Oklahoma § 65-4

§ 65-4.

Repealed by Laws 1953, p. 319, § 8.

§65-4-101. Authority for establishment.

Counties, cities and towns are hereby authorized and empowered

to join in creation, development, operation and maintenance of

public libraries to serve multicounty systems, and to appropriate

and allocate funds for the support of such systems. Such systems

shall provide equitable library services to all persons in the

district.

To insure the effective development of library service in all

rural and urban areas, the creation and organization of library

systems and the district to be served shall be subject to approval

by the Oklahoma Department of Libraries Board in accordance with the

provisions of Article X, Section 10A of the Oklahoma Constitution.

After establishment, library systems shall be subject to

accreditation by the Oklahoma Department of Libraries Board.

Parts of an adjacent county may be added to or included in

multicounty systems if these additions are determined by agreement

of the system board, the petitioning parties, and the Oklahoma

Department of Libraries Board to be the most feasible way to provide

public library services to such part of a county.

Special levies of any and all taxes authorized to be levied by

counties, cities and towns under this and other Oklahoma Statutes as

amended and the Oklahoma Constitution as amended are hereby

authorized to be levied for support of library systems.

When any multicounty system is established under provisions of

this act, existing public libraries in the district may be

incorporated into the system under a unified administration by act

of local governing bodies or vote of the people as provided in the

procedure for establishment. Existing public libraries not

incorporated into the system shall have the same relationship to the

system as similar public libraries outside the district have to the

local system and to other systems.

Added by Laws 1967, c. 45, § 4-101, emerg. eff. April 6, 1967.

Amended by Laws 1992, c. 322, § 7, eff. July 1, 1992.

Oklahoma Statutes - Title 65. Public Libraries

§65-4-102. Procedure for establishment and termination.

A library system may be created by resolution or ordinance

approved by the boards of county commissioners or by the governing

bodies of all cities or towns of two thousand (2,000) or more

according to the latest U.S. Census within the proposed district, or

by the county seat town if no city or town within a county has a

population of at least two thousand (2,000), subject to approval by

the Oklahoma Department of Libraries Board. Such resolution and

ordinances shall specify the type of system to be created, the

district to be served, organization of the governing board of the

system, proposed financing including agreement to call for a vote of

the people as necessary for special tax levies, and shall constitute

application for approval by the Oklahoma Department of Libraries

Board when submitted to the Board.

A library system may be created upon initiative of the county,

city and town governing bodies concerned, or upon presentation of

petitions to the board of county commissioners of each county signed

by not less than ten (10%) percent of of the qualified electors of

each county voting in the latest preceding general election. Upon

receipt of such petitions, the board of county commissioners of each

county shall forthwith call for a countywide vote on the proposed

library system.

When approval of the proposed system is granted by the Oklahoma

Department of Libraries Board, the county, city and town governing

bodies shall proceed with appointment of the system board and

financing.

After appointment of the governing board of the library system,

it may request demonstration library services by the Oklahoma

Department of Libraries before approval of special tax levies and/or

may request a grant of funds for interim services before collection

of special tax levies by the people of the district.

The boards of county commissioners and the governing bodies of

cities and towns involved in creation of a library system, and the

governing board of the library system, are authorized to enter into

contracts and agreements by and between such governing bodies and

with other such library systems, special and school and college

libraries, and the Oklahoma Department of Libraries in affecting the

purposes of this article and other articles of this Code.

After a system has been created, another county or counties may

be added to the system by action of the governing bodies of the

applicant counties and cities as provided in the procedure for

establishment.

Any library system created under the provisions of this Code may

be terminated, or a part thereof may withdraw and resulting special

tax levies shall be discontinued only by majority vote of qualified

electors voting in an election called by petitions signed by not

Oklahoma Statutes - Title 65. Public Libraries

less than twenty (20%) percent of the qualified electors voting in

the latest preceding general election of the county or counties

wishing to terminate or withdraw.

