City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 66 of the Code of Ordinances. Amendments noted where applicable.]
There hereby is established in the City a free public library to be known in this chapter as the "Española Public Library"; established as a proper and legitimate object of municipal expenditures and operation and as part of the government of the City pursuant to and by authority of NMSA 1978 § 3-14-14.[1]
Editor's Note: See NMSA 1978 § 3-18-14, regarding municipal libraries.
There is hereby created within the municipal budget of the City a library fund, and such fund shall be administered by the City Manager as are other funds of the City. All money derived from any charges, fines or penalties, together with appropriations from other funds by the City for salaries, books, supplies or other purposes, shall be placed in the library fund, together with any monetary gifts, bequests or donations to the City for the library, as provided in § 67-9.
The Library Board shall cause to be made and submitted to the City Council an annual budget on the first day of the first regular meeting of the City Council in May of each year.
A duly qualified Library Director and such other assistant librarians, or other personnel which the City Manager determines may be necessary for the operation and maintenance of the library shall be selected and employed by the City Manager. The Library Board shall have the right and obligation to establish qualifications for such personnel and to make recommendations to the City Manager as to such employment.
The duties of the Library Director shall be those imposed on library directors by law, and he shall be considered the executive officer of the Library Board, and shall have charge of the administration of the library under the direction and review of the City Manager. The Library Director shall be responsible for the care of the building and equipment, the supervision of the assistant librarians and the staff, the efficiency of the library service to the public, the operation of the library, the financial condition set forth in the annual budget, and the Library Director shall attend all Library Board meetings.
There is hereby created the Española Public Library Board as an advisory agency of the City.
[Amended 6-12-2006 by Ord. No. 2006-02]
The Library Board shall consist of nine members who shall be residents of the City or the surrounding area and who shall be appointed by the Mayor of the City with the consent and approval of a majority of the City Council. They shall serve without compensation. The Mayor, with the consent and approval of the Council, shall also designate from the membership of the City Council an ex officio member of the Library Board. The terms of all members shall be three years The term of the ex officio member appointed from the City Council shall be for two years. Except as otherwise provided, all terms shall expire on July 1 three years thereafter or when their successors have been duly appointed and qualified. At the first meeting of the Board, the members shall elect a President, Vice President and other officers as may be necessary and proper to carry out the functions of the public library.
[Amended 11-19-2013 by Ord. No. 2013-02]
The Library Board shall hold regular meetings at such time and place as the Library Director and Chairman of the Library Board shall determine, but not less frequently than two times per calendar year.
The Board is hereby charged with the responsibility and conduct of the affairs of the Española Public Library, subject to the mandates of the Mayor and City Council. The Library Board shall act in an advisory capacity and shall advise and assist the City Council in every possible way to ensure the efficient and economical management of the Española Public Library. It shall be the duty of the advisory board in its advisory role to advise the Library Director of the Española Public Library in all matters pertaining to the management and operation of the Española Public Library.
The Library Board, with the approval of the Mayor and the City Council, shall establish and operate the Española Public Library and shall have control and management thereof, including the following powers:
Receive and dispose of any gift, donation, devise or bequest that is made to the City for the purpose of establishing, increasing or improving the library. If the gift is monetary, it shall be controlled for accounting purposes by the City Manager. Nevertheless, an accounting of any gift, for property control purposes, shall be made to the City Manager.
Apply the use, profit, proceeds, interests and rents accruing from any such property in any manner that will best improve the library and its use.
Make bylaws and reasonable rules and regulations for the operation of the public library not in conflict with other ordinances of the City or state statutes. These rules and regulations shall be posted in conspicuous places in the library for public inspection and review.
Nothing in this section shall prevent the Española Public Library from receiving gifts of books, money, or any other real or personal property, for the use and benefit of the Española Public Library, and controlling and managing such gifts as described in Subsection A of this section.