Coleman et al v. Campbell County Public Library Board of Trustees

Filing 16

RESPONSE in Opposition re MOTION to Dismiss by Kenton County Public Library Board of Trustees, 11 MOTION to Dismiss for failure to state a claim by Campbell County Public Library Board of Trustees filed by Charlie Coleman, Erik Hermes. (Voelker, Brandon) (Additional attachment(s) added on 4/9/2012: # 1 Exhibit Kentucky Public Library Trustee Manual 2009) (TED).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT COVINGTON
CIVIL ACTION NO. 2:12-CV-00030-DLB

CHARLIE COLEMAN, ET AL

PLAINTIFFS

V.
CAMPBELL COUNTY LIBRARY BOARD
OF TRUSTEES

DEFENDANTS

AND
________________________________________________________________________
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT COVINGTON
CIVIL ACTION NO. 2:12-CV-00035-DLB

GARTH KUHNHEIN, ET AL

PLAINTIFFS

V.
KENTON COUNTY LIBRARY BOARD
OF TRUSTEES

DEFENDANTS

PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS

Comes now the Plaintiff, in the respective actions set forth herein, which have
been consolidated by Order of this Court and tender the following Memorandum in
Opposition to Defendants’ Motions to Dismiss. The respective Defendant’s Motions to
Dismiss are identical in nature and Plaintiffs will respond to each in this single pleading.
I. STATEMENT OF MATERIAL FACTS

1

This matter has already been before the Court for a status hearing and the Court
had already reviewed the Plaintiff’s Complaints and discussed with Counsel for the
parties the respective facts/issues, before the Court. Plaintiffs will not bore the Court
with factual information already ascertained by the Court in reading the respective
pleadings. A simple fact, not addressed by the Defendants, is that the Defendants do not
have a published refund policy and/or any mechanism in place for the submission of a
refund. More importantly, just as the plain reading of KRS 173.790 has been unilaterally
ignored by the Defendants in raising tax rates, Defendants unilaterally, just jump to a
conclusion that KRS 134.590 governs any refund request. Defendants do not even
establish the applicability to the type of tax passed and collected and the type of
governmental entity the Defendant comprises.
Plaintiffs would point out that the Defendants do not want to have the Court
address the simple issue of whether KRS 173.790 or KRS Chapter 132 (HB 44), applies
to the Defendants’ tax rate. Instead, the Defendants seek to assert that individual
taxpayers must submit a yearly refund request, since as Defendants’ argue you cannot
bring a declaratory action to stop them from not complying with the express provisions of
KRS 173.790. Furthermore, the Defendants are disingenuous to argue that individuals
can submit a claim for a refund, where the Defendants would have to acknowledge they
yearly tax at a wrong rate and issue a refund. To the contrary, the Defendants’ seek to
assert and hope that even if KRS 173.790 applies, taxpayers will not take the time to each
year apply for a refund that will likely be $50 or less.
II. ARGUMENT
A. KRS 134.590’S EXPRESS LANGUAGE DOES NOT APPLY TO
PLAINTIFFS CLAIMS

2

The Defendants desire to dodge and deflect the simple matter presented for this
Court, does KRS 173.790 or KRS Chapter 132, govern the tax rate for the Defendants
herein. Instead, Defendants seek to essentially, argue that each individual taxpayer will
have to submit a yearly refund request. As asserted many times by government, most
recently in connection with the recent Health Care Debate before our Supreme Court,
express constitutional and/or statutes are not to be read in a simplistic, plain and common
sense manner, but rather mixed and mingled with all other constitutional provisions,
statutes, regulations, etc., essentially, government can do what it wants and when it
wants. Words are to be applied in favor of government regulation and taxation. The
rights of the people to be free of excessive government is of no concern.
Government, especially unelected taxing boards in the Commonwealth, many
times refuse to acknowledge and/or refuse to comply with our respective constitutional
framers and past legislative leaders, who many times provided for specifics, which are
not to be disturbed, absent express language overruling a plain reading of the law.
Defendants assert that KRS 134.590 governs Plaintiff’s claims for refunds of “ad
valorem” taxes. Defendants’ arguments fail in two respects as it pertains to KRS
134.590, if specific statutory terms are provided a plain meaning. The Defendants do not
assess “ad valorem” taxes, but rather specific statutorily prescribed “special ad valorem,”
taxes. KRS 173.710-173.800 governs the Defendants herein. KRS 173.710 specifically
provides that the term “district” means “public library district.” Furthermore, KRS
173.720(2) provides that the taxes authorized upon the establishment by a Petition
method are “special ad valorem taxes.” 173.790 provides the specific manner in which
the “Public Library District” may increase its “special ad valorem” tax.

3

KRS 134.590 repeatedly references, “ad valorem,” but not “special ad valorem”
taxes. The term “special ad valorem,” is separate and distinct from “ad valorem” taxes.
The Kentucky Supreme Court has differentiated between “ad valorem” and “special ad
valorem,” taxes. The Court struck down a “special ad valorem” tax, in that it was a tax
passed by the Northern Kentucky Area Planning Commission in addition to its yearly “ad
valorem” tax. Kling v. Northern Kentucky Area Planning Commission, 654 S.W.2d 606
(Ky. 1983). Furthermore, the Kentucky Supreme Court has provided rules of statutory
construction for purposes of determining the language of a statute. “Where the language
of a statute is clear and unambiguous on its face, we are not free to construe it otherwise
even though such construction might be more in keeping with the statutes apparent
purpose.” MPM Fin. Group, Inc. v. Morton, 289 S.W.3d 193,197 (Ky. 2009).
Defendants seek to assert that the term “ad valorem” means any and all types. The
language of the statutes governing the governance of the Defendants herein is specific
and the legislature identifies the tax as a “special ad valorem” tax versus the “ad
valorem” tax identified in KRS 134.590. See also; Dunn v. Marshall County Hospital
District of the County of Marshall, 543.S.W.2d 767 (Ky. 1976); Hardin County Fiscal
Court v. Hardin County Board of Health, 899 S.W.2d 859 (Ky.App. 1995); Crafton v.
Board of Trustee of the Henderson County Public Library, 554 S.W.2d 82 (Ky. 1977),
each case references specific statutes using “special ad valorem” taxes.
In addition to, KRS 134.590, outlines specific governmental units for which the
“refund” legislation applies. Under KRS 134.590(3), the refund of ad valorem taxes only
applies to “city, urban-county, county, school district, consolidated local government, or
special districts…” Defendants’ fail to provide the basis upon which they should be

4

deemed a “special district.” Kentucky statutes clearly differentiate between “taxing
districts” and “special districts.” KRS 65.160 – 65.176, provides what constitutes a
“special district.” KRS 65.180 – 65.192, establishes “taxing districts.” More
importantly, “taxing districts,” under KRS 65.180, reference is made to KRS 173.710 –
173.800, the Library Statute applicable to Defendants herein.
It is a general rule of statutory construction that enumeration of particular items
or categories excludes others not specifically mentioned. Schwindel v. Meade County,
113 S.W.3d 159 (Ky. 2003). KRS 134.590 does not apply to the specifically defined,
“public library district,” as set forth in KRS 173.710. The exclusion by the legislature is
indicative and requires no further statutory interpretation. Arguably, Defendants will
assert that while KRS 173.710 provides that the Defendants are specific, statutorily
defined “public library districts,” this Court should call them “special districts” and apply
KRS 134.590.
Defendants’ argument will require activism and disregard of a specifically defined
district. Regardless of KRS 173.710, Defendant must argue that legislature intended,
while not mentioning “public library district” and “taxing district” in the text of KRS
134.590, to have KRS 134.590 apply. If the legislature intended for the category of
“public library district,” and/or “taxing district” to be included, the text would state as
such. The absence and inapplicability of KRS 134.590, is further shown by subsection
(4), which provides the persons upon which a refund request may be made. Specifically,
(4) Refunds of ad valorem taxes shall be authorized by the mayor
or chief finance officer of any city, consolidated local government,
or urban-county government for the city, consolidated local government,
or urban-county government or for any special district for which the city,

5

consolidated local government, or urban-county government is the levying
authority, by the county/judge executive of any county for the county or
special district for which the fiscal court is the levying authority,
or by the chairman or finance officer of any district board of education.
KRS 134.590(4)
The Defendants herein are the levying authority, not a city or county. In as much,
because the Defendant is not a “special district,” the provision advising as to where a
refund should be submitted, is inapplicable. Defendants broadly assert KRS 134.590’s
application, but fail to provide a basis upon which a city or county should receive a
request for refund for a tax that they do not levy. I am quite certain that the Defendants
would not desire to have the Fiscal Court decide to lower their rate. The answer is found
in KRS 173.710 – 173.800, the rate is set and bills are issued per the electorate’s decision
set forth in the enabling petition.
Defendants’ assert that KRS 134.590(6) requires that the Plaintiffs “exhaust
administrative remedies.” The Defendants’ Counsel cannot point to an “administrative
remedy,” that their respective clients’ have adopted. Furthermore, KRS 134.590(6)
outlines specific KRS provisions for which remedy procedures exist. Specifically, KRS
134.590(6)t states:
No refund for ad valorem taxes, except those held unconstitutional,
be made unless the taxpayer has properly followed the administrative
remedy procedures established through the protest provisions of
KRS 131.110, the appeal provisions of KRS 133.120, the correction
provisions of KRS 133.110 and 133.130, or other administrative remedy
procedures.
The specific statutes referenced are inapplicable to the case. More importantly,
the illustrate the intent of the legislature that the statutes set forth above regarding

