Colorado § 24-90-108 - Board of trustees of public libraries.

§ 24-90-108. Board of trustees of public libraries.

(1) The management and control of any library established, operated, or maintained under the provisions of this part 1 shall be vested in a board of not fewer than five nor more than seven trustees. Appointees to the library board of trustees shall be chosen from the residents within the legal service area of the library.

(2) (a) In cities and towns the trustees shall be appointed by the mayor with the consent of the legislative body.

(b) In counties the trustees shall be appointed by the board of county commissioners.

(c) In a library district established by only one governmental unit, the legislative body of the governmental unit shall decide the number of its members to be appointed to the committee formed to appoint the initial board of trustees in accordance with the requirements of this paragraph (c). In a library district established by more than one governmental unit, the legislative body of each participating governmental unit shall appoint two of its members to a committee that shall appoint the initial board of trustees. Thereafter, any such legislative body or bodies may either continue such a committee or delegate to the board of trustees of the library district the authority to recommend new trustees. Trustee appointments shall be ratified by a two-thirds majority of the legislative body; except that the failure of a legislative body to act within sixty days upon a recommendation shall be considered a ratification of such appointment.

(d) In school districts the trustees shall be appointed by the school board.

(e) For joint libraries, the trustees shall be appointed by the legislative bodies of the participating governmental units unless otherwise specified in the contract.

(3) (a) The first appointments of such boards of trustees shall be for terms of one, two, three, four, and five years respectively if there are five trustees, one for each of such terms except the five-year term for which two shall be appointed if there are six trustees, and one for each of such terms except the four-year and five-year terms for each of which two shall be appointed if there are seven trustees. Thereafter, a trustee shall be appointed for the length of term specified by the legislative body or, in the case of a library district, by the bylaws adopted by its board of trustees. The number of terms a trustee may serve shall be specified by the legislative body or, in the case of a library district, by the bylaws adopted by its board of trustees.

(b) Vacancies shall be filled for the remainder of the unexpired term as soon as possible in the manner in which trustees are regularly chosen.

(4) A trustee shall not receive a salary nor other compensation for services as a trustee, but necessary traveling and subsistence expenses actually incurred may be paid from the public library fund.

(5) A library trustee may be removed only by a majority vote of the appointing legislative body or bodies, but only upon a showing of good cause as defined in, but not limited to, the bylaws adopted by the board.

(6) The board of trustees, immediately after their appointment, shall meet and organize by the election of a president and a secretary and such other officers as deemed necessary.

Source: L. 79: Entire article R&RE, p. 987, § 1, effective July 1. L. 80: (1) amended, p. 619, § 6, effective July 1. L. 90: (1), (2)(c), (3)(a), and (5) amended and (2)(e) added, p. 1297, § 4, effective July 1. L. 2003: (1), (2)(c), and (3)(a) amended, p. 2449, § 9, effective August 15. L. 2009: (2)(c) amended, (HB 09-1072), ch. 74, p. 264, § 5, effective August 5.

Editor's note: This section is similar to former § 24-90-114 as it existed prior to 1979.

ANNOTATION

Court may review existence of good cause for removal of a trustee under subsection (5). High Plains Library Dist. v. Kirkmeyer, 2015 COA 91, 370 P.3d 254.

For case under former provision relating to board of directors of city library, see People ex rel. Lamb v. Shaffer, 90 Colo. 432, 9 P.2d 612 (1932).