DC Code § 39-105 (2021)
2021 District of Columbia Code|Title 39 - Libraries and Cultural Institutions|Chapter 1 - Public Libraries|Subchapter I - General|§ 39-105. Board of Trustees — Duties; deposit of fines

(a) The Board of Library Trustees shall: (1) Have the authority to provide for the care and preservation of the library; (2) Determine the policy of the public library; (3) Have the authority to procure all goods and services necessary to operate the library system, independent of the Office of Contracting and the requirements of Chapter 3A of Title 2, except as specified in § 2-351.05, and in accordance with subsection (c) of this section; (4) Have the authority to establish rules necessary for the organization and governance of the Board it deems necessary; (5) Have the authority to establish rules necessary for the management of the library; (6) Have the authority to prescribe rules for borrowing and returning books; (7) Have the authority to fix, assess, and collect fines and penalties for the loss or injury to books and other library materials, and for the retention of books and other library materials beyond the period fixed by library rules; (8) Account for and control, under the rules of the library and the laws of the District of Columbia, the spending of all public funds received by the library; (9) Make an annual report to the Mayor and the Council of the District of Columbia on the operation of the public library on or before February 1st of each calendar year for the preceding fiscal year; (10) Select and appoint a professional librarian as librarian of the public library to supervise and manage the day-to-day operations of the library, in accordance with the provisions of Chapter 6 of Title 1. The librarian of the public library shall appoint assistants and employees the Board deems necessary for the proper operation of the library, in accordance with the provisions of subchapter VIII of Chapter 6 of Title 1; (11) Encourage and assist in the establishment of community support groups in the branch libraries which may advise the Board on library matters, gather information on the needs of the library, promote improvement of library services, and provide general support of library activities; (12) Meet at least once every 2 months; (13) Notwithstanding any other provision of law, the Board of Trustees of the District of Columbia Public Library is authorized to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the District of Columbia Public Library, with the prior review and approval of the Chief Financial Officer for the District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority; (14) Allow, subject to rules issued pursuant to paragraph (15) of this subsection, revenue-generating activities on District of Columbia Public Library property; provided, that: (A)(i) Revenue-generating activity conducted by the District of Columbia Public Library shall benefit the public but need not be related to library services as described in this chapter; and (ii) Revenue generated pursuant to this subparagraph shall be deposited in the DCPL Revenue Generating Services Fund, established pursuant to § 39-117; (B) Revenue-generating activity may be conducted by private users only with a permit granted by and at the discretion of the Board and after payment of a fee reasonably determined to cover the costs that will be incurred by the District of Columbia Public Library as a result of the activity; and (C) Private users conducting revenue-generating activity may solicit donations subject to Chapter 17 of Title 44 [§ 44-1701 et seq.]; (15) Within 90 days of July 27, 2015, issue rules to implement the provisions of paragraph (14) of this subsection; (16) Notwithstanding § 10-551.01, through its Chief Librarian or Executive Director or his or her designees, have the authority to: (A) Acquire, in consultation with the Department of General Services, real property by lease for use by the library, for a period not to exceed 5 years; (B) Issue revocable permits for short-term events, programs, and activities providing for the use of grounds and facilities under the jurisdiction of the Board of Library Trustees; (C) Negotiate and execute lease agreements providing for the use of the Martin Luther King Jr. Memorial Library; provided, that such agreements are for an initial term of no more than 5 years and permit the exercise of no more than 2 one-year options; and (D) Issue rules to implement the provisions of this paragraph; and (17)(A) Notwithstanding § 1-1162.31(b), or any other provision of the law, have the authority, through its Chief Librarian or Executive Director or his or her designees, to: (i) Promote, endorse, co-sponsor, solicit for, or collaborate with a charitable organization whose sole mission is to support the public library; (ii) Contract for advertisements for and sponsorships of the public library for programming and facilities improvements for the purpose of generating resources for the public library or a charitable organization that supports the public library; (iii) Sell tickets to select public library events or events benefitting a charitable organization whose sole mission is to support the public library; (B) Deposit revenue generated pursuant to subparagraph (A)(ii) and (iii) of this paragraph for the purpose of benefitting the public library into the DCPL Revenue-Generating Activities Fund in accordance with § 39-117; and (C) Issue rules to implement the provisions of this paragraph. (b) All monies received by the Board for fines and penalties shall be paid to the unrestricted fund balance of the General Fund of the District of Columbia. (c)(1) The Board may issue rules to govern its procurement. