N.Y. Education Law § 255: Establishment of a public library

§ 255. Establishment of a public library. 1. By a majority vote at any

election, or at a meeting of the electors duly held, any county, city,

village, town, school district or other body authorized to levy and

collect taxes; or by vote of its board of supervisors or other governing

elective body any county, or by vote of its common council or by action

of a board of estimate and apportionment or other proper authority any

city, or by vote of its board of trustees any village, or by vote of its

town board any town, or any combination of such voting bodies, may

individually or jointly authorize the establishment of a public library

with or without branches, and may appropriate money raised by tax or

otherwise to equip and maintain such library or libraries or to provide

a building or rooms for its or their use. Any such municipality or

district may acquire real or personal property for library purposes by

gift, grant, devise, bequest or condemnation and may take, buy, sell,

hold and transfer either real or personal property for public library

purposes. Whenever twenty-five taxpayers shall so petition, the question

of providing library facilities shall be voted on at the next election

or meeting at which taxes may be voted, provided that due public notice

of the proposed action shall have been given. Whenever the electors of a

school district at a district meeting duly held shall have authorized

the establishment of a public library under the provisions of this

section, at such meeting or at any subsequent meeting duly held, they

may determine by a majority of the voters present and voting on the

proposition to levy a tax to be collected in installments for the

purchase or condemnation of a site and the erection thereon of a library

building or the erection of a library building on land acquired

otherwise than by purchase or condemnation, or for the purchase of land

and a suitable building thereon and make necessary alterations and

additions and equip such building for use as a library.

2. Upon the request of a majority of the members of the boards of

trustees of two or more libraries chartered by the regents, if it shall

appear to the satisfaction of the commissioner that the establishment of

a cooperative library system will result in improved and expanded

library service to the area and that the area is suitable for the

establishment of such a cooperative library system, the commissioner may

call a joint meeting of the trustees of such libraries for the purpose

of determining whether a cooperative library system shall be established

and electing a board of trustees of such cooperative library system. If

it shall appear to the commissioner that the area proposed for the

cooperative library system is not sufficient to warrant the

establishment of such system; that such area is not otherwise suitable

or that for sufficient other reason such cooperative library system as

proposed should not be established he shall disapprove such request.

a. Notice of such meeting shall be given by the commissioner to each

trustee by mail to his last known address at least five days prior to

such meeting. At such meeting the board of trustees of each library

participating shall have five votes.

b. Such meeting shall be called to order by the person designated by

the commissioner and shall thereupon organize by the election of a

chairman. At such meeting a resolution in substantially the following

form shall be presented for the action of the meeting: "Resolved that a

cooperative library system be established consisting of the following

libraries chartered by the regents ............... (name libraries) for

the purpose of expanding and improving library service in the area

served by the above named libraries."

c. If the resolution described above is adopted, then the meeting

shall proceed to elect a board of trustees of such library system to

consist of not less than five nor more than twenty-five members as

determined by the meeting.

d. Within one month after taking office, the trustees-elect shall

apply to the regents for a charter as a cooperative library system.

e. The board of trustees shall manage and control such cooperative

library system and shall have all the powers of trustees of other

educational institutions in the university as defined in this chapter.

Such board shall elect a president, secretary and treasurer. Before

entering upon his duties, such treasurer shall execute and file with the

trustees an official undertaking in such sum and with such sureties as

the board shall direct and approve. The treasurer need not be a member

of such board. The funds of the cooperative library system shall be

deposited in a bank or banks designated by the board of trustees and

shall be expended only under the direction of such trustees upon

properly authenticated vouchers.

f. The term of office of trustees shall be either three or five years

except that the members of the first board of trustees shall determine

by lot the year in which the term of office of each trustee shall expire

so that as nearly as possible the terms of either one-third or one-fifth

of the members of such board will expire annually. Thereafter, the

successors of such trustees shall be elected annually by a meeting of

the trustees of the participating libraries in the cooperative library

system. Where the term of office of a trustee is five years, no trustee

shall hold office consecutively for more than two full five year terms

and where the term of office of a trustee is three years, no trustee

shall hold office consecutively for more than three full three year

terms. Provided further, however, years served by a trustee appointed to

fill an unexpired term shall not count towards the term limit. Such

meeting shall be called by the secretary of the cooperative library

system who shall give notice to all the trustees of participating

libraries in the manner provided in subparagraph a of this subdivision

for giving notice of the meeting to authorize the establishment of such

cooperative library system. Within one month after approving a change in

the length of the term of office of trustees, the trustees shall apply

to the regents for an amendment to the charter of the cooperative

library system. Such change in the length of the term of office of

trustees shall not take effect until such charter amendment is approved

by the regents. Any cooperative library system that changes the length

of the term of office of trustees pursuant to this paragraph, may

appoint an individual for a shorter term in order to ensure that as

nearly as possible, an equal number of trustees shall be elected to the

board each year, with the trustees assigned such shorter terms

determined by lot, and provided further that the term of office of each

incumbent member of the board shall not be decreased thereby.

