LIBRARIES

M.G.L. pt. Part I, tit. Title XII, ch. c. 78

in effect

M.G.L. c. 78, § 1 Existing corporations

c. 78, § 1. Existing corporations Section 1. Library corporations and associations which have been legally established shall continue to have all the powers and privileges and be subject to all the duties and restrictions attaching thereto.

M.G.L. c. 78, § 2 Organization of county law libraries

c. 78, § 2. Organization of county law libraries Section 2. Attorneys at law who have been admitted to practice in the courts of the commonwealth and who are resident in a county for which there is no law library association may organize, under chapter one hundred and eighty, by the name of the law library association for such county, and may adopt by-laws which shall be subject to the approval of the superior court.

M.G.L. c. 78, § 3 Use by residents of county

c. 78, § 3. Use by residents of county Section 3. Inhabitants of the county shall, subject to the by-laws, have access to the library and the books therein.

M.G.L. c. 78, § 4 Source of funds

c. 78, § 4. Source of funds Section 4. The treasurer of each county shall annually pay for the support of law libraries therein such sums as may be appropriated therefor by the general court, and the county commissioners shall include in the estimates required to be filed under the provisions of section twenty-eight of chapter thirty-five such sums as they may recommend for such law libraries. Sums so appropriated shall be applied to the purchase of books and maintenance of libraries for the use of courts and of citizens. In counties having any law library association the county commissioners shall secure from such association recommendations as to the amount deemed necessary for such maintenance.

M.G.L. c. 78, § 5 Right to receive legislative documents

c. 78, § 5. Right to receive legislative documents Section 5. Each law library association shall be entitled to receive from the sergeant-at-arms, immediately after their publication, one copy of the volume of the legislative documents of the senate and house, the journal of the senate and the journal of the house.

M.G.L. c. 78, § 6 Right to receive other books and documents

c. 78, § 6. Right to receive other books and documents Section 6. All incorporated law libraries in the commonwealth shall be entitled to receive from the officers charged with the distribution of the same, copies of all books and documents to which the county law libraries are entitled by law, and one additional copy for each branch library maintained by them.

M.G.L. c. 78, § 7 Establishment by cities and towns; records

c. 78, § 7. Establishment by cities and towns; records Section 7. A town may establish and maintain public libraries for its inhabitants under regulations prescribed by the city council or by the town, and may receive, hold and manage any gift, bequest or devise therefor. The city council of a city or the selectmen of a town may place in such library the books, reports and laws which may be received from the commonwealth. That part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four. Library authorities may disclose or exchange information relating to library users for the purposes of inter-library cooperation and coordination, including but not limited to, the purposes of facilitating the sharing of resources among library jurisdictions as authorized by clause (1) of section nineteen E or enforcing the provisions of sections ninety-nine and one hundred of chapter two hundred and sixty-six.

M.G.L. c. 78, § 8 Use of facilities by non-residents

c. 78, § 8. Use of facilities by non-residents Section 8. Any free town public library may loan its books or other library material to any other such library or to citizens of other towns or non-residents, under such written conditions and regulations as may be made by the board of trustees or other authority having control of the library so loaning. Any town may raise money to pay the expenses of so borrowing books and other library material from the library of any other town.

M.G.L. c. 78, § 9 Return of unwanted state publications

c. 78, § 9. Return of unwanted state publications Section 9. If the trustees of any town library shall vote not to keep or receive any of the books and reports which the state secretary is authorized to send thereto, the secretary, at the request of the supervisor of public records, may discontinue sending them. Any of said books and reports in the custody of any town library may be returned at its expense to the state library, or, with the sanction of the board of library commissioners, may otherwise be exchanged or disposed of.

M.G.L. c. 78, § 10 Town libraries; selection of trustees and officers

c. 78, § 10. Town libraries; selection of trustees and officers Section 10. A town which raises or appropriates money for the support of a free public library, or free public library and reading room, owned by the town, shall, unless the same has been acquired entirely or in part through some gift or bequest which contains other conditions or provisions for the election of its trustees, or for its care and management, which have been accepted by the town, elect by ballot at a meeting a board of trustees consisting of any number of persons, male or female, divisible by three, which the town determines to elect. When such board is first chosen, one third thereof shall be elected for one year, one third for two years and one third for three years, and thereafter one third shall be elected annually for a term of three years. The board shall, from its own number, annually choose a chairman and secretary and, if the town so votes, a treasurer, who shall give a bond similar to that given by the town treasurer, in an amount and with sureties to the satisfaction of the selectmen. Until the town otherwise directs the town treasurer shall act as treasurer of the board of trustees.

