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Library Districts: the Basics … and More

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Library Districts: the Basics … and More Library Districts: The Basics … and More A Colorado State Library Workshop May 10, 2010 General Disclaimer This manual is not intended to serve as legal advice; you should contact an attorney for establishment and other legal advice. Table of Contents Library Districts – General Information Advantages/Disadvantages to forming a Library District 1 Comparison of Municipal, County and Library Districts Things to Consider about Library Districts How Douglas County Libraries Got Created as a Library District in 1990 Getting Started/Organizational Documents How a City or County Creates a Library District Method of Establishment (Quick Guide) Inclusion into an Existing Library District (Quick Guide) Arapahoe Library District (Ballot) E. Cheyenne County Library District (Resolution) 2 Grand County Library District (Resolution) Montrose Regional Library District (Ballot) Penrose Community Library District (Petition) Ridgway Library District (Ballot) Spanish Peaks Library District – Walsenburg (Resolution/ballot) Pro/Con Statement Campaign Resources Fair Campaign Practices Law Link (Title I, Article 45) New Committee Registration form General Outline of Overall Campaign Steps – Douglas County Libraries Timetable for District Campaign – Spanish Peaks Library District 3 Library Campaign Timeline – Elbert County Library District Election Timeline – Montrose Regional Library District Fact Sheet: Arapahoe Library District 2010 Election Calendar Colorado Library Law Colorado Library Law Highlights Basic Principles of Colorado Library District Law Colorado Library Law (Quick Guide) Colorado Library Law, 2010 Other Library Law Sections Highlights o Internet Protection in Public Libraries (Quick Guide) o Interpretations and Issues in relation to HB-04-1004 (Library 4 Filtering Bill) o Privacy of User Records (Quick Guide) o Library Capital Facilities Districts (Quick Guide) o Regional Library Authorities (Quick Guide) o Comparison of Library Districts and a Regional Library Authority (Quick Guide) Library Districts – Related Laws Open Meeting Law (Quick Guide) o Model Executive Session Language (Seter, Vander Wall) o Model Motion to go into Executive Session (Seter, Vander Wall) Open Records Law Local Government Budget Law (See Section 7) 5 Fair Campaign Practices Act (See Section 3) Do’s and Don’ts of Fair Campaign Practices Act TABOR TABOR, Gallagher, and Mill Levies (DOLA) Everything You Wanted to Know about the Gallagher Amendment…but were afraid to ask! So Now You’re a District! Checklist & Sample Documents So Now You’re A District Checklist Checklist of policies Bylaws o Arapahoe Library District 6 o Mesa County Library District o Spanish Peaks Library District o West Custer County Library District Library Director Contract Open Meetings Law (See Section 5) Fiscal Matters – Budget and Audit (See Section 7) District Budget – Resources and Examples Financial Management Manual Local Government Budget Calendar Summary of Local Government Budget Law What You Need to Calculate the Property Tax Revenue Limits Property Tax Revenue Limit Calculations Worksheet Notice of Budget Letter of Budget Transmittal 7 Budget Message Resolution/Ordinance to Adopt Budget, Set Mill Levies, Appropriate Sums of Money Certification of Tax Levies Sample Budgets o Montrose Regional Library District o Pueblo City County Library District o West Custer County Library District Resources and Assistance Resource List Library Districts in Colorado 8 Colorado Public Library Mill Levies Map of Library Jurisdictions in Colorado Colorado Library District Contacts 1 Library Districts – General Information Advantages/Disadvantages to Forming a Library District Comparison of Municipal, County, and Library Districts Things to Consider about Library Districts How Douglas County Libraries Got Created as a Library District in1990 ADVANTAGES TO FORMING A LIBRARY DISTRICT Funding is secured directly from library users rather than competing with other city or county departments. Funding is relatively stable – based on property taxes, not sales taxes. Because funding is more stable, so is the consistency of the planning process. Autonomy, greater independence in decision making, greater focus on library services, greater freedom from political infighting. A single purpose district has greater tax-payer accountability and organizational focus. Unspent dollars can be retained for future years. No “use it or lose it.” Generally speaking, library districts tend to be better funded than other public libraries. DISADVANTAGES TO FORMING A LIBRARY DISTRICT New costs, such as building insurance, facilities maintenance, legal fees, personnel administration, and technology