Managing Liability As A Board Member (Adapted from the 1993 Connecticut Public Library Trustees Handbook)
There are a few general rules that every board member should follow in order to reduce risk for yourself and the library…
Pay Attention The library board’s greatest liability risk comes from negligence in doing the job as it is supposed to be done. When members miss meetings, vote on issues without adequate preparation or study, fail to carefully evaluate the financial status of the library or just don’t take time to do the job right, they are walking on dangerous ground. Pay attention to financial reports and the annual audit. Read the minutes of the meetings for accuracy and completeness. Have adequate and correct information and understand the issues before making decisions. Evaluate the director and the progress of the library annually. Ask trustees to submit their resignation to the appointing authority if an individual trustee does not actively participate in the board, or attend meetings regularly.
Know Your Board Policies Well and Follow Them
Use Common Sense in Taking Action as a Board Member
Check Your Board’s Directors and Officers (Errors And Omissions) Insurance Policy
Take Preventive Measures
Do Only What the Law Says Your Board Can Do
Ask Your Library Director to Describe How Your Library Assures Compliance With Laws And Library Policies such as:
Failure to have a policy when you should have one or failure to abide by the policies you have approved is often a source of litigation.
No one has to tell you that some issues such as potential employment discrimination or manipulating funds are dangerous and will very possibly land you in court. Excuse yourself from discussing or voting on an issue if you have a conflict of interest.
Seek Legal Counsel When a Question of Legality Arises
Board members often approve major contracts for the library. It should be standard procedure to have contracts reviewed by an attorney before the board gives approval. If you are unsure of your authority, or interpretation of laws, rules and regulations, consult legal counsel.
Know what it covers and it does not cover. Most homeowner’s liability policies do not cover your liability as a board member, so your board should consider additional coverage for the board through the library’s insurance package.
Request that your library legal counsel discuss liability risks with the full board. Many insurance companies also provide risk management programs for organizations like the library. Ask your insurance carrier to provide such a program for your board.
Library boards may not do anything that is not spelled out in law. In addition, be careful to abide by the terms of office specified in state law.