NY Educ L § 260 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 2 - Libraries 260 - Trustees.

§ 260. Trustees.  1.  Public libraries authorized to be established by   action of the voters  or  their  representatives  shall  be  managed  by   trustees  who shall have all the powers of trustees of other educational   institutions of the university as defined in this chapter; provided that   the number of trustees of county public libraries and  Indian  libraries   shall not be less than five nor more than fifteen and that the number of   trustees  of other public libraries shall not be less than five nor more   than  fifteen.  The  number  of  trustees  of  joint  public   libraries   authorized  to be established by two or more municipalities or districts   or any combination thereof shall be not less than  five  nor  more  than   twenty-five,  as  determined by agreement of the voting bodies empowered   to authorize the establishment of such libraries pursuant to subdivision   one of section two hundred fifty-five of this chapter and shall  be  set   forth  in  the  resolution  authorizing  the establishment of such joint   public library. Such resolution shall also set forth the number of  such   trustees  which  each  of  the participating municipalities or districts   shall be entitled to elect or appoint, and the terms of  office  of  the   trustees  as  determined  in  accordance  with subdivision three of this   section.2. The trustees of public libraries authorized to  be  established  by   cities  shall  be  appointed  by  the  mayor and confirmed by the common   council, in counties they shall be appointed  by  the  county  board  of   supervisors  or other governing elective body, in villages they shall be   appointed by the village board of  trustees,  in  towns  they  shall  be   appointed  by  the town board, in school districts they shall be elected   by the legal voters in the same manner as trustees are  elected  in  the   school   district   which   established  said  library,  and  on  Indian   reservations they shall be elected  at  a  general  tribal  election  or   otherwise  designated by the chiefs or head men of an Indian tribe; that   notwithstanding the fact that county,  town  or  local  school  district   lines  do  not  penetrate  the reservation boundary, Indians residing on   reservations shall be eligible to serve as trustees of public  libraries   established in school districts to the same extent as they are qualified   voters pursuant to subdivision three of section twenty hundred twelve of   this chapter; that the first trustees shall determine by lot the year in   which  the  term  of  office of each trustee shall expire and that a new   trustee shall be elected or appointed annually to  serve  for  three  or   five  years  to  be  determined  by  the  entity establishing the public   library. Notwithstanding the foregoing provisions of  this  subdivision,   in  any  case  where  a town is a contributor to the support of any such   public library in a village located within the town the  appointment  of   trustees  of such library who reside outside the village but within such   town shall be subject to the approval of the town board  of  such  town.   The  charter  of  any  public  library granted prior to April thirtieth,   nineteen hundred twenty-one, which provides for trustees, their terms of   office and method of election or appointment in a manner differing  from   that  hereinbefore provided, shall remain in full force and effect until   the regents, upon application of the library trustees, shall  amend  the   charter  to  conform  to  the  provisions  of  law  in  effect when such   amendment is made.3. The trustees of a joint public library authorized to be established   by two or more municipalities or districts or  any  combination  thereof   shall  be appointed or elected by the body authorized by subdivision two   of this section  to  elect  or  appoint  trustees  of  public  libraries   authorized  to  be  established  by  such  municipality or district. The   number of such trustees to be  elected  or  appointed  by  each  of  the   participating   municipalities  or  districts  shall  be  determined  as   provided in subdivision one of this section. The term of office of  such    trustees shall be three or five years except that the terms of the first   trustees shall be so arranged that the terms of as nearly as possible to   one-third or one-fifth of the members shall expire annually.4.  No  person  who  is  a  member  of  any municipal council or board   authorized by this section to appoint public  library  trustees  in  any   municipality  shall  be  eligible  for the office of such public library   trustee in such municipality.5. The boards of trustees  of  public,  free  association  and  Indian   libraries  shall  hold  regular  meetings  at  least quarterly, and such   boards shall fix the day and hour for holding such meetings.6. The board of trustees of a library  system  or  a  public  or  free   association  library  chartered  by the regents of the state of New York   may determine to contribute annually a sum of money to  assist  the  New   York  State  Association of Library Boards in fostering, encouraging and   promoting the further development of library activities  throughout  the   state  and  financing  programs  in  this state which will assist in the   dissemination of information leading to the improvement and extension of   library services.7. The board of trustees of a public library established and supported   by a school district shall, in addition to powers conferred by  this  or   any  other chapter, be authorized in its discretion to call, give notice   of and conduct a special district meeting for the  purpose  of  electing   library  trustees and of submitting initially a resolution in accordance   with the provisions of subdivision one of section two hundred fifty-nine   of this chapter. Such meeting shall be held prior to the  first  day  of   July  but  subsequent  to  the  first  day of April. Should the board of   trustees of the library determine, in its discretion, not to notice  and   conduct  such  a  meeting,  then  the  election  and budget vote will be   noticed and conducted by the board of education of the  school  district   as part of its annual meeting.