M.G.L. c. 78, § 11 Board of trustees; powers and duties

c. 78, § 11. Board of trustees; powers and duties Section 11. The board shall have the custody and management of the library and reading room and of all property owned by the town relating thereto. All money raised or appropriated by the town for its support and maintenance shall be expended by the board, and all money or property which the town may receive by gift or bequest for said library and reading room shall be administered by the board in accordance with the provisions of such gift or bequest. The board of any library, for the purpose of improving the services of said library, may enter into an agreement with the board or boards of any neighboring library or libraries, to pay for services in common, or to manage a facility to be operated jointly by more than one municipality, such payments to be shared in accordance with terms of such agreement.

M.G.L. c. 78, § 12 Annual report of trustees

c. 78, § 12. Annual report of trustees Section 12. The board shall make an annual report to the town of its receipts and expenditures and of the property in its custody, with a statement of any unexpended balance of money and of any gifts or bequests which it holds in behalf of the town, with its recommendations.

M.G.L. c. 78, § 13 Applicability of sections relating to trustees

c. 78, § 13. Applicability of sections relating to trustees Section 13. The three preceding sections shall not apply to library associations, nor to a library organized under a special act.

M.G.L. c. 78, § 14 Board of library commissioners; members; appointment; term; by-laws; reimbursement; officers; staff

c. 78, § 14. Board of library commissioners; members; appointment; term; by-laws; reimbursement; officers; staff Section 14. There shall be a board of library commissioners for the commonwealth, in this section and in sections fifteen to thirty, inclusive, called the board, consisting of nine residents of the commonwealth appointed by the governor. Upon the expiration of the term of office of a member of the board, his successor shall be appointed for a term of five years. No person shall be appointed to serve more than two consecutive terms. Prior service on the board for a period of less than three years resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not be considered a full term. The board shall prepare and adopt by-laws for the conduct of its business. Said by-laws shall provide for the election of one of its members to be chairman of the board, establish the term of office, and provide for the ways and means for the election of other officers and their terms of office as deemed necessary by the board. The members of the board shall be reimbursed for their necessary expenses incurred in the performance of their duties. The board shall appoint a director and determine his duties and responsibilities and may at its discretion remove him. The board shall, upon recommendation of the director, appoint a deputy director and determine his duties and responsibilities and may at its discretion remove him. The director and deputy director shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The director and deputy director shall receive such other perquisites as the board may approve. The director and the deputy director shall not be subject to the provisions of section nine A of chapter thirty or of chapter thirty-one. Subject to appropriation and to the approval of the board the director shall appoint or release such professional and subprofessional staff as the functions, powers, and duties of the board shall require; provided, however, that the provisions of said section nine A of said chapter thirty and said chapter thirty-one shall not apply to any such appointment or release.

M.G.L. c. 78, § 15 Duties relating to management and maintenance of libraries

c. 78, § 15. Duties relating to management and maintenance of libraries Section 15. The board of library commissioners shall advise the librarian or trustees of any free public library, and may on request advise the librarian or other person in charge of the library of any state or county institution, relative to the selection or cataloguing of books and any other matter pertaining to the maintenance or administration of such library.

M.G.L. c. 78, § 19 Powers, duties and status of board

c. 78, § 19. Powers, duties and status of board Section 19. The board of library commissioners may expend such sums as may be appropriated for the extension and encouragement of library services within the commonwealth. The said board is hereby designated as the state agency to deal with the federal government with respect to federal grants which may be made available to the commonwealth for promoting library services, and to administer such state plans as may be approved as a condition of such grants. The board may contract with any other state agency, city or town, public or private library to provide improved library services in an area, or to secure such library services as may be agreed upon, which services may include, but need not be limited to, the lending of books and related library materials, the establishment of branch libraries, depositories or bookmobile service, and to co-operative purchasing and processing of books, recordings, films and related library materials. The board shall cooperate with the Library of Congress or its successors relative to the administration of the program of talking books and may expend such state, federal or other funds as are available for such purpose. The board shall also represent the commonwealth in the receipt and disbursement of funds made available to the commonwealth from any private source for the promotion of library services. The state treasurer shall be the custodian of funds for this purpose received from the federal government or private services.

