Jerry Nichols , Palmer School of Library and Information Science; Long Island University

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Westchester Library System Trustee Westchester Library System Trustee Institute Institute Trustees and Directors; Trustees and Directors; Roles and Responsibilities Roles and Responsibilities Wednesday April 7, 2010 Wednesday April 7, 2010 Jerry Nichols Jerry Nichols , Palmer School of Library and , Palmer School of Library and Information Science; Long Island University Information Science; Long Island University

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Westchester Library System Trustee Institute Trustees and Directors; Roles and Responsibilities Wednesday April 7, 2010. Jerry Nichols , Palmer School of Library and Information Science; Long Island University. Topics. Legal Responsibilities of Library Trustees; - PowerPoint PPT Presentation

Transcript of Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Page 1: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Westchester Library System Trustee Westchester Library System Trustee InstituteInstitute

Trustees and Directors;Trustees and Directors;Roles and Roles and

ResponsibilitiesResponsibilitiesWednesday April 7, 2010Wednesday April 7, 2010

Jerry NicholsJerry Nichols, Palmer School of Library and , Palmer School of Library and Information Science; Long Island UniversityInformation Science; Long Island University

Page 2: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

TopicsTopics

►Legal Responsibilities of Library Legal Responsibilities of Library Trustees;Trustees;

►Rules for Effective Board Meetings;Rules for Effective Board Meetings;

►The Role of the Library Director;The Role of the Library Director;

►Review of basic Library PoliciesReview of basic Library Policies

Page 3: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Duties and ResponsibilitiesDuties and Responsibilitiesof Public Library Trusteesof Public Library Trustees

►The Duty of Care: The Duty of Care: “to act in good faith”“to act in good faith”►The Duty of Loyalty: “The Duty of Loyalty: “allegiance toallegiance to thethe

institutioninstitution””►The Duty of Obedience: The Duty of Obedience: “fulfill the “fulfill the

mission”; comply with lawmission”; comply with lawhttp://www.regents.nysed.gov/statement.html

Page 4: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Trustee BasicsTrustee Basics

Responsibilities:Responsibilities:►Meet Library standards;Meet Library standards;►Conduct business publicly;Conduct business publicly;►Oversee Finances;Oversee Finances;►Conform to applicable laws, Conform to applicable laws,

regulations and decisions; regulations and decisions; ►Appoint Personnel;Appoint Personnel;►Establish Policies.Establish Policies.

Page 5: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

“The most important task of an organization’s leader is to anticipate crisis. Perhaps not to avert it, but to anticipate it.

To wait until the crisis hits is already abdication. One has to make the organization capable of anticipating the storm, weathering it, and in fact, being ahead of it.

It’s called innovation, constant renewal.”

- Peter Drucker

Page 6: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Trustee Orientation: Trustee Orientation: the Foundation of Successthe Foundation of Success

Your job as an effective Trustee begins with Your job as an effective Trustee begins with a thorough understanding of the Library. a thorough understanding of the Library. The best way to learn about your The best way to learn about your organization is by a formal orientation with organization is by a formal orientation with the Library Director. This orientation should the Library Director. This orientation should include a discussion of the Library’s include a discussion of the Library’s philosophy and goals, its role in the philosophy and goals, its role in the community and a review of critical issues community and a review of critical issues facing the organization.facing the organization.

Page 7: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Critical DocumentsCritical Documents► By-Laws of the Board of TrusteesBy-Laws of the Board of Trustees► Board Membership & Contact InformationBoard Membership & Contact Information► Board Committee MembershipsBoard Committee Memberships► Schedule of Board Meeting DatesSchedule of Board Meeting Dates► Minutes of Recent Board MeetingsMinutes of Recent Board Meetings► Information on Open Meetings LawInformation on Open Meetings Law► New York State Trustee HandbookNew York State Trustee Handbook► Library PoliciesLibrary Policies► Long Range or Strategic PlansLong Range or Strategic Plans► Union Contract (if applicable)Union Contract (if applicable)► Staff HandbookStaff Handbook► Staff List & Organization ChartStaff List & Organization Chart► Previous AuditPrevious Audit► Current Operating BudgetCurrent Operating Budget► Recent Monthly Financial ReportsRecent Monthly Financial Reports► Library Newsletters & BrochuresLibrary Newsletters & Brochures

Page 8: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Board OrganizationBoard Organization

►Elections and appointmentsElections and appointments►By-LawsBy-Laws►Committee StructureCommittee Structure►AbsenteeismAbsenteeism►Collective AuthorityCollective Authority►ConsistencyConsistency

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Effective Board MeetingsEffective Board Meetings

►Conduct of MeetingsConduct of Meetings►Agenda - Essential ComponentsAgenda - Essential Components►Board President’s RoleBoard President’s Role►Director’s RoleDirector’s Role►Secretary/MinutesSecretary/Minutes►Parliamentary ProceduresParliamentary Procedures►Dealing with the PublicDealing with the Public

