Trustee Essentials An Orientation for Library Trustees The

Trustee Essentials An Orientation for Library Trustees

The Library Network in New York State Board of Regents Commissioner of Education Deputy Commission of Education Division of Library Development (DLD) 9 Reference and Research Resource Councils -Academic Libraries -Hospital Libraries -Special Libraries 23 Public Library Systems -Public Libraries -Outreach Services -Correctional Facilities 42 School Library Systems -BOCES -School Library Media Centers

North Country Library System Mission: To provide services to members that either they cannot make available individually, or that make sense to provide in a cooperative, shared manner First Library System in NY State (formed in 1948 by member libraries) Consists of 4 counties (6200 square miles) 65 member libraries Member libraries elect the NCLS Board sets system budget and policies Local control: NCLS is not a state agency

Role of the North Country Library System Delivery • Weekly deliveries to all libraries • Over 1600 miles traveled each week Technology • • Consulting Outreach • • Provides service to the elderly, disabled, hearing or visually impaired Materials are mailed directly to the patron free of charge Shared Circulation System Network and Wireless Web Site hosting + design Databases • • • Youth Services Professional development Funding issues Relationships with municipalities Reporting Construction grants

Legal Structure Charter & Bylaws • Charter: Gives the library a legal corporate existence • All Libraries are chartered by the Board of Regents • Bylaws: The rules for conducting Board meetings • Bylaws + Charter: Be sure they are in agreement • Number of trustees • How trustees are elected / appointed • Some common issues (dismissing trustees, missed meetings, residency of trustees) are already covered in NYS Education Law or NYS Public Officers Law and must be followed. NCLS has your full charter file and can send you a copy

Legal Structure cont’d. Types of Public Libraries Association Library • Elected or Appointed Trustees • Funding varies 303 / 40% Municipal Library • Appointed Trustees • Principal funding by municipality 201 / 26. 5% School District Public Library • Elected Trustees • Funding by public vote 201 / 26. 5% Special Legislative District Library • Elected Trustees • Funding by public vote 51 / 7%

Library Laws and Regulations As New York State Education Corporations libraries are subject to a wide range of federal, state and local laws, rules and regulations. Trustees should be familiar enough with major legal issues to be assured their library is always in compliance. Education Law (All libraries subject to) • § 226 - Powers of trustees of institutions (number of trustees, quorum, vacancies, removals, control of employees, property) • § 259 - Library taxes and funding (control of tax revenue, authority for school ballot municipal ballot vote, money separate from municipality funds) • § 260 - Powers of trustees, school district public library authority, appointment, election, residency Refer to Trustee Handbook for a list of other Ed Laws that pertain to libraries

Library Laws and Regulations cont’d. Other Laws to be aware of ALL libraries are subject to: • Labor Law • Public Officers Law • Not-for-Profit Corporation Law (including select portions of the Non -Profit Revitalization Act • Other numerous state laws governing the conduct of public and private corporations Municipal, district (school and special legislative) libraries subject to: • Civil Service Law • General Municipal Law • NY State Comptroller’s Policies and Procedures

Library Laws and Regulations cont’d. Commissioner's Regulations • • § 11. 4 - Annual reports § 90. 2 - Minimum standards § 90. 8 - Personnel § 90. 12 - State aid for library construction Refer to Trustee Handbook for a list of Commissioner’s Regulations

Library Laws and Regulations cont’d. Minimum Standards 1. Written Bylaws 2. Long Range Plan of Service 3. Annual Report to the Community 4. Board Approved Policies 5. Present Budget Annually to Funding Agencies 6. Evaluate Services 7. Minimum Hours Open 8. Maintain Adequate Facility 9. Provide Equipment and Connections to Meet Community Needs 10. Distribute Printed Information 11. Employ a Paid Director in Accordance to C. R. 90. 8 Helpful information for meeting minimum standards: http: //www. nysl. nysed. gov/libdev/helpful. htm

Library Board Organization Bylaws • Required by Commissioner’s Regulation § 90. 2 • “The set of rules adopted by an organization defining its structure and governing its functions” (taken from The Standard Handbook of Parliamentary Procedure) • Must not conflict with federal or state law and regulations • Should be tailored to local needs and situations • Must conform with charter • Should be reviewed periodically and amended when necessary to maintain flexibility and relevance

