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May a public library (municipal or county in this example)
compete with the private sector in providing services such as video
rentals or meeting room rental? May the library provide the services at
below market rate? |
Gerald Clark |
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From: Gerald Clark
Question: May a public library (municipal or county in this example)
compete with the private sector in providing services such as video
rentals or meeting room rental? May the library provide the services at
below market rate?
A (any) public library in the City and County of San Francisco is the
hypothetical type site. The question distills down to one of municipal
civil policy; it is neither a federal nor a criminal matter. It in part
is a state question because municipalities derive their powers from the
state.
Two immediately relevant sources are:
- Constitution of the State of California.
Article XI,
- Sec. 2(a) [legislature provides for city powers].
- Sec. 3(a) [city may adopt a charter for its own government].
- Sec. 5(a) [city charter may provide for making and
enforceing ordinances in respect to municipal affairs].
- Sec. 6(a) [a county and all cities within it may
consolidate as a charter city and county].
- Sec. 7 [a county or city may make and enforce within its
limits...ordinances and regulations not in conflict with general laws].
- The Charter of the City and County of San Francisco
Preamble [charter is the fundamental law of the City and County].
- Article I, Sec. 1.101 [City and County may make and enforce
ordinances and regulations in respect to municipal affairs].
- Article II, Sec. 2.109 [within 30 days of submission by the Mayor,
Board of supervisors must approve or disapprove any rate, fee, or similar
charge to be imposed by any...Commission... .].
- Article IV, Sec. 4.100 [Mayor empowered to appoint Commissions].
Sec. 4.102(1) and (4) [describes powers and duties of
Commissions (applicable to the question)].
- Article VIII, Sec. 8.102 [references the Library Commission].
The above references only indirectly address the second part of the
question. A search of the index to the Administrative Code of the City
and County of San Francisco yielded no clues about the policies on
competition with the private sector. It is hard to believe they do not
exist; a telephone call or visit to City Hall may be required. If this
were a serious question there would have to be a demonstration that the
library policy was in fact causing injury to at least some portion of the
private sector.