2007 California Business and Professions Code Article 3. Duties And Powers Of Boards

CA Codes (bpc:6340-6350)

6340.  Each board of law library trustees shall establish and
maintain a law library at the county seat of the county in which it
is appointed and may lease suitable quarters therefor or construct
quarters pursuant to the provisions of this chapter, and may provide
leased or constructed quarters with suitable furniture and utility
services.



6341.  Any board of law library trustees may establish and maintain
a branch of the law library in any city in the county, other than the
county seat, in which a session of the superior court is held.  In
any city constituting the county seat, any board of law library
trustees may establish and maintain a branch of the law library at
any location therein where four or more judges of the superior court
are designated to hold sessions more than 10 miles distant from the
principal office of the court.  In any city and county any board of
law library trustees may establish and maintain branches of the law
library.  A branch is in all respects a part of the law library and
is governed accordingly.


6342.  A board of law library trustees may order the drawing and
payment, upon properly authenticated vouchers, duly certified by the
president and secretary, of money from out of the law library fund,
for any liability or expenditure herein authorized, and generally do
all that may be necessary to carry into effect the provisions of this
chapter.



6343.  A board may make and enforce all rules, regulations, and
by-laws necessary for the administration, government, and protection
of the law library, and of all property belonging thereto, or that
may be loaned, devised, bequeathed, or donated to it.  A board may
make expenditures for the suitable maintenance, repair, protection
and insurance against loss of such property, both real and personal.




6344.  A board may purchase books, journals, other publications, and
other personal property.  It may dispose of obsolete or duplicate
books, and other unneeded or unusable property.



6345.  A board may appoint a librarian and define the powers and
prescribe the duties of any officers, determine the number, and elect
all necessary subordinate officers and assistants, and at its
pleasure remove any officer or assistant.
   For the purpose of facilitating the recruitment of professional
and technically trained persons to fill positions for which there is
a shortage of qualified applicants, a board may authorize payment of
all or a part of the reasonable travel expense of applicants who are
called for interview and all or part of the reasonable travel and
moving expense of persons who change their place of residence to
accept employment with the law library.



6346.  A board shall fix the salaries of the secretary, librarian,
and other officers and assistants, and may require a bond of any
officer or assistant, in such sum as it may fix.  The premium on any
such bond given by an authorized surety company may be paid from the
law library fund.



6346.5.  A board of law library trustees may contract with the Board
of Administration of the State Employees' Retirement System, to make
all or any of the officers or employees of the law library members
of the system.


6346.6.  As an alternative to Section 6346.5, a board of law library
trustees may, with the consent of the board of administration of the
applicable retirement system, elect to make all or any of the
officers or employees of the law library members of the retirement
system which covers the officers and employees of the county in which
the law library is established and to have the law library officers
and employees deemed to be county employees for purposes of that
retirement system.  In the event of such an election, the employer
contributions on behalf of the covered law library officers and
employees shall be made from law library funds.




6347.  A board may contract with any law library association to make
use of its library as a public law library, under proper rules and
regulations to be prescribed by the board, either by lease or such
other contracts as may best carry into effect the purposes of this
chapter.



6348.  A board may expend surplus funds in excess of ten thousand
dollars (,000) under its control, not necessary for use to
maintain the law library, to acquire or lease real property and erect
thereon a library building to house the law library.  In the
alternative, a board of law library trustees may appropriate from
such surplus funds in excess of ten thousand dollars (,000), so
much as in the discretion of said board may be necessary to obtain
adequate quarters for the law library in any building hereafter
erected by the board of supervisors of the county in which the law
library is maintained.  The moneys so appropriated shall not be more
than the proportion of the total cost of such building which the
space allotted to the law library bears to the total usable space in
the building.  The moneys so appropriated may be transferred to the
board of supervisors of the county for use in erecting the building,
or may be paid directly on contracts for the erection thereof made by
the board of supervisors.


6348.1.  An appropriation to obtain quarters for the law library in
a building to be erected by the board of supervisors of the county,
may be made subject to such terms and conditions, including approval
of plans and specifications, and regarding maintenance and use of the
quarters, as may be mutually agreed upon by the board of law library
trustees and the board of supervisors.
   Where a board of law library trustees determines to erect a
library building to house the law library, the State of California or
the county or the city in which the building is to be located, may
set apart and dedicate or lease land owned by any of them for the
permanent use of the building and access thereto.



6348.2.  When a board of law library trustees in any county
determines to erect a library building to house the law library, it
may borrow money for that purpose and repay the loan from its future
income.  The board may borrow the money from any person, or private
or public agency, or corporation, in an amount not exceeding half of
the funds of the board allocated to the construction of the building,
upon such terms as may be agreed upon by the board and the lender
and approved by resolution of the board of supervisors of the county.



6348.3.  A library building erected to house the law library may
include not more than four courtrooms with offices in connection
therewith, offices for use of a county bar association, and an office
for a notary public and public stenographer, which courtrooms and
offices the board of law library trustees may lease, the income to be
deposited in the law library fund.



6348.4.  Real property acquired by a board other than by dedication,
may be sold by the board to the State of California or to any
governmental agency, the proceeds to be deposited in the law library
fund.


6348.5.  A board of law library trustees may invest surplus funds,
with the approval of the county treasurer, in excess of one hundred
thousand dollars (0,000) or of the average annual expenditures of
the library for the four fiscal years immediately preceding the
investment, whichever is lesser, in bonds of the government of the
United States or of this State.  Bonds so purchased may be sold at
any time in the discretion of the board.  In computing average annual
expenditures for the purposes of this section, capital expenditures
for the purchase of real property and construction of a library
building shall not be included.


6348.6.  In any county having a population of 400,000 but less than
700,000, a board of law library trustees may contract with the board
of supervisors of the county upon such terms as may be mutually
agreeable for the construction by the board of supervisors of a law
library building or any part thereof or for quarters in a building to
be erected by the board of supervisors.  Such agreement may be made
subject to such terms and conditions including approval of plans and
specifications, regarding the furnishing and equipping of the
building or quarters, and regarding maintenance and use of the
quarters, as may be mutually agreed upon by the board of law library
trustees and the board of supervisors.  Such contract may provide
that the board of law library trustees shall make payments to the
board of supervisors out of future income in payment for constructing
or furnishing or equipping such law library building or part thereof
or such quarters in a building.  Any contract heretofore executed by
a board of law library trustees and a board of supervisors, which,
if executed subsequent to the effective date of this section would be
valid, is hereby ratified and validated.



6348.7.  A board of law library trustees may enter into an agreement
with a county for the joint exercise of powers pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code for the purpose of constructing a building or
buildings to house the law library and court or county facilities,
without limitation as to the number of courtrooms such building or
buildings may contain, and may lease from any authority created
pursuant to such agreement the space required for law library
purposes.


6349.  Each board of law library trustees, on or before the 15th day
of August of each year, shall make an annual report to the board of
supervisors of the county in which the law library is maintained, for
the preceding fiscal year ending on the 30th day of June.  A copy of
the report shall be filed with the auditor of the county.
   The report shall give the condition of their trust, with full
statements of all their property and money received, whence derived,
how used and expended, the number of books, periodicals and other
publications on hand, the number added by purchase, gift, or
otherwise during the year, the number lost or missing, and such other
information as might be of interest.



6350.  A financial report, showing all receipts and disbursements of
money, shall be made by the secretary, duly verified by his oath, at
the same time that the report of the board is made.