ADMINISTRATIVE REGULATIONS 

 

TAB: Governance DOCUMENT NUMBER: ARM 10-55-14 

 

SECTION: Resolutions by Library Board of Directors 
SUBJECT: LIBRARY FUND 

SUMMARY 

Money raised for the purpose of providing library services 
cannot be diverted to the County General Fund for other 
purposes. 

This resolution is the outcome of a disagreement between the 
BOCC and Library Board regarding two issues: (1) whether 
the BOCC can direct the transfer of funds from the Library 
Fund to the General Fund for the purpose of balancing the 
County government's funds, and (2) whether the County can 
charge the Library for administrative services rendered. The 
history of the disagreement is included in the resolution. The 
issues are centered in the 1983 agreement between the two 
boards which is represented in ARM 10-10-10 and in pertinent 
Kansas statutes appended to that agreement. The resolution 
represents a request by the Library Board that the BOCC 
modify its resolution regarding the Library Fund. 

Effective Date 

July 12, 2012 (reaffirmed) 

Reviewed: 

August 2, 2016 

November 8, 2018 

October 22, 2020 

October 13, 2022 

PREFACE 

The following resolution was adopted by the Board of 
Directors of the Johnson County Library at its regular meeting 
of April 15, 1992: 

HISTORY 

1. On January 30, 1992, the Board of County Commissioners 
of Johnson County adopted Resolution 010-92, which, among 
other things, purported to authorize the encumbrance of 

$202,513 in the Johnson County Library Fund and to authorize 
"the transfer, as necessary, of the monies encumbered for 
administrative services charges." BOCC Resolution 010-92, 
page 3. 

 

2. After consulting with the Board of County Commissioners, 
the Board of Directors of the Johnson County Library, by way 
of its counsel, requested an opinion from the Attorney 
General, Robert T. Stephan, as to whether BOCC Resolution 
010-92 was in violation of statute. 

 

3. On April 6, 1992, Attorney General Stephan issued Attorney 
General Opinion 92-47, which provided, in pertinent part, as 
follows: 

 

(a) Resolution 010-92 is in violation of K.S.A. 79-2934, which 
provides in pertinent part as follows: 

 

 

 




 



thus made shall not be used for any other purpose. 

 

No part of any fund shall be diverted to any other fund, 
whether before or after the distribution of taxes by the county 
treasurer, except as provided by law. 

(b) The board of county commissioners cannot authorize the 
transfer of funds from the Library Fund through the process of 
passing a resolution, when the resolution violates state 
statute. 

(c) Money raised for the purpose of providing library services 
cannot be diverted to the General Fund for other purposes. 

(d) The board of county commissioners cannot charge 
county agencies for administrative services which they are 
performing pursuant to statute. 

(e) The county treasurer is the lawful custodian of the Library 
Fund. 

(f) Even if presented with an order signed by the chairman of 
the board of county commissioners, the county treasurer is 
prohibited from transferring funds from the Library Fund 
pursuant to Resolution 010-92. 

IT IS ACCORDINGLY RESOLVED: 

That the Board of Directors of the Johnson County Library 
requests that the Board of County Commissioners modify 
Resolution 010-92 to comply with Attorney General Opinion 
92-47; not to attempt the transfer of any funds from the 
Johnson County Library Fund to the County General Fund; to 
remove any encumbrances placed on the $202,513 in the 
Johnson County Library Fund; and to include the sum of 

$202,513 in the anticipated carry-over amount in the Johnson 
County Library Fund for the 1993 Johnson County Library 
budget. 

October 13, 2022 

ARM 10-55-14 End