This provision for termination of all or a part of a library

system shall not prohibit the reorganization of any system, or the

transfer of part of a system to another system or the merging of

systems, by act of the county, city and town governing bodies with

approval of the Oklahoma Department of Libraries Board, provided

that such changes do not result in termination of library service in

any other area for which such service has been approved.

Added by Laws 1967, c. 45, § 4-102, emerg. eff. April 6, 1967.

Amended by Laws 1992, c. 322, § 8, eff. July 1, 1992.

§65-4-103. Governing boards - Membership - Tenure - Qualifications

- Compensation.

A. The Board of Trustees of a library system containing two or

more counties, herein defined as a multicounty library system, shall

consist of at least five (5) members. There shall be at least one

member from each county appointed by the board of county

commissioners. Additional members shall be appointed for each city

within the system with a public library located in the city, with

these appointments to be made by the governing body of the city.

Should the board serving a multicounty unit result in fewer than

five members, additional board members shall be appointed on a

proportional basis agreed upon by the county governments involved.

B. Any member serving on a system board as of the effective

date of this act shall continue to serve until the end of the

current term for which they were appointed. Thereafter,

appointments shall be made as provided for in subsection A of this

section.

C. Initial appointments shall be distributed among one-, twoand three-year terms, with one-third (1/3) of the appointments to be

made for one (1) year, one-third (1/3) to be made for two (2) years

and one-third (1/3) for three (3) years. Subsequent appointments

shall be for three-year terms, except in the case of an appointment

to fill a vacancy in the membership of the system board, which

appointment shall be for the remainder of the unexpired term of the

member where death, resignation or removal has created the vacancy.

A partial term of not more than eighteen (18) months served

immediately prior to a full three-year term shall not be counted as

a full term. No person shall serve more than two full successive

terms. Provided that a person who previously served for two (2)

successive terms or less may be reappointed if two (2) years has

expired since the person’s last service on the board. All tenure of

initial and future appointees shall expire on June 30 of the

designated year. A member of a system board once qualified can

Oklahoma Statutes - Title 65. Public Libraries

thereafter be removed by the appointive authority during his term of

office only for misconduct or neglect of duty.

D. Appointments to the system board shall be made on the basis

of ability, a sound understanding of the total responsibilities and

objectives of public libraries and an active interest in the

attainment of these comprehensive goals. Appointive members shall

be qualified electors and bona fide residents of the counties from

which they are appointed. No member of the system board shall in

any way be connected with the business of publishing or selling

books, periodicals or other forms of library materials nor with the

business of manufacturing or selling library supplies or equipment.

E. All system board members shall serve thereon without

compensation except actual and necessary travel expenses as

authorized by the State Travel Reimbursement Act. Individual

memberships for systems board members in state, regional, and

national library associations and expenses incurred in attending

conferences of these associations, board meetings and other library

and library-related meetings may be paid from library funds upon

proper authorization of the board.

Added by Laws 1967, c. 45, § 4-103, emerg. eff. April 6, 1967.

Amended by Laws 1976, c. 45, § 1, emerg. eff. April 9, 1976; Laws

1992, c. 322, § 9, eff. July 1, 1992; Laws 1996, c. 20, § 1, emerg.

eff. April 3, 1996; Laws 2013, c. 140, § 1, emerg. eff. April 24,

2013.

§65-4-104. System board of trustees - Officers - Meetings - Quorum.

The system board shall elect a chairman, vice-chairman, and

treasurer from the appointed members. The term of the officers

shall be one (1) year.

The system board shall meet as often as is required to transact

necessary business and all meetings shall be open to the public in

compliance with the Oklahoma Open Meetings Act, Section 301 et seq.

of Title 25 of the Oklahoma Statutes. It shall adopt rules for the

transaction of business and keep a record of its functions and

activities, which record shall be a public record.

A majority of the board membership shall constitute a quorum.

