Beyond-Library-Law-by-Michael-Cerone.ppt

law libraries

1. Michael A. Cerone, Jr., Esq.
840 Van Houten Avenue
Clifton, NJ 07013
973-778-1601
Email [email protected]
Beyond Library Law
NJ Library Trustee Institute
September 13, 2014

2. Establishment of Public Libraries
•Municipal Libraries are established by referendum
•Joint Libraries are established by referendum after the
participating governing bodies enter into a joint library agreement
•County library systems are established by referendum with two
exceptions
•Can only be dissolved by referendum
•Association libraries are established according to the Nonprofit
Corporation Act and
•Once Association Library accepts public funds, it must be open
and free to the public at such reasonable hours as are agreeable
to the governing body

3. Organization
Municipal Libraries
Board consists of 5-7 citizens appointed by Mayor directly or
with consent of Council
4 of these must reside in the town
Must be a United States Citizen
May not be an employee of the town or a council person
Mayor and Superintendent of Schools
Alternates
•Five Year Staggered Terms of Office
•Must Start at the Same Time of Year e.g. January 1
•Vacancies are filled for the remainder of term

4. ORGANIZATION
Joint Municipal Libraries
Board consists of 3 citizens appointed by Mayor of each
participating municipality
2 of these must reside in the town
Must be a United States Citizen
May not be an employee of any of the towns or a
councilperson
Mayors and Superintendents of Schools of each town are
members
Alternates
•Five Year Staggered Terms
•Must start at the same time of year e.g. January 1
•Vacancies are filled for the remainder of the term

5. ORGANIZATION
County Libraries
Generally 5 members appointed by freeholders
Five year staggered terms
At least 3 members must be residents of the
municipalities supporting the county library

6. Oath of Office
Written Oath
Municipal and Joint Municipal Libraries
Usually done by the Municipal Clerk
May be done by President of the Board
Must be filed with Municipal Clerk
County Libraries
Filed with County Clerk

7. Attendance
Municipal and Joint Municipal Libraries
If absent for 8 consecutive weeks or 4
consecutive regular meetings, without
excused absence, board can declare office
vacant and notify the Mayor
Mayor and Council, by ordinance, can reduce
the time frame to 6 weeks or 3 meetings
Board has discretion to excuse absences but
must excuse for legitimate illness

8. Officers
Municipal and Joint Municipal Libraries
President, Treasurer, Secretary
One year term and until successor is elected
Statute does not spell out duties of each but By-
Laws can
Bonding
Statute requires bond for Treasurer
Recommend 2 signature checking account and
that all trustees with signing authority be bonded

9. By-Laws
Board should adopt By-Laws
May not override statute
Officers and their responsibilities
Many add VP, but avoid top heavy board
Committee Structure
Building and Grounds
Finance
Personnel
Policy
Parliamentary Authority
–Robert’s Rules of Order Newly Revised Current Edition

10. Powers of Board
Municipal and Joint Municipal Libraries
Purchase Books, Papers, Reading Matter
Hire Librarians
Hire other necessary personnel
Fix compensation of employees
Rent rooms or construct buildings for library use
Adopt rules and regulations
Do whatever is necessary to maintain library

11. Powers of Board
County Libraries
Elect a Chairperson
Adopt rules and regulations for establishment
and maintenance of library
Hire librarians and other necessary personnel
Purchase such supplies and equipment and
incur such expenses as it may deem
necessary to carry out the provisions of the
statute

12. Relationship with Director
Director is your CEO
Establish Job Description/Goals for Director and
Evaluate Director annually
Board has hiring authority –but rely on Director to
Identify the need for a position
Interview candidates and recommend hire
Trustees should not talk to staff about Library
Operations
Staff communicates with the Director and the
Director communicates with you

13. Funding
Municipal Libraries
Municipal Library must receive 1/3 mill
Separate line on tax bill
No longer subject to town’s budget cap
Municipality can appropriate more money
But this will be subject to town’s budget cap
Statute requires the money be paid to the
Library quarterly
DLGS recommends w/in 20 days of tax due date
Regs allow municipality to hold the money in a
library controlled account

14. Funding
Joint Municipal Libraries
Library Trustees must certify the amount needed
If a governing body doesn’t agree, a joint meeting of
the participating governing bodies is called to adjust
differences
Director of Local Government Services resolves any
differences
CFO of one of the municipalities is the disbursing
officer

15. Funding
County Library
Amount set by Freeholders
Must be a minimum of 1/15 mill of equalized
valuation
Not a Separate line on tax bill
County Treasurer is the custodian of funds

16. Eligible Costs vs. Ineligible Costs
Municipal and Joint Municipal Libraries
Eligible Costs –reasonable and necessary
costs incurred in connection with the direct
operation of a free public library to provide
library services.
Ineligible Costs -
Cannot pay rent to the Town
Cannot pay for debt service
Capital Expenses only if written Capital Plan

