Hi, all.

Please take a moment to review the following information.

Best wishes,

Victoria

Library Laws arranged by type of library (all public libraries)

At http://lss.njstatelib.org/director_resources under Public Library Law Digests you will find the laws that govern association, county, joint and municipal libraries. They are current and formatted for easy printing. For a complete list and index of New Jersey library laws as well as the full text of the laws, go to http://lss.njstatelib.org/library_law.

Annual Audit (all public libraries)

As part of the general law regarding government units, all municipal, county and joint libraries are required to have an annual audit.  Municipal, joint and county libraries must have an audit conducted by a registered municipal accountant. Association libraries may have an audit conducted by certified public accountant.

NJSA 40A:5-4, Annual audit required, requires that a copy of the audit be sent to:

Director of the Division of Local Government Services

Department of Community Affairs

PO Box 803

Trenton, New Jersey 08625-0803

Attn: Tina Zapicchi

tzapicchi@PROTECTED

In some cases all budget appropriations, fines, fees and all other income of the library are retained in the custody of the municipal treasurer in an account reserved for the library and disbursed by the municipal treasurer after approval by the board of trustees of the free public library.  If the municipal audit includes a thorough audit of the library’s finances, the library need not conduct a separate audit as long as the municipal audit has been filed with Local Government Services.

Per Capita State Aid and free access to the Internet (all public libraries)

For PCSA purposes, NJAC 15:21-2.5, 2C 1(d) states that "Each library shall provide the public free access to the Internet all hours the library is open." The language of PCSA allows for no exclusions. Unless a library has a compelling reason due to a person's misuse of the Internet, there is no reason to bar Internet access. Of course if demand is greater than the computers available, time limits may be necessary for all users.

As a reminder, if the library's policy will restrict access to library materials and resources to an individual,  an attorney should be consulted to assure that the policy is legally defensible and carefully targeted to the behavior.

Return of Funds (municipal and joint municipal libraries)

Regarding the Transfer Calculation Form, NJSL highly recommends that:

·        a new form be obtained from the website annually (in case there have been any changes)

·        the form is filled out (electronically as it has formulas embedded)  as soon as the auditor completes the annual audit (required by law) and the trustees accept the audit (Line 10 is based on the most recent audit)

·        the form is presented to the trustees for their review, and the trustees state in the minutes that the form was reviewed by the trustees

·        the form is submitted to the municipality and kept on file at the library whether Line 21 is zero or not

·        if Line 21 is not zero, the trustees begin the Return of Funds application process immediately

Updated instructions, forms and FAQ regarding the mandatory Return of Funds process may be found at the top of http://lss.njstatelib.org/library_law. The direct link is Packet for proposed return of taxpayer funds.  As a reminder, this law only applies to municipal and joint municipal libraries.

1/3 Mill Regulation (municipal and joint municipal libraries)

It would be beneficial if all municipal and joint municipal library directors read it every now and then. It contains lots of good information about laws that must be followed. It is also very useful for the auditor, lawyer and trustees to be advised of any pertinent parts. The complete text of the law may be found at http://lss.njstatelib.org/director_resources under Public Library Law Digests. The direct link is Maintenance of Municipal and Joint Public Libraries.

Confidentiality of library records (all public libraries)

NJSA 18A:73-43.1. Definitions

For the purposes of this act:

a. "Library" means a library maintained by any State or local governmental agency, school, college, or industrial, commercial or other special group, association or agency, whether public or private.

b. "Library record" means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.L.1985, c. 172, § 1.

NJSA 18A:73-43.2. Confidentiality of library users' records

Library records which contain the names or other personally identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstances:

a. The records are necessary for the proper operation of the library;
b. Disclosure is requested by the user; or
c. Disclosure is required pursuant to a subpoena issued by a court or court order.

L.1985, c. 172, § 2.

Victoria Rosch

Deputy State Librarian for Library Support Services

vrosch@PROTECTED 

609.278.2640 ext.157