HomeMy WebLinkAboutAGENDA REPORT 2024 0109 LB REG ITEM 07ACITY OF MOORPARK
MOORPARK LIBRARY BOARD
AGENDA REPORT
TO: Moorpark Library Board
FROM: Jessica Sandifer, Deputy Parks and Recreation Director
DATE: 01/09/2024 (Regular Meeting)
SUBJECT: Consider Library Board Role and Alternatives
BACKGROUND
In California, public libraries are the responsibility of local government. Local governments
are not required to form public libraries, but there are a variety of state laws and
constitutional provisions which allow them to do so. The laws that govern public libraries
are generally permissive, which means that across the state library boards and their roles
vary significantly, depending on the type of library and local ordinances. Municipal Library
laws are governed by Education Code Section 18910 -18927.
There are two main types of library boards: governing and advisory. A governing board
is either elected by the general population or appointed by the jurisdictional government.
An advisory board may be appointed or elected. The main difference between them is
that a governing board generally has more direct oversight over library operations and
finances, while an advisory board provides recommendations to the governing body on
these topical areas. Municipal library law designates the library board as governing,
however a City Council may appoint its own members as the library board and also create
an advisory board to help govern the library system and draft the ordinances that set up
the municipal library system to reflect the advisory capacity of the Library Board.
At the November 21, 2023 Library Board meeting, Boardmember Goble requested an
item be brought forward to the Board to discuss the roles of the Board, and potential
alternatives to the Board structure. In response, staff researched adjoining independent
library systems and their board functions to facilitate the Boards discussion.
DISCUSSION
In 2007, the City of Moorpark elected to withdraw from the Ventura County Library System
and perform library operations as a public-private partnership, by contracting with Library
Systems and Services, inc. (LSS) to provide responsible staffing of the Mo orpark City
Library (MCL). Moorpark Municipal Code (MMC) Section 2.70 was adopted setting out
the duties and responsibilities of the Library Board. The initial ordinance followed the
ITEM: 7.A.
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Library Board
01/09/2024 Regular Meeting
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California Education Code requirements, which outlined the responsibilities of the Board
to set library policies, procedures, regulations, programming, duties and powers of the
librarian and other employees, material purchases, interlibrary lending policies, and
reports required by the California State Library.
Initially, the City Council was set up as the library board, and they performed all the duties
and functions of the Library Board as defined in MMC 2.70. However, in 2011, the City
Attorney reviewed the setup of the various Boards and Commissions and determined that
modifications needed to be made to the ordinance to clarify the responsibilities of the
Library Board of Trustees and clarify the appointment procedure. The main issue at that
time was that the City Council terms of office did not align with the terms of office outlined
in the Education Code. The City Attorney opined that this overlap would require that if a
City Councilmember was not re-elected, they would still be authorized to serve out their
term on the Library Board, even if they were not on the City Council. In consideration of
how this could be confusing, the City Council elected to move forward with modifications
to the ordinance and with recruitment of public members to be considered for appointment
to the Library Board. The change from the City Council to a body consisting of public
members, turned the Library Board into an advisory body to the City Council. The
modifications to MMC 2.70 consisted of removing decision making authority and turning
those decisions into recommendations to be made to the City Council as it relates to the
core functions noted above. Additionally, the City Council also maintains authority over
the budget and financial decisions without need of Library Board input. Currently, the
Library Board makes recommendations to the City Council on library policies, procedures,
regulations, programming, material purchases, interlibrary lending policies, and reviews
quarterly and annual reports required by the California State Library.
Within Ventura County there are three cities that maintain independent libraries,
Camarillo, Simi Valley, and Thousand Oaks. Camarillo and Simi Valley use the services
of LSS and Thousand Oaks uses in-house staffing. In all three cities, the City Council
functions as the Library Board with final decision-making authority over all Library related
decisions without benefit of an advisory committee. The Board of Supervisors also
functions as the Library Board for the County Library System. In Simi Valley and
Camarillo, the ordinances that created the Library Board were written to acknowledge the
term of a councilmember that sits on the Library Board and to have the library board term
expire when the City Council term expires. These ordinances were written after 2011.