Added by Laws 1967, c. 45, § 4-104, emerg. eff. April 6, 1967.

Amended by Laws 1992, c. 322, § 10, eff. July 1, 1992.

§65-4-105. System board of trustees - Powers and duties.

(a) Every system board created by this Code shall have all

powers necessary or convenient for the accomplishment of the purpose

and provisions hereof, including, in addition to others granted in

this article, the following powers:

(1) To operate and maintain a library system and to adopt such

rules and regulations for the operation thereof as may be deemed

necessary or expedient.

Oklahoma Statutes - Title 65. Public Libraries

(2) To purchase, lease, or otherwise acquire land or buildings

or portions of buildings for library purposes.

(3) To erect, maintain, and operate public library buildings at

one or more places.

(4) To accept transfer of any existing public library or

libraries by lease or other conveyance.

(5) To acquire, by purchase or otherwise, books and other

personal property customarily used in the operation of public

libraries including necessary motor vehicles.

(6) To sell and dispose of personal property acquired by

purchase or any other means when by proper resolution the board

finds that said property is not needed for library purposes.

(7) To acquire, accept, hold, and convey legal title to

interest in real property in the name of the system board. Deeds or

other conveyances of said interests in real property shall be

executed for and on behalf of the system board by the chairman and

shall be attested by the secretary upon proper resolution of the

Board.

(8) To accept or decline donations tendered to the library

system.

(9) To administer the expenditure of any funds which may become

available for library purposes.

(10) To establish a schedule of fees to cover various services

rendered and also to contract with other persons, including legal

counsel and independent certified public or certified municipal

accounting service, within the limits of its appropriations, and to

incur necessary expenses. This subsection shall not be construed to

preclude the use of the appropriate district attorney or assistant

district attorney for legal counsel and the State Auditor and

Inspector for auditing services.

(11) To apply, contract for, receive and take advantage of any

or all allocations of funds which may be available to the system

board for library or library related purposes and services under the

laws and regulations of the United States, the State of Oklahoma, or

any other state, or any organization, agency, instrumentality or

subdivision of these entities or undertake or contract for joint

activities or programs with the United States, the State of Oklahoma

or any other state, and any organization, agency, instrumentality,

or subdivision of these entities pertaining to library or library

related purposes or services; and to prepare and submit plans,

specifications, reports or applications, to execute any agreements,

to employ, fix duties and compensation of personnel, and to

administer and direct any programs, plans or projects in connection

with any of the foregoing.

(12) To enter into agreements with school districts in any area

served by the library upon such terms as may be mutually agreed.

The agreement shall prescribe equitable charges for the cost to

Oklahoma Statutes - Title 65. Public Libraries

serve schools which include on-site costs of library collection and

library automation and the cost of providing assigned staffing which

meets the certification requirements for school library media

programs.

(13) To borrow monies on the credit of the Board of Trustees for a

term not to exceed one (1) year.

(14) To do all other things necessary or desirable to carry out

the purposes and provisions of this Code.

(b) It shall be the duty of the system board to prepare an

annual budget which shall be filed on or before June 1 with the

boards of county commissioners and the county excise boards, the

State Auditor and Inspector, the Oklahoma Department of Libraries,

State Board of Equalization, and with cities and towns which

participate in financial support of the system. The system board

shall also submit an annual audit of its income and expenditures

within ninety (90) days following the close of the fiscal year to

the boards of county commissioners, the State Auditor and Inspector,

the Oklahoma Department of Libraries and with cities and towns which

participate in financial support of the system.

(c) In the case of withdrawal of a county or abolishing of a

library system, disposal of the assets, including capital equipment

and other property of the library district, shall be made in the

most equitable manner possible as determined by the Oklahoma

Department of Libraries Board, who shall give consideration to such

items as the original source of the property, the amount of funds

raised from each county of the system, and the ability of the

counties to make further use of such property or equipment for

library purposes.

