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This chapter deals with the organization of library boards, and the roles and responsibilities of library trustees. All trustees are obliged to read and understand the federal, state, and local laws and regulations that govern their library as well as the more general laws that apply. Board members should thoroughly understand the extent of their legal authority and responsibilities. See Laws Affecting Libraries for additional information.
Orientation
An article in the July 2017 Library Hotline by Maxine Bleiweis, 2015 recipient of the Charles Robinson Award for Innovative Leadership and former Executive Director of the Westport Library in Connecticut, neatly orients new trustees.
Additional resources for anyone serving on a library board is United for Libraries (formerly the Association of Library Trustees, Advocates, Friends and Foundations (ALTAFF)), a division of the American Library Association. Additional pointers can be found in United for Libraries' Trustee Tip Sheets.
Library boards
- Represent the community to the library;
- Advocate for the library:
- To the community at large;
- To elected officials.
- Work with library administration in planning and setting goals;
- Develop and implement policies that govern library services;
- "Adopt such bylaws, rules, and regulations for their own guidance and for the government of the library." RCW 27.12.210(1)
- Bylaws should clearly describe the:
- Purpose of the board of trustees;
- Officers of the board, election method, their authority, duties, and term of office;
- Role of the library director in support of the board;
- Requirements for board members to remain in good standing, such as attendance at regular and special meetings;
- Cause and process for removal from board membership;
- Quorum required for a meeting;
- Procedural rules for conducting meetings, such as Robert's Rules of Order;
- Requirements of the state open public meetings laws in relation to study sessions, special meetings, executive sessions, notice to the public, etc.;
- Requirements that implement state public records laws for access to board minutes, policies, planning documents, and other materials;
- Standing committees, their duties, and membership;
- Provisions for special committees or task forces that may include members in addition to the board;
- Regular meeting pattern (e.g., the first Friday of each month);
- Annual timetable for required activities, reports, reviewing bylaws, library policies, etc.;
- Process for amending bylaws.
What Library Boards Should Not Do
The board is charged with establishing policy and long-term plans for the direction of the library. The board hires the library director and delegates to the director the responsibility for managing the library and all of its daily operations. The director implements the policies and direction set by the board. Although planning, policy-making, and management are obviously interrelated, the following caveats should be kept in mind:
- Boards should not run their libraries; they should see that they are run properly;
- Boards should not attempt to manage their libraries; they must see that the libraries are managed properly. Micromanaging is always a temptation that board members must avoid;
- Individual board members have no legal authority over the library. Their authority is derived as a member of the board during official meetings or as an authorized representative of the board;
- Boards should not demean library staff in public;
- Boards should not disregard without consideration suggestions or advice from the library director;
- Boards are not the communication link between:
- The staff and the director;
- The community and the staff;
- If a municipal library, the city government and the library.
These are the responsibility of the library director.
- The relationship between the board and the library director is not a competition. The board should not try to dominate the director; the director should not try to dominate the board. Neither should try to undermine the other by discussing problems with members of the public or library behind each other's back. Both parties need to remember their ultimate purpose - to serve the needs of their community;
Summary of Recommended Board Officers and Committees
Organizing the board is the first step toward realizing its goals. Sample job positions for the following positions may provide a framework for delineating the roles of board members:
- Chair;
- Vice Chair;
- Secretary;
- Treasurer;
- Basic Library Trustee.
Some boards establish a number of standing committees to address specific matters such as:
- Budget and finance;
- Buildings and equipment;
- Planning;
- Policy review and development;
- Public relations;
- Personnel.
Consider organizing your board's work through task forces:
- Task forces are a dynamic alternative to committees, designed to get specific things done;
- Task forces can focus on strategic priorities and urgent business.
