[HISTORY: Adopted by the Borough Council
of the Borough of Eagles Mere 4-2-2012 by Ord. No. 2012-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 17,
Historical and Museum Commission, adopted 10-7-1996 by Ord. No. 115,
as amended.
There is hereby established a Eagles Mere Historical and Museum
Board of Directors of the Eagles Mere Museum (hereinafter the "Board")
to carry out the duties set forth in this chapter and to carry out
other duties related to the Eagles Mere Museum as assigned and directed
by the Borough Council. The Eagles Mere Museum shall consist of the
Museum Gallery, the Museum Shop, the archives and second floor gallery
and other facilities and activities as authorized by the Council and
may hereinafter be referenced together as the "Museum."
A.
The Board shall be composed of not less than five nor more than 15
members and shall be appointed by the Borough Council.
[Amended 10-6-2014 by Ord. No. 2014-02]
Board members shall be appointed for three-year terms and shall
serve overlapping terms to provide continuity on the Board. Board
members may serve successive terms.
Within six months of appointment of the initial Board, the Board
shall prepare, adopt and submit to the Council for final approval
a comprehensive set of bylaws which shall conform with this chapter
and shall include:
Any amendments to the Board's bylaws shall be made in accordance
with the Board's initial bylaws and shall be submitted to the
Council for final approval.
The Board and Museum shall operate upon a calendar year budget
cycle. A proposed budget for the upcoming year for the Board and Museum
shall be submitted by the Board to the Council for review and final
approval no later than October 1 of the preceding year.
The funds received from gifts and donations and funds appropriated
by the Borough Council to the Museum shall be held by the Council
in a special Borough account and used solely for the operation and
maintenance of the Museum and for the care of ancient landmarks and
artifacts, as well as the purchase thereof. The Board shall have no
power to expend any of these funds, except as approved in the annual
budget, without those funds first being appropriated by the Council
by ordinance, resolution or approved motion in a public meeting. Any
expenditure which causes or could cause a budgeted line item to be
exceeded or any changes to or transfer of funds between budgeted line
items must be approved by the Council at a public meeting in advance
of said expenditure or transfer.
The Borough's Treasurer or Assistant Treasurer shall write
and sign checks from the Museum special account to pay the expenses
of the Museum in accordance with procedures approved by the Borough
Council. At its discretion, the Council may authorize the establishment
of a separate operating account for the Museum and establish policies
and procedures for use and administration of the account.
The Board shall operate the Museum on behalf of the Borough
Council in accordance with an operating agreement executed between
the Council and the Board. Within six months of appointment of the
initial Board, the Board shall prepare, adopt and submit to the Council
for final approval an operating agreement which shall conform with
this chapter and shall include procedures for the operation and maintenance
of the Museum. The operating agreement shall include rules and regulations
specifying when and under what conditions the Museum and its property
will be open to the public and to students or other groups and individuals
studying the historical and cultural aspects of the artifacts and
displays in the Museum.
All employees of the Museum shall be Borough employees and shall
be supervised by the Board in accordance with the operating agreement.
All positions at the Museum, the employees employed in those positions
and the terms of employment shall be approved by the Council. All
positions at the Museum will have a job description developed by the
Board and approved by the Council, which description shall be an appendix
to the operating agreement. All employees of the Museum will be at
will employees of the Borough and shall serve at the pleasure of the
Council.
All artifacts, archival material and items donated to or purchased
by the Council or the Board for the Museum shall be the property of
the Borough and shall be entrusted to the custody and control of the
Board on behalf of the Borough. Any sale or disposal of artifacts,
archival material or items shall be in accordance with the Borough
Code and other applicable law. Any sale or disposal of an artifact
or item with an estimated fair market value of $1,000 or more shall
be approved by the Council at a public meeting in advance of the sale
or disposal.
The Board shall have the responsibility and authority to:
A.
Maintain ancient landmarks and other property of historical or antiquarian
interest located in the Borough of Eagles Mere, acquired by the Borough
of Eagles Mere or committed to the care, custody or control of the
Borough of Eagles Mere by the owner of the landmark or property of
historical or antiquarian interest.
B.
Seek technical assistance provided by the Pennsylvania State Historical
Commission when maintaining ancient landmarks and other property of
historical or antiquarian interest located in the Borough of Eagles
Mere.
C.
Operate and maintain a museum in the Eagles Mere Borough and receive
and accept on behalf of the Eagles Mere Borough gifts and donations
of money and historical artifacts for the use of and in such museum.
D.
Exercise exclusive custody and control of all ancient landmarks,
property of historical significance or antiquarian interest and control
the museum property committed to it by the Eagles Mere Borough Council
or under the supervision of the Pennsylvania State Historical Commission.
E.
Carry out the terms of this chapter and other such duties related
to the Museum approved by the Borough Council.