6

imposition of assessed value, etc, are the subject matter for which appeals/refund requests
should be made.
KRS 134.590 applies to ad valorem taxes and special districts. The Defendants’
herein collect special ad valorem taxes and are a public library district, or at best a taxing
district. In enacting KRS 134.590, the legislature made a proverbial laundry list of
applicable agencies, city, urban-county, school districts, consolidated local government,
or special districts. Absent is public library district or taxing district. In as much, the
enumeration of specific applicable governmental units, excludes others not specifically
mentioned. Schwindel v. Meade County. The cases cited by the Defendants involve
cities, board of education, and the department of revenue, each of which pass yearly “ad
valorem” taxes and are specifically identified in KRS 134.590.
B.
If KRS 134.590 Applies it is Inapplicable to the Claims, Because It is
Unconstitutional and/or In Violation of Jural Rights
If the Court determines that KRS 134.590 applies, Plaintiffs do not have to
exhaust an administrative remedy when “attacking the constitutionality of a statute or the
regulation as void on its face.” Popplewell’s Alligator Dock No. 1, Inc. v. Revenue
Cabinet, 133 S.W.3d 456, 470 (Ky. 2004). Plaintiff’s claims are based on action taken
by the Defendants, which required Plaintiff’s to pay a tax. In as much, Plaintiff’s can
show injury as a result of the Defendant’s unlawful failure to comply with KRS 173.790.
By enacting a tax increase in violation of KRS 173.790, Defendant’s have already
conducted a statutory application. This is evident from the fact that the respective
Defendant’s employ Counsel, who assumingly have advised them of a belief that KRS
173.790 does not apply. In addition to, bonds have been issued, requiring both bond
counsel and library board counsel to identify ample revenue sources. For Defendants to

7

argue that Plaintiff’s have not suffered injury and that Defendants have yet to consider
the application of KRS 173.790 goes against common sense. The respective Defendant
Board’s employ counsel, who have represented the Board for numerous years.
Furthermore, the state has published a Library Trustee Manual, which references both
House Bill 44 and KRS 173.790. A copy of which is attached hereto as Exhibit A. see
specifically pages 20-21. As set forth above, the Manual identifies the statute upon
which each library in the state was enacted, further illustrating that the Defendants’ are
not special districts.
Clearly KRS 173.790 has been applied, in that a manual has been produced and
the Defendant’s employ counsel who presumably have advised that they believe KRS
173.790 is not appliable. “One must first show injury as a result of a statutory
application, before that application may be attacked as unconstitutional.” Commonwealth
v. DLX, Inc., 42 S.W.3d 624 (Ky. 2001); quoting, Stein v. Kentucky State Tax
Commission, 99 S.W.2d 443, 445 (Ky. 1936).
Aside from asserting that Plaintiff’s must exhaust administrative remedies under
KRS 134.590, Defendants also argue that KRS 134.590 sets a two year statute of
limitations and prohibition against a class action. As set forth herein, KRS 134.590 does
not apply and Defendants’ arguments are misplaced. In addition to, Plaintiff’s have not
moved the Court to certify a class yet and since KRS 134.590 does not apply, the
applicable statute of limitations is five years pursuant to Maximum Machine Co., Inc. v.
City of Shepherdsville, 17 S.W.3d 890 (Ky. 2000).
Should the Court determine that KRS 134.590 is applicable, said application is in
violation of Kentucky’s Jural Rights Doctrine. The Jural Rights of the Kentucky

8

Constitution is derived from a reading of Sections 14, 54 and 241. The doctrine has also
been articulated as “preclud[ing] any legislation that impairs a right of action in
negligence that was recognized at common law prior to the adoption of the 1891
Constitution.” McDowell v. Jackson Energy RECC, 84 S.W.3d 71, 73 (Ky. 2002).
The Kentucky Supreme Court has examined tax refund cases against a Board of
Education. In the case of Inland Container Corporation v. Mason County, 6 S.W.3d 374
(Ky. 1999), the Kentucky Supreme Court determined that a common law refund exists in
Kentucky. More importantly, the Kentucky Supreme Court examined the issue of
voluntary versus involuntary tax payments. As set forth above, KRS 154.390 is invalid
and constitutionally unsound in that it requires that the tax be paid, before a refund may
be sought.
The common law cause of action exists if Plaintiff’s can show “invalidity and
involuntariness.” Id. at 378. To the extent that Defendant’s argue that KRS 134.590 is
not invalid, Defendants fail to provide the “regulatory scheme,” upon which Plaintiff’s
must bring a refund request. Id. As set forth above, KRS 134.590(6) references specific
statutes, each of which are inapplicable to the case at hand. The final provision, “or other
administrative remedy procedures,” does not exist. Defendants have failed to provide
lawfully enacted “administrative remedy procedures,” which are regulatory in nature.
The reason is that Defendants are not a body that passes ordinances, rules and/or
regulations. Defendants’ tax rate is fixed and only may change if a petition similar to the
one that created each of the Defendants’, is presented for an increase.
As to involuntariness, “the law will presume that tax payments are made
involuntary or under duress when a burdensome penalty may be exacted for failure to

9

pay.” Id. Defendants do not dispute the allegations in Plaintiff’s complaint that failure to
pay the tax in question results in a tax lien on Plaintiff’s property, which is clearly
burdensome. Furthermore, the U.S. Supreme Court has determined that “when a tax is
paid to avoid financial sanctions … the tax is paid under duress.” Id., see also;
McKesson Corp., v Division of Alcoholic Beverages and Tobacco, 496 U.S. 18 (1990).
Defendants seek to deny post deprivation due process, in that they assert KRS
134.590 requires Plaintiff’s to first pay and then seek an administrative refund.
Defendants further seek to deny Plaintiff’s any procedural due process, to the extent that
KRS 134.590(6) requires, “administrative remedies,” be exhausted, when said
administrative remedies do not exist. The Defendants, to the extent KRS 134.590
applies, have failed in establishing any administrative remedy procedures and cannot
assert that Plaintiff’s must exhaust a non-existent remedy. Said actions make the law
unconstitutional, as applied and/or in violation of Kentucky’s Jural Rights Doctrine.
Lastly, the “special ad valorem” tax was established by petition. The tax was
fixed and not subject to change, unless KRS 173.790 was followed. To the extent that
the Defendants have unilaterally exceeded their authority and adopted and additional “ad
valorem” tax, said tax is unconstitutional and properly brought before this Court. The
Kentucky Supreme Court, as set forth above, in Kling v. Northern Kentucky Area
Planning Commission enunciated that enacting an additional “special ad valorem” tax
was unconstitutional. Furthermore, the Kentucky Supreme Court in City of Bromley v.
Smith, 149 S.W3d 403 (Ky. 2004), examined the enactment of taxes for which are in
violation of the Kentucky Constitution. The applicable tax, constitutionally and
statutorily allowed herein is as follows: 0.06% per $100 for Defendant Kenton and 0.03%

10

per $100 for Defendant Campbell. Enactment of additional tax by the Defendants herein
is not based in law, but rather an unconstitutional tax in that it is not authorized,
regardless of whether it is based on property values. See also; Barber v. Commissioner
of Revenue, 674 S.W.2d 18 (Ky.App. 1984).
The increase by Defendants from their petition approved rate is an additional tax,
whether classified as ad valorem, special ad valorem, special assessment and/or any other
name the Defendants choose to provide, constitutionally and statutorily it is not
authorized, making KRS 134.590 inapplicable.
C.

Plaintiff’s Declaration of Rights Action is Proper

Whether KRS 134.590 is applicable herein, Plaintiffs have set forth a proper
Declaratory Judgment action. Presently, as evidenced by the express language on page
20-21 of the Kentucky Public Library Trustee Manual, a conflict between House Bill 44
and KRS 173.790. As Defendant Campbell County has repeatedly acknowledged in the
press, it intends to exceed its compensating tax rate as set forth under House Bill 44,
which subjects said increase to recall. This assumes that House Bill 44 applies to the
taxes levied by the Defendants. More importantly, there are no limitations to increases
under House Bill 44, unless a petition challenging is presented and an election held.
The Trustee Manual, then without referencing KRS 173.790, then provides that
“Taxing districts may increase their tax rate significantly by the same method in which
they were established.” The term “significantly” is not found in the text of KRS 173.790,
yet appears to serve as a basis for KRS 173.790 not being followed. If House Bill 44
applies, the tax may be increased “significantly,” provided a petition and subsequent
election overturning does not occur. Ironically, the Manual goes further to sate, “The

11

statutes governing this activity are very precise, and the Board may wish to ask the local
Regional Consultant for technical assistance in undertaking such a project.” Presumably,
the Defendants Boards herein have either asked and been told that the “specific”
language of KRS 173.790 does not apply having been overturned by House Bill 44 or
that while not contained in the “specific statutes” reference in the Manual, KRS 173.790
only applies to “significant” tax increases.
The Plaintiffs have filed this case for a declaratory judgment, on a matter that the
Trustee Manual refuses to answer and/or assert that words non-existent in a statute’s text,
“significantly,” apply. KRS 418.040 provides for the filing of a Declaration of Rights,
provided an “actual controversy” exists. Actual controversy, for purposes of the
declaratory judgment statute requires a controversy over present rights, duties and
liabilities; it does not involve a question which is merely hypothetical or an answer which
is no more than an advisory opinion.” Barrett v. Reynolds, 817 S.W.2d 439 (Ky. 1991).
Defendants assert that the Kentucky Court of Appeals case, Bischoff v. City of
Newport, 733 S.W.2d 762 (Ky.App. 1987) does not allow for a declaratory action.
Plaintiff’s claims specifically are for injunctive relief prohibiting the future imposition of
rates prohibits by KRS 173.790. The Court of Appeals in Bischoff stated, there are two
actual controversies with to respect to ad valorem. The “first of these would occur when
a taxpayer or taxpayers wish to avoid paying a levied tax believed to be based on an
illegal rate. In this circumstance a declaratory judgment could be brought by the
taxpayers before paying the tax.” Id. at 764. The second is when a taxpayer has already
paid a tax and seeks a refund. As set forth above, KRS 134.590 is inapplicable to the

12

case at hand, but should the Court determine otherwise, Plaintiff has presented a claim for
a declaratory judgment to avoid the continued imposition of a tax based on an illegal rate.
Plaintiff is not seeking a hypothetical or advisory opinion, but rather an answer
that Defendants refuse to seek, even though their own Trustee Manual sets forth a
controversy.
D.

