Trustee Manual: Appendix A - Library Board of Terms
Appendix A | Appendix Index | Appendix B | Table of Contents | PDF
A Summary of the Pertinent Utah State Statutes
Following is a synopsis of the sections of the Utah Code that pertain to library boards, or the State Library Division's interpretation thereof. In the following statements "governing entity" refers to the city council or mayor and the county commission or council.
This synopsis is not intended to replace the Utah Code, and questions that the Board may have concerning interpretation of the Code should be directed to its legal counsel.
1. All changes to a library board, in members or chairperson, should be reported to the State Library Division through the library's assigned State Consultant as soon as possible after the change becomes effective. This enables the staff to keep a board listing current and ensure that board members receive the correct mailings.
2. The establishment and continuance of both city and county library boards are based on the same guidelines and restrictions, except for the length of terms. City board members serve three-year terms; county board members serve four-year terms.
3. Board members must be appointed by the governing entity from citizens of the governing jurisdiction. Library boards can recommend members to the governing entity, but cannot appoint their own members.
4. Legally established boards must have from five to nine members. Only one member (or representative) of the governing entity may serve on the board at any one time. If the representative of the governing entity is deemed by the governing entity to be a non-voting liaison, that person should be reported to the State Library Division as a non-voting member, and will not be included in the five to nine member number.
5. When a board is established, the terms of the citizen members should be staggered by the governing entity so that as nearly as possible equal number of terms expire each year (i.e. 1/3rd or 1/4th).
6. Each citizen member of the board is entitled to serve two full terms at the pleasure of the governing entity. When their first term is finished, they must be formally reappointed by the governing entity.
7. When a board member resigns in mid-term, the governing entity may appoint a replacement to serve out the remainder of that term. As this is a partial term, that person will then be eligible for another two full terms, if reappointed by the governing entity.
8. When a position becomes vacant because a term has expired, the person appointed to fill that position will be deemed to be serving a full term from the time of expiration, even if the position goes unfilled for a period of time.
9. Any citizen member who has served two full terms must remain off the board for one full year before they may be reappointed.
10. If it is decided to reduce the number of people on the board, the governing entity should officially make that declaration, and a letter should be sent to the State Library Division to that effect. Reduction of the board below five people constitutes a board that is not in compliance with the law. Conversely, a board with more than nine voting members is also not in compliance.
11. If the number of members on a board is officially increased or reduced, the board should review the term expirations of its members and determine if the terms are still set up in a staggered fashion (approximately the same number of people go off the board each year). If not, they should propose a solution to the governing entity, which would rule on the proposal. Then a copy of the new terms should be sent to the State Library Division.
12. Terms that may be shortened by realignment to meet the "staggered" provision of the law are deemed to be full terms.
13. The statutes state that the appointment of new board members (or reappointment of board members whose first term has expired) by the governing entity should occur before July 1 of each year. The State Library Division interprets this to mean that terms should begin on July 1 and expire on June 30, corresponding to the State and city fiscal year.