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GIFT OF




fc^LIFORNIA STATE LIBRARY

I. L. GILLIS, Ubraran



CALIFORNIA

inty Free Library Law



SACRAMENTO:



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County Free Library Law.



ClIAPTEK 68.

.1 ;; act to provide for the estahlishment
and maintenance of county free liira-
rifs in the State of California, and
11 iiialbig "An act entitled 'An act to
lirovide county library systems.' ap-
proved April IS, 1909, and all acts and
parts of acts in conflict with this act."
[Approved February 25, 1911.]
The people of the State of California, rep-
resented in senate and assembly, do
enact as follows:

Section 1. The boards of supervisors EMamish-
of the several counties shall have power tamu 'iit
to establish and maintain, within their JXh.
respective counties, county free libraries
in the manner and with the functions
proscribed in this act.

Sec. 2. The board of supervisors of
any county may establish at the county
seat a county free library for that part
of such county lying outside of incorpo-
rated cities and towns maintaining free
public libraries, and outside of library dis-
tricts maintaining district libraries, and
for all such additional portions of such
county a.'; may elect to become a part of.



or to participate in, such county free
library system, as hereafter provided in
this act. At least once a week for two
successive weeks prior to taking such
action, the board of supervisors shall pub-
lish, in a newspaper designated by them
and published in such county, notice of
such contemplated action, giving therein
the date of the meeting at which such
action is proposed to be taken.

Sec. 3. After the establishment of a
, county free library as provided in this
act, the board of trustees, common coun-
cil or other legislative body of any incor-
porated city or town in the county main-
taining a free public library, or the board
of trustees of any library district main-
taining a district library, may notify the
board of supervisors that such city, town
or library district desires to become a
part of the county free library system,
and thereafter such city, town or library
district shall be a part thereof and its in-
habitants shall be entitled to the benefits
of such county free library, and the prop-
erty within such city, town or library dis-
trict shall be liable to taxes levied for
county free library purposes. But the
board of trustees, common council or
other legislative body of any incorporated
city or town in the county, or the bc?-rd
of trustees of any library district may



at any time notify the board of super-
visors that such city, town or library dis-
trict no longer desires to be a part of
the county free library system, and there-
after such city, town or library district
shall cease to participate in the benefits
of such county free library, and the prop-
erty situated in such city, town or library
district shall not be liable to taxes for
county free library purposes ; provided,
however, that the board of trustees, com-
mon council or other legislative body of
any incorporated city or town, or the
board of trustees of any library district,
shall publish, at least once a week for
two successive weeks prior either to giving
or to withdrawing such notice, in a news-
paper designated by said board of trustees,
city council or board of library trustees,
and circulating throughout such city,
town or library district, notice of such
contemplated action, giving therein the
date and the place of the meeting at
which such contemplated action is pro-
posed to be taken.

Sec. 4. The board of supervisors of ii.coi-
any county wherein a county free library cTtira'am
has been established under the provisions I°"j"co„
of this act, shall have full power and'™'"."'"'
authority to enter into contracts with any
incorporated city or town maintaining a
free public library, and any such incor-



— c —

porated city or town shall, through its
board of trustees or other legislative bodj',
have power to enter into contracts with
such county to secure to the residents of
such incorporated city or town the same
privileges of the county free library as
are granted to, or enjoyed by, the resi-
dents of the county outside of such incor-
porated city or town, or such privileges as
may be agreed upon in such contract, upon
such consideration to be named in said
contract as may be agreed upon, the same
to be paid into the county free library
fund, and thereupon the residents of such
incorporated city or town shall have the
same privileges with regard to said county
free library as are had by the residents of
such county outside of such incorporated
city or town, or such privileges as may be
agreed upon by said contract,
countijs Sec. 5. The board of supervisors of
contract any county wherein a county free library
rther'fOT has been established under the provisions
joint of (jjig a(.|.^ shall have full power and
authority to enter into contracts or agree-
ments with the board of supervisors of any
other county to secure to the residents of
such other county such privileges of such
county free library as may, by such con-
tract, be agreed upon and upon such
consideration as may in said contract be
agreed upon, the same to be paid into the



coimty free library fund, aud thereupon
the inhabitants of such other county shall
have such privileges of such county free
library as may by such contract be agreed
upon ; and the board of supervisors of
such county shall have full power and
authority to enter into a contract with
the board of supervisors of another county
wherein a county free library has been
established under the provisions of this
act. as in this section provided, and shall
have power to levy a library tax as in
this act provided, for the purpose of
carrying out such contract, but the mak-
ing of such contract shall not bar the
board of supervisors of such county dur-
ing the continuance of such contract, from
establishing a county free library therein
under the provisions of this act, if none
be already established therein, and upon
the establishment of such county free
library, such contract may be terminated
upon such terms as may be agreed upon
by the parties thereto, or may continue
for the term thereof.