g. A contract may be entered into between the board of trustees of a

cooperative library system and the department under which the state

library will provide services, facilities and staff to the cooperative

library system upon terms agreed upon by and between the parties to such

contract.

h. Nothing herein contained shall be deemed to deprive any

participating library of its property.

i. The board of trustees of any library chartered by the regents which

is not participating in a cooperative library system may adopt a

resolution requesting that such library become a participating library

in a cooperative library system. Duplicate copies of such resolution

certified by the clerk of such board of trustees shall be filed with the

board of trustees of the cooperative library system. If such board

approve such resolution such approval shall be endorsed thereon and a

copy thereof shall be filed with the commissioner. Upon such resolution

being approved by the commissioner such additional library shall become

a participating library in such system and shall have the same rights,

duties and privileges as other libraries participating therein.

j. The participating libraries in such library system shall be those

libraries, members of the boards of trustees of which join in

petitioning the commissioner to call the meeting for the establishment

of the cooperative library system pursuant to this section, and who are

named in the resolution voted upon by such meeting and in the charter of

the library system.

k. The board of trustees of each public library system shall meet no

fewer than six times a year.

3. Trustees of a reference and research library resources system shall

have those powers set forth in section two hundred twenty-six of this

article with respect to trustees of corporations chartered by the

regents, and in addition shall have the following powers and duties:

a. The board of trustees of a reference and research library resources

system shall include at least one representative of each constituent

public library system, at least one representative of the member

academic library with the largest collection, and at least two

nonlibrarians from the research community served by the system.

b. The term of office of trustees shall be five years except that the

members of the first board of trustees shall determine by lot the year

in which the term of office of each trustee shall expire so that as

nearly as possible the terms of one-fifth of the members of such board

will expire annually. Thereafter, the successors of such trustees shall

be elected annually by a meeting of the designated representatives of

the member institutions participating in the reference and research

library resources system. No trustee shall hold office consecutively for

more than two full terms. Such annual meeting shall be called by the

secretary of the reference and research library resources system who

shall give notice to all the participating libraries by mail at least

five days prior to such meeting.

c. The board of trustees shall meet no fewer than six times a year.

4. By a majority vote of the tribal government of an Indian

reservation, or upon the request of the tribal government of an Indian

reservation, an Indian library may be established, with or without

branches, and may make application to the state or other source for

money to equip and maintain such library or libraries or to provide a

building or rooms for its uses. Notwithstanding the provisions of

section seven of the Indian law, the board of trustees of such library,

on behalf of the tribal government, may acquire real or personal

property for use by an Indian library by gift, grant, devise, bequest

and may take, buy, sell, hold and transfer either real or personal

property for the purposes of such library. No more than one Indian

library may be established on a reservation and such library shall serve

all inhabitants of that reservation. No such library shall be

established on any reservation that has fewer than three hundred

permanent residents and one thousand acres of land.

5. The boards of trustees of any two, or more, public libraries,

Indian libraries, reference and research library resources systems,

cooperative library systems, or association libraries, as defined in

this article, may pool surplus funds to be used for the purchase of

certificates of deposit in any bank or trust company, provided that such

certificate of deposit be secured by a pledge of obligations of the

United States of America, or any obligation fully guaranteed or insured

as to interest and principal by the United States of America acting

through an agency, subdivision, department or division thereof, or

obligations of the state of New York. Each participating public library,

Indian library, reference and research library resources system,

cooperative library system or association library shall be entitled to

its pro-rata share of interest earned on such certificates in proportion

to its contribution to the purchase price of such certificates.

6. The board of trustees of any two, or more, public libraries, public

library systems, reference and research library resources systems, as

defined in this chapter, shall have the power to enter into, amend,

cancel and terminate agreements for performance among themselves or one

for the other of their respective functions, for the purpose of

cooperatively advertising and awarding bids for equipment, supplies and

services, provided:

a. such advertising and awards have been made in accordance with the

requirements of article five-A of the general municipal law;

b. the purchasing and making of contracts shall be subject to general

laws applicable thereto; and

c. that any such agreements shall include a manner of responding for

any liabilities that might be incurred in the operation of the joint

service or agreement.