Public Library District Toolkit: Strategies to Assure your Library’s Legal and Financial Stability

Association Libraries and Trustee Elections 

The New York State Regents Commission on Library Service Final Report states: In making the transition to Public Library Districts, libraries can choose from a number of models, including an Association library serving a school district with a public vote on the library budget and trustees.

Typically, associations utilize the provisions of Education Law 259(1)(a) and request a school district vote on the annual operating budget or a municipal ballot through the provisions of Chapter 414 (Education Law 259(1)(b)) Additionally, Association Library bylaws should be amended by the library board of trustees to ensure that all eligible voters within the library’s service area belong to the library association and participate in annual elections to select library trustees. If possible, it is preferable to hold the annual trustee election at the time of the vote on the library’s budget. In reality, this may be problematic, as explained below, and the methodology of holding such a “public vote” varies greatly throughout the state.

Background:

Association Libraries are legally considered private not-for-profit education corporations which are tax exempt. Historically, such libraries were governed by a Board of Trustees that selected its own successors. Many libraries continue to successfully operate in this manner. This may be acceptable when most of these libraries received their primary funding from private sources. But today, nearly all Association Libraries in our state rely heavily on local tax support. It is a fundamental principle of our nation that those who are taxed should select their representatives to govern.

Association Library Boards have great scope in their authority to amend their by-laws. This includes the determination of who are “members” of the association, as well as who may vote to elect members of the Board. Nearly all Association Library charters define the “members” of the Association as the initial Board. Yet the charter also gives this Board the right to amend its by-laws. Over the past fifty years many Association Library Boards in our state have done so. Most have defined association members as “residents of the district”, ie. area served. And “residents of the district 18 years or older” are eligible to vote on trustee representation. These definitions meet the state standard. Yet there are still a number of ways that trustee elections may be held. Below are a few examples.

School District Votes:

Example #1: Library Budget vote on School district ballot; separate trustee election at the Library at a different date.

This is the most common approach since the school board has the right to set the time and place for the vote; usually it will coincide with the next school district election. However, there is no authorization in law for the school district to hold the elections for Library Trustee. Typically the Library holds the election at the “Annual Meeting of the Association.” Since the Library By-Laws would broadly define the members, all are invited to the meeting and may vote on any appropriate issue. Best practice suggests holding such a meeting several months before the school district vote. Variations of this approach utilize mail-in ballots and/or “proxy” voting over a several week period.

Sample Bylaws: The Bryant Library Association – Roslyn

Example #2: Library Budget vote via school district ballot at the Library; separate trustee election held at the same time and location.

Another common practice is for the library to request the vote to be held in the library on a separate date as a special school district election. This is especially helpful for budget planning purposes since the vote may be held in the early fall, depending upon the jurisdiction’s tax collection schedule. Though the school district is under no obligation to comply with the request, school district officials may find it is in their best interest to keep the library budget vote separate from the school district budget vote. However, the school district can request reimbursement for any expenses incurred. Though a few school districts permit the trustee names to be placed on the official ballot, the school district has no mandate to hold the Library Trustee election. In those cases the Library simply holds the election simultaneously in a separate location in the building.

Sample Bylaws: South Country Library- Bellport

Chapter 414 Municipal Votes:

There is no provision for the election of library trustees within Education Law 259.1(b), (Chapter 414). Therefore, the election of trustee must take place as noted in Example #1, above. Typically the Library holds the election at the “Annual Meeting of the Association”. Since the Library Bylaws would broadly define the members, all are invited to the meeting and may vote on any appropriate issue. Best practice suggests holding such a meeting several months before the municipal vote. Variations of this approach utilize mail-in ballots and/or “proxy” voting over a several week period.