The following guidelines should be kept in mind when using task forces:
- A specific task is to be achieved in a limited amount of time, usually less than 3 months;
- A trustee should be appointed leader, working with 2 or 3 others;
- Deadlines should be set to create a sense of urgency;
- The group should work on the task between, not at, board meetings;
- The task force should report on progress, outcomes, next steps, and new tasks that need to be done;
- Each board member should serve on at least 1 task force;
- Never allow task forces to turn into static committees! Task forces are designed to take SMALL steps that add up to big results.
Standing committees, as well as ad hoc committees or task forces, may include appointees that are not board members.
Committees and task forces provide options and recommendations to the board. They do not make the final decisions. The library director is also expected to provide options and recommendations for board consideration.
Role of the Library Director in Board Meetings
The director attends all board meetings, and is usually asked by the board chair to participate in executive sessions.
The library director is responsible for all operations of the library. In order to support the work of the board, the director provides information and research, proposes options, drafts policies, or makes other recommendations for board consideration. The director supplies staff work, coordinates major efforts such as a long-range planning process, raises questions, describes programs, and assesses both the successes and failures of the library program. The director may also provide, or arrange for, continuing education for trustees.
Model Friends' Cooperative Network, a helpful chart illustrating the roles of the library director, trustees, and friends, may be found among the Organizational Tools for Trustees provided by United for Libraries.
What Does It Take To Be A Library Trustee?
No state law prescribes eligibility requirements for library trustees. Trustees may serve in other governmental positions if the offices are not incompatible. The Washington State Supreme Court in applying the Judicial Doctrine of Incompatible Offices in Kennett v. Levine, stated:
“Offices are incompatible when the nature and duties of the offices are such as to render it improper, from considerations of public policy, for one person to retain both.”
“The question is… whether the functions of the two are inherently inconsistent or repugnant, or whether the occupancy of both offices is detrimental to the public interest.”
Information about the holding of dual offices and the Judicial Doctrine of Incompatible Offices may be found in Incompatible Offices from the Municipal Research and Services Center.
Knowledge, Skills, and Abilities for Library Trustees
A library trustee needs to:
- Know:
- The extent of their powers;
- How to work collaboratively;
- The nature of their legal relationships with appointing authorities;
- The community so that the library's programs can meet its needs;
- The board's role in keeping public trust;
- Current library issues;
- State and federal laws governing libraries;
- Who's who:
- Decision makers;
- Members of the press;
- Community leaders.
- Participate in:
- Board meetings;
- Developing policies with the library director and staff;
- Orientation of new board members;
- Building relationships with members of the community.
- Be ready:
- By being familiar with the board agenda and order of business;
- By being informed and prepared for all meetings.
- Understand:
- The role of the trustee and the library director;
- How to run a meeting (i.e., Robert's Rules of Order)
- The budgeting process and how to secure adequate funding to support the library's programs.
- Advocate:
- By promoting library issues and building support from local, state, and national elected representatives;
- By promoting activities of the Friends of the Washington State Library as well as local Friends of the Library;
- By participating in community fundraising for the library;
- By participating in activities promoting the library at:
- Community events;
- Political events;
- Grow:
- By practicing and honing communication skills;
- By joining regional, state, and national library associations such as:
- By keeping abreast of trends and issues by reading library journals and professional publications such as:
- By participating in webinars and conferences such as:
Getting Library Trustees Up To Speed
Orientation
- The chair of the board arranges for new trustee orientation in coordination with the library director. It is best if the initial orientation can take place before the first board meeting, but it is likely to take a number of months to cover the range of information needed by a board member. At the first board meeting, it is helpful to take time for members to provide background about agenda items and answer questions for the new trustee.
- A portion of each board meeting or special sessions may address topics that are important to all board members. One goal might be to review and discuss the content of the Public Library Trustee Wiki. Another goal may be to schedule regular staff presentations and discussions about library services and practices.
