Since 2014, the Board has examined and revised policies dealing with children in the Library, circulation
of materials, the display of materials in the Library, and Wi-Fi access in the Library. Policy review
TO: Board of Library Trustees
FROM: Library Services Department
Tim Hetherton, Library Services Manager
949-717-3810, thetherton@newportbeachca.gov
PREPARED BY: Tim Hetherton
TITLE: Board of Library Trustees Policy Review
28
enables the Board to take an in depth look at existing policies to:
Determine whether the purpose and goal of the policy is still being met;
Determine if changes are required to improve the effectiveness or clarity of the policy; and,
Ensure that appropriate monitoring and ongoing review of the policy is occurring.
Policy review also serves to educate newer members of the Board and members of the public on Library
policy.
In order to address a number of policy issues, Vice Chair Watkins and Trustee Johnson-Tucker met with
staff on Tuesday, July 24, and made a number of recommendations, subject to approval by the Board of
Library Trustees.
The Memorandum of Understanding Relating to the Shared Governance of the Newport Beach Library
Director memorializes important information regarding the appointment, suspension, or removal of the
City Librarian. Inclusion of the memorandum makes this procedure readily available to both Trustees
and the public. The Cooperating Agreement between the Newport Beach Public Library Board of Library
Trustees and the Newport Beach Public Library Foundation details the Board’s relationship with Library
Foundation. Articles of Incorporation of Friends of the Newport Beach Public Library, and By-Laws, Rules,
and Regulations – Friends of the Newport Beach Public Library are also essential documents. Staff
recommends that these documents be included in the Trustee binders, to facilitate quick reference.
Staff recommends a separate listing of Council policies and Library policies in each Trustee’s binder and
the Library website, and adopting a labelling scheme with the prefix “NBPL” that clearly identifies library
policies. Policies will be listed and labelled as follows:
CITY COUNCIL POLICIES
Policy # TITLE
City Council Policy I-1 Library Service Policy
City Council Policy I-7 Library Meeting Rooms Policy
LIBRARY POLICIES
Policy # TITLE
NBPL 1 Library Use Policy
NBPL 2 Collection Development Policy
NBPL 3 Library Gift and Donor Policy
NBPL 4 Children in the Library Policy
NBPL 5 Newport Beach Public Library Internet Use Policy
NBPL 6 Media Lab Use Policy
NBPL 7 Sound Lab Use Policy
NBPL 8 Display and Distribution of Materials Policy
NBPL 9 Expressive Use Areas
NBPL 10 Laptop Borrowing Policy
NBPL 11 Rules for Acceptable Use of Wireless Internet Connections
NBPL 12 Circulation Policy
NBPL 13 Study Room Policy
29
For the purposes of consolidation, the staff recommends combining two policies, Library Gift and Donor
Policy (formerly Council Policy I-4), and Newport Beach Public Library Gift Policy (formerly Council Policy
I-5) into a single policy. This entails adding the entire contents of the Newport Beach Public Library Gift
Policy (formerly Council Policy I-5) to the final section (“Library Gifts”) of the Library Gift and Donor
Policy (formerly Council Policy I-4):
“All donations of gifts and property to the Newport Beach Public Library not covered by the
Collection Development Policy must be approved by the Board of Library Trustees. The Board
reserves the right to decide the time and place for display and use of any gift. The ultimate
disposition of the gift lies within the sole province of the Board of Library Trustees.”
This language addresses gifts to the Library not covered by the Collection Development Policy. The first
part of the existing section, “Library Gifts”, addresses gifts that are governed by the Collection
Development Policy, used to fund specific collections or areas of the Library.
Pending Board approval, this policy will be called NBPL-3, Library Gift and Donor Policy.
Staff, with the goal of regularly and consistently submitting Library policies for review to the Trustees on
an ongoing basis, recommends the addition, at the end of each posted Library policy, the following
language: “This Policy will be periodically reviewed by the Board of Library Trustees on the first to occur
of (i) as circumstances may require or (ii) every two years from the date of adoption, last amendment, or
last review. Last reviewed by the Board of Library Trustees on _____, 20__.”
The Committee requests that staff update each Trustee binder with tabs and replacement pages for the
Table of Contents, City Council Policies, and Library policies.
ATTACHMENT A: Memorandum of Understanding Relating to the Shared Governance of the Newport
Beach Library Director
ATTACHMENT B: Cooperating Agreement between the Newport Beach Public Library Board of Library
Trustees and the Newport Beach Public Library Foundation
ATTACHMENT C: Articles of Incorporation of Friends of the Newport Beach Public Library
ATTACHMENT D: By-Laws, Rules, and Regulations – Friends of the Newport Beach Public Library
ATTACHMENT E: Gift and Donor Policy
ATTACHMENT F: Newport Beach Public Library Gift Policy
ATTACHMENT G: NBPL-3, Library Gift and Donor Policy [redlined]
ATTACHMENT H: NBPL-3, Library Gift and Donor Policy [final]
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the Board of Library Trustees considers the item).
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COMMUNITY SERVICES DEPARTMENT
Arts ft Cultural - Library - Recreation - Seniors
Study Session Item No. _3_ January 25, 2000
To: Mayor and Members of City Council
From: LaDonna Kienitz, Community Services Director/City Librarian
Re: Authority of the Board of Library Trustees and City Arts Commission;
Information on Related Foundations
At the City Council meeting of January 11, 2000, Council Member Glover requested
that staff review the responsibilities of the Board of Library Trustees and the precepts
of the Newport Beach Library Foundation, and of the City Arts Commission and the
Newport Beach Arts Foundation.
Staff has compiled basic information on each of these organizations. Community
Services Department staff and representatives of the respective organizations will be
available at the Study Session to respond to any questions which the Council may
have.
I.APPOINTMENT OF LIBRARY TRUSTEES AND ARTS COMMISSIONERS
Appointment of Boards and Commissions are governed by Article VII of the City
Charter. Specifically, Section 702 gives the City Council authority to appoint
members to boards or commissions from qualified electors of the City for terms of
four years.
Section 704 provides the rules under which the boards and commissions operate,
e.g. election by the members of a presiding officer, a requirement for meetings on
a monthly frequency, and requirement for meetings to be open to the public.
Both the Board of Library Trustees and the City Arts Commission conduct their
meetings in accordance with these regulations. Both have also adopted Bylaws for
conduct of their meetings, as permitted by Section 704.
II.BOARD OF LIBRARY TRUSTEES
The responsibilities of the Board of Library Trustees are established in Section 708
of the City Charter. The specific powers, in addition to having charge of theadministration of the City Libraries, are enumerated in Section 708.
Section 708 - Board of Library Trustees
Powers and Duties
There shall be a Board of Library Trustees consisting of five members
which shall have the power and duty to: (a)Have charge of the administration of City libraries and make andenforce such by-laws, rules and regulations as may be necessary
therefor.
(b)Designate its own secretary.
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Authority of the Board of Library Trustees and City Arts Commission
Information on Related Foundations
Page 2
(c) Consider the annual budget for library purposes during the process of
its preparation and make recommendations with respect thereto to the
City Council and City Manager.
(d) Purchase and acquire books, journals, maps, publications and
other supplies peculiar to the needs of the library, subject,
however, to the limitations of the budget for such purposes.
The expenditure and disbursement of funds for such purposes
shall be made and approved as elsewhere in this Charter
provided.
(e) Approve or disapprove the appointment, suspension or removal
of the Librarian, who shall be the department head.
(f) Accept money, personal property or real estate donated to the
City for library purposes, subject to the approval of the City
Council.
(g) Contract with schools, county or other governmental agencies to
render or receive library services or facilities, subject to the
approval of the City Council.
The current chair of the Board of Library Trustees is Jim -Wood.
Library Board - Foundation Cooperating Agreement
During the past months, representatives of the Board of Library Trustees and of
the Foundation have spent more than thirty hours working together to draft a
Cooperating Agreement, establishing guidelines for mutual cooperation. Some
meetings have been private with the City Manager as mediator; others, public
sessions of the Board of Library Trustees. The issue has been on the agenda of the
Board of Library Trustees for several months. The attached Cooperating
Agreement was approved by the Board of Library Trustees at the meeting of
January 18, 2000 (Exhibit 1). To date it has not been approved by the Foundation.
The Cooperating Agreement is similar to the document which the Board of Library
Trustees and the Friends of the Newport Beach Public Library [another non-profit
501(c)3 organization which provides support for the library], approved in
November 1993, to guide the relationship of the two entities with respect to the
Friends of the Library Bookstore in the Central Library. That agreement has been
helpful in maintaining a strong positive relationship between the Board of Library
Trustees and the Friends.
Ill. NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
The Newport Beach Public Library Foundation was incorporated in 1989 to solicit
funds for construction of the new Central Library. That entity was officially
dissolved in 1994. A second Foundation under new leadership, officially named
the Newport Beach Library Foundation but commonly referred to as the Newport •
Beach Public Library Foundation, was incorporated in 1993, to raise ongoing funds
for the library.
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Authority of the Board of Library Trustees and City Arts Commission Information on Related Foundations
Page 3
The purpose of the Foundation, as indicated in the new Articles of Incorporation, is to solicit funds and properties and disburse monies for the benefit of the Newport Beach Public Library. The Foundation promotional materials state that it
"shall raise tax-deductible funds beyond those available through City funding, to
enable the Newport Beach Public Library to acquire collections, equipment and
enrichments beneficial to the community." In recent months the Board of Library
Trustees has publicly questioned the low percentage of collected funds disbursed
to the library. No gift has been made in FY 1999/2000.
The City Council has no appointive or directive authority over the non-profit
Library Foundation. The new Articles of Incorporation, January 13, 2000, and the Bylaws, revised November 1, 1999, are attached (Exhibits 2 and 3). On January 13, 2000, the Foundation adopted a Statement of Policy on the relationship of the
Foundation to the library (Exhibit 4).
The president of the Newport Beach Public Library Foundation is David
Carmichael.
For the past three years and one-half years, the library has provided office space
in the Central Library and numerous support services for the Foundation. The Foundation serves as the fiscal agent for the annual Distinguished Speaker Lecture
Series (DSLS); funds for the program are raised in the name of the Foundation by
the committee, comprised of community members, Library Trustees, and
Foundation Board members. The DSLS program events are coordinated and
implemented by 25 City staff members.
IV. CITY ARTS COMMISSION
The role of the City Arts Commission is defined in Section 712 of the City Charter.
The responsibilities include acting in an advocacy capacity to the City Council in
all matters pertaining to artistic, aesthetic and cultural aspects of the City.
Section 712 - City Arts Commission
There shall be a City Arts Commission with the number of members to be
established by ordinance or resolution and it shall have the power and duty
to: (a) Act in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic, and cultural aspects of the
City.
(b) Recommend to the City Council the adoption of such ordinances, rules and regulations as _it may deem necessary for the administration and preservation fine arts, performing arts,
historical, aesthetic and cultural aspects of the community. (c) On behalf of the City, actively encourage programs for the cultural enrichment of the community.
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Authority of the Board of Library Trustees and City Arts Commission Information on Related Foundations
Page 4
(d) Perform such other duties relating to the Arts as the City Council may require. (As added by amendment effective June 6, 1974, and November 3, 1992.)
The Arts Commission has seven members, as established by City Council Resolution in 1999. The current chair is Kathleen Harrison.
V. NEWPORT BEACH ARTS FOUNDATION
The Newport Beach Arts Foundation was officially incorporated August 7, 1998, and held the first organizational meeting October 5, 1998, at which Directors were appointed, officers elected, and Bylaws adopted. The Foundation has held eight meetings of the Board of Directors since its incorporation for the purpose of establishing goals and future planning. The Foundation has received $1,725 in donations; no fundraising or Foundation sponsored events have been conducted. City staff has provided clerical support for the Foundation.
The president of the Newport Beach Arts Foundation is Howard Herzog.
The purpose of the Arts Foundation, as indicated in the Articles of Incorporation, is to further the objectives of the arts programs of the City of Newport Beach. The Articles of Incorporation provide that the City Council has authority to approve (1) • the disposition of any funds held by the Foundation upon dissolution; and (2) any amendments to the Articles. Amendments to the Foundation Bylaws are also subject to the approval of the City Council. The Bylaws also provide that all meetings of the Board of Directors shall be open to the public in conformity with the California Open Meeting Act. The City Council has no appointive authority to the Board of Directors of the Foundation. The Arts Commission, however, has appointive authority for three Directors of the Foundation. The Chair of the Arts Commission and two Arts Commissioners also serve as non-voting members of the Foundation Board.
The Articles of Incorporation and Bylaws are attached (Exhibits 5 and 6).
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EXHIBIT 1 COOPERATING AGREEMENT
BETWEEN THE
NEWPORT BEACH PUBLIC LIBRARY BOARD OF LIBRARY TRUSTEES AND THE
NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
This Cooperating Agreement is entered into between the Board of Library Trustees of
the Newport Beach Public Library ("Board of Library Trustees") and the Newport Beach
Pub.lie Library Foundation ("Foundation"), effective February 1, 2000, and is the
culmination of a series of meetings, and other communications, between representatives of both organizations which have identified the following matters which provide the background for this Cooperating Agreement:
A. Each has the fervent desire to make the Newport Beach Public Library system
("Library") the best possible library for the community.
B. Each wants to carry out their affairs in such a way as to facilitate the Library
reaching its greatest potential.
C. Each recognizes the distinctly different roles of the other organization with the
Trustees setting policy and governing the Library on the one hand and the
Foundation raising funds for the Library from the community to provide the extra
margin of services not otherwise funded or available through taxes, on the other
hand.
D. Each recognizes that the other has domain over its role and that this separation of
roles and duties is in accord with current City policy and mutually beneficial.
E. Each recognizes the good will and competency that the other has achieved in
carrying out its respective role.
F. Each recognizes that while there is a separation of entities, mutual cooperation is
essential to the success of both.
G. Both intend that the changes regarding handling of funds, disbursements to the
Library, and financial statement formats outlined and specified in this agreement
will lead to a better understanding of the operations of the Foundation by the
Board of Library Trustees.
H. Both organizations will seek ways to enhance communications between the two
organizations.
I. In entering into this agreement each organization acknowledges the commitment
of the other to excellence of the Library and the positive effects that the efforts
of each body has had towards achieving this goal. •
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COOPERATING AGREEMENT
Page 2
Therefore, the organizations agree as follows:
A. MANAGEMENT OF FUNDS AND FINANCIAL REPORTING
1. Funds (cash and investments) of the Endowment Fund will be kept separate from all other Foundation funds. Funds and/or earnings of the Endowment Fund shall not be used to pay the operating expenses of the Foundation with the exception of those expenses referred to in Item D. 3.
