Library Laws You Need to Know Patricia Tumulty

Transcript:Library Laws You Need to Know Patricia Tumulty:
Library Laws You Need to Know Patricia Tumulty Executive Director of the New Jersey Library Association & New Jersey Library Trustee Association and Victoria Rosch Deputy State Librarian for Library Support Services New Jersey State Library 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 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