Laws Library Trustees Need to Know New Jersey

Laws Library Trustees Need to Know New Jersey Library Trustee Institute September 10, 2016 National Conference Center Holiday Inn of East Windsor, NJ 1

Summary Types of Public Libraries Trustees Oath of Office Attendance/Vacancies Trustee Education Requirement Laws Specific to Libraries Organization/Officers Powers of Board Autonomy/Role of the Mayor Funding Eligible vs Ineligible Costs Excess Funds Confidentiality of Library Records Act 2

Summary Statutes Applicable to all Public Entities Open Public Meetings Act Local Public Contracts Law Open Public Records Act Personnel/Civil Service Local Government Ethics Act FMLA – Family and Medical Leave Act Insurance Q&A 3

Types of Public Libraries Municipal/Joint Municipal Formed by Referendum Trustees County Formed by Referendum (2 exceptions) Trustees appointed by Mayor(s) appointed by Freeholders Association 4

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 5 -7 citizens appointed by mayor 3 citizens appointed by mayor of each member municipality (joint) 5

Municipal and Joint Municipal Library Board Restrictions Appointed trustees must be citizens Not all trustees have to be residents of the municipality Appointed trustees cannot be employees of the municipality (Attorney General Opinion 12/27/2005) 6

County Library Board A majority of trustees must be residents of municipalities that support the county library No requirement that trustees must be citizens 7

Association Libraries are formed and operated pursuant to the Nonprofit Corporation Act - NJSA 15 A: 1 -1 et seq. In accepting municipal aid, must keep Library open at such reasonable hours as meets the approval of the Mayor & Council - N. J. S. A. 40: 54 -35 Unlike Municipal Library, no guarantee of funding and subject to whims of the Mayor & Council Confidentiality of Library Records Act applies to Association Libraries State laws such as Open Public Meetings Act or Local Public Contracts do not apply 8

Oath of Office Trustees Must are required to take Oath be done before you can vote Written Oath Usually done by the Municipal Clerk May be done by President of the Board Must be filed with Municipal Clerk 9

Attendance If absent for 8 consecutive weeks or 4 consecutive regular meetings, without excused absence, board required to declare office vacant and notify the Mayor and Council, by ordinance, can reduce the time frame to 6 weeks or 3 meetings Board has discretion to excuse absences but must excuse for legitimate illness 10

Trustee Education Requirement Necessary to qualify for Per Capita State Aid A member or members of the board or commission has or have received a minimum of seven total hours of library -related education annually (N. J. A. C. 15: 21 -2. 3(a)(2)) 11

Organization Term 5 of Office year terms Staggered Must start at the same time of the year, e. g. January 1 Vacancies are filled for the remainder of the term (N. J. S. A. 40: 54 -10, - 29. 10) Not a new term 12

Officers – Municipal Library President, One Treasurer, Secretary year term and until successor is elected Statute does not spell out duties of each but By-Laws can Bonding Statute requires bond for Treasurer Recommend 2 signature checking account and that all trustees with signing authority be bonded 13

By-Laws Board should adopt By-Laws Officers and their responsibilities Many add VP, but avoid top heavy board Committee Structure Building and Grounds Finance Personnel Policy Parliamentary Authority Robert’s Rules of Order Newly Revised 14

Powers of Board Purchase Books, Papers, Reading Matter Hire Librarians Hire other necessary personnel Fix compensation of employees Rent rooms or construct buildings Adopt rules and regulations Do whatever is necessary to maintain library 15

Autonomous Library Board runs the Library Not the Mayor Not the Council Attorney General Formal Opinion 1959 #10 Library statute excludes any interference by the municipal governing body with the exercise of the powers granted to trustees 16

Role of the Mayor is one vote on the Board Mayor is not the CEO of the Library He/she should not dictate what the Library does Mayor appoints trustees Politics Board is structured to minimize political influence As the appointing authority, Mayor may seek to influence other trustees Cultivate good relations with the Mayor Town Services/Capital Projects 17

Funding Municipal/Joint Municipal Library must receive 1/3 mill Separate line on tax bill No longer subject to town’s budget cap Municipality can appropriate more money But this will be subject to town’s budget cap Statute requires the money be paid quarterly to Library Treasurer Regulations allow money to be kept with the municipality 18

Eligible Costs vs. Ineligible Costs Re 1/3 Mill Funding Eligible Costs – reasonable and necessary costs incurred in connection with the direct operation of a free public library to provide library services. Ineligible Costs - Cannot pay rent to the Town Cannot pay for debt service Capital Expenses only if written Capital Plan approved by BOT 19

Excess Funds Statute Requires Library to return surplus in excess of 20% of last year's audited operating expenses Return of Funds must be approved by State Librarian Donations and Funds previously restricted for Capital are excluded from the calculation 20

Excess Funds Statute - 2 Maintain separate bank account for restricted funds Adopt Capital Plan Adopt Resolutions restricting funds for Capital Purpose and transferring funds to bank account Excess Funds returned to municipality can only be used for tax relief 21

Confidentiality of Library Records Library records containing names or other personally identifying details re users are CONFIDENTIAL and cannot be disclosed unless: Necessary for operation of Library Disclosure is requested by User Pursuant Use to court order or court subpoena of patron Email Opt-in Draft vs. Opt-out and adopt a Privacy Policy 22

