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Chapter 82 - Library Chapter 82 LIBRARY* Article I. In General Secs. 82-1-82-25. Reserved. Article II. Library Advisory Board Sec. 82-26. Confirmed. Sec. 82-27. Appointment and composition. Sec. 82-28. Terms of office. Sec. 82-29. Removal from office; failure to attend meetings. Sec. 82-30. Officers,quorum;rules of procedure. Sec. 82-31. Reimbursement of expenses. Sec. 82-32. Functions,powers and duties. Sec. 82-33. Duties of the county library director. Sec. 82-34. Review process. Sec. 82-35. Return of library materials. *Cross references—Amusements and entertainments,ch. 10;law library, §46-31 et seq.;library system impact fee, § 74-106 et seq.;parks and recreation, ch.98. State law reference—Authority to provide a library,F.S. § 125.01(1)(f). CD82:1 LIBRARY § 82-30 ARTICLE I. IN GENERAL shall not be extended.However,other qual- ified applicants may be considered for any Secs. 82-1-82-25. Reserved. vacancy. Appointments to fill any vacan- cies on the board shall be for the remainder of the unexpired term of office. ARTICLE II. LIBRARY ADVISORY (3) Notwithstanding the above, an individual BOARD* may be reappointed to the board after a hiatus of at least two years. Sec. 82-26. Confirmed. (Ord. No. 88-71, § 3; Ord. No. 93-86, § 1(3)) This article is enacted pursuant to chapter 2, article VIII, division 2 to confirm the creation of Sec. 82-29. Removal from office;failure to at- the library advisory board. tend meetings. (Ord. No. 88-71, § 1) Members of the library advisory board serve at Sec. 82-27. Appointment and composition. the pleasure of the board of county commissioners and any member of the board may be removed (a) The library advisory board shall consist of from office by a majority vote of the board of county five members who shall represent the five county commissioners. Members shall attend all meet- commission districts. ings of the board and committees to which they (b) Members of the board shall be appointed by may be appointed. Any board member who is ab and serve at the pleasure of the board of county sent for more than one-half of the board s meet ings in a given fiscal year shall be deemed to have commissioners. Said members shall be perma tendered his resignation from the board. Should nent residents and electors of the county. any board member be absent from two consecu- \- . (c) Appointment of members to serve on the tive board meetings without a satisfactory excuse board shall be by resolution of the board of county acceptable to the board chairman, the board commissioners, which resolution shall set forth chairman shall state such fact at the next regu- the date of appointment and the term of office. larly scheduled board meeting and shall there- The board of county commissioners shall request after notify, in writing, the administrative assis- and accept applications from the general public to tant to the board of county commissioners of the serve as members of the board. board member's failure to attend without satis- (Ord. No. 88-71, § 2; Ord. No. 93-86, § 1(2)) factory excuse. A member of the board shall be deemed absent from a meeting when he is not Sec. 82-28. Terms of office. present during at least 75 percent of the meeting. No board member shall serve at any meeting after The terms of office of the library advisory board his or her position has been declared vacant by shall be as follows: the board of county commissioners. (1) Each appointment or reappointment shall (Ord. No. 88-71, § 4; Ord. No. 93-86, § 1(4)) be for a term of four years. A person shall not be considered to have served a full term Sec. 82-30. Officers, quorum; rules of proce- of office unless that person has served at dure. least two years. All terms of office shall expire on December 31. (a) Annually, at its first meeting, the member- ship of the library advisory board shall elect a (2) A member of the library advisory board may chairman, vice-chairman and secretary from be reappointed by the board of county com- among its members. Each officer's term shall be missioners for only one successive term. for one year, with eligibility for reelection. This one term reappointment limitation (b) The presence of three or more members shall *Cross reference—Boards,commissions and authorities,§ constitute a quorum of the board necessary to take 2-816 et seq. action and transact business. In addition, an of CD82:3 § 82.30 COLLIER COUNTY CODE firmative vote of three or more members shall be (4) Amend as appropriate the guidelines and necessary in order to take official action, regard- bylaws that govern the operation of the less of whether three or more members of the board board,subject to final approval by the board are present at a meeting. of county commissioners. (Ord. No. 88-71, § 7; Ord. No. 93-86, § 1(7)) (c) The board shall, by majority vote of the en- tire membership, adopt rules of procedure for the Sec. 82-33. Duties of the county library di- transaction of business and shall keep a record of rector. meetings, resolutions, findings and determina- tions. The duties of the county library director or des- (Ord. No. 88-71, § 5; Ord. No. 93-86, § 1(5)) ignee shall be to: (1) Administer the activities of the library ad- Sec. 82.31. Reimbursement of expenses. visory board in accordance with established policies of the board of county commis- Members of the library advisory board shall sioners,and the guidelines,bylaws,and pol serve without compensation, but shall be entitled icies adopted by the board. to receive reimbursement for expenses reason- (2) Prepare the annual budget in accordance ably