Comparing Differences Between Library Governance Structures in Montana
City/County
Creation
Resolution by governing body (city council or county commissioners) MCA 22-1-303
Governance
Board of trustees are appointed by governing body (Mayor of city or chairman of County Commissioners) MCA 22-1-308
Finances
Receive money from city and/or county general fund. Library may also receive a property tax levy specifically for library subject to MCA 15-10-420.
Dissolution
Resolution by governing body or petition of the people. MCA 22-1-303.
Board Powers and Duties
Have exclusive control of budget, construction or lease of library buildings; and operation and care of the library
Adopt bylaws for the board and library
Have the power to contract to give and receive library services
Have the power to acquire property for the library
Pay necessary expenses of library staff
Prepare an annual budget
Make an annual report
Accept gifts, etc.
Exercise such other powers, not inconsistent with law. MCA 22-1-309
Interlocal
Creation
Contract between agencies for library services. Agreement is filed with county clerk or Secretary of State. MCA 7-11-101 thru 7-11-108
Governance
Governance is determined by contract. See MCA 7-11-105
Finances
Interlocal agreement determines what parties will pay to finance library services. MCA 7-11-105
Dissolution
Dissolution is determined in interlocal agreement. Generally done by one or both parties in writing. MCA 7-11-105
Board Powers and Duties
Determined by contract, but generally the same as City/County. MCA 7-11-105.
Multijurisdictional
Creation
Contract between agencies for library services. Agreement is filed with county clerk or Secretary of State. MCA 7-11-1102.
Governance
Specified in interlocal agreement. Usually the same as city/county setup. MCA 7-11-105.
Finances
Interlocal agreement determines what parties will pay to finance library services.
Dissolution
Dissolution is determined in interlocal agreement. Generally done by one or both parties in writing. MCA 7-11-105
Board Powers and Duties
Determined by contract, but generally the same as City/County. MCA 7-11-105
District
Creation
Begin with petition with signatures from 15% of registered voters in proposed district or with a resolution from county commissioners. Requires open hearing and an election. MCA 22-1-702
Governance
Initial board is appointed by governing body of county. MCA 22-1-704
Voters within the district elect subsequent trustees. MCA 22-1-706
Finances
Initial vote for district determines the maximum mill levy for the library (subject to MCA 15-10-420. See also MCA 22-1-703)
Dissolution
Dissolution begins with a resolution by library board or governing body or a petition signed by 15% of voters. Final dissolution occurs with election. MCA 22-1-710
Board Powers and Duties
Operate and maintain library property; conduct programs; make improvements to property
Prepare annual budgets
Pay necessary expenses of staff members
Prepare and submit records to Montana State Library
Employ or contract with personnel or other entities to receive or give library services
Acquire, own, and maintain property for the district
Adopt bylaws for the operation of the district
Establish a property tax mill levy
Accept donations
Establish a depreciation fund.
Exercise other powers, not inconsistent with the law. MCA 22-1-707