Page 10: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

SAMPLE AGENDA

I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADOPTION OF AGENDA* IV. APPROVAL OF MINUTES OF MEETING HELD – March 5, 2003 V. PERIOD FOR PUBLIC EXPRESSION VI. CORRESPONDENCE* VII. PERSONNEL REPORT*VIII. TREASURER’S REPORT

A. Report of receipts and disbursementsB. WarrantsC. Presentation of projected cash flow

IX. ADMINISTRATORS’ REPORTS X. COMMITTEE REPORTS XI. OLD BUSINESS XII. NEW BUSINESS XIII. PERIOD FOR PUBLIC EXPRESSION XIV. DATES OF FUTURE BOARD MEETINGS

Wednesday, Dec 6, 2006Wednesday, January 3, 2007 Wednesday, February 7, 2007

XV. OTHERExecutive Session: Director’s Annual Performance Evaluation* action required

Page 11: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Effective Board MeetingsEffective Board Meetings

►Conduct of MeetingsConduct of Meetings►Agenda - Essential ComponentsAgenda - Essential Components►Board President’s RoleBoard President’s Role►Director’s RoleDirector’s Role►Secretary/MinutesSecretary/Minutes►Parliamentary ProceduresParliamentary Procedures►Dealing with the PublicDealing with the Public

Page 12: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

LegalLegal

►Open Meetings LawOpen Meetings Law►Freedom of InformationFreedom of Information►Meeting NoticesMeeting Notices►Rights of Public at MeetingsRights of Public at Meetings►Quorum/VotingQuorum/Voting►Rights/Liabilities of Individual TrusteesRights/Liabilities of Individual Trustees►Content of MinutesContent of Minutes►Executive SessionsExecutive Sessions

http://www.dos.state.ny.us/coog/coogwww.htmlhttp://www.dos.state.ny.us/coog/coogwww.html

Page 13: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

FinancialFinancial

► Responsibility of Treasurer Responsibility of Treasurer ► (as appointed by Board)(as appointed by Board)

► Responsibility of Finance Officer Responsibility of Finance Officer ► (Board member)(Board member)

► Content of Financial ReportsContent of Financial Reports► Approval of ReportsApproval of Reports► Vouchers/Warrants/Pre-paysVouchers/Warrants/Pre-pays► Appropriate Use of Reserve FundsAppropriate Use of Reserve Funds►What Needs Approval, What Doesn’tWhat Needs Approval, What Doesn’t► Compliance with State Investment PolicyCompliance with State Investment Policy

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PersonnelPersonnel

►Standard Practices & ProceduresStandard Practices & Procedures►Responsibilities for SelectionResponsibilities for Selection

►““Appoint” vs. “Select”Appoint” vs. “Select”

►““After the Fact” approval by TrusteesAfter the Fact” approval by Trustees►Compliance with Civil Service Compliance with Civil Service

RegulationsRegulations►Liability of Trustees for Non-complianceLiability of Trustees for Non-compliance►TerminationTermination

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An Effective Board understandsAn Effective Board understands Responsibility vs. Delegation Responsibility vs. Delegation

►The Director as CEO;The Director as CEO;►The need for Fiscal Oversight;The need for Fiscal Oversight;►The authority to appoint (not select) The authority to appoint (not select)

staff;staff;►Their policy making role;Their policy making role;►Their accountability to the community;Their accountability to the community;►Their ultimate responsibility for Their ultimate responsibility for

adequate resources;adequate resources;►Their responsibility for the future.Their responsibility for the future.

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An Effective Board has a An Effective Board has a Positive Corporate CulturePositive Corporate Culture

► Respects the institution, staff and public;Respects the institution, staff and public;► Looks to the future, not the past;Looks to the future, not the past;► Looks to improve rather than blame;Looks to improve rather than blame;►Has a Code of Ethics;Has a Code of Ethics;► Seeks professional guidance but makes its Seeks professional guidance but makes its

own decisions;own decisions;► Listens to the public but maintains Listens to the public but maintains

authority;authority;► Seeks to maintain a diverse Board.Seeks to maintain a diverse Board.

Page 17: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

The Effective DirectorThe Effective Director

► Is trusted and supported by the Board;Is trusted and supported by the Board;► Is the CEO and manages the Library day to Is the CEO and manages the Library day to

day;day;► Is educated in, and understands, library Is educated in, and understands, library

issues…and management!issues…and management!► Selects and supervises all personnel;Selects and supervises all personnel;►Oversees the preparation of financial reports;Oversees the preparation of financial reports;►Deals with all outside vendors;Deals with all outside vendors;► Keeps the Board informed;Keeps the Board informed;► Is involved in the community;Is involved in the community;► Is spokesperson for the Library on most Is spokesperson for the Library on most

mattersmatters..