Plaintiff’s Claims are not Barred by Sovereign Immunity

Kentucky has long recognized the right of a taxpayer to seek a refund of unlawful
taxes. The Inland Container Corporation v. Mason County clearly establishes a right to
bring an action for the unlawful taking of one’s property in the form of taxes. Under
Defendant’s assertions, government could just tax, without regard to any law/limitations,
and the taxpayers have no recourse. Kentucky Jurisprudence has long acknowledged a
right to seek refunds, regardless of any claim for sovereign/governmental immunity.
III.

CONCLUSION
In that KRS 134.590 by its express terms does not apply. In the event this Court

determines it is applicable, as applied, the refund statute is unconstitutional in that it lacks
required enactments outlining refunds procedures and/or is in violation of Kentucky’s
Jural Rights Doctrine. Finally, Plaintiff’s have properly filed a Declaration of Rights
action for the question inferred in the Library Manual. A proper question and/or
controversy exists. In as much, Plaintiff’s would ask this Court to overrule Defendants
Motions to Dismiss.

13

Respectfully Submitted,
/s/ Brandon N. Voelker__________
Brandon N. Voelker (88076)
The Voelker Firm PLLC
4135 Alexandria Pike, Suite 109
Cold Spring, Kentucky 41076
[phone]

CERTIFICATION
This is to certify that on the 6th day of April, I electronically filed the foregoing
with the clerk of court by using the CM/ECF system which will send a notice of
electronic filing to counsel of record for all parties.
/s/Brandon N. Voelker______________
Brandon N. Voelker

14

KENTUCKY
PUBLIC LIBRARY
TRUSTEE
MANUAL
2009

Kentucky Department for Libraries and Archives
www.kdla.ky.gov

BOARD OF TRUSTEES

Members of my local Library Board are:

President

_______________________________________________

Vice-President _______________________________________________
Secretary

_______________________________________________

Treasurer

_______________________________________________

Member

_______________________________________________

Member

_______________________________________________

Member

_______________________________________________

Member

_______________________________________________

Member

_______________________________________________

Member

_______________________________________________

Member

_______________________________________________

My appointment expires _____________________________
(Date)
Regular board meeting ______________________________
Time ______________________________

Library Director

__________________________________________

Regional Consultant __________________________________________

Kentucky
Public Library
Trustee
Manual

Manual Committee:
Roberta Anthony, Breckinridge County Public Library Trustee
Marjorie Flowers, Green River/Pennyrile Regional Librarian
Nelda Moore, Lincoln Trail Regional Librarian
Linda Stith, Bluegrass Regional Librarian
Ann Wyatt, Barren River Regional Librarian

Revised 1999
Second Printing 2000
Revised 2009

2007 Revision Committee
Roberta Anthony, Breckinridge County Public Library Trustee
Harry (Buddy) Bell, Oldham County Public Library Trustee
Barbara Caron, Grant County Public Library Director
Cathy Matthews, Owen County Public Library Director
Charlotte McIntosh, Northern Kentucky Regional Consultant
Nelda Moore, Lincoln Trail Regional Consultant
Paul Poland, Scott County Public Library Trustee

Available in alternate formats upon request

TABLE OF CONTENTS

General Duties and Responsibilities of All Trustees

1

Legal Issues

2

Officers and Their Duties

8

Roles of Trustees, Directors, and Regional Consultant

11

Local Information

18

Funding

19

Board Committees

22

Trustee and Intellectual Freedom

23

Trustee and Special Projects
Technology
Hiring a Library Director
Construction

24

Removal of Trustees

26

Recurring Deadlines

27

Acronym/Glossary

28

Appendix
Sample Letter Requesting Trustee Appointment

i

Sample Agenda

ii

Sample Minutes

iii

Checklist of Policies

v

GENERAL DUTIES AND RESPONSIBILITIES OF ALL TRUSTEES

The trustee is legally appointed, with powers and duties set out in the Kentucky Revised
Statutes, Chapter 173. All authority for operation of the library resides in the board,
taking action as a quorum in a public meeting. No authority resides in the individual
member.
When a person becomes a board member, he/she must assume these general duties and
responsibilities:
•

Attend all board meetings; participate in discussion; and support board decisions.

•

Advocate for the library in the community and advocate for the community as a
member of the library board.

•

Secure adequate funds for the library.

•

Hire a qualified and competent library director and delegate all management
responsibilities.

•

Support the library director, but also demand accountability for a quality library.

•

Plan for the future with a written strategic plan not to exceed three years’
coverage and annual plans derived from the strategic plan.

•

Monitor and evaluate:
o the finances;
o the director’s performance;
o the library’s progress toward its goals; and
o the board’s performance.

•

Establish policies for the library.

•

Comply with federal, state, and local laws and regulations that pertain to public
libraries.

For more detail on trustee duties and responsibilities, see Roles of Trustees, Director, and
Regional Consultant on pages 11-17.

1

LEGAL ISSUES

All authority for operation of the library resides in the board, taking action as a quorum.
No authority resides in the individual member. Individual trustees do not have power or
authority to commit the library or to speak for the board, unless so authorized on a case
by case basis.
Trustees may be held liable:
•

if they or their employees make errors when they act outside the scope of their
library authority.

•

for failing to act when they should have acted (either to do something required by
law or to stop actions that are illegal).

•

for the negligence of the library staff or of themselves.

•

for statements made in haste or for angry actions taken by another board member
or the library staff.

•

when a member of the board or the library staff in good faith accuses a person of
committing a crime, but is mistaken in judgement or identification.

•

when a conflict of interest exists between a trustee’s obligation to the public or
constituency and his/her own personal interest.

•

for failing to act in compliance with all local, state, and federal laws and
regulations.

THE BOARD AS A WHOLE MAY LESSEN LIABILITY BY:
Assuring the library’s financial statements are available to the public.
Reviewing and approving standard budget forms.
Reviewing financial statements and vouchers monthly.
Reviewing fiscal controls and assuring an audit is completed as required by law.
Conducting the library board’s business by generally accepted parliamentary
procedures.
Reviewing library and board policy manuals annually.
Assuring timely filing of all required reports (Annual Report, UFIR, budget to county
clerk, etc. See list of deadlines on page 27.)
Maintaining confidentiality in matters of personnel or other matters protected by law.
Obtaining appropriate liability insurance.

2

INDIVIDUAL TRUSTEES MAY LESSEN LIABILITY BY:
Being active: attending meetings, studying, questioning, voting on all issues,
monitoring progress and maintaining active committees.
Reading the minutes and making corrections.
Reading the financial statements and understanding them.
Voting against proposed actions if insufficient information is available to make a
decision. Absenteeism and abstentions are probably not enough to protect against
liability. If a trustee abstains because of insufficient information, he/she should follow
up on the issue and let the record show his/her position.
Voting no if the rest of the board votes to do an illegal or improper act.
Assuring that the minutes of each meeting are maintained and that votes are properly
recorded.
Not condoning conflicts of interest on the board, including those involving money,
services, or influence. Such conflicts, or the appearance of such conflicts of interest,
should be brought to the attention of the entire board.
Informing the board of a potential or suspected conflict of interest related to oneself.

SELECTED STATE LAWS AFFECTING TRUSTEES
Open Meetings Act and Open Records Act:
KRS 61.800-61.850
Library board meetings must be open to the public except in
certain specific instances. Exceptions to open meetings applicable to library boards are:
1.(b) deliberations on the buying or selling of real property;
1.(c) discussion of proposed or pending litigation against or on behalf of the board;
1.(f) “discussions or hearings which might lead to the appointment, discipline, or
dismissal of an individual employee, without restricting that employee’s right to a
public hearing if requested.” (This exception shall not be interpreted to permit
discussion of general personnel matters in secret.)
[When going into closed session, the board must state for the record the KRS citation; therefore the exact
subsections are listed. Example: KRS 61.810, Section 1, subsection f, to discuss a personnel issue.]

KRS 61.823
Special called meetings or rescheduled regular meetings must abide by
specific rules involving agendas and giving public notice of said meeting.
KRS 61.870-61.884
All public records shall be open for inspection. This includes
library board meeting minutes, budgets, annual reports, etc., but does not include patron
records.
KRS 15.257
Newly appointed trustees are required to be given copies of Your Duty
Under the Law and Managing Public Records within 60 days of appointment and sign a
Receipt of Signature form that is then filed with the County Judge-Executive’s office.
3

Taxing District Requirements: Audits and Descriptive Information:
KRS 65.065
All taxing districts with annual operating budgets of less than $750,000
must have an audit at least every four years; all taxing districts with either an annual
operating budgets more than $750,000 or who expend over $750,000 in a single year
must have an annual audit.
KRS 65.070 All taxing districts are required to publish the names and addresses of the
members of its governing body and chief executive officer [director], and either a
summary financial statement or the location of district financial records which may be
examined by the public.

Board Meeting Frequency and Attendance:
KRS 173.350; 173.500; 173.735
once each month.

The board shall meet on a regularly scheduled basis

KRS 173.340; 173.490; 173.730
Absence of a trustee from four regular monthly
meetings of the board during one year of the trustee’s term shall constitute automatic
resignation.

Board Terms, Compensation, and Removal:
KRS 173.340; 173.490; 173.730
Except for the initial establishment or filling
unexpired terms, trustees may serve for two (2) consecutive terms (four years each) after
which they shall not succeed themselves for at least one (1) year.
KRS 173.340; 173.510; 173.740 Members of the board shall not receive compensation
for their services, but shall be reimbursed for their actual expenses necessarily incurred in
the performance of their duties.
KRS 173.340; 173.490; 173.740 A library trustee may be removed only by vote of the
legislative body of the respective governmental unit from which he/she was appointed.

Board Officers:
KRS 173.500; 173.735
years.