- The orientation should:
- Acquaint new board members with the library, past, present, and future;
- Review responsibilities of the board as a governing or advisory board with obligations to meet public meeting laws;
- Clarify the separate and distinct roles of the board, director, staff, Friends of the Library, volunteers, foundations, other governmental units, etc.;
- Review policies emphasizing the difference between the board policy-making role and the implementation role of director and staff;
- Visit all library facilities, meet key staff, and see demonstrations as appropriate;
- Answer specific questions and discuss philosophical issues.
Information Needed by New Board Members
New board members will need a variety of information from different sources to equip them for their duties. This should include:
- From the Appointing Authority:
- Letter of appointment including term of office.
- From the Board of Trustees:
- Letter of welcome from board chair;
- Current roster of board members;
- Position description for library trustees;
- Board by-laws;
- Board code of ethics;
- Description of board committees and their responsibilities;
- Meeting calendar and attendance expectations for board and committee sessions;
- Board minutes for at least two previous years, more if needed, to be familiar with development of projects, building or other capital expenditure programs, etc.;
- Explanation of costs that will be paid or reimbursed, such as attending the American Library Association or Washington Library Association annual conferences.
- From the Library Director:
- Letter of welcome from library director;
- Library mission statement;
- History of library;
- Long-range and annual work plans;
- Organizational chart and list of staff, positions, and contact information;
- Position description for library director;
- Salary schedule and classification schedule for library positions;
- Library policies handbook;
- Annual operations plans and status reports for public services, technical services, technology, facilities, etc.;
- Current budget and at least one prior year's budget;
- Local ordinances, charters, or agreements impacting library;
- Major library contracts;
- Audit reports for at least two periods;
- Information about library facilities, including floor plans;
- Community demographics, analysis of trends, and other background information
For additional information, contact Carolyn Petersen, Assistant Program Manager, Library Development, Washington State Library, at 866.538.4996, 360.570.5560, or [email protected].
How Many Members? For How Long?
| Type of Library |
# of Trustees |
Method of Appointment |
Length of Term* |
Method of Removal |
| City |
5 |
By the mayor with the consent of the legislative body |
5 years |
By vote of the legislative body |
| County |
5 |
By the board of county commissioners |
5 years |
For just cause by the county commissioners after a public hearing upon a written complaint, stating the ground for removal. Requires:
- Notice of time and place of hearing;
- Complaint is served upon trustee at least 15 days before hearing.
|
| Intercounty rural library district |
5 or 7 |
By the joint action of the boards of county commissioners of each of the counties included in a district |
5 years for 5-member boards;
7 years for 7-member boards |
By the joint action of the board of county commissioners of the counties involved for just cause after a public hearing upon a written complaint, stating the ground for removal. Requires:
- Notice of time and place of hearing;
- Complaint is served upon trustee at least 15 days before hearing.
|
| Island library district |
5 |
By the board of county commissioners |
5 years |
For just cause by the county commissioners after a public hearing upon a written complaint, stating the ground for removal. Requires:
- Notice of time and place of hearing;
- Complaint is served upon trustee at least 15 days before hearing.
|
| Regional library district |
5 or 7 |
By joint action of the legislative bodies concerned |
5 years for 5-member boards;
7 years for 7-member boards |
Editor's note: Method for removal in regional library district not specified in RCW. |
| Rural county library district |
5 |
By the board of county commissioners |
5 years |
For just cause by the county commissioners after a public hearing upon a written complaint, stating the ground for removal. Requires:
- Notice of time and place of hearing;
- Complaint is served upon trustee at least 15 days before hearing.
|
| Town |
5 |
By the mayor with the consent of the legislative body |
5 years |
By vote of the legislative body |
* The first appointments for boards comprised of five trustees shall be for terms of one, two, three, four, and five years respectively, and thereafter a trustee shall be appointed annually to serve for five years. The first appointments for boards comprised of seven trustees shall be for terms of one, two, three, four, five, six, and seven years respectively, and thereafter a trustee shall be appointed annually to serve for seven years. No person shall be appointed to any board of trustees for more than two consecutive terms. Vacancies shall be filled for unexpired terms as soon as possible in the manner in which members of the board are regularly chosen. RCW 27.12.190
What Is Meant By “Term?”
