Whoa Nellie! First let’s ask a different question: Is the library a department of its Municipality: city, township or county? With a very few exceptions created by state law or home rule charter ordinances, the answer is NO. Public libraries are political subdivisions, and their boards are “bodies corporate and politic, possessing the usual powers of a corporation for public purposes…” A city department has no such separate corporate identity.
Because the library board has the authority to determine the amount of tax funds to be collected for the library but is not a taxing subdivision, the municipality appoints the library board, levies the library tax and approves real property purchases. In addition the city may hold title to the library building and may assist with building maintenance, insurance, etc.
However, with these qualifications the library remains an independent entity. For most library boards, the question is: Since we are not a municipal department how should we govern the library and interact with the municipal government? These are a few thoughts about that:
- The library board should resist any impulse to consider itself a city department and take full responsibility for setting the library budget (subject to any charter ordinance), provide appropriate salary and benefits for library staff, oversee library finances and determine policies.
- The library board needs to continuously work for a close, open and productive relationship with the city. It is of vital importance to keep the municipal government aware of library services, issues and needs. Since the library’s budget is published as part of the municipal budget, the city government naturally has a “need to know” about library activities. Even though it is not a city department the library board should work in close partnership with the municipality without abandoning its independent powers.
- NEKLS encourages library boards to retain all of their legal authorities, and particularly control of library funds and personnel.
These comments do not represent legal counsel, and do not apply to district libraries, which are totally independent of their municipal governments.
Jim Minges is the Director of NEKLS. You can reach him by email (jminges (at) nekls.org) or by phone. Visit the 
