(Title 65, Article 10, passed 1965; enabling legislation to establish joint city-county public libraries; Section 552 revised 1971; Sections 554 & 555, revised 1982; Section 554 revised, 2007.)

Chapter 9 - Metropolitan Library Act

Section

551. Short title
552. Applicability
553. Purpose-commission created
554. Membership-tenure-compensation-secretary
555. Officers-meetings-quorum-contracts
556. Librarian
557. Annual budget and audit-contributions-allocation of income
558. Powers of commission
559. Bringing other cities and towns into system
560. Retirement system
561. Act as cumulative

551. Short title.-- This act shall be known and may be cited as the Metropolitan Library Act'. Laws 1965, c. 192, 1. Emerg. eff. June 8, 1965. Counties -- 21 1/2; Municipal Corporations -- 213.
552. Applicability.-- This act shall apply to any joint city-county public libraries established and maintained under the provisions of Article X, Section 10A of the Oklahoma Constitution in any county having a population of five hundred thousand (500,000) or more according to the 1960 or any succeeding Federal Decennial Census, provided, that in counties with less than five hundred thousand (500,000) population, and having a joint city-county public library, such library may elect to come under the provisions of this act upon a majority vote of the City-County Library Commission. Laws 1965, c. 192, 2; Laws 1971, c. 77, 1. Emerg. eff. April 16, 1971.
553. Purpose -- Commission created. - The purpose of this act is to foster and promote the establishment, maintenance and operation of city- county library systems in order to give all of the citizens of the counties affected hereby equal access to comprehensive library collections. It is the policy of the state to encourage the formation of such cooperative library systems to the end of avoiding unnecessary duplication in the maintenance and operation of public libraries and to stimulate the use of books and other library materials. In order to make adequate library services available to the residents of the more densely populated counties of this state, to provide for the most efficient development of library facilities within such counties and to provide for the each of such counties a city-county library system, there is hereby created in each of such counties which avails itself of the provisions of this act a Metropolitan Library Commission, with the powers and duties set out in this act. Laws 1965, c. 192, 3. Emerg. eff. June 8, 1965.
554. Membership--Tenure--Compensation--Secretary.
     
     1. (Subsection A does not apply to Oklahoma County.)
     2. Beginning July 31,2007, the metropolitan library commission for any county with a population of six hundred thousand (600,000) or more, as determined by the latest Federal Decennial Census, shall consist of the following members:
        
        1. thirteen (13) members who shall be appointed by the mayor of the county seat city, subject to approval of the governing body of that city.
        2. one member who shall be appointed by the board of county commissioners to serve as an at-large member of the commission representing citizens living in areas of the county not otherwise represented by an appointee,
        3. one member from each municipality in the county which has a library or library extension located within the boundaries of the municipality and which is a part of the metropolitan library system, who shall be appointed by the mayor of each municipality respectively, subject to the approval of the governing body of each municipality.
        4. the mayor of the county seat city, who shall be and ex officio member, and
        5. the chair of the board of county commissioners, who shall be an ex officio member.
     3. Any member serving on a commission subject to the provisions of the subsection on the effective date of this act may at the discretion of the appointing authority continue to serve until expiration of the term.
     4. For any commission created pursuant to this subsection, the mayor of the county seat city and the chairman of the board of county commissioners shall be ex officio members of the commission and shall be entitled to vote on all matters.
     5. For any commission created pursuant to this subsection, the terms of the initial appointees of the county seat city shall be staggered so that the terms of all members do not expire in the same year. The terms of all appointees to the commission shall expire July 31, of the year the term expires, regardless of the calendar date the appointments are made. All appointments to the commission shall be for three-year terms, except in the case of an appointment to fill a vacancy in the membership for the commission, which shall be for the balance of the unexpired term. Once qualified, a member of the commission may be removed from office only for misconduct or neglect of duty. If the member requests a hearing before the governing body which appointed the member, removal shall be effective only after a hearing has been held. All members of the commission shall serve without compensation and shall serve until a successor is appointed and confirmed. The librarian provided for in Section 556 of this title shall be the secretary of the commission and shall be a nonvoting member of the commission.
        Laws 1982. Emergency eff. July 31, 2007.
555. The commission shall elect its chairman from the appointed members and fill such other offices as its bylaws may establish. The term of the chairman shall be one (1) year. The commission shall hold at least one meeting each month and all meetings shall be open to the public, except for matters concerning personnel. It shall adopt rules for the transaction of business and keep a record of its functions and activities, which record shall be a public record. For the purpose of conducting business and exercising the powers of the commission, in cities with a population of four hundred thousand or more, ten commissioners shall constitute a quorum. The commission may establish a schedule of fees to cover various services rendered and may also contract with other persons, agencies and any governmental unit for such services as it may require, including private legal counsel and private auditing service, within the limits of its appropriations, and may incur necessary expenses. The commission may contract for, receive, and utilize any grants or other financial assistance from the United States or from any other source, public or private, in furtherance of its functions; may incur necessary expenses in obtaining said grants or financial assistance, within the limits of its appropriations; and shall receive and disburse such grants or other financial assistance. Laws 1982. Emergency effective July 1, 1982.
556. Librarian.-- The commission shall appoint a librarian of the metropolitan library system on the basis of merit and experience. Such librarian shall be a graduate of a library school accredited by the American Library Association. The librarian shall serve at the discretion of the commission. The librarian may appoint and remove staff members and other employees, subject to the approval of the commission. Laws 1965,
     c. 192, 6. Emerg. eff. June 8, 1965.
557. Annual budget and audit--Contributions--Allocation of income.--It shall be the duty of the commission to prepare an annual budget which shall be subject to the general review of the governing body of the city and the Board of County Commissioners. The Metropolitan Library Commission shall submit an annual audit of its expenditures and income to the Board of County Commissioners and the governing board of the city. This audit shall be prepared by an independent accountant. Each county and city establishing a city-county library system, as herein provided, at the beginning of each fiscal year or as soon thereafter as may be practicable, shall agree upon the necessary contributions to be made by each for the establishment, operation and maintenance of the city-county library system, appropriate such funds as may be agreed upon and combine said funds with funds from any source. Periodically, as may be agreed upon, the city and county shall contribute their appropriated funds to a common fund upon claims therefor being filed by the commission with the governing body of the city and with the Board of County Commissioner. After approval of the claims, the contributions shall be made by warrants issued by the appropriate officers and made payable to the city treasurer or county treasurer, as may be agreed upon by the city and county. Said common fund shall be maintained as a depository account. Vouchers shall be drawn by such officer or employee as prescribed by the Metropolitan Library Commission. The officer or employee of the commission designated shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00) the premiums for which shall be payable from the operating funds of the metropolitan library. The designated officer or employee shall be governed by the same statutory provisions relating to depository accounts as apply to county officials generally. Nothing contained herein shall be construed as exempting from the application of the general statutes relating to appropriations the funds contributed by the city and county to the common fund. Income of the city-county library system from fines, fees, sales of personal property and other miscellaneous sources, excluding income from sales of real property, shall not be considered general revenue of either the city or the county. It shall be deposited promptly directly to the depository account of the metropolitan library. Income from this source shall constitute a revolving fund which shall not be subject to fiscal limitations and which may be expended by the commission.

