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2018 Georgia Code 20-5-41 | Car Wreck Lawyer

TITLE 20 EDUCATION

Section 5. Libraries, 20-5-1 through 20-5-65.

ARTICLE 2 LOCAL AND REGIONAL PUBLIC LIBRARIES

20-5-41. Establishment of boards of trustees to govern libraries.

Each library system shall be governed by a board of trustees. Each system shall have a governing board of trustees but may have other affiliated boards of trustees for member libraries. The county board of library trustees shall exercise authority in a county system. The regional board of library trustees shall exercise authority in a multicounty system.

(Code 1981, §20-5-41, enacted by Ga. L. 1984, p. 1005, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarities of the statutory provisions, opinions under former Ga. L. 1935, p. 409, §§ 1 to 3, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.

Authority for board to hold title.

- There is strong implication and indirect authority for the board to hold title to real property, there being no statutes to the contrary. 1963-65 Op. Att'y Gen. p. 137 (decided under former Ga. L. 1935, p. 409, §§ 1 to 3).

Use of school funds for construction of library facilities deemed expenditure for educational purposes.

- In view of the inherent nature of library facilities as a learning tool and the pervasive relationship between educational authorities and library systems on both the state and local governmental levels, together with the stated legislative policy that the establishment of a public library service is to be part of the provisions for public education in this state, the use of common school funds for the construction of public library facilities is an expenditure for educational purposes. 1975 Op. Att'y Gen. No. 75-33 (decided under former Ga. L. 1935, p. 409, §§ 1 to 3).

Conflict of interest.

- Member of a county board of education, which chooses one-third of the membership of a library board, should not also be employed by the library board as the librarian; and a person who currently holds both positions should resign from one of the two positions to avoid a conflict of interest. 1980 Op. Att'y Gen. No. 80-64 (decided under former Ga. L. 1935, p. 409, §§ 1 to 3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 324 et seq.

C.J.S.

- 78 C.J.S., Schools and School Districts, § 138 et seq.

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