A Manual for Vermont Library Trustees, 4th ed.

 

A MANUAL FOR 

 

VERMONT

 

LIBRARY TRUSTEES

4th edition

 

by Marianne Kotch
Director, Public Library Support Services

 

DEPARTMENT OF LIBRARIES
Montpelier, Vermont
December, 2007

 

 

This program supported by the Institute of Museum  and Library Services, a federal agency, through the Library Services and Technology Act as administered by
the Vermont Department of Libraries.

 

 


 Contents

Acknowledgements
What does it mean to be a trustee?

           Things every trustee should know
           What type of library do you have?
 What does a trustee do?
           A simple checklist for trustees 
           What should your librarian do?
           Policymaking
           Money matters
                Basic glossary
                Fund raising
           Personnel issues
                Hiring a new library director
                Suggested interview questions 
           Planning for the future
           Community relations and advocacy
           Building and grounds issues
                Library image checklist

The business of the board
        Board meetings
                Public Boards and Electronic mail
        Orienting new trustees
        By-laws
        Is what you're doing ethical?

    Appendix A – Resources for trustees 
    Appendix B
A Guide to Open Meetings
    by Deborah Markowitz, Vermont Secretary of State   
 


 Acknowledgements

    Many people contributed to the creation of this manual.  Montpelier attorney and former Deputy Secretary of State, Paul Gillies, offered invaluable suggestions and clarifications.  Vermont Board of Libraries and VLTA Steering Committee members, notably David Brown, Linda Williamson, Joan Rahe, Marcia Devino, and Dottie Bergendahl read drafts and offered improvements.  Department of Libraries staff offered pieces:

  • Michael Roche discovered the building image checklist
  • Rob Geiszler developed the finance glossary and offered some of the ideas in the financial section
  • Amy Howlett developed the interview questions

    Thanks to you all and to all the trustees and librarians who have had the courage to ask questions that resulted in this manual.

 

Please feel free to copy all or part of this manual for use in your library. 
Copies are also available online at:
http://www.libraries.vermont.gov/libraries/trustees

 

This information is intended as a reference guide. and is not intended to replace the advice of legal counsel.

 


 WHAT DOES IT MEAN TO BE A TRUSTEE?

            As a trustee, you are an essential link between your community and its public library.   You have the power to make your library a vital, active force in the life of many.  The person you choose to be the library's director, the funds you control, the building you care for, and the policies you set all impact how the community uses its library.  You, your fellow board members, the staff, volunteers, and Friends all make a team that supports a vital service that can transform lives.

            Because Vermont has more public libraries per capita than any other state, it also has more trustees per capita.  More than 1,000 trustees set the tone for public library service statewide and represent a mighty advocacy group for those services.  Vermont library trustees, like library customers, come from various social and cultural backgrounds, levels of education, professions, and beliefs. 

           Today's Vermont is changing.  While our surroundings are still bucolic, our people share the needs and interests of most Americans - technology, diversity, a desire for a sense of community and family, and economic uncertainty.  The public library can help people meet the challenges facing our world.  

           In 1931, S. R. Ranganathan wrote his Five Laws of Library Science:

      1. Books are for use.
      2. Every reader his book.
      3. Every book its reader.
      4. Save the time of the reader.
      5. The library is a growing organism.

 These underlying principles are still relevant today:

      1. Surely everything in your local library should be of use or you should question keeping it.
      2. At the same time, every individual in your community has different interests which the library staff should respect when providing materials for the community.  
      3. Of the thousands of materials available in many formats today, all are of interest and must be sifted through when purchasing ones that best suit the community. 
      4. Public libraries should be convenient and easy for all to use.  No one should have to work hard  to receive service.
      5. Expect change.  In order to remain relevant, your library should be different than it was even a few years ago.

             As a trustee, you will learn new skills and hone ones you have.  You will enjoy and grow working with like-minded people and helping to shape a service that can touch the lives of many of your neighbors and of generations to come.  It will be a lot of work, but if you relax, you will definitely enjoy the ride!


Things Every Trustee Should Know

Who is involved and what do they do?

  • Names, addresses, phone numbers of all board members, staff, key volunteers, library "Friends" group officers
  • Names of board officers and committee members
  • Is your library municipal or incorporated?

 What are we doing now?

  • Board by-laws, library policies, staff job descriptions
  • Library hours, phone number, key services provided
  • The library's latest annual report and recent promotional materials
  • Your own library card

 Where have we come from and where are we going?

  • The library history
  • Census profile of your town
  • Town plan and latest annual report
  • Current year's budget and latest financial statement
  • Long range plan

What are our problems?

  • Annual building inspection to assess physical condition, appearance, safety
  • Minutes of past board meetings
  • Past librarian's reports and information

 Where can we go for help?


 WHAT TYPE OF PUBLIC LIBRARY DO YOU HAVE?

            In Vermont, a public library is defined by statute as "any library established and maintained by a municipality or by a private association, corporation or group to provide basic library services free of charge to all residents of a municipality or a community and which receives its annual financial support in whole or in part from public funds."
(
22 V.S.A. § 101).

            Even though there are a handful of libraries that do not receive tax funds, most of Vermont's 179 libraries open to the public are public libraries.  They can be:

      • Municipal – established by a local government for its citizens.  One Vermont library serves a "library district," which is its own municipality.
      • Incorporated – a corporation with the purpose of establishing and maintaining a library.
      • Community – a library that operates as both a public library and a school library.  Most community libraries are answerable to both the municipality and the school board.

In all three cases, the library is open, free of charge to members of the community or communities that support it.  22 V.S.A. Chapter 3 outlines how public libraries are organized.

           Reading the statute relating to public libraries may raise more questions for you.   Do you know whether your library is municipal or incorporated?   Your library's status determines how people become trustees and what power a board has over a building, staff, and other aspects of library management.  Answers to some of your questions may be found in The Law of Public Libraries which was developed by the Department of Libraries and the Secretary of State's Office in 2000 in response to some questions that had arisen.  

         If you have any doubt about whether your library is incorporated or municipal, consult your town attorney or library attorney.  You will need to know how your library was formed.  Was it by a vote at Town Meeting?  Were articles of incorporation filed with the Secretary of State's Office?  How your trustees become trustees is also relevant.  Are all of them elected at Town Meeting or appointed by your selectboard?  Or are most of them appointed by current trustees?   You will need documents to support your finding about the library's status, or you will need to create them.

         Many public libraries in New England started as informal entities – in train stations, churches, general stores, and private homes.   These informal libraries later became incorporated, and some were later turned over to the towns to manage.  An incorporated public library may become municipal upon formal action by both the corporation and the town, usually by a vote at Town Meeting.

         Many of the buildings that dot our townscapes were built through bequests in memory of prominent citizens and remain incorporated entities.  Others were built with bequests and the proviso that the town maintain and operate them.   The library building's origins may have nothing to do with whether your library (as an entity) is incorporated or municipal. 

         Libraries in the northeast are generally individual entities, serving their towns and perhaps some neighboring municipalities.  Elsewhere in the country, public libraries were created by municipalities to serve counties or even larger geographical areas.

         In a nutshell, the following may be true of your library.  Please remember that every town operates slightly differently.   

Issues

Municipal Public Library

Incorporated Public Library

 

 

 

Number of trustees

At least 5

At least 5, no more than 15

How do people become trustees?

By election at Town Meeting or by appointment of selectboard

Usually by election or appointment of the board of trustees.  Sometimes by election at Town Meeting.  One member should be publicly appointed or elected to meet state standards.

 

 

 

Authority

Trustees are responsible for managing the library, but may not be responsible for the building or personnel.  Board develops by-laws and policies for operation.

Trustees are responsible for governance.  Board develops by-laws and policies for operation.

 

 

 

To whom does the librarian report?

Librarian answers to the board. 

Librarian answers to the board. 

Personnel policies

Town personnel policies cover library employees unless specifically exempting them. To avoid conflicts, the municipal library trustees should consider adopting personnel policies for the library.  In addition, the town policies should specifically exempt library employees.

Board personnel policies cover library employees. 

Who evaluates librarian's performance?

Town Administrator may be responsible for evaluating librarian's performance, with board input. 

Trustees evaluate librarian's performance.  

 

 

 

Salaries and benefits

A Vermont Supreme Court decision (174 Vt. 598) affirms library trustees' authority to set the librarian's compensation.  Library employees may be paid using town pay scales, covered by town health insurance and other benefits unless otherwise exempted (see Personnel Polices above).

Trustees determine rates of pay and also seek private health insurance and other benefits coverage.

 

 

 

Building maintenance and upkeep

Trustees are generally responsible, unless there is an arrangement with the town. 

Trustees are responsible for maintenance and upkeep, unless the library is a tenant in another entity's building (e.g., school, town hall, etc.).

Use of space by outside groups

Trustees may develop policies, but Town may control use of space by outside groups for insurance purposes.

Trustees' policy determines use.

Building insurance

Town may include library in policy covering all Town-owned buildings.

Trustees generally obtain insurance on building.

 

 

 

Money

Trustees have full power to spend town appropriation to library, but town treasurer pays the bills.  Trustees are usually responsible for spending and investing separate trust funds unless otherwise directed by the town.  Town may create a reserve fund to be managed by trustees. 

Trustees control all funds, including municipal appropriations.  Town may dictate use of funds appropriated, however.   Board treasurer pays the bills.

Fines, fees, grants

Fines, fees, gifts go back to town treasury.   Voter approval is necessary before spending grant funds, which are handled by town treasurer. 

All fines, fees, gifts, and grants are managed by the board treasurer. 

Audits

Accounts are subject to audit by town auditor.

An independent audit may be obtained.

Taxes

None necessary.

Incorporated libraries file form 990 with the IRS annually.

 While the above is a distillation of The Law of Public Libraries, any questions concerning your particular situation should be directed to your town or library attorney.

       There is no such thing as a "private" public library in Vermont.  Every public library – whether incorporated or municipal – should be open to all members of the community that supports it.

           What about community libraries?  There are only about ten joint school-public libraries in the state.  Most, if not all, of these are municipal public libraries that are also answerable to the school district and its board.  Most have trustees who are elected at Town Meeting, but some also have "Super Boards" or "Operating Committees" made up of trustees and school representatives.  These groups resolve conflicts, develop operating policies, and insure that both school and public needs and interests are addressed. 



            "Trustees [of municipal public libraries] … have full power to manage the public library, make bylaws, elect officers, establish a library policy and receive,  control and manage property which shall come into the hands of the municipality by gift, purchase, devise or bequest for the use and benefit of the library.  The board may appoint a director for the efficient administration and conduct of the library."  (
22 V.S.A. § 143a)  These powers are basic to most trustees, whether their libraries are municipal or incorporated.

            Basic trustee responsibilities include:

        • Creating by-laws
        • Setting library policy
        • Hiring and regularly evaluating the director
        • Long range planning, in cooperation with the director
        • Financial management
        • Promoting library use
        • Serving as a link with the community

         You don't need to know a lot about the operation of a library to be a trustee because your job is not to run the library day-to-day.  You should be willing to be discreet, fair, open-minded, and honest during policy decisions and group discussions.  You bring a great deal to trusteeship besides a mere willingness to serve.  Your background – education, employment, heritage, family and other ties – will be as useful to you as community contacts and other involvements.  Your past experiences as a library user will also serve you well.  Be aware of particular biases or opinions that might affect your decision making or the way you view your library's effectiveness.  Knowing yourself will help you be a more productive trustee.