According to the Attorney General's opinion 1970 No. 38:
“…the initial term of every first appointee to a public library board - irrespective of its length - is just as much a term of office as any ensuing term, for purposes of application of (RCW 27.12.190).”
A very similar circumstance was addressed in an 1895 decision that is relied upon with approval in Gerberding v. Munro, 134 Wn.2d 188 (1998), as follows:
“Likewise in 1895, we interpreted the term limit provision of former article XI, section 7 as a qualification for county treasurers. In Koontz v. Kurtzman, 12 Wash. 59, 40 P.622 (1895), an unsuccessful candidate for county treasurer challenged the election asserting the person elected was ineligible to hold office under former WASH. CONST. art. XI, § Section 7 alleging a partial term served by the treasurer pursuant to appointment should be counted in applying the term limit. In analyzing the issue, we treated the term limit as a qualification.”
“We are of the opinion that appellant was not disqualified from holding the second term under [ article XI, section 7 ], in consequence of having served for a part of a term under the appointment by the commissioners. The constitution does not say that no person shall hold a county office for more than four years, but says that he shall not hold it for more than two terms in succession. It interposes a term limit but not a time limit. The term of office is fixed by law and is two years, and there may be several different incumbents during a single term.”
Koontz, 12 Wash. at 60 Id. at 200-01.
In Koontz, the subject official, similar to here, was appointed by the governing body to the position (for two months) and was subsequently elected to the position for two successive terms. The court held that the applicable term limit provision that limited eligibility to the position to no more than two terms in succession did not disqualify the official from holding the second full term. In addition to the above quoted text, the court went on to state:
“… It might have been difficult to have gotten another person to serve as treasurer for the short period of two months for which appellant was appointed, and it was a matter of convenience to appoint him thereto, as he was so soon to succeed to the office. It is quite likely he would not have served if he had supposed it would have barred him from holding beyond one full term. Such a law would be contrary to public policy, and it is evident there was no intention to include a part of a term in the limit provided. There is nothing ambiguous in the language used in the provision and it construes itself.”
Koontz, at 60.
Note: The full text of Koontz v. Kurtzman may be found in the Washington State Supreme and Appellate Court Decisions.
Governing or Advisory—What's the Difference?
Governing Board
Advisory Board
There are two types of library boards—governing boards and advisory boards:
- Governing boards: have full authority over the governance of the library, including hiring and overseeing the library director, establishing policy, and working closely with the library director to develop and present the library's budget to its governing body. Governing boards are appointed by the municipal governing body or by county commissioners. Although district and regional library boards are appointed by county commissioners, the boards are legally autonomous and are not responsible to the appointing authority.
- Advisory boards: are usually found where the library functions as a department within its particular city or town. Cities and towns operating under the Optional Municipal Code, often called code cities, incorporate the library as a city department with an advisory board. The city governmental authority determines the degree and level of decision-making authority vested in the code city library board. City or town libraries that contract with, or that are annexed to, regional or district libraries may have advisory boards. Those advisory boards may provide input to their own local government officials. They have no governing authority and act in an advisory capacity only, providing advice and information to assist the governing authority. In some cases, the advisory board may provide input to the library director and the governing board.
To explore additional aspects of the two types of boards, read Governing (Independent) Library Boards vs. Advisory Library Boards: Which Are Better? (tip sheet #7) from the series Tools for Trustees, on the United for Libraries web site.
