St. Marys Public Library Board
&
The Town of St. Marys
Relationship Policy
1. Preamble
The purpose of this policy is to provide a clear understanding of the roles the Town of St. Marys (known herein as the Town) and the St. Marys Public Library Board (known herein as the Board) so as to ensure a smooth, cooperative relationship in the operation of the library.
To this end, the legal relationship will be outlined, the broader role of the Town acknowledged and the procedures for areas of responsibility set out.
2. Legal Relationship
Under the Public Libraries Act (1990) (known herein as the Libraries Act), prior to the municipal election, the Town advertises for applicants for the Board for the up-coming four year term. In January, after the election, the Town Council reviews the applications and appoints five St. Marys and one Perth South residents and three Council members to the Board. The nine member Board then operates under the Libraries Act which states that the board “is a corporation”. The Libraries Act sets out detailed operational and performance standards for the Board and library.
By appointing the Board under the Libraries Act, the Town acknowledges that it transfers trust of governance of the library to the Board in library matters covered by the Libraries Act.
3. Acknowledged Broader Role of the Town
Although governance is in the domain of the Board, it is important to acknowledge the broader investment the Town has in the library and thus the Town’s need to maintain a formal influence in it’s operation. In addition to providing the majority of the library’s budget, the Town also funds many essential ancillary services.
4. Procedures for Areas of Responsibility and Decision Making
The intention of the following delineation is to enable a consistent approach to the operation of the library by ensuring that procedures are followed with clarity and minimal overlap of resources.
a. Library Staff
The question of the library staff being Town employees or employees of the Board has been raised in several circumstances. While section 15 of the Libraries Act defines some of the Board’s authority, other aspects are undefined. Clearly, library staff benefit from the direction of their CEO (whose authority flows from the Board) and the support of the Town. For staff, as part of the public services provided to the community, it is in their and the library’s interest to be acknowledged as Town employees to enjoy the Town’s employment benefits and also, in part, to strengthen inter-departmental relationships.
To resolve this issue:
The Board acknowledges that the library staff are Town employees with the responsibility for specific issues being assigned as follows:
i. Supervision
The Library CEO reports directly to the Board who provides the policies for the CEO’S activities as manager of the library. Library staff report directly to the library CEO who is their sole supervisor.
ii. Working Conditions
Staff who have working conditions issues (salary, benefits, holidays, pension, etc.) will address their concerns to the CEO who may be able to answer them. If not, the CEO will either consult with the Town department that would have the answers or refer the staff directly to that department. When a staff consults a Town department directly, that department will convey the outcome (if non-confidential) to the CEO for future reference.
iii. Staff Complaint Handling
If library staff have complaints with other staff or the CEO, they should first attempt to address the issue with the other person.
Failing a resolution, the staff can take the issue to the CEO. Resolution at that level could either involve mediation and/or a management decision.
Failing resolution at that level, the staff or CEO (if the issue is identified by the CEO) can request assistance of the Board Personnel Committee. That request will be submitted to the committee chair in writing - no details of the issue will be put in writing. The Committee will interview the parties and attempt to mediate the issue. A representative from the Town’s HR department could be invited to the process at the Committee’s request.
Failing resolution, the Committee will refer the issue to the Board if the complainant so requests. The request by the complainant will be in writing with all the details of the issue spelled out in specific detail. If the Board deems that the issue warrants action, the Board will have the authority to strike an investigation panel of two Board members, a representative from the Town’s HR department or appointee, and outside expert if needed. The panel will investigate the complaint by speaking with all the parties and reviewing relevant documents. The panel will then make recommendations on the issues to the Board. The Board will make a final decision on the complaint which could include corrective and/or disciplinary action as defined in the Town’s Employee Handbook.
iv. Career Development
If staff have ambitions about career development or further training, they will consult with the CEO. If the plan falls outside the library budget, the CEO will consult with the appropriate Town department about support for the plan.
v. Employee Policies Internal to the Library
Policies related just to library staff are prepared by the CEO for Board approval.
vi. Town Employee Policies
The Town has employee polices (e.g. salary guidelines, handbook, bullying policy, etc.) that apply to library staff. The Board will review new draft policies to ensure that they conform to the Libraries Act and the St. Marys Public Library Board & The Town of St. Marys Relationship Policy.
b. Budget
i. The CEO prepares the annual budget and presents it to the Board Finance committee for recommendations. The CEO presents the revised budget to the Board for approval. The approved budget is submitted to the Town Council for adjustments and ratification. The Board approves the final budget.
ii. The CEO is responsible for ensuring that the spending is within the budget. Any unanticipated significant expenses must be approved first by the Board and then by the Town Council.
c. Library Operating Policies
Library policies are set by the Board and implemented by the CEO. If the Town has any concerns about such policies, they can be addressed through the Council representatives on the Board or in a meeting with the Town CAO and Board representatives.
d. Information Technology
i. For most of the IT needs of the library, the Town will provide this service through its IT department within the library budget limits. The exception would be for projects covered under special grants which may be outsourced. However, for any such project that may impact on the Town’s IT equipment, the CEO will consult with the IT department for approval.
ii. The CEO and Town IT department will determine how the allocation of general IT services will best meet the library’s needs.
e. Building Issues
i. Any safety or structural issues with the library building will be immediately reported to the Town’s building manager by the CEO or Board building committee.
ii. Before the Town building department makes any significant physical changes to the library building (other than emergencies), they will clear the operation with the CEO.
f. Dual Role of Councillor Board Members
While there may be different opinions among any Board members on an issue, once the issue has passed, the obligation on the whole Board is to support the decision. However, there may occasionally arise an issue in a Board meeting that creates a dilemma for the councillor members in that the proposed resolution may be perceived as benefiting the library but not the Town. Under these conditions, any councillor Board member could consider the following suggested options:
i. Vote for the Board issue,
ii. Vote against the Board issue but if publically called on, declare the Board’s decision,
iii. If the issue becomes a motion (that is contrary to the Board’s decision) at a Town Council meeting, declare a conflict of interest and let the un-conflicted councillors deal with the issue.
iv. If the issue is of substantial significance in the view of the councillor, the councillor could decide if and how to vote on a related Council resolution.
g. Planning for Board Succession
As indicated under Section 2, the Town advertises for applicants to the new Library Board near the end of the municipal term. To assist in the recruitment process, the Board will actively recruit applicants in the last year of their term. To assist in the recommendation process leading to the Council’s decision, a committee will be struck involving the CAO, CEO and one Board member to review all the applications and make recommendations to the CAO as to the ones to put before the Council. This process will thus ensure that the range of skills and experiences of the new Board members will reflect the needs of the library and the Town.