Library Board Relationship to Local Government

City or County?

This section of the course explores why it’s important to understand what form of local government your city or county uses. It also attempts to increase your understanding about why it’s important to understand the duties of the different officers and what challenges they might face in their work.

This understanding can help you better navigate the sometimes tense conversations that can occur when discussing the board’s authority, the library’s budget, personnel, or facilities. We’ll finish this section by talking about ways the library can reduce tension.

Why does the form of your local government matter?

This is a reasonable question. It matters because of the following mandates spelled out in Montana laws.

Authority of the Library Board

Library board authority is defined in law - either in Montana Code Annotated 22-1-309 or Montana Code Annotated 22-1-707. 

Review this short video on the powers and duties of library boards for more information.

Please note – the library board may NOT have the authority outlined in MCA 22-1-309 if the municipality has a self-governing charter that makes the library board advisory rather than governing.

If your town or city has a self-governing charter it would be wise to review the language within the charter. It may have defined different authority for the library board. It usually removes the power of the board to hire, supervise, and set salaries, to sign contracts, and to set a budget for the library.

Appointments

Library board appointments are usually handled by either the city or the county. It’s important to know if new board members need to be appointed by the city council, the mayor, or the county commission. It’s also important to follow the process of the local government entity. While the library board and/or director can give input on who to appoint, it is ultimately the decision of the local government.

Special Circumstances

• Elected board members - independent library districts have elected board members. The election is run by the county. If the number of candidates running is equal to or less than the number of openings on the board, the county commission can select someone via acclimation.
• Interlocal agreements impact the approval process for some libraries. If your library is governed by an agreement between a city, county, and/or school board that agreement determines who appoints board members and how.

Financing the Library

Library financing is usually obtained through some form of taxes which are managed by either a city council or a county commission.

• General fund - If the money comes from the general fund, the city council or county commission has authority over the bottom line. In structures where there is a city manager or county administrator, the library director often must follow instructions from their office or the office of a finance director on the budgeting process. The board has the right to challenge and should ask for what the library needs. The city manager, county administrator, or finance officer has a lot of influence over how much general fund money is available.
• Dedicated library mill levy – If the library’s funding comes from a voted levy the county or city usually levies the money and manages it for the library. The board has full authority over how the money is spent. The city or counties’ duties are more to make sure the tax is levied on community members and spent on the library. They also have a duty to make sure they are following sound government accounting principles in accounting for the use of the funds. This can impact the library.
• Local Government Budget Act, which is found in the Montana Code Annotated, dictates how budgets will be created, amended, and noticed. It drives a lot of the principles and work that clerks and treasurers must follow. It also impacts libraries because the clerk and/or treasurer needs the library to follow certain accounting practices.

We will cover more about budgeting and finance in another course. Your responsibility as a public library trustee relies on your understanding of the form of government and knowing the local officials. Tension and frustrations in this area can be reduced with this basic knowledge.

Personnel

Personnel is a complicated issue when the library has been created by a resolution of the city or county or if it has an interlocal agreement tied to it. To receive benefits and to take advantage of the city or counties’ knowledge about accounting/payroll/human resources library employees are usually employees of the city or county. 

The law gives the board the authority to hire, supervise, set duties and wages of library employees. To avoid the appearance of being unfair or treating employees consistently, library employees generally need to follow city and county personnel policies. 

The Board may need to advocate for library employees to ensure they are paid fairly and treated well. This comes in the form of negotiating with the local government authority on salary structure and personnel policies.

Facilities

Facilities are owned by the board in the NAME of the city or county. This creates complications with property insurance, who maintains the building, and who pays for repairs and work on the building. 

An Attorney General Opinion has emphasized the authority a library board has over library property. While it may be owned in the name of the local government entity, it is the library board that decides what happens with the property.

Because of this authority and lack of funding, cities or counties will often require the library board to pay for maintenance and repair of the building. They may also require the board to pay the property insurance on the building.

Things will vary. Your city or county may offer to take care of things like snow removal and cleaning of the library. They may pay for those services out of the general fund, or they may charge you for the services. It’s important to learn how facility management is handled at your library. 

You need to know how repairs are paid for and how they are managed. Is it entirely the responsibility of the library board and director? Or does the city or county play a role?

What You Can Do

You may be sensing a theme: knowing your form of government and who the local officials are is fundamental to supporting your vision for a great library.

The various laws and any special circumstances can make it difficult to navigate the relationships, but it is worth the time and effort to have a clear understanding of how they connect to the authority of the library board.

Your next activity is Knowledge Check 3.