1. TRUSTEES NOT DIRECTORS:
Differences between Title 32 Special Districts and Library Districts

2. Perhaps no place in any community is so totally democratic as the town library. The only entrance requirement is interest.  - Lady Bird Johnson

3. Don't join the book burners
Don't join the book burners. Don't think you are going to conceal faults by concealing evidence that they ever existed. Don't be afraid to go into your library and read every book. - Dwight D. Eisenhower

4. Title 32 Special Districts:
Fire Protection
Health Service
Health Assurance
Mental Health Care Service
Metropolitan (multi-services required)
Park and Recreation
Sanitation, Water and Sanitation or Water
Ambulance
Tunnel
Tourism

5. Different Types of Public Library Entities C. R. S

6. Libraries: State; School; Municipal; County; District;
Regional Library Authority;
Library Capital Facilities Districts

7. LIBRARIES vs. SPECIAL DISTRICTS
ESTABLISHMENT:
LIBRARIES vs. SPECIAL DISTRICTS
SPECIAL DISTRICT CREATION PROCESS IS LARGELY A DISTRICT COURT-BASED PROCESS.
PETITIONS TO CREATE FILED IN DISTRICT COURT. SERVICE PLANS APPROVED BY LOCAL GOVERNMENTS WHERE SPECIAL DISTRICT LOCATED.
THEN COURT APPROVES CREATION, ELECTION TO CREATE, FIRST ELECTION FOR DIRECTORS, AND TABOR ELECTION.
CHANGES TO SERVICE PLAN, BOUNDARIES OF DISTRICT, ALL REQUIRE SOME COURT INVOLVEMENT.

8. FOR LIBRARIRES, CRS – MUCH DIFFERENT FROM PROCESS FOR CREATING TITLE 32 SPECIAL DISTRICTS. NO COURT PROCESS FOR LIBRARIES.
MUNICIPAL OR COUNTY LIBRARY CAN BE ESTABLISHED BY THE GOVERNMENTAL UNIT ON ITS OWN INITIATIVE OR UPON A PETITION OF 100 REGISTERED ELECTORS RESIDING IN THE PROPOSED LIBRARY’S LEGAL SERVICE AREA.
IF THE GOVERNMENTAL UNIT ESTABLISHES THE LIBRARY, A PUBLIC HEARING IS REQUIRED AFTER PUBLIC NOTICE, AND ADOPTION OF A RESOLUTION OR ORDINANCE IS REQUIRED.
IF A JOINT LIBRARY OR LIBRARY DISTRICT IS CREATED, A WRITTEN AGREEMENT IS REQUIRED BETWEEN THE CREATING ENTITIES AND THE LIBRARY DISTRICT BOARD WITHIN 90 DAYS OF APPOINTMENT OF THE LIBRARY BOARD.
THE GOVERNMENTAL UNIT OR UNITS MAY SUBMIT THE QUESTION OF CREATION OF THE LIBRARY TO THE VOTERS AND MUST OBTAIN APPROVAL OF ANY TAX LEVY FOR SUPPORT OF THE LIBRARY.

9. CONSOLIDATION, INCLUSION, DISSOLUTION, ABOLISHMENT
STATUTORY PROCESSES EXIST FOR SPECIAL DISTRICTS TO CONSOLIDATE AND DISSOLVE
STATUTORY PROCESSES EXIST FOR LIBRARIES TO FORM NEW LIBRARIES, INCLUDE A GOVERNMENTAL UNIT INTO AN EXISTING LIBRARY DISTRICT, ESTABLISH OR REMOVE A MUNICIPAL LIBRARY IN AN EXISTING COUNTY LIBRARY OR LIBRARY DISTRICT, AND LIBRARIES CAN BE ABOLISHED
MAIN DIFFERENCE IN THE PROCESSES ARE THAT TITLE 32 SPECIAL DISTRICTS UTILIZE A COURT-SUPERVISED PROCESS AND REQUIRE ELECTIONS AT VARIOUS POINTS
LIBRARIES DO NOT INVOLVE THE COURTS IN THE FORMATION, CONSOLIDATION, AND ABOLISHMENT PROCESS, BUT ELECTIONS MAY BE REQUIRED FOR TAX APPROVALS AND CONSENT TO ABOLISH

