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.

Board-Director Relationships

The healthy board-director relationship is about mutual understanding and respect. The healthy relationship is demonstrated in the following ways:

• The board and the director recognize that each has an important role to play in providing library services.
• The board provides the director with a written job description and evaluates the director's work in a constructive way at least annually.
• The board does not interfere with the daily operation of the library unless specifically asked to do so by the director. In other words, the board allows the director to do the job she or he was hired to perform.
• The director keeps the board adequately informed about the operation of the library. He or she recognizes when a decision goes beyond the authority of the library's staff and takes these issues to the board.
• The board solicits the director's opinions about all issues upon which it will act. The board will always show the director the professional courtesy of asking her or him how a specific decision might impact the day-to-day operation of the library.
• The director carries out policy set by the board even if he or she does not agree with it. The director, in other words, recognizes that the board has the ultimate legal authority for governing the library. (N.B.: In some states, the library board is advisory, not governing.)
• When disagreements occur, they are discussed openly and honestly between the library's director and board in regular or special board meetings held pursuant to their state's open meeting law. Neither the board members nor the director discusses these problems with other members of the public behind each other's back.

In order for the trustee-director relationship to work, trustees need to adhere to the following principles:

• The staff is directed only by the library director, who interprets board-approved policies to the staff and carries out the total library program as accepted by the board.
• Individual trustees never give orders or instructions to the staff.
• Trustees wishing to comment on the performance of the staff make these comments directly to the library director.
• Trustees never interfere in the hiring process other than to agree to job descriptions and personnel policies.
• The board is a final recourse for employees who have exhausted accepted appeals channels.
• The Director was hired to run the library and has supervisory authority over the library's other employees.
• Chain of command is to be respected without exception.

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.

Frequently Asked Questions

Library boards are ultimately responsible for assuring that federal and state laws are reflected in library policies and procedures and that the constitutional rights of individuals are protected. This chapter, although by no means comprehensive, provides a brief overview of some state and federal laws that relate to public libraries. Assistance may be available from state and federal agencies through their print publications and web sites, as well as in-person workshops and webinars. The Washington State Library is a depository for both Washington State and Federal publications. Visit our Washington State Government Publications and Federal Government Resources web sites for further information or search our catalog for items in these collections. Specific questions should be addressed to your library's legal counsel.

Washington State Laws and Constitution

Some state laws and articles of the State Constitution that should be highlighted are:

• Discrimination - Human Rights Commission (RCW 49.60) - includes a wide range of discrimination concerns including trained dog guides and service animals (RCW 49.60.215). WAC 162-26 provides additional information related to disability discrimination including reasonable accommodation (WAC 162-26-080) and dog guides and service animals;
• Credit Not To Be Loaned - Article VIII, Section 7 of the Washington State Constitution;
• Fair Campaign Practices Act (RCW 42.17A) - Short title for Campaign disclosure and contribution;
• Open Public Meetings Act (RCW 42.30) - see Board Meetings;
• Public Records Act (RCW 42.56) - see chapter on Public Records;
• Religious Freedom - Article I, Section 11 of the Washington State Constitution;
• Smoking in Public Places (RCW 70.160) - formerly known as the Washington Clean Indoor Air Act;
• Minimum Wage (RCW 49.46) - For information about minimum wage, including the current minimum wage, a History of Washington State's Minimum Wage by year, and FAQs, go to Labor and Industrustries Minimum Wage. The Washington Administrative Code (WAC 296-128) provides a number of specifics regarding the minimum wage in Washington;
• Washington Industrial Safety and Health Act (WISHA) (RCW 49.17) -  The Washington State Department of Labor & Industries provides a helpful web page, About OSHA (the federal Occupational Safety and Health Administration), WISHA, and the Division of Occupational Safety and Health.

A number of RCWs and WACs are of particular relevance to libraries and may be viewed by going to the interactive index.

Washington State Legislature

The Washington State Legislature provides a wealth of resources including:

• Information about legislative districts;
• Current information about legislative sessions;
• Legislative agendas, schedules, and calendars;
• Legislative Committees;
• Legislative Information Center;
• Bill information;
• Laws and Agency Rules;
• Washington State Constitution;
• Budgets;
• RCWs and WACs.

Revised Code of Washington (RCW)

As described on the Washington State Legislature web site:

“The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed. It does not include temporary laws such as appropriations acts. The official version of the RCW is published by the Statute Law Committee and the Code Reviser.

The online version of the RCW is updated twice a year, once in the early fall following the legislative session, and again at the end of the year if a ballot measure that changes the law passed at the general election. Copies of the RCW as they existed each year since 2002 are available in the RCW Archive.”

Washington Administrative Code (WAC)

The web site of the Washington State Legislature provides the following description of the WAC:

“Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State. The WAC codifies the regulations and arranges them by subject or agency. The online version of the WAC is updated twice a month. Copies of the WAC as they existed each year since 2004 are available in the WAC archive.”

Laws relating to library service

The Washington Library Association (WLA) provides a wealth of information related to laws affecting libraries. As stated on their Library Related Legislation web page:

"ldquo;The Association actively pursues a legislative agenda that presents the interests of its members through a legislative planning committee and a contract government relationship representative who works with the Washington State Legislature.”

Among the many resources available at this site are:

• Washington State Bills of Interest;
• Fact Sheets and Issue Briefs;
• Legislative Session Reports (both past and present);
• Washington State Legislature Links;
• Federal Library Legislation Links;
• Library Advocacy Resources.

The Washington State Department of Labor & Industries Workplace Rights web site includes information on numerous issues including:

• Minimum Wage;
• Overtime;
• Breaks and Schedules;
• Safety Complaints;
• Teen Workers;
• Leave Time;
• Discrimination in the Workplace.

Federal Laws

The United States Government Printing Office (GPO) is the portal for legal information at a federal level. The Federal Digital System (FDsys) provides links to:

• The Code of Federal Regulations (CFR);
• Congressional Bills;
• Congressional Documents;
• Congressional Hearings;
• The Congressional Record;
• Congressional Reports;
• The United States Constitution;
• The Federal Register;
• Economic Indicators;
• United States Code;
• United States Courts Opinions.

Federal laws that are of particular relevance to libraries include:

• Americans with Disabilities Act of 1990 (ADA) (including changes made by the ADA Amendments Act of 2008 (P.L. 110-325)
  The U.S. Department of Justice ADA Home Page provides numerous links related to the ADA, including the 2010 ADA Standards for Accessible Design and the ADA Best Practices Tool Kit for State and Local Governments “… to assist state and local officials to improve compliance with Title II of the Americans with Disabilities Act (ADA) in their programs, services, activities, and facilities.”