Library Board Organization cont’d. Bylaws • Should include: • • • • Name of Organization, purpose, objectives and area served Board terms and composition Procedure for election, appointment, and removal of trustees Procedure for filling and unexpired term Duties and powers of board officers Schedule of meetings Procedure for special meetings Attendance requirements Quorum requirements Summary of the director’s duties Standing and special committees Order of business for board meetings Parliamentary authority (such as Robert’s Rules of Order) Procedure for amendment of bylaws

Library Board Organization cont’d. Oath of Office • All trustees of municipal and district (not association) libraries must take and file an oath of office with the county clerk at the beginning of every term • Oath may be given by any officer of the court (judge, attorney, notary public) or the library’s board president if he/she has taken an oath of office • Failing to file the oath within 30 days of commencing the term of office will vacate the position • Oath is located on NCLS website (www. nclsweb. org) • Trustees Menu Sample Polices under ‘Trustee Essentials’ section

Library Board Organization cont’d. Collective authority • Board has authority to manage the affairs of the library as a collective authority • Individual trustees, regardless of their position on the board, do not have the power to command services of a library staff member, nor to speak or act on the behalf of the library, unless they have been granted that authority by a vote of the board Duties of officers • • • President: presides over meetings, authorize the call for special meetings, appoints committee members and serves as primary liaison between the board and the director Vice President: assumes duties of the president in their absence Treasurer: • • • District libraries must appoint (hire) and independent treasurer who is not a member of the board Municipal libraries can be appoint a board member or hire an independent treasurer (in some cases Municipal Treasures serves in this capacity) Association libraries can appoint a board member or hire an independent treasurer

Board Meetings Open Meetings Law • Required for ALL libraries (Education Law § 260 -a) • Public Notice (Section 104): • “One week prior thereto shall be given to the news media and shall be conspicuously posted in one or more designated public locations at least 72 hours before such meeting” • Working sessions and committee meetings must be advertised if a quorum of the board is expected to attend • Posted on library’s website • Education session in which the board does not conduct business are exempt from OML • Open and accessible to the public

Board Meetings cont’d. Open Meetings Law • Executive Session (Section 105): • Must be convened during an open meeting (can’t be held as a separate meeting) • Specific and limited purposes for executive session: • • • Discussions regarding proposed, pending or current litigation The medical, financial, credit or employment history of a particular person or corporation, or matters leading to appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation Sale, acquisition or lease of real property • Director should be invited, unless the board is discussing a personnel matter related to that person • Board can take formal action and vote on any matter is executive session except the appropriation of public monies Committee on Open Government: http: //www. dos. ny. gov/coog/openmeetlaw. html

Board Meetings cont’d. Important elements • Quorum • “Majority of a whole number (regardless of vacancies) shall be a quorum” (Education Law § 226. 1) • Videoconferencing is permitted (not teleconferencing) but sites must be open to the public and cited in the public notice • No action can be approved without a “majority of the whole” • Meaning: If a board is chartered to consist of seven members, an affirmative vote of four is always required for a motion to pass. , regardless of the number of trustees in attendance. • Agenda (The roadmap for the meeting) • Director creates, president reviews and gets sent to board ahead of time • Vote to approve the agenda • Should be closely followed • List the action for each item • If you are voting on a and item, say so. If you’re discussing a topic, say so.

Board Meetings cont’d. Important elements • Minutes • Should be detailed enough that anyone can know what decisions were made • Record decisions + issues discussed (not dialog – this is not a transcript) • Accurate – Brief – Clear • Should correspond to the Agenda • An historical document – Keep forever! • Must be available for public inspection within two weeks of the meeting, even if not yet approved (NYS Open Meetings Law § 106. #3)

Board Meetings cont’d. Important elements • Staff reports • Director’s report • • Other staff as needed • • Monthly user statistics, library news etc. Special projects, programs, etc. Personnel actions • ALL personnel actions must be approved by the board at a legal meeting (Education Law § 226. 7) • • This does not suggest that the board selects staff other than the director Board creates all positions, established salaries and formally appoints the staff upon the recommendation of the director.

