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.

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