  What process can be used to define reasonable accomodation under ADA?

  According to MRSC:

  Title II of the Americans with Disabilities Act (ADA) requires that state and local governments give individuals with disabilities and their immediate relations an equal opportunity to benefit from all of their programs, services, and activities. Note, however, that public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. (See Title II Highlights and the Title II Technical Assistance Manual).

  The State of Washington also has a law prohibiting discrimination against people with disabilities called the Washington Law Against Discrimination (WLAD) at chapter 49.60 RCW. In Hartleben v. University of Washington, 194 Wn. App. 877 (2016), the court held that allowing a disabled student to attend school free of tuition would fundamentally alter the university's business model, therefore the student did not qualify for accommodation under the WLAD.

  “When an accommodation would fundamentally alter a service, it is not reasonable. Here, the University provides classes in exchange for payment of tuition. Providing classes without collecting tuition fundamentally alters its business model.”

  Id. at 890. Under each of these laws, I think it would be a reasonable position for the library to say that a child running around the library interfering with other patrons who are attempting to utilize the library's services would fundamentally alter the service being offered by the library. Libraries provide a free, quiet place to get work done without interference, and allowing a child to run around unmonitored fundamentally alters that service.

  You did mention that there may be a conference room with Wi-Fi available. If the library is able, it could work with the patron to designate a time for him to come in and utilize a laptop computer for a certain amount of time in the conference room. Also, you could advise the library that if this patron visits again and cites the ADA as requiring accommodation, the library could ask the person to make a reasonable accommodation request in writing, and then the library could develop an appropriate response at that time.

  While MRSC can provide general guidance on this subject, the ADA is not an area of expertise. The U.S. Department of Justice maintains an Info Line (800-514-0301) for ADA Compliance. It may be worth calling to discuss this issue with them. The Washington State Human Rights Commission is responsible for enforcing the WLAD.

• Children's Internet Protection Act (CIPA)
  The Federal Communications Commission has created a page dedicated to CIPA, including links to related guides and additional information. The American Library Association provides links to helpful resources related to CIPA, including FAQs and CIPA legal briefs.
• The U.S. Copyright Office's web site, Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code provides the latest version of U.S. Copyright Law. Stanford University's web page, Copyright & Fair Use, offers late-breaking news, as well as links to primary materials related to copyright. ALA offers a number of resources for libraries, including information about Digital Rights Management, on their Copyright page.
• Equal Opportunity Employment and Affirmative Action (EOEE)
  The U.S. Equal Employment Opportunity Commission web page, Laws Enforced by EEOC provides a list and descriptions of the following:
  • Title VII of the Civil Rights Act of 1964 (Title VII)
    This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.
    
    Note: The U.S. Department of Labor Civil Rights Center provides links to statutes and regulations related to the Civil Rights Act.
    • The Pregnancy Discrimination Act
      This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
  • The Equal Pay Act of 1963 (EPA)
    This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
  • Age Discrimination in Employment Act of 1967 (ADEA)
    The ADEA prohibits employment discrimination against persons 40 years of age or older. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
  • Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
    This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
  • Sections 102 and 103 of the Civil Rights Act of 1991
    Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.
• Fair Labor Standards Act (FLSA) - The United States Department of Labor Wage and Hour Division states, “The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The Wage and Hour Division (WHD) web site includes a number of tools and links to laws and regulations.
• The USA PATRIOT Act - The U.S. Department of Justice provides background information on the Act. The American Library Association has created a web site on Intellectual Freedom which includes information on the USA PATRIOT Act.

The U.S. Equal Employment Opportunity Commission provides a number of helpful resources including:

• Laws and regulations;
• Prohibited practices against job applicants and employees;
• Types of discrimination prohibited;
• No-Cost Outreach and Education Programs for employees, employers, community organizations, and other members of the general public.

City and County Codes and Ordinances

In addition to ensuring that state and federal laws are reflected in library policies and procedures, library boards must also be aware of any city and/or county codes or ordinances relevant to their operations. The Municipal Research and Services Center of Washington (MRSC) includes a number of links on their Legal Resources web page, including:

• City and county codes;
• Court decisions;
• Legal topics;
• Legislative resources;

The MRSC page devoted to Purchasing and Bidding for Washington State Local Governments is worth a look.

Frequently Asked Questions (FAQ's)

Resources

• American Library Association
  • Copyright
  • USA PATRIOT Act and Intellectual Freedom
• Attorney General. AGO Opinions
• Federal Communications Commission. Guide. Children's Internet Protection Act
• Municipal Research and Services Center of Washington
  • Legal Resources
• United States Copyright Office. Copyright Law of the United States
• United States Department of Justice.
  • ADA Home Page
  • Highlights of the USA PATRIOT Act
• United States Department of Labor.
  • Internal Enforcement. Statutes and Regulations
  • Wage and Hour Division (WHD)
• United States Equal Employment Opportunity Commission
• United States Government Printing Office. FDsys
• Washington Coalition for Open Government
• Washington Courts
• Washington Library Association.
  • Library Law
  • Library Related Legislation
  • Washington State Law and the Friends of the Library: What Friends' groups need to know
• Washington State Department of Labor & Industries. Workplace Rights
• Washington State Human Rights Commission
• Washington State Legislature. Laws and Agency Rules

This page focuses on the laws that impact library board meetings. Many general questions can be answered by consulting the in-depth resource, Open Government Resource Manual, which cites the laws and subsequent legal interpretations. Specific questions should be addressed to your library's legal counsel.

From the Open Government Resource Manual, Chapter 3:

"The Open Public Meetings Act ("OPMA"), chapter RCW 42.30, was passed by the legislature in 1971 as part of a nationwide effort to make government affairs more accessible and, in theory, more responsive. It was modeled on a California law known as the "Brown Act" and a similar Florida statute. The OPMA and the Public Records Act (PRA), chapter 42.56 RCW, create important and powerful tools enabling the people to inform themselves about their government, both state and local.

The Open Public Meetings Act, along with the Public Disclosure Act (now referred to as the Public Records Act, RCW 42.56), addressed requirements for state and local governmental units to conduct open public meetings and to provide public access to their records. The Public Disclosure Commission is responsible for providing information about the RCWs as well as ensuring compliance.

