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173.725 Library board -- Members, number, appointment. (Effective January
1, 2023)
(1)
(2)
(3)
(4)
Upon the creation of a district, the fiscal court of each county in the district shall
at once notify the Department for Libraries and Archives of the establishment of
the district and shall forward to the department a copy of the petition required
pursuant to KRS 173.720. The Department for Libraries and Archives shall
then recommend to the county judge/executive of each county in the district the
names of suitable persons from among the signers of the petition to be
appointed to the board. The Department for Libraries and Archives in
recommending persons to the county judge/executive for appointment to the
board shall recommend twice as many persons for each county as the county
is entitled to have members appointed, and the county judge/executive shall,
with the approval of the fiscal court, immediately make the selection from those
recommended unless the fiscal court has adopted an alternative appointment
process through the passage of a resolution. For fiscal courts that adopt an
alternative appointment process, the county judge/executive:
(a) 1.
May immediately, with the approval of the fiscal court, make the
selection from those recommended by the Department for Libraries
and Archives; and
2.
For any appointments the county judge/executive decides not to fill
from the first recommendations, shall request the Department for
Libraries and Archives to submit within thirty (30) days two (2)
additional recommended persons for each unfilled appointment,
and, with the approval of the fiscal court, may make the selection
from those recommendations; and
(b) For any remaining unfilled appointments after the provisions of paragraph
(a) of this subsection have been followed, shall appoint, with the approval
of the fiscal court, individuals of his or her choosing, whether or not the
individuals signed the petition, no later than thirty (30) days after the day
the county judge/executive received the recommendations under
paragraph (a)2. of this subsection and made no appointment therefrom.
The county judge/executive shall notify the Department for Libraries and
Archives of the name of any individual appointed in the manner set out in
this paragraph.
Where the district consists of one (1) county, the county judge/executive shall
appoint five (5) persons from that county as members.
Where the district consists of more than one (1) county, the Department for
Libraries and Archives shall prescribe by regulation the number of board
members, provided that the board shall consist of:
(a) Not less than one (1) nor more than four (4) members from each county,
each county having such number of members as the proportion of its
population bears to the total population in the district; and
(b) Not less than five (5) members.
Where a county joins an already established district:
(a) The Department for Libraries and Archives shall, from among the signers
of the petition, recommend to the county judge/executive of each county
(b)
included in the new district for the first time twice as many persons for
appointment to the board as the county is entitled to have appointed, and
the county judge/executive shall select the members for the county from
this list unless the fiscal court has adopted an alternative appointment
process through the passage of a resolution. For fiscal courts that adopt
an alternative appointment process, the county judge/executive:
1. a.
May select the members for the county from those
recommended by the Department for Libraries and Archives;
and
b.
For any appointments the county judge/executive decides not
to fill from the first recommendations, shall request the
Department for Libraries and Archives to submit within thirty
(30) days two (2) additional recommended persons for each
unfilled appointment, and, with the approval of the fiscal court,
may make the selection from those recommendations; and
2.
For any remaining unfilled appointments after the provisions of
subparagraph 1. of this paragraph have been followed, shall
appoint, with the approval of the fiscal court, individuals of his or her
choosing, whether or not the individuals signed the petition, no later
than thirty (30) days after the day the county judge/executive
received the recommendations under subparagraph 1.b. of this
paragraph and made no appointment therefrom. The county
judge/executive shall notify the Department for Libraries and
Archives of the name of any individual appointed in the manner set
out in this subparagraph; and
The terms of the members of the counties composing the previously
existing district shall expire immediately upon the organization of the new
board and such vacancies shall be filled as provided in KRS 173.730.
Effective:January 1, 2023
History: Amended 2022 Ky. Acts ch. 221, sec. 4, effective January 1, 2023. -Amended 1990 Ky. Acts ch. 58, sec. 10, effective July 13, 1990. -- Amended
1984 Ky. Acts ch. 218, sec. 3, effective July 13, 1984. -- Amended 1980 Ky.
Acts ch. 18, sec. 17, effective July 15, 1980; and ch. 167, sec. 3, effective July
15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective
January 2, 1978. -- Created 1964 Ky. Acts ch. 92, sec. 4.
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