2023 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. 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.
9. 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.