2. Separate accounting shall be maintained in the books and records of the
Foundation to account for the financial activity of the Endowment Fund.
3. Foundation shall annually provide the Board of Library Trustees with a copy of the investment policy prepared by investment managers retained by the Foundation.
4. Prior to· the beginning of each fiscal year, an annual revenue and expense budget of the Foundation shall be provided to the Board of Library Trustees. This budget shall separately indicate complete financial data of each of the Foundation's accounting funds (operating, endowment, etc.).
5. By March 1•t of each year, the Foundation will notify the Board of Library Trustees of the anticipated amount of the Foundation's contribution for the following fiscal year.
6. Monthly financial statements of the Foundation will be provided to the Board
of Library Trustees within 45 days following the end of each month. These statements shall include, but are not limited to, a balance sheet and income statement (or equivalent statements). All statements shall separately indicate financial information of each of the Foundation's accounting funds (operating, endowment, etc.) and shall disclose assets, liabilities, equity, revenues, and expenses in accordance with accepted accounting practices. In addition, a schedule of investments shall also be provided quarterly with or as a part of the monthly financial statements.
7. The annual independent audited financial report of the Foundation will be provided to the Board of Library Trustees within 90 days following the end of
each fiscal year. This auditor's report shall be prepared in accordance with generally accepted auditing standards. Any management recommendation letter accompanying this report shall also be provided.
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• COOPERATING AGREEMENT
Page 3
B. GENERAL COOPERATING PROCEDURES AND COSTS
1. Foundatiol'I annual budgeted operating expenses will not exceed 30% of the
total funds expected to be raised in that fiscal year, including membership
fees, but exclusive of funds raised for, and income derived from the
Endowment Fund.
2. Foundation solicitation materials shall be promptly reviewed prior to printing
by the Board of Library Trustees or their designee. Such materials shall explain to donors the options of making unrestricted, restricted, Endowment Fund or other gifts.
3. The Library will designate an area within the Central Library for the Foundation administrative staff to operate and will make available the
equipment necessary to conduct normal business affairs, such as
telecommunications; Library postage meter; and Library copying equipment.
The Foundation will annually reimburse the Library and the City only for the
cost of telecommunications; use of Library postage meter; and use of Library
• copying equipment.
C. DISBURSEMENT OF FUNDS
The Foundation will disburse to the Library on a quarterly basis the restricted funds, (with a list of donor names), and the unrestricted funds received by the Foundation, less the 30% annual budgeted operating expenses as identified in B.1.
The use of unrestricted funds to be determined by the Board of Library Trustees.
D. ENDOWMENT FUND AND ENDOWMENT CAMPAIGN 1. For clarity of accounting, the Endowment Fund shall be kept separate from monies in the operating funds.
2. The end date for the current Endowment Campaign will be established by the
Foundation by December 31, 1999.
3. No Funds shall be taken from the Endowment Fund for operating costs of the
Foundation, other than those involved with direct managing, monitoring and
reporting.
4. Annual disbursement to the Library from the Endowment Fund shall be 5% of the market value of the total assets of the Fund at the end of the fiscal year.
5. Annual disbursements to the Library shall be made within 60 days of the end of the fiscal year.
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COOPERATING AGREEMENT
Page 4
6. When an Endowment Campaign is contemplated by the Foundation, plans and timelines will be reviewed and jointly approved by the Board of Library
Trustees and the Foundation.
7. Campaign costs during the period of the Endowment Campaign shall not
exceed 30% of the Endowment Funds intended to be raised in that campaign.
8. The Foundation shall review the amount of the annual distribution from the Endowment Fund every five years taking into account the intent of donors, the
investment experience of the Endowment Fund, overall economic conditions
and such other factors as the directors of the Foundation deem necessary in
discharging their fiduciary obligations with regard to the Endowment Fund.
E. COMMUNICATION
1. The City's Community Services Director/City Librarian shall continue as an ex- officio member of the Foundation's Board of Directors and be entitled to all
rights and privileges offered to any other Foundation director except that of •
voting.
2. In addition to monthly financial statements (mentioned in Section I), minutes of meetings of the Foundation's Board of Director's shall be forwarded to the
Community Services Director/City Librarian in a timely manner so that they may be distributed to the Board of Library Trustees. In turn, minutes of all
Board of Library Trustees meetings shall be forwarded in a timely manner to
the Foundation for distribution as they deem appropriate.
3. Both the Board of Library Trustees and the Foundation Board of Directors shall
designate one or more of their members to regularly attend the publicly
noticed meeting of the other organization. It will be the responsibility of
these designated individuals to briefly report on their organization's activities, discuss common goals, answer pertinent questions and report on projects currently underway.
4. The above is not intended in any way to limit the communication between
Board of Library Trustees and the Foundation. To the contrary, every effort
shall be made by members of both organizations to attend the regularly scheduled events of the other. •
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p:ic..
COOPERATING AGREEMENT
Page 5
F. CONCLUSION
This Cooperating Agreement is undertaken with the goal of attaining the greatest degree of cooperation, communication and resulting synergy between Board of
Library Trustees of the Newport Beach Public Library and the Board of Directors of
the Newport Beach Public Library Foundation. The organizations agree that this
_Cooperating Agreement be reviewed jointly every two years, beginning at the end
of fiscal year 2001 /02, to assure that its purposes are being carried out and to
explore ways in which the communication between both organizations could be
enhanced.
Executed this 18th day of January, 2000, City of Newport Beach, California on behalf
of each organization by their respective duly authorized officers.
By: • Board of Library Trustees
Trustee
By:
Newport Beach Public Library Foundation
David Carmichael, President •
Bob Knox
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43
RESTATED ARTICLES OF INCORPORATION
OF
THE NEWPORT BEACH LIBRARY FOUNDATION
(henceforth to be known as THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION)
David R. Carmichael and James L Rubel, Jr. certify that:
I. They are President and Secretary, respectively, of The Newport Beach
Library Foundation (the Foundation), henceforth to be known as The Newport Beach Public Library Foundation, a California nonprofit public benefit corporation.
2. The following restatement of the Foundation's Articles of Incorporation
has been approved by the Board of Directors:
I
£xH1e1r2
The name ohhis corporation is The Newport Beach Public Library
Foundation.
II
A. This corporation is a nonprofit public benefit corporation
and is not organized for the private gain of any person. It is organized under the
Nonprofit Public Benefit Corporation Law for charitable purposes.
B. The specific purpose of this corporation is to engage in the solicitation, receipt, and administration of monies and other property, and from
time to time to disburse such monies and/or property and the income therefrom,
solely to or for the benefit of the City of Newport Beach Public Library, its
branches, and its related activities and services. Such disbursements shall be used
for the following and related purposes: (1) maintaining the central library of the
Newport Beach Public Library and the branches of the Newport Beach Public
Library, (2) renovation of facilities, (3) capital expenditures, (4) equipment
acquisition and maintenance, (5) acquisition, maintenance, repair and restoration
of books and other library materials, (6) staff education, (7) community programs,
(8) any other needs of the Newport Beach Public Library system; and (9)
operating expenses of the corporation.
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/J·
III
A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 50I(c)(3) of the Internal Revenue Code.
B. Notwithstanding any other provision of these articles, this - corporation shall not carry on any other activities not permitted to be carried on.
(a) by a corporation exempt from federal income tax under Section 50l(c)(3) of
• the Internal Revenue Code or (b) by a corporation contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.
C. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in or intervene in any political
campaign (including the publishing or distribution of statements) on behalf of, or
in opposition to, any candidate for public office. • IV
The property of this corporation is irrevocably dedicated to charitable purposes, and no part of the net income or assets of this corporation
shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment or provision for payment of all
debts and liabilities of this corporation shall be distributed to the Orange County Community Foundation to establish an endowment fund, the income from which
shall be distributed annually to or for the benefit of the City of Newport Beach
Public Library.
3. The Foundation has no members.
David R. Carmichael, President
l\ /} \{(vlc '
James L/Rubel, Jr., Secretary
·' t/
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Each of the foregoing hereby declares under penalty of penalty that the
statements contained in the foregoing certificate are true and correct of his or her own
knowledge, and that this declaration was executed on January 13, 2000, at Newport
Beach, California.
David R. Carmichael
\ 0 f f
l\,'-L":r/ \
Jame L. Rubel, Jr.
,_.,
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•
BYLAWS
of
• THE NEWPORT BEACH LIBRARY FOUNDATION
a California nonprofit public benefit corporation
•
CXHIBIT J
I 3 47
TABLE OF CONTENTS •
ARTICLE l - OFFICES ....................................................................................................................... 2
Section l. l Principal Office .................................................................................... 2
Section 1.2 Other Office ......................................................................................... 2
ARTICLE 2 - MEMBERSHIP ........................................................................................................... 2
Section 2.1 No Statutory Members ......................................................................... 2
Section 2.2 Members .............................................................................................. 2
Section 2.3 Memberships......................................................................................... 2
ARTICLE 3 - DIRJ:CTORS...................................................................................................... 3
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Section 3.9
Section 3.10
Section 3.11
Section 3.12
Section 3.13
Section 3.14
Section 3.15
Section 3.16
Section 3.17
Section 3.18 ·Section 3.19
Section 3.20
Section 3.21
Section 3.22
Section 3.23
Section 3.24
Powers ................................................................................................................. 3
Number of Directors ..................................................................................... 3
Selection and Term of Office ............................................................... 4 Interested Persons ............................................................................... 4.
Transactions in Which Directors Have Personal Interest ....................... 5
. Resignation and Vacancies .......................................................................... 6
Removal ......................................................................................................... 6
Place of Meeting ................................................................................. 7
Annual Meetings ................................................................................. 7
Regular Meetings ................................................................................ 7 Special Meetings ................................................................................. 7
Notice................................................................................................. 7
Quorum .............................................................................................. 7
Participation in Meetings by Conference Telephone .............................. 8
Waiver of Notice ................................................................................... 8
Adjournment .............................................................................................. 8
Action Without Meeting ..................................................................... 8
Rights of Inspection ............................................................................... 8
Executive Committee ............................................................................. 8
Standing or Special Committees ................................................................. 9
Limitations upon Committees of the Board ............................................... 9
Advisory Commissions ............................................................................... 10
Fees and Compensation .............................................................................. 10
Supermajority Approval Required .............................................................. 10
ARTICLE 4 - OFFICERS ............................................................................................................... 11
Section 4.1
Section 4.2
Section 4.3
Officers ......................................................................................................... 11
Election ......................................................................................................... 11
Additional Officers .................................................................................... 11 •
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Section 4.4
Section 4.5
Section 4.6
Sectic:m 4.7
Section 4.8
Section 4.9
Section 4.10
Section 4.11
Section 4.12
Section 4.13
Removal and Resignation ............................................................. 11
Vacancies ......................................................................................... 12
Chairman of the Board ...................................................................... 12
President .......................................................................................... 12
Vice Presidents ................................................................................. 12
Secretary .......................................................................................... 12
Chief Financial Officer ...................................................................... 12
Assistant Treasurers and Secretaries .....................................................13
Executive Director ..................:......:..............:............:...................:: ... 13
Compensation ......................................................................................... 14 "'
ARTICLE 5 - OTHER PROVISIONS ..................................................................................... 14
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
Section 5.7
Endorsement of Documents; Contracts ................................................. 14
Representation of Shares of Other Corporations ............................:. ... 14
Construction and Definitions ................................................................. 14
Amendments .......................................................................................... 15
Maintenance of Certain Records ........................................................... 15
Annual Report ............................................................................................. 15
Annual Statement of Certain Transactions and Indemnifications ........ 15
ARTICLE 6 - INDE1vfNIFICATION · ..........................................................................................16
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Definitions ........................................................................................... 16
Indemnification in Actions by Third Parties ....................................... 16
Indemnification in Actions by or in the Right of the Corporation........... 17
Indemnification Against Expenses ......................................................... 17
Required Determinations ...................................................................... 18
Advance of Expenses ........................................................................ 18
Other Indemnification .......................................................................... 18
Forms of Indemnification Not Permitted ............................................ 18
Insurance ............................................................................................. 18
Nonapplicability to Fiduciaries of Employee Benefit Plans ............... 19
ARTICLE 7 - DISPOSITION OF FUNDS ........................................................................ 19
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BYLA\VS
of
The Newport Beach Library Foundation,
a California nonprofit public benefit corporation
ARTICLE 1 OFFICES
Section 1.1 Principal Office. The Corporation's principal office shall be fixed
and located at such place as the Board of Directors (the "Board") shall determine. The Board is
granted full power and authority to change said principal office from one location to another.
Section 1.2 Other Offices. Branch or subordinate offices may be established at
any time by the Board at any place or places.
ARTICLE2 MEMBERSHIP
Section 2.1 No Statutory Members. The Corporation shall have no members •
as defined in Section 5056 of the California Nonprofit Corporation Law (the "Law"). Any action
which would otherwise require approval by a majority of all members or approval by the members
shall require only approval of the Board. All rights which would otherwise vest in the members shall vest in the directors.
Section 2.2 Members. Nothing in this Article 2 shall be construed as limiting
the right of the Corporation to refer to persons associated with it as "members" even though such
persons are not members, and no such reference shall constitute anyone a member within the
meaning of Section 5056 of the California Nonprofit Corporation Law (the "Law"). The
Corporation may confer by amendment of its Articles or of these Bylaws some or all of the rights
of a member, as set forth in the Law, upon any person or persons who do not have the right to vote
for the election of directors or on a disposition of substantially all of the assets of the Corporation
or on a merger or on a dissolution or on changes to the Corporation's Articles of Incorporation (the
"Articles") or Bylaws. but no such person shall be a member within the meaning of said Section
5056.
Section 2.3 Memberships. Memberships shall be divided into two (2) classes:
Regular and Honorary.
(a) Regular Memberships. Regular Members are those persons making an
annual contribution in an amount established, from time to time, by the Board of Directors. Upon
paying the amount, a person shall be a member for one (I) year commencing on the date of •
contribution and ending one (I) year later. Regular members renewing their annual memberships
will be considered as having renewed as of the most recent prior expiration date of their
membership within the previous year, regardless of when the contribution is actually received.
2 It,
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Members shall also be entitled to make their annual contributions in advance of the end of their
membership year to apply toward the next year.