Officers of the board shall be elected for a term of two (2)

KRS 173.360; 173.540; 173.735
amount set by the board.

The Treasurer of the board shall be bonded in an

4

Nepotism and Conflict of Interest:
KRS 173.340; 173.510; 173.740
No board shall newly employ as a member of its
library staff any member of the board or any person related closer than a second cousin to
any member of the board.
KRS 173.340; 173.510; 173.740 No person is eligible to this office who is directly or
indirectly interested in the sale to the library of books, magazines, supplies, equipment,
materials, insurance, or services for which library funds are expended.

Filling Board Vacancies:
The process by which vacancies on the library board are filled is determined by the
method by which the library was established.

Libraries established as units of local government under KRS 173.310:
(Barren, Crittenden, Elliott, Fayette, Hardin)
1. The board notifies the appointing authority (county judge-executive for county
libraries; mayor for city libraries) of vacancy(ies);
2. The appointing authority, with the approval of fiscal court (county libraries) or city
council (city libraries), appoints the individual to the library board to either a full term
of four (4) years or the remainder of an unexpired term;
3. The newly appointed trustee takes the Oath of Office* before a judicial officer.

Libraries established as taxing districts under KRS 173.470:
(Bath, Boone, Carroll, Clay, Fleming, Floyd, Fulton, Gallatin, Graves, Harlan, Lawrence,
Lewis, Lincoln, Magoffin, Muhlenberg, Nicholas, Ohio, Robertson, Rockcastle,
Simpson)
1. For each vacancy, the board selects two (2) names of individuals committed to the
provision of library service;
2. The names are submitted to the Kentucky Department for Libraries and Archives;
3. The state librarian and commissioner approves the names and sends the
recommendations to the local county judge-executive;
4. The county judge-executive, with the approval of fiscal court, appoints one of the two
provided names to either a full term of four (4) years or the remainder of an unexpired
term;
5. The newly appointed trustee takes the Oath of Office* before the county judgeexecutive or other judicial officer.

5

Libraries established as taxing districts under KRS 173.710:
(Adair, Allen, Anderson, Bell, Bourbon, Boyd, Boyle, Breathitt, Breckinridge, Bullitt,
Butler, Caldwell, Calloway, Campbell, Casey, Clark, Clinton, Cumberland, Edmonson,
Estill, Franklin, Garrard, Grant, Grayson, Green, Greenup, Hancock, Harrison, Hart,
Henderson, Henry, Jackson, Jessamine, Johnson, Kenton, Knox, Knott, LaRue, Laurel,
Lee, Leslie, Letcher, Logan, Lyon, Marion, Marshall, Martin, Mason, McCreary, Meade,
Menifee, Mercer, Metcalfe, Monroe, Montgomery, Morgan, Nelson, Oldham, Owen,
Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Rowan, Russell, Scott, Shelby, Spencer,
Taylor, Todd, Trimble, Union, Washington, Wayne, Webster, Whitley, Wolfe,
Woodford)
1. For each vacancy, the board selects two (2) names of individuals committed to the
provision of library service;
2. The names are submitted to the Kentucky Department for Libraries and Archives;
3. The state librarian and commissioner approves the names and sends the
recommendations to the local county judge-executive;
4. The county judge-executive, with the approval of fiscal court, appoints one of the two
provided names to either a full term of four (4) years or the remainder of an unexpired
term;
5. The newly appointed trustee takes the Oath of Office* before the county judgeexecutive or other judicial officer.

Libraries established as taxing districts under KRS 65.182:
(Bracken, Madison, Trigg):
1. For each vacancy, the board selects two (2) names of individuals committed to the
provision of library service;
2. The names are submitted to the Kentucky Department for Libraries and Archives;
3. The state librarian and commissioner approves the names and sends the
recommendations to the local county judge-executive;
4. The county judge-executive, with the approval of fiscal court, appoints one of the two
provided names to either a full term of four (4) years or the remainder of an unexpired
term;
5. The newly appointed trustee takes the Oath of Office* before the county judgeexecutive or other judicial officer.

6

Libraries established under KRS 65.210 (Ballard/Carlisle/Livingston, Christian,
Hopkins, Jefferson, Carter):
The process by which board vacancies are filled for libraries established under this statute
are determined at the time of establishment and continue in perpetuity.

Libraries established under KRS 67.715:
(Daviess, McCracken, Warren)
1. For each vacancy, the board selects two (2) names of individuals committed to the
provision of library service;
2. The names are submitted to the Kentucky Department for Libraries and Archives;
3. The state librarian and commissioner approves the names and sends the
recommendations to the local county judge-executive;
4. The county judge-executive, with the approval of fiscal court, appoints one of the two
provided names to either a full term of four (4) years or the remainder of an unexpired
term;
5. The newly appointed trustee takes the Oath of Office* before the county judgeexecutive or other judicial officer.

* The Oath of Office for library trustees may be found at www.kdla.ky.gov.

7

OFFICERS AND THEIR DUTIES

The by-laws adopted by the board should stipulate the board officers, their duties,
responsibilities, and authority. The procedure for nomination and election of officers as
well as the procedures for filling officer vacancies should also be included in the by-laws.
The Kentucky Revised Statutes identifies those officers needing to be appointed.

PRESIDENT
The president presides, guides, and ensures coverage of all topics during a meeting.
Routine business and minor items should be disposed of as quickly as possible to leave
time for discussion of important matters.
The president does not have the authority to act independently for the board. He/she may
be authorized by the board, voting in a quorum, to act on their behalf on a specific issue.
Other duties include:
Prepares, with the director, the agenda for the board meeting
[see Appendix for sample]
Starts meetings promptly at the appointed time
Signs approved minutes of the previous meeting
Signs approved payment voucher at each meeting, authorizing payment of bills
(KRS 173.540; 173.755)
Signs official board correspondence
Notifies, in writing and by certified or registered mail, any trustee of his/her
automatic resignation upon missing four (4) regular monthly meetings in any one
year of his/her term.
Appoints all committees
Signs all grant applications
Signs approved contracts
Authorizes calls for special meetings

VICE-PRESIDENT
The vice-president serves as the presiding officer in the absence of the president.

8

SECRETARY
The secretary is responsible for recording the proceedings of each meeting, though the
actual task may be delegated. The record of proceedings (minutes) are reviewed at the
next meeting, corrected if necessary, and approved (this should be noted in the current
meeting’s minutes). The secretary and the president are required to sign the minutes of
each meeting after the board approves them. [A sample set of minutes appears in the
Appendix.]
The approved minutes are the official record of board action. The minutes should be kept
in a secure place known to all members of the board and should be readily accessible.
Only that information recorded in the minutes can be considered official. The minutes
should include:
•
•
•
•
•
•
•

the nature of the meeting, whether regular or special
the time and place of the meeting
the names of those present
approval of the previous meeting’s minutes
a complete record of official action taken by the board
the record of all motions exactly as stated whether adopted or rejected
the record of adjournment (no business may be legally transacted following
adjournment or at any time when less than a quorum is present)

A regular procedure in recording motions should be followed. The following is one
suggested form:
Richard Jones moved and Melissa Smith seconded that the board authorize the
purchase of the Acme library security system as recommended by the library
director. Yeas: Jones, Smith, and Peters. Nays: Gilbert and Coates.
The secretary should also keep a note of when members arrive and leave during meetings
in order to prove the existence of a quorum whenever any action is taken.
The secretary is required to sign the payment vouchers, along with the president, after
they have been approved at each regular monthly meeting.
The secretary notifies, in writing, any trustee that has missed three (3) regular monthly
meetings in any one year of his/her term, copied to the president. A term year is the 12month period from which all appointments of a given board begin; it is not necessarily a
fiscal year or a calendar year.
All official correspondence of the board should be written on library letterhead and
signed by the president or secretary.

9

TREASURER
The treasurer is responsible for all fiscal records and controls and shall be bonded in an
amount determined by the board (KRS 173.360; 173.540; 173.755). The treasurer is
responsible for reporting on the state of the finances at the monthly meetings. The
treasurer signs checks for disbursements from the library account, upon receipt of a board
approved itemized voucher (KRS 173.360; 173.540; 173.755).
Library checks should require two signatures, one of which must be a trustee. Signature
cards at all banks should be kept current, with careful attention to removing names once
an individual leaves the library board.
It is recommended that the treasurer chair the budget/finance committee. If there is no
budget/finance committee, the treasurer should be involved in preparing the annual
proposed budget for board consideration.

10

ROLES OF TRUSTEES, DIRECTOR, AND REGIONAL CONSULTANT

Even though the board delegates the actual day-to-day operation of the library to professional paid staff, the board never gives up ultimate bottom-line responsibility for the success or failure of the library.
In providing the community with public library service, trustees, library directors, and the
KDLA regional office have related, but distinct, roles. Best results occur when all concerned recognize the relationship of these roles. The following is a comparison of the
three roles and their interrelationships:

TRUSTEES

DIRECTOR

REGIONAL CONSULTANT

OVERVIEW
Library boards have been
created by law to act as
the governing body of
the library. Thus library
trustees are public officials, and the powers
delegated to them are a
public trust. Duties and
responsibilities include
fulfilling legal responsibilities established by
statute, as well as establishing policies governing the day-to-day operation of the library. Although the board and
director must work
closely together in developing a library program, their obligation
and responsibilities are
entirely different.

The library director is responsible to the library
board for implementing
the board-adopted policies and strategic plans
for the development of
the library program. The
director recommends
needed policies for board
action; acts as a technical
adviser to the board; provides financial management of library funds;
hires, supervises, evaluates, disciplines, and fires
all personnel; and suggests and implements
plans for continually improving and extending
library services.

11

The relationship between
the local library and the
regional office of KDLA,
supported by a contractual agreement between
KDLA and the local library board, is one of cooperation and is directed
to the improvement of
library service. The regional office provides
professional assistance to
boards, management, and
staff, generally in the
form of advice, recommendation, and training.
Hands-on assistance is
available whenever appropriate and requested.

