Different Library Types and Board Authority

A key difference between free county libraries and library districts is that after the initial appointment of trustees by the commissioners, library district trustees are elected officers.  By contrast, city and county library board trustees are appointed.

County library trustees have direct responsibility for administering county libraries in a manner largely independent of city or county control. Even though library employees may be considered city or county employees for certain purposes, the library trustees’ express authority to fix such employees’ compensation prohibits commissioners from establishing a different wage level. (41 Op. Att’y Gen. No. 91)

However, there is no obligation on the part of local government to increase revenue to cover salary increases, and so the board will need to consider the library’s overall budget when considering increases.     

While the application of 7-4-2110, MCA to library board trustees is not as clear because they are not “officers of a district or subdivision,” Attorney General (AG) opinions have held that the board of county commissioners continues to exercise overall budget authority over county libraries, and thus over employee pay.  However, various AG Opinions and the Butte-Silver Bow Supreme Court Case also give library board trustees authority over the level and detail of assignment of employee duties and pay.      

The plain language of 22-1-310, MCA grants a public library board of trustees, not the county, the authority to determine the salaries and compensation of library employees. (Board of Trustees, Butte-Silver Bow Public Library v. Butte-Silver Bow (DA 09-0024))    

A county with a formalized pay plan that establishes the compensation and benefits for county library staff may require the trustees to appoint and set compensation under 22-1-310, MCA according to the pay plan.  Similarly, the adopted personnel policies and procedures adopted by the county governing body can ultimately be enforced by the Board of County Commissioners.  It is within the authority of the library board to challenge county compensation plans if the board believes that the compensation system unfairly classifies library employees at a lower classification than the nature of their duties warrants.

District library boards are usually autonomous and as such are able to set the salary and wages for library staff with little oversight from the county commission. District library boards may wish to consider adopting a pay scale and classification system that is like what counties or cities might have.