M.G.L. c. 78, § 19A State aid; determination

c. 78, § 19A. State aid; determination Section 19A. The state treasurer shall annually, on or before July first, pay from monies appropriated from the Local Aid Fund for that purpose, to each city or town certified by the board of library commissioners to have met certain minimum standards of free public library service established by said board, an amount to be used for the free public library or libraries of said city or town, to be determined as follows:— (1) to each town having a population of less than two thousand five hundred, a sum equivalent to the amount appropriated by it for free public library service during the preceding year, but in no event more than one thousand two hundred and fifty dollars; (2) to each city and to each town having a population of two thousand five hundred or more, a sum not exceeding fifty cents for each resident therein; provided, however, that such city or town appropriates during the preceding year for its free public library service at least one thousand two hundred and fifty dollars; (3) to each city and town, in addition to the amount specified in paragraph (1) or (2), a sum determined by allocating the remaining available amount among the cities and towns according to the provisions of section eighteen C of chapter fifty-eight. (4) in addition to the amounts specified in paragraphs (1), (2) and (3), to each city or town whose library is designated a major nonresident lender by said board, an amount for the purpose of offsetting the costs of extending said service to nonresidents. Said amount shall be determined by said board by allocating the sum appropriated for this purpose according to criteria and formulae developed by said board in consultation with the regional public library systems established under section nineteen C. No city or town shall receive any money under this section in any year when the appropriation of said city or town for free public library services is below an amount equal to the average of its appropriation for free public library service for the three years immediately preceding, increased by two and one-half per cent of said average. Said board may, upon petition of a community, waive aforesaid requirement upon demonstration of fiscal hardship. Said waiver may only be granted by said board in a given fiscal year to not more than ten cities and towns in the commonwealth. For a joint public library, the board may approve, at the request of the cities or towns served by the joint public library, a single appropriation requirement in determining amounts under this section. The amount shall be calculated by aggregating the appropriations of the cities or towns administering the library. Upon petition by all of the cities or towns served by a joint public library, the board may waive the single appropriation requirement upon a demonstration of fiscal hardship. A joint public library shall be an undertaking of 2 or more cities or towns to provide public library service to their residents through a single administrative entity.

M.G.L. c. 78, § 19B State aid; annual reports by libraries; requisites for aid

c. 78, § 19B. State aid; annual reports by libraries; requisites for aid Section 19B. The board of library commissioners, in setting up minimum standards of free public library service and in certifying such libraries for aid under section nineteen A shall require the filing of an annual report and shall require that such public libraries (1) be open to all residents of the commonwealth, (2) make no charge for normal library services, (3) be kept open a minimum number of hours per week, (4) employ trained personnel in accordance with regulations promulgated by the board of library commissioners; provided, however, that in cities of more than one hundred and fifty thousand residents, nothing in said regulations shall prevent the appointing authority from employing a chief executive officer of the library system in addition to the chief librarian, (5) expend a reasonable portion of the library's total budget on library materials, (6) lend books to other libraries in the commonwealth and extend privileges to the holders of cards issued by other public libraries in the commonwealth on a reciprocal basis, (7) include in their annual report the total number of nonresident loans and nonresident circulation as a percentage of the library's total circulation, as certified by the librarian and subject to an audit by the state auditor.

M.G.L. c. 78, § 19C Regional public library service; annual appropriation

c. 78, § 19C. Regional public library service; annual appropriation Section 19C. The board shall establish a comprehensive statewide program of regional library service, consisting of regional library systems, which shall not exceed six, for the purpose of providing reference and research services, interlibrary loan, delivery, and other regional services to public, school, academic, and special libraries in the region. For each regional library system, the board shall designate an administrative agency. For such purpose, there shall be an annual appropriation which the board shall apply in the following manner: (1) Insofar as practicable the board shall enter into an arrangement or arrangements with such public library or libraries in each regional area as it may determine under the terms of which such library or libraries shall supply services or space, equipment, personnel, books, periodicals and other library materials to communities having fewer than twenty-five thousand inhabitants; [There is no clause (2).] (3) Any regional library system providing service under an approved plan shall be entitled to receive annually in state aid an amount per capita of its served population per square mile of the area served in accordance with the following schedules: (4) In addition to the sums provided in clause (3), the Boston public library, as the library of the commonwealth for reference and research services, shall be entitled to receive in state aid the sum of fifty cents for each resident of the commonwealth; (5) Any employee employed in a position identified as a regional position in a public library which accepts funds under this section shall not be required to comply with residency requirements. For purposes of this section, ''regional position'' shall mean a full-time or part-time position for which at least fifty per cent of the funding is provided by the commonwealth pursuant to this section.

