This page provides an index to questions from library trustees that have been published, along with answers, in issues of Channel, the bimonthly newsletter of the Wisconsin Division for Libraries, Technology, and Community Learning (DLTCL). Also included are links to articles on library law and administration relevant to public library trustees and library directors.
Many more resources for the Wisconsin public library community can be found on the DLTCL Public Library Development Team Home Page, and the pages for Policy Resources, Trustee Resources, and Adminstrative Essentials.
Please let me know if you have any suggestions for additional questions.
John DeBacher, Public Library Administration Consultant
Can a village board president remove library trustees from office before their terms are up?
Answer
Can our library board's bylaws establish term limits for library board members?
Answer
One of our library board members has moved to another county but wants to continue to serve on the board. Does she have to resign since she's no longer a resident?
Answer
Our library board has a tradition of "rotating" the position of library board president. This practice ensures that almost everyone on the board gets an opportunity to be board president. Is this an advisable practice?
Answer
Who makes the school district appointment to the library board? Does the board have to have a representative from the municipality? How many board members can live outside the municipal area?
Answer Note: Effective June, 2006, counties may appoint up to five additional members to municipal library boards per s. 43.60.
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How do we ensure the person we hire as library director gets properly certified?
Answer
We are hiring a new library director. Do we need to require them to have valid Wisconsin library certification to qualify?
Answer
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Can libraries charge patrons a fee for interlibrary loan service?
Answer
Can parents find out what their children have checked out from the library?
Answer
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How do copyright law changes affect libraries?
Answer
What copyright notice should be placed on library equipment (including computers) that can be used for making copies?
Answer
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Can our board designate the library director as the individual who signs checks for purchases out of the library-held "gift fund" checking account?
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Can our library put gift funds into a library checking account? Can we do the same thing with library fine and fee income?
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Can the library board transfer money from its gift fund to our library foundation?
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Our library director is retiring. Could the library trust funds be used to pay for her sick leave settlement? Could those donation funds be used to pay for a farewell gift?
Answer
We would like to establish and manage a gift fund for our library. Do we need to establish a library foundation (a separate non-profit 501(c)(3) organization) to solicit funds and administer the endowment fund?
Answer
Go to Topics
Our library board will be requesting bids for a remodeling project at the library. One of our library board members is a building contractor. May that library board member submit a bid on the remodeling project?
Answer
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Our library board will be requesting bids for a remodeling project at the library. One of our library board members is a building contractor. May that library board member submit a bid on the remodeling project?
Answer
Our village would like to charge us rent for our village-owned building, which we share with the fire department. Can they do this?
Answer
Go to Topics
Can libraries charge patrons a fee for interlibrary loan service?
Answer
Can our library charge fees to users of our library computers?
Answer
The budget guidelines from the mayor ask that each department establish user fees to supplement the budget. What fees can the library charge?
Answer
Go to Topics
Can our board designate the library director as the individual who signs checks for purchases out of the library-held "gift fund" checking account?
Answer
Can our library put gift funds into a library checking account? Can we do the same thing with library fine and fee income?
Answer
Can the library make purchases from a petty cash fund?
Answer
County funding extended to adjacent counties
Answer
Does the library have to pay State sales tax for sales from the public copier?
Answer Note: The standard relating to a nonprofit organization’s receipts was increased to $25,000, effective January 1, 2006. Information on sales tax exemptions for nonprofits can be found here
If someone files for bankruptcy, is their "debt" to the library for fines and lost materials erased?
Answer
Our library board will be requesting bids for a remodeling project at the library. One of our library board members is a building contractor. May that library board member submit a bid on the remodeling project?
Answer
Our library director is retiring. Could the library trust funds be used to pay for her sick leave settlement? Could those donation funds be used to pay for a farewell gift?
Answer
Our village would like to charge us rent for our village-owned building, which we share with the fire department. Can they do this?
Answer
The budget guidelines from the mayor ask that each department establish user fees to supplement the budget. What fees can the library charge?
Answer
We would like to establish and manage a gift fund for our library. Do we need to establish a library foundation (a separate non-profit 501(c)(3) organization) to solicit funds and administer the endowment fund?
Answer
Go to Topics
Can the library board transfer money from its gift fund to our library foundation?