         There are a number of additional, ongoing duties you will want to attend to:

        • Prepare for, attend, and participate in all board meetings
        • Be familiar with state and federal laws relating to the managing the library, such as those relating to employment, operating a public building, etc.
        • Monitor and evaluate the library's overall effectiveness
        • Support library services and participate in library programs
        • Advocate for library support in the community and statewide
        • Learn as much as possible about issues affecting library service

        In 1991, attorney Andrew H. Maass of Ryan Smith & Carbine of Rutland said that besides responsibilities outlined in statute, library trustees also have some more general responsibilities that originate in Common Law:

      •  The Duty of Care or Diligence:  Directors and trustees must act with the care that a reasonably prudent person in a similar position would use under similar circumstances.  They must perform their duties in good faith and in a manner they reasonably believe to be in the best interests of the organization.  Prior to making a business decision, directors and trustees must inform themselves of all material information reasonably available to them. 
         
      • This duty requires not only reasonable behavior with respect to matters submitted for approval, but also requires reasonable inquiry and monitoring of organizational affairs.  Although directors and trustees are not insurers of the integrity of their employees or of general organization performance, they are required to implement reasonable programs to promote appropriate conduct and to identify improper conduct.
         
      •  Duty of Loyalty:  Directors and trustees are required to refrain from engaging in personal activities which would injure or take advantage of the organization.  They are prohibited from using their position of trust and confidence to further their private interests.  This duty requires an undivided and unselfish loyalty and demands that there be no conflict between one's duty to the organization and self-interest…
         
      • Duty of Obedience:  Directors and trustees are required to perform their duties in accordance with applicable statutes and the terms of the organization's charter and by-laws.  Trustees may be liable if they authorize an act which is beyond the powers conferred upon an organization by its charter or by the laws of the state. 

        The statute relating to general standards for directors and officers of non-profit corporations reflect these duties in 11B V.S.A. § 8.3

What about liability?

           Because trustees' responsibilities are fairly broad, you may feel overwhelmed.  Don't worry!  A trustee acting within the scope of duty and in good faith can almost always be viewed as acting competently.   12 V.S.A. § 5781 refers to immunity from liability for directors, officers, and trustees of nonprofit organizations, and 12 V.S.A. § 5782 refers to immunity from liability for people employed by libraries with or without compensation.

           Nonetheless, if a trustee is aware of a problem, it is his/her duty to see that it is taken care of.  This includes, but it is not limited to, building deficiencies and staff and patron safety.  In addition, it is wise practice to be aware of situations which could become problems in the future.   Inspect the building and equipment for fire and safety violations at least annually.  Make sure emergency procedures, equipment, and supplies are available and up-to-date.  Discuss safety issues with your director.  


Every week

    q  Check in with your librarian – how's it going, does s/he need anything?
    q  Follow up on tasks promised (e.g., make a phone call) or required (e.g., pay bills)
    q  Let at least one person in the community know about a service the library offers
    q  
    Let at least one person in the community know about a service the library offers 

Every month

    q  If you are the chair, check to make sure tasks promised are done; work with librarian to set next meeting agenda
    q  If you are an officer or committee chair, prepare minutes, a financial statement, or a written report to be sent to all trustees before the next meeting
    q  Prepare for the board meeting by reading minutes of previous meeting and any written documents (including financial statements) sent beforehand
    q      Attend at least one library program or use the library in some way 

Every year

    q  Review all library policies and board by-laws; revise any as necessary
    q  Review the library's long range plan; evaluate progress toward goals and develop new objectives for year
    q  Evaluate the librarian's performance in writing
    q  Update selectboard about library activities and services at a time other than budget time
    q  Adopt the annual budget
    q  Make budget presentation to town or offer support to the board's spokesperson
    q  Make sure there is a written report in the town report
    q  Attend as many continuing education opportunities as possible
    q  Orient new trustees, thank outgoing trustees
    q  Visit another public library to get ideas and a new perspective on your job
    q  Thank and recognize volunteers and Friends members 


What should your librarian do?

            Whether you call him or her a "director," a "head librarian," a "librarian," or another term, the library director sets the tone for library service delivery to your community.  Hiring the person to fill those big shoes, and then working harmoniously with him or her, is a big part of a trustee's job.  In a nutshell, you should expect your librarian to be the chief administrator of the library, overseeing its day-to-day operation.  You should expect him or her to be responsible for: 

    • Helping the public locate items, find answers, and use technology in the library
    • Recruiting, hiring, supervising, evaluating, and training staff and volunteers
    • Selecting and weeding books and other library materials
    • Developing procedures for circulation, patron registration, and other issues associated with running the library daily
    • Developing and running programs for all ages
    • Working with the board to develop long range plans for the library
    • Promoting public library use throughout the community
    • Collaborating with other community organizations on projects and activities
    • Developing the library's annual budget in conjunction with the board; then tracking and spending funds as allocated
    • Keeping statistics about library performance and conveying that information to the board
    • Suggesting policy to the board
    • Keeping the board informed about local library activities, developments, and needs; keeping them up-to-date on state and national issues
    • Participating fully in all board meetings
    • Helping the Board orient new trustees, including putting together information packets
    • Trying new ideas
    • Serving as spokesperson for the library at public meetings, to the press, etc.
    • Continuously learning and growing in the job

           You should expect your librarian to be a source of effective, creative ideas for serving the public.  S/he should suggest ways to put these ideas into action and should take initiative when appropriate.

           Working together may not always be easy because personalities and philosophies sometimes do not agree.  It is important to remember that you are all involved in the library for one reason – that you believe in what the library can do for and mean to individuals and the community at large. 

           The librarian-trustee relationship does not mirror that of a typical employee-employer relationship in the business world.  Your librarian generally knows more about the business of providing library service and about how the community uses your library than individual trustees do.  You should expect your librarian to be your link with the library and the library world.  You can offer a link with the community and the various groups that comprise it.

           Your job is to develop and articulate broad guidelines for providing service and monitoring that they are carried out in a way that welcomes the public, encourages broad use, and respects individuals.  Communication is the key to working smoothly together.  Talk often, including between meetings.  Share views, hopes, and dreams for the library.  Ask questions and invite them from your librarian.  Offer help – be it physical or mental – and support.  Expect your librarian to facilitate board decisions by presenting options and alternatives.  

           Expect your librarian to make everyday decisions – and to be accountable for them.  Be mindful of appearing to micromanage, and sometimes there is a fine line between policymaking and micromanaging.  If you find yourself questioning your librarian's decisions – what books to purchase, when to buy materials, what office supplies to buy, what gift books to add to the collection, where to move the furniture, etc. etc. – you might very well be micromanaging.

           In small libraries with limited resources, trustees sometimes serve as volunteers, handling circulation tasks, conducting programs, delivery outreach materials, etc.  If you volunteer regularly, it is important to distinguish between your roles as trustee (the librarian's employer) and volunteer (the librarian's employee) – and that's very hard to do.  Whenever you, as a trustee, work as a library volunteer, remember that the librarian is your supervisor during that time.  Refrain from setting policy or making decisions that should be made by the whole board or by the librarian. 



 
           Every day, public librarians, staff, and volunteers make many decisions.  They select a few books from the over 50,000 published every year.  They decide whether to close the library for a holiday or during a storm.  They approve requests to use the library meeting room.  They sort through boxes of donated books from community members.  These decisions can be made more easily, efficiently, and – most of all – consistently when there are written policies to guide the staff. Each library user deserves to be treated fairly and equally; policies help insure that practice.

           Policies reflect a board's philosophy of service and help insure that the staff will put that philosophy into place when developing procedures.  Policies offer guidelines for crises and conflicts, but they also offer a framework for every day business. 

           Public libraries need policies in the following areas:

General goals and priorities – the library's mission and service priorities

General operation – who may use the library, non-resident/seasonal use, what fines and fees are charged (if any), library hours, governance, use of meeting space and other facilities, bulletin boards, displays, patron behavior, unattended children, etc.

 Confidentiality of library records – based on state laws

Nondiscrimination – in both service to the public and personnel issues

Intellectual Freedom  - affirm the Library Bill of Rights and the Freedom to Read statement and also include these documents in an appendix

Collection development – guidelines for selecting materials and weeding, responsibility for selection, procedures for review of selections, dealing with gifts

Personnel – if your library is municipal, find out whether the town's policy covers or exempts library employees.  If the town's policy exempts library employees, your policy should still reflect the municipality's policies as closely as possible.  If your library is incorporated, the policy should cover working conditions such as hours worked, overtime, paid holidays, leave, orientation, training, pay, fringe benefits.  It should also cover issues such as job descriptions, performance evaluations, probation, termination, grievances, conduct, use of volunteers.

Public use of electronic resources – internet access and public access computing by all ages

Review and revision of policies – include a commitment to regular review as well as procedures for revision

           Your particular situation will dictate the extensiveness of policies and may suggest additional areas where policies are needed.  But no library is too small to have policies.   Policies need not be long.  In fact, they should be clear and concise enough to be easily understood and broad and flexible enough to apply to many circumstances.  They should positively reflect the library's long range plans for service. 

           Developing policies requires discussion among the board and staff and then reaching consensus so that everyone involved supports and upholds them.  Your librarian should advise you when policies or revisions are needed.  If s/he has had to grapple with the same decision over and over again, it is probably time for a policy.  

           The actual writing of your library's policy may fall to one person, perhaps the librarian, with drafts coming to the board for discussion and revision at board meetings.  You may request sample policies from the Department of Libraries and, increasingly, public libraries around the state and country have posted policies on their websites.  Some websites you might explore include:

            Once a policy is adopted, everyone on the board and staff should abide by and support it publicly.  And the librarian should expect a free hand in carrying it out.  Trustees should avoid making policy outside of board meetings.  Save disagreements and discussions about policy matters for board meetings, and welcome discussion and examination of policies on a regular basis.  Make sure all trustees have copies of the policies and go over them together at least once a year.  Staff members should also have their own sets of policies.  Orientation of new trustees and new staff should include a review of these important documents.


MONEY MATTERS
 

           The type of public library – municipal or incorporated – is most obvious when dealing with finance.   Both types of libraries may rely heavily on local tax support, yet how those funds are handled differs sharply.  Review The Law of Public Libraries if you are unsure about your responsibilities regarding oversight of public and other funds.  If you are still uncertain, consult an attorney. 

           An incorporated public library should have 501(c)(3) [nonprofit] status with the US Internal Revenue Service.  A municipal public library is generally covered by its town's tax-exempt status.   If your library serves more than one town, you will need to determine which municipality is the library's "parent." 

           Most Vermont public libraries receive an average of 75% of their operating funds from local taxes.  Nationwide, local taxes make up about 80% of library operating support.  Libraries in the northeast, many of which were started with bequests, rely more heavily on interest from endowments than libraries in other parts of the country.  Vermont public libraries receive about 24% of their operating funds from other sources, primarily interest on endowments.  Many municipal public libraries also receive in-kind contributions from their towns in the form of town building and grounds maintenance, payroll services, and employee benefits. 

