New Hartford library isn’t following its bylaws

By ELIZABETH COOPER

Observer-Dispatch

Posted May 16, 2010 @ 03:44 PM

Last update May 16, 2010 @ 11:35 PM

NEW HARTFORD

The New Hartford Public Library hasn’t been following its own bylaws when it appoints its trustees.

Instead of allowing the Town Board to make the appointments, the library has simply been choosing its own new trustees, administering the oath of office and telling the town board after the fact.

An Observer-Dispatch review of Town Board minutes found the last appointment by the Town Board was made Jan. 7, 2004.

Library trustees’ terms are for five years, so that means that none of the 11 trustees currently serving has had a proper appointment.

The town has a stake in the library’s management because it funds a large portion of the library operations.

The library has a budget of about $638,938 for 2010, of which $475,000 comes from the town, documents show.

Library board President Mary DuRoss’ own first appointment on Jan. 1, 2005 does not appear to have been approved by the Town Board, minutes show. Her most recent appointment on Jan. 1, 2010 is not recorded in the minutes either.

Nonetheless, DuRoss said she didn’t believe anything has been done incorrectly.

“My understanding is that never has the town asked for anything more than we have furnished,” she said. “I don’t think we did anything wrong.”

But Town Attorney Herbert Cully said after reviewing the library’s charter and bylaws that library officials should have been bringing all of their appointments to the Town Board.

“Clearly, the only people that can select members of the board would be the town board,” he said.

Different interpretations

The library’s bylaws state clearly that, “The trustees shall be appointed by the New Hartford Town Board.”

But DuRoss said although the Town Board had to approve first-time appointments to the library board, reappointments were a different matter.

Cully said that didn’t sound right to him.

“I disagree with their interpretation,” he said.

Any time there was a reappointment, paperwork was submitted to Town Clerk Gail Young, DuRoss said.

“We just sent a copy of the oaths of office to Gail,” she said.

Town Board minutes from 2003 and 2004 contain two library trustee appointments, complete with resolutions and board vote tallies.

Asked what should happen next, DuRoss said if the town government wanted to be more involved in the appointments, it could be.

“They can play a role if they want to exercise that responsibility,” she said.

Town Supervisor Patrick Tyksinski said he doesn’t want to simply appoint the same people, and suggested that of the 11 seats, three new people should be selected.

Town Board member Don Backman, who first brought the problem to light, suggested the demographic make-up of the board could change so it better represents the entire community.

Decision ramifications

What could happen if the Town Board were again involved in the library trustee appointments?

Appointments for all 11 seats would have to be officially filled by the Town Board, and the composition of the board could change, some town board members said.

Cully said he was looking into whether there might be larger legal impacts relating to the validity of decisions the trustees have made.

It’s unclear what the implications would be if Backman and other town officials are correct.

Tyksinski said the town would likely “either reappoint the people that are there if they want to stay on or find new people.”

“I think it’s necessary that the Town Board take financial control of all these departments, so we have to keep up with the appointments and reappointments,” board member Christine Krupa said.

A municipal agency

The New Hartford Public Library is classified with the state as a municipal library.

That means that its board of trustees is an “independent corporate entity,” according to the 2010 State Handbook for Library Trustees.

“The library acts as an agency of the municipal government and is subject to all the laws applicable to public institutions,” according to the handbook.

The state Division of Library Development does periodic reviews of public libraries in the state.

A spokeswoman for the state Education Department, which oversees the state’s public libraries, would not comment on New Hartford’s situation.

But she did say the division does periodic reviews of all the libraries’ compliance with their charters.

“If we find a question, we work with both the library and public library system to reach a resolution,” spokeswoman Jane Briggs said in an e-mail.

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