Answer
We would like to establish and manage a gift fund for our library. Do we need to establish a library foundation (a separate non-profit 501(c)(3) organization) to solicit funds and administer the endowment fund?
Answer
Go to Topics
Is it OK for our library to donate withdrawn books to the local "Friends of the Library" organization? In what other ways can we handle withdrawn books?
Answer
Our Friends of the Library organization is planning a fundraising effort and has requested use of names and addresses from our library patron database for a mailing? Can our library provide that information to the Friends?
Answer
Go to Topics
Can we give a list of names and addresses of our library's patrons to our Friends of the Library organization so they can use the list for fund-raising purposes?
Answer Note: the reference to Wisconsin Statutes Section 43.60 should be 43.30.
Our Friends of the Library organization is planning a fundraising effort and has requested use of names and addresses from our library patron database for a mailing? Can our library provide that information to the Friends?
Answer
Go to Topics
Is the library allowed to search bags? If not, could they have a policy that requires all bags to be left at the front desk?
Answer
Our library board needs legal advice; who can we turn to for help, and who will pay the legal bills?
Answer
Do library employees have to undergo safety training?
Answer
Go to Topics
See Appointments for issues regarding appointments to library boards and terms in office.
See Open Meetings for issues regarding meetings, agendas, and open meetings law.
Board Meetings for New Trustees
Answer
Can the library trustees use email to communicate about library issues?
Answer
Our city administrator would like to evaluate our library director. Is this acceptable?
Answer
Our library board has a tradition of "rotating" the position of library board president. This practice ensures that almost everyone on the board gets an opportunity to be board president. Is this an advisable practice?
Answer
Our library board has approved a salary increase for library employees. Does this action also need to be approved by the municipality's personnel committee before it takes affect?
Answer
Our library board needs legal advice; who can we turn to for help, and who will pay the legal bills?
Answer
Our library board will be requesting bids for a remodeling project at the library. One of our library board members is a building contractor. May that library board member submit a bid on the remodeling project?
Answer
How often do library board meetings have to be scheduled?
Answer
The library board wants to meet in closed session to discuss the library director's performance. The director says that he and his attorney should be included in the meeting. Do we have to allow them to be present in the closed session?
Answer
We have never evaluated the performance of our library director. How do we go about conducting a performance evaluation?
Answer
We spend too much time during our library board meetings on routine reports and other routine items, leaving little time for discussion of important policy, budget, and planning issues. How can we streamline our meetings?
Answer
We will soon have some new trustees appointed to our board. What can we do to help our new trustees prepare for their duties as a library board member?
Answer
What can we do if we have a library board member who rarely attends library board meetings?
Answer
What officers are we required to have on our library board?
Answer
Who makes the school district appointment to the library board? Does the board have to have a representative from the municipality? How many board members can live outside the municipal area?
Answer Note: Effective June, 2006, counties may appoint up to five additional members to municipal library boards per s. 43.60.
Some of our board members don’t participate much in the meetings. How can we find people who are more involved?
Answer
Best Practices for communication between the library board, employees, and the director.
Article
Go to Topics
Can the municipality negotiate union contracts for library employees?
Answer
Can a village board president remove library trustees from office before their terms are up?
Answer
Our city administrator would like to evaluate our library director. Is this acceptable?
Answer
Our library board has approved a salary increase for library employees. Does this action also need to be approved by the municipality's personnel committee before it takes affect?
Answer
Our library board needs legal advice; who can we turn to for help, and who will pay the legal bills?
Answer
Our village would like to charge us rent for our village-owned building, which we share with the fire department. Can they do this?
Answer
The budget guidelines from the mayor ask that each department establish user fees to supplement the budget. What fees can the library charge?
Answer
Who makes the school district appointment to the library board? Does the board have to have a representative from the municipality? How many board members can live outside the municipal area?
Answer Note: Effective June, 2006, counties may appoint up to five additional members to municipal library boards per s. 43.60.
Best Practices for effective communication with the municipality.
Article
Go to Topics
Our library board has a tradition of "rotating" the position of library board president. This practice ensures that almost everyone on the board gets an opportunity to be board president. Is this an advisable practice?
Answer
What officers are we required to have on our library board?
Answer
Go to Topics
Can a public library's meeting room policy deny use for religious groups?
Answer
Can the library trustees use email to communicate about library issues?