(d) Funds levied and collected pursuant to Article 10, Section

10-A of the Oklahoma Constitution shall be controlled and

administered under the direction of the system board.

(e) Other funds contributed from federal, state, county and

city governments, and from any other source shall be deposited in

the independent library account following such procedures as may be

agreed upon by the contributing agency, the system board, and the

Oklahoma Department of Libraries Board.

(f) Vouchers shall be drawn by such officers or employees as

prescribed by the system board. Each designated officer or employee

shall give a faithful performance bond approved by the system board

in a sum determined by the board and sufficient in amount to equal

the estimated largest sum of money which will be disbursed at any

one time. Premiums for such bond may be paid from funds of the

library system.

Added by Laws 1967, c. 45, § 4-105, emerg. eff. April 6, 1967.

Amended by Laws 1979, c. 30, § 113, emerg. eff. April 6, 1979; Laws

1992, c. 322, § 11, eff. July 1, 1992; Laws 1994, c. 362, § 1, eff.

July 1, 1994.

Oklahoma Statutes - Title 65. Public Libraries

§65-4-106. Personnel.

(a) The system board shall appoint a librarian of the library

system on the basis of merit and experience. Such librarian shall

be a graduate of a library school accredited by the American Library

Association. The librarian shall be the administrative, executive

and supervisory officer of the library and secretary to the system

board. The librarian shall serve at the discretion of the system

board.

(b) The librarian may appoint and remove staff members and other

employees.

(c) The system board may establish or participate in employee

retirement and health insurance programs either for the exclusive

benefit of its staff or jointly and, in conjunction with city,

county, state, or other retirement systems, may expend upon

authorization of the board funds allocated by the board for such

purposes.

Added by Laws 1967, c. 45, § 4-106, emerg. eff. April 6, 1967.

Amended by Laws 1992, c. 322, § 12, eff. July 1, 1992.

§65-4-107. Financing.

Library systems are hereby authorized and empowered to receive

and allocate funds for establishment, development and maintenance of

library facilities and services through special library tax levies

as hereinafter provided and other funds, including appropriations

from city, town and county general funds, state and federal grantsin-aid, and other public and private funds. All such funds received

and appropriated may be used for library services throughout the

library district.

(a) The governing boards of cities, towns, counties, and library

systems established by vote of the people, as authorized, may submit

to a vote of the people special tax levies of any tax or taxes which

are or may be authorized for levying in and by cities, towns,

counties and library system districts.

(b) The initial financing of any library system established

under this act shall be approved by the Oklahoma Department of

Libraries Board.

Added by Laws 1967, c. 45, § 4-107, emerg. eff. April 6, 1967.

§65-4-107.1. Oklahoma Local Library Capital Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Libraries to be designated the

"Oklahoma Local Library Capital Revolving Fund". The fund shall be

a continuing fund not subject to fiscal year limitations and shall

consist of monies received by the Oklahoma Department of Libraries

from state appropriations, federal funds or from any other

appropriate sources. All monies accruing to the credit of said fund

Oklahoma Statutes - Title 65. Public Libraries

are hereby appropriated and may be budgeted and expended by the

Oklahoma Department of Libraries for the purpose of providing

capital grants to public libraries within the state. Capital grants

made pursuant to this section shall not be made to systems within

counties with a population of five hundred thousand (500,000) or

more. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as provided by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

The Oklahoma Department of Libraries shall establish guidelines

for the equitable apportionment of monies to public libraries

applying for such grants.

Added by Laws 2001, c. 124, § 1, eff. Sept. 1, 2001. Amended by

Laws 2012, c. 304, § 529.

§65-4-108.

Repealed by Laws 1992, c. 322, § 21, eff. July 1, 1992.

§65-4-109.

Repealed by Laws 1992, c. 322, § 21, eff. July 1, 1992.

§65-4-110.

Repealed by Laws 1992, c. 322, § 21, eff. July 1, 1992.

§65-4-115. Counties without countywide library services Appointment of public library board.

