Libraries

League members may also request an opinion directly from the League via email. Please include the subject heading and number when making such a request.

47R. Updates Libraries 47 which reviews the powers and duties of municipal library boards in relation to the municipal governing body. 11/30/00.

47R-1. Updates Libraries 47R. Reviews the powers and duties of municipal library boards in relation to the municipal governing body. 12/31/13.

50. A common council has authority to require a public library to solicit donations in accordance with city policy, which requires prior council approval, and the policy properly recognized that under sec. 43.58, Stats., the library board controls the expenditure of any moneys once they are appropriated, collected for or donated to the library. 3/4/03.

51. Formula for county library payment under Wis. Stat. 43.12 does not recognize value of in-kind contributions and services provided by municipality, and municipality that had allowed library to use municipally-owned space at no charge and provided other in-kind services to library could begin charging library rent as a means of fairly allocating the true costs of operating the library among benefited users. 6/3/06.

52. Because in-kind services and contributions are not recognized as part of municipal appropriation under sec. 43.15(4)(c)5, withdrawal of in-kind contributions and services should not affect a municipality's maintenance of effort obligation to provide funding at a level that is not lower than the average of such funding received for the previous three years. 6/03/06.

53. Municipalities have management and control of municipally-owned property under Wis. Stat. secs. 61.34(1) and 62.11(5) and even though sec. 43.58 gives library boards "exclusive charge, control and custody of lands, buildings or other property acquired or leased by, the municipality for library purposes," that does not equate to ownership and must be read as giving the library board exclusive charge and control only to the extent of the library's interest in the property. Thus, sec. 43.58 cannot be read as giving a library board that has been using municipally-owned property at no charge the right to use the property forever at the Village's expense. 6/03/06.

54. Explains why the League disagrees with assertion published in the July-August 2005 issue of Channel, the Wisconsin Department of Public Instruction's Division for Libraries, Technology and Community Learning's (DLTCL) bi-monthly newsletter, that a municipality cannot charge a library rent to occupy municipally-owned space. 6/03/06.

55. Village board has management and control of municipally-owned property and despite erroneous assertion in the Wisconsin Department of Public Instruction's Division for Libraries, Technology and Community Learning newsletter that a municipality cannot charge a library rent to occupy municipally-owned space, the Village can continue to charge library rent to use a portion of a renovated building that was purchased by the municipality and is used to house village offices, police department, community center and library. 6/8/06.
56. Although a library board has the power to set compensation and duties for a library director, that authority does not include power to grant the library director a tenure right in her position with a five-year contract term or limit the library board’s power to remove the library director at pleasure through a lump sum payment requirement if discharge is not for cause. 1/31/07.

57. The plain language of Wis. Stat. 43.15(4)(c)5.b. authorizes a municipality with a municipal library to exclude unspent library funds from a prior year when calculating its library maintenance of effort funding requirement under Wis. Stat. sec. 43.15(4)(c)5. 1/31/07.