TRUSTEES

DIRECTOR

REGIONAL CONSULTANT

POLICY MAKING AND GOVERNANCE
Ensure the development
and adoption of written
policies for personnel and
library operations. Adopt
by-laws and policies for
board procedures.

Proposes policies and procedures; advises board
when revisions or additional policies are needed;
and implements all policies and procedures
adopted by the board.

Advises the board and
director of policies or policy revisions needed and
supplies samples of policies from other libraries,
ALA, etc.

Know library laws and
support legislation that
improves the quality of
library service.

Knows library laws and
supports legislation that
improves the quality of
library service.

Keeps library board and
staff informed of changes
in library laws and of proposed legislation that
would affect library
service.

Work with county and
city officials to ensure
that they understand the
value of the library and
support the services it
provides.

Provides necessary data
and/or reports to local and
state government and assists the board in explaining library services and
programs to governing
bodies.

Assists library board,
management, and staff
with the provision of information and reports to
local and state governments.

Report regularly to governing bodies and to the
state through the regional
office.

Collects and maintains
statistical data and information for reporting to
library board and regional
office.

Collects and maintains
statistical data and information for reporting to
local boards, local governments, and KDLA.

Attend all board meetings and those committee
meetings to which assigned. Carry out special
assignments p r o mp t l y .
Fo l l o w through by securing appropriate board
action.

Attends all board meetings
except those where his/her
salary is being discussed
and that part of the meeting in which the board is
discussing performance
prior to the formal evaluation process.

Attends all regular and
special called meetings
of the board. Attends
closed sessions of the
board when requested to
do so by the board.

12

TRUSTEES

DIRECTOR

REGIONAL CONSULTANT

PLANNING, MARKETING, and PUBLIC RELATIONS
Develop and adopt a
strategic plan for the
library; review and revise it at least annually.

Drafts the strategic plan
following board-adopted
service responses, goals,
objectives, and creates
plans of action for board
review and adoption.

Provides information and
training in the strategic
planning process. Facilitates strategic planning
committees through early
steps of process.

Monitor and revise goals
and objectives, as needed,
to meet changing conditions.

Makes regular progress
reports to the board and
regional office. Advises
of problems which may
delay actions as targeted.

Reviews plans and makes
recommendations to the
director and board as
needed.

Adopt a Marketing Plan for
the library; offer suggestions for refining and/or updating; and provide community feedback.

Drafts a Marketing Plan for
board adoption. Monitors
progress, revises as necessary, and involves board
and staff in promoting the
library following the plan’s
direction.

Advocates for marketing
library services; provides
information on writing
Marketing Plans.

Establish, support, and
participate in a planned
public relations program.
Keep the general public
informed about library
services and programs,
serving as the “connecting link” between the
library and the community.

Participates in planning
and implementation of a
public relations program.
The director actively
promotes the library program at every opportunity and encourages staff
to promote “good will”
for the library.

Provides training and resources for library promotion.

13

TRUSTEES

DIRECTOR

REGIONAL CONSULTANT

FINANCE
Work with the director in
the preparation of an annual written budget with
adequate justification for
each element.

Works with the board’s
finance committee and/or
the full board in preparation of budget with justifications for each element.

Provides information and
examples of written
budgets with adequate
justification. Assists in
the preparation of the
budget as requested.

Review financial reports
at each board meeting.
Monitor expenditures
line by line in relation to
budget.

On a regular basis supplies to the board financial reports that include
funds received by source,
line item expenditures,
and fund balances.

Reviews financial reports
and procedures. Provides
the board with suggestions for strengthening its
accountability as requested.

Review procedures and
records for accuracy and
completeness. Approve
monthly vouchers. Arrange for audits as required by law.

Maintains financial records
as required by state statutes
and accepted governmental
accounting procedures.
Assembles all documents
necessary for audit.

Assists director in proper
financial practices and in
developing reporting
formats and techniques as
requested.

Assure the timely preparation and filing of the
Annual Report of Public
Libraries Application for
State Support.

Prepares the Annual Report for the board, local
government, and KDLA.

Monitors annual financial
reporting of income and
expenditures provided on
the Annual Report.

Explore all ways of increasing the library’s funding:
increasing local taxes,
tapping other sources
of income, and taking
advantage of all available means of cooperation with other libraries.

Supplies facts and figures
to board to aid in interpreting library’s financial
needs; suggests ways of
expanding the budget;
and informs board of opportunities for cooperation with other libraries.

Explains methods by
which local taxes may be
increased; provides information about discretionary
grants from KDLA; and
promotes cooperation with
other libraries.

14

TRUSTEES

DIRECTOR

REGIONAL CONSULTANT

PERSONNEL
Observe all local, state,
and federal laws that
relate to current employment practices.

Keeps current on changes
in laws applicable to employment practices. Furnishes board with latest
employment information
regarding changes in local,
state, and federal law.

Keeps the board and director informed of
changes in employment laws and practices.

Establish a well-defined
hiring policy to be followed for all positions.
Ascertain that all local,
state, and federal laws are
met regarding maintenance of personnel records.

Follows the board adopted
hiring policy and establishes an employment procedure for filling staff vacancies. Advises board
when additional positions
are needed to improve the
delivery of library services.

Provides information
about employment and
interviewing techniques.
Provides training in the
legal restrictions in hiring,
especially in the interview
process. Assists in the
search and interview
process as requested.

Approve job descriptions, salary scales,
benefits package, and
personnel policies; all
should be based upon
jobs of a comparable
nature in other agencies,
businesses, or public libraries.

Creates and administers
ADA compliant job descriptions, salary scales,
and personnel policies.
Notifies staff as changes
are made. Advises board
of needed policy changes
and/or additional policies.

Provides comparative information from other
public libraries regarding
job descriptions, pay
scales, benefits available,
and personnel policies.
Assists in the formation
of policies as requested.

Employ a competent,
qualified library director
following a well-defined
search plan. Evaluate
the performance of the
library director at least
annually.

Hires, supervises, evaluates, disciplines, and fires
all personnel. Utilizes the
performance review to define and establish personal
performance goals and/or
innovative library programs.

Provides information for
the development of a new
director search plan; provides suggested performance evaluation tools and
techniques; and participates as a resource in the
director’s evaluation as
requested by the board.

[Note: the board has one
employee—the director.]

15

TRUSTEES

DIRECTOR

REGIONAL CONSULTANT

CONTINUING EDUCATION
Allow time at board
meetings to study topics
of concern to the library.
Attend library-related
workshops and conferences.

Attends
work-related
training and conferences;
encourages / requires staff
to attend appropriate
workshops and conferences.

Promotes attendance of
trustees and library staff
at appropriate libraryrelated workshops and
conferences.

Participate in orientation
programs for new trustees and encourage their
attendance.

Prepares informational
packets for all new board
members. Provides an
orientation to the library.

Provides orientation for
all new board members
on responsibilities of trusteeship in general.

Join the Kentucky Library
Association (KLA), the
Kentucky Public Library
Association (KPLA), and
the Kentucky Library Trustee Roundtable (KLTR).
Participate in conferences
to the extent possible.

Joins KLA and KPLA;
considers membership in
SELA, ALA, etc.; encourages trustees and staff to
attend conferences. Alerts
trustees of all important
meetings and workshops for
them to attend.

Promotes active memberships in professional
associations. Encourages
attendance at conferences;
encourages support staff
attendance at KPLA.

Budget adequate funds
for continued training of
staff, management, and
board members. Support
staff involvement in job
related training to the extent of authorizing closing the library if necessary.

Recommends budget allotment for trustee and
staff expenses for membership and attendance at
library-related meetings.
Applies appropriate training information and techniques to library programs and/or services.

Provides trustee and staff
workshops within the region; promotes conferences and workshops outside the region.

Be aware of and ensure
compliance with certification requirements.

Enforces certification requirements for all applicable staff.

Provides certification information. Validates staff
Annual Summations for
certification renewal.

16

TRUSTEES

DIRECTOR

REGIONAL CONSULTANT

PROGRAMS AND SERVICES
Encourage staff to apply
for grant funds for new
services/programs. Approve grant applications
as provided.

Prepares or approves
written grant applications
to improve the quality of
materials and services to
specific segments of the
population or needs of the
library.

Provides information on
competitive grants from
KDLA; provides assistance in writing grants for
special services.

Monitor the administration of the library for effective use of personnel,
quality of programs, and
materials.

Organizes and administers
the daily operation of the
library under the direction
and supervision of the
library board.

Provides information and
training in methods of
organizing and administering the daily operation
of public libraries.

Explore all possible methods for delivery of library
services and programs, including electronic resources. Be innovative!

Keeps the board informed
about current trends in
service and explores ways
of implementing new
services.

Recommends programs
and services to the director and board.

Promote and support outreach services via bookmobile, delivery vehicle,
branches, etc; monitor
usage at outlets.

Markets outreach services
to appropriate clientele in
the service area. Reports
usage at outlets to board.

Provides information concerning outreach services
to director and board.

Know about all the services of the Kentucky
Department for Libraries
and Archives (KDLA).

Uses the services and
programs offered by
KDLA.

Promotes the services of
KDLA, including but not
limited to: the Talking
Book Library, AudioVisual Services, Children’s and Youth Services, etc.

Know about and use the
services offered by the local KDLA regional office.

Uses the services and programs offered by the local
KDLA regional office.

Continually provides information concerning all
regional services.

17

LOCAL INFORMATION

New trustees will be provided the following information by the local library director
and/or local trustees:
Date and time of meetings
Length of appointment (date term begins and expires; all members of the
board will have the same day and month for expiration, only the year will
differ and no more than two should expire in the same year)
Board member names, addresses, telephone numbers, email addresses, and
term expiration dates
Officers of the board
Names of director and key staff
Organizational chart, if applicable
Brief history of the library
By-laws
Board policies
Library policies (personnel and operations)
Board packets from preceding six (6) months’ meetings
Latest Annual Report
Current budget
Method of funding
Library brochures, newsletters, calendar of events, etc.
Hours of operation
Community Outreach services
Strategic plan

A tour of the library (and branches if applicable) with introduction to the staff should also
be provided.