Shades of Gray - Roles and Responsibilities in Optional Municipal Code Cities
Apparently, conflicting laws define the authority of library boards in Optional Municipal Code Cities. RCW 35A.27.010 states “Every code city may exercise the powers relating to the acquisition, development, improvement and operation of libraries…” This is inconsistent with RCW 27.12.190, which declares, “The management and control of a library shall be vested in a board of either five or seven trustees as hereinafter in this section provided. In cities and towns five trustees shall be appointed by the mayor with the consent of the legislative body…”
Thus, libraries in cities that operate under the Optional Municipal Code form of government are established as a city department and report to the city. The city board may be invested with advisory authority only, or with partial authority depending on the decision of city authorities. Unlike the governing board of a library district whose authority is clearly stated in law, the degree of authority of a code city library board needs to be carefully negotiated. It is the responsibility of the city library board to clarify and confirm the breadth and depth of its authority and responsibilities.
Once an agreement is reached between the library board, director, and appropriate officials, some municipal legislative bodies in Optional Municipal Code Cities adopt an ordinance to define the city library board's role.
The city, the library, and the legislative council/authority need to discuss and agree upon the extent of their authority and expectation of their respective roles. For example, does the city manager appoint a director with or without consent of the legislative authority? What authority does the library board have in the appointment of a library director? The topics that need to be agreed upon include:
- Appointment and removal of library director;
- Appointment and removal of library trustees;
- Annual performance review of library director;
- Development and approval of library budget, based on the library's long-range plan;
- Fiscal review and approving fund expenditures;
- Establishing policies for library use and service, including circulation, customer service, selection of library materials, and Internet use policies.
Washington's Office of the Attorney General has weighed in on the question of the role of library boards in Optional Municipal Code Cities. For an in-depth look at this question, see the March 23, 1983 memorandum, Status of City Library Board In Optional Municipal Code Cities, from Thomas R. Bjorgen, Assistant Attorney General; and the April 18, 1994 memorandum, Role of the Board of Library Trustees in Code Cities, from Jean M. Wilkinson, Assistant Attorney General.
In response to a recent question regarding the authority to appoint library boards of trustees without approval of the council, legal staff from the Municipal Research and Services Center of Washington (MRSC) stated: “Apparently, this has been a common question through the years. Our attorneys agree with your conclusion that until the legislature makes a change, Title 35A RCW controls over ch. 27.12 RCW (see RCW 35A.21.160). Therefore, under RCW 35A.13.030, the city manager has the power to appoint the library board only if the city council has adopted a specific ordinance giving him or her that power.”
Governing or Advisory—How Can You Tell?
| Governing Body |
Stipulations |
Type of Board |
| City |
Library service is contracted |
Advisory |
| City |
Annexed to rural or intercounty library district |
Advisory |
| City supporting independent public library |
City is an Optional Municipal Code city |
Advisory |
| City supporting independent public library |
City is not an Optional Municipal Code city |
Governing |
| Intercounty library district |
None |
Governing |
| Partial-county library district |
None |
Governing |
| Regional library |
None |
Governing |
| Rural county library district |
None |
Governing |
| Town |
Library service is contracted |
Advisory |
| Town |
Annexed to rural or intercounty library district |
Advisory |
Who Does What
Library trustees need to know the extent of their powers and fully understand their legal relationships with appointing authorities. For example, county commissioners are authorized to appoint trustees, and to remove library trustees from a district board for just cause. However, county commissioners do not have the authority to approve or disapprove policies or decisions made by the district board, nor to require reports from the district board.
Governing boards have a different level of authority than advisory boards. As stated in United for Libraries' Trustee Tip Sheet, The Role of Library Trustees
“1. The Governing Board is either elected by the general population or is appointed by the city or town's elected council. This type of board has full authority over the governance of the library. This Board hires the library director, sets policy, and works closely with the director in establishing and presenting the library's budget to the city.”
“2. The Advisory Board typically exists where the library is a city department, the library director is hired by the city, and the library director reports directly to the city manager or mayor. The Advisory Board typically has less governing authority though it may be an appointed or elected Board. By law in most states, this Board still has responsibility for policy setting, but does not have responsibility for the budget or the direct oversight of the library director.”