Trustee Duties “Trustee/board members owe allegiance to the institution and must act in good faith with the best interest of the institution in mind. The conduct of a trustee/board member, must, at all times, further the institution’s goals. ” - Board of Regents Duty of Care • Must act in good faith • Exercise the degree of diligence, care and skill Duty of Loyalty • Further the institution’s goals and not personal or business interests • Avoid appearance of impropriety Duty of Obedience • Ensure institution’s resources are dedicated to the fulfillment of its mission. • Ensure resources are being used efficiently and effectively

Trustee Responsibilities “There are obligations that only the library board of trustees can perform. These include making policies for the library and hiring and evaluating the library director. In addition, the library board is, in the final analysis, responsible for the financial integrity of the library as well as its overall financial health. ” These responsibilities cannot be delegated. Four main responsibilities (HASA) 1. Hire a qualified director 2. Adopt policies 3. Secure adequate funding 4. Advocate for the library

Trustee Responsibilities cont’d. 1. Hire a qualified director • Minimum Standard #11 • Support competitive salaries • • Attract and retain qualified staff Appropriate compensation is a direct measure of the commitment and respect a community has for the library and its staff • Evaluate annually • • Documented and review with director any performance issues See sample policies/reviews under the Trustees menu at nclsweb. org • Understand the role of the director

LIBRARY BOARD DIRECTOR 1. Employ a competent and qualified director. 1. Hire personnel and supervise their work. 2. Adopt a mission statement. Determine goals. (Long Range Plan) Evaluate progress toward meeting them. 2. Inform the Board about regional/state/national library issues and trends. 3. Adopt policies. Review periodically. 3. Suggest needed policies for Board consideration. Carry out the policies as adopted by the Board. 4. Secure adequate funding support. 4. Prepare reports with library's current progress and future needs. Suggest plans for extending library's services. 5. Establish and participate in public relations and marketing programs. 5. Maintain active public relations program. 6. Work with the Director to prepare the budget. 6. Prepare an annual budget in consultation with the Board. Give a report of expenditures at each meeting. 7. Present the budget to funding agencies and the public; explain and defend it. 7. Closely follow the budget process. Provide leadership in supporting the budget. 8. Monitor budget expenditures. 8. Oversee expenditures from budget including selection and ordering of all library materials and equipment. 9. Know local and state laws. Actively support library legislation in the state. 10. Attend continuing education workshops to keep up-to-date with trends and changes in the library field.

Trustee Responsibilities cont’d. 2. Adopt policies • Minimum Standard #4 • Critical MUST HAVE Policies: • • • Internet/Computer Use (Ed. Law 260. 12) Bylaws + Long Range Plan (Min Standards 1+2) Circulation (Lending) / Collection Development Challenges to Library Materials Meeting Room Use Personnel (Including Staff Evaluation) Friends Group / Volunteers Conflict of Interest See sample polices under the trustees menu at www. nclsweb. org • Keep all policies in binder and have available at the circulation desk • Post policies on website • Review policies periodically

Trustee Responsibilities cont’d. 3. Secure adequate funding • Minimum Standard #5 • Participate in county funding process • Advocate for state support for libraries • Exercise fiduciary responsibility for the use of public and private funds • Understand other financial issues that affect your library • Financial reporting (annual report, audits, Tax Cap) • 501 c 3 status • Fines and debt collection • Know available funding options

Trustee Responsibilities cont’d. Contact NCLS for more information about these additional funding options: Municipal Budget • • • Line item in Village, Town, City budget Funding is at the discretion of the municipality Not permanent Referendum Item • • • School ballot vote Municipal ballot vote Permanent funding supported by taxpayers District Library 48 of 65 NCLS libraries (72%) have a public vote as their largest source of local support! • • School district library Special legislative district library Permanent funding supported by taxpayers Re-charter and establish new service boundaries

Trustee Responsibilities cont’d. 4. Advocate for the library • Minimum Standard #3, 10 (report to the community) • People should identify you with the library • Know the services provided by the library • Have an “elevator speech” ready • Be prepared to promote - and defend - the library • As a library trustee, the library should be your #1 service priority