Board Authority
Read through this section to learn about laws related to boards.
The Trustee Essentials: Responsibilities course covers additional information on this topic. Please consider taking that course to learn more.
Removal
City and County Libraries
The question of how to remove a library trustee comes up from time to time due to a variety of circumstances.
22-1-309, MCA says that the library board of trustees of every public library shall:
(1) adopt bylaws and rules for its own transaction of business and for the government of the library, not inconsistent with law
The library’s boards bylaws should describe the reasons and procedure for removing a trustee from the library board. For example:
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.
57 Op. Att'y Gen. No. 3 affirmed that local government officials do not have the authority to remove public library board trustees.
A mayor’s power under 7-4-4303, MCA to remove non-elective officers does not include the power to remove public library board trustees because they are not officers necessary to carry out the provisions of Title 7. (57 Op. Att'y Gen. No. 3.)
District Libraries
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.
Board Member Scenarios