Page 18: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Board/Director RelationshipsBoard/Director Relationships

►The selection process; getting what The selection process; getting what you pay for…you pay for…

►AccountabilityAccountability►Collective Authority of the BoardCollective Authority of the Board►Employment Agreements and Employment Agreements and

ContractsContracts►Evaluation ProcessEvaluation Process►Managing ConflictManaging Conflict►Leadership ChangesLeadership Changes

Page 19: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Case Study- Board Case Study- Board ResponsibilitiesResponsibilities

““We recently had a trustee openly We recently had a trustee openly criticize a board decision to move criticize a board decision to move forward with a building referendum in forward with a building referendum in the local paper, he went as far as to the local paper, he went as far as to actively urge voters against the actively urge voters against the proposition.”proposition.”

Page 20: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Library PoliciesLibrary Policies

►Policies are the rules of the Library.Policies are the rules of the Library.►Policies should be developed Policies should be developed

thoughtfully and revised regularly.thoughtfully and revised regularly.►Policies provide you and the library Policies provide you and the library

with legal protection.with legal protection.►Policies are useless unless you and Policies are useless unless you and

your patrons know themyour patrons know them..

Page 21: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Essential PoliciesEssential Policies

►Board PoliciesBoard Policies Meeting protocolsMeeting protocols Ethics and conflicts of interestEthics and conflicts of interest

►Operational PoliciesOperational Policies Library hours and days openLibrary hours and days open Lending rules, Internet access, etc.Lending rules, Internet access, etc. Patron behaviorPatron behavior

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Essential Policies, Essential Policies, continuedcontinued

►Collection ManagementCollection Management SelectionSelection Intellectual FreedomIntellectual Freedom Challenges to library materialsChallenges to library materials

►Facilities and EmergenciesFacilities and Emergencies Crisis managementCrisis management Inclement weatherInclement weather

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Essential Policies, Essential Policies, continuedcontinued

►Personnel PoliciesPersonnel Policies Staff ManualsStaff Manuals Union ContractsUnion Contracts Employee acknowledgementEmployee acknowledgement

►The Library as a “Limited” or The Library as a “Limited” or “Designated” Public Forum“Designated” Public Forum

►Sample PoliciesSample Policies► http://www.owlsweb.info/L4L/policies/sample.asphttp://www.owlsweb.info/L4L/policies/sample.asp► http://midhudson.org/department/member_information/http://midhudson.org/department/member_information/

library_policies.htmlibrary_policies.htm

Page 24: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Trustee EthicsTrustee Ethics

►Conflicts of Interest Conflicts of Interest General Municipal Law; Sec. 800General Municipal Law; Sec. 800

►““no officer or employee shall have an no officer or employee shall have an interest in any contract with the interest in any contract with the municipality of which he is an officer or municipality of which he is an officer or employee…”employee…”

►Inclusion of family membersInclusion of family members►““Free” services prohibitedFree” services prohibited

Application to Association LibrariesApplication to Association Libraries http://www.ala.org/ala/mgrps/divs/altaff/trustees/orgtools/http://www.ala.org/ala/mgrps/divs/altaff/trustees/orgtools/

policies/index.cfmpolicies/index.cfm

Page 25: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Trustee Information Trustee Information ResourcesResources

► NYS Trustee handbook – general responsibilities: NYS Trustee handbook – general responsibilities: http://www.nysl.nysed.gov/libdev/pltrust/handbook/index.htmlhttp://www.nysl.nysed.gov/libdev/pltrust/handbook/index.html

► NYSALB – NY State Association of Library Boards: NYSALB – NY State Association of Library Boards: http://www.nysalb.org/http://www.nysalb.org/

► Commissioner’s Decisions Commissioner’s Decisions www.counsel.nysed.gov/Decisions/www.counsel.nysed.gov/Decisions/

► Comptroller’s Opinions Comptroller’s Opinions www.osc.state.ny.us/legal/index.htmwww.osc.state.ny.us/legal/index.htm

► NYS Attorney General’s OpinionsNYS Attorney General’s Opinionshttp://www.ag.ny.gov/bureaus/appeals_opinions/search_intro.htmlhttp://www.ag.ny.gov/bureaus/appeals_opinions/search_intro.html

► Division of Library Development Division of Library Development

www.nysl.nysed.gov/libdev/libs/index.htmlwww.nysl.nysed.gov/libdev/libs/index.html

► http://midhudson.org/trustee/main.phphttp://midhudson.org/trustee/main.php

► http://www.westchesterlibraries.org/node/39http://www.westchesterlibraries.org/node/39

Page 26: Jerry Nichols , Palmer School of Library and Information Science; Long Island University

Westchester Library System Trustee InstituteWestchester Library System Trustee Institute

Trustees and Directors;Trustees and Directors;Roles and ResponsibilitiesRoles and Responsibilities

Wednesday April 7, 2010Wednesday April 7, 2010

Jerry NicholsJerry Nichols, Palmer School of Library and , Palmer School of Library and Information Science; Long Island UniversityInformation Science; Long Island University