§ 31.045  BOARD OF LIBRARY TRUSTEES.
   (A)   Composition of Board; appointment. The Board of Trustees of the Marshalltown Public Library, hereinafter referred to as the “Board”, shall consist of seven members. All Resident Trustees shall be appointed by the Mayor with the approval of the City Council. The Non-Resident Trustee member shall be appointed by the Mayor with the approval of the county’s Board of Supervisors.
(2013 Code, § 2-151)
   (B)   Qualifications of members. Six Trustees of the Board shall be bona fide citizens and residents of the city. For purposes of this section, these Trustees shall be called “Resident Trustees of the Board”. One Trustee of the Board shall be a resident of rural Marshall County. For purposes of this section, this Trustee shall be called a “Non-Resident Trustee of the Board”.
(2013 Code, § 2-152)
   (C)   Terms of office; vacancies; compensation.
      (1)   Terms of office. All appointments to the Board of Library Trustees shall be for six years, except to fill vacancies. Each term shall commence on July 1. Appointments shall be made every two years of one-third the total number, as near as possible, to stagger the terms.
      (2)   Vacancies. The position of a Resident Trustee shall be vacant if a Resident Trustee moves permanently from the city. The position of Non-Resident Trustee shall be vacant if the Non-Resident Trustee moves permanently from the county, or moves permanently to the city. The position of Trustee shall be vacant if a Trustee is absent six consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the city by a Resident Trustee, or except in the case of sickness or temporary absence from the county by a Non-Resident Trustee. Vacancies on the Board shall be filled as provided in division (A) above and the new Trustee shall serve for the unexpired term for which the appointment is made.
      (3)   Compensation. Trustees shall receive no compensation for their services.
(2013 Code, § 2-153)
   (D)   Powers and duties. The Board of Library Trustees shall have and exercise the power and duty to:
      (1)   Meet and elect from its members a President, a Secretary and such other officers as it deems necessary;
      (2)   Have charge, control and supervision of the public library, its appurtenances, fixtures and rooms containing the library;
      (3)   Direct and control all the affairs of the library;
      (4)   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)   Remove, by a two-thirds vote of the Board, the librarian and provide procedures for the removal of assistants or employees for misdemeanor, incompetence or inattention to duty, subject, however, to the provisions of I.C.A. Ch. 35C;
      (6)   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)   Authorize the use of the library by non-residents of the city and fix charges therefor;
      (8)   Make and adopt, amend, modify or repeal rules and regulations, not inconsistent with ordinances and the law, for the care, use, government and management of the library and the business of the Board, fixing and enforcing penalties for violations;
      (9)   Have exclusive control of the expenditure of all funds allocated for library purposes by the Council and of all moneys available by gift or otherwise for the erection of library buildings and of all other moneys belonging to the library including fines and rentals collected, under the rules of the Board;
      (10)   Accept gifts of real property, personal property or mixed property and devises and bequests, including trust funds; take the title to such property in the name of the library; execute deeds and bills of sale for the conveyance of such property; and expend the funds received by them from such gifts, for the improvement of the library;
      (11)   Keep a record of its proceedings;
      (12)   Enforce the performance of conditions on gifts, donations, devises and bequests accepted by the city by action against the City Council; and
      (13)   Have authority to make agreements with the local county historical associations, where such exist, and set apart the necessary room and care for such articles as may come into the possession of the associations. The Trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are, in its judgment, of a historical and educational nature and pay for the preservation and protection out of funds allocated for library purposes.
(2013 Code, § 2-154)
   (E)   Power to contract with others for use of library.
      (1)   Contracting. The Board of Library Trustees 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.
      (2)   Termination. 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 5% in number of the electors who voted for Governor in the territory of the party at the last general election. The petition must be presented to the governing body not less than 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.
(2013 Code, § 2-155)
   (F)   Non-resident use of the library. The Board of Library Trustees may authorize the use of the library by non-residents in any one or more of the following ways by:
      (1)   Lending the books or other materials of the library to non-residents on the same terms and conditions as to residents of the city or upon payment of a special non-resident library fee;
      (2)   Establishing depositories of library books or other materials to be loaned to non-residents;
      (3)   Establishing bookmobiles or a traveling library so that books or other library materials may be loaned to non-residents; and/or
      (4)   Establishing branch libraries for lending books or other library materials to non-residents.
(2013 Code, § 2-156)
   (G)   Library account. All money appropriated by the Council from the General Fund for the operation and maintenance of the library shall be set aside in an account for the library. Expenditures shall be paid for only on orders of the Board of Library Trustees signed by its President and Secretary. The warrant writing officer is the city’s Finance Officer.
(2013 Code, § 2-157)
   (H)   Annual report. The Board of Library Trustees shall make a report to the City Council immediately after the close of the municipal fiscal year. This report shall contain statements of the condition of the library, the number of books added thereto, the number of books 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 Council.
(2013 Code, § 2-158)
(Ord. 1, passed 8-14-1950; Ord. 9025, passed 2-27-1956; Ord. 12716, passed 7-8-1975; Ord. 14700, passed 9-23-2002)