There are many cities throughout the state that maintain a Library Board that functions in
an advisory capacity. A quick google search showed that the City of Orange, City of
Hemet, City of Palmdale, City of Carlsbad, City of Huntington Beach, and Daly City all
maintain advisory library boards. In all instances, a review of the agendas of these
advisory boards indicates that these boards are set up similar to the Moorpark Library
Board in terms of the topics that they cover, and recommendations that they are asked to
make to their respective governing bodies.
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Library Board
01/09/2024 Regular Meeting
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Given that currently, the MCL policies and procedures are well established, and that the
Library Board has a limited role, meetings are often cancelled due to lack of items to
present. Generally, there is a need for four to six meetings per year. At a minimum, staff
endeavors to hold the meetings quarterly to review the reports for the prior calendar
quarter, and the year-end annual report. When possible, meeting topics are reserved and
combined, to make the most of the Boards time when meetings are held.
STAFF RECOMMENDATION
Receive and file report.
ATTACHMENTS:
1 – Education Code Section – 18910-18927
2 – Moorpark Municipal Code Section 2.70
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12/28/23, 11:02 AM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=11.&chapter=5.&article=2.1/2
Code:Select Code Section:1 or 2 or 1001 Search
18910.
18911.
18912.
18913.
18914.
18915.
18916.
18917.
18918.
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EDUCATION CODE - EDC
TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. )
DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. )
PART 11. LIBRARIES [18010 - 20092] ( Part 11 enacted by Stats. 1976, Ch. 1010. )
CHAPTER 5. Municipal Libraries [18900 - 18965] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. )
ARTICLE 2. Trustees [18910 - 18927] ( Article 2 enacted by Stats. 1976, Ch. 1010. )
The public library shall be managed by a board of library trustees, consisting of five members, to be
appointed by the mayor, president of the board of trustees, or other executive head of the municipality, with the
consent of the legislative body of the municipality.
(Enacted by Stats. 1976, Ch. 1010.)
The trustees shall hold office for three years. The members of the first board appointed shall so classify
themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two at the end
of one year thereafter, and two at the end of two years thereafter.
The legislative body of the municipality may, by ordinance, provide for the compensation of such trustees; provided
that the respective compensation for such trustees shall not exceed fifty dollars ($50) per month.
(Enacted by Stats. 1976, Ch. 1010.)
Men and women are equally eligible to appointment as trustees.
(Enacted by Stats. 1976, Ch. 1010.)
Vacancies shall be filled by appointment for the unexpired term in the same manner as the original
appointments are made.
(Enacted by Stats. 1976, Ch. 1010.)
Boards of library trustees shall meet at least once a month at such times and places as they may fix by
resolution.
(Enacted by Stats. 1976, Ch. 1010.)
Meetings of the board are governed by the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(Amended by Stats. 2007, Ch. 343, Sec. 3. Effective January 1, 2008.)
A majority of the board shall constitute a quorum for the transaction of business.
(Enacted by Stats. 1976, Ch. 1010.)
The board shall appoint one of its number president, who shall serve for one year and until his successor is
appointed, and in his absence shall select a president pro tem.
(Enacted by Stats. 1976, Ch. 1010.)
The board shall cause a proper record of its proceedings to be kept.
(Enacted by Stats. 1976, Ch. 1010.)
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
ATTACHMENT 1
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12/28/23, 11:02 AM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=11.&chapter=5.&article=2.2/2
18919.
18920.
18921.
18922.
18923.
18924.
18925.
18926.
18927.
The board of library trustees may make and enforce all rules, regulations, and bylaws necessary for the
administration, government, and protection of the libraries under its management, and all property belonging
thereto.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees may administer any trust declared or created for the library, and receive by
gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not
otherwise provided, dispose of the property for the benefit of the library.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees may prescribe the duties and powers of the librarian, secretary, and other
officers and employees of the library; determine the number of and appoint all officers and employees, and fix their
compensation. The officers and employees shall hold their offices or positions at the pleasure of the board.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees may purchase necessary books, journals, publications, and other personal
property.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees may purchase real property, and erect or rent and equip, such buildings or
rooms, as may be necessary, when in its judgment a suitable building, or portion thereof, has not been provided by
the legislative body of the municipality for the library.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees may request the appropriate state officials to furnish the library with copies of
any and all reports, laws, and other publications of the state not otherwise disposed of by law.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees may borrow books from, lend books to, and exchange books with other
libraries, and may allow nonresidents to borrow books upon such conditions as the board may prescribe.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees may do and perform any and all other acts and things necessary or proper to
carry out the provisions of this chapter.
