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Trustee Times Nov-Dec 2021 |
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Trustee Times is a bi-monthly newsletter published by the Library of Michigan, featuring information of interest to public library boards. Information included in this newsletter is for informational purposes, and does not constitute legal or financial advice. Please consult your library’s attorney with any questions about your specific situation. |
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In This Issue:
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In 2020 the Library of Michigan (LM) developed a new strategic plan and one of our key strategies was to increase the training for public library trustees. Since then, LM has undertaken steps to help support our achievement of this goal.
In October 2020, we began our Trustee Times newsletter reaching over 2,500 public library trustees up to six times a year. Trustees now receive reminders of available training, tips, news, and support resources to increase their knowledge and understanding of their role as a public trustee.
This past year LM began offering the Trustee 101 and Trustee 102 online training series. These training events were offered three times last year and more than 600 trustees and library directors participated in the trainings. Our next trainings are scheduled for December 6 and 13. Find registration details below in the newsletter.
Additionally, LM continues to provide statewide membership in United for Libraries (UFL), the American Library Association’s division serving trustees, friends, and advocates. UFL provides trustee training and resources online 24/7. If you have not used UFL resources yet, be sure to connect with our statewide membership resources. Last year over 356 certificates for completed UFL trainings were issued to Michigan trustees. This project was made possible in part by the Institute of Museum and Library Services.
We are planning to continue the work to develop more opportunities for trustee training and support in the new year. Look for our upcoming millage workshop in 2022 and more.
Have questions or suggestions about training for trustees? Let us hear from you at LM-LibTraining@michigan.gov
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Intellectual Freedom and Materials Challenges Policies:
Challenges to library materials based on subject matter or content are increasing throughout the country. According to the ALA Office of Intellectual Freedom, requests for assistance by libraries experiencing a challenge have increased 60% in the last year.
The best way a library can prepare for a materials challenge is to implement a clear, straightforward policy and procedure for handling materials challenges and censorship.
The resources below provide information on Intellectual Freedom, materials challenges, and tools for assistance on drafting policies and procedures as well as preparing for a possible challenge.
What is “Intellectual Freedom?”
What is Censorship? A general, non-library centered discussion from the American Civil Liberties Union (ACLU).
Intellectual Freedom Basic Training for New Staff and Refresher for the Rest Webjunction online course. Webjunction is an online training platform containing courses of interest to library staff, directors and boards. Free access provided to Michigan libraries by LM, in part with IMLS funds.
Information on policies for handling materials challenges:
Challenge Support ALA Office of Intellectual Freedom’s resources and contact information for assistance with challenges.
Dealing with Challenges to Materials and Policies Intellectual freedom and challenges chapter from the Wisconsin State Library’s trustee handbook
Tips on addressing a challenge:
Book Censorship Toolkit, From the National Coalition Against Censorship (NCAC). Largely aimed at school libraries, this kit contains much information that is also useful to public libraries.
Resources Page From the National Coalition Against Censorship (NCAC). Links to materials that help librarians and other professionals handle challenges to specific types of materials (such as LGBTQ+). Skewed somewhat towards schools, but useful to public libraries.
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Looking to learn more to enhance your knowledge and skills as a public library trustee? Take a look at the opportunities listed below. If you missed a recent LM session you can find many of previous webinars on the LM Webinar Archives page.
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Trustee Training 101: The Basics Webinar December 6 at 6:00 pm ET. This session will cover the basic information newly appointed or elected library trustees should know in order to begin their tenure governing a public library. Participants will learn the duties and responsibilities of library trustees; understand the library's role as a public entity and know where to find additional information and answers to questions that they may have as they adjust to their new positions.
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Trustee Training 102: Advanced Trustee Webinar December 13 at 6:00 pm ET. As the governing body of a public library, library trustees often have to handle situations involving personnel, public finance, politics, and other issues that could have significant consequences if dealt with incorrectly. Participants will learn how to identify board responsibilities and limits with respect to governing complex library situations as well as define their relationship and responsibility as a trustee towards the director, staff, the friends' group, their municipality, and their fellow board members.
- Public Library Funding for Trustees Pathway Online, free, self-paced tutorials on six different topics related to the administration of public libraries in Michigan. Individual modules cover the following: Libraries as Public Entities; Use of Public Funds; Penal Fines for Libraries; State Aid for Libraries; Personal Property Tax; and Library Service Contracts. Certificate of Completion is available upon finishing the Trustee Pathway.