M.G.L. c. 78, § 19D Regional public library service; council of members

c. 78, § 19D. Regional public library service; council of members Section 19D. For each regional library system, the board shall establish a council of members which shall consist of the chief librarian or one trustee to be so designated by the board of trustees or other appropriate administrative authority of each participating library and one designated representative from participating libraries within each public school district and one representative from the participant private school libraries within each school district. The duties and responsibilities of the council of members shall be specified in the bylaws of the regional library systems as approved by the board of library commissioners.

M.G.L. c. 78, § 19E Library media services; comprehensive statewide program; funds; standards

c. 78, § 19E. Library media services; comprehensive statewide program; funds; standards Section 19E. The board of library commissioners, hereinafter called the board, shall, subject to appropriation, establish a comprehensive statewide program for the improvement and development of library services for all citizens. Such funds as may be appropriated shall be distributed by the board for the following purposes: (1) for the establishment of the Boston public library as a statewide reference and referral center for Massachusetts libraries; (2) for the establishment and development of cooperation and coordination among libraries, including the authority to: (a) provide coordination and administration of cooperative statewide programs of services and statewide coordination of regional programs; (b) provide for identification, maintenance, development and preservation of critical research collections; (c) provide statewide access to specialized information resources, research collections and specialized reference and information services; (d) participate in interstate library services if such participation will increase the availability of library services; (e) provide statewide delivery services; (f) provide statewide interlibrary loan services; (g) provide education, training and technical advisory services; and (h) provide funding for grants for projects that demonstrate innovative uses of technology, interlibrary cooperation or shared services delivery to improve information delivery to library users. For the establishment and development of library media centers in county and state institutions. In making grants under this clause the board shall establish minimum standards for such library service which take into account: (a) the type of institution; (b) the size of the resident population; (c) the availability of library media services to the institutional population; (d) the qualifications of personnel for staffing of a library media center; (e) the institution's commitment to annual budgetary support for library media services. For the establishment and development of services from library media centers of all types to the handicapped and disadvantaged including: (a) the establishment and development of library media services and centers for persons whose native language is not English. The board shall establish standards for such services and centers; (b) the development of library media services for the elderly, the unemployed, the poor, the functionally illiterate, and those persons who have cultural, social, or educational disadvantages that prevent them from using library media centers and services designed for persons without said disadvantages; (c) the establishment and development of library media services for persons who are visually impaired, mentally, physically, or emotionally handicapped. To aid public library planning, reconstruction and construction. The board shall adopt standards consistent with the provisions of sections nineteen G to nineteen K, inclusive, in allocating funds for these purposes. To conduct, contract for, fund or publish studies relative to needs and services of library media centers of the commonwealth. The funding of such studies shall be for the purpose of advising the board in carrying out the provisions of this section. Such studies may include the testing and evaluation of findings by the board.

M.G.L. c. 78, § 19F Regional public library service; arrangement for delivery and retrieval of materials or services

c. 78, § 19F. Regional public library service; arrangement for delivery and retrieval of materials or services Section 19F. Any library system providing service under an approved plan as provided in clause (3) of section nineteen C or such public library or libraries designated by the board may through the board enter into an arrangement or arrangements with libraries not included by clauses (1) and (2) of said section nineteen C as the board may determine; under the terms of which such library system or such public library or libraries designated by the board may provide, and the amount arranged to be applied only to the related costs, for the delivery and retrieval of reference and research books, periodicals and other library materials, or other services within the approved plan.

M.G.L. c. 78, § 19G State assistance for public library projects

c. 78, § 19G. State assistance for public library projects Section 19G. The board of library commissioners shall, subject to appropriation, establish and administer a program of state assistance to cities and towns in the planning, reconstruction, construction, design, acquisition of real property, renovation, preservation, rehabilitation, demolition or expansion of a facility to be used as a free public library. The board may, in accordance with the provisions of this section and sections nineteen H to nineteen K, inclusive, provide grant funds to such cities and towns which apply for funding of projects authorized by this section; provided, however, that said grant shall not exceed seventy-five per cent of the cost of an approved library project, including interest and the cost of planning thereof.