management. Adherence to state budget regulations – learn a new set of rules, pay for your own audit, etc. State budget limits and constitutional limits such as “TABOR” and “Gallagher” apply to library districts directly. Mill levy increases depend on election campaigns. The transition year is difficult, requiring a large board and staff commitment – setting policy, legal advice, education, etc. Then step back!! Nobody to blame but yourself! It requires a cultural shift from “Blame it on the council or commission,” to “WE are responsible.” Advantages and Disadvantages September 2004 COMPARISON OF MUNICIPAL, COUNTY, AND LIBRARY DISTRICTS MUNICIPAL LIBRARY COUNTY LIBRARY LIBRARY DISTRICT Least amount of autonomy. If the Degree of autonomy is up to the Highest degree of autonomy. Library municipality is “home rule,” the county commissioners. Unless the district are political subdivisions of the municipal charter generally calls for an county is “home rule,” Colorado state. Colorado statutes apply. advisory library board. statutes apply. Funding comes most often from County libraries sometimes have a Funding comes from a set mill levy municipal general funds (sales tax) and voter approved mill levy separate from passed by the voters. The mill levy can fluctuate year to year based on the rest of the county mill levies and fluctuates as property values rise and other needs of government. sometimes not. If the ballot question fall. specified a mill levy, that is the amount to be imposed by the county. Funding comes from taxes raised by Property tax is the principal source of Property tax is the principal source of the municipality. Sales tax is often the funding. funding; although, as a separate taxing principal source. entity, library districts are entitled to a portion of specific ownership taxes (CSOTs) collected by the county. Increases in the library budget Library board recommends adoption The library board adopts and allocation are determined by the and appropriation of the budget to the appropriates its own budget. municipal government. Commissioners (subject to ballot question language if there is one.) The library board controls how to spend it. TABOR limits apply to the city who TABOR limits apply directly to the The Colorado Court of Appeals has then decides how to apply it to library’s budget if the library’s mill levy found that TABOR limits apply to the departments. The library is usually a is separate, and to the county if it is not library district budget directly. municipal department. separate (subject to ballot question language if there is one.) Library board may request to be on the ballot for capital or other needs. Upon Library board may request to be on the Upon request, county must place a request, county must place question on ballot. question on the ballot. ballot. Comparison of Municipal, County and Districts – May 2010 1 COMPARISON OF MUNICIPAL, COUNTY, AND LIBRARY DISTRICTS MUNICIPAL LIBRARY COUNTY LIBRARY LIBRARY DISTRICT Library board responsibility and The library Board’s powers and duties The library board’s powers and duties decision making authority is often are specified in the “Library Law” CRS are specified in the “Library Law” CRA unclear. Municipality appropriates 24-90-109. The county appropriates 24-90-109. The library board funding. Library board has decision- funding. In some cases, even if there appropriates its funding and has full making authority only in areas is an agreement, board authority is still governing and decision making authority authorized by the municipality. unclear. for the library. Staff members are employees of the Library law provides that the library can Staff member are employees of the city. The city’s wage, benefit, and employ staff and set compensation. library district. The board sets policies personnel policies apply. Some libraries have an agreement with and compensation. The board may their counties to delegate some or all secure staff benefits itself, or contract of personnel administration to the with the county or another entity for staff county. benefits. Buildings and equipment are leased or In some cases, libraries own or lease Library board typically leases or owns its owned by the municipality. library buildings. In other cases, building(s) and is responsible for the buildings belong to the county. maintenance, repairs and insurance (sometimes leases.) Buildings and grounds are maintained Most county libraries must maintain and repaired by the municipality. their own buildings and grounds. Library district maintains and repairs building on its own or by contract. The municipal attorney’s office The county attorney’s office provides provides legal assistance to the library. legal assistance. The library board contracts for legal assistance. Library and board insurance is
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