17. Excess Funds Statute
Municipal and Joint Municipal Libraries
Requires Library to transfer to the
municipality any unrestricted funds in excess
of 20% of last year's audited operating
expenses
For example –If 2013 audited operating
expenses were $100,000 and the Library has
year end unrestricted surplus of $25,000, it
would be required to return $5,000 to the
Municipality

18. Excess Funds Statute
Municipal and Joint Municipal Libraries
Continued
oMust be approved by State Librarian
oDownload the Packet for Proposed Return of
Taxpayer Funds at the State Library website
http://lss.njstatelib.org/library_law
oFunds previously restricted for capital and
donations are excluded from the calculation

19. Excess Funds Statute
Suggestions
oHire your own auditor
oDo not rely on the town’s auditor
oAlways adopt a capital plan
oAdopt a resolution whenever transferring
money into a capital account
oSeparate bank account for donations
oSeparate bank account for capital funds

20. Autonomous
Library Board runs the Library
Not the Mayor or Council
Not the Freeholders
Attorney General Opinion 1959 No. 10
Library Statute excludes any interference by the
governing body with the exercise of the powers
granted to trustees

21. Confidentiality of Library Records
Library records containing names or other
personally identifying details re users are
CONFIDENTIAL and cannot be disclosed
unless:
Necessary for operation of Library
Disclosure is requested by User
Pursuant to court order or court subpoena

22. Sunshine Law
Public Notice of Meeting
At least 48 hours in advance
Notice must give date, time, location and to the
extent known the agenda
Must be posted in a prominent location
Mailed, phoned or hand delivered to at least 2
newspapers which have been designated by the
board
Filed with municipal/county clerk
In lieu of notice for each regular meeting, board
can adopt a meeting schedule at annual meeting
and then provide that schedule as above

23. Sunshine Law
Continued
Emergency Meetings
When you must meet and cannot provide 48
hour notice
Board must adopt, by affirmative vote of 3/4s of
members attending, a resolution stating that the
subject of the meeting was so urgent that a delay
to provide adequate notice would likely result in
substantial harm
Meeting is limited to action on the urgent matter
Must provide notice of the meeting as soon as
possible thereafter

24. Sunshine Law
Continued
Quorum, i.e. majority of board to conduct business
Law does not apply to meetings of less than an
effective majority of the board
Minutes
Must contain the time and place of the meeting,
the members present, the subjects considered,
the actions taken, the vote of each member
Public session minutes must be made promptly
available to the public
Must keep minutes of closed sessions

25. Sunshine Law
Continued
Closed Sessions
Requires a resolution to go into closed session
Collective Bargaining
Litigation/Attorney Client Privilege
Personnel Matters
Rice Notice
Beware of Email/Internet Violations of the Law
Penalties
Injunction undoing action of the board
Knowing violations civil penalty of $100/$500

26. Local Government Ethics Law
Financial Disclosure Statement
Must be filed within 30 days of appointment and
thereafter annually by April 30th
Conflict of Interest
You and your immediate family cannot engage in
any business or activity which is in conflict with
your duties as a trustee

27. New Jersey First Act
Employees hired after September 1, 2011
must reside in New Jersey
New hires have 365 days to establish the
principal residence in New Jersey
Court can enter an order ousting the employee
from the job

28. Civil Service
Civil Service –if your town is a civil service
town, your employees are civil service
If title is ‘classified’ must hire from list
Working test period of 3 months after
appointment to permanent title
May dismiss for unsatisfactory work
performance during the working test period
If employee is dismissed at end of working test
period, employee has the right to appeal

29. Civil Service
Civil Service employees can only be terminated for cause
1. Incompetency, inefficiency or failure to perform duties;
2. Insubordination;
3. Inability to perform duties;
4. Chronic or excessive absenteeism or lateness;
5. Conviction of a crime;
6. Conduct unbecoming a public employee;
7. Neglect of duty;
8. Misuse of public property, including motor vehicles;
9.Discrimination that affects equal employment opportunity
10. Violation of New Jersey First Act
11. Other sufficient cause.

30. Open Public Records Act
• Designed to increase public accessibility to
government
• Broadly defines a government record
• Provides a compliance process via Government
Records Council and Superior Court
• Provides penalties for anyone who knowingly violates
the law
• Provides for attorneys fees for a successful requestor
• Appoint a Records Custodian

31. Local Public Contracts Law
Local Public Contracts Laws
Bid Threshold $17,500/$36,000
Quote Threshold $2,625/$5,400
Library Materials not subject to Bid Threshold
Pay to Play applies to all contracts in excess of
$17,500
Fair and Open Process –sealed bid or sealed RFQ
Non-Fair and Open Process –Contractor must complete
forms in advance of contract award and cannot have
given more than $300 to any candidate or office holder
serving the constituents of the Library

32. Insurance
•Directors and Officers Liability Insurance
•Employment Practices Liability Insurance
•Fidelity Bond
•Liability Insurance
•Hazard Insurance
•Contents and Replacement Cost Coverage
•Worker’s Compensation Insurance
•Unemployment Insurance