Library Board Authority Overview

Rules and Exceptions

Most public library boards have the authority outlined in MCA 22-1-309 thru MCA 22-1-311. 

Library district boards have the authority outlined in MCA 22-1-707. 

Of course, there are nuances and exceptions.

Charter

If the library is part of a local government entity – city or county – that is covered by a self-governing charter, the charter determines the authority of the board. 

To learn more about how the different types of government influence the work of the library board, please see our other course “Trustee Essentials: Understanding Local Government and Its Relationship to the Library.”

Interlocal Agreement

Libraries that are created by an interlocal agreement between the city and county or school district usually give boards the powers outlined in MCA 22-1-309 thru 22-1-311. 

If the library has an interlocal agreement, it’s best to review that agreement to see if anything is different for the board.

In General . . .

In general, library boards have a fair amount of authority when it comes to the library. Current law gives boards the authority to:

• Adopt the bylaws governing the board and use of the library
• Adopt policies governing use of the library
• Decide where library branches will be located
• Enter contracts to provide library services
• Have exclusive control over the expenditures of public libraries
• Pay necessary staff expenses
• Prepare an annual budget
• Make a report to the governing body
• Accept gifts, grants, and donations
• Hire, set the salary and duties of library staff, and terminate staff

Boards covered under Part 3 of Title 22, Chapter 1 of the Montana Code Annotated have the power to own property in the NAME of the city or county.

Library District Boards

District boards have a few extra powers set out in MCA 22-1-7. 

They can own property in their own name. 

Within the limits of MCA 15-10-420 Procedure for calculating levy and the vote of the people within a district, they can establish a property tax mill levy as provided in the section of the code covering library district budgets. 

They can also establish their own library depreciation fund. They do not require the assistance of local governments to create a library depreciation fund.

Reviewing Key Ideas