Everything You Ever “Wanted” to Know About Chapter 43

SCLS Staff 2010

(Almost)

Everything you to know about Chapter 43 ever wantedNEED

OR (maybe)

But really. . .

We’ll cover: • Requirements for libraries to retain system

membership.• Board powers and duties.• County issues.• (And more. . . . )

What I think you need to know!

But first. . . • Information • Sender • Receiver • Medium

Part I

System Membership Requirements

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.

(State Annual Report)

Assurance of Compliance(continued)

5. Director 10 hrs/week.

6. Board/director/staff relationship.

7. Municipal authorization.

8. System agreement.

9. Maintenance of effort (MoE) 2009.

Assurance of Compliance(continued)

10. MoE 2010.

11. Director certification.

12. Open 20+ hours/week

13. Spend $2,500+ on materials

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)

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

• (3) County service: County board may establish, to serve “county” residents.

(1)

(Adams, Portage Counties)

(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)

• 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)

*

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)

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

• Money.

• Land.

• Building.

5. Director—10 hours/week

• 43.15(4)(c)6

• Present at least 10 hours/week.

• During open hours.

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

• Board hires & supervises (& fires) director.

• Director hires & supervises (& 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)

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

12. Open 20+ hours/week

• 43.15(4)(c)7

• OR. . . (2005)

Quiz!

LaValle

13. Spend $2,500+ on materials

• 43.15(4)(c)8

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

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

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

• DLTCL approval required!

Additionally, for system membership:

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

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

Part II

Board Powers and Duties

Board Powers & Duties(43.58)

• “Exclusive Control.”– Carry over unexpended funds

• Approve expenditures.

• Annual Report.

• MAY retain gifts, donations.

Part III

County “Stuff”

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. • Service to county residents outside

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%

•2009 statistics determine 2011 payments•Some counties pay more than 70%•County budget may include additional funding (Delivery, etc.)

County library tax (43.64)

• Municipalities with libraries may exempt from library portion of county tax.

• If appropriate enough for their municipal library.

• Formula.• Municipal residents aren’t “double taxed.”

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

Part IV

Other Stuff

“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

Mount Horeb

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!

Do they really, really like us?

Statement Concerning System Effectiveness

43.58(6)(c)43.05(14)

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

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

Don’t Worry! —

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

• Refer legal questions to me. – Or DLTCL, if I’m not here. (John DeBacher, Mike Cross)

Questions?

Thank you!