51-202. City or village library; library board; members; elected or appointed; terms; vacancies, how filled.

(1) When any city council or village board decides by ordinance to establish and maintain a public library and reading room under sections 51-201 to 51-219, the city council or village board shall establish a library board. The library board shall have at least five members. Neither the mayor nor any member of the city council or village board shall be a member of the library board. Except as otherwise provided in subsection (2) of this section, the city council or village board shall by ordinance determine the number of members, whether the members are elected or appointed, and the length of the terms of the members. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and the city council or village board shall provide for the appointment or election of their successors. In cases of vacancies by resignation, removal, or otherwise, the city council or village board shall fill such vacancy for the unexpired term. No member shall receive any pay or compensation for any services rendered as a member of the board.

(2) If the city council or village board by ordinance provides for appointment of the members to the library board, such library board members shall be appointed by a majority vote of the members of the city council or village board. If an interlocal agreement, a memorandum of understanding, or any other contractual agreement between the city or village and another political subdivision providing for library services allows representation from the other political subdivision on the library board from outside the city or village, the governing board of the other political subdivision may appoint one or more members to the library board as provided in the interlocal agreement, memorandum of understanding, or other contractual agreement.

(3) If the city council or village board adopts an ordinance to provide for the election of library board members at municipal elections in April, it shall follow the statutes governing municipal elections. If the municipal election is to be held in conjunction with the statewide primary election, the election shall be held as provided in the Election Act. If the board members are to be elected, the city council or village board shall give public notice of such election after the adoption of such ordinance naming the offices to be filled, the length of terms, and the filing deadline for the placing of names of candidates on the ballot.

Source:Laws 1911, c. 73, § 2, p. 314; R.S.1913, § 3793; Laws 1919, c. 120, § 2, p. 286; Laws 1921, c. 233, § 1, p. 831; C.S.1922, § 3186; C.S.1929, § 51-202; R.S.1943, § 51-202; Laws 1961, c. 254, § 1, p. 748; Laws 1967, c. 329, § 1, p. 874; Laws 1972, LB 661, § 78; Laws 1973, LB 555, § 1; Laws 1981, LB 194, § 1; Laws 1994, LB 76, § 569; Laws 1997, LB 250, § 16.

Cross References

51-203. County or township library; board; members; election or appointment; terms; vacancies; how filled.

When the county board of any county or the electors of any township vote to establish and maintain a public library, the county board or the township board shall establish a library board. The library board shall have at least five members. No member of the county board or township board shall be a member of the library board. The county board or township board shall determine by resolution the number of members, whether the members are elected or appointed, and the length of the terms of the members. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and the county board or township board shall provide for the appointment or election of their successors. Such county or township board shall have the power to fill for the unexpired term any vacancy which may occur in the county or township library board. No member shall receive any pay or compensation for any services rendered as a member of such board.

If the county board or township board provides for appointment of the members to the library board, such library board members shall be appointed by a majority vote of the members of the county board or township board. If the county board or township board provides for the election of library board members, the election shall be held in conjunction with the statewide primary election as provided in the Election Act and the county board or township board shall give public notice of such election after the adoption of such resolution naming the offices to be filled, the length of terms, and the filing deadline for the placing of names of candidates on the ballot.

Source:Laws 1911, c. 73, § 3, p. 314; R.S.1913, § 3794; Laws 1919, c. 120, § 3, p. 287; C.S.1922, § 3187; C.S.1929, § 51-203; R.S.1943, § 51-203; Laws 1997, LB 250, § 17.

Cross References

51-204. Library board; organization; officers; quorum.

The members of any city, village, county, or township library board shall immediately after their appointment meet and organize by electing from their number a president, secretary, and such other officers as may be necessary. A majority of the members of a city, village, county, or township library board shall constitute a quorum for the transaction of business.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 148; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-204; Laws 1997, LB 250, § 18.
51-205. Library board; bylaws, rules, and regulations.

The library board shall have the power to make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the library and reading room as it may deem expedient, not inconsistent with sections 51-201 to 51-219.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-205; Laws 1997, LB 250, § 19.
51-206. Library board; mortgages; release or renewal.

The president shall have the power to release, upon full payment, any mortgage constituting a credit to the library fund and standing in the name of such library board. The signature of the president on any such release shall be authenticated by the secretary of the board. The president and secretary in like manner, upon resolution duly passed and adopted by the board, may renew any such mortgage.

Source:Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-206.
51-207. Library board; funds; buildings; custody and control.

The library board shall have exclusive control of expenditures, of all money collected or donated to the credit of the library fund, of the renting and construction of any library building, and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 421; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-207.
51-208. Library board; use of library for city or school purposes; contracts.

