ARTICLE I.
The name of this organization is the Seaford District Library Commission. The
Commission shall be composed of five (5) members appointed by the Resident Judge of
the Superior Court of Sussex County. The Commission is responsible for the management
of the library in accordance with the provisions of the Delaware Code.
ARTICLE II.
The purpose and policies of this Commission are those outlined in the Delaware Code, in
Title 9, Chapter 8; Title 29, Section 8611, Title 14, Chapter 71; and the Sussex County
ordinances, and any applicable rules and regulations of the State Division of Libraries,
the Library Services and Construction Act of 1966 as amended and any further Federal or
State laws which govern the maintenance or funding of public libraries in Delaware. The
policies of the Commission shall be those which are adopted by the Commission in accord
with the current needs of the community which it serves.
The Seaford District Library Commission is organized for scientific, literary, and
educational purposes within the meaning of Section 501(c) (3) of the Internal Revenue
Code, as amended.
ARTICLE III.
No Part of the net earnings of the organization shall inure to the benefit of, or be
distributed to its members, trustees, officers or other private persons, except that the
organization shall be authorized and empowered to pay reasonable compensation for
services rendered and to make payments and distributions in furtherance of the purposes
set forth in this paragraph. No substantial part of the activities of the organization shall
be the carrying on of propaganda, or otherwise attempting to influence legislation, and
the organization shall not participate in, or intervene in any political campaign on behalf
of any candidate for public office. Notwithstanding any other provision of these articles,
the organization shall not carry on any other activities not permitted to be carried on (a)
by an organization exempt from Federal income tax under section 501 (c) (3) of the
Internal Revenue Code, as amended or (b) by an organization, contributions to which are
deductible under section 170 (c) (2) of the Internal Revenue Code, as amended.
ARTICLE IV.
Upon dissolution of the Library, the Commission, shall, after paying or making provision
for the payment of all the liabilities of the organization, dispose of all of the assets of the
organization for scientific, literary, or educational purposes as shall at the time qualify as
an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue
Code, as amended, as the Commission shall determine. Any such assets not so disposed
of shall be disposed of by the Court of Chancery of the State of Delaware exclusively for
such purposes or to such organization or organizations, as said Court shall determine,
which are organized and operated exclusively for such purposes.
ARTICLE V.
The Commission shall meet at least bi-monthly and as often as necessary to transact its
business. Special meetings may be called by the President or by request of three (3)
members of the Commission, provided at least three (3) days’ notice has been given. In
an emergency, a special meeting may be called on 24 hours’ notice by majority consent of
the members of the Commission. Three (3) members shall constitute a quorum for the
transaction of business. If a member misses one third of the total number of board
meetings in a twelve-month period they will have effectively resigned from the board.
ARTICLE VI.
The officers of this Commission shall be as follows: President, Vice-President, Treasurer
and Secretary. Elections shall be annually in September. Under Chapter 71, Section 7102
Board members are appointed to serve five-year terms. Members of the Seaford Board
will serve no more than two five (5) year terms.
ARTICLE VII.
The By-Laws can be amended at any regular meeting of the Commission by a three-fifths
vote, provided that the amendment has been submitted in writing with the call of the
meeting or at least ten (10) days prior to the meeting at which it is to be presented.
ARTICLE X.
The Commission shall submit reports as required to the State and County Library
Commissions and State and County governmental authorities.
ARTICLE XI.
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall
govern the Commission in all cases to which they are applicable and in which they are not
inconsistent with these By-Laws and any special rules of order the Commission may
adopt.