           Sound financial management for every public library, regardless of type, funding sources, or size, begins with a realistic annual operating budget.  Most public libraries develop their budgets in the fall, for submission to town government in December and January and for voting at the March Town Meeting.  Municipal public libraries' budgets are more likely to be included as line items in their town budgets, but some are voted on separately.  Incorporated public libraries' town appropriations may also be line items in their towns' budgets, or they may be voted on separately.  It is purely a matter of tradition.

           Be sure to work closely with your librarian and with town officials to develop a smooth budget process.   Your librarian should prepare a draft budget for the board to approve.  In an incorporated public library, s/he will work with the library treasurer to estimate revenue and expenses for the coming year.  In a municipal public library, the town administrator or selectboard may offer guidelines for developing the budget.  Trustees should be sure to meet all deadlines as set, respond positively to questions and comments, and provide realistic, accurate figures. 

           A basic operating budget details the library's projected income for the year, including its town appropriation, interest on endowments or savings accounts, grant sources, gifts, donations, local fund raising, fines, fees, and payments for lost books.  The expense side of the budget includes personnel costs (salaries and benefits), library materials of all formats, and other expenses such as supplies, postage, travel, programming, publicity, equipment, fuel, utilities, telecommunications, snow removal, lawn care, building maintenance, etc.  A basic budgeting worksheet should include notes explaining in detail how the various amounts were calculated.  Be realistic about your income and your expenses, but be careful not to "pad" a budget proposal in order to maintain the library's credibility in the community.

           Bookkeeping and reporting are also handled in a variety of ways depending on library governance and funding sources.  Incorporated public library boards usually appoint a treasurer who is responsible for paying bills, keeping track of funds and who may or may not oversee the work of a bookkeeper.  In a public municipal library the town treasurer is the treasurer for the library, but the trustees may also appoint a board treasurer who approves invoices for payment by the town treasurer or clerk.  In either case, trustees should expect financial statements at regular intervals so that they can monitor the library's funding situation.  The librarian should also keep informal books to insure that s/he does not over- or under-spend during the year.

           Investments such as endowment funds or savings accounts are also handled differently, depending on library governance.  Incorporated public library trustees may designate the treasurer, a board committee, or the board as a whole to handle investments.  They may also seek the assistance of a commercial firm or bank.  Municipal public library trustees may handle any investments designated for the library or may be obligated to work with the town treasurer or the town's trustees of public funds.  In any event, trustees should expect regular – perhaps quarterly - reports on the status of investments.


Basic Glossary*


Accounting methods
– Municipal libraries will conform with the town's method, but treasurers of incorporated public libraries should consult with an accountant prior to setting up the library's books to conform with a particular method:

  • Cash based – basic checkbook system recording revenues as they come in and expenses as they are paid.  A modified cash-basis accounting method might record outstanding or recurring obligations that may not yet have been paid.
     
  • Accrual  – a double-entry system that conforms with Generally Accepted Accounting Principals (GAAP), recognizing the financial effect of transactions, events, or interfund transfers when they occur rather than when the invoice arrives or is paid.

Capital expenses – include non-recurring expenses for construction, purchase, or major renovation of buildings and property.  Non-consumable items such as furniture, equipment, and library automation systems may be included if they will be used over a relatively long period of time.

FEIN (Federal Employer Identification Number) – a nine-digit number that the Internal Revenue Service assigns (also called an EIN – Employer Identification Number).  It is used to identify the tax accounts of employers.  If you have employees, you need to have an FEIN.  Filing for tax-exempt [501(c)(3)] status also requires an FEIN.  A municipal library usually uses the municipality's FEIN.  Your library should have only one FEIN.  For more information, see:  http://www.irs.gov/pub/irs-pdf/p1635.pdf.

Fiscal year – a twelve month accounting period which may or may not coincide with the calendar year.  Many Vermont towns – and, thus, many municipal libraries - have adopted the state fiscal year which begins July 1 and ends June 30.  Some incorporated libraries use a calendar-based fiscal year.  It is important to remain consistent.

Fund accounting – regardless of the accounting method used, tracks revenues and expenses by their source, and might include general funds, endowment funds, grant funds, restricted funds, petty cash, etc. 

Operating expenses – recur from year to year and are the funds used to run the library day to day, including salaries, benefits, library materials, utilities, general building maintenance, supplies, etc.

Petty cash – a small amount ($50-100) designated for purchases such as office supplies, postage due, coffee cups, etc. that allows items to be purchased without having to wait for checks or invoices.  At any time, the amount spent and the amount remaining should equal the amount designated.


*Thanks to Rob Geiszler, Department of Libraries consultant, for his help with these definitions


FUND RAISING

 
           Your library's annual town appropriation, combined with income from endowments or savings, should be at a level sufficient to operate the library on a day-to-day basis.  If not, trustees should work steadily to increase the annual budget from these sources.  There may be times, however, when funds are unavailable or insufficient, and the library board may see a need to raise more funds via one or more of the following methods:General mail solicitation

    • Contributions from community organizations and service clubs
    • Special events
    • Donated goods or services
    • Local business support
    • Bond issue or special appropriation for a large one-time expense (usually capital)
    • Sales of t-shirts, coffee cups, tote bags, etc.
    • Memorial gifts and bequests

            Your library may also have a Friends of the Library group that raises funds for items outside the normal library budget.  Trustees and Friends should work as allies, but they should remain separate and distinct in their operations.  Friends should be incorporated and hold 501(c)(3) tax exempt status, thus keeping their funds separate from the library's.  Trustees should work with the Friends to determine what types of fund raising each will do so that their efforts do not overlap or confuse the community.  Your librarian should serve as a liaison between the Friends and the board to insure good communication; however, some boards also invite the Friends chair to report on their activities at regular trustees' meetings.

            While trustees should not expect library staff to take the lead in fund raising, they may ask staff for clerical assistance or promotion of special events.  In addition, you should expect your librarian and staff to be aware of grant opportunities as they arise and develop proposals accordingly.  Grant funds are generally for special projects over a limited time and should not be counted on for operating year-after-year.

            Your library's policies should include clear provisions for the receipt, evaluation, use, and, if necessary, rejection of gifts.  Gifts of money should generally be accepted only if they do not include provisions that might limit library operations or services currently or in the future.  Gifts of books and other items should only be accepted if there are no restrictions on use, display or disposal.   There is nothing worse than receiving an artifact that needs extensive preservation or acquiring real estate with "strings." 

           It is good practice to acknowledge all gifts, whether in cash or in kind, publicly and as soon as possible.  Depending on the gift, a handwritten note, letter, brief public event or ceremony, letter to the editor, plaque or bookplate, or notice on the library's website will build good will and make others aware that the library welcomes gifts.  Some donors may ask for receipts for tax purposes, but the Internal Revenue Service only accepts appraisals from licensed appraisers.  A letter of thanks should not include an estimated value of a gift but may include the amount of cash gifts for tax purposes. 


PERSONNEL ISSUES 

           Trustees set the overall tone for library service, and the staff put policies into action.  No large building with books or computers is useful without a knowledgeable, welcoming staff to help the public find what it needs.  Your staff should make going to the library a wonderful experience rather than an ordeal.  Trustees hold the keys to insuring that this happens through:

    • fair and complete personnel policies (as discussed earlier)
    • clear job descriptions
    • regular performance evaluations
    • support for continuing education
    • fair compensation
    • safe working conditions

            All workers – including volunteers – need to know what is expected of them and how well they are doing in order to perform their jobs effectively.  No library is too small for job descriptions.   Each employee should have a copy of his/her own job description so that s/he is aware of the job's responsibilities, boundaries, and requirements.  Tasks will sometimes come up that are not included, but a written statement should offer broad categories under which those tasks fall.  A job description need not be long, nor should it offer details about library procedures.  Sample job descriptions are available in the Department of Libraries publication, Job Descriptions:  A Quick Look

All job descriptions should be approved by the board of trustees at a regular meeting.   If the library is a municipal library, job descriptions should be developed in compliance with the municipality's personnel policies.  If the library is incorporated, the library's personnel policies should also address the issue of job descriptions. 

Ideally, a job description should be drawn up prior to recruiting and filling a particular position.  In the case of a library director or head librarian, trustees should come to consensus about the job requirements and major duties.  What decisions should the director make?  Which should be referred to the trustees?  In the case of other library staff, the director should develop job descriptions prior to filling positions.   No matter what the job, discussion is essential to clarify perceptions of the job's priorities, day-to-day duties, and relationship to other positions in the library and, in the case of municipal libraries, local government.   

It is always a good idea to review existing job descriptions at least every few years because librarianship, like other professions, is ever-changing.  Your library's service priorities change as your community's needs change.  Are all of the tasks performed by library staff reflected in the job descriptions?  Is it clear how individual jobs relate to each other?  Try to separate the position from the personality because a job description is meant to be used by anyone holding a particular job. 

           Recognize good performance and nurture it all year long.  Do not wait to correct poor behavior or low productivity until the annual evaluation.  It is good practice, however, to conduct annual evaluations of all employees' performance.  Trustees (or in some cases the town administrator) should evaluate the librarian's performance, while the librarian should review that of the rest of the staff and volunteers.  The performance evaluation should address whether the person is performing the duties described and in the priorities outlined.  It provides an opportunity to review the job description itself as well as the individual employee's accomplishments and areas for improvement.  Sample performance evaluation forms and methods are discussed in the Department of Libraries publication, Performance Evaluations:  A Quick Look.  

            The job description can be used as a basis for performance evaluation.  In addition, the board may develop a form that is shared and discussed with the employee.  An alternative can be a review of a mutually agreed upon work plan for the past year and development of another one for the coming year.  The latter method focuses more on achievement and works well in a smaller public library.  The performance evaluation "interview" also offers another opportunity to discuss the position in question and staffing in general.

           Even though one-third of Vermont's library directors change every two years, even veteran librarians need training to keep up with developments in the field.  Trustees should encourage their librarians to attend workshops offered by the Department of Libraries, meetings and conferences of library associations, and other training sessions often and as needed.   Continuing education should be provided and suggested to all staff and volunteers.  Your library budget should include funds for reimbursement of tuition, mileage, and expenses.   Department of Libraries staff can help present mini-workshops on site and can also help librarians and trustees obtain speakers for staff development.

           Salaries and benefits for staff are also important issues for trustee consideration.  Being a librarian is extremely gratifying, but a librarian cannot live on mere hugs and thanks from customers.  Trustees should work to compensate all staff fairly and equitably.  One resource is the Vermont Library Association's publication, Increasing Public Library Compensation.    If your library is a unit of municipal government, staff should be paid on par with other town employees with similar responsibilities and requirements.  Town personnel policies may dictate eligibility for various benefits such as health insurance and retirement.  If your library is incorporated, you should offer wages that are comparable to other similar local positions.  School and municipal salary scales are public information that should be freely given to anyone who asks.  The board may also need to seek private health insurance, retirement, and other coverage in order to retain good employees.

