Four Types of Libraries

Recording

To watch the August 10, 2021 recording of this workshop, visit https://youtu.be/cR8wI_ldgZo

Introduction

There are four types of public libraries in New York State: association, municipal, school district, and special legislative district. Trustees and community leaders are quite often confused about the legal structure of their community library and the laws that govern them. Considering the fact that each of these library types has several variations, it is critical for all associated with the governance of the library to clearly understand their particular configuration. (Trustee Handbook, p. 9)

Four Types of Libraries in Our System

1. School District Public Library - Attica, Nunda, Bloomfield, Clyde, Dansville, Geneva, Lyons, Naples, Newark, Perry, Red Jacket, Sodus, Wadsworth
2. Municipal Public Library - Lima, Livonia, Macedon, Marion, Ontario, Silver Springs, Walworth, Warsaw, Williamson
3. Association Library - Allens Hill, Arcade, Avon, Bliss, Bristol, Caledonia, Castile, Clifton Springs, Gorham, Honeoye, Mt. Morris, Phelps, Pike, Red Creek, Rose, Victor, Wolcott, Wood, Wyoming
4. Special Legislative District Public Library - Palmyra

Definitions

Association Library

An association library is a private corporation established by the members of the association. It contracts with a unit of local government to provide library service to the residents of that jurisdiction. In legal terms, this contract may be written, oral or implied; but it always exists. Though association libraries are private not-for-profit education corporations and not subject to some of the laws and restrictions of true public libraries, they are generally supported by public funds and must always keep transparency and accountability in mind as they make decisions. In addition to Education Law such libraries are subject to some aspects of the New York State Not-for-Profit Corporation Law.

Municipal Library

A municipal library is formed either by a vote of the governing body of a municipality (village, town, city, or county) or by a public referendum to serve the residents of the municipality. The library is an independent corporate entity and not dependent upon the municipal government. However, the board of trustees is appointed by the municipality, which is responsible for the appropriate funding of the library. The library is subject to all the laws applicable to public institutions in the state.

School District Public Library

A school district public library is organized to serve the residents who live within the boundaries of a given school district (hence the name). Typically the library board is elected by the district residents. The library and the library board are independent of the school district and the school board. However, the school district is responsible for the collection of taxes and for the issuance of municipal bonds for construction on the library’s behalf. The separation of powers between local boards of education and school district library boards is detailed in Education Law § 260 (7)-(11)

Special Legislative District Library

A special legislative district library is created by a special act of the State Legislature and a local public vote to serve all or part of one or more municipalities or districts as defined by its enabling legislation. Each of these libraries is somewhat unique but all are considered “public” insofar as adherence to state law.

Comparison Chart

	Association Library	Municipal Public Library	School District Public Library	Special District Public Library
How Established	By vote of association members or as trustees operating under a will or deed of trust.	By vote of county, city, town or village board; or by petition and referendum.	By vote of school district voters.	By special act of State legislature and vote of special district voters.*
Charter	Regents incorporate by charter.	Regents incorporate by charter.	Regents incorporate by charter.	Regents incorporate by charter.
Registration	Education Department registers. Must meet minimum standards in order to receive public funds.	Education Department registers. Must meet minimum standards in order to receive public funds.	Education Department registers. Must meet minimum standards in order to receive public funds.	Education Department registers. Must meet minimum standards in order to receive public funds.
Tax Funds	May receive appropriation from units of government. Also tax levy by vote of municipal or school district voters. Library should sign contract with appropriating unit. May petition municipal and/or school district taxpayers for funds.	Budget approved by county, city, town, or village board. Also tax levy by vote of municipal or school district voters. May petition municipal and/or school district taxpayers for funds.	Budget approved by school district voters. May also petition for a tax levy from municipalities.	Budget approved by district voters. May also petition for a tax levy from municipalities, unless enactment legislation specifies otherwise.
Bonding Authority	Not permitted. Requires a special act of legislation through Dormitory Authority of the State of New York (DASNY)	Municipal government may bond if it owns the library building.	School district may bond on behalf of the library, if school district or library owns the library building.	A municipality may bond on behalf of district if legislation allows.*
Board of Trustees	Number: 5-25. Elected by association members. Term of office: set by charter. Responsible to association membership and to Regents. Residential requirements may be established in bylaws.	Number: 5-15. Approved by municipal governing board; term of office: three or five years if established after 1921.** Responsible to municipal government, public, and Regents. Must be residents of municipality (except village library).	Number: 5-15. Elected by school district voters. Term of office: three or five years (if established after 1921).** Responsible to school district voters and Regents. Must be residents of school district.	Number: determined by enabling legislation. Elected by residents of special district. Term of office: five years or as defined by legislation. Responsible to special district voters and Regents. Residency requirements determined by enabling legislation.
Community Involvement	Public can join association and may vote for trustees.	Public "owns" library; votes for elected officials who are sympathetic to library needs.	Public "owns" library and votes directly for trustees and budget.	Public "owns" library and votes directly for trustees and budget.
Retirement Benefits	May purchase retirement benefits from private vendor. Some may be in State Retirement System if specified in statute.	State Retirement System benefits through municipality.	State Retirement System benefits through school district or independently.	State Retirement System benefits if library district opts to participate.
Civil Service	Employees not covered by Civil Service.	Employees subject to Civil Service Law.	Employees subject to Civil Service Law.	Employees subject to Civil Service Law.

Source: Public Library Types - New York State Library.pdf; https://www.nysl.nysed.gov/libdev/libs/pltypes.pdf

Minimum Standards for Libraries

Legal Implications