- Public Library Association 2022 Conference Annual, in-person event to be held in Portland, Oregon, March 23-25. Educational sessions and programs covering all aspects of public library services, including topics of interest to trustees and administrators.
Never registered for a LM webinar? You will need to create an account in our system. Instructions can be found on our website. Need extra help with your registration? Email us at LM-LibTraining@michigan.gov or call 517-335-1517.
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Libraries and Legal Assistance - Tips on why every library needs an attorney, how to find one, and how to maintain a successful relationship with them:
Why a library needs an attorney Just as the library looks to professionals in electrical work, construction, and auditing for those projects, they should also look to legal professionals when considering matters involving contracts, employment conflicts, policy drafting, and other circumstances where legal knowledge is important for protecting the library and its assets. Having a knowledgeable legal professional to advise the library is well worth the investment.
To locate a “library” law attorney In Michigan, there are a few strategies:
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Ask your colleagues – especially those with similarly sized libraries and budgets.
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Ask The Library Law Consultant at LM. We maintain a list of lawyers in the state that work with public libraries.
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Ask an attorney you know personally (family, friend, etc.) to recommend someone.
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Once you have a list of possible attorneys, do your homework! Run a google search on the firm to see if there are any reviews. Find their website and look for a mention of working with public libraries or any sign of libraries mentioned as clients.
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Talk to the prospective attorney BEFORE you agree to hire them. Ask about their experience working with public libraries. In Michigan, public libraries are established at the municipal level. Because of this, many attorneys and firms in Michigan that represent libraries are firms that also practice municipal law. However, while it could be said that virtually every “Library Law” lawyer probably also practices municipal law, the reverse is NOT true. Just because an attorney practices municipal law, does not mean that they are familiar with the many laws and unique legal issues that pertain to public libraries.
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Ask about fees. Is there a retainer agreement, or contracts that govern the relationship between the library and the attorney or firm? How are fees calculated?
Once you hire an attorney, there are some tips that can help the relationship go smoothly:
- Understand the scope of the relationship with the attorney, in other words, WHO is the client?
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In most circumstances, the “client” is the library, which in Michigan means that the attorney generally represents the library board. This does not mean that library directors can’t or shouldn’t work with the library attorney, it means that if there is ever a dispute between staff (or library director) and the board or “library,” the staff and or director would have to seek out their own separate attorneys.
- Similarly, libraries using the attorney for their municipality (City, Township, County) as their attorneys, should understand that the attorney’s primary client in this scenario is the municipality, so if there is ever a disagreement between the library and the municipality that requires legal assistance, the library will likely need to have their own attorney.
- Clarify with the attorney their policies and procedures for contact:
- What is the best contact route (e-mail, phone, text), and what is the cost to the client for each?
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Who is the best contact (do they call the attorney, or someone else in the practice, like a secretary or paralegal)?
- Are there other attorneys in the firm who might also represent the library on certain matters (such as employment law), and is there a cost difference?
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Create a clear INTERNAL policy that establishes WHO can contact the attorney, WHO the point person is if the attorney needs to contact the library, WHO can authorize work to be completed by the attorney (and does the board have to approve it), as well as procedures on reporting information from the attorney to the rest of the board and/or director.
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Keep in mind that time = money. With most legal work, if you do not have a clear policy on communications with the attorney, you risk multiple stakeholders (board members, library director) each contacting the attorney separately to ask the same questions when a legal matter arises. This duplication can result in a higher than necessary legal bill.
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Clarify costs for events such as the attorney’s appearance at a board meeting, or a visit to the library. Don’t assume anything regarding costs.
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Know your privilege. Matters discussed between a lawyer and their client are private information by law. This information cannot be obtained via FOIA or disclosed by the attorney. When talking to your lawyer about a matter, be honest, clear and offer any information they require. The attorney can only be successful with all of the facts and information about a specific matter.
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Keep Records on larger legal issues. This will provide information if there is ever a question about a legal representation bill, and it will help subsequent directors and board members obtain information on issues that have previously occurred and how they were handled.
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Please note that any research or resources provided here are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue, question, or problem. |
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Take part in LM’s monthly Family History Virtual Series via Zoom to help you enhance your family history research skills. Visit our website to learn more and register for any of the free sessions. |
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