Transcript Library Laws You Need to Know

Library Laws
You Need to Know
Michele Stricker
Associate Director, Library Support Services
New Jersey State Library
Patricia Tumulty
Executive Director of the New Jersey Library Association &
New Jersey Library Trustee Association
Who needs to know?
• Directors and trustees/commissioners of
municipal, joint and county libraries MUST
keep informed and follow all pertinent laws
• Directors and trustees of association libraries
should know and follow laws such as open
public records, open public meeting and
purchasing/disposing law as much as
practicable as a best practice
Establishment of Public Libraries
• Municipal and joint municipal libraries are
established by referendum (NJSA 40:54-2, municipal;
NJSA 40:54-29.6, joint municipal)
• County library systems are established by
referendum with two exceptions (NJSA 40:33-2,
general, 12 county libraries; NJSA 40:33-5.1, Cumberland; NJSA
40:33-15 Morris)
• Association libraries are established according to
the Nonprofit Corporation Act (NJSA 15A:1-1) and
become public by agreeing to accept public funds
and serve the public (NJSA 40:54-35).
Municipal and Joint Municipal
Library Board Membership
• The mayor or other chief executive officer
of the municipality, and the superintendent
of schools are ex officio members and vote
• All appointments are for a term of 5 years,
except in the case of appointments to fill
vacancies occurring other than by
expiration of term, in which case the
appointment is for the unexpired term only
(NJSA 40:54-10)
Municipal and Joint Municipal
Library Board Restrictions
• All appointed trustees must be citizens
• No appointees may be employed by the
municipality or be part of municipal
government – the municipality is
represented by only one person and that
is either the mayor or the mayor’s
alternate
Municipal and Joint Municipal
Library Board Differences
• Five to seven citizens (municipal), or three (joint)
are appointed by the mayor (generally with
consent of council)
• There may be a total of seven, eight or nine
members (municipal), or limited only by the
number of municipalities participating (joint)
• At least one term expires annually (municipal), or
one in year three, four and five (joint)
• At least four of the appointed members must be
residents of the municipality (municipal), or two
(joint)
Association Library Boards
• Association libraries follow the requirements of the
Nonprofit Corporation Act, and must also abide by the
provisions of the Charitable Registration and
Investigation Act (NJSA 45:17A-18 et seq.).
• At least three directors/board members are required
and at least one of these must be an officer authorized
to sign for the library’s incorporation papers
• Bylaws determine term and number of board members
(above the minimum), type of officers etc.
County Library Commission
• County library law differs somewhat in
composition and commissioner appointment
but maintains the five-year term and stagger
(NJSA 40:33-7)
• Each county library commission shall have a
majority of members who are residents of
municipalities which support the county library
system
• Three county libraries are county departments
(no commission) as they were formed in
counties with the executive form of government
County Library Commission
(continued)
• There are generally five members
• There may be up to seven members if there is (or
was) a circumstance such that fewer than three
of the five members are/were residents of
municipalities supporting the county library
system
• At least 3 members of a five-member board and 4
members of a seven-member board must be
residents of municipalities supporting the county
library system (citizenship does not appear to be
a requirement)
Board Vacancies
(Municipal, Joint and County Libraries)
• A board vacancy occurs upon a member’s written resignation;
physical or mental incapacitation; death; violation of lawful
residency requirement (at least 4 must be residents); failure
to attend and participate at meetings for a period of 8
consecutive weeks, or for four consecutive regular meetings,
whichever shall be of longer duration (unless due to
legitimate illness); removal for cause in accordance with the
law. (See NJSA 40A:9-12.1)
• Check to see if your municipality has passed a resolution
lowering the requirement to 6 or 7 consecutive weeks and/or
3 consecutive regular meetings.