Except as otherwise provided in this section, the board of

county commissioners, in counties which do not have countywide

library services through a rural single county library or as

otherwise determined by the Oklahoma Department of Libraries, may

appoint a public library board consisting of not less than five nor

more than seven members. There shall be at least one member

appointed from each of the county commissioner districts.

Additional members shall be appointed as follows:

1. One member appointed by the municipal governing board of the

county seat; and

2. If the county seat is not the municipality having the

largest population, then one member to be appointed by the municipal

governing board of the municipality having the largest population.

Initial appointments shall be distributed among one-, two- and

three-year terms, with two of the appointments to be made for one

year, two to be made for two (2) years and three to be made for

three (3) years. Subsequent appointments shall be for three-year

terms, except in the case of an appointment to fill a vacancy in the

membership of the board, which appointment shall be for the

remainder of the unexpired term of the member when death,

resignation or removal has created the vacancy. No person shall

serve more than two (2) successive terms or be appointed for another

full term or temporary term until at least two (2) years have

elapsed from the end of the second successive term until the

Oklahoma Statutes - Title 65. Public Libraries

beginning of the new term. All tenure of initial and future

appointees shall expire on June 30 of the designated year. A member

of a board once qualified can thereafter be removed by the

appointive authority during his or her term of office only for

misconduct or neglect of duty.

Appointments to the board shall be made on the basis of ability,

a sound understanding of the total responsibilities and objectives

of public libraries and an active interest in the attainment of

these comprehensive goals. Appointive members shall be qualified

electors and bona fide residents of the county.

All board members shall serve thereon without compensation

except actual and necessary travel expenses as authorized by the

State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of

the Oklahoma Statutes. Individual memberships for board members in

state, regional, and national library associations and expenses

incurred in attending board meetings and other library and libraryrelated meetings may be paid from library funds upon proper

authorization of the board.

If a multicounty library system or a rural single county library

system is formed on or after July 1, 1992, which includes a county

with a public library board and provides countywide service to the

county, the public library board appointed pursuant to this section

may be terminated. All powers, duties and responsibilities of the

public library board may be transferred to the Board of Trustees of

the multicounty library system or the rural single county library

system.

Added by Laws 1992, c. 321, § 5, eff. July 1, 1992. Amended by Laws

1995, c. 165, § 2, emerg. eff. May 2, 1995.

§65-4-116. Public library boards - Powers and duties.

The county public library board shall have the following powers

and duties:

(a) To operate and maintain a county library system and to

promulgate such rules for the operation and maintenance thereof as

may be deemed necessary or expedient;

(b) To employ a director who shall have the authority to employ

necessary staff and to terminate the employment of such staff upon

approval of the board;

(c) To purchase, lease, or otherwise acquire land or buildings

or portions of buildings for library purposes;

(d) To erect, maintain, and operate public library buildings at

one or more places in the county;

(e) To accept transfer of any existing public library or

libraries by lease or other conveyance;

(f) To acquire, by purchase or otherwise, books and other

personal property customarily used in the operation of public

libraries including necessary motor vehicles;

Oklahoma Statutes - Title 65. Public Libraries

(g) To sell and dispose of personal property acquired by

purchase or other means when by proper resolution the county public

library board finds that said property is not needed for library

purposes;

(h) To accept, hold, and convey legal title to interests in real

property in the name "County Public Library Board of ________

County" which shall be its official name. Deeds or other

conveyances of said interests in real property shall be executed for

and on behalf of the board by the chairperson and shall be attested

by the secretary;

(i) To accept or in its discretion to decline donations tendered

to the county library system;

(j) To apply for funds from the Oklahoma Local Library Support

Revolving Fund and provide any information requested by the Oklahoma

Department of Libraries in order to qualify and receive such funds;

(k) To administer the expenditure of any funds which become

available for library purposes from the Oklahoma Local Library

Support Revolving Fund and any other funds granted or donated to the

county public library;

(l) To borrow on the credit of the county public library board

for a period of time not to exceed one year; and

(m) To do all other things necessary or desirable to carry out

the purposes and provisions of this act.

