Monday, March 19, 2012

Getting to Know Chapter 43 of the Wisconsin State Statutes: Part 20, Municipal Library Board Composition

LINK (page 1 of 4)

43.54  Municipal library board composition. 

(1)  (a) Each public library established under s. 43.52 shall be administered by a library board composed
  • in each city of the 2nd or 3rd class or school district of 9 members, 
  • in each city of the 4th class of 7 members and 
  • in each village, town, tribal government or tribal association of 5 members. 


Sidebar  (from the Wisconsin State Statutes)


Population aside, the 2011-12 State of Wisconsin Blue Book lists Milwaukee as the state's only 1st class city.


(1)  (a) continued:  Additional stipulations:
  • Additional appointments.  Two additional members may be appointed to a library board for a village, town, tribal government or tribal association so that the board has 7 members. 
  • Residency.  Members shall be residents of the municipality, except that not more than 2 members may be residents of other municipalities
  • Method of appointment.  Members shall be appointed by the mayor, village president, town chairperson, tribal chairperson or school board chairperson, respectively, with the approval of the municipal governing body. 
  • Having to do with the annual sum appropriated by other muncipalities or county.  Up to 5 additional members may be appointed under s. 43.60 (3).

(1)  (am)   Library board membership.  Each public library established in a 1st class city shall be administered by a library board consisting of
  • the president of the board of school directors or his or her designee, 
  • the superintendent of schools or his or her designee, 
  • a member of the county board of supervisors who resides in the county, 
  • 3 alderpersons and
  • 6 public members. 
Appointments to the board in a 1st class city..
  • The county board member shall be appointed by the county executive or county administrator and confirmed by the county board for a 4-year term commencing on May 1. 
  • The 3 alderpersons shall be appointed by the mayor on the 3rd Tuesday in April from among those alderpersons serving 4-year terms and shall serve on the library board during their aldermanic terms. 
  • The 6 public members shall be residents of the city. 
    • Five of the public members shall be appointed by the mayor on the 3rd Tuesday in April to staggered 4-year terms. 
    • One of the public members appointed by the mayor under this paragraph shall be designated by the mayor as his or her representative on the board. 
    • One public member shall be appointed by the president of the common council on the 3rd Tuesday in April for a 4-year term. 
    • The public member appointed by the president of the common council under this paragraph shall be designated by the president of the common council as his or her representative on the board. 



(1)   (b)  Stipulations for all library boards
  • Upon their first appointment, the members shall be divided as nearly as practicable into 3 equal groups to serve for 2-, 3- and 4-year terms, respectively. 
  • Thereafter, each regular appointment shall be for a term of 3 years. 
  • Vacancies shall be filled for unexpired terms in the same manner as regular appointments are made. 
(c)  School district and municipal governing body representatives
  • The appointing authority shall appoint as one of the members a school district administrator, or the administrator's representative, to represent the public school district or districts in which the public library is located. 
  • Not more than one member of the municipal governing body shall at any one time be a member of the library board. 
(d)  No compensation shall be paid to the members of a library board for their services, except as follows:
  • 1. Members may be reimbursed for their actual and necessary expenses incurred in performing duties outside the municipality if so authorized by the library board.
  • 2. Members may receive per diem, mileage and other necessary expenses incurred in performing their duties if so authorized by the library board and the municipal governing body.
(e) A majority of the membership of a library board constitutes a quorum, but any such board may, by regulation, provide that 3 or more members thereof shall constitute a quorum. For library boards organized under par. (am), a majority of those seats on the board that are currently filled constitutes a quorum.

(1m)  Joint library boards
  • (a) Boards appointed for joint libraries under s. 43.53 shall: 
    • 1. Consist of 7 to 11 members and be representative of the populations of the participating municipalities. 
    • 2. Be appointed by the head of the municipal governing body of each participating municipality and county board chairperson of the participating county. (b) Subsections (1) (b) to (e) and (2) apply to joint library boards. 
(2) Election of officers of the library board.  As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter within 60 days after the beginning of terms, the members of the library board shall organize by the election, from among their number, of a president and such other officers as they deem necessary. 

(3) Reducing number of board members from 9 to 7.  In any city of the 2nd or 3rd class, the common council may, by a two-thirds vote, provide for the reduction of the number of appointive members of the library board to 7. 
  • Thereupon, whenever a term expires or a vacancy occurs, no appointment shall be made until the number of such members has been so reduced, whereupon the remaining members shall be by lot divided by the common council into 3 classes, 3 to serve for 3 years, 2 to serve for 2 years and 2 to serve for one year, respectively, from the date of such completed reduction, and thereafter each regular appointment shall be for a term of 3 years. 


Wisconsin Department of Public Instruction.    Frequently Asked Questions (FAQ) on Public Library Administration and Governance


History:
1971 Senate Bill 47.   43.26 (1), (2~i) (3) and (4) are renumbered 43.54 (1), (3) and (e) and 43.56, respectively, and amended
1977 Assembly Bill 1220.   43 .54 (1) (a) is amended.
1981 Assembly Bill 829.  43.54 (1) (a) and (b) are amended.
1983 Wisconsin Act 27.
  • 43.54 (1) (d) is amended.
  • 43.54 (1) (d) 2 is created. 
1985 Wisconsin Act 177.
  • 43.54 (1) (a) and (b) are amended 
  • 43.54 (1) (am)  is created 
  • 43.54 (1) (e)  is amended  
  • 43.54 (lm) is created
1987 Wisconsin Act 286.  
  • 43.54 (1) (am) is amended. 
  • 43.54 (1) (e) is amended.
1991 Wisconsin Act 261.  43 54 (1) (a) is amended.  Two additional members may be appointed to a library board for a village, town, tribal government or tribal association so that the board has 7 members.
1993 Wisconsin Act 184.  43.54 (1) (am) is amended.
2005 Wisconsin Act 226.  43.54 (1) (a) is amended.  Up to 2 5 additional members may be appointed under s. 43.60 (3).
2009 Wisconsin Act 207.  
  • 43.54 (1) (am) is amended.  (...  member of the county board of supervisors who resides in the county but outside the city...)
  • 43.54 (1) (e) is amended.  (For library boards organized under par. (am), 7 members constitute a majority of those seats on the board that are currently filled constitutes a quorum.
Related posts:
Part 1:  Legislative findings and declaration of policy.
Part 2:  Definitions.
Part 3:  General duties of the State Superintendent.
Part 4:  General duties of the Division.
Part 5:  Council on Library and Network Development.
Part 6:  Certificates and standards..
Part 7: County library planning committees.
Part 8:  County payment for library service.
Part 9:  Division review
Part 10.  Standards for public library systems.
Part 11.  Resource libraries.
Part 12:  Public library systems; general provisions.
Part 13.  Withdrawal, abolition, and expulsion.
Part 14.  Federated public library systems.
Part 15.  Consolidated public library systems.
Part 16.  State aid.
Part 17.  Public library records.
Part 18.  Municipal libraries.
Part 19.  Joint libraries.

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