Library Director Needs Legal Assistance

Concerned M.L.S. writes “The Campbellsport (WI) Public Library is cutting hours against public wishes.

“To top it off, the library director was given a written warning by the board president and told that if she made any more mistakes that she is out. The warning was full of inaccurate information and mostly consisted of the opinions of the board president. This warning seems to have been given under illegal conditions.”

Concerned M.L.S. writes “The Campbellsport (WI) Public Library is cutting hours against public wishes.

“To top it off, the library director was given a written warning by the board president and told that if she made any more mistakes that she is out. The warning was full of inaccurate information and mostly consisted of the opinions of the board president. This warning seems to have been given under illegal conditions.”

Under Wisconsin state statutes s. 43.58 (4) provides that the library board has the authority to supervise the library director, and it is our opinion that this authority may not be delegated. As noted in Trustee Essential #3: “Library board bylaws should make clear that actions by board committees are advisory only. A library board committee cannot act on behalf of the full board-only actions by the full board have legal authority. Likewise, individual board members and board officers can perform official actions on behalf of the board only with specific authorization from the full board.” That is, a committee of the board or individual can not act with out the approval of the full board.

According to the director, two of the library board members didn’t even know that they had changed the hours or given the director a written warning.

Wisconsin’s misconduct in public office law (Wisconsin Statutes Section 946.12) applies to both library trustees and library staff. This law makes it a felony to intentionally take actions in excess of an official’s legal authority, or to intentionally make false records or statements. Intentional failure to perform a duty required by law is also prohibited. Moreover, it is a felony under this law to take actions inconsistent with the rights of others and performed with intent to obtain a dishonest advantage.

The initial story is at http://www.wisinfo.com/thereporter/news/archive/lo cal_15358665.shtml.

If anyone has been through a similar experience or can offer assistance please contact the director of the Campbellsport (WI) Public Library, http://www.campbellsportlibrary.org/.”