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N.J.S.A. The board of trustees of such joint library shall consist of (a) the mayor or other chief executive officer of each participating municipality; (b) the superintendent of schools of the local school district of each such municipality, or, if there be no such official, 1 of the principals in the local school system, selected by the mayor or other chief executive officer, or, if there be neither of such officials, the president of the board of education; and (c) 3 citizens to be appointed by the mayor or other chief executive officer of each such municipality, at least 2 of whom shall be residents of the municipality. The initial appointments of such citizen members shall be for terms of 3, 4 and 5 years, respectively, as they may be selected by the mayor or other chief executive officer. Thereafter, such citizen appointments shall be for terms of 5 years and until their successors are appointed and qualify. The original citizen appointments in any municipality having a free public library at the time for the formation of the joint library shall be made from among the appointed citizen members of the board of trustees of such library. Vacancies occurring on the board of trustees shall be filled for the unexpired term only. The mayor or other chief executive officer and the superintendent of schools or the principal, as the case may be, serving as a member of the board, may, respectively, appoint an alternate to act in his place with authority to attend all meetings of the board and in his absence, to vote on all questions before the board. L.1959, c. 155, p. 621, § 8. Amended by L.1986, c. 99, § 1. N.J.S.A. Upon the formation of a joint free public library, the terms of office of the members of the board of trustees of any free public library of any participating municipality shall terminate. The assets and obligations of any such board of trustees shall devolve upon such municipality unless otherwise provided in the agreement. L.1959, c. 155, p. 621, § 9. N.J.S.A. The board of trustees of the joint library shall be a body corporate under the name of "The trustees of the joint free public library of . . . (insert the names of the participating municipalities, or other appropriate designation). . . ." L.1959, c. 155, p. 622, § 10. N.J.S.A. The board of trustees shall be vested with authority to carry out the purposes of the joint library, in the manner provided for free public libraries governed pursuant to chapter 54 of Title 40 of the Revised Statutes. The powers and duties of boards of trustees of free public libraries governed by said chapter are hereby conferred and imposed upon the board of trustees of such joint library and its trustees and officers. L.1959, c. 155, p. 622, § 11. Amended by L.1988, c. 38, § 4. N.J.S.A. The director or other chief administrative officer of a joint free public library serving two or more municipalities shall: a. cause copies of the voter registration forms and instructions furnished under subsection f. of section 16 of P.L.1974, c. 30 (C. 19:31-6.4) to be displayed at the principal and any branch location of that library and to be made available to each person who, when appearing in person at such location, may wish, on a voluntary basis, to register to vote; b. provide for the continuous supply of the forms and instructions specified in subsection a. of this section to each such principal or branch location; and c. provide the forms and instructions specified in subsection a. of this section in both the English and Spanish languages to each library which provides services under any program administered by the library which is located in any county in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c. 29 (C. 19:23-22.4). L.1994, c. 182, § 39. N.J.S.A. The board of trustees of the joint library shall designate the chief financial officer of 1 of the participating municipalities as the disbursing officer for such joint library. L.1959, c. 155, p. 622, § 12. N.J.S.A. Employees of any free public library of any participating municipality at the time of the formation of the joint library shall, upon the formation thereof, become employees of the joint library without diminution in salary. L.1959, c. 155, p. 622, § 13. N.J.S.A. The board of trustees of the joint library shall, not later than December 1 of each year, certify to the respective municipalities the sum required for the operation of the joint library for the ensuing year and the share of such sum to be borne by each of the municipalities in accordance with the method of apportionment provided in the joint library agreement. If the governing body of any of the municipalities objects to the amount or apportionment so certified, it shall forthwith call a joint meeting of the governing bodies and the board of trustees for the purpose of adjusting and settling any differences. If the governing bodies of such municipalities cannot agree, the matter shall be referred to the Director of the Division of Local Government for determination. L.1959, c. 155, p. 622, § 14. N.J.S.A. Each municipality shall appropriate its proportionate share of the sum so certified or agreed upon or determined in its annual budget, shall raise the same by taxation, and shall pay over said share to the disbursing officer of the joint library at the times annual appropriations for other departments of the municipality are paid over. Operations under the budget and related matters shall be subject to and in accordance with rules of the local government board. L.1959, c. 155, p. 623, § 15. N.J.S.A. If the board of trustees shall determine that it is advisable to raise money for the acquisition of lands or a building