10. LAWS APPLICABLE TO BOTH SPECIAL DISTRICTS AND LIBRARIES:
FEDERAL AND STATE LABOR LAWS
AMERICANS WITH DISABILITIES ACT
BIDDING FOR PUBLIC CONSTRUCTION AND CONTRACTING
CORA APPLIES TO LIBRARIES THE SAME AS TO SPECIAL DISTRICTS
*EXCEPT FOR CERTAIN LIMITED CIRCUMSTANCES, LIBRARIES MUST ALSO PROTECT THE CONFIDENTIALITY OF INFORMATION REGARDING LIBRARY USE BY PATRONS. VIOLATION OF LIBRARY USER CONFIDENTIALITY IS PUNISHABLE BY LAW. CRS

11. LAWS APPLICABLE TO BOTH SPECIAL DISTRICTS AND LIBRARIES:
COLORADO OPEN MEETINGS LAW APPLIES TO LIBRARY BOARDS THE SAME AS SPECIAL DISTRICTS.
TITLE 32 SPECIAL DISTRICTS HAVE AN ADDITIONAL 72-HOUR NOTICE REQUIREMENT PRIOR TO BOARD MEETINGS.
LIBRARY BOARDS MUST PROVIDE 24-HOURS’ NOTICE OF PUBLIC MEETINGS WITH SPECIFIC AGENDA INFORMATION WHEN POSSIBLE.
THE POSTING PLACE FOR 24-HOUR NOTICE SHOULD BE DESIGNATED BY THE LIBRARY BOARD AT ITS FIRST REGULAR MEETING OF THE YEAR.

12. LAWS APPLICABLE TO BOTH SPECIAL DISTRICTS AND LIBRARIES:
COLORADO LOCAL GOVERNMENT BUDGET LAW
PUBLIC DEPOSIT PROTECTION LAWS (BANKS AND SAVINGS AND LOANS)
TWIST FOR LIBRARIES: AS LONG AS SPECIAL DISTRICT MONEY IS DEPOSITED INTO A PDPA FINANCIAL INSTITUTION, THE SPECIAL DISTRICT MANAGES THE FUNDS
WITH LIBRARIES, TREASURER OF GOVERNMENTAL UNIT IN WHICH LIBRARY IS LOCATED BECOMES CUSTODIAN OF FUNDS OF LIBRARY IN A PUBLIC LIBRARY FUND (C.R.S (2))
BOARD OF TRUSTEES MAY REQUEST COUNTY OR MUNICIPAL TREASURER TRANSFER LIBRARY MONEY INTO CUSTODY OF LIBRARY BOARD, BUT LIBRARY BOARD MUST HAVE INSURANCE, MAKE MONTHLY ACCOUNTING TO TREASURER, AND CAUSE ANNUAL AUDIT OF FUNDS HELD BY THE LIBRARY

13. History of Public Library Laws In Colorado

14. CONTRAST TO SPECIAL DISTRICT LAWS
C.R.S. Title 32, as we know it today, dates to from the early 1980’s.

15. Contrast: Library Laws in Colorado date to Pre-statehood.
First Library Law passed by Territorial Legislature in 1861
Set up State Library and Specimen Cabinet.

16. TERRITORIAL LEGISLATIVE ACTIVITY ON LIBRARIES:
Territorial Legislature amended first Library law in 1866 and it was codified in 1868.