(b) Honorary Memberships. Honorary members are those persons who have
been designated as such by a majority of the Board of Directors acting at a regular meeting, or a
special meeting called for the purpose of designating such a person. Honorary members may be
business organizations. No contributions shall be required for Honorary membership.
(c) Miscellaneous. Memberships are not transferable. A husband and wife
may together constitute a "member".
ARTICLE3
DIRECTORS
Section 3.1 Powers. Subject to the Limitations of the Articles and these
Bylaws, the activities and affairs of the Corporation shall be conducted and all corporate powers
shall be exercised by or under the direction of the Board. The Board may delegate the management
of the activities of the Corporation to any person or persons, a management company or
committees, however composed, provided that the activities and affairs of the Corporation shall be
managed and all corporate powers shall be exercised under the ultimate direction of the Board.
Without prejudice to such general powers, but subject to the same limitations, it is hereby
expressly declared that the Board shall have the following powers in addition to the other powers
enumerated in these Bylaws:
(a) To select and remove all officers, agents and employees of the Corporation,
prescribe powers and duties for them as may not be inconsistent with Law, the Articles or these
Bylaws, fix their compensation and require from them such security, if any, for faithful service as
the Board may deem appropriate.
(b) To conduct, manage and control the affairs and activities of the Corporation,
and to make such rules and regulations therefor not inconsistent with Law, the Articles or these
Bylaws, as they may deem appropriate.
(c) To adopt, make and use a corporate seal and to alter the form of such seal
from time to time as they may deem appropriate.
(d) To borrow money and incur indebtedness for the purposes of the
Corporation, and to cause to be executed and delivered therefor, in the corporate name, promissory
notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other evidences of
debt and securities therefor.
Section 3.2 Number of Directors. The authorized number of directors shall be
not less than three (3) nor more than twenty-five (25) until changed by amendment of the Articles
or these Bylaws. The exact number of directors shall be fixed, within the limits specified, by
resolution duly adopted by the Board. The initial number of directors shall be eighteen (\8) until
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changed as provided in this Section. Directors shall have an affiliation with the Newport Beach •
community.
Section 3.3 Selection and Term of Office.
(a) In an organizational meeting of the Board, following the adoption of these
Bylaws, the Board shall divide itself into three groups of as nearly equal size as possible. The
terms of office for each group of directors shall be staggered. The first group of directors shall
hold office until the next following annual meeting of the Board, the second group shall hold office
until the second following annual meeting of the Board, and the third group shall hold office until
the third following annual meeting of the Board. Thereafter the directors in each group shall hold office until the third ensuing annual meeting of the Board following their election and until their respective successors are elected and qualified. At each annual meeting of the Board, a number of directors shall be elected by the entire Board equal to the number of directors whose terms shall
have expired at the time of such meeting, unless the authorized number of directors has been
changed by amendment or resolution pursuant to Section 3.2, in which case the number of
directors to be elected shall be equal to the number so determined pursuant to Section 3.2.
(b) In addition to the directors selected pursuant to Section 3.3(a), there shall
be at least one(!) ex-officio director designated by the Board, who shall be the City Librarian of
the City of Newport Beach. The Board may, from time to time, by majority vote, designate •
persons other than the City Librarian as ex-officio directors. Each ex-officio director shall hold office until he or she resigns or is removed by the Board. Ex-officio directors shall have the
right to notice of all meetings of the Board, and to attend and participate in all meetings of the Board except when the Board meets in executive session for voting members only. Ex-officio
directors shall not vote, be counted toward a quorum of the Board or nominate directors for election to the Board.
Section 3.4 Interested Persons. Not more than 49 percent of the persons serving on the Board at any time may be interested persons. For purposes of this Section 3.4, an
interested person is:
(a) Any person being compensated by the Corporation for services rendered to
it within the previous twelve months, whether as a full-time or part-time employee, independent
contractor, or otherwise, excluding any reasonable compensation paid to a director as a director; or
(b) Any brother, sister, ancestor, descendant, spouse, brother-in-law, mother- in-law, or father-in-law of any such person.
Any violation of the provisions of this Section 3.4 shall not affect the validity or enforceability of
any transaction entered into by the Corporation. •
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Section 3.5 Transactions in Which Directors Have Personal Interest.
(a) Any transaction of the Corporation in which any of its directors have a
material financial interest shall be entered into or consummated only if:
(1) The transaction is fair and reasonable as to the Corporation
at the time the Corporation enters into the transaction;
(2) The Corporation enters into the transaction for its own
benefit; and
(3) Prior to consummating the transaction or any part thereof
the Board authorizes or approves the transaction in good faith by a vote of the
majority of the directors then in office without counting the vote of the interested
director or directors (although such s\irector or directors may be counted for
purposes of determining the presence of a quorum at the meeting at which such
action is taken), and with knowledge of the material facts concerning the
transaction and director's interest in the transaction.
(b) If it is not reasonably practicable to obtain such approval by the Board
prior to entering into the transaction, a committee or person authorized by the Board may
approve the transaction in a manner consistent with the standards of Section 3.5(a); provided,
however, that at its next meeting the Board:
(I) Determines that it was not reasonably practicable to obtain approval by the Board prior to entering into the transaction;
(2) Determines that the committee or person authorized by the
Board approved the transaction in the required manner; and
(3) Ratifies the transaction by a vote of the maJonty of the
directors then in office without counting the vote of the interested director or
directors (although such director or directors may be counted for purposes of
determining the presence of a quorum at the meeting at which such action is taken).
(c) Sections 3.5(a) and 3.S(b) shall not apply to:
( l) An action of the Board fixing the compensation of a director
as a director or officer of the Corporation;
(2) A transaction which is part of a public or charitable program of the
Corporation if it:
(i) Is approved or authorized by the Corporation in
good faith and without unjustified favoritism; and
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(ii) Results in a benefit to one or more directors or their
families because they are in the class of persons intended to be benefited by
the public or charitable program.
(3) A transaction of which the interested director or directors
have no actual knowledge and which does not exceed the lesser of one percent of
the gross receipts of the Corporation for the preceding fiscal year or $100,000.
(d) Any contract or other transaction (other than transactions subject to Sections
3.5(a) or Section 3.5(c) above) between the Corporation and any corporation, firm, association, or
entity of which one or more of this Corporation's directors are directors shall be entered into or
consummated only if:
(1) The material facts relating to the transaction and to such
director's other directorship are fully disclosed or known to the Board or committee,
and the Board or committee authorizes, approves or ratifies the contract or
transaction in good faith by a vote sufficient without counting the vote of the
common director or directors; or
(2) The contract or transaction is just and reasonable as to the
Corporation at the time it is authorized, approved or ratified.
Section 3.6 Resignation and Vacancies.
(a) Subject to the provisions of Section 5226 of the Law, any director may
resign effective upon giving written notice to the Chairman of the Board, the President, the
Secretary or the Board, unless the notice specifies a later time for the effectiveness of such
resignation. If the resignation is effective at a future time, a successor may be selected before such
time, to take office when the resignation becomes effective.
(b) A vacancy on the Board shall be deemed to exist in case of the death,
resignation or removal of any director or an increase in the authorized number of directors.
Vacancies on the Board shall be filled in the same manner as the director whose office is vacant
was selected, provided that any vacancy to be filled by election by directors may be filled by a
majority of the remaining directors, although less than a quorum, or by a sole remaining director at
any regular or special meeting of the Board. Each director so selected shall hold office until the
expiration of the term of the replaced director and until a successor has been selected and qualified.
Section 3.7 Removal. Any director or directors may be removed from office
without cause if such removal is approved by a majority of the directors then in office. The Board
may declare vacant the office of a director who has been declared of unsound mind by a final order
of court, or convicted of a felony, or been found by a final court or judgment of any court to have
breached any duty arising under Sections 5230 through 5238 of the Law. No reduction of the
authorized number of directors shall have the effect of removing any director prior to the
expiration of the director's term of office.
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Section 3.8 Place of Meeting. _Meetings of the Board shall be held at any place
within or without the State of California which has been designated from time to time by the
Board. In the absence of such designation, regular meetings shall be held at the principal office of
the Corporation.
Section 3.9 Annual Meetings. The Board shall hold an annual meeting for the
purposes of organization, selection of directors and officers and the transaction of other business.
Annual meetings of the Board shall be held on such dates and at such times as may be fixed by the
Board. •
Section 3.10 Regular Meetings. Regular meetings of the Board maybe held
without call or notice on such dates and at such times as may be fixed by the Board.
Section 3.11 Special Meetings. Special meetings of the Board for any purpose
or purposes may be called at any time by the Chairman of the Board, the President, the Vice
President, the Secretary or any two directors.
Section 3.12 Notice.
(a) Annual and special meetings of the Board shall be held upon at least four
days' notice by first-class mail or forty-eight hours' notice given personally or by telephone,
facsimile, telex or other similar means of communication. Any such notice shall be addressed or
delivered to each director at such director's address as it is shown upon the records of the
Corporation or as may have been given to the Corporation by the director for purposes of notice or,
if such address is not shown on such records or is not readily ascertainable, at the place where the
meetings of the directors are regularly held.
(b) Notice by mail shall be deemed to have been given at the time a "'Titten
notice is deposited in the United States mails, postage prepaid. Any other written notice shall be
deemed to have been given at the time it is personally delivered to the recipient or is delivered to a
common carrier for transmission, or actually transmitted by the person giving the notice by
electronic means, to the recipient. Oral notice shall be deemed to have been given at the time it is
communicated, in person or by telephone, to the recipient or to a person at the office of the
recipient who the person giving the notice has reason to believe will promptly communicate it to
the receiver.
Section 3.13 Quorum. One-third (1/3) of the number of directors then serving
constitutes a quorum of the Board for the transaction of business, except to adjourn as provided in
Section 3.16. Every act or decision done or made by a majority of the directors present at a meeting
duly held at which a quorum is present shall be regarded as the act of the Board, unless a greater
number be required by law, by these Bylaws or by the Articles, and except as provided in the next
sentence. A meeting at which a quorum is initially present may continue to transact business
notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority
of the required quorum for such meeting.
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Section 3.14 Participation in Meetings bv Conference Telephone. Directors
may participate in a meeting of the Board, or a committee meeting, through use of a conference
telephone or similar communications equipment, so long as all members participating in such
meeting can hear one another.
Section 3.15 ·waiver of Notice. Notice of a meeting need not be given to any
director who signs a waiver of notice or a written consent to holding the meeting or an approval of
the minutes thereof, whether before or after the meeting, or who attends the meeting without
protesting, prior thereto or at its commencement, the lack of notice to such director. All such
waivers, consents and approvals shall be filed with the corporate records or made a part of the
minutes of the meeting.
Section 3.16 Adjournment. A majority of the directors present, whether or not a
quorum is present, may adjourn any directors' meeting to another.time and place. Notice of the
time and place of holding an adjourned meeting need not be given to absent directors if the time
and place be fixed at the meeting adjourned, except as provided in the next sentence. If the meeting
is adjourned for more than twenty-four hours, reasonable notice of any adjournment to another
time or place shall be given prior to the time of the adjourned meeting to the directors who were
not present at the time of the adjournment
Section 3.17 Action Without Meeting. Any action required or permitted to be
taken by the Board may be taken without a meeting if all members of the Board shall individually •
or collectively consent in writing to such action. Such consent or consents shall have the same
effect as a unanimous vote of the Board and shall be filed with the minutes of the proceedings of
the Board.
Section 3.18 Rights of Inspection. Every director shall have the absolute right at
any reasonable time to inspect and·copy all books, records and documents of every kind and to
inspect the physical properties of the Corporation.
Section 3.19 Executive Committee.
(a) The Board may, by resolution adopted by a majority of the number of
directors then in office, establish an executive committee consisting of such number of directors as
may be determined by the Board which, except when the Board is in session, and except as its
powers may be otherwise limited by the Board shall have arid may exercise the powers of the
Board in the management of the business and affairs of the Corporation and may authorize the seal
of the Corporation to be affixed to all papers which may require it. The executive committee shall
also have the power cif general supervision, management, and control of the business of the
Corporation and over its several officers.
(b) Appointments to the executive committee shall be by a majority vote of the
directors then in office. A majority of all the members of the executive committee may determine
its rules of procedure unless the Board shall otherwise provide. The Board shall have the power to •
change the members of the executive committee at any time, either with or without cause and to fill
vacancies; provided that all appointments to the executive committee shall be by a majority vote of
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the directors then in office. Any action which under the provisions of the Law may be taken at a
meeting of the executive committee, may be taken without a meeting if authorized by a writing
signed by all members of the executive committee who would be entitled to vote at a meeting for
such purpose and filed with the Secretary of the Corporation. The executive committee shall meet
prior to the Board meetings to set the agenda and review any matters it deems appropriate.
Section 3.20 Standing or Special Committees.
(a) The term "standing committee" or "special committee" shall mean any
committee appointed by the Board which is authorized by specific delegation, without further
Board action, to make and implement decisions on behalf of the Board, oi: to implement, with some
degree of discretion, decisions of the Board pursuant to guidelines established by the Board. Notice
of, and procedures for, meetings of standing or special committees shall be as prescribed by the
chairman of each such standing or special committee, and meetings of standing ·or special
committees may be called by the Board or the chairman of the standing or special committee.
(b) In the event that the Board determines that the management of the
Corporation would be benefited by the establishment of one or more standing or special
committees in addition to the executive committee, the Board, may from time to time establish one
or more such committees. The establishment of a standing or special committee shall be effected
by a resolution of the Board approved by the vote of the majority of the directors then in office,
which specifically sets forth the powers and duties delegated to such committee. Each such
committee shall consist of two or more directors and shall be presided over by a director selected
by the Board.
Section 3.21 Limitations upon Committees of the Board.
(a)
with respect to:
No committee of the Board shall have any of the authority of the Board
(1) the filling of vacancies on the Board or on any committee
which has the authority of the Board;
(2) the fixing of compensation of the directors for serving on
the Board or on any committee which has the authority of the Board;
(3) the amendment or repeal of Bylaws or the adoption of new
Bylaws;
(4) the amendment or repeal of any resolution of the Board
which by its express terms is not so amendable or repeatable;
(5) the appointment of other committees of the Board or the
members thereof if such committee will have the authority of the Board;
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(6) the expenditure of corporate funds to support a nominee for
director after there are more people nomiriated for director than can be elected; or
(7) the approval of any self-dealing transaction, except that
when it is not reasonably practicable to obtain approval of the Board prior to
entering into such a transaction, a committee authorized by the Board may approve
the transaction in a manner consistent with the standards set forth in Section
5233(d) of the Law subject to ratification by a majority of the directors then in
office (without counting the vote of any interested director) at the next meeting of
the Board.
