§ 39–101. Public library established; Mayor authorized to accept gifts.
A free public library is hereby established and shall be maintained in the District of Columbia which shall be the property of the said District and a supplement of the public educational system of said District. Said library shall consist of a central library and such number of branch libraries so located and so supported as to furnish books and other printed matter and information service convenient to the homes and offices of all residents of the said District. All actions relating to such library, or for the recovery of any penalties lawfully established in relation thereto, shall be brought in the name of the District of Columbia; and the Mayor of said District is further authorized to receive, as component parts of said library, collections of books and other publications that may be transferred to him.
§ 39–102. Branch libraries.
In order to make the said library an effective supplement of the public educational system of the said District and to furnish the system of branch libraries provided for in § 39-101, the Board of Library Trustees, hereinafter provided, is authorized to enter into agreements with the Board of Education of the said District for the establishment and maintenance of branch libraries in suitable rooms in such public-school buildings of the said District as will supplement the central library and branch libraries in separate buildings. The Board of Library Trustees, hereinafter provided, is authorized within the limits of appropriations first made therefor, to rent suitable buildings or parts of buildings for use as branch libraries and distributing stations.
§ 39–103. Persons entitled to use of library; deposit of fees.
All persons who are permanent or temporary residents of the District of Columbia shall be entitled to the privileges of the District of Columbia Public Library including the use of books and other materials, as a lending or circulating library, subject to rules and regulations established by the Board of Library Trustees. For purposes of this section, persons living outside of the District of Columbia but having regular business or employment or attending school in the District of Columbia shall also be deemed temporary residents of the District of Columbia. Persons residing in jurisdictions outside of the District of Columbia but within the Washington Metropolitan Area (the Washington Metropolitan Area means the Standard Metropolitan Statistical Area “SMSA”) who do not qualify as temporary residents in the manner described above may obtain a free library user’s card from the District of Columbia Public Library; provided, that the jurisdiction in which such person resides permits District of Columbia residents to obtain a free library user’s card from the public library in that jurisdiction. Any person residing in the Washington Metropolitan Area who does not qualify under any of the conditions stated above for the free library user’s card may obtain a library user’s card from the District of Columbia Public Library upon payment of a fee to be fixed by the Board of Library Trustees.
§ 39–104. Board of Trustees — Appointment; qualifications; term; vacancies; officers; compensation; ex officio member.
(a) The public library shall be in the charge of a Board of Library Trustees (“Board”), which shall be composed of 9 members appointed by the Mayor of the District of Columbia, with the advice and consent of the Council of the District of Columbia.
(b) Each member of the Board shall be a resident of the District of Columbia, and shall have a demonstrated interest in the public library.
(c) Each member of the Board shall serve for a term of 5 years, and until a successor is appointed and confirmed.
(d) Of the members of the Board appointed under this subchapter, 3 shall be appointed for a term of 5 years, 3 shall be appointed for a term of 4 years, and 3 shall be appointed for a term of 3 years from the date the first members are installed. Thereafter, that date shall become the anniversary date for all appointments. The members of the Board serving on September 5, 1985, shall continue to serve until the new Board members are qualified to serve.
(e) A member of the Board may be reappointed but shall not serve more than 2 consecutive terms. A person may be reappointed after an absence of 1 year from the board.
(f) Whenever a vacancy as a consequence of resignation, disability, death, or for other reasons occurs in an unexpired term on the Board, the Mayor shall appoint a replacement to fill that unexpired term in the same manner specified in subsections (a) and (b) of this section. A member appointed to fill an unexpired term shall serve only for the remainder of that term. The completion of the unexpired term of a former member’s term shall not constitute a full term for purposes of subsection (e) of this section.
(g) Each year, the Board shall elect 1 of its members to serve as its president and may elect any other officer it requires.
(h) Members of the Board shall be compensated at a rate to be determined by the Mayor, in accordance with § 1-611.08.
(i) The librarian of the public library shall be a nonvoting, ex officio member of the Board.
§ 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.
§ 39–106. Mayor authorized to seek appropriations for library expenses.
The Mayor of the District is authorized to include in his annual estimates for appropriation sums as he may deem necessary for the proper maintenance of the library, including branches, for the purchase of land for sites for library buildings, and for the erection and enlargement of necessary library buildings.
§ 39–107. Purchase, rent, and sale of library-related items; use of profits.
The Board shall have power to purchase, rent, and sell library-related items, including, but not limited to, the following: film catalogs and other publications of the library; publications and items of special interest commemorating individuals and events connected with the library; unneeded books; video recordings; reproductions of unique library materials; and promotional items and souvenirs such as book tote bags, pens, notebooks, and postcards. Any profits realized or proceeds collected shall be deposited into the DCPL Revenue-Generating Activities Fund in accordance with § 39-117.
§ 39–107a. Authority to accept donations and gifts.
