HB 1401 - AS INTRODUCED
2016 SESSION
\t16-2131
\t05/06
HOUSE BILL\t1401
AN ACT\trelative to public libraries.
SPONSORS:\tRep. Vose, Rock. 9; Rep. Harris, Rock. 9; Rep. Tucker, Rock. 23; Rep. D. Thomas, Rock. 5
COMMITTEE:\tMunicipal and County Government
-----------------------------------------------------------------
ANALYSIS
\tThis bill changes the name of the public librarian to library director, sets a default term of one year for the position of library director, and permits library trustees to remove an employee for violations of the library's personnel policies.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2131
\t05/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to public libraries.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Paragraph; Public Libraries; Definition of Library Director Added. Amend RSA 202-A:2 by inserting after paragraph II the following new paragraph:
\t\tIII. "Library director" means a librarian who also serves as the administrative officer of the public library and who makes recommendations for the hiring and dismissal of library employees.
\t2 Powers and Duties of Library Trustees. Amend RSA 202-A:11, V to read as follows:
\t\tV. Appoint a [librarian] library director who shall not be a trustee and, in consultation with the [librarian, all other employees of the library and determine their] library director, approve the hiring, compensation, and other terms of employment unless, in the cities, other provision is made in the city charter or ordinances.
\t3 Library Director; Default Term of One Year. Amend RSA 202-A:15 to read as follows:
\t202-A:15 [Public Librarian] Library Director; Qualification and Tenure. The [librarian] library director shall have education of sufficient breadth and depth to give leadership in the use of books and related materials. The [librarian] library director shall be appointed by the board of library trustees for a term of office agreed to at the time of employment and until a successor is appointed and qualified. If a term of office is not agreed to at the time of employment, the library director shall serve a term of one year.
\t4 Removal of Library Employees. Amend RSA 202-A:17 to read as follows:
\t202-A:17 Employees; Removal. No employee of a public library shall be discharged or removed from office except by the library trustees for malfeasance, misfeasance, or inefficiency in office, or incapacity or unfitness to perform the employee's duties, or documented violations of the library's personnel policies. Prior to the discharge or removal of any such employee, a statement of the grounds and reasons therefor shall be prepared by the library trustees, and signed by a majority of the board, and notice thereof shall be given to the employee not less than 15 days nor more than 30 days prior to the effective date of such discharge or removal. Upon receipt of said notice and within 30 days thereafter, but not otherwise, the employee may request a public hearing. If such request is made, the library trustees shall hold a public hearing on such discharge or removal. The hearing shall be held not more than 30 days after receipt of the request for the hearing, and if the trustees, upon due hearing, shall find good cause for discharge or removal of the employee, they shall order the employee's discharge or removal from office. There shall be no change in salary of such employee during the proceedings for discharge or removal nor until the final effective date of the order for discharge or removal. The provisions of this section shall apply to the employees of any public library except in a case where the city or town has personnel rules and regulations which apply to such employees and which make provision for a public hearing in the case of such discharge or removal.
\t5 Custody of Publications; Reference Change. Amend RSA 202-A:20 to read as follows:
\t202-A:20 Custody of Publications. Any town clerk, board of selectmen, or others having custody of the books, pamphlets, and public documents that have been sent to the towns by the departments of state government may, with consent of the [librarian] library director, transfer these publications to the public library, upon condition that they be included in the catalogues of the library and be made accessible to the public.
\t6 Repeal. RSA 202-A:16, relative to the powers and duties of the public librarian, is repealed.
\t7 Effective Date. This act shall take effect 60 days after its passage.