Added by Laws 1992, c. 321, § 6, eff. July 1, 1992.

§65-4-201. Establishment, special levies authorized - Incorporation

of existing libraries.

Counties, cities and towns are hereby authorized and empowered

to join in creation, development, operation and maintenance of

public libraries to serve rural single county library systems, and

to appropriate and allocate funds for the support of such systems.

The systems shall provide equitable library services to all persons

in the county.

After establishment a rural single county library system must be

accredited by the Oklahoma Department of Libraries Board.

Special levies of any and all taxes authorized to be levied by

counties, cities and towns under Oklahoma Statutes and the Oklahoma

Constitution are hereby authorized to be levied for support of rural

single county library systems.

When any rural single county library system is established,

existing public libraries in the county may be incorporated into the

system under a unified administration by act of local governing

bodies or vote of the people as provided in the procedure for

establishment of the rural single county library systems. Existing

public libraries in the county that are not incorporated into the

system shall have the same relationship to the system as similar

Oklahoma Statutes - Title 65. Public Libraries

public libraries outside the county have to the local system and to

other systems.

Added by Laws 1995, c. 165, § 4, emerg. eff. May 2, 1995.

§65-4-202. Creation by resolution, ordinance or petition Multicounty library systems - Termination.

A rural single county library system may be created by

resolution or ordinance approved by the board of county

commissioners or by the governing bodies of all cities or towns of

two thousand (2,000) or more according to the most recent federal

decennial census within the proposed district, or by the county seat

town if no city or town within the county has a population of at

least two thousand (2,000), subject to approval by the Oklahoma

Department of Libraries Board. The resolution and ordinances shall

specify the type of system to be created, the county to be serviced,

organization of the governing board of the system, and proposed

financing including agreement to call for a vote of the people as

necessary for special tax levies. The resolution shall constitute

application for approval by the Oklahoma Department of Libraries

Board when submitted to the Board.

Upon approval of the proposed system by the Oklahoma Department

of Libraries Board, the county, city and town governing bodies may

proceed with appointment of the system board and financing.

The system board may request demonstration library services by

the Oklahoma Department of Libraries before approval of special tax

levies and may request a grant of funds for interim services before

collection of special tax levies by the people of the district.

A rural single county library system may be proposed upon

resolution or ordinance of the city and town governing bodies as

provided in this section or upon presentation of petitions to the

board of county commissioners of the county signed by not less than

ten percent (10%) of the qualified electors of each county voting in

the last general election requesting a vote on library funding.

Upon receipt of such petitions, the board of county commissioners

shall call a countywide vote on the proposed system funding. Upon

approval of the proposed ad valorem levy in a countywide vote, the

board of county commissioners shall submit application for approval

of the system to the Oklahoma Department of Libraries Board. The

application shall specify the type of system to be created, the

county to be served, organization of the governing board of the

system including a list of board members and their terms, and the

financing arrangement including the record of the vote of the people

for special tax levies.

The board of county commissioners and the governing boards of

cities and towns involved in creating the system and the governing

board of the library system are authorized to enter into contracts

and agreements with each other, other library systems, special

Oklahoma Statutes - Title 65. Public Libraries

libraries, school and college libraries, district boards of

education, and the Oklahoma Department of Libraries as necessary to

effect the purposes of this act.

A rural single county system may be joined with another county

or counties to form a multicounty library system upon action of the

board of county commissioners. A multicounty system formed between

a county having a rural single county system and other counties may

be formed only upon compliance with the procedures for establishment

of a multicounty library system set forth in the Oklahoma Statutes.

A rural single county library system created under the

provisions of this act may be terminated only by majority vote of

qualified electors voting in an election called by petitions signed

by not less than twenty percent (20%) of the qualified electors

voting in the last preceding general election in the county.