(a) The Board of Library Trustees may accept donations, gifts by devise or bequest, grants, and any other type of asset, except real property as defined in § 10-801.01, from individuals, clubs, groups, corporations, partnerships, and other governmental entities. The Board shall approve any donation, gift, grant, or asset with a value of $10,000 or more, but may delegate the acceptance of any donation, gift, grant, or asset with a value of less than $10,000 to the librarian of the public library.
(b) The Board shall manage the property or funds in accordance with the provisions or conditions of the donation, gift, grant, or other type of asset, including the investment of the principal of the property or funds.
(c) All monetary donations permitted under subsection (a) of this section shall be made available to the District of Columbia Public Library through the private grant revenue source included in the District of Columbia Public Library’s annual operating budget.
(d) The Board shall issue rules to implement this section. The rules shall govern the acceptance and use of donations and gifts, record-keeping requirements, audit procedures, accessibility of records for public inspection, and any other areas that the Board considers appropriate.
§ 39–108. Confidentiality of circulation records.
(a) Circulation records maintained by the public library in the District of Columbia which can be used to identify a library patron who has requested, used, or borrowed identified library materials from the public library and the specific material that patron has requested, used, or borrowed from the public library, shall be kept confidential, except that the records may be disclosed to officers, employees, and agents of the public library to the extent necessary for the proper operation of the public library.
(b)(1) Circulation records shall not be disclosed by any officer, employee, or agent of the public library to a 3rd party or parties, except with the written permission of the affected library patron or as the result of a court order.
(2) A person whose records are requested pursuant to paragraph (1) of this subsection may file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential. The motion shall be accompanied by the reasons for the request.
(3) Paragraph (1) of this subsection shall not operate to prohibit the officers of the public library from disclosing relevant information on a library patron to the Corporation Counsel of the District of Columbia or legal counsel retained to represent the public library in a civil action.
(4) Within 2 working days after receiving a subpoena issued by the court for public library records, the public library shall send a copy of the subpoena and the following notice, by certified mail, to all affected library patrons:
“Records or information concerning your borrowing records in the public library in the District of Columbia are being sought pursuant to the enclosed subpoena.
“In accordance with the District of Columbia Confidentiality of Library Records Act of 1984, these records will not be released until 10 days from the date this notice was mailed.
“If you desire that these records or information not be released, you must file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential, and state your reasons for the request. A sample motion is enclosed.
“You may wish to contact a lawyer. If you do not have a lawyer, you may call the District of Columbia Bar Lawyer Referral Service.”
(5) The public library shall not make available any subpoenaed materials until 10 days after the above notice has been mailed.
(6) Upon application of a government authority, the notice required by paragraph (4) of this subsection may be waived by order of an appropriate court if the presiding judge finds that:
(A) The investigation being conducted is within the lawful jurisdiction of the government authority seeking the records;
(B) There is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry; or
(C) There is reason to believe that the notice will result in:
(i) Endangering the life or physical safety of any person;
(ii) Flight from prosecution;
(iii) Destruction of or tampering with evidence;
(iv) Intimidation of potential witnesses; or
(v) Otherwise seriously jeopardizing an investigation or official proceeding.
(7) The term “government authority”, as used in paragraph (6) of this subsection, means any federal, state, or local government agency or department.
(c) The Board of Library Trustees may issue rules necessary to implement this section.
(d) Unless otherwise authorized or required by law, any officer, employee, or agent of the public library who shall violate any provision of this section or any rules issued pursuant to it commits a misdemeanor, and upon conviction shall be punished by a fine of not more than $300. The aggrieved public library patron may also bring a civil action against the individual violator for actual damages or $250, whichever is greater, reasonable attorneys’ fees, and court costs.
§ 39–109. Establishment of the Library Enhancement Task Force. [Repealed]
Repealed.
§ 39–110. Membership and organization of the Library Enhancement Task Force. [Repealed]
Repealed.
§ 39–111. Duties of the Task Force. [Repealed]
Repealed.
§ 39–112. Establishment of the Library Development Trust Fund.
(a) There is established within the General Fund of the District of Columbia a segregated, nonlapsing trust fund designated as the Library Development Trust Fund (“Trust Fund”) into which shall be deposited any revenue generated from:
(1) The development of mixed-use projects involving library facilities;
(2) The sale or lease of air rights above library facilities;
(3) The sale or lease of library facilities or of real property used by or under the control of the DCPL;
(4) Any project developed pursuant to this subchapter;
(5) Any grants, gifts, or subsidies from public or private sources meant to assist in effecting the purpose of this subchapter; and
(6) Any return on investment of the assets of the Trust Fund.
(b) Monies deposited into the Trust Fund shall be used to solicit proposals for public-private partnerships and to finance public-private partnerships pursuant to this subchapter, such as the:
(1) Purchase of a library site and improvement;
(2) Construction of a library facility;
(3) Complete or partial furnishing of a library facility;
(4) Repair of a library facility;
(5) Renovation of a library facility; and
(6) Costs or expenses associated with an approved plan or project, including architectural, engineering, consulting, demolition, and legal costs.
