F-1 Library Board Appointments L O. BENGTSON
CITY ATTORNEY
AREA CODE 913 823-2244
June 28, 1973
RON BARTA
ASST. CITY ATTORNEY
AREA CODE 913 825-5413
The Honorable Board of City Cc~missioners
City - County Building
S~alina, Kansas 67401
Dear Cc~uissioners:
In regards to the library board appointments I wish to submit to you
the follc~ing:
The Salina City Library was established pursuant to the provisions
of Chapter 485, Laws of Kansas, 1951, as set forth in K.S.A. 12-1219 to
12-1235, inclusive. The same provisions have been incorporated in our
Salina Code as Sections 19-1 to 19-20, inclusive.
K.S.A. 12-1222 provides for t/~ composition of the governing body
of the library and provides that it shall be ccmposed of seven members
and "In addition to the appointed members of the board the official head
of the municiPality shall be ex officio a member of the library board
with the same power as appointed members but no person holding any office
in the municipality shall be appointed a member while holding such office".
Blacks Law Dictionary, Third Edition, states tb~%t ex officio means "with-
out any other warrant or appointment than that resulting frc~ the holding
of a particular office."
In view of the above statute the Board of Ccmuissioners should appoint
seven members to the Library Board. I am of the opinion that it would
be improper for the Board of Ccxauissioners to appoint the ma~or to
the f.~hrary Board as he is not an appointed member but a raember by
virtue of his office. I am of the further opinion that in the event
that the mayor is unable to attend a library board meeting that it
would be appropriate for the acting mayor of the city to attend in his
behalf.
I trust that the above will answer your inquiry.
Very truly yours,
L. O. Bengtson
Attorney at Law
LOB/ds