Chapter 2.72
PUBLIC LIBRARY BOARD*
Sections:
2.72.010 Establishment and Compliance With State Statute.
2.72.020 Membership and Criteria for Appointment.
2.72.035 Termination of Members.
2.72.040 Board of Trustees – Meetings.
2.72.050 Board of Trustees – Powers.
2.72.070 Free to Residents and Nonresident Taxpayers.
2.72.080 Contract to Outside Corporations.
2.72.100 Existence and Maintenance Not Affected by Repeal.
* For statutory provisions on municipal libraries, see Education Code § 18900 et seq.
2.72.010 Establishment and Compliance With State Statute.
A public library is established in and for the City. It shall be established, conducted, managed, controlled and maintained pursuant to the provisions of California Statutes, 1976, Chapter 1010, Section 2, operative April 30, 1977, and codified in California Education Code Section 18900 et seq. (Ord. 91-19 § 5, 1991; Ord. 79-21 § 2, 1979; Ord. 53 § 1, 1923; Code 1975 §§ 265, 265.1).
2.72.020 Membership and Criteria for Appointment.
A. The Harrison Memorial Library Board of Trustees shall consist of five members, each of whom shall be appointed to serve a three-year term as designated by statute.
B. At least three members of the Harrison Memorial Library Board of Trustees shall be residents of the City, and no more than two members shall be residents from the City’s adopted sphere of influence.
C. All members of the Harrison Memorial Library Board of Trustees shall possess a valid Harrison Memorial Library patron card. (Ord. 91-19 § 5, 1991; Ord. 89-3 § 5, 1989; Ord. 84 § 1, 1927; Ord. 53 § 3, 1923; Code 1975 § 265.2).
2.72.030 Appointment Process.
A. Members of the Harrison Memorial Library Board of Trustees shall be nominated by the Mayor, whose nomination shall be ratified by at least three of the five members of the City Council.
B. Terms of the members shall be staggered so that at least one term, but no more than two terms, shall expire annually. Terms of office for new members shall begin the date of the regular meeting in May of the appropriate year. Terms of office of outgoing members shall end simultaneously. The newly appointed members shall be sworn in by the City Clerk.
C. In the event an appointment cannot be made in a timely manner, the incumbent may continue to serve until a new member is appointed. (Ord. 2021-01 § 5, 2021; Ord. 93-8 § 1, 1993; Ord. 91-19 § 5, 1991; Ord. 89-3 § 5, 1989; Code 1975 § 265 et seq.).
2.72.035 Termination of Members.
A member of the Harrison Memorial Library Board of Trustees shall be terminated only for good cause. (Ord. 93-8 § 1, 1993).
2.72.040 Board of Trustees – Meetings.
A. The Board of Library Trustees shall meet at least once a month at such times and places as it may fix by resolution. Special meetings may be called at any time by three trustees or by written notice served upon each member at least three hours before the time specified for the proposed meeting. A majority of the board shall constitute a quorum for the transaction of business.
B. Such board shall appoint one of their number President, who shall serve for one year until a successor is appointed, and in the President’s absence shall elect a President Pro Tempore.
