A settlement has been reached in a lawsuit filed by Pines and Plains Libraries against the Elbert County Board of County Commissioners.

A key part of the settlement is the creation of an intergovernmental agreement between the two entities.

Elbert County’s library district filed the lawsuit in January in opposition to a policy adopted by the board of commissioners a month earlier. That policy sought to “control the qualifications, appointment, tenure and termination of the lbrary district’s board of trustees,” library officials stated at the time. The district argued that the Colorado Library Law places those subjects beyond the authority of the board of county commissioners.

“The Trustee selection process required in the Policy is contrary to the Library Law,” stated the complaint, which was filed in district court in Kiowa. “The BOCC’s sole authority under the Library Law is to ratify or reject a candidate recommended to the Board.”

County commissioners contend the policy did not place restrictions on whom the library trustees could nominate.

“It simply ensures careful scrutiny and unanimity from the BOCC if a nominee doesn’t meet the broad requirements set for appointment to any of the county’s boards, commissions or committees,” the county stated in a January news release.

Documents show that the settlement, dated June 13, supersedes the appointments policy the board of commissioners, or BOCC, passed in December.

In part, the IGA states:

• “The BOCC shall not be involved in the recommendation process for Trustees members of the Library Board other than to ratify or reject a recommendation.”

• “When a vacancy occurs, the Library Board shall notify the BOCC of the vacancy as soon as possible after a vacancy occurs… the Library Board may at its own discretion request that the BOCC advertise the open position at the County expense on County media sites, in an effort to maximize the potential exposure and notification of such vacancy…”

• “All recommended candidates, including incumbents completing a term, must be presented for ratification or rejection by the BOCC.”

• “The Library Board will provide recommendations for any vacancy as soon as possible…” To that end, the agreement states the library board must include a written explanation stating the reason it is recommending a candidate, or in the case of an incumbent, a letter of recommendation explaining the incumbent’s contributions during his or her previous term.

• “Trustees may be removed by the BOCC only upon a finding of good cause as required by C.R.S. 24-90-108(5) during a public meeting that complies with the Colorado Open Meetings Law… ‘good cause’ shall be defined by the Library Board’s bylaws, but can be supplemented by Colorado law.”

The settlement calls for the IGA to be in effect for six years, “unless the BOCC or Library Board shall give written notice of termination in writing to the other party.”

A news release issued by Elbert County announcing the settlement said the lawsuit “cost the county government over $13,000 in taxpayer dollars.”