§ 31-31. Orange County Library Board of Trustees; establishment and purpose; appointment of members, terms, removal, and vacancies; compensation; quorum, rules of procedure, and seal.

(1)

Establishment and purpose. There is hereby established the Orange County Library Board of Trustees, a public body corporate and politic. The board of trustees shall be deemed a public instrumentality and the exercise by the trustees of the powers conferred by this article shall be deemed the performance of an essential public function.

(2)

Appointment of members, terms, removal, and vacancies. The Orange County Board of Trustees shall consist of five (5) members appointed by the governing board, two (2) of whom shall be nominated by the City of Orlando. A nominee of the City of Orlando shall be appointed by the governing board to the board of trustees unless rejected for good cause shown.

(a)

All members shall serve terms of four (4) years, except that each member shall continue to serve beyond his or her term until a successor is appointed, and the term of the successor shall be reduced by the amount of the holdover. No member shall serve more than two (2) full terms consecutively or more than ten (10) consecutive years. No person employed either by Orange County or by the City of Orlando shall serve on the board of trustees during the time of such employment. Further, no elected official of any county or municipality may serve on the board of trustees during the term of elected office. The appointment of all members serving as of the effective date of this article, and the terms for which they were appointed, are hereby ratified and validated.

(b)

Any trustee may be removed by majority vote of the governing board for good cause affecting his or her ability to perform the duties as a member or for misfeasance, malfeasance, or nonfeasance in office, but only after a hearing at which such trustee is given the right to present evidence in his or her own behalf and only upon a finding by majority vote of the governing board that good cause for removal affecting the member's ability to perform the duties as a member exists, or a finding that the trustee was guilty of misfeasance, malfeasance, or nonfeasance in office.

(c)

Upon the occurrence of a vacancy on the board of trustees, the governing board shall appoint a new member to serve during the unexpired portion of the term no later than ninety (90) days after occurrence or discovery of the vacancy.

(3)

Compensation. Trustees shall serve without compensation, except that they may be reimbursed for reasonable travel and per diem expenses incurred in the course of their duties and responsibilities as trustee or on behalf of the governing board or otherwise in engaging in the business of the district. Any such reimbursement for travel or per diem expenses shall be in amounts pursuant to general law.

(4)

Quorum, rules of procedure, and seal. A quorum shall consist of three (3) members of the board of trustees, and official action shall be taken only upon majority of the trustees present and voting. The board of trustees shall adopt bylaws for election of officers and orderly proceedings and shall adopt a common seal for the certification of its actions.

(Laws of Fla. ch. 99-486, § 8)