The Quorum
(Municipal, Joint and County Libraries)
• There are some regulations that define a quorum
as “a majority of the members,” although the
regulations are not specific to libraries. A quorum
for a nine member board is usually five members;
A quorum for a seven member board is usually
four members
• An affirmative vote of the majority of all members
of the board present at the time shall be
necessary to approve any action before the board
• The board may take no action unless in
compliance with the Open Public Meetings Act
Powers of Municipal and Joint
Library Boards
• The board shall hold in trust and manage all property of
the library (NJSA 40:54-12)
• It may rent rooms (for the use of the library), construct
buildings for the use of the library, purchase books, hire
staff, fix their compensation, make rules and regulations
for the government of the library, and do all things
necessary for the maintenance of the free public library
• If the municipality participates in the NJ Civil Service
system, the library board registers as the appointing
authority and appoints someone (usually the director) to
act on its behalf
Powers of the County Library
Commission
• The county library commission shall organize by the election
of a chairman, and shall adopt rules and regulations for the
establishment and maintenance of the county library
• It may hire staff, purchase such supplies and equipment and
incur such expenses as it may deem necessary, accept gifts,
devises, legacies and bequests of property, real and personal,
and hold and use the property and income of the same in any
manner, which is lawful and consistent with the purpose for
which the commission is created
• If the county participates in the NJ Civil Service system, the
library board registers as the appointing authority and
appoints someone (usually the director) to act on its behalf
Roles and Responsibilities of the
Board or Commission
The board is an autonomous body. Its responsibilities
are:
• To hire a competent and qualified library director
• To evaluate the director’s performance every year
• To set written policies to govern the operation, use,
and programs of the library
• Establish a process for planning
• Know local, state, and national laws which affect
libraries
Roles and Responsibilities
(Continued)
• Establish a cooperative working relationship with
officials of the local governing unit
• Fulfill the fiduciary role
• Submit an annual report to the municipality/county,
and to the New Jersey State Library through the
annual NJ Public Library Survey
• Establish, support, and participate in a public
relations program to increase community awareness
of the library and its services
Support for Intellectual Freedom
• Public library is a public forum for ideas
• Support intellectual freedom through up-to-date
policies
• Procedure for challenges – form for reconsideration
of materials
• Acknowledge complaint and follow through with a
written response of the decision
Useful resources to assist:
www.njla.org; www.ala.org
Confidentiality of Library Records
NJSA 18A:73-43.2. Confidentiality of library users' records
Library records which contain the names or other personally
identifying details regarding the users of libraries are confidential and
shall not be disclosed except in the following circumstances: (a) The
records are necessary for the proper operation of the library; (b)
Disclosure is requested by the user; or (c) Disclosure is required
pursuant to a subpoena issued by a court or court order.
NJSA 18A:73-43.1. Definitions
(a) "Library" means a library maintained by any State or local
governmental agency, school, college, or industrial, commercial or
other special group, association or agency, whether public or private.
(b) "Library record" means any document or record, however
maintained, the primary purpose of which is to provide for control of
the circulation or other public use of library materials.L.1985, c. 172,§1
Theft of Library Materials
• State law prohibits the theft or vandalism of
library property (NJSA 2C:20-12 to 15; NJSA 2A:43A-1)
• Post sign to alert patrons
• Appropriate security in place
• Cooperation and good relations with the local
police
• Prosecute when necessary
By-laws
• Regulate internal affairs, dealings with others
and the governance of members
• May not supersede the law
• Should be reviewed annually and updated as
necessary
• Establish standing committees such as budget,
policies, etc.
Board Committees and Board
Officers
• The president serves as ex-officio voting member of
all committees
• No committee or officer of the board including the
president shall have other than advisory powers
unless, by suitable action of the board, it is granted
specific power to act
• A committee should consist of less members than a
quorum if it is to meet in other than open session
• Best practice - committee reports should be written
and conveyed to the secretary for filing
Trustee Education Requirement
• In order to receive any State library aid, all public
libraries must annually certify that a member or
members of the board or commission has or have
received a minimum of seven total hours of libraryrelated education annually
• Relevancy of the education is certified by the library
director and member of the board (usually the
president)
• NJSL trustee training resources
http://lss.njstatelib.org/trustees
Insurance
• Errors and omissions, board liability
– No board member shall be liable for damages unless
actions show reckless disregard for the duties imposed by
the position (NJSA 2A:53A-7.1-7.3)
• Bonding for Board Treasurer (NJSA 40:54-13),
director and those handling funds also called
“Dishonesty Coverage”
• Liability insurance for the public and meeting
rooms, building & grounds (municipality),
collections (library)
• Worker’s compensation
Personnel
• Personnel policies should be written, reviewed
and updated to assure compliance with the
law, including Civil Service regulations
• Have clear policies regarding grievance,
discipline, substance abuse, sexual
harassment, and other employment issues
• Personnel policies should address nepotism as
no State law exists – avoid conflicts of interest
• Newly hired employees must be New Jersey
residents unless exempted (Local Finance Notice 201130)
Annual Reporting Requirements
for Libraries
• The board must submit an annual report to the
NJ State Library (the annual NJ Public Library
Survey fulfills this requirement)
• The board must submit an annual report to the
municipality/county. The report shall detail all
public revenues, all State aid received, all
expenditures and the balance of funds
available. For municipal and joint libraries only,
any excess funds must be identified.
