GIFT OF fc^LIFORNIA STATE LIBRARY I. L. GILLIS, Ubraran CALIFORNIA inty Free Library Law SACRAMENTO: \ ^r5. 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