Article I: Name and Authority
The shared automation network, known as the Merlin Consortium, is a service program of Northern Waters Library Service (NWLS). As a program of NWLS, the Merlin Consortium is established, operated, and maintained under the Northern Waters Library Service Board of Trustees, subject to Article VII, Section 3 of this document.
Article II: Purpose
The Merlin Consortium is established to provide a shared, integrated library automation system to NWLS member libraries, and other area libraries as may participate, for the purpose of: (1) facilitating resource sharing among network participants, and (2) increasing the efficiency and effectiveness of participant library operations and services. The shared automation network shall provide functions to participating libraries including, but not limited to, circulation control, online public access catalog, MARC cataloging and acquisitions.
Article III: Participation
Section 1. Any NWLS member library may become a full participant in the Merlin Consortium by executing an agreement for this purpose with the NWLS Board.
Section 2. Any NWLS member library may have limited participation for technical service functions such as cataloging, ILL verification, and the shared patron database by execution of an agreement for this purpose with the NWLS Board.
Section 3. Any area library that is not a member of NWLS may become a participant in the Merlin Consortium by executing an agreement for this purpose with the NWLS Board. The NWLS Board reserves the right to refuse the participation of any library not a member of NWLS.
Section 4. Northern Waters Library Service shall also be deemed participants in the Merlin Consortium.
Article IV: Meetings and Notices
Section 1. The Consortium shall hold at least four regularly scheduled meetings per year.
Section 2. Any Merlin Consortium participant may submit items for inclusion in meeting agendas.
Section 3. The NWLS Database manager shall distribute notices and agendas of meetings via email at least 7 days prior to the date of the meeting.
Section 4. All Merlin meetings must be noticed in compliance with the Wisconsin Open Meeting Law (Wisconsin Statutes, Sec. 19.84). Notices must include a statement of time, date, place and information as to the subject or subjects considered.
Section 5. Special meetings will be called by the Chair, upon the request of the majority of participating libraries, and such meetings will be held within one month of the request.
Section 6. The agenda shall be determined by the chair and may include Call to Order, Roll Call, Minutes, Financial Report, Project Administrator’s Report, Database Manager’s Report, Circulation Report , Old Business, and New Business.
Section 7. A quorum of the Consortium shall be required to conduct the business of the Merlin Consortium meetings. A quorum shall be defined as the presence of members possessing at least 51% of all existing votes of the combined member total.
Section 8. Limited participants, as defined in Article III, Section 2, may attend all meetings but shall have no voting rights.
Section 9. All regular meetings will be conducted according to Robert’s Rules of Order.
Article V: Officers and Duties
Section 1. The Officers of the Consortium shall be the Chair, Vice Chair, Secretary, and Treasurer. Officers (except the Treasurer) shall be elected annually by a Nominating Committee in January and assume office following the January election. The NWLS Office Manager will hold the office of the Treasurer. Vacancies shall be filled by election.
Section 2. The Chair shall preside at all Consortium meetings, shall enforce the Bylaws and Agreements, shall appoint committees, shall serve as an ex-officio member of all committees and shall authorize calls for special meetings.
Section 3. In the absence of the Chair, the Vice Chair shall perform the duties of the Chair.
Section 4. The Secretary shall maintain the roll at all Consortium meetings and record and distribute the minutes.
Section 5. The Treasurer shall assist the Consortium with maintaining financial records, reporting the audit findings annually, notifying any agency in arrears and regularly reporting on the financial standing of the Merlin Consortium.
Section 6. The Merlin Consortium designates NWLS to manage the network and to staff automation services. Any staff hired shall be subject to the policies and work rules of NWLS. The Project Administrator shall be the NWLS Systems Administrator. All NWLS automation staff are ex-officio non-voting members of the Merlin Consortium.
Article VI: Committees
Section 1. The Officers of the Consortium shall constitute the Executive Committee. Three of the four officers shall constitute a quorum of Executive Committee meetings. The purpose of this committee is to investigate and make recommendations regarding matters requiring the action of the Consortium, and to draft a preliminary budget. This committee shall meet as necessary.
Section 2. Members of the Nominating Committee shall be appointed by the Chair and must be library directors. The purpose of this committee is to present a slate of at least one candidate for each officer position to the Consortium. The slate will be distributed with the agenda for the first meeting of the calendar year. This committee shall meet as necessary.
Section 3. The Chair with the approval of the Consortium shall establish such other committees as deemed necessary.
Article VII: Voting
Section 1. The Merlin Consortium shall attempt to arrive at its recommendations by vote. All actions will be decided by simple majority vote, (51%) of those member libraries present.
Section 2. Whenever the director of any member library is, for any reason, unavailable to attend the Consortium Meeting, she/he may appoint by proxy a representative to vote in his/her place. The proxy so appointed shall have authorization to vote at the Consortium meeting and the director represented by the proxy is considered present for purposes of recording the vote. A proxy may be a staff or Board member of the library requiring the proxy, or may be another Merlin member. The proxy is only valid if recognized at the Roll Call of the meeting. Failure to appoint a proxy will not invalidate any action of the Consortium.
Section 3. Any action regarding Merlin or the Merlin Consortium taken by the NWLS Board of Trustees requires the approval of a majority (51%) of the Merlin Consortium participants to go into effect.
Article VIII: Policies and Procedures
Section 1. The Merlin Consortium shall adopt all policies and standards for the efficient and effective operation of the automation system. Each member institution is responsible for the adherence to these policies and standards, provided that they have been distributed to each member institution at least 28 days prior to the date they become effective.Section 2. The Merlin Consortium may enforce compliance with Merlin policies by sanctions that include, but are not limited to, the billing of an institution for substantial costs incurred due to member failure to comply with Merlin policies and standards or by finding of cause for termination of Merlin membership.
Any member, that knowingly and repeatedly, fails to observe such policies will be contacted about their noncompliance issues. The Merlin Executive Committee will notify and warn a non-complying member on the following schedule:
- 1st notice will be made verbally by the Consortium Chair to the director of the library in violation.
- 2nd notice and warning of potential penalty will be made in writing by the Consortium Chair to the director of the library in violation.
- 3rd notice and warning of potential penalty will be made in writing by the Consortium Chair to the Board of the library in violation.
- 4th notice will result in billing for costs incurred or finding of cause for termination of Merlin membership.
Section 3. NWLS may establish such procedures as are necessary to implement Merlin policies and standards for the efficient and effective operation of the Merlin system. Institutions shall be expected to follow such procedures.
Article IX: Amendments
These Bylaws may be altered, amended, or repealed in whole or in part by approval of the NWLS Board and a three-quarters (¾) majority vote of the member institutions, provided that the amendments are made available to all member institutions sixty (60) days prior to the meeting at which the amendments are to be decided.
Adopted by the Merlin Consortium on July 20, 2006
Approved by the NWLS Board of Trustees on September 16, 2006