* 8.  Candidates  for  the  office  of  trustee  of  a  public library   established and supported by a school district  shall  be  nominated  by   petition  which  shall meet the requirements of subdivision a of section   two thousand eighteen of this chapter, except that such candidates shall   be elected in the manner specified in  subdivision  b  of  such  section   except that the nominating petition filed pursuant to subdivision a or b   of  such section shall be signed by a least twenty-five qualified voters   of the library district, or two percent of the voters who voted  in  the   last  previous  annual  election  of  members  of  the  library board of   trustees, whichever is greater. Except that for the  year  two  thousand   twenty-one,  nominating  petitions filed by candidates for the office of   trustee of a public  library  established  and  supported  by  a  school   district shall be signed by at least twenty-five qualified voters of the   library  district. The provisions of this subdivision shall not apply to   a charter granted prior to April thirtieth, nineteen hundred seventy-one   that provides for a different procedure.* NB Effective until December 31, 2021* 8. Candidates  for  the  office  of  trustee  of  a  public  library   established  and  supported  by  a school district shall be nominated by   petition which shall meet the requirements of subdivision a  of  section   two thousand eighteen of this chapter, except that such candidates shall   be  elected  in  the  manner  specified in subdivision b of such section   except that the nominating petition filed pursuant to subdivision a or b   of such section shall be signed by a least twenty-five qualified  voters   of  the  library district, or two percent of the voters who voted in the   last previous annual  election  of  members  of  the  library  board  of   trustees, whichever is greater. The provisions of this subdivision shall    not  apply  to  a  charter  granted  prior  to April thirtieth, nineteen   hundred seventy-one that provides for a different procedure.* NB Effective December 31, 20219. The board of trustees of a public library established and supported   by  a school district, in addition to any other powers conferred by this   chapter, may, in its discretion, call, give  notice  of  and  conduct  a   special  district meeting of the qualified voters of the school district   for any  proper  library  purpose,  including  the  re-submission  of  a   defeated  library  appropriation, at a time and place designated by said   board of trustees, except as to those purposes set forth in  subdivision   seven of this section.10.  The  board  of  trustees  of  a  public  library  established and   supported by  a  school  district,  in  addition  to  any  other  powers   conferred  in  this  chapter,  shall  have  the  power  to determine the   necessity for construction of library facilities, to  select  a  library   site or sites, to select the architect, and to require that the board of   education call, give notice of and conduct a special district meeting in   accordance  with  the provisions of subdivision nine of this section for   the purpose of designating and acquiring a site or sites and authorizing   the issuance of obligations of the school district for  acquisition  and   construction of library facilities, or either.11.  Whenever  the  board  of trustees of a public library shall call,   give notice of and conduct a special district meeting under  subdivision   seven  or  nine  of  this  section,  such  meeting shall be established,   noticed and conducted in the same manner and to the same extent as  such   meetings  were  theretofore  established,  noticed  and conducted by the   board of education of the school district, the board of trustees of  the   libraries making all the determinations and taking all action in respect   thereto  otherwise  required  of  the  board  of education of the school   district, except that the meeting need not, in  the  discretion  of  the   board of trustees of the library, be held in separate election districts   in those school districts where election districts have been established   by  the  board  of  education.  The  board of registration shall meet as   provided in section two thousand fourteen of this chapter and notice  of   the meeting shall be given in accordance with the provisions of sections   two  thousand  four  and two thousand seven of this chapter. The cost of   all such meetings and registrations shall be a charge to the library.12. The board of trustees of a  public,  free  association  or  Indian   library  which  provides public access to the internet shall establish a   policy governing patron use  of  computer  terminals  which  access  the   internet.  Verification  of  such policy shall be included in the annual   report submitted to the department.Notwithstanding any other provision of law, prior to the discarding of   used or surplus books or other such reading materials by trustees  of  a   chartered public, cooperative or free association library which receives   over  ten  thousand  dollars  in state aid, such trustees shall offer to   donate such books  or  materials  to  a  not-for-profit  corporation  or   political  subdivision  located within the area of the library system or   offer to sell such  books  or  materials  to  the  general  public.  The   trustees  shall retain any proceeds received from the sale of such books   and materials for the  purpose  of  maintaining  and  improving  library   service within the system.