           Volunteers are a wonderful way to involve the community in the library.  They can and do promote the library, help with programming, deliver materials to the homebound and to child care centers, mend books, and perform many other tasks, freeing up staff to serve the public directly or plan new and exciting services.  Whenever possible, volunteers should not take the place of paid staff. 

           Finally, trustees also have the responsibility to keep the library safe for all who work in and use it.  Regular inspections for building safety followed by building maintenance are essential.  Make sure there are policies and procedures in place to deal with emergencies such as power outages, fire, flood, accidents, criminal activity, natural disasters, and crises.  Every library should have an emergency checklist, a first aid kit, flash lights, and other tools readily available.  Staff and volunteers should receive emergency training, including familiarity with policies and procedures and basic first aid.  For more details and forms to get you started, visit http://vt.webjunction.org/forums/thread.jspa?threadID=5958&tstart=15 (materials from the 2007 Department of Libraries workshop on library safety).


HIRING A NEW LIBRARY DIRECTOR


            Even if you have established a smooth working relationship with your librarian, s/he may decide to move on to another job, relocate, or retire.  The board should take a careful, considered approach to filling the position, even if it means keeping it vacant for a while.  Here are some steps to follow.

Prepare

           What does the board want the director to focus on or be capable of?  Review and possibly revise the director's job description and discuss the library's long range plans and priorities.  Having a useful job description will make searching for a new director easier, so start by reviewing the existing one carefully.  Are the basic requirements and qualifications for the job still valid?  Are the responsibilities and duties current and accurate?  Your outgoing director may have thoughts about changes or additions.  Revise the job description prior to advertising the position, and use wording from that document to develop your advertisement.

           Now may also be the time to review the director's salary and benefits.  The Vermont Library Association's Personnel Committee has prepared a study guide for salary issues (http://www.vermontlibraries.org/compensation5.07.pdf) which includes Vermont comparable salaries.  The Vermont Library Association recommends a minimum salary for a library director with a B.A. and Vermont Public Library Certification.  This recommendation is updated annually and included in the guide.  The Vermont League of Cities and Towns also conducts an annual salary survey of municipal employees; contact your town office for details.

Recruit

           Depending on the number of trustees on your board, a subcommittee of the board may serve as a search committee to write the ad, sort through applications, and interview candidates.   If your library is a municipal public library, your town manager may also want to sit in on the process.  An advertisement for a job should include:

      • job title
      • spirited summary of duties
      • request for resume and letter of interest
      • number of hours per week
      • salary to be offered or "based on qualifications"
      • deadline date for applications
      • name, address and phone/email of contact person

           Today's job seeker relies heavily on online resources for job hunting, so be sure to post the position on the Vermont Library Association website (http://www.vermontlibraries.org).   The other New England library association websites have links to VLA's site.  Many Vermont daily and weekly newspapers accept job ads online for their print and/or online format.   You may also broadcast a job opening by sending a message via the Vermont Automated Libraries System (VALS) public library listserv if your library uses VALS email.  If your library does not use VALS email, contact your regional consultant to post the opening for you.  You may also invite possible candidates in the community to apply.

           Give candidates several weeks to reply, and if the ad draws too few applicants or inadequately qualified ones, review the ad and consider re-advertising the position.  You may also wish to advertise more widely, such as through the Simmons College New England Library Jobline or the American Library Association's website (http://www.ala.org).

Interview

           Prepare for the interviews in order to screen candidates fully and fairly.   Develop a set of questions you will ask each candidate to help you compare their responses objectively.  Begin with some questions that put candidates at ease and then move on to those that make them think more deeply about issues and philosophy.  Ask some situational questions ("what would you do if…"), including some that directly focus on problems you are facing ("how would you make better use of the space we have?").  Make sure to ask open-ended questions, rather than those easily answered by "yes" and "no," so that the person is encouraged to do most of the talking.   Take care not to ask questions that might be construed as discriminatory (e.g., marital status, disability, lifestyle, age, etc.).  The Vermont Department of Human Resources' A Guide to Interviewing and Reference Checking  is a helpful place to start.

           Some boards like to conduct all the interviews in a group; others like to have a small committee interview a pool of candidates and then hold second interviews with finalists.  Remember that large groups may be intimidating, even for someone with a high confidence level.  You may designate one person on the interview team to take notes during the session and be sure to include the same people on the interview team each time.

           Set aside plenty of time so that you can really get to know the candidates in a relaxed, comfortable atmosphere.   One hour is generally not enough time, particularly if you include a tour of the library and introductions to any staff.  Even if staff and volunteers are not included in the interviews, it is good practice to obtain their impressions of candidates if possible.  After all, they will be working with the director.  It is not a wise practice to include the outgoing director in the interviews.

           End each interview with details about the job:  hours, wages, sick and vacation time, benefits.  Most of all, tell when you plan to reach a decision and allow time for the applicant to ask you questions about the library and the job.  In fact, you should expect the candidate to do some homework (e.g., reviewing your library's website) prior to arriving at the interview so that s/he does have a few questions.

Follow up

           After each candidate leaves, review your impressions as a group.  If you have thought a lot about the type of person you are seeking and have crafted questions that get at issues and attitudes important to you, you may find your choice is clear.  A second interview may be necessary to help you choose between two good candidates.  You may also realize that you need to readvertise the position.  Don't "settle" for someone who doesn't fit your requirements.

           When you have agreed on someone to whom you wish to offer the job, check the person's references.  Use the reference check to verify that the person's resume is accurate, but remember that, because references are supplied by candidates, they should not serve as your only basis for hiring someone.   Even if previous employers are not listed as references, you can and should call them to get a balanced view of the candidate.  "Would you hire this person again?" is a common question, but you may also want to probe about the candidate's ability to handle some of the issues what are facing your library.  Try not to ask "yes-no" questions; engage the reference in a conversation about the candidate's ability.

           To offer the job, phone the candidate and then follow up with a letter.  In each instance,  include details such as hours, wages, benefits, starting date, etc.  Give the person a week or so to consider your offer.   Plan for a period of orientation for the new director.   Your Department of Libraries regional consultant can help you with this.  Finally, after the candidate accepts the position, contact all of the other applicants promptly.  Thank them for their interest and offer to keep their resumes on file if they wish.


Suggested Interview Questions
by Amy Howlett, Southeast Regional Consultant


Experience/Activities

  1. How has your previous job or life experience prepared you for this position?
  2. Describe the kind of responsibilities you've been asked to handle in the past.
  3. How does this job fit into your career plans?
  4. You will deal with all ages in this job.  How would you handle a two year old throwing books on the floor with a parent standing by, oblivious to the problem?
  5. Many of our community members are in their 60's or older.  Tell us about your experience with this part of our population.

Communication/presentation

  1. You will be representing the library to the town, whether walking on the street, standing at the desk, or talking to the Rotary Club.  Short talks for local groups of 20 or so are part of the job.  Have you made presentations to small groups?
  2. Have you ever had to deal with a negative audience and, if so, how did you handle it?

Supervision

  1. The librarian is responsible for hiring and supervising staff and volunteers.  Please tell us about your past management experience.
  2. What would you do if an employee called in sick for three Saturdays in a row?
  3. Your desk is overflowing with work, but the door is always filled with patrons who want to talk about a book they read or their spouse's illness.  How would you handle this?

Books/literature

  1. Tell us about a book you enjoyed recently.
  2. How would you respond to a patron who asked you to recommend some light reading?

Computers

  1. Please share your knowledge and experience with computers and software, either library or other?

Short questions

  1. The library is open (give hours).  Will you have difficulty meeting this work schedule?
  2. Shelving and carrying books are part of the job.  Can you lift 40 pounds?
  3. We require library certification.  Will you be able to attend at least one week-long workshop each summer on library time?  Can you find transportation to a Vermont site for the workshop? 

Follow up

  1. Is there any other information you would like to share with us?
  2. Do you have questions for us?
     


PLANNING FOR THE FUTURE

 
           Vermonters have changed dramatically in the last 25 years or so; it is not surprising that their libraries have also changed.  In fact, it is important for a public library to change in order to remain relevant and responsive to its public.  One of the most important tasks of a trustee is to help determine how and to what extent the library will change as its community's needs change. 

            Thoughtful planning helps a library board and staff avoid crisis management by offering concrete direction for the introduction of new services, the elimination of seldom used ones, and the retooling of existing services.   Your plan should help you maintain consistent services in good times and bad, because it should articulate the library's service priorities.   While it should offer  a tool for self-evaluation, it should also be used in developing a realistic budget.

           To be effective, a long range plan must focus on services to the community and the difference those services make to individuals and groups.  The Public Library Association (PLA), a division of the American Library Association (ALA), has developed a number of tools to help public libraries conduct a meaningful planning process.  The New Strategic Planning for Results by Sandra Nelson (ALA, 2008) is a recommended resource, outlining the following steps and offering workforms to help move the process along: 

n Prepare:  Plan to plan

    • Read the manual
    • Develop time line
    • Estimate cost
    • Decide who will be involved and how - Planning Committee? Workform
    • Train/inform others

n Imagine:  Identify possibilities

    • Articulate a community vision (7-8 sentences) – Workform
      • Good "bonding" exercise for Planning Comm.
    • Identify community needs – Workform
    • Decide which needs the library should address

n Design:  Invent the future

      • Select 3-5 service responses to emphasize during planning period
      • Write mission statement
      • Write 1-3 goals for each service response
      • Write 2-3 objectives per goal – Workform

n Build:  Assemble the future

    • Identify preliminary activities
      • Brainstorm with staff:  what?  who?  when?
    • Determine resource requirements  (reality check)
      • what will we need?
      • what do we have?
      • what do we lack?
    • Select activities for first year – Workform

n Communicate:  Inform stakeholders

    • Write the basic plan and obtain approval
      • 7-12 pages, including some background, fact sheets, library vision, mission statement, goals, objectives
    • Communicate results of the planning process
      • public meeting, printed plan, meeting with town officials

n Implement:  Move into the future

    • Allocate or reallocate resources
      • Consider:  reallocation of existing resources, finding new sources, forming partnerships
    • Monitor implementation
      • Are we making progress toward our goals and objectives?
      • Do we need to do any tweaking?

           While this may seem involved and difficult, remember that a well-prepared plan should cover your library's next five years.  You will need to spend quite a bit of time discussing future library needs with library users, people who do not use the library, town officials, local school personnel, members of community clubs and organizations, Friends of the Library group members, and the community at large.  You will also need to review community demographics and library statistics.  Among other questions, your plan should address:

 1.  Who lives in this town and what do they need/want from a public library?
           How is the town's population changing?  Will it grow, and, if so, how?

2a.  How well is the library delivering services today?
           2b.  How aware is the community of library services?
           2c.  Does the community feel a sense of ownership in the library and its future?

3a.  What activities should the library offer that it is not currently able to provide?
            3b.  What would be needed in order to provide those services?
                      Space?  Collection?  Technology?  Staff?

4.  What services should the library offer, and what should be the priorities?   What should it…
            Stop?
            Start?
            Continue?

           Coming to consensus about the direction of the library is not easy.  It only works when there is honest dialog among library staff, the board, volunteers, Friends, town officials, and the community in general.  Planners should keep an open mind about any and all suggestions.  If you need help getting started, or if you have questions along the way, contact your Department of Libraries consultant.