General Laws
Applicable to Government Units
•
•
•
•
Annual financial disclosure
Oath of office for new trustees/commissioners
Annual audit
Spending funds and disposal of public
property
• Government transparency
Disclosure and Oath of Office
• All trustees in NJ, and the director as
appropriate, are required to file (online) an
annual financial disclosure form by April 30th
of each year, or within 30 days of taking office
• Newly appointed trustees take the oath of
office which may be administered by the
board president, mayor, lawyer or municipal
clerk
Library Trustee Oath of Office
"I, ______ do solemnly swear (or affirm) that I will
support the Constitution of the United States and the
Constitution of the State of New Jersey, and that I will
bear true faith and allegiance to the same and to the
Governments established in the United States and in this
State, under the authority of the people and I will
faithfully, impartially and justly perform all the duties of
the office of library trustee of the _____ public library to
the best of my ability. So help me God."
NOTE: NJSA 41:1-6. Every person… permitted to make solemn affirmation or declaration in one of the
following forms, to wit: "I, , do solemnly, sincerely and truly declare and affirm"…the words "so help me
God," at the close of the usual oath, shall be omitted.
Annual Audit
• As part of the general law regarding
government units, all municipal, county and
joint libraries are required to have an annual
audit performed by a registered municipal
accountant
• Association libraries receiving State Aid must
have an annual audit performed by a certified
public accountant
General Local Government Agency
Requirements
• Funding may only be raised as permitted by
law
• Any funding, including gifts, must be spent
according to the law
• Anything purchased with government funds or
received as a donation is government property
and may only be disposed of according to law
• Record retention, including electronic records,
must be maintained according to law
Government Transparency
Open Public Meetings Act (Sunshine Act)
http://hpcpsdi.rutgers.edu/NJHPG/downloads/Sunshine%20Laws.pdf
Open Public Records Act (OPRA)
http://www.nj.gov/grc
Note: Association libraries do not have to comply with the
requirements, but should as a “best practice” if they accept public
funds.
Open Public Meetings Act
• Annual notice of board meetings & schedule
posted to web page, newspaper, and in library
• At least 48-hour notice of meetings of public
bodies if there are changes from the Annual
Notice
• Limited conditions for emergency meetings
• Limited conditions for closed (executive) Sessions
• Post meeting schedule on webpage and in the
library (recommended)
http://hpcpsdi.rutgers.edu/NJHPG/downloads/Sunshine%20Laws.pdf
Government Transparency and
Minutes
• Keep reasonably comprehensive minutes of meetings
showing the time and place, the members present,
the subjects considered, the actions taken, the vote
of each member, and any other information required
to be shown in the minutes by law (NJSA 10:4-14)
• Minutes must be promptly available to the public
(even if only in draft form)
• Minutes must be maintained and available forever
Open Public Records Act-OPRA
• Intent of the law is to provide greater access to public records –
library patron records are exempt
• The agency must reply within 7 business days with the
requested information, without the information if it will take
longer to retrieve it, or with a denial of the request
• Maintain appropriate record retention schedules
• Keep reasonably comprehensive minutes (NJSA 10:4-14) and
make them promptly available to the public
• OPRA requires the agency to provide those agency documents
not restricted by law as confidential to the petitioner
NJ Government Records Council: www.nj.gov/grc
Part 7: Miscellaneous: http://lss.njstatelib.org/library_law
Other New Jersey Laws
• Maintain appropriate documents (electronic
included) according to government record retention
schedules
• Voter registration forms and instructions are to be
displayed and supplied
• Gifts and donations made to the library may be
accepted by the trustees, but the trustees may not
use library funding to give gifts and donations.
