Library Board of Trustees

22-1-308. Public library -- board of trustees. (1) Upon the establishment of a public library under the provisions of this part, the mayor, with the advice and consent of the city council or city commissioners, shall appoint a board of trustees for the city library and the chairman of the board of county commissioners, with the advice and consent of said board, shall appoint a board of trustees for the county library.
     (2) The library board shall consist of five trustees. Not more than one member of the governing body shall be, at any one time, a member of such board.
     (3) Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.
     (4) Trustees shall hold their office for 5 years from the date of appointment and until their successors are appointed. Initially, appointments shall be made for 1-, 2-, 3-, 4-, and 5-year terms. Annually thereafter, there shall be appointed before July 1 of each year in the same manner as the original appointments for a 5-year term, a trustee to take the place of the retiring trustee. Trustees shall serve no more than two full terms in succession.
     (5) Following such appointments, in July of each year, the trustees shall meet and elect a chairman and such other officers as they deem necessary, for 1-year terms. Vacancies in the board of trustees shall be filled for the unexpired term in the same manner as original appointments.

History: En. Sec. 4, Ch. 260, L. 1967; R.C.M. 1947, 44-221

22-1-707. Duties and powers of board of trustees. (1) The board of trustees of a public library district shall:
     (a) operate and maintain library property within the district and may conduct programs relating to libraries and make improvements to district property as the board considers appropriate;
     (b) prepare annual budgets as required by the county governing body or bodies;
     (c) pay necessary expenses of district staff members when on business of the district; and
     (d) prepare and submit any records required by the Montana state library.
     (2) The board has all powers necessary for the betterment, operation, and maintenance of library property within the territory of the public library district, including establishing library locations. In the exercise of this general grant of powers, the board may:
     (a) (i) employ or contract with administrative, professional, or other personnel necessary for the operation of the district; or
     (ii) contract with other entities to provide or receive library services and to pay out or receive funds for those library services;
     (b) lease, purchase, or contract for the purchase of personal property, including property that after purchase constitutes a fixture on real property;
     (c) (i) lease, purchase, or contract for the purchase of buildings and facilities on lands controlled by the district and may own and hold title to the buildings and facilities and equip, operate, and maintain the buildings and facilities; or
     (ii) receive by transfer, conditionally or otherwise, from a county or city, the ownership or control of a library building, with all or any part of its property, provided that any existing debt of the governing body transferring the interest tied to the property must remain an obligation of the governing body and may not become an obligation of the district;
     (d) adopt by resolution bylaws and rules for the operation and administration of the district;
     (e) subject to 15-10-420, establish a property tax mill levy for the operation of the district as provided in 22-1-708;
     (f) with the concurrence of the county governing body or bodies, accept donations of land or facilities within the district to be used for district purposes;
     (g) accept donations and devises of money or personal property;
     (h) establish a library depreciation reserve fund as authorized and described in 22-1-716; and
     (i) exercise other powers, not inconsistent with the law, necessary for the operation and management of the district.

History: En. Sec. 7, Ch. 92, L. 2001; amd. Sec. 6, Ch. 203, L. 2005