M.G.L. c. 78, § 19H Definitions

c. 78, § 19H. Definitions Section 19H. As used in sections nineteen G to nineteen K, inclusive, the following words shall, unless the context otherwise requires, have the following meanings:— ''Addition, expansion or extension'', work which will result in an increase in the overall external dimension of a public library facility. ''Alteration'', work required to modify or adjust the interior space arrangement or other physical characteristics of an existing public library facility so that it may be more effectively utilized for its present designated functional purpose. ''Approved public library project'', an undertaking for the planning, alteration, construction, demolition, reconstruction, renovation, addition, expansion, extension, or rehabilitation of a public library facility as approved by a majority vote of the town at a town meeting or by a majority vote of a city council, with the approval of the mayor, in the case of a city or in a municipality having a town council form of government, by vote of the town council. ''Construction'', new construction, alteration, renovation, rehabilitation, or other activity that is intended to result in a significant increase in the internal useable space of a free public library. ''Master plan'', a study, description, or design of an approved library project which is intended to ensure that various components of an approved public library project shall be compatible with each other and that the approved public library project as a whole is compatible with its surroundings. ''Planning'', the preparation of a master plan, study, analysis, or similar report the purpose of which is to define the cost, content and schedule of an approved library project so as to establish a frame of reference prior to design, acquisition, construction, alteration, renovation, rehabilitation or other activity of an approved public library project. ''Public agency'', a department, board, commission, council or other instrumentality of a city or town. ''Public library facility'', a building, modular unit, facility jointly used by more than one municipality or other structure utilized as a free public library in a city or town. ''Rehabilitation'', work required to restore a public library facility to its former historic condition, or to modify and modernize a public library facility in order that it may be effectively utilized for its designated functional purpose. ''Renovation'', work required to restore and modernize most of a public library facility in order that the facility may be effectively utilized for its designated functional purpose or to comply with current code requirements. ''Study'', a plan, analysis or report to identify and evaluate alternative solutions to and recommendations for a solution to the needs and requirements defined by a public agency proposing an approved public library project.

M.G.L. c. 78, § 19I Application for and distribution of funds

c. 78, § 19I. Application for and distribution of funds Section 19I. The board of library commissioners shall establish rules and regulations which shall govern the application for and distribution of said funds. Any such rule and regulation shall require that any city or town receiving a grant for an approved public library project for the planning, construction, renovation, alteration, addition, expansion or demolition of a public library facility make a financial commitment to the project for which the grant is awarded. An application must be for an approved public library project and shall be in such form as prescribed by said board and shall be accompanied by such additional master plan, information, drawings, plans, estimates of costs and proposals for defraying such costs as the board may require. The board may consult with the division of capital asset management and maintenance under the secretary of administration and finance as to the feasibility and cost of any such application. Said board may, if it is satisfied that the application so submitted meets the requirements as established by said board and that the expenses to be incurred are reasonable, certify to the comptroller for payment to such city and town such amount as it may deem proper and the state treasurer shall forthwith make payments so certified from any funds appropriated therefor.

M.G.L. c. 78, § 19J Allocation of funds; priorities

c. 78, § 19J. Allocation of funds; priorities Section 19J. In allocating said funds, the board shall give priority to library construction projects within communities (a) in which the most recent fiscal year's tax levy as a per cent of its levy limit exceeds the statewide average, as determined by the commissioner of revenue; (b) that demonstrate strong local annual operating support for public libraries; (c) that have a high degree of demand for public library services; (d) which undertake significant cooperation with other municipalities to improve public library services; (e) which are in strict compliance with the standards established under this chapter; (f) where library projects are needed, in the judgment of the board, to renovate a building which is structurally unsound, lacking handicapped access or otherwise in a condition seriously jeopardizing the safety of the public and where no viable alternatives exist; and (g) where library projects are needed for the replacement, renovation or modernization of the heating system, roof or other project relating to energy efficiency.

