California Attorney General Opinion 24-803

BACKGROUND

Education Code section 18910 is part of the Municipal Libraries Act, which authorizes municipal public libraries. 1 The Act “prescribe[s] a detailed scheme for the establishment and operation of such libraries.” 2 The authority to establish a municipal library predates the Act, which the Act acknowledges in authorizing a city to establish a library if one has not yet been established.

Once established, a municipal library is operated by an appointed board of trustees. 4 Among other things, a library board may buy books, journals, and other publications, employ and prescribe duties of the librarian and other employees, and administer trusts and gifts for the library. 5 The number of trustees that may serve on a library board is the focus of our attention. Without exception, Education Code section 18910 describes the library board as “consisting of five members.”

We are informed that the City of Oxnard would prefer all seven of its council members to serve simultaneously on its library board. Prior to 2018, Oxnard’s city council consisted of five members. In 2018, the City expanded its city council to seven members when it changed to district-based elections. 7 The…