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Table of Contents-Letter-Introduction-Chapters: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, Glossary, Internets Links, Calendar of Events, Freedom to Read Statement, Index
Laws
and Ethics
"Public libraries are a vital link in the
democratic
process. The library is one of the few institutions
that offers free, unfettered access to information.
Trustees are at the epicenter of that process."
— Jim Heckel, Director, Great Falls Public Library
Laws and Ethics4
Because public libraries are supported by public tax dollars, they are subject to numerous laws and regulations. As a trustee, you are responsible for being familiar with these laws and understanding their consequences. When dealing with legal issues, the Board should consult with the city or county attorney for interpretation of the law.
Laws specific to governing public libraries in Montana are included in Montana Library Laws, Rules, and Public Library Standards, published by the Montana State Library. Your library director can furnish you with a copy of this publication. You can also download it from the State Library's web site. It is a good idea to keep a current copy of this publication with your trustee handbook so that you can easily check these laws when necessary.
The Constitution of Montana directs the Legislature to "provide a basic system of free quality public elementary and secondary schools" and "other such educational institutions, public libraries and educational programs as it deems desirable." (Article X, Education and Public Lands, 1(1)).
Laws specific to libraries are contained in the Montana Code Annotated (MCA). In addition, there are a number of Administrative Rules of Montana (ARM) that concern library operation and funding mandates.
MCA
http://statedocs.msl.mt.gov/default.html
A selection of state laws and rules you should be familiar with as a library trustee include the following.
The stated purpose of this law is "to encourage the establishment, adequate financing, and effective administration of free public libraries in this state to give the people of Montana the fullest opportunity to enrich and inform themselves through reading."
MCA 22-1-301 to 22-1-331
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The following items are addressed in this MCA chapter.
Another section of Free Public Libraries is the Information Access Montana Act, which provides state aid to public libraries administered by the Montana State Library Commission. Two aid provisions included in this act include the following (for more, see Chapter 10, Funding the Library):
*Reimbursement to Libraries for Interlibrary Loans
State funds are distributed annually to libraries that loan materials to another Montana library through the formal interlibrary loan procedure.
MCA 22-1-328; ARM 10.102.4001
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The per capita portion of the direct state aid to public libraries is distributed annually and is based on a formula using the library's service area size and population.
MCA 22-1-327; ARM 10.102.4003
The 2001 Montana Legislature passed laws that allow communities to form district public libraries. As of this writing, the State Library has not released guidance on these laws for libraries. In brief, district libraries must contain at least $5 million of property valuation. Electors create the district and set the initial tax levy in an election. Electors also elect members of the library Board of trustees, who have similar powers as those of city or county library Boards.
The State Library will be releasing more information about library districts and is happy to answer any questions about this new approach to structuring public libraries in Montana.
This law allows municipalities and counties to form multijurisdictional service districts to improve and expand library services. As far as practical, the boundaries of the service district follow precinct, school district, municipal and county lines. These districts are formed by an interlocal agreement among participating jurisdictions and only those services specified in the agreement are included.
The governing body of a multijurisdictional service district may consist of all members of all governing bodies; another option is a joint board with representation as detailed in the interlocal agreement.
Local governments are authorized to levy property taxes or appropriate funds from sources other than general tax revenues to fund these districts.
MCA 7-11-1101, et seq.
As mandated by this act, no person may release or disclose any portion of a library record that identifies a person as having requested, used or borrowed library materials except in response to a written request of the person identified in that record or a court order. This law applies to all library users, including children. The confidentiality protection for library records is waived when materials are overdue or lost.
MCA 22-1-1101 to 22-1-1111
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This group of laws requires public libraries that receive state funds to be part of organized library federations that pool resources and avoid duplication of effort. Details include establishment of a federation, participants, benefits, governing board, resolution of disagreements, and administration of federation appropriations. (For more information about federations, see Chapter 17, Libraries and Library Organizations.)
MCA 22-1-401 to 22-1-405
All meetings of public or governmental bodies—including boards, bureaus and commissions—must be open to the public. The law allows the presiding officer to close portions of the meeting if he or she determines that the demands of individual privacy clearly exceed the merits of public disclosure. (For more information, see Chapter 3, The Job of the Board.)
MCA 2-3-202 to 2-3-203
This code is designed to prohibit conflict between public duty and private interest by specifying rules of conduct for public officers, which includes library trustees. The rules cover confidential information, gifts and other economic benefits or compensations. (For more information, see Chapter 6, Ethical Considerations for Trustees.)
