MISSISSIPPI LEGISLATURE
2018 Regular Session
To: State Library
By: Representative Straughter
AN ACT TO AMEND SECTION 39-3-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY MUNICIPAL OR COUNTY PUBLIC LIBRARY THAT IS LOCATED IN A RURAL COUNTY MAY REVISE THE EMPLOYMENT REQUIREMENTS THAT ARE PRESCRIBED BY THE LIBRARY COMMISSION WHEN HIRING A LIBRARY SYSTEM DIRECTOR IN A COUNTY; TO PROVIDE A CERTAIN DEFINITION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 39-3-17, Mississippi Code of 1972, is amended as follows:
39-3-17. (1) The trustees
of the administrative board designated pursuant to Section 39-3-13(4),
immediately after their appointment or election, shall meet and organize by the
election of such officers as they deem necessary. They shall (a) adopt such
bylaws, rules and regulations for their own guidance and for the government of
the library as they deem expedient; (b) meet at least once in each quarter; (c)
have the supervision, care and custody of all property of the library,
including the rooms or buildings constructed, leased or set apart therefor; (d)
employ a library system director, prescribe his/her duties, fix his/her
compensation, and remove him/her for cause; (e) employ, upon the recommendation
of the library system director, such other staff as may be necessary and fix
their compensation; (f) submit annually to the governing body a budget
containing estimates for the ensuing year; (g) have exclusive control of the
finances of the library system; (h) accept such gifts of money or property for
library purposes as they deem expedient; (i) on recommendation of the
library system director, purchase books, periodicals, maps, equipment,
insurance and supplies for the library system; (j) dispose of equipment and
discarded library materials as provided in Section 19-7-5 * * *; and (k) do all
other acts necessary for the orderly and efficient management and control of
the library system. But no expenditure made or contracted by the trustees
shall be binding on any county or municipality so as to require any payment in
excess of funds made available for library purposes under this article.
(2) (a) There shall
be one (1) library director for each library system. * * * The library system director shall
have such educational qualifications as are prescribed by the Mississippi
Library Commission. The library system director shall administer and establish
procedures according to policies established by the administrative board of
trustees. His or her duties shall include: ( * * *i) employment of staff with the
approval of the board of trustees; ( * * *ii) prescription of staff duties; ( * * *iii) removal of staff for cause; ( * * *iv) preparation of the budget; ( * * *v) financial and statistical
management; ( * * *vi)
reporting to board of trustees; and ( * * *vii) other acts necessary for the
orderly and efficient administration of the library system.
(b) In lieu of the educational requirements prescribed by the Library Commission for hiring a library system director, the board of trustees in any rural county may satisfy the educational requirements for such director by equivalent experience and a bachelor's degree in library science. As used in this paragraph, "rural county" means the following:
(i) A county that has a population of less than fifty thousand (50,000) individuals;
(ii) An area that has less than five hundred (500) individuals per square mile; or
(iii) A municipality of less than fifteen thousand (15,000) individuals.
(3) In the event that a determination is made by the library system director to remove a staff member for cause, written notice of such decision shall be given to such staff member. A staff member who has received such notice shall be entitled to:
(a) Written notice of the reasons for such action, together with a summary of the factual basis therefor, which notice shall be given at least five (5) days prior to any hearing;
(b) An opportunity for a hearing before the board of trustees at which to present matters relevant to the reasons given for the decision, including any reasons alleged by the employee to be the reason for such action;
(c) Receive a fair and impartial hearing before the board;
(d) Be represented by legal counsel, at his own expense.
If the staff member does not request a hearing, the decision of the director shall be final.
(4) On at least a bi-monthly
basis, the board of supervisors of each county and the governing authority of
each municipality supporting a public library system shall transmit its warrant
or warrants constituting one-sixth (1/6) of the annual appropriation for the
support and maintenance thereof to the library director of such system. All
such warrants shall be deposited in one or more public depositories previously
selected by the board of trustees of the library system. * * * Such board of trustees shall,
by appropriate order spread upon its minutes, authorize the library director to
expend such funds for lawful purposes only and in accordance with its annual
budget previously adopted. All such funds shall be placed in the depository or
depositories selected by the administrative library board of trustees in the
same manner as provided in Section 27-105-305 for the selection of county
depositories, provided that the selection shall be effective on July 1 of each
year. Such depository shall place on deposit with the library director the
same securities as required in Section 27-105-315.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.