(b) The Board shall have the power to prescribe the manner in which
proceedings of any committee of the Board shall be conducted. In the absence of any such
prescription, such committee shall have the power to prescribe the manner in which its proceedings
shall be conducted. Unless the Board shall otherwise provide, the regular and special meetings and
other actions of any committee of the Board shall be governed by the provisions of this Article 3
applicable to meetings and actions of the Board. Minutes shall be kept of each meeting of each
committee. Written and/or verbal reports from individual committees shall be made at the next
ensuing meeting of the Board.
Section 3.22 Advisorv Commissions. The Chairman of the Board, the President,
the Board or the executive committee (if there be such a committee) may from time to time appoint
such advisory commissions as deemed appropriate, consisting of directors or persons who are not
directors, but such advisory commissions shall not be deemed committees of the board and shall
not exercise any powers of the Board. Advisory commissions may only investigate, deliberate and
make recommendations to the Board. Notice of, and procedures for, meetings of advisory
commissions shall be as prescribed by the chairman of each such advisory committee, and
meetings of advisory commissions may be called by the Chairman of the Board, the Board, the
executive committee, the President or the chairman of the advisory commission.
Section 3.23 Fees and Compensation. Directors or members of committees or
commissions shall receive no compensation for their services as such. The directors shall be
entitled to reimbursement for expenses, as may be fixed or determined by the Board. Tiris
Corporation shall not make any loan of money or property to, or guarantee the obligation of, any
director or officer, unless approved by the Attorney General; provided, however, that the
Corporation may advance money to a director or officer of the Corporation for expenses
reasonably anticipated to be incurred in the performance of the duties of such officer or director,
provided that in the absence of any such advance, such director or officer would be entitled to be
reimbursed for such expenses by the Corporation. Subject to the provisions of Section 3.4, nothing
contained in this Section 3.23 shall be construed to preclude any director from serving the
Corporation in any other capacity as an officer, agent, employee or otherwise, and receiving
compensation therefor.
Section 3.24 Supermajoritv Approval Required. Notwithstanding anything • contained in these Bylaws, action on the following matters shall be effective only if approved by
two-thirds (2/3) of those directors present at a meeting at which a quorum is present:
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• (a) Amendment of these Bylaws (subject to the provisions of Section 5.4);
(b) Amendment of the Articles;
(c) A change in the general character of the operations of the Corporation;
(d) The purchase, sale, mortgage or lease of real property of the Corporation
or the sale of all or substantially all of its assets;
(e) Consolidation of the Corporation with another corporation; and
(f) Dissolution of the Corporation.
ARTICLE 4
OFFICERS Section 4.1 Officers. The officers of the Corporation shall be a President, a Vice-
President, a Secretary, Chief Financial Officer, Assistant Treasurers and Assistant Secretaries (if
any) and the chairmen of the standing committees (if any). The Corporation may also have, at the
discretion of the Board, an Executive Director, a Chairman of the Board, and such other officers as
may be elected or appointed in accordance with the provisions of Section 4.3.
Section 4.2 Election. The officers of the Corporation, except such officers as
may be elected or appointed in accordance with the provisions of Section 4.3 or Section 4.5, shall
be chosen annually by, and shall serve at the pleasure of, the Board, and shall hold their respective
offices until their resignation, removal, or other disqualification from service, or until their
respective successors shall be elected.
Section 4.3 Additional Officers. The Board may elect, and may empower the
President to appoint (except as set forth in Section 4.12), such other officers as the business of the
Corporation may require, each of whom shall hold office for such period, have such authority and
perform such duties as are provided in these Bylaws or as the Board may from time to time
determine.
Section 4.4 Removal and Resignation.
(a) Any officer may be removed, either with or without cause, by the Board at
any time or, except in the case of an officer chosen by the Board, by any officer upon whom such
power of removal may be conferred by the Board. Any such removal shall be without prejudice to
the rights, if any, of the officer under any contract of employment of the officer.
(b) Any officer may resign at any time by giving written notice to the
Corporation, but without prejudice to the rights, if any, of the Corporation under any contract to
which the officer is a party. Any such resignation shall take effect at the date of the receipt of such
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notice or at any later time specified therein and, unless otherwise specified therein, the acceptance •
of such resignation shall not be necessary to make it effective.
Section 4.5 Vacancies. A vacancy in any office because of death, resignation,
removal, disqualification or any other cause shall be filled in the manner prescribed in these
Bylaws for regular election or appointment to such office, provided that such vacancies shall be
filled as they occur and not on an annual basis.
Section 4.6 Chairman of the Board. The Chairman of the Board, if there be
such an officer, shall, if present, preside at all meetings of the Board and exercise and perform such
other powers and duties as may be from time to time assigned by the Board.
Section 4.7 President. Subject to such powers, if any, as may be given by the
Board to the Chairman of the Board, if there be such an officer, the President is the general
manager and chief executive officer of the Corporation and has, subject to the control of the Board,
general supervision, direction and control of the business and officers. The President shall be
elected from among the directors of the Corporation. In the absence of the Chairman of the Board,
or if there be none, the President shall preside at all meetings of the Board. The President has the
general powers and duties of management usually vested in the office of president and general
manager of a corporation and shall have such other powers and duties as may be prescribed by the
Board.
Vice Presidents, in order of their rank as fixed by the Board or, if not ranked, the Vice President Section 4.8 Vice Presidents. In the absence or disability of the President, the
designated by the Board, shall perform all the duties of the President and, when so acting, shall
have all the powers of, and be subject to all the restrictions upon, the President. The Vice
Presidents shall have such other powers and perform such other duties as from time to time may be
prescribed for them respectively by the Board.
Section 4.9 Secretarv. The Secretary shall keep or cause to be kept, at the
principal office or such other place as the Board may order, a book of minutes of all meetings of
the Board and its committees, with the time and place of holding, whether regular or special, and if·
special, how authorized, the notice thereof given, the names of those present at Board and
committee meetings, and the proceedings thereof. The Secretary shall keep, or cause to be kept, at
the principal office in the State of California the original or a copy of the Corporation's Articles and
Bylaws, as amended to date. The Secretary shall give, or cause to be given, notice of all meetings
of the Board and any committees thereof required by law or by these Bylaws to be given, shall
keep the seal of the Corporation in safe custody, and shall have such other powers and perform
such other duties as may be prescribed by the Board.
Section 4.10 Chief Financial Officer. The Board shall designate a person, who
need not be a member of the Board, to serve as the Chief Financial Officer of the Corporation. The
Chief Financial Officer shall keep and maintain, or cause to be kept and maintained, adequate and
correct accounts of the properties and business transactions of the Corporation. The books of •
account shall at all times be open to inspection by any director. The Chief Financial Officer shall
deposit all moneys and other valuables in the name and to the credit of the Corporation with such
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depositaries as may be designated by the Board._ The Chief Financial Officer shall disburse the
funds of the Corporation as may be ordered by the Board, shall render to the President and the
directors, whenever they request it, an accoW1t of all transactions as Chief Financial Officer and of
the financial condition of the Corporation, and shall have such other powers and perform such
other duties as may be prescribed by the Board. The Chief Financial Officer shall give a bond for
the faithful discharge of his duties in such sum and with such surety as the Board shall determine.
Section 4.11 Assistant Treasurers and Secretaries. The Assistant Treasurers
and the Assistant Secretaries, if there be such officers, shall perform such duties as shall be
assigned to them by the Chief Financial Officer, the Secretary, or the Board.
Section 4.12 Executive Director. The corporation may, in the Board's
discretion, employ an Executive Director of the Corporation. The Executive Director shall be
selected by the Board and shall serve until he or she resigns or is removed by the Board. The
Executive Director may attend meetings of the Board, but may not vote. The Executive Director
shall be an employee of the Corporation and shall have general overall supervision of all the
business affairs of the Corporation subject to the policies, approval and control of the Board, as set
forth herein. The responsibilities of the Executive Director shall include, but not be limited to, the
following:
(a) Long-range planning.
(b) Making policy proposals to the Board.
(c) Assigning overall responsibility for corporate management.
(d) The day-to-day administration of the Corporation.
(e) Employment of professional consultants, including, without
limitation, attorneys, accountants and professional fundraisers.
(f) Selection, employment, control, and discharge of employees; and,
subject to the approval of the Board, development and maintenance of personnel policies
and practices for the Corporation.
(g) Supervision of the business affairs of the Corporation so as to
insure that funds are collected and expended to the best possible advantage.
(h) Acting as a representative of the Corporation to govenunental and
voluntary organizations.
(i) Preparing an annual budget and periodic reporting on the financial
affairs of the Corporation to the Board.
U) Maintenance of the physical properties of the Corporation in a
good state of repair and good operating condition.
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(k) Performance of other duties, as specified by the Board, that may be
necessary or appropriate in the best interests of the Corporation.
(I) Reporting to the Board on the performance of corporate functions.
The Board of Directors may require the Executive Director to give a bond for the
faithful discharge of the Executive Director's duties in such sum and with such surety as the Board
shall determine. The Executive Director shall be compensated in an amount to be determined by
the Board. The amount of the compensation of the Executive Director shall be reviewed and
adjusted annually, or at such shorter intervals as the Board shall determine.
Section 4.13 Compensation. The officers, other than the Executive Director,
shall receive no compensation for their services as such. The officers shall be entitled to
reimbursement for expenses in accordance with corporate policy.
ARTICLES OTHER PROVISIONS
Section 5.1 Endorsement of Documents; Contracts. Subject to the provisions
of applicable law, any note, mortgage, evidence of indebtedness, contract, conveyance or other •
instrument in writing and any assignment or endorsement thereof executed or entered into between
the Corporation and any other person, when signed by the Chairman of the Board, the President or
any Vice President and the Secretary, any Assistant Secretary, the Treasurer or any Assistant
Treasurer of the Corporation shall be valid and binding on the Corporation in the absence of actual
knowledge on the part of the other person that the signing officers had no authority to execute the
same. Any such instruments may be signed by any other person or persons and in such manner as
from time to time shall be determined by the Board, and, unless so authorized by the B,)ard, no
officer, agent or employee shall have any power or authority to bind the Corporation by any
contract or engagement or to pledge its credit or to render it liable for any purpose or amount.
Section 5.2 Representation of Shares of Other Corporations. The President,
or any other officer or officers authorized by the Board or the President, are each authorized to
vote, represent and exercise on behalf of the Corporation all rights incident to any and all shares of
any other corporation or corporations standing in the name of the Corporation. The authority
herein granted may be exercised either by such officer in person or by any other person authorized
to do so by proxy or power of attorney duly executed by said officer.
Section 5.3 Construction and Definitions. Unless the context otherwise
requires, the general provisions, rules of construction and definitions contained in the General
Provisions of the California Nonprofit Corporation Law and in the California Nonprofit Public
Benefit Corporation Law shall govern the construction of these Bylaws.
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• Section 5.4 Amendments. These Bylaws may be amended or repealed by the approval of the Board
in accordance with Section· 3.24, except that the requirement as set forth in Section 3.3(b) that the
City Librarian of the City of Newport Beach be an ex-officio director may not be amended or
repealed without the unanimous consent of the Board.
Section 5.5 Maintenance of Certain Records. The accounting books, records,
minutes of proceedings of the Board and the Executive Corrunittee of the Board shall be kept at such-
place or places designated by the Board, or, in the absence of such designation, at the principal
business office of the Corporation. The minutes shall be kept in written or typed form, and the
accounting books and records shall be kept either in written or typed form, or in any other form
capable of being converted into written, typed or printed form. ·
Section 5.6 Annual Report. The Board shall cause an annual report to be
furnished to the directors not later than 120 days after the close of the Corporation's fiscal year.
The annual report shall be accompanied by any report thereon of independent accountants or, if
there is no such accountant's report, the certificate of an authorized officer of the Corporation that
such statements were prepared without audit from the books and records of the Corporation. The
annual report shall contain in appropriate detail the following:
(a) The assets and liabilities, including the trust funds, of the
Corporation as of the end of the fiscal year;
funds, during the fiscal year; (b) The principal changes in assets and liabilities, including trust
(c) The revenue or receipts of the Corporation, both unrestricted and
restricted to particular purposes, for the fiscal year;
(d) The expenses or disbursements of the Corporation, for both general
and restricted purposes, during the fiscal year; and
(e) Any information required by Section 5.7 of these Bylaws.
Section 5.7 Annual Statement of Certain Transactions and Indemnifications.
(a) The Corporation shall furnish annually to its directors a statement of any
covered transaction or indemnifications described below, if such covered transaction or
indemnification took place. Such annual statement shall be affixed to and sent with the annual
report described in Section 5.6 of these Bylaws. A covered transaction under this Section 5.7 is a
transaction in which the Corporation was a party, and in which either of the following interested
persons had a direct or indirect material financial interest (excluding a mere corrunon directorship):
• subsidiary.
(I) Any director or officer of the Corporation, or its parent or
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(2) Any holder of more than l O percent of the voting power of
the Corporation, its parent or its subsidiary:
(b) The statement required by this Section 5.7 shall describe briefly:
(1) Any covered transaction (including compensation of officers
and directors) during the previous fiscal year involving more than $50,000, or
which was one of a number of covered transactions in which the same interested
persons had a direct or indirect material financial interest and which transactions in
the aggregate involve more than $50,000.
(2) The names of the interested persons involved in such
transactions, stating such person's relationship to the Corporation, the nature of such
person's interest in the transaction, and, where practicable, the amount of such
interest; provided that in the case of a transaction with a partnership of which such
person is a partner, only the interest of the partnership need be stated.
(3) The amount and circumstances of any indemnifications or
advances aggregating more than $10,000 paid during the fiscal year to any officer
or director of the Corporation pursuant to Article 6 of these Bylaws.
ARTICLE 6
INDEMNIFICATION
Section 6.1 Definitions. For the purposes of this Article 6, the following
definitions shall apply:
(a) "agent" means any person who is or was a director, officer,
employee or other agent of the Corporation, or is or was serving at the request of the
Corporation as a director, officer, employee or agent of another foreign or domestic
corporation, partnership, joint venture, trust or other enterprise, or was a director, officer,
employee or agent of a foreign or domestic corporation which was a predecessor
corporation of the Corporation or of another enterprise at the request of such predecessor
corporation;
(b) "proceeding" means any threatened, pending or completed action
or proceeding, whether civil, criminal, administrative or investigative; and
(c) "expenses" includes without limitation attorneys' fees and any
expenses of establishing a right to indemnification under Sections 6.4 or 6.5(b).