or buildings or for the improvement of lands or for erecting, enlarging, repairing, altering, furnishing, decorating or equipping a building or buildings or for other capital improvement for the purpose of a joint free public library, it shall certify to the respective municipalities the sum or sums, in addition to such moneys as it may have on hand applicable to such purposes, estimated to be necessary for such purposes, and the share of such sum or sums to be borne by each municipality in accordance with the method of apportionment provided in the joint library agreement. If the governing body of any of the municipalities objects to any of said purposes or to the amount or apportionment of said sum or sums, it shall forthwith call a joint meeting of the governing bodies and board of trustees for the purpose of adjusting or settling any differences. If the governing bodies of such municipalities cannot agree, the matter shall be referred to the Director of the Division of Local Government for determination. L.1959, c. 155, p. 623, § 16. N.J.S.A. Each municipality, to provide for such capital improvement, shall either: (a) appropriate its proportionate share of the sum or sums for the purposes certified or agreed upon or determined in the same manner as other appropriations are made by it pursuant to the Local Budget Law (R.S.40:2-1 et seq.)1; or(b) by ordinance appropriate such sum or sums for such purposes, pursuant to said ordinance borrow the sum or sums so appropriated and secure the repayment of the sum or sums so borrowed by the authorization and issuance of bonds or notes of the municipality pursuant to and in the manner and within the limitations prescribed by the Local Bond Law (R.S. 40:1-1 et seq.)2. L.1959, c. 155, p. 623, § 17. 1Repealed. See, now, §40A:4-1
et. seq. N.J.S.A. The board of trustees shall be empowered and authorized, with the consent of the governing bodies of the municipalities, to undertake the purpose or purposes for which such appropriation for capital improvement was made and to expend moneys therefor to the amount of such appropriation, in addition to other moneys available therefor. L.1959, c. 155, p. 624, § 18. N.J.S.A. The title to any real estate acquired pursuant to any such appropriation shall be taken in the names of the municipalities as tenants in common, but the use and control thereof shall be in the board of trustees so long as such real estate is used for joint free public library purposes. L. 1959, c. 155, p. 624, § 19. If the governing body of any municipality shall determine by ordinance to propose to discontinue its participation in the support, maintenance and control of the joint free public library, it shall give notice thereof to the governing body of each of the other participating municipalities and to the board of trustees. The said governing bodies and board of trustees shall hold a joint meeting as soon as practicable for the purpose of arriving at an agreement as to the method of such discontinuance, the use of the library facilities thereafter, the adjustment, apportionment, accounting for, settlement, allowance and satisfaction of the rights and liabilities in or with respect to any property, obligations or other matters or things connected with said library, and such other matters and things in connection therewith as such governing bodies shall determine. If said governing bodies shall be unable to agree, the matter shall be referred to the Director of the Division of Local Government for determination. L.1959, c. 155, p. 624, § 20. N.J.S.A. When such discontinuance has been agreed upon or determined and if the governing body of the municipality proposing such discontinuance shall determine to proceed therewith, (a) such governing body shall introduce an ordinance authorizing and directing the submission to the legal voters the question whether said municipality shall discontinue participation in the joint library pursuant to said agreement or determination, which agreement or determination may be incorporated by reference in said ordinance provided said agreement or determination shall be and remain on file in the office of the municipal clerk for public inspection; (b) if said ordinance shall be adopted, a copy thereof and of said agreement or determination shall be filed with the Director of the Division of Local Government and the State Librarian; and (c) the question of such discontinuance shall be submitted to the legal voters of such municipality at the next general election to be held therein not less than 40 days after the adoption of said ordinance, and said agreement or determination shall remain on file in the office of the municipal clerk for public inspection pending such election. L.1959, c. 155, p. 625, § 21. Amended by L.2001, c.137, § 57. N.J.S.A. Such question shall be placed upon the official ballots for such election in substantially the following form: "Shall . . . (name of municipality submitting the question) . . . discontinue joint participation with . . . (name of the other participating municipality or municipalities) . . . in the support, maintenance and control of a joint free public library pursuant to chapter . . . (insert chapter number of this act) . . . of the laws of 1959?" L.1959, c. 155, p. 625, § 22. If at said election the question is approved in such municipality by a majority of the legal votes cast both for and against such question, the joint participation of said municipality in the support, maintenance and control of said joint free public library shall be discontinued in accordance with the agreement or determination. If more than 2 municipalities have united to participate in such joint free public library, the participation