Kansas Library Laws

MAXIMUM TERM OF LIBRARY BOARD. Letter, September 4, 1964, to Mr. Leroy Fox, State Librarian, Topeka, Kansas.

You have forwarded to this office a query from the librarian of Gypsum Public Library asking whether it is lawful for a member of a library board to hold office for twelve (12) years or fourteen (14) years.

Since the request did not include reference to the law under which this library was founded, it is difficult to give a certain answer. However, by examining the current law relating to terms of library board members, together with the former statues, we can give you an educated guess.

The present law governing library boards establishes two four-year terms as the maximum consecutive time a board member may serve. K.S.A. 12-1222. The prior law did not specifically establish a maximum consecutive time limit, but it does speak of board members holding four-year terms "until their successors are appointed." G. S. 12-1203.

We do not deny the fact that it could cogently be argued that the old law would allow a library board member to succeed himself in perpetuity. However, it is the opinion of this office that the legislature has created new public policy by placing on library boards the two four-year term maximum consecutive time limit. If applied, this public policy should be retroactively applied to library boards established under the old law. Therefore, a library board member should not be allowed to serve more eight years.

- Quoted from Kansas Public Library Laws, Attorney General’s Opinions and Rules and Regulations, State Library of Kansas, March 1979.

CITIES - LIBRARIES - CITY, COUNTY AND TOWNSHIP LIBRARIES. Duane F. Johnson, State Librarian, Kansas State Library, Topeka, October 30, 1989.

Synopsis: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions that are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Cont. Art. 12, Section 5.

Dear Mr. Johnson:

You request our opinion as to whether K.S.A. 1988 Supp. 12-1222 is subject to charter ordinance under article 12, § 5 of the Kansas Constitution. You indicate that the city of Gypsum has exempted itself from the requirement that library board members be residents of the municipality, and substituted a requirement that board members be residents of the city of Gypsum or two surrounding townships. This substitute requirement was apparently adopted because the city had difficulty recruiting city residents to serve on the library board.

Under article 2, § 5 of the Kansas Constitution, a city may exempt from the application of a state statute by enacting a charter ordinance which provides substitutes or additional provisions on the same subject. However, in the event that the statute is contained in an enactment applicable uniformly to all cities, the city may not employ a charter ordinance to supersede the statute. The use of home rule has accordingly often hinged upon the presence of some non-uniform provision in an act, for even one such section is sufficient to "taint" an otherwise uniformly applicable act. City of Junction City v. Griffin, 227 Kan. 32 (1980).

K.S.A. 1988 Supp. 12-1222 is not uniformly applicable to all cities for the reason that cities having a population of more than 250,000 may provide a library board composed of ten members, whereas all other cities are limited to a seven-member library board. Thus, a city may adopt a charter ordinance exempting itself from the provisions of K.S.A. 1988 Supp. 12-1222, including the requirement that members of a library board be residents of a municipality. Additionally, we are unaware of any other statutory or constitutional provision which would require that library board members be residents of the municipality.

Very truly yours,

Robert T. Stephan
Attorney General of Kansas

Terrence R. Hearshman
Assistant Attorney General
- provided by the State Library of Kansas