For weeks, residents have been raising concerns about efforts to change the rules at the Mount Vernon Public Library immediately after voters made their wishes known in the May election. MVCIP has also weighed in on the issues at the library several times: here, here, and here.
Today, the New York State Education Department weighed in — again.
The letter below was sent directly to the Library Board and addresses several of the concerns that residents have been expressing regarding board expansion, appointments, and the seating of elected trustees.
We are publishing the letter in full so that residents can review the State’s position for themselves.
The letter follows.
>>>>
Dear Board of Trustees,
It has come to the Department’s attention that the Mount Vernon Public Library (MVPL) Board of Trustees is considering an amendment of its bylaws to increase the number of trustees and then appoint individuals to those new seats. While the Board of Trustees may amend its bylaws, provided proper notice is given and procedures followed, the Board would not have the authority to appoint individuals to those positions under Education Law 226(4) (power of trustees to fill vacancies limited to death, resignation, removal from office or expiration of term). If new seats are created, the same must be filled through election by voters at the next scheduled election in May 2027.
Community members have also expressed concerns that the Mount Vernon Public Library Board of Trustees may not seat individuals elected in May 2026 or otherwise prevent them from serving. Any failure by the Board of Trustees to seat a duly elected trustee or prevent them from serving will be considered a neglect of duty and failure to carry into effect the purpose of the library—conditions that could support removal of trustees (Education Law § 226 [4]).
The Department will address concerns related to financial reporting in a subsequent communication.
If you have any questions or require assistance, please contact Dr. Terry Kirchner, Executive Director of the Westchester Library System, at mailto:tkirchner@wlsmail.org. Dr. Kirchner will coordinate with Natalie McDonough, Library Development Specialist and the State Library’s Regional Liaison to the Westchester Library System, as needed.
Sincerely,
Lauren Moore
Assistant Commissioner for Libraries and State Librarian
New York State Library
Office of Cultural Education
New York State Education Department