The following opening statement from RCW 42.30.010 demonstrates the clear intent of the law and the manner in which courts have interpreted the law:

The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

Definitions

Frequently Asked Questions

Tips for Successful Meetings

Tips for Dealing with the Media

Resources

This chapter addresses laws that relate to public records in libraries. Many general questions can be answered by consulting the in-depth resource, Open Government Resource Manual, which cites the laws and subsequent legal interpretations. Specific questions should be addressed to your library’s legal counsel.

In 1972, the voters in the state of Washington adopted Initiative 276, which requires that most records maintained by state, county, and city governments, and by all special purpose districts, be made available to members of the public.

From the Open Government Resource Manual, Chapter 1:

“The Public Records Act (“PRA” or “Act”) was enacted by initiative to provide the people with broad rights of access to public records. The Act declares that it must be ‘liberally construed’ to promote the public policy of open government.

The Public Disclosure Act (now referred to as the Public Records Act, RCW 42.56), along with the Open Public Meetings Act (“OPMA”), RCW 42.30, addressed requirements for state and local governmental units to conduct open public meetings and to provide public access to their records. The Public Disclosure Commission is responsible for providing information about the RCW’s as well as ensuring compliance.

The following statement from RCW 42.56.030 demonstrates the clear intent of the law and the manner in which courts have interpreted the law:

The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected in the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.

RCW 42.56.550(3) emphasizes this by stating:

Courts shall take into account the policy… that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others…

Because the public records disclosure statutes are sometimes difficult to interpret and are often a source of litigation, the Municipal Research and Services Center (MRSC) has prepared a publication, Public Records Act for Washington Cities, Counties, and Special Purpose Districts, which reviews all of the relevant statutes, exemptions and prohibitions to disclosure, and procedures to be followed when handling a request for disclosure. Another helpful resource is the “Public Records Act” web page from the Washington Coalition for Open Government, which provides links to RCWs, WACs, Attorney General Opinions, and a wealth of other related sources.

Records Retention¶

Definitions (RCW 42.56.010)

“Agency”

“… includes all state agencies and all local agencies. “State agency” includes every state office, department, division, bureau, board, commission, or other state agency. “Local agency” includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.”

Note: AG Opinion AGO 2002 No. 2 addresses the applicability of this definition to associations comprised of counties, county officials, cities, and port districts, stating “While associations comprised of counties or local public officers are not ‘agencies’ as defined in RCW 42.17A.005(2), they could in certain circumstances be found to be ‘functional equivalents’ of agencies for purposes of applying particular portions of the Public Disclosure Act; this would be greatly dependent on the facts of a particular case.” WAC 44-14-01001 provides additional information, including the following four-factor test applied by the courts on a case-by-case basis:

• Whether the entity performs a government function;
• The level of government funding;
• The extent of government involvement or regulation; and
• Whether the entity was created by the government.

“Person in interest”

“…the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.”

Public record”

includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics…”

“Writing”

“… handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.”

FAQs

General

Libraries should bear in mind the Public Records Act when drafting policies and procedures to assure that the intent of the law is followed.

Are library trustees required to take any training on public records?

No. Although they are required to have training on open public meetings, they are not required to be trained on public records. However, a board’s staff member or clerk who posts meeting notices and agendas, and maintains minutes, may benefit from training on the open public meetings requirements under the OPMA (Open Public Meetings Act).

Additional information may be found in the Open Government Training Act Q & A and on the Open Government web page from the Washington State Office of the Attorney General.

What are examples of library records that would be considered public records?

As laid out in RCW 42.56.070(3), policies, reports, budgets, and minutes are examples of the types of records a library must make accessible to the public. In addition, statistical information, based on library records, would be considered a public record if it does not readily identify a person.

Are e-mails or photographs considered public records? What about social media such as blogs, wikis, Facebook, and Twitter?

According to the Open Government Resource Manual, Chapter 1, “The definition of a public record (other than a record of the Legislature) contains three elements:

• “… The record must be a writing…. A writing includes not only conventional letters and memoranda, but also emails, videos, photos and computer data.
• “… The writing must relate to the conduct of government or the performance of any governmental or proprietary function. Virtually every document a government agency has relates in some way to the conduct of government business or functions.
• “… The writing must be either prepared, owned, used or retained by the agency. A writing may include data compiled for the issuance of a report (as well as the report itself), even though the agency had not intended to make the underlying data public.”

See also WAC 44-14-03001.

The Washington State Archives provides helpful information on electronic records management, including identifying electronic public records, on their Records Management web page.

What about e-mails or documents related to agency business created by agency employees using their home computers, iPhones, or smart phones?

As stated in WAC 44-14-03001:

“Sometimes agency employees work on agency business from home computers. These home computer records (including e-mail) were ‘used’ by the agency and relate to the ‘conduct of government’ so they are ‘public records.’ … However, the act does not authorize unbridled searches of agency property. If agency property is not subject to unbridled searches, then neither is the home computer of an agency employee. Yet, because the home computer documents relating to agency business are "public records," they are subject to disclosure (unless exempt). Agencies should instruct employees that all public records, regardless of where they were created, should eventually be stored on agency computers. Agencies should ask employees to keep agency-related documents on home computers in separate folders and to routinely blind carbon copy ("bcc") work e-mails back to the employee's agency e-mail account. If the agency receives a request for records that are solely on employees' home computers, the agency should direct the employee to forward any responsive documents back to the agency, and the agency should process the request as it would if the records were on the agency's computers.”

The Washington State Archives includes a link to information about electronic public records on their Records Management web page.

The Municipal Research and Services Center of Washington (MRSC) has created a helpful PowerPoint, Electronic Communications and Social Media, that is applicable to public agencies.

What are some of the categories of records that must be made available to the public?

According to RCW 42.56.070(3), the categories of records that must be available to the public include:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;

(c) Administrative staff manuals and instructions to staff that affect a member of the public;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant’s reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

Is a public agency required to provide some sort of finding aid for those records?

RCW 42.56.070 requires an agency to provide an index to its records issued, adopted, or promulgated after January 1, 1973, or to publish a formal order explaining why it is unduly burdensome or would interfere with operations.

Does the Public Records Act PRA) apply to court case files?

No, court files and judges’ files are not subject to the act. Access to such files is governed by court rules and common law. (WAC 44-14-01001.) See also Open Government Resource Manual, Chapter 1.3.

Is it permissible for an agency to provide lists of individuals that would be used for commercial purposes?

