Task Number Three: Coordinating Local Government Participation

In the Assessment Phase, it was suggested that the exploratory group keep local government officials informed about what they are doing. In the Planning Phase, the working group will not only need to keep local government officials informed, but the working group will also need to educate local officials about their responsibilities in the districting process and will need to negotiate agreements about how processes will be carried out. In discussing these responsibilities and processes, we will first look at city
governments and then at county government officials.

City Government. Working with city councils will be important in any districting process. As one group of opinion leaders, it is essential that city council members be kept informed about the districting process even if the city does not operate its own library. Keeping in touch with a city council becomes even more important when a city does operate a public library. Early in the process, the city council of a city that operates a public library should be informed of the districting effort, informed of how the district could affect their library, and informed of the various options open to them with the advantages and disadvantages of each.

• Establishment. In cases of establishment, the city library board, as the legal governing body of the library, will need to work with the city council to decide whether the city will be included in a new library district. [See Idaho Code sections 33-2601, 33-2604, and 33-2704(4).]
• Combination. The combination of a city with a contiguous district is initiated by a petition of city residents, and then proceeds through an election process. The city will then become part of the district only if the majority of city electors voting in the election vote to join the district. [See I.C. § 33-2709.]
• Establishment and Combination. In either case, the city council can also have a great deal of influence on the election by declaring — or not declaring — that it will reduce city property taxes by the amount currently allocated for library services if the election passes. The city council can also greatly influence the ease of transition from a city library to a district library. If the city owns the library facility, it can refuse to negotiate with the new district for its continued use as a library. The council can also decide whether it will provide transitional funding during the first year of the district’s existence. These powers can greatly influence the operation of the district during its crucial first year of service. [See I.C. § 33-2710.]

In working with city councils, it is therefore very important to keep them as informed about the process as possible and to consider their attitude about the process when deciding whether the city should be included in the district’s territory. The council also needs to be informed of their legal responsibility in the election process in cases where the city will be combining with an existing district.

Negotiations on the continued use of the city library facility, of transitional funding, and of the reduction of the city budget for that portion used for library services need to be conducted during the Planning Phase. More information on these negotiations is to be found in Tasks Seven and Eight of the Planning Phase.

The best way to work with city governments is to include sympathetic members of the council or sympathetic city clerks in the working group for the district. This assures that the council will receive accurate information about the group’s plans, and it gives the districting effort an informed advocate at city council meetings. If this cannot be done, it is important for the group to work hard to keep the council informed about its work by sending the council the working group’s meeting reports, and by making an effort to report at city council meetings on a regular basis.

County Government. County government officials are responsible for carrying out many of the legal activities of the districting process. In the establishment process, for example, the county commissioners are responsible for receiving the petition for establishment [see I.C. § 33-2704(1)], holding a hearing on establishment of the district, fixing the boundaries of the district based on the hearing, carrying out some or all election procedures [see I.C. § 33-2704], and entering the order that the district is established if the election is successful [see I.C. § 33-2705]. After a successful election, the county commissioners appoint the first district board [see I.C. § 33-2715(2)]. For annexations (I.C. §§ 33-2707, 33-2708, and 33-2709), the commissioners are also required to accept petitions, hold hearings, and carry out election procedures. For
consolidations of library districts [see I.C. § 33-2711], they have the responsibility to receive petitions and hold a hearing, to approve or disapprove the boundary adjustments, and to appoint a new board for the consolidated district. These processes will be discussed in detail in Phase Three: The Decision Process.

As with city government officials, the best way to work with county officials is to include them in the working group. If they do not have the time or interest to do this, you will need to confirm that they understand the process and their role in it.

It is unlikely at the beginning of the library districting process that the county commissioners and the county clerk will be aware of their responsibilities in this matter. It is therefore imperative that one or two spokespeople for the working group meet with both the commissioners and the county clerk. Particularly in cases where elections will be held, it is important that county officials understand their legal responsibilities for carrying out and paying for election procedures. [See I.C. § 63-802(c).]

It is probably best to begin your conversations with county officials by meeting with the county clerk, since this is the official who will do most of the work. As with other county officials, it is important that you work hard to keep this relationship cordial; it is best to have one or two people from the working group develop an ongoing relationship with the county clerk. By appointing one or two people to work with the clerk, it gives the clerk a point of contact. Approaching the clerk with a larger group of people may not be perceived by the clerk as either friendly or cordial.

Since the county clerk often has a great deal of useful information, it is a good idea to solicit his or her advice in addition to explaining the legal process for library districting. Be prepared to hear about the county clerk’s issues with the process and look for ways to compromise if there are problems. For example, the timing of the election may pose problems for the county in holding the election. Similarly, if proposed district boundaries do not follow voting precinct lines, it could make election procedures more complicated. The county might be more enthusiastic about conducting an election when other elections are being held or if district boundaries can be redrawn to coincide with precinct boundaries. The county should also be given time to prepare for an election, which means that they should be informed of the election date as far in advance as possible. Compromises should be considered, if they do not drastically interfere with the districting process.

Once working group representatives have met with the county clerk, a meeting should also be scheduled with the county commissioners to explain the process to them, and to ask for their support. Throughout the planning process, written reports on the districting efforts should be sent to the commissioners and the county clerk. At strategic times, the working group should also contact the county clerk and make oral reports at county commissioners meetings.

The New Board of Trustees. In the cases of establishment projects, the county commissioners appoint the board for the new district. This responsibility gives the commissioners influence during the district’s first year of existence. It is therefore vital that the working group come to some understanding with the commissioners about who should be appointed. In most cases, the commissioners will be more than happy to receive suggestions about these appointees. They may even ask the working group to provide a vetted list of candidates for all positions on the first board. Your group should therefore have a list of suggested board members prepared, and you should discuss this issue with the commissioners.

In cases of consolidation of districts, the commissioners also appoint the board for the consolidated district. [See I.C. § 33-2711.] However, this board must be made up of members of the board members from the districts that consolidated. Consolidating boards should give a list of board members who are willing to serve on the new consolidated board.

Q. What If the County Commissioners Do Not Favor a Library District?
A. Because of the power the county commissioners hold over the districting effort and the first year of the district’s operation, if the board of commissioners is openly opposed to a new library district, your group should very seriously consider whether to proceed. Instead, it might be better to take the time to work with the commissioners until they are agreeable to the districting project.