12-1222.   City, county and township libraries; board;appointment; terms; eligibility; vacancies; expenses.Subject to the provisions ofK.S.A. 2009 Supp.12-16,128, and amendmentsthereto, upon the establishment of a library under this act the official headof a municipality shall appoint, with the approval of the governing body, alibrary board for such library. In the case of a county, except forJohnson county, or township library five members shall beappointed, one for a term expiring the first April 30following date of appointment, one for a term expiring thesecond April 30, following date of appointment, one for a termexpiring the third April 30 following date of appointment, andtwo for terms expiring the fourth April 30 followingdate of appointment. Inthe case of a city library seven members shall be appointed, one for a termexpiring the first April 30 following dateof appointment, two for terms expiring the second April30 following date of appointment,two for terms expiring the third April 30 following date ofappointment, and two for terms expiring the fourth April 30 followingdate of appointment. The governing body of anycity may, as an alternative to the membership hereinabove provided for,appoint 10 members to the city library board, which membersshall have terms asfollows: Six of such members first appointed shall serve for terms offour years and four of such members first appointed shall serve forterms of two years; thereafter, upon the expiration of the terms,successors shall be appointed in each odd-numbered year to fill thevacancies created, and thereafter each member shall serve for a term offour years. In addition to the appointed members of the board theofficial head of the municipality shall be ex officio a member of thelibrary board with the same powers as appointed members, but no personholding any office in the municipality shall be appointed a member whileholding such office.

      Seven members shall be appointed to the Johnson county library board.Such members, when first appointed,shall have terms as follows: One for a term expiring the first April 30following date of appointment, two for terms expiring the second April 30following date of appointment, two for terms expiring the third April 30following date of appointment, and two for terms expiring the fourth April30 following date of appointment.

      Upon the expiration of the terms of members first appointed succeedingmembers shall be appointed in like manner for terms of four years.Members of library boards holding office at the effective date of this actshall continue to hold their offices until April 30 following theexpiration of the terms for which appointed, and on or before May 1following the first expiration of a term a sufficient number shall beappointed by the official head of the municipality with the approval of thegoverning body for terms of four years to constitute a library board ofthe number of members prescribed by this act.

      All members appointed to a library board shall be residents of themunicipality. Vacancies occasioned by removal from the municipality,resignation or otherwise, shall be filled by appointment for the unexpiredterm. No person who has been appointed for two consecutive four-yearterms to a library board shall be eligible for further appointment to suchboard until one year after the expiration of the secondterm. Appointmentsmade prior to the effective date of thisact shall not be counted in determining eligibility for appointmenthereunder. Members of library boards shall receive no compensation fortheir services as such but shall be allowed their actual and necessaryexpenses in attending meetings and in carrying out their duties as members.

      History:   L. 1951, ch. 485, § 5;L. 1975, ch. 62, § 1;L. 1985, ch. 72, § 1;L. 2005, ch. 17, § 1;L. 2008, ch. 163, § 5; July 1.