City of LeClaire Municipal Code

CHAPTER 21

PUBLIC LIBRARY
AND LIBRARY BOARD OF TRUSTEES

21.01    PURPOSE.  The purpose of this chapter is to provide for the establishment
of a free public library in the City; to provide further for the creation of a library
board of trustees; and to establish such board’s powers and duties, its composition,
and the method of appointment of its members.

21.02    ESTABLISHMENT.  There is hereby established a free public library for the
City  to be known as the “LeClaire Community Library” (and referred to herein as
the “Library”).

21.03    LIBRARY BOARD OF TRUSTEES.  There is hereby created a Board of
Trustees of the Library (“Board”).  The Board shall consist of seven (7) members. 
All members of the Board shall be appointed by the Mayor with the approval of
the City Council.

21.04    QUALIFICATIONS OF TRUSTEES.  All members of the Board shall be
bona fide citizens and residents of the City, and all shall have attained the age
of eighteen (18) prior to the effective date of appointment.

21.05    ORGANIZATION OF THE BOARD.

1.                  Terms of Office.  Except as provided hereafter, all appointments to the Board
shall be for terms of six (6) years, and each term shall commence on July 1.  Of the
first seven (7) members appointed, three (3) shall be appointed for two (2) years,
two (2) for four (4) years, and two (2) for six (6) years.  The terms of the initial
appointees shall include the period beginning on the date of their formal appointments,
if such occur prior to July 1, 2000, and end on June 30 of the year in which their
respective terms of office would otherwise have normally expired.

2.                  Vacancies.  The position of any trustee shall be vacant if the trustee moves
permanently from the City, or if such trustee is absent from six (6) consecutive
regular meetings of the Board, except in the case of sickness or temporary absence
from the City.  Vacancies shall be filled by appointment of the Mayor, with the
approval of the Council, and the new trustee shall fill out the unexpired term for
which the appointment is made.

3.                  Compensation.  Trustees shall receive no compensation for their services.

21.06    POWERS AND DUTIES.   The Board shall have and exercise the following
powers and duties:

1.                  Meet and elect from its members a President, a Secretary and such other
officers as it deems necessary.  The City Clerk shall serve as Board Treasurer, but
shall not be a member of the Board.

2.                  Have charge, control and supervision of the Library, its appurtenances,
fixtures, and rooms containing the same.

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 for
procedures for the removal of assistants or employees for misdemeanor, incompetence
or inattention to duty, subject however, to the provisions of Chapter 35C of the Code
of Iowa.

6.                  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 nonresidents and to 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, personal, or mixed property, and devises and bequests,
including trust funds; to take title to said property in the name of the Library; to execute
deeds and bills of sale for the conveyance of said property; and to 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 Council.

13.              Have authority to make agreements with the local county historical associations,
where such exist, 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 which
are in their judgment of a historical and educational nature and pay for the same out of funds
allocated for library purposes.

14.              Present an annual budget request to the City Council for the ensuing fiscal year in
accordance with the timetable adopted by the Council for submitting such requests.

21.07    CONTRACTING WITH OTHERS FOR USE OF THE LIBRARY.

1.                  Contracting.  The Board may contract with any other boards of trustees of free public
libraries of any other city, school 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 five
percent (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
sixty (60) days before the election.  The proposition may be submitted at any election provided
by law that is held in the territory of the party seeking to terminate the contract.

21.08    NONRESIDENT USE.  The Board may authorize the use of the library by nonresidents in
any one or more of the following ways:

1.                  By lending books or other materials of the library to nonresidents on the same terms and
conditions as apply to residents of the City, or upon payment of a special nonresident library fee.

2.                  By establishing depositories of library books or other materials to be loaned to nonresidents.

3.                  By establishing bookmobiles or a traveling library so that books or other library materials
may be loaned to nonresidents.

4.                  By establishing branch libraries for lending books or other library materials to nonresidents.

21.09    LIBRARY ACCOUNT.  All money appropriated by the Council for the operation and
maintenance of the library irrespective of its funding source shall be set aside in an account
for the library.  Expenditures shall be paid for only on orders of the Board, signed by its President
and Secretary.  The City Clerk will issue checks.

21.10        ANNUAL REPORT.  The Board shall make a report to the Council immediately after the
close of the fiscal year. This report shall contain statements concerning the condition of
the library and its activities, the number of holdings added thereto, the number circulated,
and other statistical information as may be deemed appropriate by the Board, together with
such further information as may be required by the Council.

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