Public Library Governance ABLE Administering Better Libraries Educate
Public Library Governance ABLE: “Administering Better Libraries – Educate” Module #1
Fundamental Facts n n The Library as an essential educational institution; The need for good governance; Understanding that knowledge is power; Law as a tool of positive change and leadership.
Critical Documents n n n n Provisional & Permanent Charter Registration By-Laws Policies Minutes Audits Contracts & Other Legal Documents
The Library Corporation n n Educational Corporations The Board of Regents Commissioner of Education Provisional vs. Permanent Charters Registration of Public Libraries and Minimum Standards CR 90. 2
Types of Public Libraries n n Lack of Constitutional Provisions Public vs. Private Who establishes public libraries? The Four Types of Public Libraries: n n Association Municipal School District Special District
Association Libraries n n n Oldest & Most Prevalent Private not-for profit 501 (c) 3 organizations History & Methods of Organization n Typical Service Areas Board Membership Applicable Laws
Association Libraries, n n Budget development Lack of Taxing authority Public voting process Capital Projects continued
Municipal Libraries n n n Establishment “Public” aspects and applicable laws Relationship with Municipality Budget Development, presentation & independence Capital Projects
School District Libraries n n n Establishment by community “Public” aspects & applicable laws Legal structure & independence from School District Budget votes Trustee Elections
Special District Libraries n n n Establishment and definition of “Special District” Applicable laws Budgets & Elections
Governing Laws n Public Library Law in New York State n http: //www. nysl. nysed. gov/libdev/publaw/
Education Law – Critical Sections n n n Section 226 – Powers & Duties of Trustees Section 253 – Definition of a Public Library Section 254 – Standards Section 255 - Establishment Section 259 - Taxation
Education Law, n n continued Sec. 260 – Powers of Trustees; school district library authority Sec. 272 – Library Systems
Commissioner’s Regulations n n Authorized to establish regulations to implement law Most “popular”: n n n Minimum Standards – CR 90. 2 Annual Reports Direct Access – 90. 3 d. (1)
Laws for Public Institutions n General Municipal Law n n Bidding & Procurement Conflicts of Interest n n Public Libraries Association Libraries
Critical Law, n Public Officers Law n n Indemnification Open Meetings Freedom of Information Confidentiality of Library Records n n continued Civil Practice Laws and Rules Sec. 4509 Civil Service Law
The Board of Trustees n Duties and Responsibilities n n n The Trustee as a Public Servant What every Trustee should know Collective Authority
Board Organization and Meetings n n n Elections & Appointments By-Laws Rules for Effective Board Meetings Open Meetings Freedom of Information (FOIL)
Board/Director Relationships n n n Duties & Responsibilities of the Director Collective Authority of the Board Employment Agreements & Contracts Evaluation Process Managing Conflict
Library Policies n n n Policies are the Rules of the Library Policies should be developed thoughtfully and revised regularly Policies provide you and the Library with legal protection
Essential Policies n Board Policies n n By-laws Meeting Protocols Ethics & Conflicts of Interest Operational Policies n n n Library hours & days open Lending rules, etc. Patron behavior
Essential Policies, n Collection Management n n continued Selection Intellectual Freedom Challenges to Library Materials Facilities & Emergencies n n Crisis Management Inclement weather
Essential Policies, n continued Personnel Policies n n n Staff Manuals Union Contracts Employee acknowledgement
Ethics and the Public Library n Conflicts of Interest n General Municipal Law; Sec. 800 n n “no officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee…” Inclusion of Family members “Free” services prohibited Application to Association Libraries
The Library Network in New York State n n The State Education Department Cultural Education n n Archives Museums Public Broadcasting Libraries
The Library Network, n The State Library n n The “State Library” Division of Library Development n n continued Public Library Services Public Library Systems n n n History & structure Typical Services Finances
The Library Network, n n continued School & 3 Rs Systems The National Library Network n n n ALA IMLS Library of Congress
Contemporary Issues n Public Voting on Budgets and Trustees n n Public Library Districts Chapter 414 (Ed Law 259. 2) Special School District Election Legislative Initiatives n n New Century Libraries NOVEL
Issues for Discussion n n The PATRIOT ACT CIPA, Internet Censorship and the Library as a “limited public forum”
- Slides: 29