(c) Pursuant to § 39-106, the Mayor shall submit to the Council, as part of the annual budget, a requested appropriation for expenditures from the Trust Fund, including a description of the specific approved plan or project for which the funds will be used.
(d) Funds deposited in the Trust Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.
§ 39–113. Competitive process for performance of work.
Within 60 days of approval of a strategic plan by the Board of Library Trustees pursuant to § 39-111, the Mayor shall initiate a competitive process for the performance of the work described in the plan. The Mayor shall issue one or more solicitations for competitive sealed bids or competitive sealed proposals for vendors who shall complete the project or projects for a guaranteed price by assembling the necessary team of designers, architects, developers, and other vendors, and posting a performance bond, or obtaining other insurance, to insure that design and time requirements shall be met for the guaranteed price. The Mayor shall consult closely with the Board of Library Trustees in preparing the solicitation or solicitations, and shall include a statement of work or specifications approved by the Board of Library Trustees.
§ 39–114. Library Collections Account.
(a) There is established as a nonlapsing account the Library Collections Account (“Account”) into which shall be deposited:
(1) Repealed.
(2) Repealed.
(3) Gifts, grants, and donations designated for collections; and
(4) Such amounts as may be appropriated for books and other library materials.
(b) The Account shall be used solely for the purpose of procuring books and other library materials, including compact disks, electronic materials, or other records and materials, to maintain and enhance the collection of the District of Columbia Public Library and to support the procurement, processing, and cataloging of library materials.
(c) All funds deposited into the Account, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.
§ 39–115. Books from Birth program.
(a) There is established the Books from Birth program as a program of the District of Columbia Public Library (“DCPL”), to be administered by the Executive Director of DCPL.
(b) The Books from Birth program shall provide books to all children registered with the program, delivered to the residence of the child at the rate of one per month, from the month following the child’s birth or enrollment in the program to the child’s 5th birthday.
(c)(1) The Executive Director shall make reasonable efforts to register every child under the age of 5 residing in the District who wishes to participate in the Books from Birth program.
(2) The Executive Director may enter into such memoranda of agreement or understanding as necessary to ensure each family receives registration information upon the child’s birth.
(d)(1) Except as provided in paragraph (2) of this subsection, the registration list shall be used solely for activities related to the Books from Birth program and shall not be sold or used for any other purpose.
(2) The Executive Director may use the registration list to conduct outreach and provide information about library programs and services, including those related to children, adult, or family literacy, or other educational or literacy material as DCPL considers useful to registered families.
(e) Book titles for each age group shall be selected to reflect age-appropriate concepts and diversity of characters, culture, and authors.
(f) The Executive Director may enter into contractual and promotional agreements necessary to effectively implement the Books from Birth program.
§ 39–116. Books from Birth Fund.
(a) There is established as a special fund the Books from Birth Fund (“Fund”), which shall be administered by the Board in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Funds appropriated by the District;
(2) Donations from the public;
(3) Donations from private entities; and
(4) Funds provided through a sponsorship agreement.
(c) Money in the Fund shall be used to implement and promote the Books from Birth program, including:
(1) Purchasing books for the Books from Birth program;
(2) Handling and delivery costs;
(3) Promotional costs; and
(4) Appropriate overhead or administrative expenses related to the Books from Birth program and the Fund.
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(a) There is established as a special fund the DCPL Revenue-Generating Activities Fund (“Fund”), which shall be administered by the Board in accordance with subsection (c) of this section.
(b) The Fund shall consist of the revenue from revenue-generating activities and services described in §§ 39-105(a)(14), (16), and (17)(A)(ii)-(iii) and 39-107.
(c) The Fund shall be used for the following purposes:
(1) Payment of any expenses associated with activities and services described in § 39-105(a)(14), including expenses for space rental and special events associated with the activities and services authorized in § 39-105(a)(14);
(2) Payment of any non-personnel costs related to the library services mission of the District of Columbia Public Library; and
(3) To support the operations of the District of Columbia Public Library, including programming and facilities improvements, and to purchase food, snacks, and non-alcoholic beverages for the general public, District of Columbia Public Library program participants, and District government employees.
(d) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
Subchapter II. Miscellaneous.
§ 39–121. Takoma Park branch — Hours. [Repealed]
Repealed.
§ 39–122. Takoma Park branch — Appropriation. [Repealed]
Repealed.
§ 39–123. Transfer of miscellaneous books to District public library.
Any books of a miscellaneous character no longer required for the use of any executive department, or bureau, or commission of the government, and not deemed an advisable addition to the Library of Congress, shall, if appropriate to the uses of the free public library of the District of Columbia, subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended, be turned over to that library for general use as a part thereof.
§ 39–124. Depository of Government publications.
The Public Library of the District of Columbia is hereby constituted a designated depository of governmental publications, and the Superintendent of Documents shall supply to such library 1 copy of each such publication, in the same form as supplied to other designated depositories.
