Public Library Governance ABLE: “Administering Better Libraries – Educate” Module #1

Fundamental Facts The Library as an essential educational institution; The need for good governance; Understanding that knowledge is power; Law as a tool of positive change and leadership.

Critical Documents Provisional & Permanent Charter Registration By-Laws Policies Minutes Audits Contracts & Other Legal Documents

The Library Corporation Educational Corporations The Board of Regents Commissioner of Education Provisional vs. Permanent Charters Registration of Public Libraries and Minimum Standards CR90.2

Types of Public Libraries Lack of Constitutional Provisions Public vs. Private Who establishes public libraries? The Four Types of Public Libraries: Association Municipal School District Special District

Association Libraries Oldest & Most Prevalent Private not-for profit 501 (c) 3 organizations History & Methods of Organization Typical Service Areas Board Membership Applicable Laws

Association Libraries, continued Budget development Lack of Taxing authority Public voting process Capital Projects

Municipal Libraries Establishment “Public” aspects and applicable laws Relationship with Municipality Budget Development, presentation & independence Capital Projects

School District Libraries Establishment by community “Public” aspects & applicable laws Legal structure & independence from School District Budget votes Trustee Elections

Special District Libraries Establishment and definition of “Special District” Applicable laws Budgets & Elections

Governing Laws Public Library Law in New York State

Education Law – Critical Sections Section 226 – Powers & Duties of Trustees Section 253 – Definition of a Public Library Section 254 – Standards Section 255- Establishment Section Taxation

Education Law, continued Sec. 260 – Powers of Trustees; school district library authority Sec. 272 – Library Systems

Commissioner’s Regulations Authorized to establish regulations to implement law Most “popular”: Minimum Standards – CR 90.2 Annual Reports Direct Access – 90.3 d. (1)

Laws for Public Institutions General Municipal Law Bidding & Procurement Conflicts of Interest Public Libraries Association Libraries

Critical Law, continued Public Officers Law Indemnification Open Meetings Freedom of Information Confidentiality of Library Records Civil Practice Laws and Rules Sec.4509 Civil Service Law

The Board of Trustees Duties and Responsibilities The Trustee as a Public Servant What every Trustee should know Collective Authority

Board Organization and Meetings Elections & Appointments By-Laws Rules for Effective Board Meetings Open Meetings Freedom of Information (FOIL)

Board/Director Relationships Duties & Responsibilities of the Director Collective Authority of the Board Employment Agreements & Contracts Evaluation Process Managing Conflict

Library Policies Policies are the Rules of the Library Policies should be developed thoughtfully and revised regularly Policies provide you and the Library with legal protection

Essential Policies Board Policies By-laws Meeting Protocols Ethics & Conflicts of Interest Operational Policies Library hours & days open Lending rules, etc. Patron behavior

Essential Policies, continued Collection Management Selection Intellectual Freedom Challenges to Library Materials Facilities & Emergencies Crisis Management Inclement weather

Essential Policies, continued Personnel Policies Staff Manuals Union Contracts Employee acknowledgement

Ethics and the Public Library Conflicts of Interest General Municipal Law; Sec. 800 “no officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee…” Inclusion of Family members “Free” services prohibited Application to Association Libraries

The Library Network in New York State The State Education Department Cultural Education Archives Museums Public Broadcasting Libraries

The Library Network, continued The State Library The “State Library” Division of Library Development Public Library Services Public Library Systems History & structure Typical Services Finances

The Library Network, continued School & 3Rs Systems The National Library Network ALA IMLS Library of Congress

Contemporary Issues Public Voting on Budgets and Trustees Public Library Districts Chapter 414 (Ed Law 259.2) Special School District Election Legislative Initiatives New Century Libraries NOVEL

Issues for Discussion The PATRIOT ACT CIPA, Internet Censorship and the Library as a “limited public forum”