1. WVLA ANNUAL CONFERENCE CANAAN VALLEY RESORT & CONFERENCE CENTER OCTOBER 5-7, 20145 ARE WE LEGAL? Presenter: Karen Goff Executive Secretary West Virginia Library Commission

2. WORKSHOP OBJECTIVES Discuss the Legal and Ethical Responsibilities of Trustees Explore Risks of Liability Review Ways to Minimize Risks of Liability Discuss the Legal and Ethical Responsibilities of Trustees Explore Risks of Liability Review Ways to Minimize Risks of Liability

3. 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.

4. West Virginia Public Library Trustees Manual www.librarycommi ssion.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 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

5. BASIC ETHICAL OBLIGATIONS WHAT ARE SOME ETHICAL RESPONSIBILITIES OF LIBRARY TRUSTEES?

6. 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.”

7. BASIC LEGAL OBLIGATIONS WHAT ARE SOME LEGAL RESPONSIBILITIES OF LIBRARY TRUSTEES?

8. PROBLEMS WHAT ARE SOME LIABILITY RISKS FACED BY LIBRARY TRUSTEES? WHAT ARE SOME LIABILITY RISKS FACED BY LIBRARY TRUSTEES?

9. MINIMIZING LIABILITY MINIMIZING LIABILITY RISKS Have Adequate Directors & Officers Insurance

10. MINIMIZING LIABILITY MINIMIZING LIABILITY RISKS Retain a Library Attorney

11. MINIMIZING LIABILITY MINIMIZING LIABILITY RISKS Avoid (real or perceived) Conflict of Interest

12. MINIMIZING LIABILITY MINIMIZING LIABILITY RISKS Careful Financial Oversight Guardians of a Public Trust; Guardians of Public Funds Library Financial Records are Public Information

13. MINIMIZING LIABILITY MINIMIZING LIABILITY RISKS Develop, Review, and Update Legally Defensible Policies

14. MINIMIZING LIABILITY MINIMIZING LIABILITY RISKS Know Key Federal, State, and Local Laws/Regulations that Affect the Library

15. MINIMIZING LIABILITY MINIMIZING LIABILITY RISKS INTELLECTUAL FREEDOM

16. RESOURCES West Virginia Library Trustees Manual 2012. www.librarycommission.wv.gov Enter Trustee Manual in search box. www.librarycommission.wv.gov Trustee Academy Training Modules (videos) www.librarycommission.wv.gov Enter Trustee Academy in search box. www.librarycommission.wv.gov 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.