CITIES AND MUNICIPALITIES - LIBRARIES - LIBRARY BOARD POWERS. Letter, March 1, 1978, to Thomas A. Glinstra, Attorney at Law, Olathe, Kansas.

Synopsis: Once he city governing body approves the decision to erect a library building under K.S.A. 12-1225 (b), the authority and responsibility to implement and execute that decision, through the execution of contracts and the disbursement of funds therefor, rests solely with the library board.

Dear Mr. Glinstra:

We have your letter of February 22, 1978, inquiring whether in view of the statement and conclusions reached in Opinion No. 78-74, the "Library Board and not the City Commission is totally liable for the construction of the building and the ultimate disbursement of the funds." For the reasons stated in that opinion, repetition and elaboration of which is unnecessary here, that is a correct statement of my view of the powers of the library board. In my judgement, responsibility for the construction of the building, and for the execution of contracts therefor are the disbursement of funds therefor, rests exclusively with the library board, and not with the city commission. The city commission is required, of course, to approve the decision to construct the building, but once that approval is given, responsibility for execution of the project rests with the library board.

- Quoted from Kansas Public Library Laws, Attorney General’s Opinions and Rules and Regulations, State Library of Kansas, March 1979.


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