           Other information may be found at the following websites:

Community information

http://crs.uvm.edu/2000dps/
UVM Center for Rural Studies provides town, county and state profiles based on latest U.S. Census data.  The CRS site also has links to other sources of data, such as Dept. of Employment and Training, Dept. of Health, School District profiles, etc.

http://factfinder.census.gov/
American Fact Finder offers census data by state and county with general demographic characteristics.

http://quickfacts.census.gov/qfd
           Site for county-level "quick facts" with state comparison.

http://www.claritas.com/MyBestSegments/Default.jsp?ID=20
"You are Where You Live" is the basic premise of this marketing tool which suggests that people live near other people with similar values and lifestyles.  Try plugging your zip code into this fun site. 

http://www.vtlmi.info/lmipub.htm - profile
Vermont Dept. of Employment and Training economic-demographic profiles.  Demographic-economic comparisons and educational comparisons by county and town; data on crime, employment, forestry, agriculture, tax revenues, and housing by county.

http://education.vermont.gov
School districts and the Vermont Dept. of Education collect data about communities for planning.  You can find reports on drop out and high school completion and community social indicators (included in the Vermont School Reports).

http://www.dps.state.vt.us/cjs/vcic.htm
The Vermont Crime Information Center collects data about juvenile and other crime for individual communities.

Library information

http://www.libraries.vermont.gov/libraries/stats/plstats
The Department of Libraries publishes statistics collected from public libraries, available in Excel and PDF formats.  Data is published in February and covers libraries' fiscal years ending prior to November of the previous year.

http://harvester.census.gov/imls/compare/index.asp
The federal Institute of Museum and Library Services (IMLS) public library statistics page, including a peer comparison tool.  Compare your library to those serving populations of similar size or meeting any variables you set anywhere in the country.  Narrow down your search in many different ways, and print out reports and charts.

http://www.lrs.org/
Colorado's Library Research Service offers a variety of links and documents to help with community analysis and other planning tasks.  Offers good hints for data gathering in general.  Especially useful is <http://www.lrs.org/Comm_Analysis.htm> which offers sources (with a Colorado bent but adaptable) for filling out the "Community Scan" form in The New Strategic Planning for Results.

http://www.geolib.org/
Public Library Geographic Database (PLGDB) including locations of America's 16,000 public libraries, population characteristics from the US Census that best describe people who use libraries, and library use statistics from the National Center for Educational Statistics.

           You may obtain sample long range plans on a variety of websites, including some Vermont public libraries' and nationwide.  It is important to remember, however, that your town is unique, as are the people who live in it.  Your library's plan must reflect your own community in order to be useful.


COMMUNITY RELATIONS AND ADVOCACY

 
           As a trustee, you are in a good position to spread the word about your library.  Perhaps it's even the best position.  You know how the library works and what it has to work with.  You know how the library serves the public.  You know what it takes to provide that service.  And you gain nothing (except satisfaction) from your role as promoter and advocate.

           During your time as trustee, you may be called upon to speak or act in favor of a particular issue – more hours open, better salaries, a new or improved building.  But most of the time, you will simply be promoting library use and better public support for the library.  You may do this quietly, one person at a time, or you may need to conduct an all-out campaign.  Public relations takes many forms, and all of them are useful and effective.

           Don't let the word "advocacy" scare you.  It can be as simple as writing letters to those who need to learn about library issues or from whom the library is seeking support.   Depending on the issue(s) at hand, you might:

    • call selectboard members
    • write a letter to the editor
    • sit in the audience to support other trustees or your librarian as they make a presentation
    • hand out flyers at public events
    • sit at an information table at Town Meeting, in grocery store, or at the dump
    • say a few words at a public meeting, club gathering, etc.

           When people see that neighbors, reasonable people they like or respect, support the library, they will, too.  The informal promotion that you do will be invaluable in making sure that everyone in your community knows about what the library offers and feels free to use it.  You don't have to be a skilled orator in order to be a good advocate for your library.  All it really takes is a belief that your library makes a difference to the community.

           As you go about your normal life, you can also help promote your library by:

    • hanging up posters and distributing flyers about library programs
    • attending and helping out at as many library programs as possible
    • introducing yourself as a trustee and soliciting ideas and suggestions whenever you are out in the community
    • serving on other boards and joining community organizations to make connections for the library
    • joining your library's Friends group (remaining conscious of the different purposes of the two groups) and supporting their activities
       


BUILDING AND GROUNDS ISSUES

           Your library building is an incredible community asset and focal point.  Think of the building and grounds from a public relations standpoint.  When people are unhappy there, they will let others know or they will avoid it.  When they are pleased, they often will simply enjoy their surroundings.  A pleasant space will definitely enhance their experience.

           Whether it is a separate building or a space in a larger building with other uses, trustees should make sure that it is a welcoming, pleasant, safe place for everyone to visit.   The degree to which your board will be involved in building and grounds issues depends on the building's ownership, which could be the library board, a municipality, a community organization, or landlord. 

           If the trustees own the building, the board may designate some members to serve on a Buildings and Grounds Committee to work with the library director.  This committee might include community members with expertise in certain areas if needed.   The library may also employ a custodian who is hired and supervised by the director.  If the municipality or another entity owns the building, the library director generally serves as liaison to the building supervisor.  Nonetheless, the board should remain aware of the building as important to the library experience.  Make sure that there are guidelines for staff and patron safety, that staff and volunteers receive adequate safety training, and that local emergency personnel are familiar with the building.

           Conduct an annual walk-through/around with your library director.  Make sure new trustees are familiar with the building and grounds.  Use the "Library Image Checklist" on the following pages as a starting point. Start your review of the building and grounds by parking, then walking into the building, and then walking through the facility.  Try to be as objective as possible.  Think about patron and staff safety, both on an everyday basis and if a disaster, such as flood or fire, occurs.  

           Every library should make an effort to make its services available to all.  The Americans with Disabilities Act, passed in 1990, insured that every American would have access to services and participate fully in community life.  The ADA applies to both municipal and incorporated public libraries, but in different ways.  For more information about the ADA and for a Checklist for Readily Achievable Barrier Removal, see the US Department of Justice's ADA homepage.   If your library building is not accessible, your board should do an assessment and develop a transition plan to remove barriers and offer alternatives until accessibility is achieved.  As new library services are added, remain mindful of accessibility issues.


LIBRARY IMAGE CHECKLIST

This audit of the library's internal and external image was based on one included in the South Carolina State Library Standards (1998). 

 

   

Yes

No

Outside of building

 

 

Is the shrubbery and grass well-maintained?

 

 

Are there areas in which flower beds could be created?
    If beds are there, are they maintained regularly?

 

 

Are the signs for the library in good condition? Do they need repainting?
    Can you read them?
    Are they large enough? 
    Do they need to be lit?

 

 

Is there trash on the grounds?
    Are trash containers available?
    Are containers available outside for smokers to extinguish cigarettes?

 

 

Are walks and ramps shoveled promptly after snowfalls?
    Are they well-lit?

 

 

Is visitor parking prominently marked, plentiful, and well-lit?

 

 

Is the entrance to the building clearly marked?

 

 

Where are directional signs to the library located in the community?
    Are the directions well marked and easy to understand?

 

 

Are the hours of operation posted clearly and available at all times?

 

 

Is the library physically accessible to people who use wheelchairs or who come in strollers?
    Is the front door easy to open?
    Is there a panic bar on the inside of the door?

 

 

 

 

 

Inside of building

 

 

What do patrons see first when entering the library?
    Is the staff visible?  If not, is it apparent where staff can be found?
    Is there a coat rack and a place to put wet/muddy boots?

 

 

Is the main desk well-marked with signs?
    Is it neat and uncluttered?
    Is it staffed at all times?

 

 

Is there a place such as a bulletin board to post special information?
    Is it attractively displayed?
    Is everything current?  Is it regularly "weeded"?

 

 

Are the specific areas of the library easy to reach and well-marked?
    Are there clear pathways to encourage flow through the building?

 

 

How attractive and inviting are the main desk, bulletin board, stacks, reading area, office, etc.?

 

 

Are all areas of the library kept neat with books, magazines, and other materials shelved or attractively arranged?

 

 

Is the furniture in good repair?

 

 

Are floors or carpet cleaned frequently?

 

 

Are trash containers strategically placed throughout the library?

 

 

Are restrooms clearly marked and kept clean?

 

 

Are non-public areas clearly marked or locked?

 

 

Are emergency exits clearly marked?
    Are fire extinguishers inspected annually and in working order?

 

 

 

 

 

Other items

 

 

Is the library listing in the telephone book under a name that the public would most likely use?  Is the listing in all relevant areas of the book?

 

 

Do key information points such as the Chamber of Commerce, Town Office, schools, and local service stations know where the library is?

 

 

Do all patrons, regardless of needs or reasons for visiting the library, feel welcome?
    Do staff greet them as they enter?

 

 

Does the staff understand the importance of good customer service to the library?

 

 

Does the staff understand the role they play in developing and maintaining a positive image for the library?

 

 

Is customer service regularly promoted to the staff?

 

 

Is the staff neat in appearance?

 

 

Is the staff knowledgeable about their specific area as well as the library in general?

 

 

Does the staff respond promptly and courteously to patron requests?

 

 

 

 

 

Publicity and public relations

 

 

Do you have letterhead and envelopes for the library?

 

 

Do your printed materials have a consistent format?

 

 

Are signs in the library easily read and neatly done?

 

 

Are printed materials grammatically correct and spell-checked?

 

 

Does the library have a logo?
    Is it easily recognizable?
    Does it reflect the image you want for your library?

 

 

Do displays entice people to explore different areas of the library?

 

 

Do staff and board speak positively about the library and promote its services to civic, church, and business groups in the community?

 

 

 


The Business of the Board

BOARD MEETINGS

           Very few people enjoy going to meetings, yet meetings are part of our lives.  Trustees' meetings are essential for keeping the lines of communication strong between trustees and the library director and for sharing information.  Use these times to discuss issues, plan for the future, evaluate current services, set priorities, clarify or revise policies, make decisions, coordinate activities,  and gain mutual understanding.

           In order to be productive, every trustee and the librarian should attend regular board meetings.  Most boards find that a monthly schedule works well and keeps people on task.  Schedule meetings ahead of time – perhaps the same time and day of each month.  Begin and end on time.  Distribute the agenda, minutes of the previous meeting, the librarian's report, and other reading at least one week prior so that everyone arrives prepared, having had time to think about important issues.