(Enacted by Stats. 1976, Ch. 1010.)
The board of library trustees, or if there is no board of trustees, then the administrative head of the library
shall, on or before August 31st, in each year, report to the legislative body of the municipality and to the State
Librarian on the condition of the library, for the year ending the 30th day of June preceding. The reports shall, in
addition to other matters deemed expedient by the board of trustees or administrative head of the library, contain
such statistical and other information as is deemed desirable by the State Librarian. For this purpose the State
Librarian may send to the several boards of trustees or administrative heads of the library instructions or question
blanks so as to obtain the material for a comparative study of library conditions in the state.
(Enacted by Stats. 1976, Ch. 1010.)
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12/28/23, 11:03 AM Chapter 2.70 MOORPARK CITY LIBRARY
https://library.qcode.us/lib/moorpark_ca/pub/municipal_code/item/title_2-chapter_2_70?view=all 1/4
Moorpark, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.70 MOORPARK CITY LIBRARY
2.70.010 Library system established.
2.70.020 Library board of trustees created.
2.70.030 Membership—Term of office.
2.70.040 Qualifications.
2.70.050 Removal of members.
2.70.060 Absence from meetings.
2.70.070 Resignation.
2.70.080 Organization.
2.70.090 Duties and responsibilities.
2.70.100 Compensation.
2.70.110 Employment and compensation restrictions.
2.70.010 Library system established.
The city council of the city of Moorpark hereby establishes the Moorpark city library and adopts the
provisions of an act of the legislature of the state of California entitled “Municipal Libraries” as set forth in
Education Code Section 18900 et seq., regarding the regulation and maintenance of a public library system.
The establishment of the Moorpark city library shall be effective January 1, 2007. (Ord. 403 § 1, 2011; Ord.
341 § 1, 2006)
2.70.020 Library board of trustees created.
A city library board of trustees, hereinafter referred to as library board, is established with membership,
powers, and duties as provided in this chapter and as set forth in Education Code Section 18900 et seq.
(Ord. 403 § 1, 2011; Ord. 341 § 1, 2006)
2.70.030 Membership—Term of office.
ATTACHMENT 2
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12/28/23, 11:03 AM Chapter 2.70 MOORPARK CITY LIBRARY
https://library.qcode.us/lib/moorpark_ca/pub/municipal_code/item/title_2-chapter_2_70?view=all 2/4
A. The library board shall consist of five (5) members to be appointed by the city council through an
advertisement, recruitment, and appointment process as established by city council policy and/or resolution.
Pursuant to that policy, the mayor shall solicit suggested nominees from members of the council; prior to
making a motion for appointment, the mayor shall announce the names of all persons he or she intends to
nominate, and in the order to be nominated; the mayor shall then make a motion putting forth each
individual name to be approved for appointment; a second shall be required; and the council shall vote on
each appointment individually. The term of a library board member shall be for a period of three (3) years,
except as specified in California Education Code Section 18911 for the first board. Board members shall
serve staggered terms in accordance with California Education Code Section 18911. If a vacancy occurs
otherwise than by expiration of a term of office, it shall be filled for the unexpired portion of the term of office
in the same manner as the original appointments are made.
B. Nothing in this chapter is intended to preclude the reappointment of any library board member upon
the expiration of his or her term. (Ord. 403 § 1, 2011)
2.70.040 Qualifications.
A. The members of the library board shall be residents and registered voters of the city. When a person
serving on the library board ceases to be a resident of the city, the mayor shall declare such person’s
position on the board as vacant, and shall nominate another eligible person to the unexpired term of such
former member, pursuant to Section 2.70.030(A) of this chapter.
B. Members of the board shall, where possible, be selected on the basis of special knowledge of
libraries, library programs, or related subjects.