18

FUNDING
State Aid
Since 1952 the Commonwealth of Kentucky has provided state aid grant assistance to
Kentucky public libraries. Although the funding formula has changed significantly over
the years, public libraries continue to receive state aid funding as appropriated by the
General Assembly and distributed by the Kentucky Department for Libraries and
Archives. The formula is calculated on a base grant plus a per capita amount based on
the latest official census data.
Each library’s Annual Report of Public Libraries Application for State Support is also its
application for the next funding cycle of state aid. The deadline for filing this application
is August 15th of each year. State aid checks are mailed directly to the library on an
annual basis. The funds may be used for:
• Purchase, upgrading, and maintenance of the technology necessary to
enable the staff and the public to have access to electronic information
• Library materials and supplies
• Equipment
• Maintenance and operation of bookmobile and extension programs
• Staff training and compensation
• Building maintenance
• Debt service
• Resource-sharing
• Program development
• All other local library needs and services
Libraries are expected to meet these minimum requirements to be eligible for state aid:
1. Library must be legally established
2. Service must be provided countywide
3. Staff requiring certification must be certified
4. Library should be open a minimum number of hours per week based upon population
5. Library must have adequate space for operation
6. Library needs to show evidence of advancement each year through as many as
possible of the following:
(a) Good rapport with local government
(b) Increase in local support
(c) Purchase of local library material and needed equipment
(d) Increased training for library staff
(e) Increased hours of operation (where needed)
(f) Better planned bookmobile and/or extension service
(g) Improved library building(s) and maintenance
(h) Programs for all segments of the public
19

7. Local income must not be reduced
8. Library boards must meet monthly on a regularly scheduled basis
9. Library must apply for state aid by so indicating on the Annual Report of Public
Libraries Application for State Support

Discretionary Grants from KDLA
While state aid grants are awarded to every public library as long as the state legislature
continues to appropriate the funds, KDLA also offers various competitive and/or
discretionary grants. Each grant opportunity is announced well in advance of the
respective deadline and libraries are urged to apply.
While many grants require some percentage of local match, others do not. Subject
emphasis may vary from time to time as well, while others remain stable. Typical
competitive grants include:
Automation
Bookmobile or other method of extension service
Construction Debt Retirement
Early Childhood Development
Graduate Library School Tuition Reimbursement
Library Innovation
Public Library Programming
School/Public Library Cooperation
Note: Libraries are urged, with each grant check they receive through the Kentucky
Department for Libraries and Archives, to use the opportunity to publicly thank their
state legislators. Many schedule formal check presentations with local media present.

Local District Tax
Public libraries established as taxing districts, (KRS 173.470, KRS 173.710, KRS 65.182,
or KRS 67.715), receive the majority of their funding from the taxes collected for them
by the sheriff. Each library board annually sets its tax rate according to the provisions of
House Bill 44. (This is a minor adjustment based on providing a ceiling for tax income
growth over the previous year.) Official forms and information on the rates available to
the board are sent each year by KDLA. Once the legal requirements for setting the
chosen rate have been met (the local Regional Consultant can help with these) and the
form filed with the appropriate office, the tax is authorized for collection. Most taxing
districts receive the majority of their anticipated annual income in one or two large
checks; smaller amounts are collected throughout the year. Funds are usually invested
according to the individual library board’s investment policy.

20

Taxing districts may increase their tax rate significantly by the same method by which
they were established. (Example: a district established by ballot would increase by
ballot; those by petition would increase by petition.) The statutes governing this activity
are very precise, and the board may wish to ask the local Regional Consultant for
technical assistance in undertaking such a project.

Local General Appropriation
Public libraries established as a unit of local government (KRS 173.310) receive the
majority of their funding from that government’s general appropriation in twelve monthly
installments.

Federal Grants
Support for statewide services to all Kentucky public libraries, and startup funding for
innovative projects is provided through the Library Services and Technology Act
(LSTA). The federal program has two broad purposes: to encourage library technology
and networking among all types of libraries; and to provide assistance to those having
difficulty in using libraries.
These federal funds are administered by the Kentucky Department for Libraries and
Archives. Cooperation among libraries is a major theme of the subgrant program
supported by LSTA funds. Several of the competitive discretionary grants listed above
are funded through the LSTA subgrant program.

Fundraising
The library board may find that state support and local funding are not sufficient to fund
all services and programs of the library. The board should examine other fundraising
options, such as special fundraising events, direct grants, or soliciting donations. Before
starting a major fundraising campaign or establishing an endowment fund or foundation,
the library board should consult its attorney to avoid violation of any state or federal laws
on soliciting charitable donations.
Many libraries, rather than be directly involved in fundraising events, work with a local
Friends of the Library group or library foundation. Such groups, usually with 501 (c) (3)
status, maintain their own treasury and use their proceeds to fund specific projects at the
library.

21

BOARD COMMITTEES
The board may establish or abolish standing committees as necessary.
The many and complex issues with which the library board will be working cannot
always be handled efficiently by the full board. Many of those issues may be handed to
board committees for study and recommendation to the full board. Such committees may
include members that are selected from outside the board so that additional expertise can
be utilized. Involving non-board members also builds ownership for the library’s mission
and opens a new avenue of communication with the community.
Whatever the name or type of committee, the only purpose it serves is to expedite the
work of the board. Committees are not autonomous groups with loose connections to the
board, but are simply extensions of the board and always responsible to the full board.
Committees have no power or authority beyond what is granted to them by the full board.
The only action committees can traditionally take is to study an issue and make
recommendations to the full board about the assigned issues.
Each library will have different needs for committees and those needed will vary over
time. Some typical committees are:
•
•
•
•
•
•
•

Technology Committee
Budget Committee
Building Committee (can be construction or maintenance)
Personnel Committee
Planning Committee
Policy Committee
Public Relations Committee

22

THE TRUSTEE AND INTELLECTUAL FREEDOM

Intellectual freedom is a major concern of libraries. Individuals or groups may attempt to
censor library materials that they feel are objectionable. The library board, as the trustees
of the library, has the responsibility of championing the cause of intellectual freedom,
including fighting all censorship efforts. This can be a difficult and uncomfortable
responsibility to carry out, but it is necessary for the proper functioning of libraries.
The selection of library materials is an essential process, which is strongly related to
intellectual freedom. The board must adopt a written materials selection policy for the
library, which reflects the library’s mission and goals. It should also clearly support the
right of all members of the community to have access to a wide range of materials,
including items which some people might find to be objectionable.
In some cases, persons objecting to library materials may attempt to persuade the library
to remove those items. To deal with these attempts, the library board should adopt a
policy and procedure for hearing complaints. KDLA, through its regional office, can
provide direction for both the policy writing and the development of a complaint form.
Some protests about library materials result in persons appearing at regular board
meetings to present their points of view. The Kentucky Open Meetings Act requires
boards to give any members of the public the right to attend the board meetings. This is
not an unlimited right, however, and a board may adopt reasonable rules to limit the
length of presentations. Such rules avoid catering to long-winded orations, while still
respecting free speech and democratic participation of the citizenry.
Handling a censorship attempt can be an uncomfortable experience and the board must be
prepared. Trustees should have a good knowledge of the laws regarding intellectual
freedom. They should also know about the Library Bill of Rights, the ALA Freedom to
Read Statement, and other ALA Intellectual Freedom statements. Board members should
be emotionally prepared to withstand the potential heat generated by questions from
censors. They should know how to defuse unnecessary conflicts and how to deal with
conflicts which cannot be avoided. They need to possess the courage to defend the right
to read, even when many angry citizens despise the values reflected by the material under
attack—even when they themselves despise those values.
Censorship attempts are on the rise in libraries, and Kentucky is no exception. There
have been attempts by individuals and organizations to have library materials removed.
Boards must be prepared to assume “trustee” responsibility, including the duty to protect
and advance intellectual freedom.

23

THE TRUSTEE AND SPECIAL PROJECTS

Periodically the library board will have to make “big ticket” decisions to keep the library
up to date—especially in technology and facilities—and possibly face the task of hiring a
new library director.

Technology:
Library automation projects are important for upgrading the efficiency of library services,
but they are only the beginning. A viable library will need to keep current with the rapid
changes in technology as well as continually upgrading equipment for both the public and
the staff. Technology, whether basic or enhanced, is a complex area and often requires
hiring a consultant or creating an Information Technology staff position. Technology is
more than just OPACs and Internet access: it also involves e-books on iPods and MP3
players, video conferencing, continually updating the library’s webpage, RFID, RSS or
XML, VoIP, and a plethora of equipment we have not even dreamed of yet.
Not all technology-related issues facing the library are computer-based. Simply
providing the bookmobile with a cellular phone is an example of low-tech equipment that
can significantly increase the safety and efficiency of library outreach personnel.
While KDLA cannot recommend brand names, it does offer assistance in determining the
specifications needed by the library. An Automation/Technology Consultant is available
full-time to answer questions from libraries.