           The board chair and librarian should develop the meeting agenda together, but individual trustees should be able to add to it.  A sample agenda might be as follows:

      1. Call to order
      2. Secretary's report – attendance, accept previous minutes
      3. Treasurer's report
      4. Librarian's report
      5. Committee reports
      6. Unfinished business
      7. New business
      8. Other business
      9. Public comments
      10. Adjourn 

           It is important for the board chair to keep discussion flowing so that everyone has a chance to voice an opinion or ask questions and so that no one dominates.  However, everyone – trustees and librarian – has an obligation to make sure that meetings are efficient yet thorough.  Your board meetings should normally last no longer than two hours unless there is a major crisis.  If they do run longer, consider whether the trustees are

    • micromanaging – deciding details that the librarian or a committee could handle
    • allowing someone to dominate discussion
    • repeating issues unnecessarily or without coming to consensus or a conclusion
    • revisiting previously made decisions
    • becoming distracted
    • discussing irrelevant issues or gossiping
    • allowing tardy or habitually absent trustees to control or distract the meeting

           It often helps to clarify and review discussion and decisions as you proceed with complex issues in order to avoid having to deal with the same issues meeting after meeting.  Sometimes, unless you are faced with an emergency, the board may want to defer a major decision until more information can be gathered or individuals have time to think about an issue from all angles. 
For example, never try to write something like a policy "from scratch" at a meeting.  Discuss basic principles or ideas and then delegate someone to write a draft for the next meeting.  Be sure to send the draft to everyone ahead of time so that it can be revised at a meeting.  Keep fine tuning until everyone is satisfied.  This may take a few months but should result in consensus.

           While you should expect your library director to attend all board meetings, there may be times when s/he will invite another library staff member to provide information or suggest action.   As a trustee, you should become acquainted with all staff, but individual trustees should never go to staff for their opinions outside the meetings.  Your director should be your liaison with the staff. 

           Board committees can help get things done between meetings, and you may find that they help cut down on the length of board meetings.  Some boards recruit community members with specific expertise to serve on committees.  For example, a contractor might serve on your building committee or a banker might serve on your fund raising committee.   Consult with non-trustee experts whenever necessary, particularly an attorney when you have legal questions or reservations.  Refer complaints, salespeople, the press, and other inquirers first to the librarian, rather than the board.

           Make sure to observe Vermont's Open Meeting Law (1 V.S.A., § 310 & § 312).  Compliance is fairly simple, but remember that, according to former Deputy Secretary of State Paul Gillies, whenever a majority of board members is gathered, whether planned or not, it is a public meeting and the Open Meeting Law should be observed.  Be very careful about going into executive sessions, making sure that the reasons meet one of the seven criteria and that votes are taken only in public session.   In addition, draft minutes of the meeting must be available to the public, either in writing at the library or on the library's website, within five (5) days of the meeting.

           For more information on Vermont's Opening Meeting Law, see the Secretary of State's A Guide to Open Meetings, in Appendix B of this manual.

           After the meeting is over, make sure you follow through with anything you have promised to do, and report back to the board chair or librarian when you do.  Support the board's decisions, in public or in private, even if you disagree individually.  Do not make decisions for the board, the librarian, or the library outside of meetings. 

Public Boards and Electronic Mail          

           The Vermont Secretary of State's Office provides opinions on matters related to local government (see the Secretary's Opinions newsletter).  The following information is drawn from opinions issued in that newsletter.

           Boards must take care when they communicate electronically.  All documents - including e-mails - obtained in the course of agency business are public record.

           The Vermont Public Record Law broadly defines public record or public document as "...or any other written or recorded matters produced or acquired in the course of agency business..." unless the document fits one of the exceptions listed in the statute. 1 V.S.A. § 317(b). Emails that are written, sent, or received in the course of the business of the public board or entity or between board members dealing with board business are public records and must be produced for inspection upon request. An email must be reviewed or considered in the same light as a letter would be considered on the same topic. If a letter on the same subject would become a public record, then the email is public record. Copies of emails sent and/or received in the course of board business should be provided to the custodian of public records for the board so that the public can inspect them upon request.

           The issue of whether board members may conduct municipal business electronically is a tricky one.  This is because many common practices in the private sector will violate open government laws when used in the public sector.

           The first principal of open government to keep in mind is that no public body may conduct the business of the public body outside of a public meeting, all discussions and decisions must be made in a public meeting (in some cases, in an executive session.)  1 V.S.A. § 312. The only exception to this rule is for merely routine administrative matters and for the deliberations of a quasi judicial body.  As a practical matter this means a board may use e-mail to set the agenda for an upcoming meeting or to schedule a time for a special meeting, or to pass along documents, reports or letters that will be discussed at the meeting (and that will be available for the public to view at the meeting - unless the document is exempt under the public records law.) 

           A Board is not permitted to make a decision about its rules of procedure through e-mail.  This is an administrative action of the board and the discussion and decision in the matter must be held in a public meeting of the board.

           As long as a quorum of the board is not e-mailing each other all together, and the board does not use e-mail to make decisions, board members may send individual e-mails to each other, other town officials and members of the public about the business of the board.  These e-mails are public record (unless an exemption applies to the particular subject matter) and steps should be taken to ensure that they are preserved in accordance with the town's record schedules. 1 V.S.A. § 317(b).  Note that the public record law applies to all e-mails by local officials that are sent or received during the course of agency business that relate to the business of the town – even those sent and received on home computers.

           If your Board has questions about its use of email, consult your town or library attorney or the Secretary of State's Office.


ORIENTING NEW TRUSTEES
 

Board by-laws should address how trustees are appointed or elected and how vacancies are filled.  Orientation of new trustees does not need to be fancy or formal, but you should not wait until the new trustee's first board meeting to offer it.  Prospective trustees should be given some information and a chance to discuss what is expected of a trustee prior to running for office or agreeing to be appointed. 

Each new trustee should receive a notebook of written materials, including copies of:

        • library policies
        • board by-laws
        • long range plan
        • the current budget
        • a list of other trustees and library staff
        • staff job descriptions
        • list of library hours, programs, services and basic facts
        • latest library statistical report
        • Friends of the Library information
        • minutes of recent board meetings
        • library publicity pieces
        • a membership form for the Vermont Library Association (VLA)
        • "A Manual for Vermont Library Trustees"  (available from the Department of Libraries)

The notebook can be passed from trustee to trustee, but be sure that you update its contents regularly.

Prior to that first board meeting, the librarian and the board chair should meet with the new trustee.  The librarian might discuss what s/he loves about the job and her/his hopes and dreams for library service.  The board chair might talk about board meetings, committee work, problems and pleasures relating to providing library service, and upcoming activities.   A tour of the facility can also be illuminating.

The new trustee's orientation continues at the first board meeting.  Leave plenty of time on the agenda for questions, and welcome them all.  Remember that a newcomer will need background for everything you discuss in order to help make intelligent decisions.  Even if a trustee has been recruited to perform a particular duty, such as that of treasurer, give that person time to learn the ropes before assuming the job.  Make the transition easy by thinking of the information you would need in order to do the job and then by supplying those details.

Encourage a new trustee to learn more about trusteeship by using the library regularly, by visiting other libraries in the area, and by attending workshops and meetings for trustees.  The annual fall trustees' conference sponsored by VLTA, the annual spring Town Officers Educational Conferences sponsored by the Vermont Institute for Government, and the annual spring Vermont Library Conference are all excellent opportunities for learning, not just for new trustees, but also for seasoned ones.  Consultants from the Department of Libraries (DOL) are also available to visit your library for board orientation or to discuss particular issues.


BY-LAWS

           Whether from a municipal or an incorporated public library, the board of trustees' by-laws will help outline its responsibilities in general and those of officers in particular.  By-laws offer a structure within which to operate by outlining the board's operation.  Make sure yours cover the following points:

      1. Purpose of the board
      2. Membership
              -- when and how are trustees appointed or elected?
      3. Term of office
              -- many trustees are elected for five year terms, with one trustee being elected each year
              -- term limits are advisable so that trusteeship is not a "life sentence"
      4. Officers – generally Chair or President, Vice-Chair or Vice-President, Secretary, and Treasurer
              -- when and how are officers elected?
              -- how long are their terms of office?
              -- what are their general duties?
      5. Meetings – frequency, dates, times, location, special meetings
      6. Quorum – how many trustees need to be present in order to vote on any issue?
      7. Committees
              -- what are they and what do they do?
              -- how are members appointed?
      8. General agenda for regular meetings
      9. General duties of trustees and librarian
      10. Budgetary and financial procedures and responsibilities
      11. Membership and participation in state and national organizations
      12. Procedures for conducting business and decision making
              -- Robert's Rules?  consensus?
      13. Procedure for amending by-laws

           It is highly unlikely that you will revise your by-laws much, but every trustee should have a copy of them and be familiar with them.  While each library board's by-laws will take local situations into account, if your board is thinking of revising its by-laws, identify some libraries that are similar – municipal or incorporated?  city or small town? – and ask for copies of their boards' by-laws.  

         The Vermont Secretary of State has sample by-laws for a nonprofit corporation at its website that may be adapted.   The website states that

      Every organization is different and may have special considerations. These model bylaws are intended to point out some of the things that an organization might want to consider when writing its bylaws.  Bylaws are not filed with the Secretary of State. They should be kept with your records.


 IS WHAT YOU'RE DOING ETHICAL?


 
            Vermont is a small state with many small towns.  People in public office often know one another.  They may even be related.  The gossip mills are active.  Because your public library serves the public using public funds and/or those entrusted to it, it is important that your board conduct its business in an ethical manner.  The American Library Trustees Association  (ALTA) adopted an ethics statement for trustees in 1985, which you and your board should read and discuss:


ETHICS STATEMENT FOR PUBLIC LIBRARY TRUSTEES

      Trustees in the capacity of trust upon them, shall observe ethical standards with absolute truth, integrity and honor.

      Trustees must avoid situations in which personal interests might be served or financial benefits gained at the expense of library users, colleagues, or the situation.

      It is incumbent upon any trustee to disqualify himself/herself immediately whenever the appearance or a conflict of interest exists.

      Trustees must distinguish clearly in their actions and statements between their personal philosophies and attitudes and those of the institution, acknowledging the formal position of the board even if they personally disagree.

      A trustee must respect the confidential nature of library business while being aware of and in compliance with applicable laws governing freedom of information.

      Trustees must be prepared to support to the fullest the efforts of librarians in resisting censorship of library materials by groups or individuals.

      Trustees who accept library board responsibilities are expected to perform all of the functions of library trustees.

           What does the above mean in the real world?  Here are some situations trustees should avoid:

        • serving as a staff member of the library or allowing  a family member to work there.
        • hiring a family member of a trustee to work on the library's building or purchasing services, supplies or goods from a trustee's family member.
        • awarding a contract to a company in which a trustee owns stock, even if the company makes the lowest or best bid
        • depositing money in a bank in which a trustee is a bank trustee or employee.
        • allowing unauthorized payment of trustees
        • telling others about borrowers' habits and overdue materials
        • using and/or compensating an attorney or accountant on the board to work for the library and/or library board
        • condoning other trustees' conflicts of interests

           In addition to the above, it is important to note that trustees make decisions as a group, not as individuals.  Ideally, the time for dissent is before a vote is taken.  After an issue has been voted on, the board as a whole should support the decision in public.  Any misgivings or concerns after the fact should be addressed to the board as a whole at a meeting.  Outside of the meeting, the board should speak with one voice.


Appendix A – Resources for Trustees
 

Available from the Department of Libraries:

Policymaking for Vermont Public Librarians and Trustees, 2002.