Added by Laws 1995, c. 165, § 5, emerg. eff. May 2, 1995.

§65-4-203. Board of trustees - Membership - Terms.

A. The board of trustees of a rural single county library

system shall consist of at least five (5) members. One member shall

be appointed from each county commissioner district by the board of

county commissioners. One member shall be appointed by the

governing body of the county seat city or town. A member shall be

appointed from the city or town with the largest population that is

not the county seat.

B. Initial appointments shall be for one-, two-, and three-year

terms. Subsequent appointments shall be for three-year terms,

except in the case of an appointment to fill an unexpired term which

appointment shall be for the remainder of the unexpired term. No

person shall serve more than two full consecutive terms in addition

to any partial term served by appointment to fill an unexpired term.

A person who previously served for two consecutive terms or less may

be reappointed if two (2) years has expired since the last service

on the board. All terms shall expire on June 30 of the designated

year. A member of a system board can be removed by the appointing

authority during the term for which appointed only for misconduct or

neglect of duty.

C. Appointments to the system board shall be made on the basis

of ability, a sound understanding of the total responsibilities and

objectives of public libraries and active interest in the attainment

of system goals. Appointive members shall be qualified electors and

bona fide residents of the county. No member of the system board

shall be in the business of publishing or selling books, periodicals

or other forms of library materials or the business of manufacturing

or selling library supplies or equipment.

D. All system board members shall serve without compensation

except for actual and necessary travel expenses which shall be

compensated from library funds upon proper authorization of the

Oklahoma Statutes - Title 65. Public Libraries

board of trustees of the system at the rate provided in the State

Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the

Oklahoma Statutes. Individual memberships for system board members

in state, regional, and national library associations and expenses

incurred in attending conferences of these associations, board

meetings and other library and library-related meetings may be paid

from library funds upon proper authorization of the board of

trustees of the system.

Added by Laws 1995, c. 165, § 6, emerg. eff. May 2, 1995.

§65-4-204. System board officers - Quorum.

The system board shall elect a chair, vice-chair, and treasurer

for one-year terms from the appointed members. The system board

shall meet as often as necessary. The system board shall be subject

to the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of

the Oklahoma Statutes. The board shall adopt rules for the

transaction of business and keep a record of its functions and

activities which shall be a public record. A majority of the board

membership shall constitute a quorum.

Added by Laws 1995, c. 165, § 7, emerg. eff. May 2, 1995.

§65-4-205. System board of trustees - Powers and duties.

A. Every rural single county library system board shall have

all powers necessary or convenient to accomplish its purpose

including the following:

1. To operate and maintain a library system and to adopt rules

and regulations;

2. To purchase, lease, or otherwise acquire land or buildings

for library services;

3. To erect, maintain, and operate public library buildings at

one or more places;

4. To accept transfer of any existing public library or

libraries by lease or other conveyance;

5. To acquire by purchase or otherwise books and other personal

property customarily used in the operation of public libraries

including necessary motor vehicles;

6. To sell and dispose of personal property acquired by

purchase or any other means when by proper resolution the board

finds that said property is not needed for library purposes;

7. To acquire, accept, hold, and convey legal title to interest

in real property in the name of the system board; deeds or other

conveyances of said interests in real property shall be executed for

and on behalf of the system board by the chair and shall be attested

by the secretary upon proper resolution of the board;

8. To accept or decline donations tendered to the library

system;

Oklahoma Statutes - Title 65. Public Libraries

9. To administer the expenditures of any funds which may become

available for library purposes;

10. To establish a schedule of fees to cover various services

rendered;

11. To contract for professional services, including legal counsel

and independent certified public or certified municipal accounting

services, within the limits of the board's appropriations; provided

this paragraph shall not be construed to preclude the use of the

appropriate district attorney for legal counsel and the State

Auditor and Inspector for auditing services;