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day period, the proposed rules shall be deemed disapproved. (2) The Board may exercise procurement authority consistent with rules promulgated under this chapter until the Board promulgates rules under paragraph (1) of this subsection.  (June 3, 1896, 29 Stat. 244, ch. 315, § 5; Apr. 1, 1926, 44 Stat. 230, ch. 98,§ 5; Mar. 3, 1979, D.C. Law 2-139, § 3205(jjj), 25 DCR 5740; Sept. 5, 1985, D.C. Law 6-17, § 2, 32 DCR 3582; Apr. 12, 1997, D.C. Law 11-259, § 316, 44 DCR 1423; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 156; Mar. 2, 2007, D.C. Law 16-197, § 2, 53 DCR 8827; Mar. 3, 2010, D.C. Law 18-111, § 4041, 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 9054(c), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 217, 59 DCR 6190; Oct. 22, 2015, D.C. Law 21-36, § 4112(a), 62 DCR 10905; Oct. 30, 2018, D.C. Law 22-168, § 4052(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 4072(a), 66 DCR 8621.)  Prior Codifications 1981 Ed., § 37-105. 1973 Ed., § 37-105. Section References This section is referenced in § 1-636.02. Effect of Amendments D.C. Law 16-197, in subsec. (a)(1), deleted “provided, however, that contracting for the maintenance of the library and the erection or enlargement of library buildings shall be carried out by the Office of Contracting and Procurement on behalf of the Board;” following “of the library;”; rewrote subsec. (a)(3); and added subsec. (c). D.C. Law 18-111 rewrote subsecs. (a)(1), (3), and added subsec. (c). D.C. Law 19-21, in subsec. (b), substituted “unrestricted fund balance of the General Fund of the District of Columbia” for “District of Columbia Treasurer for credit to the public library’s Book Purchase Fund”. The 2012 amendment by D.C. Law 19-171 substituted “the requirements of Chapter 3A of Title 2, except as specified in § 2-351.05” for “the requirements of Unit A of Chapter 3 of Title 2, except as specified in § 2-303.20” in (a)(3). The 2015 amendment by D.C. Law 21-36 added (a)(14) and (15). Cross References Effective date provisions, see § 1-636.02. Emergency Legislation  For temporary (90 days) amendment of this section, see § 4072(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see § 4072(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see § 4052(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see § 4052(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).  For temporary (90 day) amendment of section, see § 2 of Library Procurement Emergency Amendment Act of 2006 (D.C. Act 16-483, October 18, 2006, 53 DCR 8645). For temporary (90 day) amendment of section, see § 2 of Library Procurement Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-661, December 28, 2006, 54 DCR 1114). For temporary (90 day) amendment of section, see § 2 of DCPL Procurement Emergency Amendment Act of 2009 (D.C. Act 18-93, May 20, 2009, 56 DCR 4311). For temporary (90 days) amendment of this section, see § 4112(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). Temporary Legislation Section 2 of D.C. Law 18-45, in subsec. (a), deleted all text following the semicolon in par. (1), and rewrote par. (3) to read as follows: “(3) Have the authority to procure all goods and services necessary to operate the library system, independent of the Office of Contracting and Procurement and the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.) (‘Act’), except as specified in section 320 of the Act, and in accordance with subsection (c) of this section;”.; and added subsec. (c) to read as follows: “(c)(1) The rules published at page 493 of volume 55 of the District of Columbia Register ( 55 DCR 493) are revived. The Board may exercise procurement authority consistent with rules published at page 493 of volume 55 of the District of Columbia Register ( 55 DCR 493) until the rules are amended or superseded. “(2) The Board may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day period, the proposed rules shall be deemed disapproved.”. Section 5(b) of D.C. Law 18-45 provided that the act shall expire after 225 days of its having taken effect. Short Title Short title: Section 4040 of D.C. Law 18-111 provided that subtitle E of title IV of the act may be cited as the “DCPL Procurement Amendment Act of 2009”. Editor's Notes Sunset provision: Section 4 of D.C. Law 16-197 provided: “This act shall expire 2 years after its effective date.” Sections 2, 3 and 5 of D.C. Law 18-368 provided: “Sec. 2. Definitions. “For the purposes of this act, the term: “(1) ‘Deed Transfer and Recordation Taxes’ means the revenue resulting from the imposition of the taxes under section 303 of the District of Columbia Deed Recordation Tax Act of 1962, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1103), and section 47-903 of the District of Columbia Official Code. “(2) ‘Developer’ means Eastbanc-W.D.C. Partners, LLC., its successors, affiliates, and assigns, either collectively or individually. “(3) ‘District Property’ means the West End Library Property, Special Operations/MPD Building