     In the event funds are made available for library purposes in the county, pursuant to the provisions of Article X, Section 10A of the Oklahoma Constitution, all or any part of the cost of establishing, maintaining and operating the city-county library system as set forth in the powers granted to the commission in the succeeding section, and otherwise, may be paid with such funds, and the Metropolitan Library Commission is authorized hereby to administer the expenditure of such funds Laws

     1965, c. 192. 7. Emerg. eff. June 8, 1965.

558. Powers of commission.--Every Metropolitan Library Commission created by this act shall have all powers necessary or convenient for the accomplishment of the purpose and provisions hereof, including, in addition to others herein granted, the following powers:
     
     1. To operate and maintain a city-county library system and to adopt such rules and regulations for the operation thereof as may be deemed necessary or expedient.
     2. To purchase, lease, or otherwise acquire land or buildings or portions of buildings for library purposes.
     3. To erect, maintain, and operate public library buildings at one or more places in the county.
     4. To accept transfer of any existing public library or libraries by lease or other conveyance.
     5. To acquire, by purchase or otherwise, books and other personal property customarily used in the operation of public libraries including necessary motor vehicles.
     6. To sell and dispose of personal property acquired by purchase or other means when by proper resolution and commission finds that said property is not needed for library purposes.
     7. To accept, hold, and convey legal title to interests in real property in the name "Metropolitan Library Commission of_________ County" which shall be its official name. Deeds or other conveyances of said interests in real property shall be executed for and on behalf of the commission by the chairman and shall be attested by the secretary.
     8. To accept, or in its discretion to decline donations tendered to the city-county library system.
     9. To administer the expenditure of any funds, which may become available for library purposes pursuant to the provisions of Article X, Section 10A of the Constitution of the State of Oklahoma.
     10. To borrow on the credit of the commission for a period of time not to exceed one year.
     11. To do all other things necessary or desirable to carry out the purposes and provisions of this act. Laws 1965, c. 192, 8. Emerg. eff. June 8, 1965.
559. Bringing other cities and towns into system.--The governing body of any other city or town in any county is authorized to contract with the Metropolitan Library Commission, to bring such other city or town into the city-county library system, upon such terms as may be mutually agreed upon, and for that purpose may lease to the Metropolitan Library Commission any library facilities or property which such other city or town may own, may include in its annual budget appropriations for participation in the city- county library system, and shall pay over to the city-county system funds so appropriated. Laws 1965, c. 192, 9. Emerg. eff. June 8, 1965.
560. Retirement system. --If pursuant to the provisions of Chapter 37 of Title 11 of the Oklahoma Statutes, or of any statute supplemental thereto or of any charter provision of the city, a retirement system is established for the employees of the city, the employees of the city-county library system may be included in that retirement system on the same basis applicable to employees of the city, if the commission so recommends and the governing body of the city approves. Nothing otherwise provided by law shall operate to prohibit the appropriation of county funds for the payment of the county's pro rata share of the contribution to be made to the retirement fund on behalf of the employees of the city-county library system. In the event funds become available for library purposes pursuant to the provisions of Article X, Section 10A, of the Oklahoma Constitution, the entire contribution on behalf of the employees of the city-county library system may be paid from such funds. The commission may act so as to cause its employees to be included in the state retirement system and from its funds make the contributions necessary therefor. The commission may, in lieu of participation in the above mentioned retirement systems, provide for the retirement of the employees of the city-county library system by the establishment of a self- insured trust, or by the purchase of annuity contracts or pension contracts from any insurance company authorized to do business in the State of Oklahoma. Laws 1965, c. 192. 10; Laws 1968, c. 196.1.
     Emerg. eff. April 15, 1968.
561. Act as cumulative.--This act is intended to be cumulative and in addition to any other law heretofore passed on libraries and shall not repeal any law on this subject. Laws 1965, c. 192, 11. Emerg. eff. June 8, 1965.