Hiring a Library Director:
Selecting the library director is arguably the single most important task any library board
will undertake. The director they choose will set the course for the library’s current and
future place in the community and be the key element in public goodwill, which will in
turn, translate to the funding necessary for the library to grow and prosper.
The actual procedure can be daunting, as there are many legal issues to consider during
the hiring process. The scope of such an undertaking is too great to cover in a manual
designed for general trustee orientation and instruction, but KDLA has Regional
Consultants upon which any board may call for detailed, step-by-step administrative
assistance from advertising the opening through conducting a lawful, nondiscriminatory
interview through orientation for newly appointed directors.
Ideally the board will have enough advance notice of an impending job opening to allow
adequate time to enlist whatever assistance is needed to help ensure a good selection is
made. Regardless, this is not a process through which a board should rush.
24

Construction:
The construction or remodeling of the library building is one of the most exciting and
ambitious projects that a library can undertake. Careful planning is essential to a
successful building program.
The library’s initial step is the formation of a building team which can draw in a variety
of individuals when their expertise is needed. The basic building team usually consists of
the library director and key staff, selected board members, appropriate government
officials, the architect, and later, the building contractor. If the library has been awarded
a KDLA construction debt retirement grant, both the local Regional Consultant and the
KDLA Construction Consultant must be included on the team. Even if the library is
working without any KDLA funds involved in the project, a library is encouraged to ask
for advice from KDLA’s experienced staff.
The library’s building team prepares a carefully written building plan that will become
the architect’s guidebook to creating the uses and functions that are desired by the
individual library. This building plan is a description of the library’s:
•
•
•
•
•
•
•
•

mission, goals, and objectives
service area and population
service statistics
existing and projected services and collections
projected need for space, equipment, and furnishing
function and area relationships
technical requirements
other local needs or requirements

Hiring the right architectural firm is the most critical step in a successful building
program. While experience with library design is very important, rapport and the ability
to communicate between the architect and the library’s building team are also highly
desirable. The architect should be free to create an individual design but should also
receive a great deal of input from the team regarding the library’s specific needs.
Financing a new or expanded facility is always a major concern. Some options for
funding include securing a loan, floating a bond, or community fundraising. Many
libraries will face the need to increase the district tax in order to retire the debt. Setting
aside part of the library’s operational fund each year as a “capital improvement” or
“building fund” line item may be a prudent step to take early in the planning to plan
stage. KDLA offers construction debt retirement grants, covering a period up to 20
years, as funds are available.
It is not possible to over-prepare for a building project. Building projects can be
frustrating and time-consuming, but they allow the library staff and board to take on the
exciting challenge of planning for the community’s future library service. The rewards,
like the challenges, are great.
25

REMOVAL OF TRUSTEES

Individual trustees may sever their relationship with the board on which they serve
simply by resigning. For taxing district libraries, a letter of resignation should be sent to
the President of the Library Board or, if that is not feasible, the Vice-President. For
libraries established as a unit of local government, the letter of resignation is sent to the
County Judge-Executive (county government) or the Mayor (city government).
Regardless of establishment the trustee does not resign to the Library Director, their
employee, but to the board or appointing authority.
A three-month notice of intent to leave the board should be given if at all possible. This
allows a replacement to be appointed and all seats on the board filled without
interruption.
There may be circumstances whereby a board may wish to have a member of the board
removed against that member’s will. The methodology depends on the statute under
which the library district was established.
Units of Local Government:
KRS 173.340 (4) determines a trustee may be removed only by vote of the legislative
body of the respective governmental unit from which s/he was appointed—Fiscal Courts
for counties; City Councils for cities.
Taxing Districts by Ballot or Petition:
Trustees may be removed from the Library Board under the provisions of KRS 65.007,
which provides for removal by the appointing authority after a hearing with notice for
inefficiency, neglect of duty, malfeasance or conflict of interest. The hearing is initiated
and chaired by the appointing authority, who shall prepare a written statement of the
reasons for removal. The trustee to be removed must be notified, with reasons given, by
registered mail at least ten (10) days prior to the hearing. The trustee to be removed may
employ counsel to represent him/her. A record of the hearing shall be made by the
appointing authority.
When the appointing authority is the county judge/executive, the removal shall be subject
to approval of the fiscal court.
A trustee so removed may appeal, within ten (10) days of the decision, to the Circuit
Court of the county of the appointing authority. The scope of the appeal shall be limited
to whether the appointing authority or the fiscal court abused their discretion in removing
the trustee.

26

RECURRING DEADLINES

January 31

Certification Annual Summation of Learning Activities for
previous calendar year due to KDLA Regional Office

February 1-28

OSHA 200 Form must be posted the entire month

May 1

UFIR due to Governor’s Office for Local Development

June 1

Budget for upcoming fiscal year due to County Court Clerk

August 15

Annual Report for fiscal year ending June 30 due to KDLA
Regional Office

August 29

District Descriptive Information printed in local newspaper of
record (in accordance with KRS 424.220) -- name and address of
the library; names and home addresses of board members, name
and business address of library director, and either a statement of
availability of financial records at the library – or – a summary of
the budget categories

45 days later
from certification

Taxing Districts only: Each year your county’s PVA submits
property valuations to the Revenue Cabinet where they are
eventually accepted. Once these figures have been certified, there
is a 45-day deadline in which to have tax rates set and the
notarized rate information filed with the County Clerk’s office.
Each library will receive information regarding their tax rate
choices from KDLA as soon as the assessment figures are received
by KDLA from Revenue and computed. A copy of the tax rate
certification must be submitted to KDLA after it is filed with the
Clerk’s office.

October 1

Taxing Districts only: Tax rate for Motor Vehicles and Watercraft
due to Office of Property Valuation in Frankfort [Note: this rate
cannot be changed, therefore, it does not require a vote of the
board before submission.]

Within 60 days
of appointment

Newly appointed trustees are required (KRS 15.257) to be given
copies of Your Duty Under the Law and Managing Public Records
within 60 days of appointment and sign a Receipt of Signature
form. This form may be found at http://ag.ky.gov/civil/alert.htm
and is filed with the County Judge-Executive’s office.

27

ACRONYM / GLOSSARY

ALA

American Library Association
The oldest and largest national library association in the world. Its
concern spans all types of libraries: state, public, school and academic
libraries; special libraries serving government, commerce and industry, the
arts, the armed services, hospitals, prisons, and other institutions. More
information may be found at www.ala.org.

ALTA

Association for Library Trustees and Advocates
A division of ALA which supports, encourages, and provides information
for trustees and advocates of libraries. For more information go to:
www.ala.org/ala/alta/alta.htm.

CE

Continuing Education
Continued training is necessary for library staff to increase their skills and
knowledge and keep abreast of development in the information age. This,
in turn, upgrades the library profession, enriches the individual librarian,
and promotes quality library service.

Certification
A method of assuring qualified staff in public libraries. KRS 171.240 states
that KDLA shall have a state board for certification of librarians. No library
coming under the provisions of KRS 171.230 to 173.300 shall have in its
employ, in the position of librarian, or in any other full time professional library
position, a person who does not hold a certificate of librarianship issued by the
board. A certification manual is available from the Board for the Certification
of Librarians or at www.kdla.ky.gov/libsupport/certification/manual.pdf.
Data Conversion
The process of turning non-machine readable library records [catalogue
cards, patron files, etc.] into a machine-readable format.
e-Book

electronic book
A book published and available in electronic form; maybe downloaded to
a computer or a portable device.

e-Rate
A federal program that reimburses libraries for certain telecommunication
costs.

28

FOLUSA

Friends of Libraries USA
Friends of Libraries USA’s mission is to motivate and support state and
local library support groups across the country in their efforts to preserve
and strengthen libraries, and to create awareness and appreciation of
library services. For more information go to: www.folusa.com

Friends of Libraries
Local Friends chapters exist nationwide to assist libraries in fulfilling their
mandates by fundraising, promotion, and support.
GLI

Gates Library Initiative
The Gates Library Initiative was founded in June 1997 by Microsoft CEO
Bill Gates and Melinda French Gates to partner with public libraries in
bringing access to computers and digital information to patrons in lowincome communities in the United States and Canada. More information
is at http://www.gatesfoundation.org/Libraries/USLibraryProgram/.

ILL

Inter-library Loan
A service that allows you to borrow materials from other libraries through
your own library.

KAR

Kentucky Administrative Regulations
Regulations created by the Executive Branch of the Commonwealth of
Kentucky.

KDLA

Kentucky Department for Libraries and Archives
A state government agency providing leadership and support for the
development and maintenance of a system of library services throughout
the state. For more information go to www.kdla.ky.gov.

KLA

Kentucky Library Association
A membership organization of persons interested in promoting and
improving all types of library service in the Commonwealth of Kentucky.
For more information go to www.kylibasn.org.

KLTR

Kentucky Library Trustee Roundtable
A part of the Kentucky Library Association and the Kentucky Public
Library Association dedicated to trustees and their issues.

KPLA

Kentucky Public Library Association
A section of the Kentucky Library Association to which public librarians
and trustees usually belong.
29

KRS

Kentucky Revised Statutes
The laws of the Commonwealth of Kentucky.

KTBL

Kentucky Talking Book Library
A collection of tapes and some Braille books for the seeing impaired or
physically unable to hold a book, with professional reader’s advisory
service, provided free of charge.

KYVL

Kentucky Virtual Library
An electronic, “virtual” library that uses the Internet to provide equitable
access to quality databases and connections to information resources
worldwide, and provides qualified well-trained staff to support the
Kentucky Virtual University.

KYVU

Kentucky Virtual University
The Kentucky Virtual University, created with passage of the Kentucky
Postsecondary Education Improvement Act of 1997, will be a studentcentered, technology-based system for coordinating the delivery of
postsecondary education to meet the needs of citizens and employers
across the Commonwealth.

LSTA

Library Services and Technology Act
Funds appropriated by Congress to complement state library funding.

MARC

Machine Readable Cataloguing
Format in which the library’s cataloguing records must be in order to
convert them to electronic access, thereby automating the circulation and
the card catalogue.

MLS

Masters Degree in Library Science
A graduate degree for professional librarians.

NLW

National Library Week
A national observance sponsored by ALA and libraries across the country
each April to celebrate the contributions of our nation’s libraries and
librarians and to promote library use and support.

OCLC

Online Computer Library Center
An international database of cataloguing records of library holdings.

30

OPAC

Online Public Access Catalogue
The electronic version of the card catalogue.

