Chapter 10-Library Board of Trustees

2-10-1 PURPOSE

2-10-1 PURPOSE. The purpose of this Ordinance is to provide for the creation and appointment of a City Library Board of Trustees, and to specify that Board’s powers and duties.

2-10-2 LIBRARY TRUSTEES. The Board of Trustees of the Maquoketa Free Public Library, hereinafter referred to as the Board, consists of nine (9) members, one (1) of whom shall be a nonresident of the City of Maquoketa, but a resident of Jackson County. All resident Board members are to be appointed by the Mayor with the approval of the Council. The nonresident members shall be appointed by the Mayor with the approval of the Board of Supervisors.

2-10-3 QUALIFICATIONS OF TRUSTEES. All of the members of the Board shall be bona fide citizens and residents of the City, except the nonresident member, and all shall be over the age of eighteen (18) years.


1. Terms of Office. All appointments to the Board shall be for six (6) years, except to fill vacancies. Each term shall commence on July 1. Appointments shall be made every two (2) years of one-third (1/3) the total number as near as possible, to stagger the terms. The present incumbents are confirmed in their appointments and terms.

2. Vacancies. The position of any Trustee shall be vacant if he/she moves permanently from the City, or County in case of a nonresident Council Member, or if he/she is absent from six (6) consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the City. Vacancies in the Board shall be filled by appointment of the Mayor, with approval of the Council, or the Board of Supervisors in the case of the nonresident member, and the new Trustee shall fill out the unexpired term for which the appointment is made.

3. Compensation. Trustees shall receive no compensation for their services.

2-10-5 POWERS AND DUTIES. The Board shall have and exercise the following powers and duties:

1. To meet and elect from its members a President, Vice President and Secretary, and such other officers as it deems necessary. The City Treasurer shall serve as Board Treasurer, but shall not be a member of the Board.

2. To have charge, control and supervision of the Public Library, its appurtenances, fixtures and rooms containing the same.

3. To direct and control all the affairs of the Library.

4. To employ a Librarian, and authorize the Librarian to employ such assistants and employees as may be necessary for the proper management of the Library, and fix their compensation, provided, however, that prior to such employment, the compensation of the Librarian, assistants and employees shall have been fixed and approved by a majority of the members of the Board voting in favor thereof.

5. To remove the Librarian by a two-thirds (2/3) vote of the Board and provide procedures for the removal of assistants or employees for misdemeanor, incompetency or inattention to duty, subject, however, to the provisions of Chapter 70, Code of Iowa.

6. To select, or authorize the Librarian to select, and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, other Library materials, furniture, fixtures, stationery and supplies for the Library within budgetary limits set by the Board.

7. To authorize the use of the Library by nonresidents of the City and to fix charges therefor.

8. To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with ordinances and the law, for the care, use, government and management of the Library and the business of the Board, fixing and enforcing penalties for violations.

9. To have exclusive control of the expenditure of all funds allocated for Library purposes by the Council, and of all monie available by gift or otherwise for the erection of Library buildings, and of all other monie belonging to the Library including fines and rentals collected, under the rules of the Board.

10. To accept gifts of real property, personal property, or mixed property, and devises and bequests, including trust funds, to take the title to said property in the name of the Library, to execute deeds and bills of sale for the conveyance of said property, and to extend the funds received by them from such gifts, for the improvement of the Library.

11. To keep a record of its proceedings.

12. To enforce the performance of conditions on gifts, donations, devises and bequests accepted by the City Council.

13. To have authority to make agreements with the local County historical association, where such exists, and to set apart the necessary room and to care for such articles as may come into the possession of the association. The Trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are in their judgment of a historical and educational nature and pay for the same out of funds allocated for Library purposes.


1. Contracting. The Board may contract with any other Boards of Trustees of free public libraries of any other city, school, corporation, private or semi-private organization, institution of higher learning, township, or county, or with the trustees of any county library district for the use of the Library by their respective residents.

2. Termination. Such a contract may be terminated at any time by mutual consent of the contracting parties. It also may be terminated by a majority vote of the electors represented by either of the contracting parties. Such a termination proposition shall be submitted to the electors by the governing body of a contracting party on a written petition of not less than five percent (5%) in number of the electors who voted for Governor in the territory of the party at the last general election. The petition must be presented to the governing body not less than forty (40) days before the election. The proposition may be submitted at any election provided by law that is held in the territory of the party who is seeking to terminate the contract.

2-10-7 NONRESIDENT USE OF THE LIBRARY. The Board may authorize the use of the Library by nonresidents in any one or more of the following ways:

1. By lending the books or other materials of the Library to nonresidents on the same terms and conditions as to residents of the City, or upon payment of a special nonresident Library fee.

2. By establishing depositories of Library books or other materials to be loaned to nonresidents.

3. By establishing bookmobiles or a traveling Library so that books or other Library materials may be loaned to nonresidents.

4. By establishing Branch Libraries for lending books or other Library materials to nonresidents.

2-10-8 LIBRARY ACCOUNT. All money appropriated by the Council from the General Fund for the operation and maintenance of the Library shall be set aside in an account for the Library. Expenditures shall be paid for only on orders of the Board, signed by its President and Secretary. The warrant writing officers shall be the City Manager and the Deputy City Clerk.

2-10-9 ANNUAL REPORT. The Board shall make a report to the City Council immediately after the close of the Municipal fiscal year. This report shall contain statements of the condition of the Library, the number of books added thereto, the number circulated, the amount of fines collected, and the amount of money expended in the maintenance of the Library during the year, together with such further information required by the Council.