10-3-103 - Library board Appointment Terms.
10-3-103. Library board Appointment Terms.
(a) (1) Except as provided in subdivision (a)(2), where a county legislative body and/or the governing body of a city or town, in lieu of giving support to a free public library already established, or of contracting with another library for library service, or of contracting with other counties and/or cities for joint operation of a free public library, establishes an independent free library of its own, it shall appoint a board of seven (7) members. Not more than one (1) official each of the county and of the city governing bodies shall serve on this board. The members shall serve without salary, three (3) for one (1) year, two (2) for two (2) years, and two (2) for three (3) years, and their successors for terms of three (3) years. Not more than five (5) of the members shall be of the same sex.
(2) In counties having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725) according to the 1980 federal census or any subsequent federal census, where a county legislative body and/or the governing body of a city or town, in lieu of giving support to a free public library already established, or of contracting with another library for library service, or of contracting with other counties and/or cities for joint operation of a free public library, establishes an independent free library of its own, it shall appoint a board of not less than seven (7) members nor more than nine (9) members. Not more than one (1) official each of the county and of the city governing bodies shall serve on this board. The members shall serve without salary, three (3) for one (1) year, two (2) for two (2) years, two (2) for three (3) years, and, if the board is expanded to more than seven (7) members as authorized in this subdivision, those members shall be appointed for and serve terms of three (3) years. Their successors shall serve for terms of three (3) years. Not more than five (5) of the members on a board of seven (7) members, six (6) of the members on a board of eight (8) members, or seven (7) of the members on a board of nine (9) members shall be of the same sex.
(b) Where a county legislative body or city governing body elects to participate in joint operation of a public library maintained by the county and one (1) or more cities within the county, the library board responsible for administering such joint library shall be appointed by one (1) of the following methods:
(1) (A) Except as provided in subdivisions (b)(1)(B) and (b)(1)(C), a library board of seven (7) members may be appointed by the county legislative body and city governing bodies which are parties to the agreement, the number appointed by each to be determined according to the ratio of population in each participating city and in the county outside the city or cities, based on the most recent federal census; provided, that each shall appoint at least one (1) member. Terms of office, qualifications of members and powers and duties of the board shall be in accordance with the provisions of §§ 10-3-101 10-3-108;
(B) In counties having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725) according to the 1980 federal census or any subsequent federal census, a library board of not less than seven (7) members nor more than nine (9) members may be appointed by the county legislative body and city governing bodies which are parties to the agreement, the number appointed by each to be determined according to the ratio of population in each participating city and in the county outside the city or cities, based on the most recent federal census; provided, that each shall appoint at least one (1) member. Terms of office, qualifications of members and powers and duties of the board shall be in accordance with the provisions of §§ 10-3-101 10-3-108;
(C) If the public library is a joint operation, then the legislative body of the county or city that provides the funding for the operational costs of such public library, exclusive of funding for any capital costs, shall appoint the board of seven (7) members. The provisions of this subdivision (b)(1)(C) shall apply to any county having a charter form of government and having a population of more than six hundred thousand (600,000) according to the 1990 federal census or subsequent federal census;
(2) A library board may be appointed in accordance with a contract as provided in § 5-1-113; and
(3) In accordance with a private act.
(c) Notwithstanding any other law to the contrary, in any county with a population not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-three thousand (383,000) according to the 2000 federal decennial census or any subsequent federal census, and which has adopted a charter form of government in accordance with title 5, chapter 1, part 2, such county, by a two-thirds (2/3) majority vote of the membership of its legislative body, may vest supervisory authority over the public library system with the county mayor. The county mayor in such county shall exercise all powers which would otherwise be exercised by the county library board pursuant to § 10-3-104. A county library board shall be retained in such county in accordance with the provisions of this section, but shall serve in an advisory capacity to the county mayor.
[Acts 1963, ch. 370, § 3; 1974, ch. 700, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 10-303; Acts 1990, ch. 972, §§ 1-5; 1998, ch. 711, § 1; 2003, ch. 90, § 2; 2003, ch. 99, § 1.]