Relationship with Director is your CEO Board has hiring authority – but rely on Director to Identify the need for a position Interview candidates and recommend hire Trustees should not talk to staff about Library Operations Staff communicates with the Director and the Director communicates with you Establish Job Description/Goals and Evaluate 23

Open Public Meetings Act (1) Public Policy - public has the right to adequate advance notice of and the right to attend all meetings of public bodies Notice must give date, time, location and to the extent known the agenda At least 48 hours in advance Posted in a prominent location Mailed, phoned or hand delivered to at least 2 newspapers Filed with the municipal (county) clerk In lieu of notice for each regular meeting, board can adopt a meeting schedule at annual meeting and provide notice of that schedule as above except no need to include agenda 24

Open Public Meetings Act (2) Emergency Meetings When the board must meet and cannot provide 48 hour notice Board must adopt, by affirmative vote of 3/4 of the members attending, a resolution stating that the subject of the meeting was so urgent that a delay in meeting to provide adequate notice would likely result in substantial harm. Meeting is limited to action on the urgent matter Must provide notice of the meeting as soon as possible thereafter 25

Open Public Meetings Act (3) Quorum, i. e. majority of the board to conduct business Law does not apply to meetings of less than an effective majority of the board, i. e. commitees Minutes Must contain the time, date and place of meeting, the members present, the subjects considered, the actions taken, the vote of each member Public session minutes must be made promptly available to the public Must keep minutes of closed sessions 26

Open Public Meetings Act (4) Closed Sessions Required to adopt a resolution to go into closed session Resolution must state the time and circumstances under which the closed session discussion must be made public Personnel Matters Rice Litigation/Attorney Client Privilege Contract Negotiations Cannot take action in closed session Beware of Email Violations of the Law Notice Blind cc – Undisclosed Recipients Penalties Injunction undoing action of the board Knowing violations – civil penalty of $100/$500 27

Local Public Contract Law Bid Threshold $17, 500 – no Qualified Purchasing Agent (QPA) $40, 000 – with QPA Quote Threshold (at Least 2) $2, 625 – no QPA $6, 000 – with QPA Library Materials, Professional Services, Insurance among goods/services that are not subject to Bid/Quote Thresholds 28

Pay to Play applies to all contracts > $17, 500 Contracts must be awarded in one of two ways Fair and Open Process – sealed bid or sealed RFQ Non-Fair and Open Process – Contractor must complete Political Contribution Disclosure forms and file them at least 10 days before contract award. In the one year preceding award of the contract, Contractor cannot have given more than $300 to any candidate or office holder serving the constituents of the Library. 29

Open Public Records Act Designed to increase public accessibility to government Broadly defines a government record Employee’s personnel records are exempt but must disclose employee’s name, title, position, salary, length of service Provides a compliance process via Government Records Council and Superior Court Provides penalties for anyone who knowingly violates the law Provides for attorneys fees for a successful requestor Appoint a Records Custodian ? 30

Personnel Manual Adopt a Personnel Policy/Manual Sexual Harassment Policy Affirmative Work Week Meal Breaks Action Policy Vacation/Sick Procedure for calling in sick/request vacation Bereavement Discipline Leave procedures 31

Personnel -Civil Service Ø Ø Ø Civil Service – if your town is a civil service town, your employees are civil service If title is ‘classified’ must hire from list Working test period of 3 months after appointment to permanent title Ø Ø Must provide progress reports If employee is dismissed before end of working test period, employee has the right to appeal 32

Civil Service employees can only be terminated for cause 1. 2. 3. 4. 5. 6. 7. 8. Incompetency, inefficiency or failure to perform duties; Insubordination; Inability to perform duties; Chronic or excessive absenteeism or lateness; Conviction of a crime; Conduct unbecoming a public employee; Neglect of duty; Misuse of public property, including motor vehicles; 9. Discrimination that affects equal employment opportunity 10. Violation of New Jersey First Act 11. Other sufficient cause. 33

Local Government Ethics Law Financial Disclosure Statement Must be filed within 30 days of appointment and by April 30 th each year File electronically Municipal You Clerk will provide log-in/PIN will be fined if you fail to file Conflict of Interest You and your immediate family cannot engage in any business or activity which is in conflict with your duties as a trustee 34

FMLA Family and Medical Leave Act Public Libraries are covered employers regardless of the number of employees Employees must have worked at least 12 months for the employer, but not 12 consecutive months Employee must have worked at least 1250 hours in the 12 months prior to taking leave Employee may take FMLA leave for the following reasons Serious Health Condition of employee or immediate family member Birth/Adoption of Child Must be taken within 1 year of birth/adoption 35

FMLA –Cont’d Employee may take up to 12 weeks of jobprotected leave within a 12 month period Employee must be returned to the same or similar job Leave can be taken in increments If taken on a part-time basis, employee must try to schedule so as to minimize disruption for the employer Employer must keep employee on health insurance Employee will be required to pay normal contributions for health insurance 36

Insurance Directors and Officers Liability Insurance Employment Practices Liability Insurance Hazard Insurance Contents Worker’s Compensation Insurance If covered for replacement value in a JIF what is your retention? Unemployment Insurance If you don’t have it, the state will bill you for benefits paid 37

Michael A. Cerone, Jr. 840 Van Houten Avenue Clifton, NJ 07013 Phone - 973 778 1601 Email - MACJRESQ@VERIZON. NET