Section 6.2 Indemnification in Actions bv Third Parties. The Corporation shall,
to the maximum extent permitted by law, indemnify any person who was or is a party or is •
threatened to be made a party to any proceeding, (other than an action by or in the right of the
Corporation to procure a judgment in its favor, an action brought under Section 5233 of the Law,
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or an action brought by the Attorney General or a person granted relator status by the Attorney
General for any breach of duty relating to assets held in charitable trust) by reason of the fact that
such person is or was an agent of the Corporation, against expenses, judgments, fines, settlements
and other amounts actually and reasonably incurred in connection with such proceeding if such
person acted in good faith and in a manner such person reasonably believed to be in the best
interests of the Corporation and, in the case of a criminal proceeding, had not reasonable cause to
believe the conduct of such person was unlawful. The termination of any proceeding by judgment,
order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself,
create a presumption that the person did not act in good faith and in a manner which the person
reasonably believed to be in the best interests of the Corporation or that the person had reasonable
cause to believe that the person's conduct was unlawful.
Section 6.3 Indemnification in Actions bv or · in the Right of the
Corporation. The Corporation shall, to the maximum extent permitted by law, indemnify any
person who was or is a party or is threatened to be made a party to any threatened, pending or
completed action by or in the right of the Corporation, or brought under Section 5233 of the Law,
or brought by the Attorney General or a person granted relator status by the Attorney General for
breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by
reason of the fact that such person is or was an agent of the Corporation, against expenses actually
and reasonably incurred by such person in connection with the defense or settlement of such action
if such person acted in good faith, in a manner such person believed to be in the best interests of
the Corporation and with such care, including reasonable inquiry, as an ordinarily prudent person
in a like position would use under similar circumstances. No indemnification shall be made under
this Section 6.3:
(a) In respect of any claim, issue or matter as to which such person shall
have been adjudged to be liable to the Corporation in the performance of such person's duty
to the Corporation, unless and only to the extent that the court in which such proceeding is
or was pending shall determine upon application that, in view of all the circumstances of
the case, such person is fairly and reasonably entitled to indemnity for the expenses which
such court shall determine;
(b) Of amounts paid in settling or otherwise disposing ofa threatened or
pending action, with or without court approval; or
(c) Of expenses incurred in defending a threatened or pending action
which is settled or othenvise disposed of without court approval, unless it is settled with the
approval of the Attorney General.
Section 6.4 Indemnification Against Expenses. To the extent that an agent of
the Corporation has been successful on the merits in defense of any proceeding referred to in
Sections 6.2 or 6.3 or in defense of any claim, issue or matter therein, the agent shall be
indemnified against expenses actually and reasonably incurred by the agent in connection
therewith.
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Section 6.5 Required Determinations. Except as provided in Section 6.4, any •
indemnification on this Article 6 shall be made by·the Corporation only if authorized in the specific
case, upon a determination that indemnification of the·agent is proper in the circumstances because
the agent has met the applicable standard of conduct set forth in Sections 6.2 or 6.3, by:
(a) A majority vote of a quorum consisting of directors who are not
parties to such proceeding; or
. (b) The court in which such proceeding is or was pending upon
application made by the Corporation or the agent or the attorney or other person rendering
services in connection with the defense, whether or not such application by the agent,
attorney or other person is opposed by the Corporation.
Section 6.6 Advance of Expenses. Expenses incurred in defending any
proceeding may be advanced by the Corporation prior to the final disposition of such proceeding
upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be
determined ultimately that the agent is entitled to be indemnified as authorized in this Article 6.
Section 6.7 Other Indemnification. No provision made by the Corporation to
indemnify its or its subsidiary's directors or officers for the defense of any proceeding, whether
contained in the Articles, Bylaw-s, a resolution of members or directors, an agreement or otherwise,
shall be valid unless consistent with this Article 6. Nothing contained in this Article 6 shall affect
any right to indemnification to which persons other than such directors and officers may be entitled
by contract or otherwise.
Section 6.8 Forms of Indemnification Not Permitted. No indemnification or
advance shall be made under this Article 6, except as provided in Sections 6.4 or 6.S(b), in any
circumstances where it appears:
(a) That it would be inconsistent with a provision of the Articles, these
Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action
asserted in the proceeding in which the expenses were incurred or other amounts were paid,
which prohibits or otherwise limits indemnification; or
(b) That it would be inconsistent with any condition expressly
imposed by a court in approving a settlement.
Section 6.9 Insurance. The Corporation shall have power to purchase and
maintain insurance on behalf of any agent of the Corporation against any liability asserted against
or incurred by the agent in such capacity or arising out of the agent's status as such whether or not
the Corporation would have the power to indemnify the agent against such liability under the
provisions of this Article 6, provided, however, that a Corporation shall have no power to purchase
and maintain such insurance to indemnify any agent of the Corporation for a violation of Section
5233 of the California Nonprofit Public Benefit Corporation Law.
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Section 6.10 Nonapplicabilitv to Fiduciaries of Emplovee Benefit Plans. This
Article 6 does not apply to any proceeding against any trustee, investment manager or other
fiduciary of an employee benefit plan in such persons's capacity as such, even though such person
may also be an agent of the Corporation as defined in Section 6.1. The Corporation shall have
power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by
subdivision (f) of Section 207 of the California General Corporation Law.
ARTICLE 7
DISPOSITION OF FUNDS
Any funds contributed to the Corporation, less operating expenses authorized by the
Board of Directors, shall be contributed to the Newport Beach Public Library within two years
after the Corporation's fiscal year in which such funds are received; provided, however, that the
Corporation may accumulate funds for a longer period pursuant to any plan established by the
Board of Directors for disposition of such funds for the benefit of the Newport Beach Public
Library. Notwithstanding the foregoing, upon resolution adopted by a majority of the Board of
Directors, funds of the Corporation may be contributed to the Newport Beach Public Library or
its designees as grants to fund designated projects or programs pursuant to such practices,
guidelines and procedures as are established from time to time by the Board of Directors, subject
to such approvals and controls as the Board of Directors determines are appropriate in the .
circumstances."
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ExH1s1r4
STATEMENT OF POLICY
BY THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
This Statement of Policy is adopted by The Newport Beach Public Library Foundation
(the "Foundation"), effective January 13, 2000, in order to memorialize certain ongoing practices of
the Foundation for the benefit of the City of Newport Beach Public Library (the "Library"). This
Statement of Policy is adopted in recognition of the desire of the Foundation to provide for the
continuing excellence of the Library. It recognizes the distinctly different and separate roles and
authority of each of the Foundation in raising funds for the benefit.of the Library, on the one hand,
and the Newport Beach Public Library Board of Library Trustees (the "Library Board") in setting
policy for and governing the Library, on the other hand.
Therefore, the following Statement of Policy reaffirming such practices is hereby
adopted by the Foundation for general publication:
I.
AND FINANCIAL REPORTING; POLICIES REGARDING MANAGEMENT OF FUNDS
AND COMMUNICATIONS WITH THE LIBRARY BOARD OF TRUSTEES
The Newport Beach Public Library Foundation ("the Foundation") will:
A. Continue to serve the best interests of its donors, the public, and the Newport Beach Public
Library.
B. Continue to operate within the guidelines established by the Internal Revenue Service and the
Attorney General of the State of California for not-for-profit corporations and the by-laws of
the Foundation.
C. Continue to retain a qualified investment advisory firm, currently Canterbury Consulting, to
assist the Foundation in the selection of investment managers, to measure results and provide
quarterly reports on portfolio performance in comparison to relevant benchmarks, to update its
investment policy, and to advise the Foundation on issues related to the management of
investments by not-for-profit organizations.
Policy.1.13.2000 •
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Continue to retain an independent accountant to perform an audit of the books of the
Foundation within a reasonable period after e.ach year end. Copies of future audited financial
statements will be made available to the Library Board and to interested members of the public
as is currently available.
E. Continue to provide the Library Board with copies of approved Foundation minutes and
financial statements through the Library Board's ex-officio member on the Foundation's Board
of Directors.
F. Continue to provide the Library Board with a copy of the Foundation's annual budget within
thirty days of the beginning of the Foundation's fiscal year. The budget of the Foundation will
set forth the amount of the minimum contribution which the Foundation considers will be
available to transfer to the Library by the end of the Foundation's fiscal year. The Foundation
is aware of the Library's need for a regular stream of revenue to provide support for programs
which the Foundation has undertaken, e.g. CD-ROM subscriptions.
G. Continue to use the "wish list" provided by the Library Board to the Foundation at the
beginning of each fiscal year of the Foundation to solicit funding for the projects identified by
the Library Board as having a high priority and as not having been previously funded by the
City of Newport Beach.
Continue to reimburse the City of Newport Beach for costs of photocopying, telephone,
internet access, and use oflibrary postage meter promptly when billed.
I. Continue to maintain the Endowment Fund and General Fund separately in its books and
records and in the preparation of the budget.
J. Continue to solicit the comments and views of the Library Board as to Foundation fund
raising/solicitation materials.
IL
POLICY REGARDING DISBURSEMENT OF FUNDS
The Foundation will continue to disburse funds to the Library in accordance with the
following:
A. Not less often than semi-annually those funds restricted by donors for specific uses within the
Library will be distributed to the Library. •Policy.1.13.2000
69
B.· After receipt of the annual request for disbursement from the Library Board, funds available
for distribution will be distributed to the Library for the purposes as approved by the
Foundation. Annual distributions will include an amount equal to not less than 5 % of the
calculated market value of the Endowment Fund.
C. The Foundation will review the amount of the annual distributions from the Endowment Fund
not less often than every five years, taking into account the intent of donors, the investment
return from the Endowment Fund, overall economic conditions, and such other factors as the
Foundation deems appropriate in its administration of the Endowment Fund.
III.
POLICY REGARDING CAMPAIGNS FOR ENDOWMENT
When an Endowment Campaign is contemplated by the Foundation, the Foundation will
inform the Library Board of its campaign plan, including timeline(s), and periodic revisions,
and will solicit the comments and views of the Library Board.
IV.
POLICY REGARDING LIBRARY REPRESENTATION ON
FOUNDATION BOARD OF DIRECTORS AND AT MEETINGS.
AND FOUNDATION REPRESENTATION AT
LIBRARY BOARD MEETINGS
A. The Newport Beach City Librarian will continue to be an ex-officio member of the
Foundation's Board of Directors as provided for in the Bylaws of the Foundation.
B. Members of the Library Board will continue to be welcome to attend any noticed meetings of
the Foundation that are open to the public for the purpose of reporting on the Library's
activities and plans, providing information, and requesting pertinent information.
C. The Foundation Board of Directors will designate one or more of its members to regularly
attend the publicly noticed meetings of the Library Board for the purpose of reporting on the
Foundation's activities and plans, providing information, and requesting pertinent information.
By: Newport Beach Public Library Foundation
Policy. l.l 3.2000 •
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ARTICLES OF INCORPORATION
OF
') -1 {,-... u 0r
EXHIBIT 5
:.\
NEWPORT BEACH ARTS FOUNDATION ,:'U!''r:;' -7 ,,.,..;....,
ARTICLE I Name
The name of this Corporation is Newport Beach Arts Foundation.
ARTICLE II Corporate Status
This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes.
ARTICLE III Purposes
This Corporation is organized exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986. The charitable purposes for which this Corporation is organized are to further the purposes and objectives of the arts programs of the City of Newport Beach, California.
ARTICLE IV_ Exempt Status and Limitations on Activities No substantial part of the activities of this Corporation shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, nor shall this Corporation participate or intervene in any political campaign (including publishing or distribution of statements) on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, this Corporation shall not carry on any other activities not permitted to be carried on (a) by a Corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 or (b) by a corporation contributions to which are deductible under Section 170(c)(2) of the Internal .. Revenue Code of 1986.
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ARTICLE V Initial Agent for Service of Process The name of the initial agent of this Corporation for service of process is:
John W. Francis 2600 East Nutwood Avenue, Suite 120 Fullerton, California 92831-3106
ARTICLE VI
Members This Corporation shall have no members other than the persons constituting its Board of Directors. The persons constituting its Board of Directors shall, for the purpose of any statutory provision or rule of law relating to nonprofit corporations otherwise, be taken to be the members of such corporation and · exercise all th·e rights and powers of members thereof.
ARTICLE VII Voting Each member of the Board of Directors shall have one vote. The e shall be no proxy voting permitted for the transaction of any of the business of this Corporation.
ARTICLE VIII
Irrevocable Dedication and Dissolution The property of this Corporation is irrevocably dedicated to charitable purposes and no part of the. net income or assets of this Corporation shail inure to the benefit of any director or officer thereof or to the benefit of any private person. Upon dissolution or winding up of this Corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this Corporation shall be distributed to one or more nonprofit corporations organized and operated for the benefit of the City of Newport Beach, California, to be selected by the Board of Directors and approved by the City Council of said City. Such nonprofit'corporation or corporations must be qudlified for • Federal income tax exemption under Section 501(c)(3) of the
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Internal Revenue Code of 1986, and be organized and operated exclusively for charitable purposes. In no event shall any assets be distributed to any director or officer of this Corporation or to any private person.
ARTICLE IX Disposition of Funds The Board of Directors shall request annually from the City of Newport Beach Arts Commission a statement of funding priorities. Any funds contributed to the Gorporation, less operating expenses authorized by the Board of Directors, shall be contributed to the City of Newport Beach Arts Commission within two years after the Corporation's fiscal year in which such funds are received; provided, however, that the Corporation may accumulate funds for a longer period pursuant to any plan established by the Board of Directors for disposition of such funds for the benefit of the City of Newport Beach Arts Commission. Notwithstanding the foregoing, upon resolution adopted by a majority of the Board of Directors, funds of the Corporation may be contributed to the City of Newport Beach Arts Commission or its designees as grants to fund designated projects or programs pursuant to such practices, guidelines and procedures as are established ftom time to time by the Board of Directors, subject to such approvals and controls as the Board of Directors and the Arts Commission determine are appropriate in the circumstances.
ARTICLE X Amendment The Articles of Incorporation of this Corporation shall be amended only by the_ vote of a majority of the total voting membership of the Board of Directors, subject to the approval of the City Council of Newport Beach, California.
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.
IN WITNESS WHEREOF, for the purpose of forming this
nonprofit corporation under the laws of the State of
California, I, the _undersigned, constituting the
Incorporator of this Corporation, have executed these
Articles of Incorporation this b,Sth
June , 1998.
day of
Howard Iterzog
Incorporator
DECLARATION I am the person whose name is subscribed below. I am
the Incorporator of the Newport Beach Arts Foundation.