Vermont Public Library Statistics – issued in February each year – available at http://libraries.vermont.gov/libraries/stats/plstats

Vermont Public Library Almanac:  A Compendium of Often-Answered Questions, 2nd ed., 2002.  available at http://libraries.vermont.gov/sites/libraries/files/misc/vtpublibalmanac.pdf

Job Descriptions:  A Quick Look, 2005 – available at http://webjunction.org/jive/servlet/JiveServlet/download/156-6531-43548-2566/Job%20Descriptions%20-%20A%20Quick%20Look.doc

Performance Evaluations:  A Quick Look, 2005 – available at http://webjunction.org/jive/servlet/JiveServlet/download/156-6531-43548-2567/Performance%20Evaluations%20-%20A%20Quick%20Look.doc


Websites to explore:**

Department of Libraries (DOL):  http://www.libraries.vermont.gov
       Follow links from "Librarians' Resources" to Dept. of Libraries News, public library statistics, library directory, bibliographies, links to other resources

Department of Libraries' WebJunction site:  http://vt.webjunction.org
       Follow links under "Continuing Education Discussions" for handouts and outlines from workshops, including long range planning, conflict resolution, and many other topics. 

Vermont Library Association (VLA):  http://www.vermontlibraries.org
       Membership forms, officers, job listings, events, and the publication Increasing Public Library Compensation (rev. 2006).

American Library Association (ALA):  http://www.ala.org
       Good information, including advocacy and intellectual freedom documents.   American Library Trustees Association division website (http://www.ala.org/template.cfm?Section=alta) offers ethics statement and links to other states' trustees associations and manuals.

Adaptive Environments:  http://www.usdoj.gov/crt/ada/checkweb.htm
       Practical checklist for readily achievable barrier removal to comply with Americans with Disabilities Act.

Connecticut State Library Library Space Planning Guide http://ct.webjunction.org/do/DisplayContent?id=6181
       Originally written in 1999 by Anders Dahlgren, this is extremely practical and a good place to start.

Friends of Libraries USA (FOLUSA):  http://www.folusa.com/
       Helpful hints, fact sheets, and links to libraries' Friends groups' websites.

Institute of Museum and Library Services (IMLS) public library statistics page including "Compare Public Libraries" tool:  http://harvester.census.gov/imls/compare/index.asp
       Compare your library's performance to those serving populations of similar size or meeting any variables you set anywhere in the country. 

New England Library Association (NELA):  http://www.nelib.org
       Membership information, a newsletter, and other links. 

UVM Center for Rural Studies:  http://crs.uvm.edu
       Follow links to obtain community demographic information, community profiles (http://crs.uvm.edu/2000dps), Vermont School Reports, citizen guides (e.g., Born to Chair)

Vermont League of Cities & Towns (VLCT):  http://www.vlct.org
       A nonprofit, nonpartisan organization that serves Vermont's municipal officials.

Vermont Secretary of States Office:  http://www.sec.state.vt.us/municipal/
       Municipal information web page designed for local officials,
The Law of Public Libraries


**All links checked 11/30/2007 


Request on interlibrary loan:

Intellectual Freedom Manual, 7th ed.  ALA, 2006.  Guide to preparing for censorship but also useful for policymaking and thinking about philosophical underpinnings.   

Nelson, Sandra S.   The New Planning For Results : A Streamlined Approach.  ALA, 2001.    Outlines process used by a number of Vermont public libraries.  Watch for 2008 edition. 

Minow, Mary & Tomas A. Lipinski.  Library's Legal Answer Book.  ALA, 2003. 

Moore, Mary Y.  The successful library trustee handbook.  ALA, 2005.   

Nelson, Sandra & June Garcia.  Creating policies for results:  from chaos to clarity.  ALA, 2003. 

Reed, Sally Gardner.  Making the case for your library : a how-to-do-it manual.  Neal Schuman, 2001.


Links in this document:

American Library Association (ALA)
http://www.ala.org/

American Library Trustees Association (ALTA)
http://www.ala.org/template.cfm?Section=alta

Budgeting Worksheet
http://webjunction.org/jive/servlet/jiveservlet/download/156-6531-43548-2565/budgeting%20worksheet.doc

Freedom to Read Statement (ALA)
http://www.ala.org/ala/oif/statementspols/ftrstatement/freedomreadstatement.htm

Friends of Libraries USA (FOLUSA)
http://www.folusa.org/

Increasing Public Library Compensation (VLA)
http://www.vermontlibraries.org/compensation5.07.pdf

Job Descriptions:  A Quick Look (DOL)
http://webjunction.org/jive/servlet/JiveServlet/download/156-6531-43548-2566/Job%20Descriptions%20-%20A%20Quick%20Look.doc

Law of Public Libraries
http://www.sec.state.vt.us/municipal/pubs/Law_of_Public_Libraries_August_2008_Final.pdf

Library Bill of Rights (ALA)
http://www.ala.org/ala/oif/statementspols/statementsif/librarybillrights.htm

Nelson, Sandra.  The New Strategic Planning for ResultsWorkforms.  (ALA, 2008).
http://www.elearnlibraries.com/workforms/strategic_planning_for_results.html

Long Range Plans (Samples)
http://www.sandranelson.com/library_links.htm

Performance Evaluations:  A Quick Look (DOL)
http://webjunction.org/jive/servlet/JiveServlet/download/156-6531-43548-2567/Performance%20Evaluations%20-%20A%20Quick%20Look.doc

Public Library Association (PLA)
http://www.pla.org/

Ranganathan, S. R.  The Five Laws of Library Science.  (1931).
http://dlist.sir.arizona.edu/1220/

Simmons College New England Library Jobline
http://www.simmons.edu/gslis/career/jobline/

United States. Department of Justice.
   
Checklist for Readily Achievable Barrier Removal
   
http://www.usdoj.gov/crt/ada/checkweb.htm
   Americans with Disabilities Act (ADA) Home Page
   http://www.usdoj.gov/crt/ada/

United States.  Department of the Treasury. Internal Revenue Service (IRS).
   501(c)(3) (nonprofit/tax-exempt) status information
   http://www.irs.gov/charities/index.html
   http://www.irs.gov/govt/fslg/article/0,,id=112708,00.html

Vermont Department of Human Resources (DHR)
   
A Guide to Interviewing and Reference Checking
   
http://www.vermontpersonnel.org/htm/pdf/interviewguidedoc.pdf

Vermont Department of Libraries (DOL)
   
News (quarterly newsletter)
   http://www.libraries.vermont.gov/libraries/news/
   Staff Directory
   http://www.libraries.vermont.gov/libraries/contacts

Vermont Library Assn./Vermont Library Trustees Assn. (VLA/VLTA)
http://www.vermontlibraries.org

Vermont Secretary of State's Office
   Corporations Division.  Non-Profit Center.
   http://www.sec.state.vt.us/tutor/dobiz/noprof/Nonprofit/nphome.htm
   
A Guide to Open Meetings
   
http://www.sec.state.vt.us/municipal/pubs/a­­_guide_to_open_meetings_2006.pdf
   Model Bylaws (Non-Profit)
   http://www.sec.state.vt.us/tutor/dobiz/noprof/foliage.htm
   
Opinions (monthly newsletter)
   http://www.sec.state.vt.us/municipal/opinions.htm

Vermont Statutes.  Immunity from Liability.
http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=12&Chapter=201

Vermont Statutes.  Non-Profit Corporations.  Directors and Officers.
http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=11B&Chapter=008

Vermont Statutes.  Open Meetings and Public Records.
http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=01&Chapter=005


Call your Department of Libraries regional consultant for advice, handouts, miniworkshops, trustee orientation.  We will come to your libraries for a meeting or informal discussion of many issues:

 

Attend one of the Town Officers Educational Conferences, sponsored each Spring by the Vermont Institute for Government and the UVM Extension Service.  For details find a link at the VLA website, http://www.vermontlibraries.org, next February.  Trustees are also welcome at the annual Vermont Library Conference, held in May at the Sheraton Hotel, South Burlington.  Check the VLA website for details.


Appendix B

A GUIDE TO OPEN MEETINGS
Revised August 2006
Deborah Markowitz, Vermont Secretary of State

Living in Vermont, we expect openness in government. Any day the legislature is in session we can sit down in either chamber, or in the various committee rooms, and see laws being made. Any day we can walk into the county courthouse and attend any hearing or trial, or watch the arguments being given before the Vermont Supreme Court. We can attend Act 250 hearings and meetings of the local zoning board, and any other public body, and we can expect to see notices of those meetings in the newspaper or on public bulletin boards. We can review and copy public documents in state and local offices.

One important foundation of openness in Vermont is the Right to Know laws, including those related to open meetings and public records. Together they are the most important public laws we have because they allow us direct access to the decisions that affect us. A full understanding of these laws makes everyone a better citizen. This is an introduction to the open meeting law.

You can read the open meeting law for yourself. The open meeting law is found in every town clerk's office, in Title 1 of the Vermont Statutes Annotated. Title 1 is in the first volume of a set of green law books that include all of the statutory laws of the state. Look for sections 310 through 314, and make sure you check the pocket part to see if there is newer law to review for each section. You can also find this law on the internet through the Vermont Automated Library System (VALS) at:  http://www.leg.state.vt.us/statutes/statutes.htm

MEETINGS OF A PUBLIC BODY MUST BE OPEN TO THE PUBLIC

      • Public must be given notice of the meeting.
      • Public must be allowed to attend the meeting and be heard.
      • Minutes of the meeting must be taken.

WHO DOES THE OPEN MEETING LAW APPLY TO?

This open meeting law applies to all boards, councils and commissions of the state and its political sub-divisions (i.e. municipalities), including subcommittees of these bodies. This means the open meeting law governs meetings of selectboards, planning commissions, boards of civil authority, recreation commissions, municipal public library trustees, auditors, listers, etc.

WHEN DOES THE OPEN MEETING LAW APPLY?

Whenever a quorum (a majority) of a public body meets to discuss the business of the board or to take action, the open meeting law will apply. This means that if a majority of a board find themselves together at a social function they must take care not to discuss the business of the board!

HOW DOES A BOARD NOTICE ITS MEETINGS?

      • A board schedules regular meetings by adopting a resolution setting the time and place of the meeting. This information must be made available to the public.
      • A board holding a
      special meeting must, at least 24 hours before the meeting, publicly announce the time, place and purpose of the meeting by notifying the board members and the local news media and any other media that has specifically requested notification, and by posting notice of the meeting in or near the clerk's office and in two other public places in the municipality.
      • An
      emergency meeting may be held in the event of a true emergency without public announcement as long as some public notice is given as soon as possible before the meeting.

WHAT IS THE PUBLIC'S RIGHT TO BE HEARD?

At an open meeting the public must be given a reasonable opportunity to comment on matters considered by the board, subject to reasonable rules set by the chair of the board.

WHAT DO MINUTES OF THE BOARD NEED TO INCLUDE?

Minutes must at least include the names of all members of the public body present at the meeting, and other active participants, and all motions, proposals, and resolutions made, and their dispositions, and the results of any votes taken. Minutes are public records, which must be available for public inspection within five days after the meeting.

WHEN CAN A BOARD MEET IN PRIVATE?

