To:       Winnefox Library System Board of Trustees

From:   Mark W. Arend, Interim Assistant Director

Re:       Insurance and bonding for system trustees and staff

Date:    22 May 2006

 

 

At our last meeting the question of insurance for Winnefox trustees was raised.   I surveyed the other library systems in Wisconsin and received responses from eight.   Five of the responding systems bond the board treasurer and one bonds the board president.  Those systems that cover their treasurer do so because the treasurer signs checks. 

 

It’s generally felt that it is unnecessary to carry insurance for other trustees for two reasons.   First, library system trustees, as county appointees, are already covered by the county’s  ‘errors and omissions’ insurance coverage.  We have checked with officials in each of our counties and as of this writing have heard back from 3.  They have confirmed that you are covered under your county’s insurance coverage.  

 

Second, Wisconsin Statutes (Section 893.80(4)) and court cases generally provide that public officials, including library trustees, are immune from individual liability for actions performed within the scope of their office.  Liability is still possible, however, for intentional or careless injuries or damages, illegal use of public funds or authority, ethics and conflict-of-interest law violations, public records law violations, and open meetings law violations.   Trustee Essential #25, which gives more information on liability, is in your Trustee Manual.

 

 

All the responding systems have employee dishonesty policies for some staff or have staff bonded.  Most commonly covered are the director, business manager, office staff who deal with financial records, and van drivers.   There is no common amount of coverage; it ranges from $5,000 to $100,000.  The average is $50,000.   Winnefox currently carries a $10,000 policy for staff.  In light of these survey findings we will be increasing the coverage.