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Everything you ever wanted to know about Chapter 43. (Almost). But were afraid to ask. OR,. Everything you to know about Chapter 43. ever wanted. NEED. OR. What I think you need to know. . . : (Today’s agenda). Requirements for libraries to retain system membership.
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Everything you ever wanted to know about Chapter 43 (Almost) But were afraid to ask. . . . SCLS Staff 2007
OR, Everything youto know about Chapter 43 ever wanted NEED
OR. . . What I think you need to know. . . : (Today’s agenda) • Requirements for libraries to retain system membership. • Board powers and duties. • County issues. • (And more. . . . )
But first. . . • Language / Communication burble, beeble, boo? blah, blah, blah
Public Library Assurance of Compliance with System Membership Requirements • Established under the law. • Free for use. • Board membership, length of term, etc. • Board’s exclusive control. • Director 10 hrs/week. (New) (State Annual Report)
Assurance of Compliance(continued) • Board/director/staff relationship. • Municipal authorization. • System agreement. • Maintenance of effort (MoE) 2006. • MoE 2007. • 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) (1) • Municipality may establish library and levy tax to maintain. • DLTCL opinion. • Town must obtain approval from county library board and county board of supervisors.
43.53 (Joint) (1) • 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. Albany, Wisconsin Dells, Marshfield Quiz!
43.57 (County) (1) • 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)
2. Free (for the inhabitants of the municipality) • 43.52(2) • 73 Op. Atty. Gen. 86 (1984) • OAG 30-89
43.52(2) (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. 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) (3) • 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. Quiz! Monroe
43.54 (Board Membership—Municipal) (continued) (3) • 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.” Interesting “wrinkle”!
43.54 (1m) (Board Membership—Joint) (3) • 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.
43.57(4) (Board Membership—Consolidated & County Library Services) (3) • 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.
43.60(3)(County Appointments to Boards) (3) • (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. New—2006
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) Number of loans to residents who live in county (or adjacent county) but outside municipalities with libraries Operating Expenditures Federal Funds Total Circulation X 70% X • 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 Items circulated to that county or municipality 500 X
“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)) Marshfield Quiz!
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!