AGO 1993-031.

• Case Date: November 16, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-031. November 16, 1993OPINION NO. 1993-031Richard M. Cheski State Librarian The State Library of Ohio 65 South Front Street Columbus, Ohio 43266-0334 Dear Mr. Cheski: You have asked for an opinion on the following questions:

1. Is a public library district established under [R.C. 3375.06-.411] a political subdivision of the State for the purposes of [R.C. 167.01]?

2. Is a public library district established under [R.C. 3375.06-.411] a political subdivision of the State for the purposes of [R.C. 9.833]?

3. If your answer is yes to the first two questions, may such a public library join a regional council of governments established under [R.C. Chapter 167] and participate in a joint self-insurance health care program for its employees operated pursuant to [R.C. 9.833]?

Free Public Libraries

Within R.C. Chapter 3375, the General Assembly has provided for the creation and operation of various types of public libraries throughout the state. As the court in Brown v. State ex rel. Merland, 120 Ohio St. 297, 302, 166 N.E. 214, 216 (1929), stated: "Public libraries are a part of the educational facilities of the state, and, while not so generally employed or so readily accessible as schools, if they constitute a proper element of governmental activity they must be as applicable to every community as to any one community. Knowledge is neither more nor less necessary or expedient in the populous centers than in the sparsely settled rural counties." (Emphasis added.) See also State ex rel. Brickell v. Frank, 129 Ohio St. 604, 196 N.E. 416 (1935). Public libraries are created in a number of ways. R.C. 3375.06 provides that in certain counties, "a county free public library shall be established for the use of all of the inhabitants of the county" (emphasis added). Similar provision is made in R.C. 3375.10 for the establishment in certain townships of "a free public library." R.C. 3375.15 refers to a "free public library" that has been established by a certain type of school district, as does R.C. 3375.12, referring to "free public libraries established by municipal corporations." R.C. 3375.22 and R.C. 3375.30, however, use different terminology, speaking instead of "the free public library" of a "county library district" under the former, and referring to the "regional district free public library" in the latter.(fn1) Thus, although your opinion request uses the term "library district" to refer to all of the above, this opinion will refer to the various public libraries and public library districts established under R.C. 3375.06-.411 as "library entities," in recognition of the different schemes described above. An element common to these library entities is that each is governed by a board of trustees appointed under R.C. 3375.06 (county free public library), R.C. 3375.10 (township free public library), R.C. 3375.12 (municipal free public libraries), R.C. 3375.15 (school district free public library), R.C. 3375.22 (county library district), or R.C. 3375.30 (regional library district). Pursuant to R.C. 3375.33, these boards of library trustees are "bodies politic and corporate, and as such are capable of suing and being sued, contracting, acquiring, holding, possessing, and disposing of real and personal property, and of exercising such other powers and privileges as are conferred upon them by law." Among the powers conferred upon such library boards of trustees is the power to:

(L) Procure and pay all or part of the cost of group life, hospitalization, surgical, major medical, disability benefit, dental care, eye care, hearing aids, or prescription drug insurance, or a combination of any of the foregoing types of

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