Sussex County, DE Chapter 20 Library [1]

[HISTORY: Adopted by the County Council of Sussex County 5-20-1975 as Ord. No. 17. Amendments noted where applicable.]

[1] Editor's Note: For state statutory provisions regarding county libraries, see 9 Del. C. § 801 et seq.

§ 20-1 Library Agency.

There is hereby created a Library Agency to administer a county public library service throughout Sussex County for the residents of Sussex County, which shall be a department of the Executive Branch of the county government.

§ 20-2 Powers and duties of Library Agency, use and title of property.

A. The Library Agency shall have the following powers:

(1) To administer a county-wide library system which offers every resident of the county free and equal access to service and resources and guidance in their use.

(2) To receive, by taxation or otherwise, accept, administer and expend any moneys, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments or by any source, public or private, in accordance with the terms thereof, for the purposes provided in this chapter.

(3) To perform all other activities pertinent to the organizational function of the Library Agency.

B. Property.

(1) Title to all property previously acquired by any District Library Commission which may be conveyed or transferred or delivered pursuant to 59 Del. Laws, C. 480, Section 6, shall be held in the name of Sussex County for the use of the Library Agency.

(2) The transfer of any property by a school district library which has been acquired to be used for a specific school district library shall be used only for the particular library designated.

(3) All future donations of any property by any methods to be used for a designated library shall be used only for that library.

§ 20-3 Library Administrator.

A. There is hereby created the position of County Library Administrator, who shall report to the County Council and/or the County Administrator and who shall be the administrative head of the county library system.

B. The President of County Council, upon approval of the County Library Advisory Board, shall appoint the County Library Administrator, who shall be referred to as "County Librarian" and who shall serve at the pleasure of the County Council. He shall be a professionally qualified and experienced librarian and shall have had administrative experience in libraries and have such other qualifications as the County Library Advisory Board may deem advisable in order to provide for the efficient development of a county-wide library service.

C. The salary of the County Library Administrator shall be fixed and paid by the County Council.

D. The County Library Administrator shall, as a condition of his appointment, be a resident of Sussex County and shall continue to be a resident during his term of employment.

§ 20-4 Library Advisory Board.

A. There is hereby created a County Library Advisory Board consisting of 13 members, each of whom shall be a resident of this county. The County Council shall appoint one from each of the geographical areas where a public library now exists. One member shall be appointed to represent the areas served by the bookmobile. Appointments may be made from a list of nominees provided to the County Council by the membership of the existing Boards of Library Trustees. The members of the County Library Commission shall be persons of ability and integrity concerned with public and/or library affairs and may not be public library employees.

B. The initial terms of the 13 members shall be three years, commencing July 1, 1975, to June 30, 1978. At the end of the three-year terms, the Commission membership will drop to five, one to be appointed from each Councilmanic District. The members from the First and Second Councilmanic Districts will be appointed for three-year terms; the member from the Third Councilmanic District will be appointed for a two-year term; and the members from the Fourth and Fifth Councilmanic Districts will be appointed for one-year terms. Not more than three Commissioners shall be from the same political party. No appointed member of the Library Advisory Board is eligible for more than two consecutive three-year terms. All appointed members shall hold office until their successors qualify.

C. The County Library Advisory Board:

(1) Shall serve in an advisory capacity to the County Library Administrator and the County Library Agency.

(2) Shall bring local library needs to their attention and shall recommend to them means for implementation of an effective county library system.

(3) May, through its members on the Council on Libraries, bring library matters to the attention of the Administrator of State Library Services.

(4) Shall meet annually the first Tuesday of July and elect a Chairman and shall meet monthly for the transaction of such business as may come before it and perform its duties and functions.

§ 20-5 School district employees.

Any qualified employee of the school district libraries encompassed by this chapter shall be continued in employment and shall not suffer any diminution of salary or responsibilities as a result of this chapter and shall receive full credit for the time he was employed by his respective District Library Commission in computing the number of years of service required to receive pension benefits within the meaning of the respective county pension plan which has been adopted at the time of the passage of this chapter.

§ 20-6 Budget.

The County Administrator shall prepare a budget annually for the operation and maintenance of the county library system.

§ 20-7 Fiscal reports from exempt District Library Commissions.

Any District Library Commission which elects to be exempt pursuant to 59 Del. Laws, C. 480, Section 6(c), shall submit to the County Administrator an annual fiscal report prior to March 1 each year showing assets and expenditures for the preceding fiscal year and such other financial information he deems necessary to prepare the annual library budget.