Are trustees of a New York school district public library subject to term limits?

Plain-English summary

The Ellenville Public Library and Museum is a school district library. Counsel for the library asked whether the term limits in Education Law § 255(2) applied to a trustee who had already served part of one term, and whether that trustee could now serve two additional full terms.

The AG said no term limits applied.

Education Law § 255(2)(f) does impose term limits, but it applies only to trustees of cooperative library systems. A cooperative library system is a multi-library administrative entity (typically a county-level or regional consortium) that provides shared services to its member libraries. It is a different kind of statutory creature than an individual public library.

The Ellenville Public Library is an individual library, not a cooperative library system. Education Law § 260 governs trustees of school district libraries and other individual public libraries. Section 260 describes how trustees are nominated and outlines their powers. It does not contain any term-limit provision.

The conclusion was straightforward: there is no statutory limit on the number of terms a trustee of a school district library may serve. The trustee in question could continue to serve as many terms as the library electorate (or, depending on the library's structure, the school district board) chose to give the trustee.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What is the difference between a public library and a cooperative library system?

A public library is a single-library entity that serves a defined community (a city, village, town, school district, or association of those). A cooperative library system is a multi-library administrative entity that provides shared services (purchasing, interlibrary loan, automation systems, professional development) to a group of member public libraries. New York has a network of cooperative library systems (Public Library Systems and Reference and Research Library Resources Councils). The statutes that govern each are distinct.

Does this opinion apply to a public library that is not a school district library?

The opinion's specific holding is about Ellenville, which is a school district library. The same statutory analysis applies to other types of public libraries (municipal public libraries, association libraries) because Education Law § 260 covers a broader category of public libraries and similarly does not impose term limits. The opinion did not extend the analysis to every category, but the reasoning is portable.

Can a school district impose term limits by local action?

The opinion did not address that. Whether a school district or library board could impose term limits by local bylaw or resolution is a separate question. Some library structures may allow it; others may not. A library considering local term limits would need to consult its specific governing structure and any applicable local laws.

Can the trustee complete part of a term and then serve two full terms?

Yes, the answer to the specific question posed. With no statutory term limit, partial terms do not count against any cap. The trustee can serve full terms thereafter, subject only to whatever appointment or election process the library uses.

What governs trustee selection in a school district library?

Education Law § 260 covers nomination and powers. School district library trustees are typically elected at the annual school district meeting, though the specific procedure varies by district structure. The 1998 opinion focused on the term-limit question and did not detail selection mechanics.

Are there term limits for trustees of cooperative library systems?

Yes, under Education Law § 255(2)(f). A cooperative library system trustee may serve only two consecutive five-year terms; after serving the maximum, the trustee must wait at least one year before serving again. That provision was the source of confusion at Ellenville, but it does not reach individual library trustees.

Background and statutory framework

Education Law § 255 governs cooperative library systems. Subdivision 2 sets the membership and governance of the system boards. Subdivision 2(f) contains the term-limit provision.

Education Law § 260 governs trustees of school district libraries and other individual public libraries. The section addresses nomination and election of trustees, vacancies, and trustee powers. It is silent on term limits, which means there is no term limit.

The split between § 255 and § 260 reflects the distinct roles of the two kinds of library entities. Cooperative library systems are state-funded entities subject to State Education Department regulation; the term limits there reflect a legislative judgment that turnover in those boards serves the statewide library network. Individual libraries have more localized governance, and the Legislature left them more flexibility.

Citations

• Education Law § 255 (cooperative library systems).
• Education Law § 255(2) (cooperative library system membership and governance).
• Education Law § 255(2)(f) (term limits for cooperative library system trustees).
• Education Law § 260 (trustees of school district libraries and other public libraries).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_98-10_pw.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

EDUCATION LAW §§ 255, 260.

The Education Law does not limit the number of terms that
may be served by trustees of school district libraries.

February 24, 1998

James J. Barry, Esq. Informal Opinion
Ellenville Public Library No. 98-10
And Museum
P. O. Box 469
Ellenville, NY 12428

Dear Mr. Barry:

You have asked whether trustees of the Ellenville Public
Library and Museum, a school district library, are subject to
term limits. Specifically, you ask whether the term limits
contained in Education Law § 255(2) would prevent a trustee who
had served part of one term from serving two additional full
terms.

We conclude that the Education Law does not impose term
limits upon the trustees of the Ellenville Public Library. The
provision of the Education Law you cite applies only to trustees
of cooperative library systems, not to individual libraries like
the Ellenville Public Library. The term limits contained in
Education Law § 255(2)(f), therefore, are not applicable to the
trustees of the Ellenville Public Library.

Education Law § 260 governs trustees of school district
libraries and other public libraries. That section describes the
way in which trustees are to be nominated and outlines their
powers. It contains no limitation upon the number of terms that
may be served by trustees of school district libraries.

We conclude that there is no limitation on the number of
terms that may be served by a trustee of a school district
library.

The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.

Very truly yours,

SIOBHAN S. CRARY
Assistant Attorney General