(1) Except as provided in subdivision (a)(2), where a county legislative body or the governing body of a city or town, in lieu of giving support to a free public library already established, or of contracting with another library for library service, or of contracting with other counties or cities for the joint operation of a free public library, establishes an independent free library of its own, it shall appoint a board of seven (7), nine (9), or eleven (11) members. Not more than one (1) official each of the county and of the city governing bodies may serve on the board. The members shall serve without salary, at least three (3) for one (1) year, two (2) for two (2) years, and two (2) for three (3) years. If the board expands to more than seven (7) members as provided in this subdivision (a)(1), the additional members are appointed by the county and city legislative bodies to terms of one (1), two (2), or three (3) years. All successors shall serve for terms of three (3) years. Board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service.(2) In counties or cities having a population of more than four hundred thousand (400,000), according to the 2010 or any subsequent federal census, in which the mayor has assumed the powers of the library board as provided in subsection (c), the terms of advisory board members must be established as provided in subdivision (a)(1) with the exception that board members may serve as many consecutive terms as stated in their bylaws.(b) If a county legislative body, city governing body, or a county having a charter form of government elects to participate in the joint operation of a public library maintained by the county and one (1) or more cities within the county, the library board responsible for administering the library must be appointed by one (1) of the following methods:
(1) Except as provided in subdivisions (b)(2) and (3), a library board of seven (7), nine (9), or eleven (11) members may be appointed by the county legislative body and city governing bodies that are parties to the agreement, the number appointed by each to be determined according to the ratio of population in each participating city and in those areas of the county that lie outside the cities, based on the most recent federal census; provided, that each governmental body shall appoint at least one (1) member. Terms of office, qualifications of members, and powers and duties of the board must comply with §§ 10-3-101 – 10-3-108. Board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service;(2) In accordance with a contract as provided in § 5-1-113, in which case board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service; or(3) In accordance with a private act, in which case board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service.(c) A county or city having a population of more than four hundred thousand (400,000), according to the 2010 or any subsequent federal census, may by a two-thirds (2/3) majority vote of its legislative body vest supervisory authority over the public library system with the mayor. The mayor in the county or city shall exercise all powers which would otherwise be exercised by the library board pursuant to § 10-3-104. A library board must be retained in the county or city in accordance with this section but shall serve in an advisory capacity to the county or city mayor, as applicable.