12. To apply, contract for, and receive any allocations of funds

which may be available to the system board for library and libraryrelated purposes and services under the laws and regulations of the

United States, the State of Oklahoma, or any other state,

organization, agency, instrumentality or subdivision of these

entities, and to undertake or contract for joint activities or

programs with the United States, the State of Oklahoma or any other

state, organization, agency, instrumentality, or subdivision of

these entities pertaining to library or library-related purposes or

services; and to prepare and submit plans, specifications, reports

or applications, to execute any agreements, to employ, fix duties

and compensation of personnel and to administer and direct any

programs, plans or projects in connection with any of the activities

described in this paragraph;

13. To enter into agreements with school districts in any area

served by the library system upon such terms as may be mutually

agreed. The agreement shall prescribe equitable charges for the

cost to serve schools which include on-site costs of library

collection and library automation and the cost of providing assigned

staffing which meets the certification requirements for school

library media programs;

14. To borrow money on the credit of the system board of trustees

for a term not to exceed one (1) year;

15. To do all other things necessary or desirable to carry out the

purposes and provisions of this act; and

16. When available, have access to a statewide library

telecommunications network.

B. The system board shall prepare an annual budget which shall

be filed on or before June 1 with the board of county commissioners,

the county excise board, the State Auditor and Inspector, the

Oklahoma Department of Libraries, the State Board of Equalization,

and cities and towns that participate in financial support of the

system. The system board shall submit an annual audit of its income

and expenditures within ninety (90) days following the close of the

fiscal year to the board of county commissioners, the county excise

board, the State Auditor and Inspector, the Oklahoma Department of

Oklahoma Statutes - Title 65. Public Libraries

Libraries, the State Board of Equalization, and cities and towns

that participate in financial support of the system.

C. If a rural single county library system is abolished, the

assets shall be disposed of by the board of county commissioners

with the approval of the Oklahoma Department of Libraries Board.

D. Funds levied and collected pursuant to Section 10A of

Article X of the Oklahoma Constitution for the purpose of creating

and maintaining a rural single county library system shall be

controlled and administered by the system board.

E. Funds from federal, state, county and city governments and

from other sources shall be deposited in a separate library account

following procedures as may be agreed upon by the contributing

agency, the system board, and the Oklahoma Department of Libraries

Board.

F. Vouchers may be drawn by officers or employees as prescribed

by the system board. Each officer or employee allowed to draw

vouchers shall give a faithful performance bond approved by the

system board in an amount determined by the board equal to the

estimated largest single disbursement to be made by the officer or

employee. Premiums for such bond may be paid from funds of the

library system.

Added by Laws 1995, c. 165, § 8, emerg. eff. May 2, 1995.

§65-4-206. Librarian - Qualifications - Powers.

A. The rural single county library system board shall appoint a

librarian of the library system on the basis of merit and

experience. In counties with a population of twenty thousand

(20,000) or more, the librarian shall be a graduate of a library

school accredited by the American Library Association. In counties

with a population of less than twenty thousand (20,000), during the

first two (2) years after formation of a system the board may

appoint a librarian who is not a graduate of a library school

accredited by the American Library Association; provided, within

five (5) years of formation of the system the librarian must

graduate from a library school accredited by the American Library

Association in order to continue as librarian. Subsequent

librarians appointed in counties with a population of less than

twenty thousand (20,000) must be graduates at the time of

appointment of a library school accredited by the American Library

Association.

B. The librarian shall be the administrative, executive and

supervisory officer of the library and secretary to the system

board. The librarian shall serve at the discretion of the system

board.

C. The librarian may appoint and remove staff members and other

employees.

Oklahoma Statutes - Title 65. Public Libraries

D. The librarian and other employees of the system board may

participate in employee retirement and health insurance programs

offered by the county for county employees or the state for state

employees. The costs of employee participation in the county or

state programs shall be paid by the system board from library funds.

Added by Laws 1995, c. 165, § 9, emerg. eff. May 2, 1995.