RCW 27.12.210 lays forth the powers and duties for Governing Boards as follows:
“The trustees, immediately after their appointment or election, shall meet and organize by the election of such officers as they deem necessary. They shall:
- Adopt such bylaws, rules, and regulations for their own guidance and for the government of the library as they deem expedient;
- Have the supervision, care, and custody of all property of the library, including the rooms or buildings constructed, leased, or set apart therefor;
- Employ a librarian, and upon his or her recommendation employ such other assistants as may be necessary, all in accordance with the provisions of *RCW 27.08.010, prescribe their duties, fix their compensation, and remove them for cause;
- Submit annually to the legislative body a budget containing estimates in detail of the amount of money necessary for the library for the ensuing year; except that in a library district the board of library trustees shall prepare its budget, certify the same and deliver it to the board of county commissioners in ample time for it to make the tax levies for the purpose of the district;
- Have exclusive control of the finances of the library;
- Accept such gifts of money or property for library purposes as they deem expedient;
- Lease or purchase land for library buildings;
- Lease, purchase, or erect an appropriate building or buildings for library purposes, and acquire such other property as may be needed therefor;
- Purchase books, periodicals, maps, and supplies for the library; and
- Do all other acts necessary for the orderly and efficient management and control of the library.”
* Reviser's note:RCW 27.08.010 was repealed by 1987 c 330 § 402. See RCW 27.04.055 for qualifications of librarians.
Advisory boards in annexed or contracting cities represent their community and its perspectives to the larger library system, providing essential input and assistance in order to assure that services and programs are useful to their community.
Members should be ready to:
- Assist in long range and annual planning
- Initiate and participate in strategic planning for the library
- Serve on library committees
- Recommend and to advocate for budgets and policies that support
the community library.
- Assist the library director in policy-level decision-making, in appropriate areas.
Board members are library advocates within their community, representing and promoting the library system services and programs as well as the community library services.
Advisory board meetings are open and public input is encouraged.
The Municipal Research and Services Center of Washington (MRSC) provides helpful information for advisory boards in their online publication, Local Government Citizen Advisory Boards.
| Area of Responsibility |
Governing Board |
Advisory Board |
Library Director |
| Library Staffing |
- Approves union contracts;
- Relationship to director:
- Hires;
- Authorized to contract or make other employment agreements with director;
- Supervises;
- Evaluates annually;
- Takes corrective action;
- Terminates.
- Refers staff grievances to library director.
|
- No role in hiring or overseeing library director. City hires director, who reports directly to city manager or mayor;
- Depending on the city, advisory board may make recommendations regarding hiring, evaluation, or firing of director;
- Refers staff grievances to library director.
|
- Provides for union negotiations;
- Relationship to library staff:
- Hires;
- Supervises;
- Evaluates;
- Takes corrective action;
- Terminates.
- Implements city or board personnel policies and procedures;
- Investigates and resolves staff grievances.
|
| Strategic and Long-Term Planning |
- Evaluates community needs as basis for planning;
- Adopts plans for establishing goals and priorities for future directions.
|
- Assists in long-range and annual planning;
- Participates in strategic planning for the library;
- Role may range from adopting plan to recommending plan to mayor or city council for official approval.
|
- Presents plans to municipal authorities;
- Supports adoption of plans.
|
| Budget and Fiscal Management |
- Evaluates and approves budget;
- Holds public budget hearings and filings;
- Monitors revenue and expenditures;
- Works to secure funding.
|
- Recommends and advocates for budgets that support the community library;
- Works to secure funding;
- Recommends approval of projects and proposals.
|
- Follows municipal or board budget directions and procedures;
- Provides analysis to board and authorities concerning budget;
- Follows city procedures for proposals, contracts, etc.
|
| Adopt Library Policies |
- Adopts and regularly reviews policies.