Sec. 6. A commission is hereby created Board of
to be known as the board of library exam- oiwrl?
iners, consisting of the state librarian. '""'•
who shall be ex officio chairman of said
board, the librarian of the public library
of the city and county of San Francisco,
and the librarian of the Los Angeles pub-



— s —

lie library. The members of said boanl
shall receive no compensation for their
services, except their actual and necessary
traveling expenses, to be paid out of the
state library fund. Said board shall pass
upon the qualifications of all persons de-
siring to become county librarians, and
may, in writing, adopt rules and regula-
tions not inconsistent with law for its own
government, and for carrying out the pur-
poses of this act. Persons of either sex
.shall be eligible to certification for the
office of county librarian.

Sec. 7. Upon the establishment of a
county free library, the board of super-
■ visors shall appoint a county librarian,
who shall hold office for the term of four
years, subject to prior removal for cause,
after a hearing, by said board. No per-
son shall be eligible to the office of county
librarian unless prior to his appointment,
he has received from the board of library
examiner.s a certificate of qualification for
the office. At the time of his appointment,
the county librarian need not be a resi-
dent of the county nor a citizen of the
State of California.

Sec. 8. The county free library shall
be under the general supervision of the
board of supervisors, which shall have
power to make general rules and regula-
tions regarding the policy of the county



— 9 —

free library, to establish, upon the rec- Powen
ommendation of the county librarian, duties of
branches and stations throughout the f™"!^
county and may locate said branches and """■
stations in incorporated cities and towns
wherever deemed advisable, to determine
the number and kind of employees of
such library, and to appoint and dismiss
such employees upon the recommendation
of the county librarian. Such employee
shall not be removed except for cause, and
in case any such removal be made upon
the ground that the services of such em-
ployee are no longer required, such re-
moved employee shall have the first right
to be restored to such employment when
such services are again required, but the
board of supervisors may, at the time of
appointing any employee, and upon the
recommendation of the county librarian,
enter into an agreement that such em-
ployee be employed for a definite time
only. All employees of the county free
library whose duties require special train-
ing in library work shall be graded in
grades to be established by the county
librarian, with the advice and approval of
the state librarian, according to the duties
required of them, experience in library
work and other qualifications for the serv-
ice required ; and before appointment to a
position in the graded service, the can-



— 10 —

didate must pass au examiuation appro-
priate to the position souglit, satisfactory
to the county librarian, and show a sat-
isfactory experience in library work.
\york in approved library schools or libra-
ries, or certificates issued by the board of
library examiners, may be accepted by
the county librarian in lieu of such exam-
ination. The county librarian may also
accept as apprentices, without compensa-
tion, candidates possessing personal qual-
ifications satisfactory to him and may
dismiss the same at any time if in his
judgment their work is not satisfactory to
him.

Sec. 9. The county librarian shall,
prior to entering upon the duties of his
office, file with the county clerk the usual
oath of oiBce and a bond, conditioned upon
tlie faithful performance of his duties,
with sufiicient sureties approved by a
judge of the superior court in the county
of which the librarian is to be the county
librarian, in such sum as may be deter-
mined by the board of supervisors. The
county librarian shall, subject to the gen-
eral rules adopted by the board of super-
visors, build up and manage, according to
accepted principles of library manage-
ment, a library for the use of the people
of the county, and shall determine what
books and other library equipment shall



— 11 —

be purchased. The salary per annum of s.i
the county librarian shall be as follows : In ii°
counties of the first to the third classes in-
clusive, two thousand four hundred dollars ;
of the fourth to the tenth classes inclu-
sive, two thousand dollars; of the eleventh
to the twentieth classes inclusive, eigh-
teen hundri'd dnllnrs; of the twruly-lirst
to the thirtieth classes inclusive, fifteen
hundred dollars ; of the thirty-first to the
forty-eighth classes inclusive, twelve hun-
dred dollars ; and of the forty-ninth to the
fifty-seventh classes inclusive, five hun-
dred dollars. The salary of each of the
county librarians here provided shall be
paid by each of such counties in equal
monthly installments, at the same time
and in the .same manner and out of the
same fund as the salaries of other county
officers are paid. The county librarian
;iud his assistant shall be allowed actual
and necessary traveling expenses incurred
on the business of the office.

Sec. 10. The county free libraries of <'>
the state shall be under the general super- vh
visions of the state librarian, who shall ill
from time to time, either personally or
by one of his assistants, visit the county
free libraries and inquire into their con-
dition. The actual and necessary ex-
penses of such visits shall be paid out of
the state library fund. The state libra-



rj



rian shall annually call a convention of
county librarians, to assemble at such
time and place as he shall deem most con-
venient, for the discussion of questions
pertaining to the supervision and adminis-
tration of the county free libraries, the
laws relating thereto, and such other sub-
jects affecting the welfare and interest of
the county free libraries as shall properly
be brought before it. It is hereby made
the duty of all the county librarians to
attend and take part in the proceedings
of such convention. The actual and nec-
essary expenses of the county librarians
attending the convention shall be paid out
of the county free library fund.