I have executed these Articles of Incorporation. The
foregoing Articles of Incorporation are my act and deed.
Executed on June 5 1998 at Newport Beach,
California.
I declare that the foregoing is true and rrect.
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fxH1BIT6
BYLAWS
OF
NEWPORT BEACH ARTS FOUNDATION
ARTICLE I
Purpose
The specific purpose of this corporation is to engage in the solicitation, receipt, and administration of monies and other property, and from time to time to disburse such monies and/or property and the income therefrom, solely to or for the benefit of the City of Newport Beach Arts Commission, and its related activities and services.
ARTICLE II
Powers
The corporation shall have such powers as are now or may hereafter be granted by the Nonprofit Corporation Law of the State of California, except as limited by the provisions of its Articles of Incorporation or these Bylaws.
ARTICLE III
Offices
The corporation shall have and continuously maintain in the City of Newport Beach, State of California, a principal office for the transaction of the corporation's business.
ARTICLE IV
Members
Section 1. No Reqular Members. In accordance with Section 5310 of the California Nonprofit Public Benefit Corporation Law, the corporation shall have no members within the meaning of Section 5056 of that law. All action which would otherwise require approval by a majority of all embers or approval by members shall
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require only approval of the Board of Directors. All rights which • would otherwise vest in members shall vest in the Directors. Section 2. Persons Associated With the Corporation. By resolution, the Board of Directors may create any advisory boards, councils, honorary memberships or other bodies as it deems appropriate. The Board of Directors may also, by resolution, confer upon any such class or classes of such persons some or all of the rights of a member under the California Nonprofit Public Benefit Corporation Law other than the right to vote: (a) for the election of a Director or Directors or an officer or officers; or (b) on a disposition of all or substantially all of the assets of the corporation; or
(c) on a merger; or
(d) on a dissolution; or
(e) on changes to the corporation's Articles of Incorporation or Bylaws.
All such voting rights are vested exclusively in the Board of • Directors.
ARTICLE V
Board of Directors
Section 1. Definition of Terms. For the purpose of these Bylaws, ''Board of Directors" or "Board" refers to the Board of Directors of the corporation, unless otherwise specifically indicated.
Section 2. corporation Directors.
General Powers. All the business and affairs of the shall be managed and controlled by the Board of
Section 3. Number. five (5) nor more specified from time All Directors shall community.
The number of Directors shall not be less than than twenty (20), the exact number to be to time by action of the Board of Directors. have an affiliation with the Newport Beach
Section 4. Selection and Tenure. The Chair of the City of Newport Beach Arts Commission shall be an ex-officio, non-voting Director •
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of the corporation. Two (2) members of the Arts Commission, appointed by the Arts Commission shall be non-voting Directors and shall serve one (1) year terms. In addition, the Arts Commission shall appoint three Directors who are not members of the Arts Commission who shall serve one (1), two (2) or three (3) year initial terms as determined by the Arts Commission. All other voting Directors shall be appointed by the Board of Directors and shall serve one (1), two (2) or three (3) year initial terms as determined by the Board of Directors. All subsequent terms for appointed voting Directors shall be three (3) years. Appointed voting Directors shall have as many successive three (3) year terms as the appointing entity deems appropriate.
Section 5. Resignation and Removal. Any Director may resign from the Board at any time by giving written notice to the President or the Secretary of the corporation and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Directors may be removed from office by majority vote of the Board of Directors. A Director shall automatically be removed from office if he or she fails to attend three consecutive meetings of the Board of Directors without being excused therefrom.
Section 6. Vacancies. Any vacancy occurring on the Board of Directors of the corporation shall be filled by the Board of Directors. Section 7. Compensation of Directors. No Director shall receive any salary or other similar compensation for any services as a Director; however, the Board of Directors may authorize the reimbursement of actual and necessary expenses incurred by individual Directors performing duties as Directors.
Section 8. Inspection by Directors. Each Director shall have the right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the corporation for a purpose rea·sonably related to such person's interest as a Director, provided that such Director shall not have the right to inspect those books, records or documents made privileged or confidential by law. This inspection must be made by the Director in person, provided that the Director may be accompanied by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. Nothing in this section shall affect the right of the Board of Directors to conduct the business of the corporation as set forth in these Bylaws.
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ARTICLE VI
Meetings of the aoa d of Directors
Section 1. Place of Meeting. All meetings of the Board of Directors shall be held at the principal office of the corporation or at such other place as may be designated for that purpose from time to time by the Board. Section 2. Annual Meeting. An annual meeting of the Board of Directors shall be held in June of each year prior to the meeting of the Board of Directors. Such meeting shall be held at the principal office of the corporation or at such other time and place as the Board of Directors may from time to time designate. Such meeting shall be for the purpose of electing officers of the corporation and for the transaction of such other business as may come before the meeting.
Section 3. Regular Meetings. Regular meetings of the Board of Directors shall be held upon notice in accordance with Section 5 of this Article VI. Section 4. Special Meetings. Special meetings of Directors may be called by, or at the direction of, the President or by one-third of • the voting Directors then in office, to be held at such time and place as shall be designated in the notice of meeting.
Section 5. Notice of Meeting.
(a) Notice of the time and place of any meeting of the Board of Directors other than special meetings shall be given at least ten (10) days previous thereto delivered personally or sent by mail or facsimile to each Director at his or her address or facsimile number as shown in the records of the corporation. If mailed, such notice shall be deemed to be delivered the next day during which regular mail deliveries are made after the day such notice is deposited in the United States P6stal Service in a sealed envelope so addressed, with postage thereon prepaid. If notice be given by facsimile, such notice shall be deemed delivered when the facsimile is transmitted. The business to be transacted at any regular or special meeting of the Board shall be specified in the notice of such meeting.
(b) The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
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Section 6. Open Meeting Law. All meetings of the Board shall be open and public, and all persons shall be permitted to attend any meeting of the Board, in conformity with the California statutes governing the corporation, commencing with Section 54950 of the Government Code. However, the Board may hold closed sessions during any meeting to consider those matters that may lawfully be considered in such sessions.
Section 7. Validation of Meeting. The transactions of the Board of Directors at any meeting, however. called or noticed, or wherever held, shall be as valid as though at a meeting duly held after call and notice if a quorum be present and if, either before or after the meeting, each Director not present signs a written waiver of notice or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records and made a part of the minutes of the meeting.
Section 8. Quorum and Manner of Actina. A majority of the number of Directors in office or three (3) Directors, whichever is greater, shall constitute a quorum of the Board of Directors for the transaction of business, except to adjourn as provided in Section 9 of this Article VI. A meeting at which a quorum is initially present may continue to tran.sact business notwithstanding the withdrawal of a Director or Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. Each member of the Board of Directors shall have one vote. There shall be no proxy voting permitted for the transaction of any of the business of this corporation.
Section 9. Adiourned Meetings. A quorum of the Directors may adjourn any Directors meeting to meet again at a stated day and hour; provided, however, that in the absence of a quorum, a majority of the Directors present at any Directors meeting, either regular or special, may adjourn from time to time until the time fixed by the next regular meeting of the Board of Directors. Notice of the date, time, place and the business to be transacted at such meeting shall be given to any Directors who were not present at the time of the adjournment. Section 10. Minutes of Meetings and Conduct. Regular minutes of the proceedings of the Board of Directors shall be kept in a book provided for that purpose. The President shall preside at meetings of the Board of Directors. The Board of Directors may adopt its
own rules of procedure insofar as such rules are not inconsistent with, or in conflict with, these Bylaws, the Articles of Incorporation of the corporation or with the law.
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ARTICLE VII
Officers
Section 1. Officers. The Officers of the corporation shall be a President, a Vice President, a Secretary, and a Treasurer. The corporation, at the discretion of the Board of Directors, may have additional officers. All Officers shall be selected from among the Directors. One person may hold two or more offices, except that one person may not hold both the offices of President and Secretary or Treasurer. Section 2. Election and Term of Office. Initially, the Officers of the corporation will be appointed by the Board of Directors at the organizational meeting and subsequently will be elected annually by the Board of Directors at its annual meeting. If the election of Officers shall not be held at such meeting, such election shall be held as soon thereafter as may conveniently be scheduled. Vacancies may be filled or new offices created and filled at any meeting of the Board of Directors. Except as provided in the case of Officers appointed under Section 4 of this Article VII herein, each Officer shall hold office for a term of one (1) year and until his or her successor shall have been elected, unless he or she shall sooner resign, be removed, or become ineligible to continue to serve in such capacity. "Elected • Officers may serve as many successive one (1) year terms as the Board of Directors deems appropriate.
Section 3. Removal and Resignation. Any Officer elected by the Board of Directors may be removed by the Board of Directors at which a quorum is present whenever, in their judgment, the best interests of the corporation would be served thereby. Any Officer may resign at any time by giving written notice to the President or the Secretary of the corporation and unless otherwise specified therein the acceptance of such resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the corporation under any contract to which the Officer is a party.
Section 4. Vacancies.. A vacancy in any office may be filled by the Board of Directors for the unexpired portion of the term.
Section 5. President. The President shall be elected from among the Directors of the corporation and shall be chairman of and preside at all meeti.ngs of the Board of Directors and of the Executive Committee. The President shall be an ex-officio member of all committees which may be from time to time elected or appointed and may serve as chairman of the Executive Committee.
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The President may sign, with the Secretary or Treasurer or any other proper officer of the corporation authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which have been authorized to be executed on behalf of the corporation, except in cases where the signing thereof shall be expressly delegated by the Board of Directors, or by these Bylaws, or by statute to some other officer or agent of the corporation; and, in general, he or she shall perform all duties incident to the functions of the President of the Board of a corporation and such other duties as may be prescribed by the Board of Directors from time to time.
Section 6. Vice President. In the absence of the President the Vice President shall perform the duties of the President. The Vice President shall have such other powers and perform such other duties as may be assigned to him or her by the President or by the Board of Directors. Section 7. Secretary. The Secretary shall keep or cause to be kept a book of minutes at the principal office or at such other place as the Board of Directors may order of all meetings of the Directors and of the Executive Committee, with the time and place of holding, whether regular or special, and if special, how
authorized, the notice thereof given, the names of those present at Directors meetings. The Secretary shall give or cause to be given notice of all the meetings of the Board of Directors reqciired by these Bylaws or by law to be given. Section 8. Treasurer. The Treasurer, subject to the direction of the President, shall have charge and custody of and be responsible for all funds and securities of the corporation; receive and give receipt for moneys due and payable to the corporation from any source whatsoever; deposit all such moneys in the name of the corporation in such banks, trust companies, or other depositories as the Board of Directors shall select, and, in general, perform all the duties incident to the office of Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his or her other duties in such sum and with such surety as the Board of Directors shalL determine.
ARTICLE VIII
Committees
Section 1. Committees. The Board may appoint one or more committees, each consisting of two or more Directors, and delegate to such committees any of the authority of the Board except with respect to:
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(a) The filling of vacancies on the Board or on any cornmittee;
(b) The fixing of compensation of the Directors for serving on the Board or on any cornmittee, should Article V, Section 7, be amended to allow such compensation;
(cl The amendment or repeal of Bylaws or the adoption of any new Bylaws; (d) The amendment or repeal of any resolution of the Board which by its express terms is not so amendable or repealable; (e) The appointment of other cornmittees of the Board or the members thereof; or (f) The approval of any self-dealing transaction, as such transactions are defined in Section 5233(a) of the California Nonprofit Public Benefit Corporation Law.
Any such cornmittee must be created, and the members thereof appointed, by resolution adopted by a majority of the Directors then in office, provided a quorum is present. Any such cornmittee may be designated an Executive Cornmittee or by such other name as the Board shall specify. The Board may appoint, in the same manner, alternate members of any cornmittee who may replace any absent member at any meeting of the committee. The Board shall have the power to prescribe the manner in which proceedings of any such cornmittee shall be conducted. In the absence of any such prescription, such cornmittee shall have the power to prescribe the manner in which its proceedings shall be conducted. Minutes shall be kept of each meeting of each cornmittee.
Section 2. Cornmittee Procedures. The Board of Directors may prescribe appropriate rules, not inconsistent with the Bylaws, by which proceedings of any cornmittee shall be conducted.
ARTICLE IX
Indemnification of Directors. Officers. and Other Agents
Section 1. Right of Indemnity. To the fullest extent permitted by law, the corporation shall indemnify its Directors, Officers, employees, and other persons described in Section 5238(a) of the California Corporations Code, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements and other amounts actuaily and reasonably incurred by them in connection with any ''proceeding,'' as that term is used in
8
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that Section, and including an action by or in the right of the
corporation, by reason of the fact that the person is or was a person described in that section. ''Expenses,'' as used in this bylaw, shall have the same meaning as in Section 5238(a) of the California Corporations Code.
Section 2. Approval of Indemnity. On written request to the Board
by any person seeking indemnification under Section 5238(b) or Se_ction 5238(c) of the California Corporations Code, the Board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or'section 5238(c) has been met and, if so, the Board shall authorize indemnification. Section 3. Advancement of. Expenses. To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under these Bylaws in defending any proceeding covered by those Sections shall be advanced by the corporation before final disposition of the proceeding, on receipt by the
corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the corporation for
those expenses.
Section 4. Insurance. The corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its Officers, Directors, employees, and other agents, against any liability asserted against o·r incurred by any Officer,
Director, employee, or agent in such capacity or arising out of the
Officer's, Director's employee's or agent's status as such.
ARTICLE X Contracts. Loans. Checks. Deposits, and Gifts Section 1. Contracts. The Board of Directors may authorize any officer or agent of the corporation, in addition to the Officers so
authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to
specific instances. Section 2. Loan_s. The Board of Directors shall not make any loan of money or property to or guarantee the obligation of any Director or officer, unless approved by the Attorney General. The above provisions do not apply to a loan of money to or for the benefit of
9
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83
an officer in circumstances where the loan is necessary, in the • judgment of the Board, to provide financing for the purchase of the principal residence of the officer in order to secure the services or continued services of the officer and the loan is secured by the real property purchased with the loan. Section 3. BQrrowing. No loan shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in it name unless authorized by a resolution of the Board of Directors. Section 4. Checks. Drafts. Etc. All checks, drafts, or other orders for payment of money, and all notes or other evidence of indebtedness issued in the name of the corporation shall be signed by such officer or officers, agent or agents of the corporation and in such manner as, from time to time, shall be determined by resolution of the Board of Directors.· Section 5. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 6. Gifts. The Board of Directors may at their discretion accept on behalf of the corporation any contribution; gift, bequest, or devise for the general purposes or for any specific. purpose of the corporation.
