Colorado Code § 24-90-109

Powers and duties of board of trustees
Open in Lexace · Ask the AI about this section
(1) The board of trustees shall:
(a) Adopt such bylaws, rules, and regulations for its own guidance and policies for the
governance of the library as it deems expedient. The bylaws shall include, but not be limited to,
provisions for the definition of good cause to be applied in the removal of a trustee pursuant to
section 24-90-108 (5); designation of those officers to be appointed or elected and the manner of
such appointment or election; rules and regulations for the conducting of meetings; rules for
public participation in meetings; and procedures for amending the bylaws. The bylaws of a
library district shall further provide for the length and number of terms of board members. A
copy of the bylaws shall be filed with the legislative body of each participating governmental
unit and the state library in accordance with section 24-90-105 (1)(m).
(b) Have custody of all property of the library, including rooms or buildings constructed,
leased, or set apart therefor;
(c) Employ a director and, upon the director's recommendation, employ such other
employees as may be necessary. The duties of the director shall include, but not be limited to:
(I) Implementing the policies adopted by the board of trustees pursuant to paragraph (a)
of subsection (1) of this section;
(II) Recommending individuals for employment by the board of trustees; and
(III) Performing all other acts necessary for the orderly and efficient management and
control of the library.
(d) Submit annually a budget as required by law and certify to the legislative body of the
governmental unit or units that the library serves the amount of the mill levy necessary to
maintain and operate the library during the ensuing year;
(e) (I) In county and municipal libraries, have exclusive control and spending authority
over the disbursement of the library funds as appropriated by its legislative body, including all
assets of the public library fund, as set forth in section 24-90-112 (2)(a);
(II) In library districts, adopt a budget and make appropriations for the ensuing fiscal
year as set forth in part 1 of article 1 of title 29, C.R.S., and have exclusive control and spending
authority over the disbursement of library funds as set forth in section 24-90-112 (2)(a);
(f) Accept such gifts of money or property for library purposes as it deems expedient;
(g) Hold and acquire land by gift, lease, or purchase for library purposes;
(h) Lease, purchase, or erect any appropriate building for library purposes and acquire
such other property as may be needed therefor;
(i) Sell, assign, transfer, or convey any property of the library, whether real or personal,
which may not be needed within the foreseeable future for any purpose authorized by law, upon
such terms and conditions as it may approve, and lease any such property, pending sale thereof,
under an agreement of lease, with or without an option to purchase the same. The board, prior to
the conveyance of such property, shall make a finding that the property may not be needed
within the foreseeable future for library purposes, but no such finding shall be necessary if the
property is sold or conveyed to a state agency or political subdivision of this state.
(j) Borrow funds for library purposes by means of a contractual short-term loan when
moneys are not currently available but will be in the future. Such loan shall not exceed the
amount of immediately anticipated revenues, and such loan shall be liquidated within six
months.
(k) Authorize the bonding of persons entrusted with library funds;
(l) (I) In the case of a county or municipal library, submit financial records for audit as
required by the legislative body of the appropriate governmental unit; or
(II) In the case of any library district, conduct an annual audit of the financial statements
of the district.
(m) Adopt a policy for the purchase of library materials and equipment on the
recommendation of the director;
(n) Hold title to property given to or for the use or benefit of the library, to be used
according to the terms of the gift;
(o) (Deleted by amendment, L. 2009, (HB 09-1072), ch. 74, p. 265, § 6, effective August
5, 2009.)
(p) Have the authority to enter into contracts;
(p.5) Maintain a current, accurate map of the legal service area and provide for such map
to be on file with the state library;
(q) Receive the true and correct copies of all school district collective bargaining
agreements submitted pursuant to the "Colorado School Collective Bargaining Agreement
Sunshine Act", section 22-32-109.4, C.R.S., and create an electronic or physical repository for
all of said current collective bargaining agreements at the library that is available to the public
for inspection during regular business hours in a convenient and identified location.
(2) At the close of each calendar year, the board of trustees of every public library shall
make a report to the legislative body of the town or city, in the case of a municipal library or
library district formed by a municipality, or the board of county commissioners of each county
having territory within the legal service area, in the case of a county library or library district,
showing the condition of its trust during the year, the sums of money expended, and the purposes
of the expenditures and such other statistics and information as the board of trustees deems to be
of public interest.
(2.5) At the close of each calendar year, the board of trustees of every public library
shall make a report to the state library in the form of a response to a survey to be designed and
administered by the state library. The report shall contain such other statistics and information as
may be required by the state library.
(3) The board of trustees of a public library or the governing board of any other publicly
supported library, under such rules and regulations as it may deem necessary and upon such
terms and conditions as may be agreed upon may allow nonresidents of the governmental unit
which the library serves to use such library's materials and equipment and may make exchanges
of books and other materials with any other library, either permanently or temporarily.
(4) In addition to the powers and duties of a board of trustees specified in subsection (1)
of this section, the board of trustees of a school district supported public library, municipal
library, county library, or a library district shall have the authority to request of the board of
education in the case of a school district supported public library, the legislative body of the city
or town in the case of a municipal library, or the board of county commissioners in the case of a
county library or library district that an election be held to alter the maximum tax levied to
support the school district supported public library, municipal library, county library, or library
district pursuant to section 24-90-112 (1)(b)(III), in which case such board of education,
legislative body, or board of county commissioners shall cause the vote to be held. For purposes
of this subsection (4), "school district supported public library" means any library solely
established and maintained by a school district for which such school district began levying a tax
before the enactment of the "Colorado Library Law" on July 1, 1979. For all other purposes
under this article, a school district supported public library shall be deemed a public library.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.