SCLS Staff 2007 Everything you ever wanted to know about Chapter 43 But were afraid to ask.... (Almost)

SCLS Staff 2007

Everything you ever wanted to know about

Chapter 43

But were afraid to ask. . . .

(Almost)

Everything you to know about Chapter 43 ever wantedNEED

OR,

• Requirements for libraries to retain system membership.

• Board powers and duties.

• County issues.

• (And more. . . . )

OR. . . What I think you need to know. . . :

(Today’s agenda)

But first. . .

• Language / Communication

burble, beeble, boo? blah,

blah, blah

Public Library Assurance of Compliance with System Membership Requirements

1. Established under the law.

2. Free for use.

3. Board membership, length of term, etc.

4. Board’s exclusive control.

5. Director 10 hrs/week. (New)

(State Annual Report)

Assurance of Compliance(continued)

6. Board/director/staff relationship.

7. Municipal authorization.

8. System agreement.

9. Maintenance of effort (MoE) 2006.

10. MoE 2007.

11. Director certification.

Plus 2 new requirements

• 2008

• Open 20 hrs/week, or as many as 2005. 

• Spend at least $2,500 on library materials.

Quiz!

LaValle

1. The library is established under

• s. 43.52 (municipalities),

• s. 43.53 (joint libraries),

• or s. 43.57 (consolidated county libraries and county library services).

43.52 (Municipality)

• Municipality may establish library and levy tax to maintain.

• DLTCL opinion.

• Town must obtain approval from county library board and county board of supervisors.

(1)

43.53 (Joint) • Any 2 or more municipalities, or a county

and a municipality within.

• 43.52, 43.54, 43.58 also apply to joint libraries.

• One of the parties must have a library established before May 8, 1990.

(1)

Quiz! Albany, Wisconsin Dells, Marshfield

43.57 (County)

• Consolidated: County board may establish, and may take over existing libraries, with consent of the “authorities controlling those libraries.” – (Adams, Portage Counties)

• County service: County board may establish, to serve the “county” residents. – (Dane County, County Library Boards)

(1)

2. Free (for the inhabitants of the municipality)

• 43.52(2)

• 73 Op. Atty. Gen. 86 (1984)

• OAG 30-89

43.52(2)

• Free for the use of the residents of the municipality by which it is established & maintained.

• Subject to “reasonable regulations.”

• May exclude persons who willfully violate regulations.

(2)

Policies!

3. Board membership complies with statutes

• Appointment, length of term, number of members, & composition.

• 43.54 (municipal and joint libraries).

• 43.57(4) (consolidated county libraries and county library services).

• 43.60(3) (county appointments to boards).

43.54 (Board membership—Municipal)

• Number of members depends on town, village, city (size), county

• No more than 2 nonresidents.

• Appointed by mayor, village president, town chair, tribal chair (or school board chair), and approved by full body.

(3)

Quiz! Monroe

43.54 (Board Membership—Municipal) (continued)

• Staggered, 3 year terms, may be reappointed.• For unexpired terms fill out terms. • School district administrator / representative.• No more than one from municipal governing

body. • Elect president, and “other officers.”

(3)

Interesting “wrinkle”!

43.54 (1m) (Board Membership—Joint)

• 7 to 11 members.

• Representative of populations of participating municipalities.

• Appointed by head of governing body, approved by full body.

• Other requirements, same as Municipal.

(3)

43.57(4) (Board Membership—Consolidated & County Library Services)

• Consolidated: 7 or 9 members

• County Library Service: 7 members

• Appointed by county chair, full board approves.

• School district administrator.

• 1-2 county supervisors.

• Other requirements, same as Municipal.

(3)

43.60(3)(County Appointments to Boards)

• (Optional). • If amount county gives library equals or exceeds

1/6 of the local appropriation—can appoint 1. • If equals or exceeds 1/3, can appoint 2.• If equals or exceeds 1/2, can appoint 3.• If equals or exceeds 2/3, can appoint 4. • If amount equals or exceeds local appropriation,

can appoint 5.

(3)

New—2006

4. Board has exclusive control of:(43.58(1))

• Money.

• Land.

• Building.

5. Director—10 hours/week

• (New)

• 43.15(4)(c)6

• Present at least 10 hours/week.

• During open hours.

6. Board/Director/Staff(43.58(4))

• Board hires and supervises (and fires) director.