The library board of any public library may contract with the city council of any city, with the trustees of any incorporated village, with the county board of the county in which such library is located or of any adjacent county, or with the directors of any school district, to furnish the use and privilege of its library to the inhabitants of such city, village, county, township or school district, to the extent and upon such terms as may be agreed upon.

Source:Laws 1911, c. 73, § 4, p. 315; R.S.1913, § 3795; C.S.1922, § 3188; Laws 1923, c. 148, § 1, p. 363; Laws 1925, c. 38, § 1, p. 149; C.S.1929, § 51-204; Laws 1941, c. 103, § 1, p. 422; C.S.Supp.,1941, § 51-204; R.S.1943, § 51-208.
51-209. Public library; funds; disbursements; sinking fund; bonds.

All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance, or support of any public library shall be kept for the use of the library separate and apart from all other funds of the city, village, county, or township, shall be drawn upon and paid out by the treasurer of such city, village, county, or township upon vouchers signed by the president of the library board and authenticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner.

The city, village, county, or township may establish a public library sinking fund for major capital expenditures.

The county may issue bonds for library purposes pursuant to Chapter 10.

Source:Laws 1911, c. 73, § 5, p. 315; R.S.1913, § 3796; C.S.1922, § 3189; C.S.1929, § 51-205; R.S.1943, § 51-209; Laws 1997, LB 250, § 20.
51-210. Library board; building sites; acquisition; procedure.

Every library board created under sections 51-201 to 51-219 shall have power to purchase or lease grounds, to exercise the power of eminent domain, and to condemn real estate for the purpose of securing a site for a library building. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:Laws 1911, c. 73, § 6, p. 316; R.S.1913, § 3797; Laws 1917, c. 86, § 1, p. 223; C.S.1922, § 3190; C.S.1929, § 51-206; R.S.1943, § 51-210; Laws 1951, c. 101, § 100, p. 494; Laws 1971, LB 560, § 1; Laws 1997, LB 250, § 21.
51-211. Library board; general powers and duties; governing body; duty; discrimination prohibited.

(1) The library board may erect, lease, or occupy an appropriate building for the use of a library, appoint a suitable librarian and assistants, fix the compensation of such appointees, and remove such appointees at the pleasure of the board. The governing body of the county, city, or village in which the library is located shall approve any personnel administrative or compensation policy or procedure before implementation of such policy or procedure by the library board.

(2) The library board may establish rules and regulations for the government of such library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency. The library board may fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to the library grounds, rooms, books, or other property, for failure to return any book, or for violation of any bylaw, rule, or regulation and fix and impose reasonable fees, not to exceed the library's actual cost, for nonbasic services. The board shall have and exercise such power as may be necessary to carry out the spirit and intent of sections 51-201 to 51-219 in establishing and maintaining a public library and reading room.

(3) The public library shall make its basic services available without charge to all residents of the political subdivision which supplies its tax support.

(4) No service shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status.

Source:Laws 1911, c. 73, § 6, p. 316; R.S.1913, § 3797; Laws 1917, c. 86, § 1, p. 223; C.S.1922, § 3190; C.S.1929, § 51-206; R.S.1943, § 51-211; Laws 1990, LB 1236, § 2; Laws 1997, LB 250, § 22; Laws 2012, LB470, § 2.
51-212. Public library; use and purpose.

Except as provided in section 51-211, every library and reading room supported by public tax shall be forever free to the use of the inhabitants of the city, village, county, or township maintaining such library, subject always to such reasonable regulations as the library board may adopt to render such library of the greatest use to the inhabitants of the city, village, county, or township. The board may exclude from the use of the library and reading rooms any person who willfully violates or refuses to comply with rules and regulations established for the government thereof.

Source:Laws 1911, c. 73, § 7, p. 316; R.S.1913, § 3798; C.S.1922, § 3191; C.S.1929, § 51-207; R.S.1943, § 51-212; Laws 1990, LB 1236, § 3.
51-213. Library board; annual report; contents.

The library board shall, on or before the second Monday in February in each year, make a report to the city council or village board or to the county or township board of the condition of its trust on the last day of the prior fiscal year. The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs, and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information, and suggestions as the library board may deem of general interest or as the city council or village, county, or township board may require. The report shall be verified by affidavit of the proper officers of the library board.

Source:Laws 1911, c. 73, § 8, p. 316; R.S.1913, § 3799; C.S.1922, § 3192; C.S.1929, § 51-208; R.S.1943, § 51-213; Laws 2004, LB 936, § 1.