RCW 42.56.070(9) prohibits agencies from giving, selling, or providing access to lists of individuals that are requested for commercial purposes unless specifically authorized or directed by law. Chapter 1 of the Open Government Resource Manual states, “The limitation on commercial-use requests has three elements:

• List of individuals;
• For a ‘commercial purpose;
• Where the disclosure of the information is not ‘specifically authorized or directed by law.’”

However, RCW 42.56.070(9) provides for the following exception:

“PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor….”

WAC 44-14-06002(6) states that “An agency may require a requestor to sign a declaration that he or she will not put a list of individuals in the record to use for a commercial purpose. This authority is limited to a list of individuals, not a list of companies. A requestor who signs a declaration promising not to use a list of individuals for a commercial purpose, but how then violates this declaration, could arguably be charged with the crime of false swearing. RCW 9A.72.070.”

Are there laws related to the retention of public records?

Chapter 1.4 of the Open Government Resource Manual states that “ [s] tate laws require state and local agencies to retain certain records for varying lengths of time depending on the content of the record…. However, if an agency keeps a record longer than required - that is, if the agency still possesses a record that it could have lawfully destroyed under a retention schedule - the record is still a ‘public record’ subject to disclosure.” WAC 44-14-03005 provides additional information about the retention of records. Retention schedules are available on the Washington State Archives website.

Exemptions from Disclosure

As stated in the Open Government Resource Manual, Chapter 2, the Public Records Act (PRA) “….and other statutes outside the PRA contain hundreds of very specific exemptions from disclosure and dozens of court cases interpret them…. Given the pro-disclosure approach of the PRA, the law requires an exemption from disclosure to be narrowly construed in favor of disclosure. RCW 42.56.030. An exemption from disclosure must specifically exempt a record or part of a record from disclosure. RCW 42.56.070(1). An exemption will not be inferred or presumed. Exemptions are ‘permissive rather than mandatory.’” (See also Attorney General Opinion, AGO 1980 No. 1.) A summary of exemptions may be found in WAC 44-14-06002. The Municipal Research and Services Center (MRSC) has compiled a list of “Exemption and Prohibition Statutes Not Listed in Chapter 42.56 RCW” in Appendix C of their online publication, Public Records Act for Washington Cities, Counties, and Special Purpose Districts.

What are some of the types of records that are exempt from public disclosure?

Employment and Licensing:

RCW 42.56.250 provides for exemptions related to employment and licensing, including:

• Test and exam questions;
• All applications for public employment;
• Public employees and volunteers:
• Home addresses;
• Personal telephone numbers, including cell phones;
• Personal e-mail addresses;
• Social security numbers;
• Emergency contact information held by any public agency in:
• Personnel records;
• Public employment related records
• Volunteer rosters;
• Mailing lists.
• Dependents of public employees and volunteers:
• Names;
• Dates of birth;
• Residential addresses;
• Personal telephone numbers, including cell phones;
• Personal e-mail addresses;
• Social security numbers;
• Emergency contact information held by any public agency in
• Personnel records;
• Public employment related records
• Volunteer rosters
• Mailing lists.
• Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under RCW 49.60 or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

Personal Information:

RCW 42.56.230 provides exemptions for personal information, including:

• Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy. As an example, information in employee files evaluating public job performance would be exempt unless there is misconduct;
• Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law;
• Documents and related materials and scanned images of documents and related materials used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver’s license or identicard.

Deliberative Process:

RCW 42.56.280 provides exemption from public disclosure for: Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended. However, once a record is cited by the agency in connection with any agency action, it is not exempt. The Open Government Resource Manual, Chapter 2 states that “the exemption applies only to documents that are part of the deliberative or policy-making process; records about implementing policy are not covered…. For this reason, inter-agency (as opposed to intra-agency) discussions probably are not covered by this exemption…. Matters that are factual, or that are assumed to be factual for discussion purposes, must be disclosed….”

Litigation:

RCW 42.56.290 provides exemption from public disclosure for records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

Vanpool, Carpool, or Ride-Sharing; Paratransit Programs:

RCW 42.56.330 exempts:

• The names, home addresses, home phone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides;
• Personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

Security and Terrorism:

RCW 42.56.420(4) exempts several types of records relating to the infrastructure and security of computer and telecommunications networks:

• Security passwords;
• Security access codes and programs;
• Access codes for secure software applications;
• Security and service recovery plans;
• Security risk assessments;
• Security test results that identify specific system vulnerabilities.

What about library records?

• Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, that discloses or could be used to disclose the identity of a library user is exempt from disclosure. RCW 42.56.310;
• Except for public records as defined in RCW 40.14.010 (Preservation and Destruction of Public Records), any records or documents obtained by a state college, university, library, or archive through or concerning any gift, grant, conveyance, bequest, or devise, the terms of which restrict or regulate public access to those records or documents are exempt from disclosure. RCW 42.56.320(4).

What about privacy issues?

The Open Government Resource Manual, Chapter 2 states that “there is no general ‘privacy’ exemption. AGO 1988 No. 12 Since ‘privacy’ is not a stand-alone exemption, an agency cannot claim RCW 42.56.050 [invasion of privacy] as an exemption. …A violation of a person’s ‘privacy’ would occur under RCW 42.56.050 when the disclosure of information ‘(1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public.’ This two-part test requires the person seeking to prevent disclosure to prove both elements.”

What about attorney-client privilege?

Records or portions or records covered by the attorney-client privilege are exempt from disclosure. RCW 5.60.060(2). For additional information, see WAC 44-14-06002(3).

What about liability?

A good faith response in releasing a public record absolves the library, its trustees or staff from liability arising from the disclosure. (RCW 42.56.060).

However, the Open Government Resource Manual states that “…the protection from liability does not apply to an agency’s failure to disclose information. A court may award penalties and attorneys’ fees under RCW 42.56.550(4) to a prevailing party even if the agency acts in good faith.”

Requesting Public Records

Does a person requesting a public record need to give a reason for the request?

Any person may make a request to inspect and to copy a public record. The agency may not ask the person why they are making the request. (RCW 42.56.080) Chapter 1 of the Open Government Resource Manual expands upon this, stating, “A person making a public records request is not required by the [Public Records] Act to give a reason for the request, except in the rare instances where the agency needs to know the purpose to determine if the request would violate a statute. … See WAC 44-14-04003(1). Except for commercial uses, release of information may not be limited by the purpose of the request….”

Does the Act specify the way in which requests should be made?

Chapter 1 of the Open Government Resource Manual states, “No particular form of request is required by the Act. …Although an agency may make its own reasonable rules for providing records, its rules must give the ‘fullest assistance to’ requesters and require the ‘most timely action’ in response to requests for records. RCW 42.56.100 The PRA specifically allows persons to make requests by mail, which includes email under current technology.”