|
- Recommends and advocates for policies that support the community library;
- May propose or adopt library-related policies such as:
- Intellectual freedom
- Collection development
|
- Recommends needed policies to the library board of trustees;
- Implements city policies and procedures;
- Depending on city, may directly implement library-related policies, or may present to mayor and council for approval.
|
| Library Services |
- Adopts policies that assure services meet the needs of the community;
- Supports the role of the library;
- Encourages extension of library services to all members of the community.
|
- Recommends policies that assure services meet the needs of the community;
- Supports the role of the library;
- Encourages extension of library services to all members of the community.
|
- Implements library services;
- Manages operation of library programs and services, in accordance with established policies;
- Evaluates services.
|
| Library Building and Equipment |
- Approves expenditures for:
- Facilities contracts;
- Construction or renovation;
- Major equipment.
- Provides information on project funding.
|
- Recommends projects;
- Provides information to contractors and the general public.
|
- Researches feasibility of projects, gathers information about potential architects, contractors, other resources for board consideration;
- Implements building plans, purchase and install equipment;
- Provides for ongoing maintenance.
|
| Collection Development |
- Adopts collection development policy statements that reflect needs of entire community;
- Advocates for materials budget to support library strategic goals.
|
- Adopts collection development policy statements that reflect needs of entire community;
- Advocates for materials budget to support library strategic goals.
|
- Regularly evaluates how effectively collection meets community needs;
- Provides analysis for selecting and purchasing materials.
|
| Library Advocacy |
- Advocates for library in the community;
- Addresses local and regional library issues by communicating with elected officials;
- Participates in annual library legislative day.
|
- Advocates for library in the community;
- Addresses local and regional library issues by communicating with elected officials;
- Participates in annual library legislative day.
|
- Advocates for library in the community;
- Addresses local and regional library issues by communicating with elected officials;
- Participates in annual library legislative day (unpaid time).
|
Evaluation
Evaluating the Board and Board Members
The following self-evaluations may be used by a library board to assess how well it is operating as a board and how effectively it is advancing library programs and services. Depending on the results, the board may consider a retreat, some targeted continuing education, or employing a consultant to help them to address goals.
“How Well Are We Doing As A Board” was developed by Mary Y. Moore, formerly Statewide Library Training Consultant at the Washington State Library:
Essential Board Functions:
- Strategic Planning and Evaluation
- Resource Oversight
- Establishing and Reviewing Policy
- Annually Evaluating the Director
- Advocating for the Library
- Representing the Library to the Community
- Ethical Behavior
Where should we concentrate in order to be more successful as a board and to increase library success?
- Increasing Board Effectiveness:
- Planning effective, efficient meetings
- Encouraging regular attendance by board members
- Avoiding trivial agendas and discussions
- Avoiding jumping to conclusions
- Avoiding short term bias
- Avoiding redoing/rehashing
- Planning ahead to avoid reactivity
- Making firm decisions
- Assuring ethical behaviors and decisions
- Avoiding micromanaging of the director or library operations
- Increasing Potential for Library Success:
- Accomplishing strategic planning
- Establishing/reviewing policies and plans
- Managing resources wisely
- Clarifying lines of authority and responsibility
- Being knowledgeable advocates for the library
- Building relationships with other libraries and organizations
Evaluating individual board members
Evaluation is healthy for both the board and for its individual members. The following resources may be helpful for members in finding out how well they are doing in contributing to the success of the board and the library:
FAQs
- May library trustees receive a salary for their service?
- No, library trustees may not receive a salary or other compensation for their services. RCW 27.12.190
- May library trustees be reimbursed for expenses related to their duties?
- Yes, trustees may be reimbursed for necessary expenses. Such payment shall be made from the library's funds. RCW 27.12.190
- If a rural district library trustee moves into a city within the county that contracts for library services with the district, is that library trustee still qualified to serve as a trustee?