Property, and the West End Fire Station Property, as defined in paragraph (9) of this section. “(4) ‘Fund’ means the West End Library and Fire Station Maintenance Fund established by section 4. “(5) ‘Fund Managers’ means the Chief Librarian of the District of Columbia Public Library and the Mayor. “(6) ‘LDDA’ means the Land Development and Disposition Agreement between the District and the Developer pursuant to the West End Parcels Disposition Approval Resolution of 2010, effective July 13, 2010 (Res.18-553; 57 DCR 7623). “(7) ‘Maintenance Agreement’ means a West End Library and Fire Station Maintenance Agreement by and among the Fund Managers, and Developer, or its successors, or assigns, and established pursuant to section 5. “(8) ‘Project’ means the acquisition, development, construction, installation, and equipping of the multi-use project to be located on the Property, to include: “(A) A new library, estimated to contain approximately 20,000 gross square feet; “(B) A new fire station, estimated to contain approximately 16,000 gross square feet; “(C) A residential building on Square 37 estimated to contain approximately 224,390 gross square feet with approximately 153 units; “(D) A residential rental building, including affordable housing units in Square 50, subject to public financial assistance; “(E) Retail space estimated to contain approximately 9,600 gross square feet; and “(F) Below-grade parking. “(9) ‘Property’ means the following parcels of land located in Squares 37 and 50 in the District: “(A) Square 37, Lot 836 (‘West End Library Property’); “(B) Square 37, Lot 837 (‘Special Operations/MPD Building Property’); “(C) Square 37, Lot 855 (‘Developer Property’); “(D) Square 50, Lot 822 (‘West End Fire Station Property’); and “(E) Related air rights parcels. “(10) ‘West End Fire Station’ means a new fire station in Square 50 in the West End to be constructed by the Developer pursuant to the LDDA. “(11) ‘West End Library’ means a new neighborhood branch library to be constructed in Square 37 in the West End by the Developer pursuant to the LDDA. “Sec. 3. Authorization. “(a) Notwithstanding any statutory and regulatory process established regarding contracting and procurement, the District of Columbia Board of Library Trustees is authorized to procure the services of Developer for the design, development, and construction of that portion of the Project to include the West End Library, subject to a cost cap as established pursuant to agreement between the District and Developer. “(b) Notwithstanding any statutory regulatory process established regarding contracting and procurement, the Mayor is authorized to procure the services of Developer for the design, development, and construction of that portion of the Project to include the West End Fire Station, subject to a cost cap as established pursuant to agreement between the District and Developer. “(c)(1) The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and the Procurement Practices Reform Act of 2010, passed on 2nd reading on December 7, 2010 (Enrolled version of Bill 18-610), shall not apply to the procurement authorized under subsections (a) and (b) of this subsection. “(2) The regulations set forth in Chapter 43 of Title 19 and Title 27 of the District of Columbia Municipal Regulations shall not apply to the procurement authorized under subsections (a) and (b) of this subsection.” “Sec. 5. West End Library and Fire Station Maintenance Agreement. “(a) Notwithstanding any other provision of law, the Mayor and the Board of Library Trustees are authorized to enter into a maintenance agreement with a contractor to provide supplemental maintenance services to the West End Library and West End Fire Station in order to: “(1) Maintain the cleanliness and operability of the exterior facade of the West End Fire Station and West End Library to at least the same standards as the larger buildings of which they are a part; “(2) Maintain the cleanliness and operability of the interior of the West End Fire Station and West End Library, including lighting, window coverings, floors and floor coverings, bathrooms and other public spaces, FF&E, and the HVAC systems to at least the same standards as the larger buildings of which they are a part; (3) Pay for supplemental external building and grounds maintenance; “(4) Pay for property, casualty, and liability insurance (premiums and deductibles) attributable to the new library and fire station components of the Project (including common elements); and “(5) Provide a capital replacement reserve for the new library and the new fire station as determined to be needed by the Chief Librarian of the District of Columbia Public Library and the Mayor. “(b)(1) The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and the Procurement Practices Reform Act of 2010, passed on 2nd reading on December 7, 2010 (Enrolled version of Bill 18-610), shall not apply to the Maintenance Agreement. “(2) The regulations set forth in Chapter 43 of Title 19 and Title 27 of the District of Columbia Municipal Regulations shall not apply to the Maintenance Agreement.” Applicability of D.C. Law 21-36: Section 4113 of D.C. Law 21-36 provided that section 4112 of the act shall apply as of March 25, 2015. Resolutions Resolution 17-263, the “Library Procurement Regulations Approval Resolution of 2007”, was approved effective July 10, 2007.