Oral requests are permitted, but a written request is advisable for several reasons:

• It confirms the date on which the record is requested;
• It clarifies what is being requested;
• It provides for identification of the requesting party, with address and telephone number;
• Having identifying and contact information will facilitate any requests for clarification by the agency of any ambiguous request and enables the agency to determine if a person has the right to a record that would normally be exempt.

The Open Government Resource Manual notes that some laws outside the PRA require written requests. WAC 44-14-03006 states that a request can be made by mail, e-mail, fax, or orally. It encourages agencies to make their public request forms available on their web sites.

What should a public records request form include?

WAC 44-14-03006 states that the request form should:

• Ask the requestor whether he or she seeks to inspect the records, receive a copy of them, or inspect the records first and then select particular records to copy;
• State that inspection of records is free;
• Provide the per-page charge for standard copies;
• Request contact information for the requestor, such as:
• Name;
• Phone number;
• Mailing address;
• E-mail address.

Agencies should not require a requester to provide a driver’s license number, date of birth, or photo identification. Although not required, the agency may ask a requester to prioritize the records being requested so that the agency is able to provide the most important records first.

How much information to identify the desired record(s) does the requester need to provide to the agency?

The agency is required to respond to a request for “identifiable public records.” (RCW 42.56.080) The requirement that a record be “identifiable” means that the requestor does not need to know the specific name of a record, but can request documents that relate to a topic. WAC 44-14-04002(2) expands upon this by stating:

“…An ‘identifiable record’ is one that agency staff can reasonably locate. The act does not allow a requestor to search through agency files for records which cannot be reasonably identified or described to the agency. However, a requestor is not required to identify the exact record he or she seeks.”

The WAC further states:

• An “identifiable record” is not a request for “information” in general;
• Agencies are not required to conduct legal research for a requestor.

An agency is not required under the Act to respond to questions or to furnish information that is not the subject of an identifiable public record. However, the agency must “provide for the fullest assistance” to requestors, which may help a requestors to clarify the desired document.

Who should be the point of contact for members of the public who wish to make a request for public records?

As stated in RCW 42.56.580, “each state and local agency shall appoint and publicly identify a public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency’s compliance with the public records disclosure requirements. A state or local agency’s public records officer may appoint an employee or official of another agency as its public records officer. Agencies should provide contact information as follows:

• For state agencies: Name and contact information should be published in the state register when the contact is designated. That information is then maintained on the code reviser’s web site for the duration of the designation;
• For local agencies: Name and contact information should be made available in a way that is reasonably calculated to provide notice to the public, including:
• Posting at the local agency’s place of business;
• Posting on its Web site;
• Including it in its publications.

How quickly must agencies respond to requests for public records?

As stated in RCW 42.56.520, agencies must respond to a public records request within five (5) business days of receipt. The response may take the form of:

• Providing the record;
• Providing an internet address and link on the agency’s web site to the specific records requested;
• Acknowledging the request and providing an estimate of the amount of time needed to fulfill the request; or
• Denying the request.

The RCW includes the following Finding (2010 c 69 § 1): “The internet provides for instant access to public records at a significantly reduced cost to the agency and the public. Agencies are encouraged to make commonly requested records available on agency web sites. When an agency has made records available on its web site, members of the public with computer access should be encouraged to preserve taxpayer resources by accessing those records online.”

AG Opinion AGO 1991 No. 6 provides an interpretation of what is meant by “promptly” in responding to requests for public records.

What if a person requesting records cannot access them through the internet?

If the requestor notifies the agency that they are unable to access the records through the internet, the agency must:

• Provide copies of the record; or
• Allow the person making the request to view copies using an agency computer.

(RCW 42.56.520)

Are there specific hours during which agencies must make public records available at their physical locations?

Although RCW 42.56.090 is not specific, stating only that “public records shall be available for inspection and copying during the customary office hours of the agency, … for a minimum of thirty hours per week, except weeks that include state legal holidays, unless the person making the request and the agency … agree on a different time, WAC 44-14-03002 states “If the agency is very small and does not have customary office hours of at least thirty hours per week, the records must be available from 9:00 a.m. to noon, and 1:00 p.m. to 4:00 p.m.”

Are there any provisions for allowing agencies more than five days to respond to a request?

If the response will take longer than five days, it must be based on:

• The need to clarify a request;
• The time required to locate and assemble the information requested;
• The need to notify third persons or agencies affected by the request; or
• The need to determine whether any of the information requested is exempt and if a denial should be made as to all or part of the request.

(RCW 42.56.520)

What recourse does a person making a request have if their request for a public record is denied or if they believe that the time estimated by the agency to fulfill the request is unreasonable?

A requestor who believes that the time estimate made by the library is not reasonable may request the superior court in the county in which the record is maintained to require the library to show that the estimate is reasonable. The burden of proof is upon the agency. 

A person who prevails in a court action seeking the right to inspect or copy a public record, or the right to receive a response to a public record request within a reasonable amount of time, shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. In addition, the court may award an amount of not less than five dollars and not to exceed one hundred dollars for each day that the person was denied the right to inspect or copy the public record.

(RCW 42.56.550)

May fees be charged to make public records available?

No fees may be charged for the inspection of public records.  Nor may a fee be imposed for locating public documents and making them available for copying.

A reasonable fee may be charged for making copies and for the use of equipment to make copies. The fee may not exceed actual costs directly related to the copying. Direct staff time to copy the requested public records may be included in the fee, as well as the cost of paper, toner, cost of the per-page use of equipment, and the cost of shipping or mailing including postage and the envelope or containers.  Administrative or overhead costs may not be included unless they are directly attributable.  

If the agency has not established a per-page cost, it may not charge more than fifteen cents per page for photocopies of public records or for the use of equipment to photocopy public records. An agency may require a desposit that is no more than 10 per cent of the estimated cost of the total number copies.

(RCW 42.56.120)

RCW 42.56.070(7) notes that agencies must make available to the public a statement of the photocopy costs, and the manner in which the actual per-page cost was determined.

AG Opinion AGO 1991 No. 6 provides additional information on the question of fees and public records.

If a portion of a public record contains information covered by an exemption, can an agency deny the request for the record?

