Nogales library board asks legal counsel to interpret new bylaw language on term limits

The Nogales Library Board of Trustees voted to seek a legal interpretation of a bylaw amendment that added language limiting trustees to two consecutive terms, the board chair said at the March 12 meeting.

Chairman Vanderboe said the amendment in the bylaws the board signed in March 2024 includes the phrase that “a trustee may be reappointed for a second term, but may not serve more than 2 consecutive terms,” and that language created uncertainty about whether the limit is effective immediately or applies only prospectively. “I don't know. But it needs to be clarified,” Vanderboe said.

Board members discussed the ambiguity at length and agreed to ask the city attorney to clarify the effective date and retroactivity of the term‑limit language before taking any reappointment action. The question is directly tied to the March expiration of Trustee Ed Delsey’s term. Vanderboe said the board had emailed Delsey to explain the uncertainty and that the board would “entertain his nomination” if the legal interpretation allows it.

Juanita Havel and other members raised additional editorial changes they want to make to the bylaws, including replacing inconsistent uses of “may” with “shall” in several places to make the board’s responsibilities clearer. Vanderboe proposed collecting suggested edits from board members, forwarding them to Director Danica, and returning a consolidated set of suggested changes to legal counsel for review.

No formal amendment of the bylaws was enacted at the meeting. The board agreed to request an expedited legal interpretation in advance of the April meeting.

Why it matters: The interpretation will determine whether a current trustee may be reappointed this month and will affect how the board accepts or forwards future nominations for its ninth, at‑large seat.