WVLA ANNUAL CONFERENCECANAAN VALLEY RESORT & CONFERENCE

CENTEROCTOBER 5 -7 , 20145

ARE WE LEGAL?Presenter: Karen GoffExecutive Secretary

West Virginia Library Commission

WORKSHOP OBJECTIVES

Discuss the Legal and Ethical Responsibilities of Trustees

Explore Risks of Liability

Review Ways to Minimize Risks of Liability

KEY IDEAS

1. The library is an essential educational institution.

2. Good governance is a necessity.

3. Boards are responsible for overseeing the library in legal, ethical manner.

West Virginia Public Library Trustees Manual

www.librarycommission.wv.gov

BOARD RESPONSIBILITIES

The Duty of Care

Act in good faith

The Duty of Loyalty

Allegiance to the Institution

The Duty of Obedience

Fulfill the mission; comply with law

BASIC ETHICAL OBLIGATIONS

WHAT ARE SOME ETHICAL RESPONSIBILITIES

OF LIBRARY TRUSTEES?

Example

“We recently had a trustee openly criticize a

board decision to move forward with a

building referendum in the local paper, he

went as far as to actively urge voters against

the proposition.”

BASIC LEGAL OBLIGATIONS

WHAT ARE SOME LEGAL RESPONSIBILITIES

OF LIBRARY TRUSTEES?

PROBLEMS

WHAT ARE SOME LIABILITY RISKS

FACED BY LIBRARY TRUSTEES?

MINIMIZING LIABILITY

MINIMIZINGLIABILITY RISKS

Have Adequate Directors & Officers Insurance

MINIMIZING LIABILITY

MINIMIZINGLIABILITY RISKSRetain a Library

Attorney

MINIMIZING LIABILITY

MINIMIZINGLIABILITY RISKS

Avoid (real or perceived)

Conflict of Interest

MINIMIZING LIABILITY

MINIMIZINGLIABILITY RISKS

Careful Financial Oversight

Guardians of a Public Trust; Guardians of Public Funds

Library Financial Records are Public Information

MINIMIZING LIABILITY

MINIMIZINGLIABILITY RISKSDevelop, Review, and Update

Legally Defensible

Policies

MINIMIZING LIABILITY

MINIMIZINGLIABILITY RISKS

Know Key Federal, State, and Local Laws/Regulations

that Affect the Library

MINIMIZING LIABILITY

MINIMIZINGLIABILITY RISKSINTELLECTUAL

FREEDOM

RESOURCES

West Virginia Library Trustees Manual 2012. www.librarycommission.wv.gov Enter Trustee Manual in search box.

Trustee Academy Training Modules (videos) www.librarycommission.wv.gov Enter Trustee Academy in search box.

1) Overview of Public Libraries & Trustees

2) Law & Policy

3) Care & Feeding of the Library Director

Short Takes for Trustees. 10 Videos with Resource Guides. Each Video 9-10 minutes long. Designed by United for Libraries, a Division of the American Library Association (ALA). Contact WVLC Library Development Services for access information.