As stated in Chapter 1 of the Open Government Resource Manual, “Agencies are not relieved of their duties to respond to requests for public records because a part of the document is covered by an exemption. An agency must delete or redact only the exempt information and disclose the rest of the document.” Information should be removed only if it violates personal privacy or a vital government interest. (RCW 42.56.210(1))

See WAC 44-14-04004(4)(b)(i) for additional information on redaction and public records.

If police or other authorities ask to see library circulation records, what is the procedure?

As noted above, RCW 42.56.310 exempts library circulation records from inspection or copying without due process. The process that police or others may initiate is described in RCW 42.56.550:

• They may file a motion with the superior court in the county in which a record is maintained, requiring the library to show cause why it refused to allow inspection or copying of a specific record or class of records.
• The superior court must hold a hearing with notice to every person of interest and the library. After the hearing, the court may permit inspection or copying if it is found that the exemption is clearly unnecessary to protect the individual’s right of privacy or any vital government function. [Not included in RCW 42.56.550]
• The third party to whom the library record pertains may seek injunctive relief to enjoin disclosure of the record. The action may be filed in the superior court where the person resides or where the record is maintained. The library may notify persons named in a record, or to whom a record pertains, that the record is subject to a pending record request under the Act. [Not included in RCW 42.56.550]

Note: A search warrant is not sufficient because it does not provide for the superior court hearing process with notice to persons of interest and the library.

Has the USA PATRIOT Act overturned all state laws protecting the confidentiality of library records?

The Office for Intellectual Freedom (OIF) of the American Library Association (ALA) includes the following response on their web page, FAQ: USA PATRIOT Act:

“No, the state privacy laws regarding privacy in libraries are still in force, including laws protecting the confidentiality of library records. However, as federal laws, the provisions of the Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), and the statute authorizing National Security Letters can supersede state privacy laws. It is important to remember, however, that state and local law enforcement agencies remain subject to state library confidentiality laws and other laws protecting privacy, and that even the FBI is still required to present a form of judicial process (court order or subpoena) before information can be turned over to the agency. Libraries should consult with their legal counsel to determine precisely under what circumstances their state's library confidentiality law permits the release of user information.”

The ALA Intellectual Freedom: Issues and Resources page contains additional resources relating to the PATRIOT Act and intellectual freedom.

Resources

• American Library Association, Office of Intellectual Freedom. Intellectual Freedom: Issues and Resources
• Attorney General.
  • AGO Opinions
  • Model Rules on Public Disclosure
  • Obtaining Public Records
  • Open Government Resource Manual
  • Your Options if a Request is Denied
  • Recodification conversion chart (RCW 42.17 to RCW 42.56)
• Municipal Research and Services Center of Washington.
  • Public Records Act
  • Public Records Act for Washington Cities, Counties, and Special Purpose Districts
• Washington Coalition for Open Government. Public Records Act
• Washington State Archives. Records Management - Local Government

"It is hereby declared to be the policy of the state, as part of its provision for public education, to promote the establishment and development of public library service throughout its various subdivisions." RCW 27.12.020

The legal authority and the process for establishing libraries are described in the Revised Code of Washington:

"Any governmental unit has power to establish and maintain a library, either by itself or in cooperation with one or more other governmental units." RCW 27.12.025

"A library may be established in any county, city, or town either (1) by its legislative body of its own initiative; or (2) upon the petition of one hundred taxpayers of such a governmental unit, the legislative body shall submit to a vote of the qualified electors thereof, at the next municipal or special election held therein (in the case of a city or town) or the next general election or special election held therein (in the case a of a county), the question whether a library shall be established; and if a majority of the electors voting on the question vote in favor of the establishment of a library, the legislative body shall forthwith establish one." RCW 27.12.030

In addition, RCW 27.12.360 - RCW 27.12.400 provide the process that enables a city or town to annex with a district for library services.

The tax-supported public library is a legal entity guided by a board of trustees whose powers and duties are described Library Trustees - Overview. 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.

General definitions

How do types of public libraries differ?

Speaking very broadly, there are two primary categories of public libraries in Washington - the library district and the municipal library. There are several types of library districts and various types of municipalities. The Map of Public Library Service provides an overview of the various types of libraries found throughout the state of Washington. The following summaries present an overview of library districts and municipal libraries.

Intercounty Rural Library District

RCW 27.12.010(2): "… a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns within two or more counties:  PROVIDED, That any city or town meeting the population requirements of RCW 27.12.360 may be included therein as provided in RCW 27.12.360 through 27.12.390.

Establishment

Established by one of two possible ways:

• Proposal to form new district in unincorporated areas of such counties is approved at a special or general election by majority of voters in each of 2 or more counties wishing to form such a district following:
  • Adoption of identical resolutions to form new district by boards of county commissioners of each county; or
  • Petition of support for establishment of new library district is signed by 10% of registered voters residing in unincorporated areas of each county; or
• County commissioners of 2 or more counties, meeting in joint session attended by a majority of county commissioners of each county adopt a resolution to form such a district by majority vote of those present.

See also RCW 27.12.100.

Annexation/Expansion

• An existing rural county library district may be expanded into an intercounty rural library district; or
• An established intercounty rural library district may be expanded to include additional counties by joint action of all counties included in the proposed expanded district.

See also RCW 27.12.110.

Any city or town with a population of 300,000 or less at the time of annexation may become a part of any intercounty rural library district lying contiguous to it by annexation as follows:

• An ordinance for annexation is submitted to the library board of the city or town for review and recommendations. If no library board exists in the city or town, the state library shall be notified of the proposed ordinance;
• The legislative authority of a city or town desiring annexation adopts the ordinance stating its intent to join the library district;
• If the board of trustees of the library district agrees to the annexation, notification is transmitted to the legislative authority or authorities of the counties of the city or town to be annexed.

See also RCW 27.12.360.

Disposition of Property

Books, funds, and other property shall be divided among the participating counties as equitably as possible, determined by the state librarian, who gives consideration to such items as the original source of property, the amount of funds raised from each county by the district, and the ability of the counties to make further use of such property or equipment for library purposes. Printed material that will not be used by any of the participating counties for further library purposes shall be turned over to the state library.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

Library district may be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

Note: Provisions are made for withdrawal from a library district as well as reannexation after an area has been withdrawn from the boundaries of a library district in RCW 27.12.355.

See also RCW 27.12.320.