Public Library
Under Kentucky Revised Statutes, a public library means a free public
library supported in whole or in part with money derived from taxation,
and governed by a board. The Federal-State Cooperative System (FSCS)
definition states that a public library is an entity that is established under
state enabling laws to serve a community, district, or region and that
provides at least the following: an organized collection of printed or other
library materials or a combination thereof; paid staff; an established
schedule in which services of the staff are available to the public; the
facilities necessary to support the collection, staff, and schedule; and is
supported in the whole or in part with public funds.
Standards
Criteria developed by KDLA and KPLA suggesting certain minimums
deemed essential for proper operation of libraries.
State Aid
It is the intent of the General Assembly to establish a method of providing
direct state aid to local public libraries in order to assure their continued
existence and to enhance their services for the benefit of the citizens of the
Commonwealth (KRS 171.2001). This is in the form of cash grants, as
appropriated by the legislature.
Strategic Planning
Strategic planning is a disciplined effort to produce fundamental decisions
and actions that shape and guide what a library is, what it does, and why it
does it, with a focus on the future.
SRP

Summer Reading Program
Centered around a theme, with manuals and promotional materials, each
library designs its own program to enhance reading skills among school
age children during their summer break.

UFIR

Uniform Financial Information Report
This report of financial information is required of all taxing districts
annually. It is submitted to the Governor’s Office for Local Development
by May 1st.

31

APPENDIX

Sample Letter Requesting Trustee Appointment
Sample Agenda
Sample Minutes
Checklist of Policies

Library Letterhead

Date
Mr Wayne Onkst
State Librarian and Commissioner
300 Coffee Tree Road
P O Box 537
Frankfort KY 40302-0537

Dear Commission Onkst:
Since the terms of _____________ and ___________ of the __________ County Public
Library are due to expire June 30, 20__, we hereby submit the following names for your
approval:
Choice Number One
Street/Box Address
City, KY zip

Choice Number One
Street/Box Address
City, KY zip

or

or

Choice Number Two
Street/Box Address
City, KY zip

Choice Number Two
Street/Box Address
City, KY zip

Please send us a copy of your official approval for our files.

Sincerely yours,

Name of letter writer
Position of letter writer (ideally should be Board Secretary, but may be delegated)

i

SAMPLE AGENDA

XYZ Public Library
Regular Monthly Meeting Agenda
January 12, 2006
7:00 PM
My Town, Kentucky
Call to order

by President of the board or presiding officer

Public comment

allows visitors to make comments to the board

Approval of minutes

requires a motion, second, and vote;
mailed prior to meeting

Financial report and approval
of disbursements

requires a motion, second, and vote;
may be given by bookkeeper or treasurer;
mailed prior to meeting

Business:
Nomination for trustee vacancy
Review of Strategic Plan progress
Internet Policy revision
Construction Grant

items for board consideration; note order
item of relative simplicity
complex item; detailed discussion likely
controversial item; debate likely
item of relative simplicity

Reports: [most reports may be mailed in meeting packet prior to meeting date]
Regional Consultant
by Regional Consultant
Library Director
by Library Director
Key Staff
by key staff member(s)
Friends of the Library
by Friends President
Board Committee(s)
by committee chairs
Next meeting date: _______________

gives date and time of next meeting

Adjourn

requires a motion, second, and vote

Note: light refreshments will be served

optional; varies by library
ii

[Note: In the actual agenda provided for the meeting, the items of business should have brief descriptors
and/or background information to facilitate their discussion. The order reflects a “warm up” item, followed
by the ones likely to require the most discussion, and ending a “cool down” item. This allows discussion of
the important items while everyone is highly engaged and before anyone who must leave early has left the
meeting.]

SAMPLE MINUTES

XYZ Public Library Board
Minutes of the Regular Board Meeting
January 12, 2007
7:00 PM
XYZ Public Library, My Town
The meeting was called to order at 7:02 by Bonnie Gilbert, President. Attending were:
Bonnie Gilbert, President; Park Peters, Vice President; Lora Oliver, Secretary; Marc
Lawrence, Treasurer; Marian Booker, Library Director; and Roberta Sparr, Regional
Consultant. Absent was Abbe Stashower.
Public Comment:
Fred Howser, representing the local historical society, requested permission to display
World War II mementos that include several Nazi items.
Secretary’s Report:
Moved by Lawrence that minutes of the December 8, 2006 meeting be approved as
mailed. Seconded by Peters. Motion passed unanimously.
Treasurer’s Report:
Moved by Oliver that the monthly report of expenditures be approved. Seconded by
Peters. Passed unanimously.
Business brought before the board:
Nomination for trustee vacancy.
Abbe Stashower’s second term on the board will expire April 30. Each board member will
bring at least one name for discussion next month. This appointment needs to come from
the north end of the county, if possible, and someone with marketing skills is desired.
Review of Strategic Plan progress:
The strategic plan called for a homework help center to be operational by the end of the
calendar year. Director Booker reported that the cost of Tutor.com, the foundation of the
proposed center, had more than doubled since quotes were received last year. The budget
was not sufficient to cover this cost. Oliver asked if donations had been sought to cover the
additional cost. None had due to recent requests for Summer Reading Program funding.
Sparr suggested the library apply for a KDLA grant to obtain funding for this project, but
reminded everyone that these are highly competitive. Peters suggested the board approach
the school system and the fiscal court to see if funds might be obtained from their budgets.
Gilbert will meet with Director Booker to draft a letter requesting assistance in funding the
project.
Progress on the development of a parenting collection housed near the children’s area is
ahead of schedule and should be operational by the end of February.

iii

Internet Policy revision:
Director Booker distributed copies of the library’s current Internet Policy. After much
discussion on the library’s Internet Usage policy, action was tabled until next month. Gilbert
requested Booker include a draft revision reflecting the discussion in the next meeting packet.
She also asked Regional Consultant Sparr to research what other public libraries of comparably
size, especially in state, have encountered and how they have addressed it. This information is
to be emailed to all trustees and the director in advance of the next meeting so they may study
it.
Construction Grant:
Application forms for a state construction grant have been requested from KDLA.
Other items of business:
Gilbert reported she had been contacted by the My Town Garden Club. They wish to
landscape the courtyard, at their expense, with plants native to Kentucky. Director Booker
raised the issue of any plants being poisonous since story hour children often play there and
might ingest plant material. Moved by Peters to accept the offer with the stipulation that
nothing harmful be included. Seconded by Oliver. Voting for the motion: Peters, Oliver,
Gilbert. Voting against the motion: Lawrence. Motion carried by majority vote.
The request by the Our County Historical Society to set up a WWII memorabilia exhibit
was discussed. As the exhibit meets the qualifications for eligibility in the library’s
display/exhibit policy, permission was granted without a vote.
Regional Consultant’s Report:
The annual Trustees’ Workshop and Dinner has been scheduled for April 6th at the
Anytown Community College. The topic will be Legal Liabilities for Trustees. Details
will follow; all trustees are urged to attend.
Friends of the Library Report:
There was no report.
Director’s Report:
Director Booker distributed a written report of activities and contacts [copy on file].
The upcoming Local Officials’ Breakfast is scheduled at the library for February 10th.
Staff will provide a potluck breakfast; trustees are requested to participate.
Committee Reports:
There were no committee reports.
Adjournment:
There being no further business, a motion was made at 8:35 PM by Park Peters to
adjourn. Seconded by Marc Lawrence. Passed unanimously.
Next Meeting: February 9, 2007; 7:00 PM; My Town Public Library
______________________________

______________________________

President

Secretary

iv

CHECKLIST OF POLICIES

Library boards need to adopt policies that speak to the operation of the board itself,
personnel policies for library staff, and operational policies that govern the operation of
the library. The local Regional Consultant can assist in a number of ways—from finding
similar policies among other libraries to actually helping formulate a given policy. The
following is a recommended list of policies that every board should have:
Board Policies
Board organization
Director responsibilities and functions
Board meetings
Library finance
Employment policies
Board officers
Committees of the board
Library facilities
Personnel Policies
Employment Practices:
Employment procedure
Educational qualification
Equal opportunity
Americans With Disabilities
Volunteers
Evaluation of staff
Grievance procedures
Termination of employment
Resignation
Dismissal
Retirement
References
Compensation:
Work week
Salary / wage payment / payroll deductions
Time cards
Conflict of interest
Employment of relatives
Promotions and raises
Meal periods and breaks
Absenteeism and tardiness
Overtime
v

Benefits:
Insurance
Retirement
Holidays
Vacation leave
Sick or personal leave
Bereavement leave
Citizenship leave: voting, jury duty, subpoena, military leave
Leave without pay (including FMLA if required or desired)
Employee Expenses:
Expense reimbursement (including travel)
Continuing Education: classes and workshops
Conferences and meetings
Professional memberships
Workplace conduct and safety:
Drug Free Workplace (substance abuse)
Smoking
Sexual harassment
Internet/email use
Workplace violence
Extreme weather / emergency conditions / emergency notification

Operational Policies
Use of building and/or equipment
Meeting room
Exhibits / displays
Public access computers / Internet
Collection development (including Materials Selection)
Gifts, donations, and memorials
Circulation
User behavior
Concealed weapons
Complaints
Unattended children
Accident, disturbance, vandalism
Confidentiality of patron records
Purchasing, selling, and retention
Procurement
Disposal of surplus property
Sales / solicitations in the library (local author, Hospice, etc.)
Cooperation with other libraries

vi

OATH OF OFFICE

I, ___________________________________, do hereby solemnly swear that I will
support the Constitution of the Commonwealth of Kentucky, and to the best of my
ability I will perform the duties and accept the responsibilities of Trustee of the
________________________ Public Library and that I will observe all the laws relating
to said office of Trustee now in force or which may hereafter by enacted during my term
of service.

Signed ____________________________
Trustee

Subscribed to and sworn to before me this _______ day of _________________, 20___

Signed ____________________________
President

Signed ____________________________
Judge or Certifying Officer

Kentucky Department for Libraries and Archives
An agency of the Education Cabinet

“Serving Kentucky’s Need to Know”