M.G.L. c. 78, § 19K Gifts and grants

c. 78, § 19K. Gifts and grants Section 19K. Cities and towns may accept grants or gifts for purposes of library construction or renovations, including the planning therefor from private persons or corporations and from charitable foundations and may disburse the same for such purposes. Cities and towns may include any such funds in the determination of the local match in applying for assistance from the commonwealth for a grant for an approved public library project. Any amounts so received by a city or town shall be deposited with the treasurer of such city or town and held as a separate account and may be expended without further appropriation, notwithstanding the provisions of section fifty-three of chapter forty-four.

M.G.L. c. 78, § 19L Massachusetts library and information network

c. 78, § 19L. Massachusetts library and information network Section 19L. The board of library commissioners shall, subject to appropriation, establish and administer a program for the purposes of providing funds for a Massachusetts library and information network. Grants and contracts awarded under this section shall be awarded for, but not limited to, purchase of computer equipment and software, acquisition of telecommunications equipment, development of information and referral services, and training. The board shall establish minimum requirements to be met by all applicants under this program.

M.G.L. c. 78, § 19M Statewide advisory council on cooperative library programs

c. 78, § 19M. Statewide advisory council on cooperative library programs Section 19M. The board of library commissioners shall establish a statewide advisory council on cooperative library programs. This advisory council shall advise the board with regard to the following: statewide program of service; proposed standards for the delivery of statewide network services; recommendations for statewide priorities for interlibrary cooperation and resource sharing; and the effectiveness of the statewide program of services. The council shall prepare and adopt bylaws for the conduct of business which shall be approved by the board of library commissioners.

M.G.L. c. 78, § 19N Rules and regulations

c. 78, § 19N. Rules and regulations Section 19N. The board of library commissioners shall establish such rules and regulations as are necessary and proper for administering sections 19C to 19F, inclusive, and sections 19L and 19M.

M.G.L. c. 78, § 20 Librarians; appointment; examination; registration

c. 78, § 20. Librarians; appointment; examination; registration Section 20. The board may determine by examination or by such rules as it may establish the selection and appointment of supervising librarians and all other library workers who are paid wholly or in part, under the authority of said board, by the commonwealth. Such selection and appointment shall not be subject to chapter thirty-one. In order to assist library trustees who seek advice from the board in securing qualified librarians and assistants, the board shall keep a registry of librarians which shall give due credit for experience and successful accomplishment as well as for formal examination.

M.G.L. c. 78, § 21 Inapplicability of certain sections to cities

c. 78, § 21. Inapplicability of certain sections to cities Section 21. Sections ten to twelve, inclusive, and sections sixteen to eighteen, inclusive, shall not apply to cities.

M.G.L. c. 78, § 22 Certification of librarians

c. 78, § 22. Certification of librarians Section 22. The board of library commissioners shall certify, and issue certificates to, librarians. The board shall appoint an advisory committee of professional librarians practicing in the commonwealth to advise with it concerning certification.

M.G.L. c. 78, § 23 Board meetings; quorum

c. 78, § 23. Board meetings; quorum Section 23. The board shall hold at least four regular meetings each year for the purpose of granting certificates. A quorum for said purpose shall consist of three members.

M.G.L. c. 78, § 24 Definitions applicable to Secs. 22 to 31

c. 78, § 24. Definitions applicable to Secs. 22 to 31 Section 24. The following words and phrases used in sections twenty-two to thirty-one, inclusive, shall, unless the context otherwise requires, have the following meanings:— ''Board'', the board of library commissioners. ''Professional librarian'', a person qualified by education, training or study and experience to practice library work in a position requiring knowledge of books and library aims and techniques equivalent to that attained through graduation from a library school accredited by the American Library Association. ''Subprofessional librarian'', a person in the opinion of the board qualified through an elementary knowledge of library techniques to engage in the necessary library routines involved in the acquiring and circulation of books but not qualified as a professional librarian.

M.G.L. c. 78, § 25 Rules and regulations

c. 78, § 25. Rules and regulations Section 25. The board shall make such rules and regulations not inconsistent with law as are necessary and proper for the conduct of the process of certification, including issuance, renewal or revocation of certificates, and to provide for hearings in the case of applicants whose requests for certificates have been refused or whose certificates have been suspended or revoked, in cases where application for such hearing has been made to the board. No regulation shall be accepted for filing with the state secretary unless such regulation has been submitted to the clerks of the senate and house of representatives who shall refer such regulations to the appropriate joint committee for its review and comment ninety days prior to the effective date of said regulations. Said committee may submit written comments and suggested changes, if any, to the board at least sixty days prior to said effective date. The board in filing its regulations shall consider the comments and suggested changes and submit revised regulations, or a detailed explanation of why the suggested changes will not be adopted, to such committee at least thirty days prior to the effective date of the regulations.

