Berkeley Municipal Code Ch. 3.04 Board of Library Trustees

*For Charter provisions concerning library trustees, see Charter § 30.

The Board of Library Trustees shall consist of five members, as provided in Section 30 of the Charter, to be appointed by the City Council. All library trustees shall serve without compensation. The term of office of the members of the board shall be four (4) years. The term of office of the members of the board first appointed shall commence upon September 7, 1939, and the members so appointed shall so classify themselves by lot that one non-City Councilmember trustee shall go out of office on the first Monday of July 1940, one non-City Councilmember trustee shall go out of office on the first Monday of July 1941, one non-City Councilmember trustee shall go out of office on the first Monday of July 1942, and one non-City Councilmember trustee shall go out of office on the first Monday of July 1943. Notwithstanding any other provision in this chapter, beginning on July 2, 1984, the library trustee appointed from the City Council shall go out of office on the first day of December 1987 unless earlier terminated as hereinafter provided. Thereafter, the term of the councilmember trustee shall expire on the first day of December of the year of expiration of the City Councilmember’s term on the City Council unless earlier terminated as hereinafter provided.

The members appointed to the board as in this section provided shall be subject to removal from the board at the pleasure of the City Council, prior to the expiration of the term for which they were appointed.1

Vacancies on the Board of Library Trustees from whatever cause, except temporary vacancies as hereinafter provided, shall be filled by the City Council for the unexpired term. Each member of the board shall serve until their successor is appointed and qualified. A majority vote of all the members of the City Council shall be required to appoint a member to the board, or to fill any vacancy thereon, or to remove any member from the board prior to the expiration of their term of office.1 (Ord. 6144A-NS § 1, 1992; Ord. 5921-NS § 1, 1989; Ord. 5582-NS § 1, 1983; Ord. 3739-NS (part), 1960; Ord. 2459-NS (part), 1941; Ord. 2278-NS § 1, 1939)

1The last two paragraphs of § 3.04.010 were inadvertently omitted from a prior codification of this code due to a clerical error that occurred in 1992. This section was corrected in February, 2006.

The Board of Library Trustees shall organize by electing one of its members president and one of its members vice president, who shall hold office for one year, and until their successors are elected unless their terms as a member of said board expire sooner. The president and vice-president shall be elected at the first meeting of the board in October of each year. The Director of Library Services shall be ex officio secretary of the board and as such secretary shall keep a full account of all receipts and expenditures, and a record and full minutes of all proceedings of the board. (Ord. 6154-NS § 2, 1992; Ord. 3853-NS (part), 1962; Ord. 2278-NS § 2, 1939)

A. The Board of Library Trustees shall have control and management of the Berkeley Public Library, including all branch libraries, and the use of the word "library" hereafter in this chapter shall mean the Berkeley Public Library and all branch libraries in the City. The board shall hold regular meetings at least once a month, at such time and place as they may fix by resolution.

B. Special meetings may be called at any time by the president or by any three trustees, by written notice served upon each member at least twenty-four hours before the time specified for the proposed meeting, or at any time by the president with the written consent of all the members. The notice of the special meeting shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at the meeting. The notice shall be served, personally or by mail, at least twenty-four hours before the meeting in those communications media organizations requesting notice in writing. (Ord. 4861-NS § 1, 1976; Ord. 2278-NS § 3, 1939)

The City Council shall, at the request of the Board of Library Trustees, in making the annual tax levy and as a part thereof, levy a tax for the purpose of maintaining such library, paying all salaries and wages, and purchasing books, journals, periodicals and other supplies, and such other expenditures as are necessary to properly operate the libraries. (Ord. 2278-NS § 4, 1939)

There is created a fund to be known as the "library fund," which shall be kept separate and apart from other funds. All money or revenue collected or received for library purposes, whether by taxation, gift, devise, bequest or otherwise, shall be paid into the City treasury and deposited in said fund, and is to be used and applied only for the purpose herein authorized; provided, however, if the payment into the City treasury of any money or property derived by donation or bequest be inconsistent with the terms of such donation or bequest, the Board of Trustees shall provide for the safety and preservation of the same and the application thereof to the use of such library in accordance with the terms and conditions of such donation or bequest. (Ord. 2278-NS § 5, 1939)

The title to all property, real and personal, now owned or hereafter acquired by purchase, donation, bequest or otherwise for the purpose of such library, when not inconsistent with the terms of its acquisition, shall vest in and be and remain in the City, and, in the name of said City, may be sued for and defended by action at law, or otherwise. (Ord. 2278-NS § 6, 1939)

The Board of Library Trustees, by a majority vote of all its members, as herein provided, to be recorded in the minutes with the ayes and noes at length whenever there is a division, shall have power:

A. To make and enforce all rules, regulations and bylaws necessary for the administration, government and protection of such library, and all property belonging thereto or that may be loaned, devised, bequeathed or donated to the same;

B. To administer any trust declared or created for such library and to provide memorial tablets and niches to perpetuate the memory of those persons who may make valuable donations thereto;

C. To purchase necessary books, journals, publications and other supplies and personal property;

D. To appoint officers and employees of the library, either full-time or part-time, as may be necessary to adequately conduct the business of the library, said officers and employees to hold office at the pleasure of the board; to fix the salaries and wages thereof within the salary ranges established by resolution of the City Council, and to prescribe the duties and powers of such officers and employees;

E. To recommend to the City Council the purchase or lease of real property and the erection, rental or acquisition of such building or buildings, room or rooms as may be necessary when, in its judgment, a suitable building, or portion thereof, has not been provided by the council;

F. To do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. (Ord. 3639-NS (part), 1958; Ord. 2278-NS § 8, 1939)

The Board of Library Trustees shall, on or before the last day of July in each year, make a report to the City Council, giving the condition of the library on the thirtieth day of June preceding, together with a summary of their proceedings for the year then ended, and shall make such other reports and furnish such information as may be requested by the City Council from time to time. (Ord. 2278-NS § 9, 1939)