Library Law and Intellectual Freedom

This section is for the foundational (intellectual freedom) documents of libraries, library elections, Idaho’s Open Meeting Law and its requirements, information on the library’s attorney, the Idaho Counties Rick Management Program (ICRMP), Idaho’s library laws, Idaho’s Public Records Act, and records retention guidelines.

  • ALA’s intellectual Freedom documents, which are located at the bottom of the right-hand column on the ICfL’s Trustees landing page
  • An explanation of elections relevant to the library, e.g., trustee8, plant facilities9, construction bond10, levy override11, and the applicable legal citations
  • How to meet the agenda and notice posting requirements for regular, special, and emergency meetings and instructions for going into executive session — there are checklists at the back of the Idaho Open Meeting Law Manual
  • How many trustees make a quorum12
  • The name of and contact information for your library’s attorney and where legal fees are accounted for in the library’s annual budget
  • What ICRMP13 does for your library and how to contact them
  • The most current edition of Idaho Library Laws
  • Open Meeting Law Worksheets
  • The Idaho Public Records Law Manual
  • Record retention guidelines
    • Library policies: Do not discard. Retired policies and older versions of current policies can help future boards understand how, when, and why policy changes were made and when polices were created. There may also be answers to these questions in the board’s meeting minutes.
    • Library board bylaws. Do not discard. Older versions of board bylaws are also a good source of historical information.
    • Minutes of library board meetings: Do not discard. Meeting minutes are an invaluable source of learning about the library’s history.
    • E-rate documents: All applicants and service providers are required to retain receipt and delivery records relating to pre-bidding, bidding, contracts, application process, invoices, provision of services, and other matters relating to the administration of universal service for a period of at least 10 years after the latter of the last day of the applicable funding year or the service delivery deadline for the funding request.
      • The current document retention requirement became effective upon announcement in the Federal Register14 on November 20, 2014. The suggested list of documents to be retained can be found in paragraphs 45-50 in the FCC’s 5th Report and Order (FCC 04-19015).
      • For example, if a service provider provides recurring internet access to an applicant for Funding Year 2022 (July 1, 2022 — June 30, 2023), both the applicant and the service provider must retain all records on this transaction until at least 2033.
    • Human Resources Documents:
      • Time periods for retaining records set forth in statutes are minimums. Since these records are critical to the employer if its compliance with federal or state law is questioned or if it must defend itself against employment-related litigation, employers may want to retain employment-related records for longer periods. Moreover, the penalties for not keeping required records may be severe.
      • Your library’s H.R. professional or attorney should be able to answer your questions about human resources records retention.

8 Elections for district library trustees are held in May of odd-numbered years.

9 District libraries may create a plant facilities reserve fund and hold an election to authorize the levy to fund it.

10 A taxing district, such as a library district or city, may hold an election for the approval of a building bond.

11 A taxing district may hold an election for a temporary (two-year) levy override (which requires a simple majority to pass) or for a permanent levy override (which requires a supermajority of 66.7% to pass).

12 For a city library, a quorum shall consist of three (3) voting members, but a smaller number may adjourn; for a district library, a quorum shall consist of three (3) members, but a smaller number may adjourn.

13 The Idaho Counties Risk Management Program provides property and liability insurance coverage and risk management resources to Idaho local governments.

14 Federal Register announcement

15 FCC 5th Report and Order

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