Code of the District of Columbia

§ 39–105. Board of Trustees — Duties; deposit of fines.

(a) The Board of Library Trustees shall:

(1) Have the authority to provide for the care and preservation of the library;

(2) Determine the policy of the public library;

(3) Have the authority to procure all goods and services necessary to operate the library system, independent of the Office of Contracting and the requirements of Chapter 3A of Title 2, except as specified in § 2-351.05, and in accordance with subsection (c) of this section;

(4) Have the authority to establish rules necessary for the organization and governance of the Board it deems necessary;

(5) Have the authority to establish rules necessary for the management of the library;

(6) Have the authority to prescribe rules for borrowing and returning books;

(7) Have the authority to fix, assess, and collect fines and penalties for the loss or injury to books and other library materials, and for the retention of books and other library materials beyond the period fixed by library rules;

(8) Account for and control, under the rules of the library and the laws of the District of Columbia, the spending of all public funds received by the library;

(9) Make an annual report to the Mayor and the Council of the District of Columbia on the operation of the public library on or before February 1st of each calendar year for the preceding fiscal year;

(10) Select and appoint a professional librarian as librarian of the public library to supervise and manage the day-to-day operations of the library, in accordance with the provisions of Chapter 6 of Title 1. The librarian of the public library shall appoint assistants and employees the Board deems necessary for the proper operation of the library, in accordance with the provisions of subchapter VIII of Chapter 6 of Title 1;

(11) Encourage and assist in the establishment of community support groups in the branch libraries which may advise the Board on library matters, gather information on the needs of the library, promote improvement of library services, and provide general support of library activities;

(12) Meet at least once every 2 months;

(13) Notwithstanding any other provision of law, the Board of Trustees of the District of Columbia Public Library is authorized to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the District of Columbia Public Library, with the prior review and approval of the Chief Financial Officer for the District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority;

(14) Allow, subject to rules issued pursuant to paragraph (15) of this subsection, revenue-generating activities on District of Columbia Public Library property; provided, that:

(A)(i) Revenue-generating activity conducted by the District of Columbia Public Library shall benefit the public but need not be related to library services as described in this chapter; and

(ii) Revenue generated pursuant to this subparagraph shall be deposited in the DCPL Revenue Generating Services Fund, established pursuant to § 39-117;

(B) Revenue-generating activity may be conducted by private users only with a permit granted by and at the discretion of the Board and after payment of a fee reasonably determined to cover the costs that will be incurred by the District of Columbia Public Library as a result of the activity; and

(C) Private users conducting revenue-generating activity may solicit donations subject to Chapter 17 of Title 44 [§ 44-1701 et seq.];

(15) Within 90 days of July 27, 2015, issue rules to implement the provisions of paragraph (14) of this subsection;

(16) Notwithstanding § 10-551.01, through its Chief Librarian or Executive Director or his or her designees, have the authority to:

(A) Acquire, in consultation with the Department of General Services, real property by lease for use by the library, for a period not to exceed 5 years;

(B) Issue revocable permits for short-term events, programs, and activities providing for the use of grounds and facilities under the jurisdiction of the Board of Library Trustees;

(C) Negotiate and execute lease agreements providing for the use of the Martin Luther King Jr. Memorial Library; provided, that such agreements are for an initial term of no more than 5 years and permit the exercise of no more than 2 one-year options; and

(D) Issue rules to implement the provisions of this paragraph; and

(17)(A) Notwithstanding § 1-1162.31(b), or any other provision of the law, have the authority, through its Chief Librarian or Executive Director or his or her designees, to:

(i) Promote, endorse, co-sponsor, solicit for, or collaborate with a charitable organization whose sole mission is to support the public library;

(ii) Contract for advertisements for and sponsorships of the public library for programming and facilities improvements for the purpose of generating resources for the public library or a charitable organization that supports the public library;

(iii) Sell tickets to select public library events or events benefitting a charitable organization whose sole mission is to support the public library;

(B) Deposit revenue generated pursuant to subparagraph (A)(ii) and (iii) of this paragraph for the purpose of benefitting the public library into the DCPL Revenue-Generating Activities Fund in accordance with § 39-117; and

(C) Issue rules to implement the provisions of this paragraph.

(b) All monies received by the Board for fines and penalties shall be paid to the unrestricted fund balance of the General Fund of the District of Columbia.

(c)(1) The Board may issue rules to govern its procurement. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day period, the proposed rules shall be deemed disapproved.

(2) The Board may exercise procurement authority consistent with rules promulgated under this chapter until the Board promulgates rules under paragraph (1) of this subsection.