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Home My WebLink AboutOrdinance 23799-09-2019 ORDINANCE NO. 23799-09-2019 AN ORDINANCE AMENDING CHAPTER 19, "LIBRARIES," ARTICLE II, "DEPARTMENT OF PUBLIC LIBRARIES," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, BY REVISING SECTION 19-17, "DUTIES OF LIBRARIAN," TO CLARIFY THE PROCESS FOR IMPLEMENTING AND ADMINISTERING POLICIES FOR THE DEPARTMENT OF PUBLIC LIBRARIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fort Worth City Code currently implies that all policies for the operation of the Department of Public Libraries are established by the City Council; and WHEREAS, the City, for the efficient provision of services to its citizens, allows department heads, under the authority of the City Manager, to implement policies and procedures for the day-to-day operations of their respective departments; and WHEREAS, the City now wishes to amend the City Code to clarify that the department head for the Department of Public Libraries, the librarian, has that same ability; and WHEREAS, the City Council will continue to adopt policies that have broader implications beyond the day-to-day operations of the department, such as master plans and vision statements; and WHEREAS, the City believes that this division in policy-making would offer the most efficient and best method to allow the Department of Public Libraries to quickly adapt to changes in demand and technology and be responsive to City and patron feedback; and WHEREAS, staff recommends that the current City Code provision addressing policy-making for the Department of Public Libraries be amended to reflect this division of authority. Ordinance No.23799-09-2019 Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 19 "Libraries," Article 11 "Department of Public Libraries," Section 19-17 "Duties of Librarian," of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended to revise the final sentence of the provision in order to make clear that the librarian has authority to make policies for the day-to-day operations of the Department of Public Libraries. As amended, Section 19-17 shall read as follows: § 19-17 DUTIES OF LIBRARIAN. The librarian shall have charge of the central library and all branch libraries and shall be responsible for the care, classification and arrangement of all library materials, and keep same catalogued and indexed consistent with approved library techniques and practices. The librarian shall promptly report any delinquencies, keep exact account of all moneys from all fines and other amounts collected by the department, process all moneys received in accordance with established city policies, and perform and discharge such other duties as may be prescribed by the city manager. The librarian shall be responsible to the city manager for the creation, administration, and implementation of policies, practices, rules, and procedures for the operation of the department of public libraries, which shall be consistent with the purposes and goals of the then-current City-Council- approved vision statement, master plan, or similar document for the department of public libraries, if any. Ordinance No.23799-09-2019 Page 2 of 4 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Ordinance No.23799-09-2019 Page 3 of 4 SECTION 5. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS FORM AND LEGALITY: ATTEST: Mary Kays ity 469etary Assistant City Attorney ADOPTED: September 10, 2019 EFFECTIVE: FORT ON •�XAS Ordinance No.23799-09-2019 Page 4 of 4 City of Fort Worth,Texas Mayor and Council Communication DATE: 09/10/19 M&C FILE NUMBER: M&C 19-0113 LOG NAME: 84AMENDCITYCODECHAPTER19LIBRARIES SUBJECT Adopt Attached Ordinance Amending Chapter 19"Libraries,"Article II"Department of Public Libraries,"Section 19-17"Duties of Librarian,"of the Code of the City of Fort Worth,Texas(2015),as Amended,to Clarify the Process for Implementing and Administering Policies for the Department of Public Libraries(All COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 19"Libraries,"Article II"Department of Public Libraries," Section 19-17"Duties of Librarian,"of the Code of the City of Fort Worth,Texas(2015),as amended,to clarify the process for implementing and administering policies for the Department of Public Libraries. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to update the process for the administration and implementation of rules of behavior,circulation policies and other day-to-day operational policies for the City's libraries. Chapter 19"Libraries,"Article II"Department of Public Libraries,"Section 19-17"Duties of Librarian,"of the Code of the City of Fort Worth, Texas (2015), as amended, (City Code) includes a sentence stating that the librarian shall be responsible for the administration and implementation of policies that are established by the City Council for the operation of the City's libraries. This portion of the City Code has not been substantively updated since its adoption in 1975.Staff recommends amending the City Code to align the text with the City's practice of allowing department heads,such as the librarian,to create operating policies for their respective departments. Policy decisions that have broader implications beyond day-to-day operations-such as master plans/vision statements and facilities planning determinations-would continue to be brought before the City Council. This change will allow the Library to efficiently make necessary changes in order to ensure that patrons are able to enjoy the City's library locations,maximize the Library's ability to adapt quickly to changes in demand and technology,and to respond to patron and employee feedback. A Form 1295 is not required for this contract because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on city funds. Submitted for City Manager's Office by: Jay Chapa 5804 Originating Business Unit Head: Manya Shorr 7706 Additional Information Contact: Manya Shorr 7706