Public Policy 101
10 AM – 3:30 PM Friday, December 4, 2015
Monroe Township Library
Statutory and Regulatory Oversight
A Brief Introduction
Primary Sources of Regulation
New Jersey Statutes
For Establishment and Operation of Public Libraries
N.J.S.A Title 40: Municipalities & Counties
New Jersey Regulations
For State Aid Requirements, Service Standards
N.J.A.C. Title 15: State
Four Types of Public Library Governance in New
Jersey
County 14
Joint 5
Association 45
Municipal 234
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)
(NJSA Title 40: Municipalities & Counties)
NJ Library Law – Resources at the New Jersey State Library
http://www.njstatelib.org/services_for_libraries/resources/library_law/
Includes relevant
state statutes and
regulations (N.J.A.C.)
Includes relevant
state statutes (N.J.S.A)
and
regulations (N.J.A.C.)
NJSL
Resources for Library Directors
And Library Trustees
General Laws
Applicable to Government Units
• Annual financial disclosure
• Oath of office for new trustees/commissioners
• Annual audit
• Spending funds and disposal of public property
• Government transparency
Purchasing Requirements
Excellent information for any purchasing questions may be found at the
Department of Community Affairs Division of Local Government
Services webpage on Local Public Contracts Law:
http://www.state.nj.us/dca/divisions/dlgs/programs/lpcl.html
See also: Part 6: Purchasing at http://lss.njstatelib.org/library_law
Note: Association libraries do not have to comply with purchasing requirements, but
should as a “best practice” if they accept public funds.
Government Transparency
Open Public Meetings Act (Sunshine Act)
http://hpcpsdi.rutgers.edu/NJHPG/downloads/Sunshine%20Laws.pdf
Open Public Records Act (OPRA)
http://www.nj.gov/grc
Note: Association libraries do not have to comply with the requirements, but should as
a “best practice” if they accept public funds.
Local Oversight
• Municipal - Governed by Library Board of Trustees
Service agreements and shared responsibilities with
municipality can lead to gray areas
• County – Generally governed by Library Commission
• Schools – Governed by Local Board of Education
• Academic – Governed by Institution
Federal Oversight
• There is little in terms of federal regulation specifically regarding the
provision of library service
• There are federally regulated programs that may impact – such as Erate services and internet protections for children
• There are federal regulations on copyright, broadband, etc that may
pertain to services and activities
• There are federal protections and case law regarding free speech
• Attempts are being made to include school libraries within federal
education standards
How to keep informed
• New directors and trustees familiarize themselves with, and
occasionally review, all pertinent Federal and State law
• Directors read New Jersey State Library communications pertaining
to changes in the law (njpublibs listserv); keep trustees informed
• Join member organizations such as the New Jersey Library
Association and the New Jersey Library Trustee Association
• Participate in training offered by NJSL, NJLA, NJLTA, LLNJ and ALA
• Hire appropriate professionals
Minimum 1/3 Funding
• Public libraries in New Jersey are established by a referendum of the
voters, per N.J.S.A. 40:54-1 et seq.
• With the referendum, public libraries receive a dedicated minimum
amount of funding to operate each year. Public libraries are not mandated
by state government but rather created by the people.
• The statute that sets minimum funding for joint and municipal libraries at
one third of a mill has been in place since 1884.
• Legislation passed in 2010 requires this funding to be presented to
taxpayers in a transparent way on your tax bill.
Minimum funding for the library per New Jersey Statute,
N.J.S.A 40:54-8
• The minimum funding statute for joint and municipal libraries (N.J.S.A.
40:54-8) sets the minimum funding rate at 33 cents on each $1,000 of
equalized value of all assessable property in the town.
• This minimum funding amount is the total of what your local municipality
must, at minimum, allocate in its budget, according to the law
• Any funding for your library above the minimum funding level will not be
listed separately on your tax bill, but will remain part of the municipal
budget. These additional funds are subject to the 2% levy cap
Equalized Valuation
• Equalized valuation is the true value of real property within a local taxing
district, computed from the aggregate assessed valuation and actual sales
of property, and used to distribute equitably State school and library aid,
apportion county taxes, and measure municipal debt limits
• One-third mill is the equalized valuation times .000333333
• The State Library posts a spreadsheet every October which gives the
equalized valuation and shows the minimum amount of local aid that the
library must receive from the municipality for the next year to be in
compliance with the law. The Department of Community Affairs also
publishes the information every October.
More on Equalized Valuation (It’s Complicated)
• The principal part of the work of equalization lies in determining the aggregate
true value of all real property in each of the state's 565 taxing districts. The
assessment-sales ratio program involves a comparison of the sales prices of
parcels of real property which have been sold with the assessed values of these
properties.
• This figure is established by a program of assessment- sales ratio analysis.
Procedures of sales data collection and analysis have been developed by the
Property Administration Branch of the Division of Taxation but the success of the
process requires the cooperation of every county board of taxation and every
local tax assessor.
• Equalization is the leveling process by which aggregate assessed values of real
property in a taxing district are brought to true value and that the true value
assigned to an entire municipality is fair and just
It’s Really
Complicated
But this minimum funding is critical
• It establishes a base level of commitment to investment in library
services, as approved by the voters
• It is unique to New Jersey
• It is “self-correcting”
• It is not ideal – but offers some protection and buffer – and NJLA is
fiercely protective of the minimum funding
• NJLA has studied the issue several times over the years to seek more
stable funding for New Jersey’s public libraries