[1]
State law reference: As to Free Public Libraries generally,
see N.J.S.A. 40:54-1 et seq.
[L. 1948, C. 231, p. 1071, par. 1, 2]
The City of Plainfield heretofore established the Plainfield
Public Library and appointed a Board of Directors thereof who supervised,
administered and controlled such library pursuant to the provisions
of its Charter and the Validating Act 19-42.13.
(a)
There is hereby created a Board of Trustees (in place of the existing
Board of Directors) which shall be a body corporate under the name
of "The Trustees of the Free Public Library of the City of Plainfield".
(c)
The appointments shall be for terms of one (1), two (2), three (3),
four (4), and five (5) years respectively, as they may be selected
by the Mayor.
(d)
The Mayor and the Superintendent of Schools, serving as a member
of the Board, may respectively appoint an alternate to act in his
place and stead with authority to attend all meetings of the Board
and, in his absence, to vote on all questions before the Board.
(e)
Vacancies occurring in the Board of Trustees shall be filled for
the unexpired term only, in the same manner as the original appointments
are made.
(a)
The Board of Trustees shall:
(1)
Have corporate powers of succession, may sue and be sued, and
adopt a corporate seal;
(2)
Meet at a convenient time and place in the City within ten (10)
days after its appointment;
(3)
Immediately proceed to organize by the election from its members
of a president, treasurer, and secretary, who shall hold their offices
for one year and until their successors are elected;
(4)
Make and execute under their hands and seals a certificate setting
forth their appointment and their organization and the names of the
officers elected, such certificate to be acknowledged in the same
manner as is required of conveyances of real estate, and recorded
in the Clerk's office of Union County; and, send a certified copy
of the certificate to the office of the Secretary of State, at Trenton,
to be there filed of record, but shall not be required to pay any
fees for such recording and filing.
(b)
The certificate, or copy thereof duly certified by the Secretary
of State or by the County Clerk, shall be evidence in all courts and
places of the incorporation of the Board.
(a)
The Council shall annually appropriate and raise by taxation a sum
equal to one-third (1/3) of a mill on every dollar of assessable property
within the City; and,
(b)
Such additional sum, as in the judgment of Council is necessary for
the proper maintenance of a free public library, may be appropriated
and raised by taxation annually.
(a)
The Board shall hold in trust and manage all property of the library.
(b)
It may rent rooms, or, when proper, construct buildings for the use
of the library.
(c)
It may purchase books, pamphlets, documents, papers and other reading
matter.
(d)
It may hire librarians, and other necessary personnel, and fix their
compensation.
(e)
It may make proper rules and regulations for the government of the
library, and generally do all things necessary and proper for the
establishment and maintenance of the Free Public Library.
(f)
It may also transfer to and receive from the deposit and exchange
library service of the Bureau of Public and School Library Services,
of the Division of the State Library, Archives and History, in the
State Department of Education, books, magazines, prints, maps and
other related library materials for the purpose of augmenting the
interlibrary loan service.
(g)
It may within the limits of funds appropriated or otherwise made
available to the Board purchase the specific items set forth in N.J.S.A.
40:54-12.1 without advertising for bids.
(a)
The Treasurer of the Board shall give bond in an amount to be fixed
by the Mayor payable to the City conditioned for the faithful performance
and discharge of his duties.
(b)
The Board shall, by its Treasurer, upon its warrant signed by its
President, receive from the City the money raised therein for library
purposes, as provided in N.J.S.A. 40:54-8.
The Trustees shall receive no compensation for their services,
and shall not incur any expense or enter into any obligations to an
amount in excess of the annual appropriation for library purposes
and of the funds on hand.
The Board of Trustees shall annually make a report of its transactions,
accounts, and the state and condition of the library to the Council
in such form as directed by the Division of Audit and Control or the
Collector of Taxes.
The City may make additional appropriations for the equipment,
furnishing and decorating of the library building and the City may
by resolution authorize the Board of Trustees to expend such appropriation
pursuant to the provisions of N.J.S.A. 40:54-16.
The Board of Trustees of the Free Public Library may use and
expend for library purposes all moneys received from library fines
and shall account for such receipts and expenditure in the same manner
as is required as to funds appropriated to the Board of Trustees by
the Council.
[1]
State law reference: As to fines' expenditure, see N.J.S.A.
40:54-17.
The Council may appropriate in the annual budget for the use
of the Free Public Library a sum equal to the amount of the money
paid into the general treasury by the Free Public Library in the preceding
fiscal year. The sum so appropriated shall be available for expenditure
by the Board of Trustees for library purposes, shall be in addition
to sums otherwise appropriated by law for library purposes and shall
be controlled by the same laws as other budget appropriations.
(a)
The Board of Trustees (formerly the Board of Directors), may receive,
hold and manage any devise, bequest or donation heretofore made or
hereafter to be made and given for the establishment, increase or
maintenance of the Free Public Library.
(b)
The Board of Trustees shall as successor to the Board of Directors
have, execute and use all the right, title and interest of such Board
of Directors in and to such devise, bequest or donation.
The Board of Trustees may as to any funds heretofore or hereafter
received either by the Board or by the Council as a gift or bequest
for free public library purposes and being held and managed by the
Board or subject to their direction, make such loans and investments
pursuant to the provisions of N.J.S.A. 40:54-19.1, 2, 3, 5, pending
the use thereof for the purposes for which the gift or bequest was
made.
(a)
When any obligations or bonds purchased by the Board of Trustees
are received by the Board, the Treasurer of the Board shall immediately
record the receiving thereof in an appropriate manner and shall, unless
otherwise previously directed by the Board promptly deliver the same
to the Clerk for safe-keeping.
(b)
The Treasurer and Secretary of the Board shall prepare and present
to the Board the necessary reports and minutes relating to the custody
of such securities pursuant to the procedure set forth in N.J.S.A.
40:54-19.4.
The Board of Trustees may accept gifts and bequests of paintings,
statuary, ceramics and other art objects, and may care for and maintain
them in accordance with the provisions of such gift or bequest.
Any gift or bequest, to the City for library or similar purposes,
when accepted by the Council, shall be received by the Collector of
Taxes and expended by and under the direction of the Board of Trustees
for the purposes for which the gift or bequest was made, in the same
manner as other funds are expended by such Board.
