§ 255 — Establishment of a public library

New York § 255

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Part 2: Libraries
• Art. 5: University of the State of New York

Text

§ 255. Establishment of a public library. 1. By a majority vote at any\nelection, or at a meeting of the electors duly held, any county, city,\nvillage, town, school district or other body authorized to levy and\ncollect taxes; or by vote of its board of supervisors or other governing\nelective body any county, or by vote of its common council or by action\nof a board of estimate and apportionment or other proper authority any\ncity, or by vote of its board of trustees any village, or by vote of its\ntown board any town, or any combination of such voting bodies, may\nindividually or jointly authorize the establishment of a public library\nwith or without branches, and may appropriate money raised by tax or\notherwise to equip and maintain such library or libraries or to provide\na building or rooms for its or their use. Any such municipality or\ndistrict may acquire real or personal property for library purposes by\ngift, grant, devise, bequest or condemnation and may take, buy, sell,\nhold and transfer either real or personal property for public library\npurposes. Whenever twenty-five taxpayers shall so petition, the question\nof providing library facilities shall be voted on at the next election\nor meeting at which taxes may be voted, provided that due public notice\nof the proposed action shall have been given. Whenever the electors of a\nschool district at a district meeting duly held shall have authorized\nthe establishment of a public library under the provisions of this\nsection, at such meeting or at any subsequent meeting duly held, they\nmay determine by a majority of the voters present and voting on the\nproposition to levy a tax to be collected in installments for the\npurchase or condemnation of a site and the erection thereon of a library\nbuilding or the erection of a library building on land acquired\notherwise than by purchase or condemnation, or for the purchase of land\nand a suitable building thereon and make necessary alterations and\nadditions and equip such building for use as a library.\n 2. Upon the request of a majority of the members of the boards of\ntrustees of two or more libraries chartered by the regents, if it shall\nappear to the satisfaction of the commissioner that the establishment of\na cooperative library system will result in improved and expanded\nlibrary service to the area and that the area is suitable for the\nestablishment of such a cooperative library system, the commissioner may\ncall a joint meeting of the trustees of such libraries for the purpose\nof determining whether a cooperative library system shall be established\nand electing a board of trustees of such cooperative library system. If\nit shall appear to the commissioner that the area proposed for the\ncooperative library system is not sufficient to warrant the\nestablishment of such system; that such area is not otherwise suitable\nor that for sufficient other reason such cooperative library system as\nproposed should not be established he shall disapprove such request.\n a. Notice of such meeting shall be given by the commissioner to each\ntrustee by mail to his last known address at least five days prior to\nsuch meeting. At such meeting the board of trustees of each library\nparticipating shall have five votes.\n b. Such meeting shall be called to order by the person designated by\nthe commissioner and shall thereupon organize by the election of a\nchairman. At such meeting a resolution in substantially the following\nform shall be presented for the action of the meeting: "Resolved that a\ncooperative library system be established consisting of the following\nlibraries chartered by the regents ............... (name libraries) for\nthe purpose of expanding and improving library service in the area\nserved by the above named libraries."\n c. If the resolution described above is adopted, then the meeting\nshall proceed to elect a board of trustees of such library system to\nconsist of not less than five nor more than twenty-five members as\ndetermined by the meeting.\n d. Within one month after taking office, the trustees-elect shall\napply to the regents for a charter as a cooperative library system.\n e. The board of trustees shall manage and control such cooperative\nlibrary system and shall have all the powers of trustees of other\neducational institutions in the university as defined in this chapter.\nSuch board shall elect a president, secretary and treasurer. Before\nentering upon his duties, such treasurer shall execute and file with the\ntrustees an official undertaking in such sum and with such sureties as\nthe board shall direct and approve. The treasurer need not be a member\nof such board. The funds of the cooperative library system shall be\ndeposited in a bank or banks designated by the board of trustees and\nshall be expended only under the direction of such trustees upon\nproperly authenticated vouchers.\n f. The term of office of trustees shall be either three or five years\nexcept that the members of the first board of trustees shall determine\nby lot the year in which the term of office of each trustee shall expire\nso that as nearly as possible the terms of either one-third or one-fifth\nof the members of such board will expire annually. Thereafter, the\nsuccessors of such trustees shall be elected annually by a meeting of\nthe trustees of the participating libraries in the cooperative library\nsystem. Where the term of office of a trustee is five years, no trustee\nshall hold office consecutively for more than two full five year terms\nand where the term of office of a trustee is three years, no trustee\nshall hold office consecutively for more than three full three year\nterms. Provided further, however, years served by a trustee appointed to\nfill an unexpired term shall not count towards the term limit. Such\nmeeting shall be called by the secretary of the cooperative library\nsystem who shall give notice to all the trustees of participating\nlibraries in the manner provided in subparagraph a of this subdivision\nfor giving notice of the meeting to authorize the establishment of such\ncooperative library system. Within one month after approving a change in\nthe length of the term of office of trustees, the trustees shall apply\nto the regents for an amendment to the charter of the cooperative\nlibrary system. Such change in the length of the term of office of\ntrustees shall not take effect until such charter amendment is approved\nby the regents. Any cooperative library system that changes the length\nof the term of office of trustees pursuant to this paragraph, may\nappoint an individual for a shorter term in order to ensure that as\nnearly as possible, an equal number of trustees shall be elected to the\nboard each year, with the trustees assigned such shorter terms\ndetermined by lot, and provided further that the term of office of each\nincumbent member of the board shall not be decreased thereby.