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Public Library Legal Framework UNIVERSITY OF MISSOURI KANSAS CITY LEGAL FRAMEWORK FOR PUBLIC LIBRARIES IN MISSOURI AN INDEPENDENT STUDY, SUBMITTED TO DAVID RENZ BLOCH SCHOOL OF BUSINESS AND PUBLIC ADMINISTRATION BY STEVEN V. POTTER BLUE SPRINGS, MISSOURI AUGUST 2005 (REVISED 2020) Table of Contents Introduction ................................................................................... 1 Missouri’s Legal Framework for Public Libraries: Boards ............................... 1 Missouri’s Legal Framework for Public Libraries: Financial ............................ 8 Missouri Legal Framework: Other Considerations ..................................... 10 Library Theft ................................................................................ 11 Open Meetings and Records ............................................................... 12 Patron Confidentiality and Record Retention .......................................... 15 Other Considerations ...................................................................... 21 Conclusion ................................................................................... 23 Bibliography ................................................................................. 25 Introduction A public library is a wonderful resource for the people of any community. For people in the United States, at the turn of the twenty-first century, public libraries are an expected service. With the adoption of the Internet and library’s embracing the technology as a delivery method, public libraries are practically ubiquitous. In fact, the public library is such a common institution in the United States that it may not be clear how these institutions developed and how they sustain. The purpose of this paper is to explore the legal framework and constraint affecting a public library operating in the state of Missouri. This study will focus specifically on Missouri Revised Statutes, Chapter 182 as well as other laws, and statutes that influence public library operation. Missouri’s Legal Framework for Public Libraries: Boards Although a “library” may bring a single vision to mind, Missouri law provides for the creation of many types of libraries. 1 Within these types, there are seven categories of public libraries.2 Ideally, all the types of public libraries are the same, with minor exceptions. Unfortunately, this is not the case. Before highlighting those minor exceptions, it may be useful to name the types of public libraries and their governing oversight of a well-established library of this type.3 1 Alex Ladenson, J.D., Ph.D., ed., American Library Laws, 5th ed., (Chicago : American Library Association, 1983), 1087. 2 Missouri Revised Statutes, sec. 182. 3 Missouri Revised Statutes, sec. 182. 1 Board Term Who Appoints the Library Type Statute Members Board? County 182.010 – 182.130 5 4 years County Government Mayor or designate City 182.140 – 182.280 9 3 years with approval of City Government Mayor and County City-County 182.291 – 182.460 9 3 Years Government Mayor or designate Municipal 182.480 9 3 Years with approval of City Government Consolidated 182.610 – 182.670 4 per county 4 years County Government Urban 182.701 – 182.723 9 4 years Mayor School District 164.081 – 164.101 0 n/a School district electors Contractual 182.080 0 n/a n/a Before examining this information further, it may be useful to make a distinction between three library types that may seem to be the “same.” A municipal library district is a library formed before October 13, 1965. Up to this point, several cities had libraries in Missouri. However, as county libraries developed and cities expanded outward, there were increasing possibilities that an expanded city limit may spill into an established county library district and could result in double-taxation. The fixing of municipal library districts in 1965 is a contentious point in Missouri libraries. Many municipal libraries have migrated to the new “city” designation and one created the “urban” library district. From a practical standpoint, “municipal” should really be seen as a predecessor library, as many of the pre-1965 libraries eventually became a “city” or “city-county” or even part of a “consolidated” library. City libraries are divided into three categories. There is the City Library, City Library with city population of 100,000, and a City Library with city population greater than 300,000. For the most part, all city libraries have the same basic structure and guidelines. 2 The Urban Library was established to create an independent library district from what was previously a school district library. This district was never a part of city government, like the old municipal libraries, but rather a part of the school district. Therefore, migration from the school district to a “city library” really was not possible. It may be useful to expand on a few points concerning Board composition. Appointment for a City-County Library’s Board is based on population. For instance, Springfield-Greene Library is a City-County Library. The city of Springfield has a greater population than the remainder of Greene County. Therefore, five Board Members are appointed by the city and the remainder is appointed by the county.4 The composition of a Consolidated Library is related to the number of counties represented in the library district. For instance, Barry-Lawrence Library is comprised of Barry and Lawrence Counties. Therefore, each county appoints four Board Members for a total of eight. Mid-Continent Public Library is comprised of all or parts of three counties. Therefore, each county appoints four Board Members for a total of twelve. If a consolidated library merges with an existing municipal or city library that is not within contained within one of the existing counties making up the consolidated district, a single board member can be appointed to represent the new area. This change occurred when Sullivan Public Library (residing in both Crawford and Franklin counties) merged with Scenic Consolidated Library in 2017.5 4 Missouri Revised Statutes, sec. 182.050. 5 Missouri Revised Statutes, sec. 182.640.1. 3 There is only one Urban Library in Missouri (Kansas City Public Library). Their Board is composed of seven members appointed by the mayor of Kansas City, one from the mayor of Sugar Creek, and one from the mayor of Independence.6 A School District Library is a School Library that is open for the public to use. While they may have a universal mission, they tend to focus on the needs of the pupils. School District Libraries are a department of the local school district. While there may be an advisory council, typically, the School Board handles the library as any other division of the school district.7 A Contractual Library is more frequently called a Regional Library. A few counties and/or cities may band together and contract with each other to gain more favorable purchasing power, or to decrease administrative overhead. Most frequently, the Boards resolve to cooperate rather than drawing actual contracts. In such arrangements, the individual Library Boards remain intact and responsible for the destiny of their represented library. There is no legal basis for a “Super-Board” for the Regional Library.8 Clearly, the independent boards have to work together on issues that concern the entire body. Because the operational arrangement is tied to a resolution and that resolution can be withdrawn by a majority vote at any board meeting, the regional library may be the least stable governing arrangement of all library arrangements. In recent years, several regional libraries have voted to go back to individual operation. An interesting 6 Missouri Revised Statutes, sec. 182.707.1 7 (Ladenson 1983, 1127) 8 Missouri Revised Statutes, sec. 182.080. 4 case study was when he River Bluffs Regional Library dissolved back to the individual St. Joseph Public Library and the Rolling Hills Consolidated Library. This action occurred over several Board Meetings, created several questions regarding division of assets, and ultimately resulted with two new libraries being built or remodeled with in a few blocks of each other.9 For each type of library, Missouri statutes illustrate several points concerning how the Board will operate. All library trustees have prescribed terms. Once the Board is created, statute indicates that terms overlap so there are limited new trustees at any one time. Library Boards are required to create bylaws, elect officers, and hire a librarian. Library Boards act as a corporate body. As such, they may sue or be sued, purchase or lease grounds, purchase, lease, occupy or erect buildings, sell, lease, exchange or transfer property on the behalf of the library, and receive gifts to be used for the benefit of the library.10 Library Boards are required to have a treasurer who is responsible for oversight of the library’s funds. An interesting point is that library funds are collected by the county collector’s office and must be turned over to the library immediately. Since the county already has an infrastructure to collect taxes, the library does not have to create a tax collection method. The Treasurer and Librarian are required to enter into a bond or bond with 9 “Rolling Hills library board will operate independently,” St. Joseph News-Press June 7, 2002 : Available from St. Joseph News Press Online Archive http://www.stjoenews- press.com/main.asp?Search=1&ArticleID=28910&SectionID=81&SubSectionID=272&S=1 (Accessed May 12, 2005). 10 Missouri Revised Statutes, sec. 182.070 5 corporate surety. The librarian
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