Alabama Attorney General Opinion 1979-0070

OFFICE OF THE ATTORNEY GENERAL 99_000'70 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. ',CHURL JR. EXECUTIVE ASSISTANT February 16, 1979 ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY. ALABAMA 36130 AREA (2051.634-5130 WALTER 5. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Mr. Earl F. Evans, Chairman Muscle Shoals Regional Library Board P. O. Box 160 Florence, AL 35630 Municipalities - Library Boards It is not necessary, but permissi- ble, for municipalities comprising the Muscle Shoals Regional Library Board to appoint local library boards. Dear Mr. Evans: Your request for an opinion is: "Our regional library system is comprised of two counties, Colbert and Lauderdale, and contains six public libraries in the cities of Florence, Sheffield, Tuscumbia, Leighton, Rogersville, and Muscle Shoals. "Our regional board is composed of repre- sentatives appointed by the eight governing bodies who are also our eight appropriating bodies. Mr. Earl F. Evans February 16, 1979 Page 2 "We would like your opinion on the following questions: 1. Is it necessary for the six muni- cipalities of the region to appoint local library boards? 2. If so, what would be the powers and duties left to the local boards?" It is not necessary for the municipalities listed to appoint local library boards. This is true only because of your intent to maintain under §11-90-4, Code of Alabama 1975, a joint library board comprised of these municipalities and the two counties listed. There are now no governing or supervisory boards for the six municipalities under Alabama law, §§11.-90-1 and 11-90-2, - Code of Alabama 1975. In light of this, a joint library system with one joint library board may be established or maintained under §11-90-4, Code of Alabama 1975 by the contracting of the counties and municipalities in accord- ance with the provision of §11-90-4. Section 11-90-4 states in part: "In lieu of establishing or maintaining free public libraries exclusively for a single county or municipality in the manner provided in this chapter, the library board of any county or munici- pality free public library may contract, in behalf of the political unit repre- sented by such local library board to and with the library board of another political unit or governmental agency or instrumentality with respect to the establishment or maintenance of joint library service upon such terms as may be agreed upon by the several contract- ing parties. Where there is no exist- ing public library, the power thus to contract shall vest in the county_com- mission of the county or the governing body of the municipality." CHARLES A. GRADDICK Attorney General By- BERT N COHEN ASSISTANT ATTORNEY GENERAL Mr. Earl F. Evans February 16, 1979 Page 3 Clearly where there is no local library board, the governing bodies of the counties or municipalities act as the contracting parties for a joint system. Even though you have libraries established by municipal govern- ing bodies, it would be impractical for these governing bodies to first appoint local library boards under §11-90-2 for the sole purpose of these boards creating a joint board when the governing bodies can act as the contracting party directly. If we can be of further help in this matter please do not hesitate to call. Sincerely yours, BC:ln