• Director hires and supervises (and fires) staff.

• Board determines staff positions and compensation.

7. Library system membership authorized. (43.15(4)(c)3)

• By its municipal governing body (or county board).

• This should be in the establishing resolution.

8. System Agreement (43.15(4)(c)4)

• To participate in system.

• To provide ILL.

• To provide service to any resident of the system area – (can limit attendance at programs)– (can limit remote access to databases) (New)

9 & 10. Maintenance of Effort (MoE) (43.15(4)(c)5)

• Local appropriation only.

• Operating only (not capital).

• At least the average of the previous 3 years.

(A + B + C) / 3

11. Director Certification (43.15(4)(c)6)

• Also see 43.09(1)

• Certified by DPI.

• PI 6.03 spells out the rules. – Based on population. – Initial certification. – Renewal.

Quiz!Brodhead, Pittsville, Portage

What if they don’t comply? (43.18(2m) and (3))

• Letter & timetable to board & director.• Schedule to come back into compliance.

– DLTCL approves.

• If not, SCLS Board hearing. – Sanctions.– Reduce services. – Expulsion.

Quiz!

Additionally, for system membership:

• Library must be in county that is system member. (43.15(4)(c)2.)

• County must:– Adopt plan of service (43.15(4)(b)1).– Maintain MoE (43.15(4)(b)(2) – Have system agreement (43.15(4)(b)(3))

Additional Board Powers & Duties(43.58)

• Approve vouchers for expenditures.

• Annual Report.

County “stuff”

• County payment for library services (43.12).

• County library tax (43.64).

County payment to libraries(43.12)

• Doesn’t apply to consolidated counties.

• For service to county residents who live outside the municipalities that have libraries.

• To libraries by March 1.

• Formula.

County Funding Formula(43.12)

Operating Expenditures

Federal Funds

Total Circulation

X

Number of loans to residents who live in county (or adjacent county) but outside municipalities with libraries

X 70%

•2006 statistics determine 2008 payments•Some counties pay more than 70%•May include additional funding (Delivery, etc.)•2008 first year of payments to libraries in adjacent counties

County library tax (43.64)

• Municipalities that have libraries may exempt from the library portion of the county tax.

• If they appropriate enough for their municipal library.

• Formula.

• So municipal residents aren’t “double taxed.”

(Don’t worry, I won’t tell you this one!)

“Other Stuff”

• Honor cards from adjacent systems (43.17(10)).

• SCLS has agreements with all systems except Milwaukee County.

• Individual libraries can refuse to honor cards from adjacent systems (43.17(11)).

• “Closing the border.”

“Closing the Border”

• To an adjacent system, if the reimbursement from that system (counties, municipalities) is less than “adjusted cost.”

• Adjusted cost:

Operating Expenditures

Federal Funds

Total Circulation X

Items circulated to that county or municipality

500

“Closing the Border”

• If a library refuses to honor cards from adjacent system

• Representatives from the 2 systems must meet annually. (43.17(11)(e))

Quiz! Marshfield

More “other stuff”—Library Records

• 43.30• Records identifying individuals may not be

disclosed.• Exceptions:

– Law enforcement (court order).– Library/System administration. – For ILL.– Parent/guardian of under 16.

• Have a policy!

A bill has been introduced to amend this. (AB 433)

If we had time. . .

• There’s MORE in Chapter 43

• Legal Basis / Definitions

• State Superintendent / DPI / DLTCL

• County Plans

• Resource Libraries

• System provisions– Board size, administrator, annual report, etc.

• And MORE

And MORE (Beyond 43):

• Public Records (19.21-19.37)

• Open Meetings (19.82-19.85)

• Code of Ethics for local officials (19.59)

• Theft of library materials (943.61)

• Child pornography (948.12)

• Not to mention Federal Law. . . .

Keeping Up

• LibraryLaw Blog– http://blog.librarylaw.com– Mary Minow (attorney, consultant, former

librarian, author)

• WLA—Legislation and Advocacy– http://www.wla.lib.wi.us/legis

Still afraid?

• SCLS—Library Law– http://www.scls.info/management/law/state.html

• Refer legal questions to me. – Or Phyllis, if I’m not here. – Or John DeBacher, DLTCL, if neither of us is here.

Questions?

Thank you!