• Keep apprised of local regulations and customs
Professional Advice
• Legal counsel - the library board should be
represented by an attorney with knowledge of library
and employment law; best practice is to retain your
own attorney
• Purchasing – seek help from a certified Qualified
Purchasing Agent, or the appropriate State agency
• Annual audit - hire the appropriately trained
accountant for your type of library (RMA)
For Municipal and Joint Municipal
Libraries Only
• NJAC 15:21-12, Municipal Annual Mandatory
Library Appropriation for the Maintenance of
a Free Public Library (1/3 Mill Regulation)
• Clarifies and regulates issues concerning the
minimum appropriation of 1/3 mill including
collection of 1/3 mill by municipality and
expenditure to library trustees, and eligible
and ineligible expenditures
• Clarifies requirements for reports and audits
1/3 Mill Statute
• Requires minimum 1/3 mill funding for
municipal and municipal joint libraries (NJSA
40:54-8)
• Increases from year-to-year are limited to 15%
a year unless the State Librarian approves a
higher amount (NJSA 40:54-8.1)
Income, Expenditures and Audits
• Funding is paid at least quarterly (by the 20th of February,
May, August and November )to the treasurer of the
library board of trustees
• Libraries handling all of their own funding are required to
have an annual audit performed by an RMA
• If all budget appropriations, fines, fees and all other
income of the library are retained in the custody of the
municipal treasurer, the library’s audit may be part of the
municipal audit
• In either case a resolution is required to approve monthly
expenditures and adopt the Bills List
Funding in Municipal Budget
• The account is a special reserved account
• Funds are only disbursed by the municipal
treasurer after approved by the board of
trustees of the free public library (monthly
bills list)
• The trustees memorialize this arrangement
through an annual resolution
Return of Funds
to the Municipality
• NJSA 40:54-15 Requires transfer of municipal
free library unrestricted surplus amounts
above 20% of the most recent available audit
to municipality for its general purposes, which
may include property tax relief
• NJ State Librarian must approve all applications
to return funds
Return of Funds
(continued)
• Plan ahead - Libraries must have a strategic plan; it is
recommended that all libraries have this plan
• Permits libraries to retain funds for capital purposes
and grants; prohibits trustees from transferring
donated funds to the municipality
State Library provides packet of materials at
http://lss.njstatelib.org/library_law
Tax Form Donation
• “Local Library Support Fund” (NJSA 54A:925.37)
• Allows voluntary contributions through
income tax returns for the support of local
libraries
• Further information will be available in
November of 2015
How to keep informed
• New directors and trustees familiarize themselves
with, and occasionally review, all pertinent
Federal and State laws
• Directors read New Jersey State Library
communications pertaining to changes in the law
(njpublibs listserv); keep trustees informed
• Join member organizations such as the New
Jersey Library Association and the New Jersey
Library Trustee Association
• Participate in training offered by NJSL, NJLA,
NJLTA, LLNJ and ALA
• Hire appropriate professionals
NJSL’s Online Resources
• Full text of laws covering each type of public library
(Part 1), State Aid (Part 4), Library Employees (Part 5),
Purchasing (Part 6) and more at
http://lss.njstatelib.org/library_law
• Printable Statutes and Regulations covering the
establishment, operation and funding grouped by type
of library at http://lss.njstatelib.org/director_resources
• Library Director Resources at
http://lss.njstatelib.org/director_resources
• Library Trustee Resources at
http://lss.njstatelib.org/trustees
Resources
• Library director - NJPUBLIBS listserv (closed
list for directors only); NJLA
• Trustees – director’s report; retain appropriate
professionals; NJLTA
• Library staff and general public - NJSL Direct
(information and updates) email
[email protected] (open to all)
• For legislative analysis:
http://njla.org/legislative-updates