M.G.L. c. 78, § 27 Clerical assistance, etc.; expenditures

c. 78, § 27. Clerical assistance, etc.; expenditures Section 27. The board may expend, subject to appropriation, such sums for clerical assistance and incidentals as may be necessary for the proper performance of its work.

M.G.L. c. 78, § 28 Duties of board

c. 78, § 28. Duties of board Section 28. The board shall:— (1) Keep an official record of all its meetings or parts of meetings concerned with certification. (2) Issue, suspend, revoke or renew certificates to properly qualified persons. (3) Keep a roster showing the names and last-known business addresses of all persons holding certificates and furnish the information contained therein to the public on request. (4) Furnish information as to the requirements for certification upon request and without charge to all prospective applicants. (5) Hold examinations at least semi-annually if there are applicants for examination.

M.G.L. c. 78, § 29 Librarians; qualifications

c. 78, § 29. Librarians; qualifications Section 29. The board shall issue a certificate certifying as a professional librarian any person who requests certification upon a form prescribed by the board and who fulfills one or both of the following requirements:— (1) Graduation from a library school accredited by the American Library Association or the passing of an examination which, with due consideration of education, professional training, practical experience and demonstrated ability, shall satisfy the board that the candidate has the qualifications required for the satisfactory practice of library work. (2) The holding of an unexpired certificate issued by the proper authority in any state other than this commonwealth in which the requirements for certification are satisfactory to the board. The board shall issue a certificate certifying as a sub-professional librarian any person who requests certification upon a form prescribed by the board and who, in the opinion of the board, is qualified to practice library work in a position not requiring the educational and other qualifications for certification as a professional librarian.

M.G.L. c. 78, § 30 Fees

c. 78, § 30. Fees Section 30. The board may fix fees for the issuance of certificates and for their renewal.

M.G.L. c. 78, § 31 Status of existing librarians; certificates

c. 78, § 31. Status of existing librarians; certificates Section 31. Any person who, upon the effective date of this act, is employed in a position defined as that of professional librarian or subprofessional librarian in section twenty-four, shall be granted a certificate as a professional or subprofessional librarian, if he makes application within two years after such effective date.

M.G.L. c. 78, § 32 Library staff members; leaves of absence for study or research

c. 78, § 32. Library staff members; leaves of absence for study or research Section 32. In a city or town which accepts this section the board of trustees of the public library or the city or town official possessing the appointive powers of such board may grant a leave of absence for study or research to any library staff member which would enable him to increase his professional ability, such leave to be for a period not exceeding one year at full or partial pay; provided, that prior to the granting of such leave said library staff member shall enter into a written agreement with said trustees or official that upon the termination of such leave he will return to service in the public library of such city or town for a period equal to twice the length of such leave and that, in default of completing such service, he will refund to the city or town an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.

M.G.L. c. 78, § 33 Policy for selection and use of library materials and facilities

c. 78, § 33. Policy for selection and use of library materials and facilities Section 33. The board of trustees of a free public library in any city or town, or in the absence of such board, the city or town official possessing the appointive powers of such board, shall establish a written policy for the selection of library materials and the use of materials and facilities in accordance with standards adopted by the American Library Association. No employee shall be dismissed for the selection of library materials when the selection is made in good faith and in accordance with the approved policy adopted pursuant to the provisions of this section.

M.G.L. c. 78, § 34 Employment contracts for library employees

c. 78, § 34. Employment contracts for library employees Section 34. The board of trustees of a free public library in any city or town, or in the absence of such board, the city or town official possessing the appointive powers of such board shall, except in the case of those employees subject to the provisions of chapter one hundred and fifty E, execute a written employment contract with an employee of said library outlining the basic conditions of employment, including but not limited to the establishment of a probationary period and the procedure for dismissal during this period and the establishment of a procedure which specifies the cause for dismissal after the completion of such probationary period.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter78Fetched: 10/20/2026