C. Such board shall cause a proper record to be kept. (Ord. 91-19 § 5, 1991; Ord. 53 § 4, 1923; Code 1975 § 265.3).
2.72.050 Board of Trustees – Powers.
The Board of Library Trustees shall have power as follows:
A. To manage, control and administer any library building or library property which is now owned or may hereafter be acquired by the City; to make and enforce all rules, regulations and bylaws necessary for the administration, government and protection of the library under its management and all property belonging thereto;
B. To administer any trust hereafter declared or created for such library and receive any gift, devise or bequest and hold in trust, or otherwise, property situated in this State or elsewhere, and, when not otherwise provided, dispose of the same for the benefit of such library;
C. To purchase necessary books, journals, publications and other personal property;
D. To purchase such property and erect and equip such building or buildings, room or rooms, as may be necessary when in their judgment a suitable building or portion thereof has not been provided by the legislative body of the municipality for such library;
E. To require the Secretary of State and other State officials to furnish such library with copies of any and all reports, laws and other publications of the State, not otherwise disposed of by law;
F. To borrow books from, lend books to, and exchange the same with other libraries, and to allow nonresidents to borrow books, upon such conditions as they may prescribe;
G. To do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter;
H. The Board of Library Trustees shall each year make a report to the City, giving the condition of the library on the thirtieth day of June preceding, and forward a copy thereof to the State Library at Sacramento;
I. To raise money for special or library purposes through direct organization and operation of fund-raising campaigns or programs, or through the establishment of foundations or employment of persons for fund-raising. (Ord. 2012-06 (Exh. A), 2012; Ord. 91-19 § 5, 1991; Ord. 84-15 § 1, 1984; Ord. 83-16 § 1, 1983; Ord. 79-21 § 3, 1979; Ord. 53 § 5, 1923; Code 1975 § 265.4).
2.72.060 Library Fund.
A. All money acquired by gift, devise, bequest or otherwise for the purpose of the library shall be apportioned to a fund to be designated as the library fund, and be applied to the purpose authorized in this chapter. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise or bequest, the Board of Library Trustees shall provide for the safety and preservation of the same and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise or bequest; provided, however, that the provisions of this section shall not apply to the construction and initial equipment of the Ralph Chandler Harrison Memorial Library building, the property to be used for which the purpose has heretofore been devised and bequeathed to the City Council by the Last Will and Testament of Ella Reid Harrison, deceased.
B. Payments from the library fund shall be made upon warrants issued after due audit by, and order from, the Library Trustees, which warrant shall be signed by the President and Secretary of the Board of Library Trustees. The Treasurer of the municipality shall pay such warrants without any further order or warrant from any other authority. (Ord. 91-19, 1991; Ord. 53 § 7, 1923; Code 1975 § 265.6).
2.72.070 Free to Residents and Nonresident Taxpayers.
The library established under this chapter and an act of the Legislature of the State of California shall be forever free to the inhabitants and nonresident taxpayers of the municipality, subject always to such rules, regulations and bylaws as may be made by the Board of Library Trustees; and provided, that for violations of the same a person may be fined or excluded from the privileges of the library. (Ord. 91-19 § 5, 1991; Ord. 53 § 8, 1923; Code 1975 § 265.7).
2.72.080 Contract to Outside Corporations.
The Board of Library Trustees and the legislative bodies of neighboring municipalities or Boards of Supervisors of the Counties in which public libraries are situated may contract for lending books of such library to residents of such Counties or neighboring municipalities upon a reasonable compensation to be paid by such Counties or neighboring municipalities. (Ord. 91-19 § 5, 1991; Ord. 53 § 9, 1923; Code 1975 § 265.8).
2.72.090 Title for Property.
The title to all property acquired for the purposes of the library, when not inconsistent with its terms of acquisition, or otherwise designated, shall vest in the City of Carmel-by-the-Sea, and in the name of said municipal corporation may be sued for, or defended by action at law, or otherwise. (Ord. 91-19 § 5, 1991; Ord. 53 § 10, 1923; Code 1975 § 265.9).
2.72.100 Existence and Maintenance Not Affected by Repeal.
The repeal of the ordinance codified in this chapter shall in no wise affect the existence and maintenance of the Ralph Chandler Harrison Memorial Library, the continued existence and maintenance of which, in the event of the repeal hereof, shall be provided for by ordinance of the municipality, save and except that such ordinance shall not be formulated or passed pursuant to the provisions of an act of the Legislature of the State of California entitled: “Act to Provide for the Establishment and Maintenance of Public Libraries Within Municipalities,” approved March 23, 1901, or to the amendments of the Act. (Ord. 91-19 § 5, 1991; Ord. 53 § 11, 1923; Code 1975 § 266).