Island Library District

RCW 27.12.010(3): "… a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns on a single island only, and not all of the area of the county, in counties composed entirely of islands and having a population of less than twenty-five thousand at the time the island library district was created:  PROVIDED, That any city or town meeting the population requirements of RCW 27.12.360 may be included therein as provided in RCW 27.12.360 through 27.12.390" (i.e., RCW 27.12.370, RCW 27.12.380, and RCW 27.12.390)

Establishment

• Petition, signed by at least 10% of registered voters in the unincorporated area of the island, asking that a proposal to create an island library district be submitted to a vote of the people of the island, is filed with the board of county commissioners;
• The board of county commissioners, after verifying the petition, places proposition on the ballot for the next general or special election;
• If majority approves proposition, the board of county commissioners declares the island library district to be established.

See also RCW 27.12.400.

Annexation/Expansion

Any city or town with a population of 300,000 or less at the time of annexation may become a part of any island library district lying contiguous to it by annexation as follows:

• An ordinance for annexation is submitted to the library board of the city or town for review and recommendations. If no library board exists in the city or town, the state library shall be notified of the proposed ordinance;
• The legislative authority of a city or town desiring annexation adopts the ordinance stating its intent to join the library district;
• If the board of trustees of the library district agrees to the annexation, notification is transmitted to the legislative authority or authorities of the counties of the city or town to be annexed.

See also RCW 27.12.360.

Disposition of Property

Books and other printed materials belonging to the library shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

If an island library district is dissolved due to the establishment of a county library district, pursuant to RCW 27.12.450, all property, assets, and liabilities of the preexisting island library district within the area included in the county rural library district shall pass to and be assumed by the county rural library district:

PROVIDED that in cases where the preexisting island library district has incurred a bonded indebtedness that was outstanding when the country rural library district was formed, the preexisting island library district shall retain its corporate existence as is necessary untill that indebtedness is paid in full.

PROVIDED FURTHER, that a special election may be called for by the board of trustees of the county rural library district, to be held at the next general or special election, to allow voters residing within the area outside of the preexisting island library district the opportunity to assume the obligation of the bonded indebtedness of the preexisting island library district. Such a proposition may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the county rural library district.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

An island library district that serves a single island in a county shall be dissolved if a rural county library district serving all unincorporated areas of the county is established.

An island library district may also be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

Note: Provisions are made for withdrawal from a library district as well as reannexation after an area has been withdrawn from the boundaries of a library district in RCW 27.12.355.

See also RCW 27.12.450; RCW 27.12.320.

Municipal Library

Establishment

• By city government; or
• By petition of 100 taxpayers followed by majority vote at the next municipal or special election.

See also RCW 27.12.030.

Annexation/Expansion

May annex any city or town with a population of 100,000 or less at the time of annexation (RCW 27.12.010(8)) and adjacent unincorporated territory in the county.

See also RCW 27.12.470.

Disposition of Property

Books and other printed or written materials belonging to the library shall go to the library of the county in which the municipality is located. Lacking a county library, such materials will go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

By vote of registered voters within the governmental unit in which the library is located as prescribed in RCW 27.12.030.

See also RCW 27.12.320; RCW 27.12.380.

Regional Library

RCW 27.12.010 (6): "… a free public library maintained by two or more counties or other governmental units as provided in RCW 27.12.080"

Note: Although many library systems in Washington are popularly called "regional libraries," most are in fact either rural library districts or intercounty rural library districts under Washington law.

Establishment

By action of their county commissioners, two or more counties or other units of government join in establishing and maintaining under terms of a contract. (See also Interlocal Cooperation Act, RCW 39.34.)

See also RCW 27.12.080.

Disposition of Property

Books and printed materials belonging to the library shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

Library district may be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

See also RCW 27.12.320.

Rural County Library District

RCW 27.12.010 (7): "… a library serving all the area of a county not included within the area of incorporated cities and towns:  PROVIDED, That any city or town meeting the population requirements of RCW 27.12.360 may be included therein as provided in RCW 27.12.360 through 27.12.390" (i.e., RCW 27.12.370 , RCW 27.12.380, and RCW 27.12.390)

Establishment

• Petition is signed by at least 10% of registered voters in the area who voted in the last general election. The petition may include a proposed initial maximum levy rate;
• After confirming the petition, the county legislative authority places proposition to establish the library on ballot for the next general or special election; The ballot must include the proposed initial maximum levy rate if that had been specified in the petition;
• If majority approves proposition, county legislative authority declares rural county library district to be established

See also RCW 27.12.040.

Annexation/Expansion

Any city or town with a population of 300,000 or less at the time of annexation may become a part of any rural county library district lying contiguous to it by annexation as follows:

• An ordinance for annexation is submitted to the library board of the city or town for review and recommendations. If no library board exists in the city or town, the state library shall be notified of the proposed ordinance;
• The legislative authority of a city or town desiring annexation adopts the ordinance stating its intent to join the library district;
• If the board of trustees of the library district agrees to the annexation, notification is transmitted to the legislative authority or authorities of the counties of the city or town to be annexed.

See also RCW 27.12.360.

Disposition of Property

Books and other printed materials belonging to the library shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.

See also RCW 27.12.320.

Dissolution/Withdrawal/Reannexation

Library district may be dissolved after it has been in operation for 3 or more years provided that:

• A petition by at least 10% of registered voters in service area to dissolve library district is filed with the board of trustees of the district at least 90 days before a general election that includes the proposition on the ballot;
• A proposition is approved by a majority of registered voters living within the service area.

Note: Provisions are made for withdrawal from a library district as well as reannexation after an area has been withdrawn from the boundaries of a library district in RCW 27.12.355.

See also RCW 27.12.320.

Rural Partial-County Library District

RCW 27.12.010 (8): "… a municipal corporation organized to provide library service for a portion of the unincorporated area of a county.  Any city or town located in the same county as a rural partial-county library district may annex to the district if the city or town has a population of one hundred thousand or less at the time of annexation."

Establishment

May be created in a portion of the unincorporated area of a county if a rural county library district, intercounty rural library district, or island library district has not already been created in the county.

• Petition, signed by at least 10% of registered voters residing in area to be included in rural partial-county library district, is filed with the county auditor, who verifies the petition;
• After petitions are certified as having sufficient valid signatures, the county legislative authority holds a public hearing on the proposed district. At such time, the county legislative authority may adjust the boundaries of the proposed district and may submit a ballot proposition to the voters of the proposed district;
• If additional territory is added to the proposed district by action of the county legislative authority, a public hearing is held;
• The rural partial-county library district is created if a simple majority approves the ballot proposition.

See also RCW 27.12.470.

Annexation/Expansion

May annex any city or town with a population of 100,000 or less at the time of annexation (RCW 27.12.010(8)) and adjacent unincorporated territory in the county.