Sec. 11. The county librarian shall,
on or before the thirty-first day of July
in each year, report to the board of super-
visors and to the state librarian on the
condition of the county free library, for
the year ending June thirtieth preceding.
Such reports shall, in addition to other
matters deemed expedient by the county
librarian, contain such statistical and
other information as may be deemed desir-
able by the state librarian. For this
purpose the state librarian may send to
the several county librarians instructions
or question blanks so as to obtain the ma-
terial for a comparative study of library
conditions in the state.



13



Sec. 12. The board of supervisors, fax le
after a county free library has been estab-
lished, shall annually levy, in the same
manner and at the same time as other
county taxes are levied, and in addition
to all other taxes, a tax not to exceed one
mill on the dollar of assessed valuation
upon all property in such county outside
of incorporated cities and towns main-
taining free public libraries, and library
districts maintaining district libraries,
and upon all property within incorporated
cities, towns and library districts, which
have elected to become a part of such
county free library system as provided in
this act, for the purpose of purchasing
property for. establishing and maintaining
the county free library. County bonds r„„.i.
may be issued, in the manuer prescribed
in section 40SS of the Political Code, for
the erection and equipment of county free
library buildings and the purchase of land
therefor. The board of supervisors is
authorized to receive, on behalf of the
county, any gift, bequest or devise for '''"^'
the county free library, or for any branch
or subdivision thereof. The title to all
property belonging to the county free
library shall be vested in the county. All
laws applicable to the collection of county
taxes shall apply to the collection of the
tax herein provided. All funds of the



14



county free library, whether derived from
taxation or otherwise, shall be in the cus-
tody of the county treasurer. They shall
constitute a separate fund, called the
county free library fund, and shall not be
used for any purposes except those of the
county free library. Each claim against
the county free library fund shall be au-
thorized and approved by the county
librarian, or in his absence from the
county by his assistant. It shall then be
acted upon in the same manner as are all
other claims against the county.

Sec. 1.3. In any county of this state
where a law library may now or hereafter
exist under the provi.sions of section 4190
to 4204, inclusive, of the Political Code
of the state, the board of supervisors of
such county shall have power to enter
into contracts, or agreements with the
board of law library trustees of such law
library for the cooperation of said law
library and the county free library, and.
in that connection, to contract or agree
with the board of law library trustees of
such law library that the county librarian
and other emplo.vees of the county free
library perform the duties required to be
done or performed by the officers and em-
ployees of such law library as contem-
plated by section 4190 to 4204, inclusive,
of the Political Code of this state for a



— 15 —

ooiupeusation to be named iu such con-
tract Of agreement, the same to be paid
into the countj- free library fund.

Sec. 14. The board of supervisors shall ^,.|,^^,
have power to accept on behalf of the iii>niiiM
county free library, all books and other i'mmty
property of school libraries and of the I'teMT"
teachers' library as provided by sections ,'.',',,,^5'""
1565, 1715 and 1716 of the Political "■'"•
Code, and to manage and maintain the
same as a part of the county free library.

Sec. 15. After a county free library nise.iaii
has been established, it may be disestab- '"'""'^'''
lished in the same manner as it was estab-
lished. At least once a week for two
successive weeks prior to taking such ac-
tion, the board of supervisors shall pub-
lish, in a newspaper designated by them,
and published in the county, notice of
such contemplated action, giving therein
the date of the meeting at which such
contemplated action is proposed to be
taken.

Sec. 16. Instead of establishing a sep- cutiaci
arate county free library, the board of JliJljio
supervisors may enter into a contract ae- J.'l'™^,^
cording to the provisions of this section ^■^■^"'^■
with the board of library trustees or other
authority in charge of the free public
library of any incorporated city or town,
and the board of library trustees, or other
authority in charge of such free public



library, is hereby authorized to make
snch a contract. Such contract may pro-
vide that the free public library of such
incorporated city or town shall assume
the functions of a county free library
within the county with which such con-
tract is made, including incorporated cities
and towns therein. The board of super-
visors may agree to pay annually into the
library fund of such incorporated city or
town such sum as may be agreed upon.
Either party to such contract may termi-
nate the same by giving six months' notice
of intention to do so.
icai of <^£c_ i7_ An act entitled "An act to
s"! provide county library systems," approved
April 12. 1909, and all acts and parts of
acts in conflict herewith, are hereby re-
pealed : provided, however, that any
county library which may have been estab-
lished and i.s now in existence under the
provisions of the act approved April 12,
1909, shall be continued under the pro-
visions of this act, and be considered the
same as if established under the provi-
sions of this act : and provided further,
that in any case where a contract has been
entered into between any county board of
supervisors and any city or incorporated
town under the provisions of section
twelve of said act, the same shall con-
tinue in force, and the provisions of sec-



17



tion sixteen of this act shall be applicable
thereto, until the establishment and equip-
ment of a county free library under the
provisions of sections one to fifteen inclu-
sive of this act, unless sooner terminated
under the provisions thereof.



39;



UNIVERSITY OF CA





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Online LibraryCaliforniaCalifornia county free library law → online text (page 1 of 1)