Board Authority

22-1-308. Public library -- board of trustees. (1) Upon the establishment of a public library under the provisions of this part, the mayor, with the advice and consent of the city council or city commissioners, shall appoint a board of trustees for the city library and the presiding officer of the board of county commissioners, with the advice and consent of the board, shall appoint a board of trustees for the county library. 

(2) The library board must consist of five trustees. Not more than one member of the governing body may be, at any one time, a member of the board. 

(3) Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds. 

(4) Trustees shall hold their office for 5 years from the date of appointment and until their successors are appointed. Initially, appointments must be made for 1-, 2-, 3-, 4-, and 5-year terms. Annually thereafter, there must be appointed before July 1 of each year, in the same manner as the original appointments for a 5-year term, a trustee to take the place of the retiring trustee. Trustees may not serve more than two full terms in succession. 

(5) Following the appointments, in July of each year, the trustees shall meet and elect a presiding officer and other officers that they consider necessary, for 1-year terms. Vacancies in the board of trustees must be filled for the unexpired term in the same manner as original appointments. 

22-1-706. Election of board of trustees -- compensation -- removal -- single-member trustee districts. (1) After appointment of the initial members of the board of trustees, all members must be elected by the electors of the public library district. 

(2) The election of members to the board of trustees must be held in accordance with Title 13, chapter 1, part 5. 

(3) (a) A candidate for the office of trustee of the public library district must be a resident of the district and must file a declaration of candidacy with the office of the election administrator within the time period specified in 13-1-502. 

(b) If the district lies in more than one county, the declaration of candidacy must be presented to the election administrator who will be conducting the election pursuant to 13-1-505. 

(4) If the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304. If an election is not held, the county governing body shall declare elected by acclamation each candidate who filed a declaration of candidacy for a position. If a nomination petition is not filed for an office, the county governing body of the county conducting the election shall appoint a member to fill the term. A person appointed pursuant to this subsection has the same term and obligations as a person elected to fill the office. 

(5) The term of office of an elected board member begins on the date that the board member is elected. The term of office of an elected member is 4 years, except that a simple majority of the members of the first elected board shall serve a term of 2 years, with the minority of the board serving terms of 4 years. The members serving 2-year terms must be selected by lot. 

(6) A vacancy in the office of a member must be filled by appointment by the remaining members of the board. The term of the appointed member expires upon the election of a successor or upon the election of a member to fill the unexpired term of the vacant office. The election must be held in accordance with Title 13, chapter 1, part 5. 

(7) Members of the board of trustees serve without compensation. 

(8) A trustee may be removed from office by a court of competent jurisdiction pursuant to state law governing the removal of elected officials. If charges are brought against a trustee and if good cause is shown, the governing body of the county that conducted the election pursuant to 13-1-505 may suspend the trustee until the charges can be heard in a court of competent jurisdiction. 

(9) (a) If the trustees determine that it is in the best interest of the electors of the public library district, they shall: 

(i) propose the creation of a single-member trustee district plan with districts that are as compact in area and as equal in population as possible; 

(ii) schedule and hold a public hearing on the plan; and 

(iii) publish a notice of the public hearing as provided in 7-1-2121. 

(b) After the public hearing is held, the trustees may amend, revise, approve, or disapprove the proposed plan. If the plan is adopted, the trustees shall publish notice of its adoption as provided in 7-1-2121. 

(c) All successors to the board of trustees must be elected in accordance with the adopted single-member trustee district plan, and the election of each member must be submitted to the electors of the trustee district in which the candidate resides.

22-1-706(4), MCA: If the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304, MCA.* If an election is not held, the county governing body shall declare elected by acclamation each candidate who filed a declaration of candidacy for a position. If a nomination petition is not filed for an office, the county governing body of the county conducting the election shall appoint a member to fill the term. A person appointed pursuant to this subsection has the same term and obligations as a person elected to fill the office. 

*13-1-304, MCA. Duties of officials when election not held. If a scheduled election is not necessary or is canceled for any reason specified in law, the governing body or official making the determination shall immediately notify the election administrator in writing. If the election is not necessary because of the number of candidates filed, the election administrator shall make the determination and notify the proper governing body. 

(1) adopt bylaws and rules for its own transaction of business and for the government of the library, not inconsistent with law 

Section 3 – Resignation and Removal of Trustees. 

If a member becomes disabled or incapacitated, the Library Director shall be notified. Upon receipt of such notification, the position shall be declared vacant. When any trustee fails to attend two consecutive meetings of the board without a legitimate reason and prior notification, the board shall declare the position vacant. Conviction of a felony, or of any offense involving moral turpitude, or a violation of official duties may result in a trustee’s removal from the board by unanimous vote of the other trustees. It shall be the duty of the Library Director to notify the clerk & recorder of the vacancy. The position will be advertised per standard (city or county) procedure. 

8) A trustee may be removed from office by a court of competent jurisdiction pursuant to state law governing the removal of elected officials. If charges are brought against a trustee and if good cause is shown, the governing body of the county that conducted the election pursuant to 13-1-505, MCA may suspend the trustee until the charges can be heard in a court of competent jurisdiction.