Sec. 82-26. - Confirmed.

This article is enacted pursuant to chapter 2, article VIII, division 2 to confirm the creation of the library advisory board.

(Ord. No. 88-71, § 1)

Sec. 82-27. - Appointment and composition.

(a)

The library advisory board shall consist of five members who shall represent the five county commission districts.

(b)

Members of the board shall be appointed by and serve at the pleasure of the board of county commissioners. Said members shall be permanent residents and electors of the county.

(c)

Appointment of members to serve on the board shall be by resolution of the board of county commissioners, which resolution shall set forth the date of appointment and the term of office. The board of county commissioners shall request and accept applications from the general public to serve as members of the board.

(Ord. No. 88-71, § 2; Ord. No. 93-86, § 1(2))

Sec. 82-28. - Terms of office.

The terms of office of the library advisory board shall be as follows:

(1)

Each appointment or reappointment shall be for a term of four years. A person shall not be considered to have served a full term of office unless that person has served at least two years. All terms of office shall expire on December 31.

(2)

A member of the library advisory board may be reappointed by the board of county commissioners for only one successive term. This one term reappointment limitation shall not be extended. However, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the board shall be for the remainder of the unexpired term of office.

(3)

Notwithstanding the above, an individual may be reappointed to the board after a hiatus of at least two years.

(Ord. No. 88-71, § 3; Ord. No. 93-86, § 1(3))

Sec. 82-29. - Removal from office; failure to attend meetings.

Members of the library advisory board serve at the pleasure of the board of county commissioners and any member of the board may be removed from office by a majority vote of the board of county commissioners. Members shall attend all meetings of the board and committees to which they may be appointed. Any board member who is absent for more than one-half of the board's meetings in a given fiscal year shall be deemed to have tendered his resignation from the board. Should any board member be absent from two consecutive board meetings without a satisfactory excuse acceptable to the board chairman, the board chairman shall state such fact at the next regularly scheduled board meeting and shall thereafter notify, in writing, the administrative assistant to the board of county commissioners of the board member's failure to attend without satisfactory excuse. A member of the board shall be deemed absent from a meeting when he is not present during at least 75 percent of the meeting. No board member shall serve at any meeting after his or her position has been declared vacant by the board of county commissioners.

(Ord. No. 88-71, § 4; Ord. No. 93-86, § 1(4))

Sec. 82-30. - Officers, quorum; rules of procedure.

(a)

Annually, at its first meeting, the membership of the library advisory board shall elect a chairman, vice-chairman and secretary from among its members. Each officer's term shall be for one year, with eligibility for reelection.

(b)

The presence of three or more members shall constitute a quorum of the board necessary to take action and transact business. In addition, an affirmative vote of three or more members shall be necessary in order to take official action, regardless of whether three or more members of the board are present at a meeting.

(c)

The board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations.

(Ord. No. 88-71, § 5; Ord. No. 93-86, § 1(5))

Sec. 82-31. - Reimbursement of expenses.

Members of the library advisory board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners.

(Ord. No. 88-71, § 6; Ord. No. 93-86, § 1(6))

Sec. 82-32. - Functions, powers and duties.

The functions, powers and duties of the library advisory board shall be as follows:

(1)

Act on behalf of the board of county commissioners to establish policies of the library department including, but not limited to, policies relating to materials acquisition and circulation, collection development, and eligibility of individuals for library services. Any proposed policy that directly affects members of the public must be reviewed and approved for legal sufficiency by the county attorney's office.

(2)

Act solely in an advisory capacity to the board of county commissioners for all library department issues regarding the establishment of fees, the budget, capital planning, staffing levels, and other library related programs.

(3)

Identify, study, evaluate, and make recommendations to the board of county commissioners on programs that will benefit the county library system.

(4)

Amend as appropriate the guidelines and bylaws that govern the operation of the board, subject to final approval by the board of county commissioners.

(Ord. No. 88-71, § 7; Ord. No. 93-86, § 1(7))

Sec. 82-33. - Duties of the county library director.

The duties of the county library director or designee shall be to:

(1)

Administer the activities of the library advisory board in accordance with established policies of the board of county commissioners, and the guidelines, bylaws, and policies adopted by the board.

(2)

Prepare the annual budget in accordance with the board's budgetary advice as specified in section 82-32(2).

(3)

Provide periodic written reports to the board and the public services administrator on the activities of the county library system and its finances in accordance with established guidelines, bylaws and policies of the board of county commissioners and the board.

(4)

Attend all board meetings.

(Ord. No. 88-71, § 8; Ord. No. 93-86, § 1(8))

Sec. 82-34. - Review process.

The library advisory board shall be reviewed once every four years in accordance with the procedures outlined in chapter 2, article VIII, division 2 of this Code.

(Ord. No. 88-71, § 9; Ord. No. 93-86, § 1(9))

Sec. 82-35. - Return of library materials.

(a)

Unlawful to fail to return. It shall be unlawful for any person to fail to return any library book, audio or video recording, film, magazine or any other article of personal property borrowed from the county free public library or any of its branches after ten days have elapsed from the date of written request for return by said library or an authorized agent of said library. The notice requesting the return of such materials shall be sent by registered or certified mail addressed to such person at the last-known address furnished to the county free public library as evidenced by the records retained by the library.

(b)

Unlawful to fail to report lost library materials and reimburse for same. It shall be unlawful for any person to fail to report any lost library book, audio or video recording, film, magazine or any other article of personal property borrowed from the county free public library or any of its branches; and it shall also be unlawful for any person to fail to reimburse the library for said materials after ten days have elapsed from the date of receipt of a written request for reimbursement by the library or an authorized agent of the library. The notice requesting reimbursement for such materials shall be sent by registered or certified mail addressed to said person at the last-known address furnished to the county free public library as evidenced by the records retained by the library.

(c)

Unlawful to destroy or damage library materials or to fail to reimburse for such materials or damages thereto. It shall be unlawful for any person to willfully destroy, deface, mar or otherwise damage any library book, audio or video recording, film, magazine or any other article of personal property borrowed from the county free public library or any of its branches, or to fail to reimburse the library for destruction of or damage to such materials after ten days have elapsed from the date of receipt of a written request for reimbursement by the library or an authorized agent of the library, whether or not said destruction or damage is willful or accidental. The notice requesting reimbursement for such destruction or damage shall be sent by registered or certified mail addressed to such person at the last-known address furnished to the county free public library as evidenced by the records retained by the library.

(d)

Unlawful to furnish false name or address or to use a false library card. It shall be unlawful for any person, with intent to secure the loan of any book, audio or video recording, film, magazine or any other article of personal property from the county free public library or any of its branches, to furnish a false name or address or to present, with such intent, a false, forged or counterfeited library borrower's identification card to any authorized agent or employee of the county free public library.

(e)

Service fee. In addition to any reimbursement herein required, any individual to whom a notice has been sent under the provisions of this section shall pay to the county free public library a service fee in the amount of $3.00.

(f)

Prima facie evidence of identity. In any prosecution or action under the provisions of this section in which a library borrower's identification card issued by the county free public library was used at the time of the borrowing of said materials, the information retained and contained within the records of the county free public library pertaining to that card, along with the name that appears on the library card used to borrow such materials, shall constitute prima facie evidence of the identity of the person borrowing library materials and that such person was the party authorized by the county free public library to use the aforesaid library card.

(Ord. No. 80-39, §§ 1—6)