Answer
Is it legal for our library board to publicly post an agenda that lists a general subject matter item such as "miscellaneous business," or "such other matters as are authorized by law"? Can our library board legally discuss subjects that are not on the agenda but are raised by the public during a period of "public comment" listed on the agenda?
Answer
Our library board meets regularly at the same time on a set day each month. Can we put a general notice on the library Web page instead of posting individual agendas on the bulletin board?
Answer
Our library board will soon be considering a personnel-related issue. Can we go into closed session for this purpose, and, if so, how do we do this?
Answer
The library board wants to meet in closed session to discuss the library director's performance. The director says that he and his attorney should be included in the meeting. Do we have to allow them to be present in the closed session?
Answer
We spend too much time during our library board meetings on routine reports and other routine items, leaving little time for discussion of important policy, budget, and planning issues. How can we streamline our meetings?
Answer
Go to Topics
Attorney General issues opinion on library director employment contracts
Answer
Can the municipality negotiate union contracts for library employees?
Answer
Do employee records have to be disclosed to the public?
Answer
Our city administrator would like to evaluate our library director. Is this acceptable?
Answer
Our library board has approved a salary increase for library employees. Does this action also need to be approved by the municipality's personnel committee before it takes affect?
Answer
Our library director is retiring. Could the library trust funds be used to pay for her sick leave settlement? Could those donation funds be used to pay for a farewell gift?
Answer
Do library employees have to undergo safety training?
Answer
We have never evaluated the performance of our library director. How do we go about conducting a performance evaluation?
Answer
Best Practices for communication between the library board, employees, and the director.
Article
Go to Topics
Best practices for strategic planning for library services.
Article
Go to Topics
Can a public library's meeting room policy deny use for religious groups?
Answer
Can our library charge fees to users of our library computers?
Answer
If someone files for bankruptcy, is their "debt" to the library for fines and lost materials erased?
Answer
Is the library allowed to search bags? If not, could they have a policy that requires all bags to be left at the front desk?
Answer
Can libraries charge patrons a fee for interlibrary loan service?
Answer
What can our library board do to protect the confidentiality of public use of our library? We are especially concerned that library staff know the applicable laws and understand the importance of library patron confidentiality.
Answer
Go to Topics
Are public employees' email messages private?
Answer
Attorney General issues opinion on surveillance tapes.
Answer
Can parents find out what their children have checked out from the library?
Answer
Can we give a list of names and addresses of our library's patrons to our Friends of the Library organization so they can use the list for fund-raising purposes?
Answer Note: the reference to Wisconsin Statutes Section 43.60 should be 43.30.
Do employee records have to be disclosed to the public??
Answer
How does the USA PATRIOT Act relate to the Wisconsin law that provides for the confidentiality of library records? How can our library prepare for the possibility that law enforcement officials will seek records concerning our library patrons?
Answer
Our Friends of the Library organization is planning a fundraising effort and has requested use of names and addresses from our library patron database for a mailing? Can our library provide that information to the Friends?
Answer
What can our library board do to protect the confidentiality of public use of our library? We are especially concerned that library staff know the applicable laws and understand the importance of library patron confidentiality.
Answer
Best Practices for library directors and staff regarding privacy.
Article
Go to Topics
Are public employees' email messages private?
Answer
Can the library trustees use email to communicate about library issues?
Answer
Can parents find out what their children have checked out from the library?
Answer
Do employee records have to be disclosed to the public??
Answer
Does someone requesting the library to produce documents or records under the public records law need to use a special form or format?
Answer
Frequently asked questions about libraries and Wisconsin's public records law
Answer
How does the USA PATRIOT Act relate to the Wisconsin law that provides for the confidentiality of library records? How can our library prepare for the possibility that law enforcement officials will seek records concerning our library patrons?
Answer
Our Friends of the Library organization is planning a fundraising effort and has requested use of names and addresses from our library patron database for a mailing? Can our library provide that information to the Friends?
Answer
Go to Topics
Does the library have to pay State sales tax for sales from the public copier?
Answer Note: The standard relating to a nonprofit organization’s receipts was increased to $25,000, effective January 1, 2006. Information on sales tax exemptions for nonprofits can be found here
For questions about this information, contact John K. DeBacher (608) 266-7270
Last updated on 7/25/2008 3:36:53 PM
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