C. No members of the library board shall receive any compensation from the city or otherwise have any
interest in any city contract. For purposes of this section, an interest in a city contract shall be measured as
though the library board were the approving body for such contract, utilizing then relevant provisions of the
California conflict of interest laws and regulations. The foregoing exclusions shall not apply to any stipend
received by the member for service on the library board, or any reimbursement for necessary expenses, to
the extent such reimbursement is permitted by city policies. The foregoing exclusions shall also not apply to
any contracts in existence as of the date the member assumes office to the extent such continuing contract
would not be precluded by state conflict of interest laws if the member were a city councilmember. (Ord. 403
§ 1, 2011)
2.70.050 Removal of members.
Any member of the library board may be removed for any of the following reasons:
A. For cause, by a majority vote of the legislative body;
B. Absence from meetings pursuant to Section 2.70.060;
C. Conviction of a felony that would preclude an elected official from the right to hold an elected office.
(Ord. 403 § 1, 2011)
2.70.060 Absence from meetings.
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12/28/23, 11:03 AM Chapter 2.70 MOORPARK CITY LIBRARY
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A. If a member of the library board is absent from three (3) successive regular meetings of the board,
without cause, the office of such member shall be deemed to be vacant and the term of such member shall
be ipso facto terminated and the secretary of the library board shall immediately inform the city council of
such termination.
B. An absence due to illness or an unavoidable absence from the city and written notice thereof to the
secretary of the board on or before the day of any regular meeting of the board shall be deemed absence for
cause. (Ord. 403 § 1, 2011)
2.70.070 Resignation.
Any member of the library board may resign at any time. The resignation of the board member shall be in
writing and shall be deemed effective immediately upon receipt of the city clerk regardless of the date
specified in the resignation. The city clerk shall immediately inform the city council of any such vacancy by
causing a copy of the resignation to be sent to each councilmember. (Ord. 403 § 1, 2011)
2.70.080 Organization.
A. At the regular meeting in July of each year, the library board shall elect its president from among the
appointed members for the term of one (1) year; and, subject to other provisions of law, may create and fill
such other offices as it may determine.
B. The board shall hold regular monthly meetings as determined by the board at its July meeting of
each year, such determination to include the dates, time and place of such meetings. Should a need arise
during the year, the board may, by a majority vote, revise the dates, time and place of such monthly
meetings.
C. The board may hold such additional adjourned or special meetings as may be called in accordance
with the provisions of the Government Code.
D. If any regular meeting falls on a holiday, it shall be held on the next scheduled business day and all
meetings otherwise scheduled or noticed to be held on a regular meeting day falling on a holiday shall be
held at the meeting of the next business day without the necessity of any other or further notice.
E. Meetings of the board are governed by the Ralph M. Brown Act, as set forth in Government Code
Section 54950 et seq.
F. A majority of the board will constitute a quorum for the transaction of business. (Ord. 403 § 1, 2011)
2.70.090 Duties and responsibilities.
The duties and responsibilities of the library board are as follows:
A. The board may recommend to the city council all rules, regulations, and bylaws necessary for the
administration, government, and protection of the libraries under its supervision.
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12/28/23, 11:03 AM Chapter 2.70 MOORPARK CITY LIBRARY
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B.If directed by the city council, the board may administer any trust declared or created for the library,
and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or
elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library.
C.The board may recommend to the city council the duties and powers of the librarian, and other
employees of the library.
D.The board may make recommendations to purchase necessary books, journals, publications, and
other personal property.
E.The board may borrow books from, lend books to, and exchange books with other libraries, and may
recommend to the city council policy language to allow nonresidents to borrow books upon such conditions
as the board may prescribe.
F.The board shall on or before August 31st of each year review and submit a written report to the city
council and state librarian on the condition of the library for the fiscal year ending June 30th preceding. The
report shall, in addition to other matters deemed expedient by the board, contain such statistical and other
information as deemed desirable by the state librarian.
G.The board may perform such other duties as may be requested from time to time by the city council
or as authorized by California Education Code Section 18900 et seq. (Ord. 403 § 1, 2011)
2.70.100 Compensation.
Members of the library board shall receive compensation for their attendance at each meeting of the
board as approved by resolution of the city council at an amount not to exceed the compensation amount
set forth in California Education Code Section 18911. (Ord. 403 § 1, 2011)
2.70.110 Employment and compensation restrictions.
No member of the library board shall be eligible for employment by the city or to perform contractual work
for compensation by the city during his or her appointment term and for a period of one (1) year after leaving
that appointed office, with the exception of the compensation received for the elected office of mayor or as
an elected or appointed councilmember, after leaving the library board. (Ord. 432 § 11, 2014)
Contact:
City Clerk: 805-517-6223
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