incurred in the performance of their duties with the board's budgetary advice as spec- upon prior approval of the board of county corn- ified in section 82-32(2). missioners. (Ord. No. 88-71, § 6; Ord. No. 93-86, § 1(6)) (3) Provide periodic written reports to the board and the public services administrator on the activities of the county library system and Sec. 82.32. Functions, powers and duties. its finances in accordance with established guidelines,bylaws and policies of the board The functions, powers and duties of the library of county commissioners and the board. advisory board shall be as follows: (4) Attend all board meetings. (1) Act on behalf of the board of county com (Ord. No. 88 71, § 8; Ord. No. 93 86, § 1(8)) missioners to establish policies of the li- brary department including, but not lim- ited to, policies relating to materials The library advisory board shall be reviewed acquisition and circulation, collection de- once every four years in accordance with the pro- velopment,and eligibility of individuals for cedures outlined in chapter 2, article VIII, divi- library services. Any proposed policy that sion 2 of this Code. directly affects members of the public must (Ord. No. 88-71, § 9; Ord. No. 93-86, § 1(9)) be reviewed and approved for legal suffi- ciency by the county attorney's office. Sec. 82-35. Return of library materials. (2) Act solely in an advisory capacity to the (a) Unlawful to fail to return. It shall be un- board of county commissioners for all li- lawful for any person to fail to return any library brary department issues regarding the es- book, audio or video recording, film, magazine or tablishment of fees,the budget,capital plan- any other article of personal property borrowed ning, staffing levels, and other library from the county free public library or any of its related programs. branches after ten days have elapsed from the date of written request for return by said library (3) Identify, study, evaluate, and make recom- or an authorized agent of said library. The notice mendations to the board of county commis- requesting the return of such materials shall be sioners on programs that will benefit the sent by registered or certified mail addressed to county library system. such person at the last-known address furnished CD82:4 LIBRARY §82-35 to the county free public library as evidenced by any authorized agent or employee of the county the records retained by the library. free public library. (b) Unlawful to fail to report lost library mate- (e) Service fee. In addition to any reimburse- rials and reimburse for same. It shall be unlawful ment herein required, any individual to whom a for any person to fail to report any lost library notice has been sent under the provisions of this book, audio or video recording, film, magazine or section shall pay to the county free public library any other article of personal property borrowed a service fee in the amount of$3.00. from the county free public library or any of its (f) Prima facie evidence of identity. In any pros- branches; and it shall also be unlawful for any ecution or action under the provisions of this sec- person to fail to reimburse the library for said tion in which a library borrower's identification materials after ten days have elapsed from the card issued by the county free public library was date of receipt of a written request for reimburse- used at the time of the borrowing of said mate- ment by the library or an authorized agent of the rials, the information retained and contained library. The notice requesting reimbursement for within the records of the county free public li- such materials shall be sent by registered or cer- brary pertaining to that card,along with the name tified mail addressed to said person at the last- that appears on the library card used to borrow known address furnished to the county free public such materials, shall constitute prima facie evi- library as evidenced by the records retained by dence of the identity of the person borrowing li- the library. brary materials and that such person was the party authorized by the county free public library (c) Unlawful to destroy or damage library ma- to use the aforesaid library card. terials or to fail to reimburse for such materials or (Ord. No. 80-39, §§ 1-6) damages thereto. It shall be unlawful for any �, person to willfully destroy, deface, mar or other- wise damage any library book, audio or video re- cording,film,magazine or any other article of per- sonal property borrowed from the county free public library or any of its branches, or to fail to reimburse the library for destruction of or damage to such materials after ten days have elapsed from the date of receipt of a written request for reim- bursement by the library or an authorized agent of the library, whether or not said destruction or damage is willful or accidental. The notice re- questing reimbursement for such destruction or damage shall be sent by registered or certified mail addressed to such person at the last-known address furnished to the county free public li- brary as evidenced by the records retained by the library. (d) Unlawful to furnish false name or address or to use a false library card. It shall be unlawful for any person, with intent to secure the loan of any book, audio or video recording, film, maga- zine or any other article of personal property from the county free public library or any of its branches, to furnish a false name or address or to present, with such intent, a false, forged or coun- terfeited library borrower's identification card to CD82:5 Chapters 83-85 RESERVED CD83:1