Kevin S. Lewis, Assistant City Attorney	Phone: 605-394-4140
City web: www.rcgov.org	Fax: 605-394-6633
	e-mail: kevin.lewis@rcgov.org

MEMORANDUM

TO: Mayor Jim Shaw, Rapid City Common Council, Rapid City Public Library Board of Trustees, Director of Rapid City Public Library Greta Chapman

FROM: Kevin S. Lewis, Assistant City Attorney

DATE: January 8, 2006

RE: T he Rapid City Library Board of Trustees authority to approve contracts

The Rapid City Public Library Board of Trustees was established pursuant to SDCL 14-2-29 & 30. Title 14, Chapter 2 of the South Dakota Code establishes the powers of the Board of Public Library Trustees. Specifically, South Dakota Codified Laws give authority to the Board of Public Library Trustees to govern the library and take action without first having the approval of the Rapid City Common Council. This authority is found at SDCL 14-2-41 (5) that states the Library Board can enter into any contracts for the provision of or for the improvement of public library services.

The Board is appointed by the local governing board (City Council). (SDCL 14-2-35). SDCL 14-2-35 further states that “[A] public library ……..shall be governed by a board of public library trustees…”

The Library Board of Trustees has other duties and powers granted by the South Dakota Codified Laws.

The Board has statutory duties under SDCL 14-2-40. Those duties include appointing the librarian, adopt by-laws, prepare and submit an annual budget request to its governing board, adopt a final annual budge within those funds certified to it as being appropriated in the annual budge of its governing body, meet at least once during each quarter of the year, and prepare and submit an annual report to its governing body and to the South Dakota State Library.

The Library Board’s powers are found at SDCL 14-2-41. The Board may accept gifts, grants, devises or bequest made or offered by any person, private agency, governmental agency, for library purposes. (Subsection 1).

The Library Board may establish a special library gift fund. It shall be derived from all or any part of any gift, bequest, or devise, including interest thereon. The gift fund is to be separate continuing fund and no moneys in such fund shall revert to the general fund of any local governmental unit. (Subsection 2).

The Library Board may enter into interstate library agreement pursuant to the Interstate Library Compact. (Subsection 3).

The Library Board shall establish a collection of public library materials to be loaned on a pay basis and make reasonable charge for use thereof. (Subsection 4).

The Board of Trustees of the Library Board shall select the location of the public Library. The location is to be approved by the governing body, i.e. City Council. (SDCL 14-2-43).

If the Board of Trustees determines that the building fund or a part of it is not necessary, it may request the governing body to transfer all or part of the fund to any other fund for the purpose of providing public library services or for the purchase of library materials. Upon the receipt of such request, the governing board shall complete the requested transfer. (SDCL 14-2-46).