CHAPTER 71. District Libraries
Any district library commission, heretofore established to administer and supervise a free public library established by a school district pursuant to this chapter that requests and qualifies for exemption from § 6(a) and (b), Chapter 480, Volume 59, Laws of Delaware, on or before August 31, 1975, shall continue in existence and subject to this chapter shall be empowered to administer and supervise the free public library in its district; provided, however, that the Lewes Public Library may request exemption as provided herein after August 31, 1975.60 Del. Laws, c. 285, § 1; 69 Del. Laws, c. 29, § 1;
Each district library commission shall be composed of 5 members who are residents of the school district in which the public library is established. The 5 members serving on any such district library commission as of July 1, 1975, shall continue in office until the expiration of the terms for which they were appointed. Upon the expiration of the term of any member, such member’s successor shall be appointed by the Resident Judge of the Superior Court of the State for the county in which the school district is located for a term of 5 years. In case a district is located partly in each of 2 counties, the appointments to fill vacancies caused by expiration of a term shall be made alternately from the 2 counties by the Resident Judge of the county in which the greater number of residents of the school district reside. Appointment to fill an unexpired term is not to be considered a complete term. Each member shall hold office until the member’s successor is appointed and qualified. Any vacancy in the membership of the commission shall be filled by the Resident Judge for the unexpired portion of the 5 year term.60 Del. Laws, c. 285, § 1; 70 Del. Laws, c. 186, § 1;
A district library commission shall annually, from its members, elect a president, secretary and treasurer. The secretary and treasurer may be one and the same person. The district library commission shall meet at least quarterly in each year. Failure to hold 4 formal meetings shall, at the option of the county library advisory board, necessitate the appointment of a new district library commission as provided in § 7102 of this title. The district library commission may adopt a rule that the failure of any member to attend a specified number of meetings of the district library commission shall create a vacancy in the office of such member.60 Del. Laws, c. 285, § 1;
The district library commission shall select a librarian and other employees necessary for the proper conduct of the library. The district library commission may fix the compensation of its employees.60 Del. Laws, c. 285, § 1;
(a) The district library commission shall have the custody and management of the library and all property owned or leased, or donated, relating thereto. All money, from whatever source, shall be placed in the care and custody of the commission to be expended or retained by the commission for and in behalf of the library.
(b) The district library commission may procure and maintain suitable quarters for the library; purchase or accept donations or gifts of printed matter; employ employees; and shall have such further and additional powers as may be necessary for the foundation and establishment, and the support and maintenance of a library.
(c) The district library commission shall have the power to take and hold in the name of the district library commission real and personal property by deed, devise, bequest, gift, grant or otherwise, except by eminent domain, and to alien, sell, transfer and dispose thereof as an occasion may require, and the proceeds realized therefrom may be reinvested in other property, funds or securities for the benefit of the district library.
(d) The district library commission shall have the power to enter into contracts for any library service with any other library, business or with any governmental unit.
(e) All deeds of real estate and bills of sale and contracts shall be executed on behalf of the district library commission by the president and secretary of the district library commission.60 Del. Laws, c. 285, § 1;
(a) The district library commission shall make a detailed report to the county library advisory board annually of all its receipts and expenditures, and of all the property of the district in its care and custody, including a statement of any unexpended balance of money and of any bequests or donations in behalf of the district, and of any sum or sums received from the county or other governmental unit, with such recommendations as are deemed desirable.
(b) The district library commission shall also make such reports as may be requested by other governmental units.60 Del. Laws, c. 285, § 1;
The district library commission may make such rules and regulations for the conduct of the persons employed by it, and for the care and use of the books, newspapers, magazines, reviews and other media in the library by the persons using the library, and also concerning the conduct and deportment of all persons while in or about the library or reading room, as the commission shall or may from time to time deem proper and advisable. The use of the library and reading rooms or the contents thereof for library purposes shall be free to any citizen of the State. The rules and regulations made by the commission may be enforced by a suitable penalty including fines as may be set by the commission.60 Del. Laws, c. 285, § 1;
A district library commission located in a consolidated school district and responsible for the operation of more than 1 library may request the Resident Judge to appoint separate library commissions for each library in that district. Upon written request from the consolidated district library commission, the Resident Judge will make the number of appointments necessary to establish individual commissions for those libraries hitherto served by a consolidated commission, using those members currently serving on the consolidated commission as representatives of their library as nuclei for the new commissions. Upon such appointment of separate district library commissions the consolidated district library commissions shall cease to exist.60 Del. Laws, c. 285, § 1;