\n g. A contract may be entered into between the board of trustees of a\ncooperative library system and the department under which the state\nlibrary will provide services, facilities and staff to the cooperative\nlibrary system upon terms agreed upon by and between the parties to such\ncontract.\n h. Nothing herein contained shall be deemed to deprive any\nparticipating library of its property.\n i. The board of trustees of any library chartered by the regents which\nis not participating in a cooperative library system may adopt a\nresolution requesting that such library become a participating library\nin a cooperative library system. Duplicate copies of such resolution\ncertified by the clerk of such board of trustees shall be filed with the\nboard of trustees of the cooperative library system. If such board\napprove such resolution such approval shall be endorsed thereon and a\ncopy thereof shall be filed with the commissioner. Upon such resolution\nbeing approved by the commissioner such additional library shall become\na participating library in such system and shall have the same rights,\nduties and privileges as other libraries participating therein.\n j. The participating libraries in such library system shall be those\nlibraries, members of the boards of trustees of which join in\npetitioning the commissioner to call the meeting for the establishment\nof the cooperative library system pursuant to this section, and who are\nnamed in the resolution voted upon by such meeting and in the charter of\nthe library system.\n k. The board of trustees of each public library system shall meet no\nfewer than six times a year.\n 3. Trustees of a reference and research library resources system shall\nhave those powers set forth in section two hundred twenty-six of this\narticle with respect to trustees of corporations chartered by the\nregents, and in addition shall have the following powers and duties:\n a. The board of trustees of a reference and research library resources\nsystem shall include at least one representative of each constituent\npublic library system, at least one representative of the member\nacademic library with the largest collection, and at least two\nnonlibrarians from the research community served by the system.\n b. The term of office of trustees shall be five years except that the\nmembers of the first board of trustees shall determine by lot the year\nin which the term of office of each trustee shall expire so that as\nnearly as possible the terms of one-fifth of the members of such board\nwill expire annually. Thereafter, the successors of such trustees shall\nbe elected annually by a meeting of the designated representatives of\nthe member institutions participating in the reference and research\nlibrary resources system. No trustee shall hold office consecutively for\nmore than two full terms. Such annual meeting shall be called by the\nsecretary of the reference and research library resources system who\nshall give notice to all the participating libraries by mail at least\nfive days prior to such meeting.\n c. The board of trustees shall meet no fewer than six times a year.\n 4. By a majority vote of the tribal government of an Indian\nreservation, or upon the request of the tribal government of an Indian\nreservation, an Indian library may be established, with or without\nbranches, and may make application to the state or other source for\nmoney to equip and maintain such library or libraries or to provide a\nbuilding or rooms for its uses. Notwithstanding the provisions of\nsection seven of the Indian law, the board of trustees of such library,\non behalf of the tribal government, may acquire real or personal\nproperty for use by an Indian library by gift, grant, devise, bequest\nand may take, buy, sell, hold and transfer either real or personal\nproperty for the purposes of such library. No more than one Indian\nlibrary may be established on a reservation and such library shall serve\nall inhabitants of that reservation. No such library shall be\nestablished on any reservation that has fewer than three hundred\npermanent residents and one thousand acres of land.\n 5. The boards of trustees of any two, or more, public libraries,\nIndian libraries, reference and research library resources systems,\ncooperative library systems, or association libraries, as defined in\nthis article, may pool surplus funds to be used for the purchase of\ncertificates of deposit in any bank or trust company, provided that such\ncertificate of deposit be secured by a pledge of obligations of the\nUnited States of America, or any obligation fully guaranteed or insured\nas to interest and principal by the United States of America acting\nthrough an agency, subdivision, department or division thereof, or\nobligations of the state of New York. Each participating public library,\nIndian library, reference and research library resources system,\ncooperative library system or association library shall be entitled to\nits pro-rata share of interest earned on such certificates in proportion\nto its contribution to the purchase price of such certificates.\n 6. The board of trustees of any two, or more, public libraries, public\nlibrary systems, reference and research library resources systems, as\ndefined in this chapter, shall have the power to enter into, amend,\ncancel and terminate agreements for performance among themselves or one\nfor the other of their respective functions, for the purpose of\ncooperatively advertising and awarding bids for equipment, supplies and\nservices, provided:\n a. such advertising and awards have been made in accordance with the\nrequirements of article five-A of the general municipal law;\n b. the purchasing and making of contracts shall be subject to general\nlaws applicable thereto; and\n c. that any such agreements shall include a manner of responding for\nany liabilities that might be incurred in the operation of the joint\nservice or agreement.\n