ARTICLE XI
Miscellaneous
Section 1. Fiscal Year. The fiscal year of the corporation shall begin on the first day of July and end on the last day of June in each year unless otherwise determined by resolution of the Board of Directors.
Section 2. Rules. The Board of Directors may adopt, amend, or repeal rules not inconsistent with these Bylaws for the management of the internal affairs of the corporation and the governance of its officers, agents, committees, and employees.
Section 3. Books and Records. The corporation shall keep correct and complete books and records of account and minutes of the proceedings of the Board of Directors and committees. Copies of the minutes of the Board of Directors and of the committees shall be regularly distributed to each member of the Board of Directors.
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Section 4. Coroorate Seal. The Board of Directors may provide a corporate seal, which shall be in the form of a circle and shall have inscribed thereon the name of the corporation, the date of its incorporation, and the word "California." Section 5. Waiver of Notice. Whenever any notices are required to be given under the provisions of the Nonprofit Corporation Act of t"he State of California, or under the provisions of the Articles of Incorporation of the corporation, or these Bylaws, a waiver thereof in-writing signed by the persons entitled to such notice, whether dated before or after the time stated. herein, to the extent permitted by law, shall be deemed equivalent to the giving of such notice.
ARTICLE XII
Amendment to Bylaws
Subject to the approval of the City Council of Newport Beach, these Bylaws may be amended at any regular meeting of the Board of Directors by a majority vote of the total voting membership of the Board of Directors, provided that the amendment has been submitted in writing at the previous regular meeting, or has .been submitted in writing to the Directors at least thirty (30) days before such regular meeting.
SECRETARY'S CERTIFICATE
THIS IS TO CERTIFY that the foregoing Bylaws of the NEWPORT BEACH ARTS FOUNDATION were duly adopted by the Board of Directors of said corporation at a meeting of said Board held on October 5, 1998.
IN WITNESS WHEREOF, the undersigned, Secretary has signed this Certificate hereon this 1998.
of said corporation, day of
• 11
Secretary
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85
Addendum to Study Session Agenda Item No. 3
January 25, 2000
COMMUNITY SERVICES DEPARTMENT
Arts ft Cultural - Library - Recreation - Seniors
To: Mayor and Members of City Council
From: LaDonna Kienitz, Community Services Director/City Librarian
Re: Authority of the Board of Library Trustees and City Arts Commission;
Information on Related Foundations
Comparison of Articles of Incorporation and Bylaws of the two Foundations.
Comparisons Newport Beach Public
Library Foundation
Newport Beach Arts
Foundation
Proposes, as stated in 'To engage in the "To further the purposes
Articles of Incorporation solicitation, receipt, and and objectives of the arts
administration of monies programs of the City of
and other property, and Newport Beach,
from time to time to California."
disburse such monies
and/or property and the
income therefrom, solely
to or for the benefit of the
City of Newport Beach
Public library, its
branches, and its related
activities and services."
Incorporation Date December 22, 1993;
Reincorporated January
13, 2000.
August 7,1998
Powers Given to City
Council of Newport Beach
None Approval of changes to the
Articles of Incorporation,
the Bylaws, and the disbursement of funds
upon dissolution.
Appointment Powers of None No authority to City
City Council to Board of Directors Directors nominated and elected by current Board
of Directors.
Council.
On initiation of Board, City
Arts Commissioners had authority to appoint three members to Board.
Ex-Officio (Non-Voting)
Board Member(s) City Librarian Chair of City Arts Commission and two
additional Commissioners
86
Authority of the Board of Library Trustees and City Arts Commission; Information on Related Foundations Page 2 Comparisons Newport Beach Public
Library Foundation
Newport Beach Arts
Foundation
Requirements to Hold
Public Meetings
.
None
Bylaws as revised
November 1, 1999, permit
Board to hold Executive
Sessions excluding non·
voting ex-officio member.
Meetings must be
conducted under California
Open Meeting Act of
Government Code, per the Bylaws, with 10-day notice
requirement.
Membership Organization No
Per Articles of
Incorporation, Article IV.
No
Per Articles of Incorporation, Article VI.
Support from City Foundation office in
Central Library,
telecommunications
provided without charge.
Use of City postage
machine and copy equipment reimbursed by Foundation at nominal fee.
Ongoing support from City library staff.
City Cultural Arts
Coordinator has provided approximately 20 hours of
support since incorporation
in 1998.
Current Assets $1,568,016, per June 30, 1999 statement.
$1,745 on January 10, 2000
Distribution of Assets upon
Dissolution
Distribution "... to the Orange County Community
Foundation to establish an endowment fund, the
income from which shall be
distributed annually to or for the benefit of the City
of Newport Beach Public Library" (per revised Articles of Incorporation,
January 13, 2000).
Distribution "... to one or more nonprofit
corporations organized and
operated for the benefit of the City of Newport Beach,
California, to be selected
by the Board of Directors and approved by the City
Council of said City."
Original Articles, December 23, 1993, provided for
funds to be dispersed "... to the City of Newport Beach.
87
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89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
Library Gift and Donor Policy
The Newport Beach Public Library Board encourages and welcomes gifts and bequests to
the Library. Gifts may be given to the Newport Beach Public Library, to the Newport Beach
Public Library Foundation and to the Friends of the Newport Beach Public Library.
It is the position of the Board of Library Trustees that gifts and bequests given to the Library
shall be used to supplement those funds appropriated for use by the Library, and shall not
in any way supplant such funds appropriated for Library salaries and maintenance and
operations of the Library.
Foundation Gifts
A.The NBPL Foundation is a 501(c) 3 organization. All donors who contribute $1,000 or
more to the Foundation shall be permanently recognized on a donor recognition system as
follows:
Donor Levels
1. $ 1,000 to $ 2,499
2. $ 2,500 to $ 4,999
3. $ 5,000 to$ 9,999
4. $10,000 to $24,999
5. $ 25,000 to $49,999
6. $ 50,000 to $99,999
7. $100,000 and above
B.A special section of the donor recognition system shall be rifled "Memorials" recognizing
gifts of $1,000 or more made in memory of an individual.
C.All service clubs, PTA'S, schools or other organizations who collectively donate $1,000
or more shall be recognized by the organizational name.
Dedication opportunities exist for those donors who make gifts to specific areas of the
Library. Gifts to fund specific collections or areas of the Library must be reviewed and
approved by the Board of Library Trustees and be compatible with the Collection
Development Policy of the Library. Items purchased for a specific subject will not be kept
separately, but will be integrated into the collection.
Recognition of pledges shall be based upon the total amount pledged. Gifts of $5,000 or
greater shall have five (5) years to complete the pledge, and recognition shall be
implemented after the pledge has been fulfilled. Appropriate recognition items will be given
to donors at the discretion of the Newport Beach Public Library Foundation Board. The cost
of such items may not exceed one to two percent (1 - 2%) of the total amount of the gift.
Any exception to this policy will require the express approval of the Newport Beach Library Board of Trustees. (
106
Friends Gifts
The Friends of the Newport Beach Public Library is a 501(c) 3 organization.
• The Friends accept donations of used books to be sold in the Friends Book Store.
The disposition of donated books is determined by the Bookstore Manager.
• Other gifts offered to the Friends will be reviewed and considered for acceptance by
the Friends Board.
• Recognition of donations shall be recommended by the Friends Board and
considered for approval by the Board of Library Trustees.
Library Gifts
Gifts offered directly to the Library will be reviewed and considered for acceptance by the
Board of Library Trustees. Gifts to the Library are also tax deductible. Recognition of
donations by plaques, signage or other permanent display shall be approved by the Board
of Library Trustees.
Dedication opportunities exist for those donors who make gifts to specific areas of the
Library. Gifts to fund specific collections or areas of the Library must be reviewed and
approved by the Board of Library Trustees and be compatible with the Collection
Development Policy of the Library. Items purchased for a specific subject will not be kept
separately, but will be integrated into the collection.
All donations of gifts and property to the Newport Beach Public Library not covered by
the Collection Development Policy must be approved by the Board of Library
Trustees. The Board reserves the right to decide the time and place for display and use
of any gift. The ultimate disposition of the gift lies within the sole province of the Board
of Library Trustees.
Adopted· March 11,1991
Amended • October 28,1991
Amended· February 10, 1992
Amended • January 24,1994
Amended· March 9, 1998
Reassigned • April 8, 2003 Amended· October 18. 2005
I
Amended. October 10, 2006
Formerly 0-8
Formerly 1-17
107
Library Gift and Donor Policy
The Newport Beach Public Library Board encourages and welcomes gifts and bequests to
the Library. Gifts may be given to the Newport Beach Public Library, to the Newport Beach
Public Library Foundation and to the Friends of the Newport Beach Public Library.
It is the position of the Board of Library Trustees that gifts and bequests given to the Library
shall be used to supplement those funds appropriated for use by the Library, and shall not
in any way supplant such funds appropriated for Library salaries and maintenance and
operations of the Library.
Foundation Gifts
A.The NBPL Foundation is a 501(c) 3 organization. All donors who contribute $1,000 or
more to the Foundation shall be permanently recognized on a donor recognition system as
follows:
Donor Levels
1. $ 1,000 to $ 2,499
2. $ 2,500 to $ 4,999
3. $ 5,000 to$ 9,999
4. $10,000 to $24,999
5. $ 25,000 to $49,999
6. $ 50,000 to $99,999
7. $100,000 and above
B.A special section of the donor recognition system shall be rifled "Memorials" recognizing
gifts of $1,000 or more made in memory of an individual.
C.All service clubs, PTA'S, schools or other organizations who collectively donate $1,000
or more shall be recognized by the organizational name.
Dedication opportunities exist for those donors who make gifts to specific areas of the
Library. Gifts to fund specific collections or areas of the Library must be reviewed and
approved by the Board of Library Trustees and be compatible with the Collection
Development Policy of the Library. Items purchased for a specific subject will not be kept
separately, but will be integrated into the collection.
Recognition of pledges shall be based upon the total amount pledged. Gifts of $5,000 or
greater shall have five (5) years to complete the pledge, and recognition shall be
implemented after the pledge has been fulfilled. Appropriate recognition items will be given
to donors at the discretion of the Newport Beach Public Library Foundation Board. The cost
of such items may not exceed one to two percent (1 - 2%) of the total amount of the gift.
Any exception to this policy will require the express approval of the Newport Beach Library Board of Trustees. (
108
Friends Gifts
The Friends of the Newport Beach Public Library is a 501(c) 3 organization.
• The Friends accept donations of used books to be sold in the Friends Book Store.
The disposition of donated books is determined by the Bookstore Manager.
• Other gifts offered to the Friends will be reviewed and considered for acceptance by
the Friends Board.
• Recognition of donations shall be recommended by the Friends Board and
considered for approval by the Board of Library Trustees.
Library Gifts
Gifts offered directly to the Library will be reviewed and considered for acceptance by the
Board of Library Trustees. Gifts to the Library are also tax deductible. Recognition of
donations by plaques, signage or other permanent display shall be approved by the Board
of Library Trustees.
Dedication opportunities exist for those donors who make gifts to specific areas of the
Library. Gifts to fund specific collections or areas of the Library must be reviewed and
approved by the Board of Library Trustees and be compatible with the Collection
Development Policy of the Library. Items purchased for a specific subject will not be kept
separately, but will be integrated into the collection.
All donations of gifts and property to the Newport Beach Public Library not covered by
the Collection Development Policy must be approved by the Board of Library
Trustees. The Board reserves the right to decide the time and place for display and use
of any gift. The ultimate disposition of the gift lies within the sole province of the Board
of Library Trustees.
Adopted· March 11,1991
Amended • October 28,1991
Amended· February 10, 1992
Amended • January 24,1994
Amended· March 9, 1998
Reassigned • April 8, 2003 Amended· October 18. 2005
I
Amended. October 10, 2006
Formerly 0-8
Formerly 1-17
109
_________________________________________________________________________________
RECOMMENDATION:
Staff requests that the Board review, make suggested revisions, and approve the Newport Beach Public
Library Collection Development Policy.
DISCUSSION:
The purpose of the Collection Development Policy is to provide guidelines for the selection of a variety
of print and non-print materials to meet the informational, educational and recreational needs of the
community. The selection of materials is inclusive rather than exclusive, in which staff, guided by Board
policy, develops collections to support the needs of an informed public, reinforcing the Library’s mission,
“to be the cultural, educational and informational heart of Newport Beach.” In selecting materials,
library staff use professional judgement, knowledge of literature and resources, training, and experience
to select materials representing differing points of view in a variety of formats, thus creating a balanced
collection.
Staff recommends that the Board eliminate references to the “Request for Book Purchase Form” and
replace it with the “Suggest a Title” form located on the Library’s website. In the past, the Library
provided a hard copy form to customers requesting acquisition of a specific item. The form is no longer
available in a hard copy. It has moved online and the title changed to allow for different material
formats.
Staff also recommends revising the language regarding universal borrowing to include the California
Library Services Act language to state that Newport Beach residents are entitled to borrow materials
from other California public libraries:
“Many items which are not in the collection are available to library customers, through
established interlibrary loan practices. Concurrently, the Library participates in universal
borrowing, established by the California Library Services Act, Article 4, Section 18731, which
states, “A public library participating in universal borrowing shall not exclude the residents of
any jurisdiction maintaining a public library.” This allows Newport Beach Public Library
customers direct access to materials housed in other participating public libraries in Orange
County and throughout the State of California.”
TO: BOARD OF LIBRARY TRUSTEES
FROM: Library Services Department
Tim Hetherton, Library Services Director
949-717-3810, thetherton@newportbeachca.gov
PREPARED BY: Melissa Hartson, Circulation and Technical Processing Coordinator
TITLE: Collection Development Policy
110
Lastly, based on Board recommendation, staff removed the Library Bill of Rights as an attachment to the
policy, keeping it as a reference and adding an additional reference to The Freedom to Read Statement
within the document:
“In support of the above principles, the Library endorses the Library Bill of Rights and The
Freedom to Read Statement as adopted by the American Library Association Council.”
The inclusion of both references support the principles set forth in the Collection Development Policy.
They coincide with the Library’s intent to provide access to a collection of diverse views without
censorship and allowing customers the liberty to choose materials for themselves.
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the Board of Library Trustees considers the item).