- Per MRSC:
“…there is no statute in chapter 27.12 RCW which provides residency requirements for being appointed as a library trustee. There are some other situations where residency is not required for appointed positions in local governments—one example is that a person can serve on a city planning commission without being a resident of the city. Our conclusion is that a court reviewing this issue could decide that residency within the county is all that is required. We are not aware of any court decision or Attorney General opinion on this specific issue.”
- May a trustee serve as a councilmember or would that be prohibited by the doctrine of incompatible offices?
- Per MRSC:
“If a library district trustee also served as a councilmember of a city that contracts for library services with the district there would be an unavoidable conflict of interest. Though the library district trustee position is not an elected position, the position does qualify as an ‘office’. Because the individual would be serving in a decision-making capacity on both sides of the contract, the conflict cannot be avoided. Recusing from discussion or decisions regarding the contract does not resolve the problem.”
- Can library boards be sued?
- Yes, a board can be sued even if the board, its members, or the library staff are non-liable and have conducted themselves in an appropriate manner. Even if a suit is without merit, the library will still incur costs to defend itself against the charges. Legal counsel should be consulted for advice as needed. RCW 4.96.041
- How is liability defined?
- RCW 4.96.010(1) defines liability for boards and library staff as follows:
“All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.”
In summary, the RCW sets out that boards are liable for “tortuous conduct” which is defined in Merriam Webster's Dictionary of Law (©1996, online at FindLaw) as “…a wrongful act other than a breach of contract that injures another and for which the law imposes civil liability: a violation of duty (as to exercise due care) imposed by law as distinguished from contract for which damages or declaratory relief (as an injunction) may be obtained…” (FindLaw)
- What about members of the board?
- RCW 4.24.470(1) states that “An appointed or elected official or member of the governing body of a public agency is immune from civil liability for any discretionary decision or failure to make a discretionary decision within his or her official capacity, but liability shall remain on the public agency for the tortuous conduct of its officials or members of the governing body.” Generally speaking, officials are largely protected from risk of exposure for personal liability for official actions taken in good faith on behalf of their municipality. Normally, the insurance pool indemnifies officials or officers from liability. Under RCW 4.96.041, the governmental entity would be obligated to defend trustees if any tort claims were to be filed against them as individuals.
A general principle is that board members do not have power as individuals. The power of a trustee is derived from the board. If an individual board member is acting in a capacity that has been officially authorized by the board they will normally be protected from personal liability. If, however, such authority was not granted during an official board meeting and the board member takes some unauthorized action, that member may be held legally responsible for the action.
RCW 4.24.264 states that an individual is not liable for making a decision, or failing to make a decision in their official capacity, unless the decision or lack of decision constitutes gross negligence.
- What can a library board do to protect against liability?
- Every library board must determine with their legal counsel how they will protect against liability. In municipalities, the city insurance usually covers the board members.
- What about liability insurance?
- Liability insurance for “officers and directors errors and omissions” should cover all key areas where liability may be incurred. These include:
- Errors in acts
- For example, a board exercised its legal authority to purchase land for a new library building, but later it was revealed that the land was contaminated.
- Acts in excess of the authority
- For example, giving a library director an order that conflicts with adopted library policy or procedures.
- Nonfeasance
- Defined as “failure or omission to do something that should be done or esp. something that one is under a duty or obligation to do…” (Merriam-Webster's Dictionary of Law © 1996, online at FindLaw). For example, a board did not deal with a known conflict of interest when the board discussed and voted to award a contract. Failure to meet contractual obligations.
- Negligence
- For example, allowing unsafe buildings or grounds to exist, or failure to properly supervise funds.
- Intentional violations of civil law against a person or their property
- These may include: infliction of mental distress or outrageous conduct; libel and slander; assault and/or battery; invasion of privacy; negligence; fraud or misrepresentation; wrongful discharge of employee.
- Acts in violation of state, federal, or local statutes or regulations, bylaws of the library
- For example, authorizing payment of improper expenses, failure to establish policies that follow pertinent rules in employing personnel, not following legal bid procedures.
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