Personnel Details
Read through this section to learn about laws related to personnel.
The Trustee Essentials: Responsibilities course covers additional information on this topic. Please consider taking that course to learn more.
Who Employs Library Staff?
Library staff are employees of local government, per 39-31-103, MCA:
“Public employee” means... a person employed by a public employer in any capacity
and
"Public employer" means the state of Montana or any political subdivision thereof, including but not limited to any town, city, county, district, school board, board of regents, public and quasi-public corporation, housing authority or other authority established by law, and any representative or agent designated by the public employer to act in its interest in dealing with public employees.
However, the library board of trustees has considerable autonomy and authority to set compensation within the confines of the library budget.
The Montana Supreme Court's opinion holds that the details of that budget such as fixing salaries and compensation and prescribing duties of employees, is the sole discretion of the library board, pursuant to 22-1-310, MCA. (54 Op. Att'y Gen. No. 7)
A board of county commissioners does not have the authority to modify the library trustees’ decisions regarding library staff compensation even if the library is funded by a general fund levy. (48 Op. Att'y Gen. No. 3)
For a complete reading of the Supreme Court Decision and Attorney General Opinions, refer to the Montana Library Laws: Attorney General Opinions and Supreme Court Decisions document.