By-Laws of the Siouxland Heritage Museums Board
JOINT COOPERATNE AGREEMENT
This agreement made and entered into by the City of Sioux Falls, SD ("the City"); and Minnehaha County, SD ("the County"), amends and restates the Joint Cooperative Agreement between the parties dated June 22, 1987, as amended. The parties agree:
Article 1 - Authority
There is hereby continued the City-County Museum Board ("the Board"), consisting of certain local elected policy-making officials and their appointed representatives of the City and County. The City and County enter into this agreement pursuant to SDCL Chapter 1-24.
Article 2 - Purpose
The Board is created by the City and County to join together and cooperate to collect, preserve, and promote the educational utilization of the historic resources of the City and County through the establishment and operation of a joint museum system. The Board may facilitate the creation of other support groups to include appropriate interested organizations to further the purposes of the joint museum system.
Article 3 - Board Membership
The Board shall consist of eleven (11) members consisting of the Mayor of the City or the Mayor's designee and four other members appointed by the Mayor with the advice and consent of the City Council, one County Commissioner and four (4) other members appointed by the Board of County Commissioners, and the President of the Siouxland Heritage Museums Alliance. All members of the Board shall reside within the territory of the city or the county. The Director of the Siouxland Heritage Museums shall be a non-voting ex-officio member of the Board. Except for the Mayor, County Commission member, and Alliance president, members of the Board shall serve staggered three-year terms. All appointed members shall be limited to two (2) consecutive terms. The Board may create such committees and subcommittees as it deems necessary.
Article 4 - Responsibilities
The Board shall:
- Be responsible to the City and County for the development and operations of a museum system comprised of the Pettigrew Home and Museum and the Old Courthouse Museum and such other facilities brought into the joint museum system.
- Prepare and recommend an annual budget to be presented to the City Council and County Commission.
- Make policy for the development and operation of the joint museum system.
- Make recommendations to the City Council and County Commission regarding the hiring of a director and assistant director for the joint museum system.
- Adopt written rules and regulations as necessary to carry out its functions. Such rules and regulations shall not be in conflict with adopted rules, regulations, and ordinances of the City and County. The Board and staff shall review all rules and regulations annually and recommend appropriate amendments.
- Receive approval from the City and County for all operating rules and regulations.
Article 5 - The Director of Museums
The Director of Museums shall be employed by the County and shall:
- Be responsible to the Board for the performance of assigned responsibilities.
- Direct the activities of the City-County museum system.
- Administer the budget of the museum system.
- Supervise the museum staff, assign work, and evaluate work performance.
- Promote public interest and support in the activities of the museum system.
Article 6 - Financing
For the purpose of financing the operations of the City-Council museum system, the City and County will each provide 50 percent of stat1ing, display and program development and operational costs.
In addition, the City will provide the cost of general upkeep, utilities, real estate and major capital improvements for the Pettigrew Home and Museum and grounds. The County will provide the cost of general upkeep, utilities, real estate and major capital improvements for the Old Courthouse Museum and grounds.
Revenues and expenditures associated with the operation of the Museum Store shall be established in a special fund to be administered by the County, and called The Museum Store Special Fund. Use of this fund shall be restricted to the operational expenses of Museum Store. Any funds in excess of operational expenses shall be used solely for the benefit of the Siouxland Heritage Museums upon approval of the Board.
A Museum Store Enterprise Fund shall be administered by the County to account for the revenues and expenditures directly associated with rental of museum space to the public and public events and programs for which a fee is charged or sponsorship funds are raised. Use of this fund shall be restricted to the direct operational expenses of rental of the museums, and for direct operational expenses associated with programs or special events for which a fee is charged or sponsorship funds are raised. Any funds in excess of these direct operational expenses shall be used solely for the benefit of the Siouxland Heritage Museums upon approval of the Board. The Board shall file an annual report with the City and County no later than February I of the following fiscal year, reporting the enterprise fund revenues and expenditures of the previous fiscal year.
Each year, on or before October 1, the City and County shall hold joint budget hearings to approve the budget for the ensuing year.
All employees and the Director shall be under the jm1sdiction of the Board for purposes of program direction, but shall be under the administrative jurisdiction of the County for the purpose of hiring, salaries, discipline, termination, payroll and employee benefits.
Article 7 - Duration
The City-County museum system is viewed as a permanent organization.
Article 8 - Termination
Either party may terminate this agreement by giving written notice sent by registered mail to the other pmiy before March 15 of any year, with the effective date of termination being the final day of that year.
All artifacts, specimens and objects shall belong to the Siouxland Heritage Museums as a whole. Upon termination and for purposes of dividing the collection where ownership or artifacts is unclear or is disputed, each party shall select a knowledgeable arbitrator, and those two shall select a third knowledgeable arbitrator, and the three shall equitably divide the artifacts between the parties. The division of artifacts shall be completed within six months and the cost of arbitration shall be shared equally.
ADDENDUM TO JOINT COOPERATIVE AGREEMENT
"Museum Store Special Fund"
For the purpose of the operation of a retail establishment (Museum Store) within the Old Courthouse Museum, a special fund shall be established, administered by the County. Use of this special fund shall be restricted to operational expenses of the Museum Store, including supplies and materials, purchase of resale items (inventory), management personnel, and other expenses associated with the successful operation of the Museum Store. Likewise, no other city/county funds shall be used for the operation of the Museum Store. Funds in excess of operational expenses in the special fund shall be used only for the benefit of the Siouxland Heritage Museums, and only with approval of the Museum Board.