By-laws

Often times, our meeting agenda changes so we would like to add a disclosure at the bottom that reads “Agenda is subject to change.”

Is this something that is allowed, and would it need to be included in our bylaws?

With the changes to the open meetings law and more attention on library leadership generally, now is a good time to think about the nuances of public library meeting agendas.

Since agendas have to be posted in advance, it is true that sometimes a board may have to make an 11th-hour change.

The New York Archives Conference recently posted a formal Code of Conduct (https://www.nyarchivists.org/nyac/code). While discussing our procedures for implementing this code, we began to wonder about the legal implications for enforcement.

Before I dive into this meaty and spectacular[1] question, here is a necessary disclaimer: this answer does not apply to chartered libraries.

Who does it apply to?  The following:

Our by-laws name certain committees as committees of the corporation --- "No such committee shall have the authority to bind the board. Members of such committees of the corporation, who may be non-trustees, unless otherwise designated, shall be appointed by the President."

This reply will answer the questions up-front, and then tackle the concern about the full board not seeing a matter since it was voted on in committee in the "background and commentary" section.

The questions:

1.  Can the non-trustee members of a committee vote if one is called for in the committee?

Is it legal for a library board to approve expenditures (without a referendum) for a capital project from its operating funds (or operating fund balance) to bridge a shortfall in bond monies earmarked for the construction of a new building?

Before I address this question, let's parse the meaning of "legal."

There's "legal" as in: Is this specifically against the law?

There's "legal" as in: Is this not only not specifically against the law, but generally allowed?

And there's "legal" as in: Is this a cool thing to do?