17. CONTINUITY:
First Library laws were carried forward into the first laws of the State in 1877.

18. ORIGINAL COLORADO CONSTITUTION:
Article IV, Section 20
Superintendent of Public Instruction designated ex officio State Librarian.
Provision remained in Constitution until 2004, when it was repealed because Colorado no longer had a Superintendent of Public Instruction, but an appointed Commissioner of Education, and the State Librarian had essentially evolved into a civil service position

19. Take Away:
Libraries are intertwined in United States with First Amendment of U.S. Constitution.
Libraries were a very early concern of residents of what is now Colorado.
Our State is steeped in a history of ensuring the availability of information through public libraries.

21. Types of Library Boards:
Governing – Statutory Cities/Counties and Library Districts;
Advisory – Home Rule Cities/Counties.

22. Has Fiscal and Legal Responsibility for Control/Management of Library;
Advisory Board:
Generally Makes Recommendations to Local Government Entity on Policy and/or Budget and is Liaison between Library, Local Government, and the Community;
Governing Board:
Has Fiscal and Legal Responsibility for Control/Management of Library;
Has Authority to Make Policy;
Hires/Fires Library Director;
Has All Powers in CRS

24. Library Districts:
If created by 1 Government Unit – Legislative Body Creates Committee of Members of Legislative Body to Form Committee to Select Board Members. If Created by More Than 1 Government Unit, Legislative Body of Each Selects 2 of Its Members to Committee to Appoint Board Members. Selection Committees Can be Continued and Utilized or Legislative Body or Bodies may Delegate Selection Process to Library Board for Future Appointments. Trustee Appointments ratified by 2/3 majority of Legislative Body. If Legislative Body Does Not Act in 60 Days on a Recommendation, the Recommendation is Considered Ratified.
Litigation: High Plains Library District v. Kirkmeyer, 2015 COA 91, 370 P.3d 254 (Colo. App. 2015).

25. POWERS AND DUTIES:
TITLE 32 SPECIAL DISTRICTS – STATUTORY POWERS AND DUTIES SPECIFIED IN DETAILED STATUTES;
LIBRARY BOARDS – STATUTORY POWERS AND DUTIES MORE GENERAL - CRS –

26. BYLAWS:
TITLE 32 SPECIAL DISTRICTS – IMPORTANT, BUT LESS IMPORTANT THAN LIBRARY BOARDS;
LIBRARIES – BOARDS HAVE MORE LATTITUDE AND BYLAWS ARE MORE IMPORTANT BECAUSE STATUTES LESS SPECIFIC.

27. EXPEDIENT GOVERNANCE OF THE LIBRARY;
LIBRARY BOARD BYLAWS:
CRS AND 109 ALLOW BYLAWS, RULES, REGULATIONS, AND POLICIES TO COVER:
EXPEDIENT GOVERNANCE OF THE LIBRARY;
INCLUDING, FOR EXAMPLE – THE DEFINITION OF “GOOD CAUSE” TO REMOVE A TRUSTEE.

28. LIBRARY BOARD BYLAWS:
CRS ALSO ALLOWS BYLAWS, RULES, REGULATIONS, AND POLICIES TO COVER:
DESIGNATION OF OFFICERS TO BE APPOINTED OR ELECTED AND THE MANNER OF APPOINTMENT OR ELECTION;
CONDUCT OF MEETINGS;
PUBLIC PARTICIPATION IN MEETINGS;
THE LENGTH AND NUMBER OF TERMS OF BOARD MEMBERS;
PROCEDURES FOR AMENDMING BYLAWS.

30. A book may be compared to your neighbor; if it be good, it cannot last too long; if bad, you cannot get rid of it too early. - Henry Brooke
Book lovers never go to bed alone. - Unknown
Knowledge is free at the library. Just bring your own container. - Unknown

31. Censorship, like charity, should begin at home: but unlike charity, it should end there.  - Claire Booth Luce
Censorship reflects a society's lack of confidence in itself. It is a hallmark of an authoritarian regime. - Potter Stewart

32. Bart W. Miller
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