NY Educ L § 255 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 2 - Libraries 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; andc. 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.