Constitution of Montana, Article XIII, Section 4;
and MCA 2-2-101 to 2-2-105
Montana Constitution
http://leg.mt.gov/services/legal/const.htm
This law establishes the State Library Commission. The Commission is composed of the State Superintendent of the Office of Public Instruction, or a designee; five governor appointees, who serve staggered terms of three years each; and a librarian from the Montana university system, appointed by the Commissioner of Higher Education. (For more information about the Commission, see Chapter 17, Libraries and Library Organizations.)
MCA 22-1-101 to 22-1-103
The State Library Commission maintains and operates the Montana State Library, located in Helena. This law addresses the role of the library in providing library services and support to state government, the library federations and local libraries. (For more information about the State Library, see Chapter 17, Libraries and Library Organizations.)
MCA 22-1-201 to 22-1-226
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This substantive rule details standards for public libraries and the processes libraries must follow to meet those standards.
Montana Library Laws,
Rules and Public Library Standards
http://msl.mt.gov/slr/Laws2000.pdf
ARM 10.102-1150 to 10.102-1157
Many state and local laws not specific to public libraries will also be of interest to trustees. For instance, local zoning laws, parking restrictions, building codes and safety restrictions need to be considered. Questions about these and other laws can be directed to the city or county attorney.
Numerous federal laws affect public libraries. A selection of these laws of particular interest to trustees includes the following.
It is not unusual for Boards to have questions about the 1990 Americans with Disabilities Act (ADA). This major piece of civil rights legislation made it illegal to discriminate against people with physical, mental or emotional disabilities. It requires public facilities, such as public libraries, to make reasonable modifications to ensure equal access to these individuals.
Boards that choose not to modify the library to make it physically accessible must be able to demonstrate that people who do not have access to the building can receive substantially the same services as those who can enter the building.
ADA
http://www.ada-infonet.org
Libraries must abide by federal and state laws that prohibit discrimination in relation to hiring, promotion and all other working conditions of employment. It is illegal to discriminate against qualified applicants on the basis of sex, race, creed, color, religion, age, country of national origin, individual life style or physical or mental disability. Stated policies should demonstrate that the library Board makes every effort not to discriminate.
Most library employees also fall under minimum wage and fair labor standards laws. Boards should consult with city or county attorneys regarding how these and other federal laws affect the library.
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In 1996, the Library Services and Technology Act (LSTA) replaced the Library Services and Construction Act (LSCA), which had been in operation since the 1950s. LSTA, which is administered by the federal Institute of Museum and Library Services (IMLS), helps states develop electronic networks among libraries. These networks make it possible for libraries to share information resources as well as provide library services to users with special needs.
LSTA funds are awarded annually and administered by the State Library Commission. These funds are used for State Library programs, such as the Talking Book Library and Library Development Department; statewide projects such as the Montana Library Network; and a variety of local and regional library projects, which are selected through a competitive process. (For more information about IMLS and LSTA, see Chapter 10, Funding the Library).
IMLS
http://www.imls.gov/
In 1997 the Federal Communications Commission (FCC) adopted a Universal Service Order implementing the Telecommunications Act of 1996. The order is designed to ensure that all eligible schools and libraries have affordable access to modern telecommunications and information services. Each year, up to $2.25 billion is available to provide eligible schools and libraries with discounts on authorized services. These discounts are often referred to as the "E-Rate." (For more information about this program, see Chapter 10, Funding the Library).
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The legal power of the library Board derives from the Board's actions as a body. Because these actions are subject to public scrutiny—and can be challenged in court—you and the other members of your Board need to be well informed and make decisions based on sound judgment.
There are several major areas in which Board liability may be incurred:
Acts in excess of authority: for example, inappropriate expenditures or exceeding budget spending levels.
Failure to act when action should have been taken: for example, failure to get needed copyright clearances or failure to meet contractual obligations.
Negligence: for example, unsafe buildings and grounds, failure to supervise funds, loss due to depositing funds over the maximum amount insured, etc.
Intentional misconduct: for example, libel, assault, improper discharging of an employee, theft, etc.
Acts in violation of the law: for example, improper reimbursement to trustees and employees, authorizing payment of improper expenses, purchasing certain property without obtaining bids, failing to follow proper rules for hiring, acting on an issue when there is conflict of interest, etc.
There is no personal liability for trustees, with the exception of criminal conduct.
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Table of Contents-Letter-Introduction-Chapters: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, Glossary, Internets Links, Calendar of Events, Freedom to Read Statement, Index