by the remaining municipalities shall continue, unless otherwise provided for in the discontinuance agreement or determination. L.1959, c. 155, p. 625, § 23. N.J.S.A Sections 40:54-30 to 40:54-34, inclusive, of the Revised Statutes are repealed. L.1959, c. 155, p. 626, § 24. EDITORIAL NOTEThe following statute exempts library expenditures from N.J.S.A. 40A:4-45.3 which is popularly referred to as the "cap" law. There are numerous exemptions to the "cap" law. Only the sections which refer to public libraries and association libraries have been included. CHAPTER 4. LOCAL BUDGET LAW N.J.S.A. In the preparation of its budget a municipality shall limit any increase in said budget to 5% or the index rate, whichever is less, over the previous year's final appropriations subject to the following exceptions: r. Amounts expended to fund a free public library established pursuant to the provisions of R.S. 40:54-1 through 40:54-29, inclusive. x. Amounts expended to aid privately owned libraries and reading rooms, pursuant to R.S.40:54-35. L. 1976, c. 68, § 3. Amended by L. 1977, c. 10, § 1; L. 1983, c. 49, § 5. L. 1985, c. 82, § 1; L. 1988, c. 66. EDITORIAL NOTEUnder various forms of government in New Jersey, the mayor has the authority to appoint many municipal officials including the Library Board of Trustees. Under other forms of government in New Jersey, the mayor may also have the power to appoint municipal officials, but the officials so appointed are not specifically named in law. The following four statutes specify the power of the mayor to appoint the Board of Trustees under these specific forms of government. CHAPTER 69A. FORMS OF MUNICIPAL GOVERNMENT: ADOPTION AND EFFECT N.J.S.A. The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in its proceedings. He shall fill vacancies occurring in the trustees of the public library and in the board of education where the municipality is operating under chapter 6 of Title 18 of the Revised Statutes1 for such terms of office as are provided by law. All bonds, notes, contracts and written obligations of the municipality shall be executed on its behalf by the mayor or, in the event of his inability to act, by such councilman as the municipal council shall designate to act as mayor during his absence or disability. The powers and duties of the mayor shall be only such as are expressly conferred upon him by this article. L.1950, c. 210, p. 486, § 9-7. 1Section 18A:10-1 et seq. N.J.S.A. Any provision of general law conferring the appointing power or other power upon the mayor or other executive head of the municipality shall be construed as meaning the municipal manager in a municipality governed under this article, and the appointments or the power exercised by the municipal manager in accordance with such provision shall be classified and given the same force and effect as if executed by the official named therein, except that members of the board of education and of the trustees of the public library, whenever required to be appointed by any such provision by any board or official of the municipality, shall be appointed under this article by the mayor, and except that the mayor shall serve as the fifth member of the board of school estimate pursuant to N.J.S. 18A:22-1. L.1950,c. 210,p. 490, § 9-18. Amended by L. 1981, c. 68, § 1. N.J.S.A. The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in its proceedings, but shall not have the power of veto. He shall fill vacancies occurring in the trustees of the public library for such terms of offices as are provided by law. All bonds, notes, contracts and written obligations of the municipality shall be executed on its behalf by the mayor or, in the event of his inability to act, by such councilman as the municipal council shall designate to act as mayor during his absence or disability. The powers and duties of the mayor shall be only such as are expressly conferred upon him by this subtitle. N.J.S.A. In any act or ordinance a provision conferring the power of appointment or other power upon the mayor or other executive head of the municipality shall be construed as meaning the municipal manager in a municipality governed under this subtitle, and the appointments or the power exercised by the municipal manager in accordance with such provision shall be classified and given the same force and effect as if executed by the official named therein, except that members of the board of education and of the trustees of the public library,whenever required to be appointed by any such provision by any board or official of the municipality, shall be appointed under this subtitle by the mayor. EDITORIAL NOTEThe following statute concerns the funding of association libraries by a municipality. The operation and structure of association libraries are governed by the provisions of N.J.S.A. Title 15A. ARTICLE 3. AID TO PRIVATELY OWNED LIBRARIES AND READING ROOMS N.J.S.A. The governing body of any municipality may appropriate and raise such sum of money as in its judgement may be deemed necessary to aid libraries and reading rooms in serving any such municipality, whether such libraries and reading rooms be located in such municipality or in an adjoining municipality; provided, the person or corporation owning or controlling any library and reading room receiving and accepting such aid shall keep the same open free to the use of the public at such reasonable hours as meets the approval of the governing body of such municipality. As amended L.1938, c. 68, p. 179, § 1; L.1941, c. 199, p. 589, § 1; L.1943, c. 24, p. 58, § 1; L.1947, c. 219, p. 880, § 1; L.1956, c. 78, p. 165, § 1. Last
updated: March 15, 2000.
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