      • A board may meet in private to deliberate in connection with a quasi-judicial hearing. This is not an open meeting and does not have to be warned.
      • A board may only go into executive session upon a majority vote of the board (2/3 vote of a state board), on a motion made in open meeting, that indicates the reason for going into executive session. The only permissible reasons for going into executive session are set out in
      1 V.S.A. § 313, and are explained on page 5, herein.
      • A board may invite into executive session its attorney, administrative staff and persons who are subjects of the discussion or whose information is needed.
      • No decision may be made in executive session. Decisions may be made in deliberative session so long as there is a written decision that is public record.

WHAT RIGHTS DO THE MEDIA HAVE?

      • Upon request, the agendas of regular or special meetings must be made available to the news media prior to a meeting.
      • News agencies that wish to be notified of special meetings must provide a written request to the public body.
      • Members of the news media and the public have the right to attend meetings and to tape or videotape meetings so long as it is not done in a manner that disrupts the meeting.
      • The media and the public have the right to know the reason a board is going into executive session.

1. DEFINING OPEN MEETINGS

A state or local board or commission in Vermont meets when a quorum (majority) of its members comes together to discuss public business. Two members of a five-person board may meet without the need for public notice. 1 V.S.A. § 310(2).

The entire board can meet by itself without notice or public attendance when it deliberates on its written decision, following a quasi-judicial hearing on an application or permit. The board may also exclude the public from a proper executive session. But these are the exceptions. Most meetings are public.

Committees and subcommittees of public boards must follow the law, just as the full board itself.

That means there must be public notice, an opportunity for members of the public to speak to the board, and written minutes, which the law requires to be ready for review within five days of the meeting. Meetings held without respecting the details of the law are illegal, and the courts regard what is done in those meetings as voidable. More importantly, illegal meetings are an offense to democracy. In Vermont the people rule, sometimes directly, sometimes through elected or appointed representatives, but always with the benefit of public scrutiny.

The open meeting law is based on Article 6 of the Vermont Constitution. Article 6 guarantees that "all power being originally inherent in and consequently derived from the people, therefore, all officers of government, whether legislative or executive, are their trustees and servants; and at all times, in a legal way, accountable to them."

One way of demonstrating accountability is conducting public business in public for everyone to see.

2. PUBLIC NOTICE

Vermont's open meeting law defines the basics of public notice. Other laws provide more specific directions, but every board must follow the requirements of the law as a minimum. There are three kinds of public meetings under the law:

      Regular Meeting. The most common type of meeting is the regular meeting. When a board meets on the first Tuesday of the month, every month, the law does not require formal public notice. The board needs to adopt a resolution specifying its regular meeting schedule in this instance, and provide an agenda on request, to qualify for this privilege. 1 V.S.A. § 312(c)(1).  

Agendas of regularly scheduled meetings must be made available, upon specific request, prior to meeting, so that interested members of the public can be reasonably informed of what will be discussed at the meeting.
1 V.S.A. § 312(d). Boards should not take action on matters that did not appear on the agenda since such action would violate the purpose of the open meeting law. However, courts have not yet considered whether this is a breach of the law.

      Special Meeting. A special meeting is called for some other time than the regular meeting date. In such meetings, the board usually has a more limited agenda. Public notice for special meetings requires a minimum of three public postings of the notice (one at the Town Clerk's office), as well as notice to each member of the board at least 24 hours before the meeting is to begin. The agenda must be made available, and notice must also be given to the local news media and any other media that has specifically requested notice. 1 V.S.A. §§ 312(c )(2), 310(4).

Adjourned Meetings. When a meeting is "adjourned," or continued to a new time and/or place, the meeting will not be considered a new meeting (and not require additional notice) so long as the time and place of the new meeting is announced before the first meeting is closed.
1 V.S.A. § 312(c)(4).

      Emergency Meetings are those called to respond to what the law calls "an unforeseen occurrence or condition requiring immediate attention by the public body." 1 V.S.A. § 312(c)(3). These are the rarest of meetings. Frankly, when the town hall is on fire, nobody expects the selectboard to respect the formalities of the open meeting law before calling for help. The law exempts a board from formal posted public notice for emergency meetings, but requires that some notice be given. Emergency meetings should never be used as a substitute for a poorly warned special meeting. 1 V.S.A. § 312(c )(3).

Inadvertent Meetings. A meeting occurs whenever a majority of the members of a public body are together talking about the business of the board. 1 V.S.A. § 310. This means that, for example, when a majority of a board find themselves at a social gathering together, it is important not to discuss the business of the public body.

3. THE RIGHT TO SPEAK

Every public meeting must make time for the board to take public comment. 1 V.S.A. § 312(h). The subjects may be related to the agenda or not. Many boards allow public comment at the start of the meeting. Others place it as the final agenda item. Some boards allow public comment whenever anyone present has something to add to the discussion. Whenever it occurs, public comment is an important time in the life of a board. It is the one opportunity that members of the public have to speak openly about their concerns.

Public comment period is not a free-for-all. The chair of the board is allowed by law to establish reasonable rules to ensure civility and avoid delay, and reasonable limitations on the amount of time for each speaker are not unusual or improper.

The law of school boards takes public comment one step further than for other boards. 16 V.S.A. § 554. Whenever a member of the public requests a written response to its public comments, the board is required by law to provide a written response.

4. EXECUTIVE SESSIONS

An executive session is a closed meeting within a public meeting. 1 V.S.A. § 313.

A motion and vote are essential prerequisites to entering executive session. A majority of the members of a local board (a two-thirds majority of a state board) must agree to enter for the reasons stated. This motion and vote must then be included in the minutes of the meeting, making a permanent record of the session and its reasons.

Boards may not enter executive session without first meeting in public session and then voting to close the meeting, and then only for very specific reasons.

The legislature has identified a number of reasons to enter executive session. One category, which includes consideration of contracts, civil actions, mediation, arbitration, and labor relations agreements, requires a special review before executive session is justified. The law requires the board to conclude that "premature general public knowledge would clearly place the state, municipality, other public body, or person involved at a substantial disadvantage" before voting on executive session in these cases.

Other reasons to go into executive session are:

      • The negotiating or securing of real estate purchase options;
      • The appointment or employment or evaluation of a public officer or employee;
      • A disciplinary or dismissal action against a public officer or employee; but nothing in this subsection shall be construed to impair the right of such officer or employee to a public hearing if formal charges are brought;
      • A clear and imminent peril to the public safety;
      • Discussion or consideration of records or documents that are not public documents under the access to public records act. However when the board discusses or considers the excepted record or document it may not also discuss the general subject to which the record or document pertains;
      • The academic records or suspension or discipline of students.

Abusing the law of executive session is offensive to the purpose of open meetings. Boards should close their meetings rarely, and then only for legitimate purposes. If the subject is already well known to the community, even if the board is able to find a category to cite, there is no justification for entering executive session.

No action may be taken in executive session. Entering a real estate purchase option is the sole exception. In all other instances, appropriate topics may be discussed in executive session but ultimate action must be taken by motion and vote in open session. 1 V.S.A. § 313(a).

 

Going Into Executive Session

A board may not go into executive session simply because it wishes to proceed privately. Rather, it may only exclude the public if it can point to a specific exemption in the law.  

Some boards make the mistake of "warning" meetings as executive or closed sessions. This is an error because the law requires the board to move, in open session, to go into an executive session.  

A motion to go into executive session must indicate the nature of the business of the executive session, and this motion must be passed by an affirmative vote of a majority of the members present (2/3 vote for state boards).  

In an executive session only the subject matter referenced in the motion to go into this session may be discussed.  

Attendance in executive session is limited to members of the public body, and, in the discretion of the public body, its staff, clerical assistants and legal counsel, and persons who are subjects of the discussion or whose information is needed.  

Minutes do not have to be taken in an executive session. However, if minutes are taken, these minutes are not public. 

Remember…
no binding action may be taken in executive session (except those related to securing real estate options). Rather, all final votes must be taken in open session and recorded in the minutes of the meeting. 1 V.S.A. § 313(a).

 

5. WHAT THE LAW IS NOT

The open meeting law applies to boards and commissions, not to individual officials. There is no right to sit in the town manager's office and watch her conduct town business. There is no right to be present at site visits for tax assessments or abatements, or to oversee the routine day-to-day administration of the town. 1 V.S.A. § 312(g).

Sometimes a board acts in a quasi-judicial capacity. It conducts a hearing on a variance or a conditional use permit, or when it hears tax appeals. In these instances, although the hearing is open, only interested parties (as defined by the relevant statute) may be heard, and deliberations that follow may be closed to the public. 1 V.S.A. § 312(e)(f). The open meeting law acknowledges this as an exception to the general rule about board action. When acting on these cases, boards may issue their decisions in writing, without the formality of a meeting where the decision is announced.

Some boards go beyond the requirements of the law and do everything in public (except quasi-judicial decisions – where due process may require private deliberations.) The risks entailed in letting everybody know its business are not small, but these boards will discuss everything except lawsuits in open session, and go out of their way to inform the public in attendance at the meeting of the subject as it is discussed. There is no penalty for extra openness and a high return on the investment if the public understands you have nothing to hide.

The law on open meetings is not itself going to guarantee that every decision made by a board is the right decision. It is not a mechanism for enlarging the board to include vocal members of the public with a strong point of view. In the end, after discussing an issue, a board is going to make a decision with motion and vote or pass over the question, and that decision is the board's to make.

6. MINUTES

Every meeting needs minutes. The open meeting law requires minutes to include the result of all votes, all motions (including those that fail), and the names of all persons participating in the meeting. Minutes must be available for review and copying within five days of the meeting, even if the board has not yet approved them. 1 V.S.A § 312 (b).

Minutes are the permanent record of the board's actions. They should be of interest to anyone planning to appear before a board with a proposal, to understand the board's process and precedents. Copies are available through the clerk of the board. Those interested may review minutes of former meetings on request, and obtain copies at the actual photocopying cost.

7. ENFORCEMENT

Members of the public have rights to enforce violations of the law in superior court. The law provides that these courts must schedule hearings of such violations as soon as the docket allows it, allowing swift resolutions of disputes. Courts may fine the town or order the board to follow the law. The Attorney General is also authorized to prosecute violations. 1 V.S.A. § 314.

Prosecutions are rare in Vermont. When they happen, the media is quick to cover the story. People take open meetings seriously here.

The open meeting law should be enforced with the same spirit in which it is written. It is a guide to proper behavior by public officials. Sometimes boards make mistakes. In cases where the offense is unintentional, the best remedy is often to ensure that the board understands how the law works so that it does it right the next time.

8. FINAL THOUGHT

Good government is open government. Open meetings beget open minds. Openness generates trust and fidelity to law. It gives people direct access to decision-making and provides a civil forum for public criticism and appreciation of the hard work of governance.

There is bound to be tension between efficiency and openness. Doing things in public is not the way most of us are used to conducting our business. New board members are always surprised at how it feels to do things as unguardedly as the open meeting law requires. Even members of the public are sometimes amazed at how much of government is open and available to them.

Don't sit home and complain your government doesn't represent you.  

Go see it in action.  

It's an education.

 (This document is available online at:  http://www.sec.state.vt.us/municipal/pubs/a­­_guide_to_open_meetings_2006.pdf)