Request By:
Mr. James A. Nelson
State Librarian and Commissioner
Department of Library and Archives
P.O. Box 537
Frankfort, Kentucky 40602
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter in which you ask if a public library district established under KRS 173.460 or 173.715 can legally provide funds to an existing library without a contract.
It is the opinion of this office that under either KRS 173.460 or 173.715 a public library district would have to have a contract before any library tax funds could be provided to an existing library.
Both KRS 173.460 and KRS 173.715 provide that:
All of the territory in a county, or in two (2) or more counties contiguous to each other may be organized into a public library district for the purpose of levying a tax to pay for establishing, equipping, maintaining and administering libraries, or for contracting for library service from any existing library.
A reading of KRS 173.460 and 173.715 makes it clear that a public library district can levy a tax and expend funds only for the purpose of either:
1. establishing and maintaining its own library; or
2. contracting for library services from an existing library.
Therefore, unless a public library district plans to establish its own library, a public library district can only levy a tax to pay for contracting for library services from an existing library. This being the case it seems obvious that there must be a contract for services before payment for services can be made. As a legal matter, then, a public library district appears to be prohibited by statute from making payment to an existing library for services without first having a contract.
As a practical matter this office does not see how a public library district could contemplate paying an existing library for library services without having some sort of agreement spelling out the duties and responsibilities of the respective parties. If there is an agreement, supported by consideration, then there is a contract. If the contract is not to be performed within one year, it should be in writing. KRS 371.010(7).
It is hoped that your question has been adequately answered.