See also RCW 27.12.470.

Dissolution/Withdrawal/Reannexation

By vote of registered voters within the governmental unit in which the library is located as prescribed in RCW 27.12.030.

See also RCW 27.12.320.

Interlocal Cooperation Act

The Interlocal Cooperation Act (RCW 39.34) authorizes public agencies to contract with other public agencies to perform governmental activities and deliver public services.  Under RCW 39.34.030, a public library can contract with another local agency for services as long as both entities have the inherent authority to provide the service.  Critical components to be included in such agreements are defined by RCW 29.34.030(3) and include:

• The purpose(s) of the agreement;
• The duration of the agreement;
• The precise organization, composition, and nature of the resulting entity that may be created by the agreement;
• The powers delegated to such an entity;
• How the joint or cooperative undertaking will be financed;
• How the budget is created and maintained;
• Procedure to terminate agreement, either partially or completely;
• The disposition of property in the event of partial or complete termination.

The Attorney General of Washington has weighed in on code cities that are not located within a library district entering into interlocal agreements. This informal opinion references RCW 27.12.180 and RCW 35A.27.010

You have a library district—now what do you do?

Your proposal to create a new library district has been approved by the voters.  Now the real work begins:

1. Certify the new district to the county and the Washington State Department of Revenue by August 1 if the district boundaries have changed; or  October 1 if it has the same boundaries. See also RCW 84.09.030; WAC 458-12-140.
• How: The county assessor sends a letter certifying the new boundaries, with a copy of the voter-approved ballot resolution to the Department of Revenue, Property Tax Division.
• Why: To be able to collect taxes in the next succeeding year.
2. Library board members appointed.
• How: Varies, depending on type of library. Specifics on the procedure to select library board members may be found in Library Trustees - Overview.
• Why: After the new library district is established, the library board should meet as soon as possible to:
  • Write and adopt bylaws to guide the work of the library board;
  • Elect officers;
  • Set up a regular schedule for board meetings;
  • Read and review duties and responsibilities set out in the Trustee Wiki of the Washington State Library;
  • Plan for library services, including the hiring of a library director;
  • Determine how to fund services for the first year of library operations and develop a preliminary budget.
3. Determine interim funding sources.
   • How: Included as part of the library board's budget planning. New districts may choose to use a combination of the following options:
     • Obtaining a line of credit from a bank;
     • Raising funds from the local community;
     • Delaying significant cost-incurring activities until funds are available;
     • Obtaining funds from a local or regional foundation or other philanthropic organization.
   • Why: To cover the expenses of the library district between the time the district is certified and the time when the first property taxes are received.
4. Select an approach to providing library services.
• How: Depending on the size of the district, the geographic location, and the type of library, several options are available, including:
  • Contracting with an existing local city library;
  • Contracting with another district library;
  • Establishing library service from the ground up.
• Why: To ensure a cost-effective and locally appropriate approach to meet the needs of the district.
5. Determine what the process will be to create the plan for providing library services.
• How: Based on funds available, the governance structure, the needs of the area, and the availability of personnel, alternatives for assistance in developing library services could include:
  • Hiring a new library director to help the board plan and set up the services;
  • Contracting with a local or regional librarian or library director to assist part-time in the initial planning;
  • Hiring an independent library consultant or several consultants, depending on their subject specialties, to assist in the initial planning;
  • Asking a local planner or library board member to assist in the initial planning process.
  Note:  New districts will probably want to use a combination of the above options in their planning process.
• Why: To ensure a cost-effective and locally appropriate approach to meet the needs of the district.
6. Prepare a preliminary budget.
• How: The library board prepares a preliminary budget which should include adequate funds for:
  • Staff salaries and benefits;
  • Contracts for library services;
  • Facilities maintenance;
  • Collections - both print and electronic;
  • Technology - both hardware and software;
  • Telecommunications;
  • Utilities.
• Why: Ensure sufficient funds to provide effective library service.
7. Set a tax levy rate.
• How: The library board must adopt a property tax levy rate and submit it to the county legislative body;
  • Most new districts select to set the initial rate at, or very close to, the maximum amount allowed by law. If the board chooses a lower rate, it should have carefully analyzed the amount of money needed to provide effective library services to its residents.
• Why: The tax levy rate will insure the district has sufficient funds to provide effective library service. If the tax rate is set too low initially, the new district may not be able to meet the needs and expectations of the voters of the new district, nor can it expand to meet the future needs of new residents. Once the rate is set, it cannot be raised without a vote of the people.
8. Adopt an official budget.
• How: Official budget is adopted at a public meeting.
• Why: Funding for library services is approved by the public.
9. Determine timing for receipt of property taxes.
   • How: The board needs to take into account:
     • The date the boundaries are set for the district;
     • When the tax levy is approved;
     • Method in which the county treasurer transfers funds realized from taxes to the taxing districts.
     Note: Some counties transfer property taxes daily rather than pay interest to the districts for the time the revenues are held prior to distribution.
     

Frequently asked questions

Resources

Perhaps not glamorous or exciting, but an understanding of the ways in which libraries are funded and how those funds should be managed are critical to keeping the library’s doors open. This knowledge is essential for board members who are charged with the responsibility of ensuring that their community continues to have library services and programs.

It is the trustee’s responsibility to understand the details of their library’s funding, including where the money comes from and the district or municipal library budget process. Limitations on funding have been established by state law and the Washington State Constitution as well as various initiatives passed by a vote of the electorate.

Trustees must be advocates for adequate library funding within their communities, with city and county governmental authorities, and with state elected officials. Trustees must also consider investigating additional sources of revenue, especially for one-time projects.

Garnering support for the library is critically important. It is a task that requires the personal commitment of each board member to:

• Understand how funds are allocated to the city or town library or levied by the district and how the laws that govern public finance and proposed laws, initiatives, or referenda that will affect the library financial needs and budgetary processes;
• Explore the options for better support of library services in the community, from supporting Friends of the Library to establishing a library foundation;
• Promote the board’s vision and long-range plans for the library and ask citizens for their support in a variety of venues in addition to library board meetings;
• Plan ahead for community needs, such as constructing or remodeling library facilities;
• Regularly ask citizens and library users what the community wants and actively work to achieve their priorities;
• Work proactively with funding authorities to support the library.

Definitions Pertaining to Funding

Sources of Funding

Funding Models for Public Libraries in Washington

Creating a Budget

Spending

Frequently Asked Questions (FAQs)

Resources