A. Board Created: There is hereby created a board of trustees of the Iowa City public library. (1978 Code §20-16)
B. Membership; Appointment: The board of trustees of the city public library, hereinafter referred to as the "board", consists of nine (9) members. All resident board members are to be appointed by the mayor with the approval of the city council. If the library is receiving funds for countywide public library service on a contract basis, there may be one nonresident board member who shall be appointed by the county board of supervisors with the approval of the city council. (1978 Code §20-17; amd. 1994 Code)
C. Qualifications Of Trustees: All members of the board shall be bona fide residents of the city, except the nonresident member, and all shall be over the age of eighteen (18) years. (1978 Code §28-18; amd. 1994 Code)
D. Terms And Vacancies:
1. Terms Of Office: All appointments to the board shall be for six (6) years except to fill vacancies. Each term shall commence on July 1. Appointments shall be made every two (2) years of one-third (1/3) the total number, as near as possible, to stagger the terms. The present incumbents are confirmed in their appointments and terms.
2. Vacancies: The position of any trustee shall be vacant if the trustee moves permanently from the city, or in case of a nonresident member, from the county, or if the trustee is absent for four (4) consecutive regular meetings of the board. Vacancies on the board shall be filled by appointment of the mayor with the approval of the city council, or in the case of the nonresident member, with the approval of the board of supervisors, with the concurring approval of the city council. An appointed trustee shall fill out the unexpired term for which the appointment is made. (1978 Code §20-19; amd. 1994 Code)
E. Powers And Duties Generally: The board shall have and exercise the following powers and duties:
1. To meet and elect from its members a president, a secretary and such other officers as it deems necessary. The city finance officer shall serve as board treasurer but shall not be a member of the board.
2. To have charge, control and supervision of the public library, its appurtenances, fixtures and rooms.
3. To direct and control all the activities and operations of the library.
4. To employ a librarian and authorize the librarian to employ such assistants and employees as may be necessary for the proper management of the library and fix their compensation; provided, however, that prior to such employment, the compensation of the librarian, assistants and employees shall have been fixed and approved by a majority of the members of the board voting in favor thereof.
5. To remove, by a two-thirds (2/3) vote of the board, the librarian and provide procedures for the removal of assistants or employees for misdemeanor, incompetency or inattention to duty, subject, however, to the provisions of the code of Iowa, as amended.
6. To select, or authorize the librarian to select, and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, other library materials, furniture, fixtures, stationery and supplies for the library within budgetary limits set by the board.
7. To authorize the use of the library by nonresidents of the city and to fix charges therefor.
8. To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with ordinances and the law, for the care, use and management of the library and the business of the board, fixing and enforcing penalties for violations.
9. To have exclusive control of the expenditure of all funds allocated for library purposes by the city council and of all monies available by gift or otherwise for the construction or remodeling of library buildings and of all other monies belonging to the library, including fines and rentals collected, under the rules of the board.
10. To accept gifts of real property, personal property or mixed property and devises and bequests, including trust funds; to take the title to said property in the name of the library; to execute deeds and bills of sale for the conveyance of such property; and to expend the funds received from such gifts, for the improvement of the library.
11. To keep a record of its proceedings.
12. To enforce the performance of conditions on gifts, donations, devises and bequests.
13. To have authority to make agreements with the local county historical association, where such exists, and to set apart the necessary room and to care for such articles as may come into the possession of the association. The trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are, in their judgment, of a historical and educational nature and pay for the same out of funds allocated for library purposes. (1978 Code §20-20; amd. 1994 Code)
F. Contract With Others For Use Of Library:
1. Contracting: The board may contract with any other boards of trustees of free public libraries, any other city, school, corporation, private or semiprivate organization, institution of higher learning, township or county or with the trustees of any county library district for the use of the library by their respective residents. Where deemed appropriate or beneficial by the board and city council, the board may authorize the city council to negotiate and execute such library services contracts on its behalf. The terms and conditions of any such authorization shall be set forth in a joint agreement between the board and city council, copies of which shall be maintained by the city clerk.
2. Termination Of Contract: Such a contract may be terminated at any time by mutual consent of the contracting parties. It also may be terminated by a majority vote of the electors represented by either of the contracting parties. Such a termination proposition shall be submitted to the electors by the governing body of a contracting party on a written petition of not less than five percent (5%) in number of the electors who voted for governor in the territory of such party at the last general election. The petition must be presented to the governing body not less than forty (40) days before the election. The proposition may be submitted at any election provided by law that is held in the territory of the party who is seeking to terminate the contract. (1978 Code §20-21)
G. Annual Report: The board shall make a report to the city council immediately after the close of the city fiscal year. This report shall contain statements of the condition of the library, the number of books added thereto, the number circulated, the amount of fines collected and the amount of money expended in the maintenance of the library during the year, together with such further information required by the city council. (1978 Code §20-22)
H. Compensation: Trustees shall receive no compensation for their services. (1978 Code §20-19)