Hartford Board of Library Trustees v. Town of Hartford

816 A.2d 512, 174 Vt. 598, 2002 Vt. LEXIS 340
CourtSupreme Court of Vermont
DecidedNovember 21, 2002
Docket02-207
StatusPublished
Cited by7 cases

This text of 816 A.2d 512 (Hartford Board of Library Trustees v. Town of Hartford) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartford Board of Library Trustees v. Town of Hartford, 816 A.2d 512, 174 Vt. 598, 2002 Vt. LEXIS 340 (Vt. 2002).

Opinion

This appeal concerns a dispute between the Hartford Board of Library Trustees and the Hartford Town Manager over who has the authority to set the level of compensation for the town librarian. The Board appeals the superior court’s ruling that Vermont statutory law authorizes the Town of Hartford, and in particular the town manager, to exercise control over the librarian’s employment, including her salary and benefits. We conclude that Vermont law, as applied to the facts of this case, gives library trustees the final say over such matters, and therefore reverse the superior court’s decision.

The West Hartford Municipal Library is a town library governed by an elected board of trustees. See 22 V.S.A. §§ HU-146 (distinguishing between incorporated and municipal libraries). The present dispute arose when the Hartford Select Board and town manager (hereinafter the Town) reduced the librarian’s salary after the Board of Library Trustees had given her a raise. The trustees believed that the Town had usurped the Board’s authority, not only by lowering the librarian’s salary and reducing her vacation days, but also by processing library requisitions through the town treasurer and negotiating bulk utility rates that predetermined which phone company and fuel dealer would serve the library. In January 2001, the Board filed a declaratory judgment action asking the superior court to determine the relative authority of the Town and the Board with respect to the operation of the library, and in particular the salary and benefits of the librarian. On April 12,2002, following a January 2002 evidentiary hearing, the court ruled that Vermont statutory law gives the Town the authority to exercise control over the details of the librarian’s employment, including her salary and benefits.

On appeal, the parties debate the primacy of separate statutory schemes concerning the respective powers of the Town and the Board. Our review of these statutes and the question of law determined by the superior court is nondeferential and plenary. See Thompson v. Dewey’s S. Royalton, Inc., 169 Vt. 274, 276, 733 A.2d 65, 67 (1999) (questions of law are reviewed on nondeferential and plenary basis); State v. Koch, 169 Vt. 109, 112, 730 A.2d 577, 580 (1999) (issues concerning proper construction of statutes are questions of law, and thus are reviewed on nondeferential and plenary basis).

In claiming authority over the librarian’s salary and other matters, the Town relies upon three statutes contained in Title 24. The first provides that select boards “shall have the general supervision of the affairs of the town and shall cause to be performed all duties required of towns and town school districts not committed by law to the care of any particular officer.” 24 V.S.A. § 872. The second provides that municipalities “may adopt rules relating to personnel admini *599 stration, including the following: . . . vacations, . . . salaries.” 24 V.S.A. § 1121(a). These personnel rules “may” apply to any and all town employees, but not to employees of a town school district. Id. § 1121(b). The third provides that the town manager has the authority (1) to cause to be performed duties required of towns and town school districts not committed to the care of any particular officer; (2) to perform all duties conferred by law upon the select board, except for those specified therein; (3) to purchase all supplies for every town department, except for purchases by departments over which the manager does not have control, which shall be made by requisition through those departments; and (4) to have supervision over all public town buildings. 24 V.S.A. § 1236(l)-(4).

On the other side, the Board relies primarily on 22 V.S.A. § Í43(a), which is part of a chapter dedicated to public libraries and, more specifically, a sub-chapter concerning municipal libraries. Section 143(a) provides that municipal library trustees “have full power to manage the public library, make bylaws, elect officers, establish a library policy and receive, control and manage property which shall come into the hands of the municipality.” That section also allows the Board to “appoint a director for the efficient administration and conduct of the library.” Id. In the Board’s view, the language contained in § 143(a) demonstrates that the Legislature intended to give the Board complete authority to manage the library’s affairs, which would necessarily include deciding how to allocate funds appropriated to the library and, more particularly, setting the librarian’s level of compensation. The Town disagrees, contending that § 143(a) gives the Board the authority to manage only such things as library acquisitions, services, and programs, and that the provisions of Title 24 give the Town the authority to act as the library’s purchasing agent and to oversee library personnel and the library building itself.

When interpreting independent statutory schemes with overlapping subject matters, “we prefer to first look for a construction that will harmonize the seemingly-inconsistent statutes.” Vt. Tenants, Inc. v. Vt. Hous. Fin. Agency, 170 Vt. 77, 83, 742 A.2d 745, 749 (1999). We also bear in mind the general rules of statutory construction that a specific statute governs over a more general one, Pearson v. Pearson, 169 Vt. 28, 36, 726 A.2d 71, 76 (1999), and that a statute enacted later in time generally governs over an earlier statute. Cent. Vt. Hosp. v. Town of Berlin, 164 Vt. 456, 459, 672 A.2d 474, 476 (1995). Our ultimate objective, of course, is to implement the intent of the Legislature. Sagar v. Warren Selectboard, 170 Vt. 167, 171, 744 A.2d 422, 426 (1999). We achieve that end by examining the language of the statute in question, and, if necessary, the statutory scheme in its entirety, keeping in mind its subject matter, its effect and consequences, and the reason and spirit of the law. Id.

Construing the two statutory schemes in this case together, we conclude that the superior court erred in ruling that the Town is authorized to exercise control over the details of the librarian’s employment. Title 24 gives town select boards and town managers general supervisory powers over the affairs of their towns, but only to the extent that the duties they assume are not committed by law to others. See 24 V.S.A. § 872; 24 V.S.A. § 1236(1)-(2); see also L’Esperance v. Town of Charlotte, 167 Vt. 162, 169, 704 A.2d 760, 764-65 (1997) (select boards have broad power to undertake administrative duties authorized by statutory law concerning town affairs, but Legislature can create exceptions to this broad authority); Kirchner v. Giebink, 150 Vt. 172, 174-75, 552 A.2d 372, 374 (1988) (select boards have general supervisory power over town matters, “absent some *600

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Bluebook (online)
816 A.2d 512, 174 Vt. 598, 2002 Vt. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartford-board-of-library-trustees-v-town-of-hartford-vt-2002.