2022 Kentucky Revised Statutes Chapter 173 - City, county, and regional libraries 173.490 Terms of board members -- Appointment to fill vacancies -- Removal of members -- Advisory board. (Effective January 1, 2023).
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173.490 Terms of board members -- Appointment to fill vacancies -- Removal
of members -- Advisory board. (Effective January 1, 2023)
(1)
(a)
(b)
(c)
One-third (1/3) of the persons first appointed to the board shall serve for a
term of two (2) years, one-third (1/3) for a term of three (3) years and
one-third (1/3) for a term of four (4) years. Where the board consists of a
number of members not divisible by three (3), one-third (1/3) of the next
higher number divisible by three (3), shall serve for a term of two (2)
years, one-third (1/3) for a term of three (3) years, and the remaining
number shall serve for a term of four (4) years. Thereafter, as their terms
expire, the board shall make recommendations on their successors, who
shall be appointed as set out in paragraph (b) of this subsection.
The board shall recommend two (2) persons committed to the provision
of library services to the Department for Libraries and Archives for each
vacancy. The names shall be forwarded to the Department for Libraries
and Archives and the state librarian and commissioner shall recommend
those names to the county judge/executive. The county judge/executive
shall immediately, with the approval of the fiscal court, 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:
1. a.
May immediately, with the approval of the fiscal court, make
the selection from those recommended by the state librarian
and commissioner; 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 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.
Board members thus appointed shall serve a term of four (4) years each.
Trustees may serve for two (2) consecutive terms after which they shall
not succeed themselves. They may be reappointed no earlier than twelve
(12) months following the end of their last service. The members shall
hold office until their respective successors are appointed and qualified.
After absence of a trustee from four (4) regular monthly meetings of the
board during any one (1) year of the trustee's term, the trustee shall be
considered to have automatically resigned from the board. An advisory
(2)
(3)
board may be appointed and serve as specified in the bylaws of the board
of trustees.
Any vacancy occurring in the terms of office of members shall be filled for the
unexpired term by the county judge/executive, with the approval of the fiscal
court, by appointment on recommendation of the state librarian and
commissioner of two (2) names of persons committed to the provision of library
services and living in the county in which the vacancy occurred 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
appointment on the recommendation of the state librarian and
commissioner of two (2) names of persons committed to the
provision of library services and living in the county in which the
vacancy occurred; and
2.
If the county judge/executive decides not to make the appointment
from the first recommendations, shall request the Department for
Libraries and Archives to submit within thirty (30) days two (2)
additional recommended persons for the unfilled appointment, and,
with the approval of the fiscal court, may make the selection from
those recommendations; and
(b) For any remaining unfilled appointment after the provisions of paragraph
(a) of this subsection have been followed, shall appoint, with the approval
of the fiscal court, an individual of his or her choosing 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. Any person appointed in accordance with this
paragraph shall be committed to the provision of library services and
living in the county in which the vacancy occurred. 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.
A member of the board may be removed from office as provided by KRS
65.007.
Effective:January 1, 2023
History: Amended 2022 Ky. Acts ch. 221, sec. 2, effective January 1, 2023. -Amended 1990 Ky. Acts ch. 58, sec. 18, effective July 13, 1990. -- Amended
1984 Ky. Acts ch. 218, sec. 2, effective July 13, 1984. -- Amended 1982 Ky.
Acts ch. 245, sec. 10, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 18,
sec. 16, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 8, sec. 6; and ch.
74, Art. VIII, B, sec. 1. -- Created 1960 Ky. Acts ch. 114, sec. 5.
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