ATTACHMENTS:
A. Library Collection Development Policy
B. Library Collection Development Policy – red-lined version
C. Library Collection Development Policy – revised version
111
E 5
A
NEWPORT BEACH PUBLIC LIBRARY
COLLECTION DEVELOPMENT POLICY
It is the intent of the Board of Library Trustees that the Newport Beach Public
Library provide a variety of print and nonprint materials to meet the
informational, educational and recreational needs of the entire community.
The Library seeks to provide breadth and depth within the collection, various
points of view, and differing formats. The Library endeavors to balance
materials of permanent value with those of current interest. Materials are
selected based on their content as a whole, not on selected excerpts. Race,
nationality, or political, social, moral, or religious views of an author will not
affect the selection of materials.
Selection is based on merit of the work; value of the work within the
collection; and the needs and interests of the community. Consideration is
given to specific types of material; to materials for specific age groups; to
materials for special interests of clientele; and to differing formats of
materials. These selection criteria will apply equally to materials purchased
and to those accepted as gifts.
The selection of materials is made by Library staff. Customers making requests
that items be added to the permanent collection will be referred to the
"Request for Book Purchase Form." Suggestions from Library customers are
encouraged and receive serious consideration.
Many items which are not in the collection are available to library customers,
through established interlibrary loan practices. Concurrently, the Library's
participation in universal borrowing, established by the California Library
Services Act, Article 4, Section 18731, provides Newport Beach Public Library
customers direct access to materials housed in other participating public
libraries in Orange County and throughout the State of California.
The Library believes that the use of Library materials is an individual and
private matter. All customers are free to select or reject materials for
themselves; they may not restrict the freedom of others to read or inquire.
Parents have the primary responsibility to guide and direct the use of Library
materials by their own minor children.
In support of the above principles, the Library incorporates the Library Bill of
Rights as adopted by the American Library Association Council on January 23,
1980, as Attachment I to the Collection Development Policy.
112
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III-C
Library customers with concerns about a specific title in the collection shall be
provided with a copy of the Library's "Collection Development Policy" and asked
to complete the "Customer’s Request for Evaluation" form.
Library staff shall evaluate the material, based on the "Collection Development
Policy" established by the Board of Library Trustees. A recommendation shall
be forwarded to the Library Services Director who shall respond in writing to
the customer. Any unresolved concerns shall be referred to the Board of
Library Trustees for final decision.
Library customers requesting specific titles be added to the collection will be
provided with a "Request for Book Purchase" form. Library staff shall evaluate
the request based on the "Collection Development Policy" established by the
Board of Library Trustees. Customer’s "Request for Evaluation of Library
Resources" form is attached as Attachment II.
[Attachment I – Library Bill of Rights]
[Attachment II – Collection Development Policy]
Adopted - October 22, 1990
Amended - October 28, 1991
Amended - January 24, 1994
Reassigned - April 8, 2003
Corrected (Att. II) – October 10, 2006
Revisions Approved – November 16, 2010
Amendments Approved by City Council – September 27, 2011
Formerly I-16
113
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ATTACHMENT I
LIBRARY BILL OF RIGHTS
The American Library Association affirms that all libraries are forums for
information and ideas, and that the following basic policies should guide their
services.
A. Books and other library resources should be provided for the interest,
information, and enlightenment of all people of the community the
library serves. Materials should not be excluded because of the origin,
background, or views of those contributing to their creation.
B. Libraries should provide materials and information presenting all points
of view on current and historical issues. Materials should not be
proscribed or removed because of partisan or doctrinal disapproval.
C. Libraries should challenge censorship in the fulfillment of their
responsibility to provide information and enlightenment.
D. Libraries should cooperate with all persons and groups concerned with
resisting abridgement of free expression and free access to ideas.
E. A person's right to use a library should not be denied or abridged
because of origin, age, background, or views.
F. Libraries which make exhibit spaces and meeting rooms available to the
public they serve should make such facilities available on an equitable
basis, regardless of the beliefs or affiliations of individuals or groups
requesting their use.
Adopted June 19, 1939.
Amended October 14, 1944; June 18, 1948; February 2, 1961; June 27,1967; and January 23, 1980;
inclusion of “age” reaffirmed January 23, 1996, by the ALA Council.
114
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ATTACHMENT II
NEWPORT BEACH PUBLIC LIBRARY – COLLECTION DEVELOPMENT POLICY
CUSTOMER’S REQUEST FOR EVALUATION OF LIBRARY RESOURCES
We appreciate your interest in the materials which have been selected for
inclusion in the collection of the Newport Beach Public Library. If you have a
concern about a specific item, we would appreciate your assistance in
addressing the matter. Please fill out this form and return it to the Site
Manager. The staff will evaluate the material and forward a recommendation
to the Library Services Director.
Name Date
Address
City State Zip Phone
Resources on which you were commenting:
Book Audiovisual Resource
Magazine Content of Library Program
Newspaper Other
1. Title
2. Author/Producer
3. What brought this title to your attention?
4. Have you seen or heard reviews of this material?
5. Please comment on the resource as a whole.
6. Please note your specific objections.
115
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7. What resource(s) would you suggest to provide additional
information on this topic?
Please use the back of this form if additional space is needed. Thank
you for taking the additional time to complete this form. Your Request
for Evaluation will be given careful consideration and a response
provided.
Newport Beach Public Library
Newport Beach, California
Corrected - October 10, 2006
Revisions made – November 16, 2010
116
B
NEWPORT BEACH PUBLIC LIBRARY
COLLECTION DEVELOPMENT POLICY
It is the intent of the Board of Library Trustees that the Newport Beach Public
Library provide a variety of print and non-print materials to meet the
informational, educational and recreational needs of the entire community.
The Library seeks to provide breadth and depth within the collection, various
points of view, and differing formats. The Library endeavors to balance
materials of permanent value with those of current interest. Materials are
selected based on their content as a whole, not on selected excerpts. Race,
nationality, or political, social, moral, or religious views of an author will not
affect the selection of materials.
Selection is based on merit of the work; value of the work within the
collection; and the needs and interests of the community. Consideration is
given to specific types of material; to materials for specific age groups; to
materials for special interests of clientele customers; and to differing formats
of materials. These selection criteria will apply equally to materials purchased
and to those accepted as gifts.
The selection of materials is made by Library library staff. Customers making
requests that items be added to the permanent collection will be referred to
the "Request for Book Purchase Form." “Suggest a Title” form located on the
Library’s website. Suggestions from Library library customers are encouraged
and receive serious consideration.
Many items which are not in the collection are available to library customers,
through established interlibrary loan practices. Concurrently, the Library's
participation participates in universal borrowing, established by the California
Library Services Act, Article 4, Section 18731, which states, “A public library
participating in universal borrowing shall not exclude the residents of any
jurisdiction maintaining a public library.” provides This allows Newport Beach
Public Library customers direct access to materials housed in other
participating public libraries in Orange County and throughout the State of
California.
The Library believes that the use of Library library materials is an individual
and private matter. All customers are free to select or reject materials for
themselves; they may not restrict the freedom of others to read or inquire.
Parents have the primary responsibility to guide and direct the use of Library
library materials by their own minor children.
117
In support of the above principles, the Library incorporates endorses the
Library Bill of Rights as adopted by the American Library Association Council
on January 23, 1980, as Attachment I to the Collection Development Policyand
The Freedom to Read Statement as adopted by the American Library
Association Council..
I-3
III-C
Library customers with concerns about a specific title in the collection shall be
provided with a copy of the Library's "Collection Development Policy" and
asked to complete the "Customer’s Request for Evaluation of Library Resources"
form, Attachment I of the Collection Development Policy.
Library staff shall evaluate the material, based on the "Collection Development
Policy" established by the Board of Library Trustees. A recommendation shall
be forwarded to the Library Services Director who shall respond in writing to
the customer. Any unresolved concerns shall be referred to the Board of
Library Trustees for final decision.
Library customers requesting specific titles be added to the collection will be
provided with a "Request for Book Purchase" form. Library staff shall evaluate
the request based on the "Collection Development Policy" established by the
Board of Library Trustees. Customer’s "Request for Evaluation of Library
Resources" form is attached as Attachment II.
[Attachment I – Library Bill of Rights]
[Attachment II – Collection Development PolicyCustomer’s Request for
Evaluation of Library Resources]
Adopted - October 22, 1990
Amended - October 28, 1991
Amended - January 24, 1994
Reassigned - April 8, 2003
Corrected (Att. II) – October 10, 2006
Revisions Approved – November 16, 2010
Amendments Approved by City Council – September 27, 2011
Formerly I-16
118
III-C
ATTACHMENT I
LIBRARY BILL OF RIGHTS
The American Library Association affirms that all libraries are forums for
information and ideas, and that the following basic policies should guide their
services.
A. Books and other library resources should be provided for the interest,
information, and enlightenment of all people of the community the
library serves. Materials should not be excluded because of the origin,
background, or views of those contributing to their creation.
B. Libraries should provide materials and information presenting all points
of view on current and historical issues. Materials should not be
proscribed or removed because of partisan or doctrinal disapproval.
C. Libraries should challenge censorship in the fulfillment of their
responsibility to provide information and enlightenment.
D. Libraries should cooperate with all persons and groups concerned with
resisting abridgement of free expression and free access to ideas.
E. A person's right to use a library should not be denied or abridged
because of origin, age, background, or views.
F. Libraries which make exhibit spaces and meeting rooms available to the
public they serve should make such facilities available on an equitable
basis, regardless of the beliefs or affiliations of individuals or groups
requesting their use.
Adopted June 19, 1939.
Amended October 14, 1944; June 18, 1948; February 2, 1961;
June 27,1967; and January 23, 1980;
inclusion of “age” reaffirmed January 23, 1996, by the ALA Council.
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ATTACHMENT II
newport Beach public library – collection development policy
CUSTOMER’S REQUEST FOR EVALUATION OF LIBRARY RESOURCES
We appreciate your interest in the materials which have been selected for
inclusion in the collection of the Newport Beach Public Library. If you have a
concern about a specific item, we would appreciate your assistance in
addressing the matter. Please fill out this form and return it to the Site
Manager. The staff will evaluate the material and forward a recommendation
to the Library Services Director.
Name Date
Address
City State Zip Phone
Resources on which you were commenting:
Book Audiovisual Resource
Magazine Content of Library Program
Newspaper Other
1. Title
2. Author/Producer
3. What brought this title to your attention?
4. Have you seen or heard reviews of this material?
5. Please comment on the resource as a whole.
6. Please note your specific objections.
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7. What resource(s) would you suggest to provide additional
information on this topic?
Please use the back of this form if additional space is needed. Thank
you for taking the additional time to complete this form. Your Request
request for Evaluation evaluation will be given careful consideration and
a response provided.
Newport Beach Public Library
Newport Beach, California
Corrected - October 10, 2006
Revisions made – November 16, 2010
121
C
NEWPORT BEACH PUBLIC LIBRARY
COLLECTION DEVELOPMENT POLICY
It is the intent of the Board of Library Trustees that the Newport Beach Public
Library provide a variety of print and non-print materials to meet the
informational, educational and recreational needs of the entire community.
The Library seeks to provide breadth and depth within the collection, various
points of view, and differing formats. The Library endeavors to balance
materials of permanent value with those of current interest. Materials are
selected based on their content as a whole, not on selected excerpts. Race,
nationality, or political, social, moral, or religious views of an author will not
affect the selection of materials.
Selection is based on merit of the work; value of the work within the
collection; and the needs and interests of the community. Consideration is
given to specific types of material; to materials for specific age groups; to
materials for special interests of customers; and to differing formats of
materials. These selection criteria will apply equally to materials purchased
and to those accepted as gifts.
The selection of materials is made by library staff. Customers making requests
that items be added to the permanent collection will be referred to the
“Suggest a Title” form located on the Library’s website. Suggestions from
library customers are encouraged and receive serious consideration.
Many items which are not in the collection are available to library customers,
through established interlibrary loan practices. Concurrently, the Library
participates in universal borrowing, established by the California Library
Services Act, Article 4, Section 18731, which states, “A public library
participating in universal borrowing shall not exclude the residents of any
jurisdiction maintaining a public library.” This allows Newport Beach Public
Library customers direct access to materials housed in other participating
public libraries in Orange County and throughout the State of California.
The Library believes that the use of library materials is an individual and
private matter. All customers are free to select or reject materials for
themselves; they may not restrict the freedom of others to read or inquire.
Parents have the primary responsibility to guide and direct the use of library
materials by their own minor children.
In support of the above principles, the Library endorses the Library Bill of
Rights and The Freedom to Read Statement as adopted by the American
Library Association Council.
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Library customers with concerns about a specific title in the collection shall be
provided with a copy of the Library's "Collection Development Policy" and asked
to complete the "Customer’s Request for Evaluation of Library Resources" form,
Attachment I of the Collection Development Policy.
Library staff shall evaluate the material, based on the "Collection Development
Policy" established by the Board of Library Trustees. A recommendation shall
be forwarded to the Library Services Director who shall respond in writing to
the customer. Any unresolved concerns shall be referred to the Board of
Library Trustees for final decision.
[Attachment I – Customer’s Request for Evaluation of Library Resources]
Adopted - October 22, 1990
Amended - October 28, 1991
Amended - January 24, 1994
Reassigned - April 8, 2003
Corrected (Att. II) – October 10, 2006
Revisions Approved – November 16, 2010
Amendments Approved by City Council – September 27, 2011
Formerly I-16
123
ATTACHMENT I
CUSTOMER’S REQUEST FOR EVALUATION OF LIBRARY RESOURCES
We appreciate your interest in the materials which have been selected for
inclusion in the collection of the Newport Beach Public Library. If you have a
concern about a specific item, we would appreciate your assistance in
addressing the matter. Please fill out this form and return it to the Site
Manager. The staff will evaluate the material and forward a recommendation
to the Library Services Director.
Name Date
Address
City State Zip Phone
Resources on which you were commenting:
Book Audiovisual Resource
Magazine Content of Library Program
Newspaper Other
1. Title
2. Author/Producer
3. What brought this title to your attention?
4. Have you seen or heard reviews of this material?
5. Please comment on the resource as a whole.
6. Please note your specific objections.
III-C
124
7. What resource(s) would you suggest to provide additional
information on this topic?
Please use the back of this form if additional space is needed. Thank
you for taking the additional time to complete this form. Your request
for evaluation will be given careful consideration and a response
provided.
Newport Beach Public Library
Newport Beach, California
Corrected - October 10, 2006
Revisions made – November 16, 2010
125