Public Library Governance

1. Public Library Governance ABLE: “Administering Better Libraries – Educate” Module #1

2. Governance Topics • Legal Structure of Public Libraries • Governing Laws • The Board of Trustees • Library Policies • The Library Network of New York State • Contemporary Issues

3. Fundamental Facts • The library is an essential educational institution • Good governance is a necessity • Understand that knowledge is power • Law is a tool of positive change and leadership

4. Critical Documents • Provisional and Permanent Charters • Registration • By-Laws • Policies • Minutes • Audits • Contracts & Other Legal Documents

5. The Library Corporation • Educational Corporations • The Board of Regents • Commissioner of Education • Registration of Public Libraries and Minimum Standards CR90.2

6. Types of Public Libraries • Lack of Constitutional Provisions • Who establishes public libraries? • Public vs. Private • Four Types of Public Libraries: • Association • Municipal • School District • Special District

7. Association Libraries • Oldest and Most Prevalent • Private not-for-profit 501(c)(3) organizations • History & Methods of Organization • Typical Service Areas • Board Membership • Applicable Laws

8. Association Libraries, continued • Budget development • Lack of taxing authority • Public voting process • Capital projects

9. Municipal Libraries • Establishment • “Public” aspects and applicable laws • Relationship with municipality • Budget development, presentation and independence • Capital projects

10. School District Libraries • Establishment by community • “Public” aspects and applicable laws • Legal structure and independence from School District • Budget votes • Trustee elections

11. Special District Libraries • Establishment and definition of “Special District” • Applicable laws • Budgets and elections

12. Governing Laws • Public Library Law in New York State • http://www.nysl.nysed.gov/libdev/publaw/ • http://www.nysl.nysed.gov/libdev/excerpts/index.html

13. Education Law – Critical Sections • Section 226 – Powers & Duties of Trustees • Section 253 – Definition of a Public Library • Section 254 – Standards • Section 255 – Establishment • Section 259 – Taxation

14. Education Law, continued • Sec. 260 – Powers of Trustees; school district library authority • Sec. 272 – Library Systems

15. Commissioner’s Regulations • Authorized to establish regulations to implement law • Most “popular” • Minimum Standards – CR 90.2 • Annual Reports • Direct Access – 90.3 d. (1)

16. Laws for Public Institutions • General Municipal Law • Bidding and Procurement • Conflicts of Interest • Public Libraries • Association Libraries

17. Critical Law, continued • Public Officers Law • Indemnification • Open Meetings • Freedom of Information • Confidentiality of Library Records • Civil Practice Laws and Rules Sec.4509 • Civil Service Law

18. The Board of Trustees • Duties and Responsibilities • The Trustee as a Public Servant • The Duty of Care: “act in good faith” • The Duty of Loyalty: “allegiance to institution” • The Duty of Obedience: “fulfill the mission” • Collective Authority • Resources: • http://midhudson.org/trustee/main.htm

19. Board Organization and Meetings • Elections and appointments • By-Laws • Rules for effective Board meetings • Open Meetings • Freedom of Information (FOIL) http://www.dos.state.ny.us/coog/coogwww.html

20. Board/Director Relationships • Duties and Responsibilities of the Library Director • Collective Authority of the Board • Employment Agreements and Contracts • Evaluation Process • Managing Conflict

21. Library Policies • Policies are the rules of the Library • Policies should be developed thoughtfully and revised regularly • Policies provide you and the library with legal protection • Policies are useless unless you and your patrons know them

22. Essential Policies • Board Policies • By-laws • Meeting protocols • Ethics and conflicts of interest • Operational Policies • Library hours and days open • Lending rules, Internet access, etc. • Patron behavior

23. Essential Policies, continued • Collection Management • Selection • Intellectual Freedom • Challenges to library materials • Facilities and Emergencies • Crisis management • Inclement weather

24. Essential Policies, continued • Personnel Policies • Staff Manuals • Union Contracts • Employee acknowledgement • The Library as a “Limited” or “Designated” Public Forum • Sample Policies • http://www.owlsweb.info/L4L/policies/sample.asp. • http://winslo.state.oh.us/publib/policies.html

25. Ethics and the Public Library • Conflicts of Interest • General Municipal Law; Sec. 800 • “no officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee…” • Inclusion of family members • “Free” services prohibited • Application to Association Libraries

26. The Library Network in New York State • The State Education Department • Cultural Education • Archives • Museums • Public Broadcasting • Libraries

27. The Library Network, continued • The State Library • The “State Library” • Division of Library Development • Public Library Services • Public Library Systems • History and structure • Typical services • Finances

28. The Library Network, continued • School & 3R’s Systems • The National Library Network • American Library Association • Federal Institute of Museum and Library Services • Library of Congress

29. Contemporary Issues • Public Voting on Budgets and Trustees • Public Library Districts • Chapter 414 (Ed Law 259.2) • Special School District Elections • Legislative Initiatives • New Century Libraries • NOVEL

30. Issues for Discussion • The USA PATRIOT ACT • Children’s Internet Protection Act (CIPA), Internet censorship, and the library as a “limited public forum”

31. Public Library Governance ABLE: “Administering Better Libraries – Educate” Module #1