[Michlib-l] Board Member voting

[Membiela, Clare (MDE)]

Hello Rebekah:

I hope you are well!

The answer to this question as it pertains to your library could differ depending on your library's establishment.

Your library is a City Library established under section 1 of The City, Village and Township Libraries Act, 1877 PA 164, MCL 397.201 et seq.

Your library is not part of your city. It has a separate and independent governing board.

The board would be subject to adhere to the city charter and ordinance sections (unless a charter section is contradictory to a provision in 1877 PA 164 applicable to section 1 city libraries).  Michigan law has held that state statutes prevail over city charters, so if there is a discrepancy, the state statute holds.

HOWEVER:

The Charter Section you mention seems to be 6.6(c) which only pertains to the City Council. https://library.municode.com/mi/hillsdale/codes/code_of_ordinances?nodeId=PTICH_CH6THCOPRMIPODU_S6.6COATCOME
There is no indication that the rules of procedure within Chapter 6 of the Charter apply to any body other than the City Council. There are no rules of procedure for any appointive board or commission in either the Charter or the Ordinances (but there is a section for boards and commissions in the ordinances - https://library.municode.com/mi/hillsdale/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTIVBOCO

The requirement you describe does not seem to apply to the library board, which by the Charter's own language (Ordinance 2-264 https://library.municode.com/mi/hillsdale/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_DIV6PLCO_DIV7LIBO) is subject to the "powers and duties specified in sections 5, 6 and 7 of Public Act No. 164 of 1877 (MCL 397.205, 397.206 and 397.207)." MCL 397.205 indicates that "The governing board shall make and adopt bylaws, rules, and regulations for its own guidance and for the government of the library and reading room, consistent with this act." http://legislature.mi.gov/doc.aspx?mcl-397-205

Roberts Rules of Order are not laws or regulations that boards are required to follow. If the board has adopted Roberts Rules in their bylaws as the authority over board procedure, then they should follow Roberts Rules unless the rule contradicts state statute and/or City Charter & Ordinances as they pertain to the library (which does not seem to be the situation here).

According to Roberts Rules, a member cannot be forced to vote ( or prevented from voting). The only exception is if there is a conflict of interest, a member should not vote if they have a personal interest in the outcome (recusal because of personal interest/ enrichment is a requirement in Michigan law too). However, it should also be noted that a board member has a fiduciary duty to act in the best interests of the library and not refrain from voting because of a personal, political, or religious viewpoint. Refusing to vote as part of an agenda or reason unrelated to the overall good of the library could also be considered a neglect of duty.
The board could implement a bylaw on voting requirements ( It is recommended hat the board work with their attorney to ensure any new requirement is legal and has the desired effect).

As always, if this is an issue that is causing great concern, it is always best to consult your library's attorney.

I hope this is helpful!
Please do not hesitate if you have any questions.

Sincerely,
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
"If there is any fixed star in our constitutional constellation,it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion...." West Va. Bd. Of Ed. V. Barnette, 319 U.S., at 642.

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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Rebekah Dobski via Michlib-l
Sent: Monday, November 27, 2023 4:46 PM
To: michlib-l at mcls.org
Subject: [Michlib-l] Board Member voting

CAUTION: This is an External email. Please send suspicious emails to abuse at michigan.gov<mailto:abuse at michigan.gov>

Hello LibraryLand :)

I am hoping to get some clarification regarding board member voting rules/best practices. The board members here follow Robert's Rule of Order to a T, but there is not enough information on this specifically within libraries that we can locate. For context, the Hillsdale Community Library has a governing board of five members all appointed by our mayor/city council.

It was addressed at our last board meeting by a member of the public that choosing to abstain from a vote as a board member would make one "guilty of misconduct" (6.7<https://library.municode.com/mi/hillsdale/codes/code_of_ordinances?nodeId=PTICH_CH6THCOPRMIPODU_S6.7ORRUCO> in our city charter) and not doing their service to the library. The board and myself are not quite certain how true this is to our establishment, as in, is this something we must follow as well because we are a part of the city? Or are we allowed to create our own "rules"/ norms regarding this? I know there are some sources that mention it is okay to abstain from voting when conflicts of interest arise, but this isn't necessarily the case for why a board member chooses to abstain from a vote here.
Our board would mostly like to know just to make sure that they are following best practices and not doing anything dishonorable to the community/library. The verbiage was brought forth via the city council charter, so it does not directly mention the library and how the members must behave. The library follows city charters and all of that when applicable, so I am not sure where we draw the line with the city charter. It feels wrong to pick and choose what we do and do not follow from the city. Any clarification on this as well as how your board deals with this would be great and useful information to us.

Thanks,

Rebekah Dobski
Library Director
Hillsdale Community Library
11 E. Bacon St
Hillsdale, MI 49242
517-437-6472

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