Hi, all.

Following is a compilation of some new items from 2013 and other information you may find of use.    

Best wishes,

Victoria

Civil Service  

Three things have changed for the Civil Service Librarian titles.

·         The Civil Service Commission recently consolidated Librarian titles

·         CSC made the entry level Librarian title noncompetitive as of 7/27/2013

·         Title language has been changed to reflect the 21st Century skills required of librarians in today’s environment.

FYI: Active titles grouped by type may be found at http://www.state.nj.us/csc/seekers/about/categories/occp_professional.html. For example, information technology titles are grouped under Information Processing Systems.

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.

Fines and Fees (municipal and joint municipal libraries)

The following laws permit trustees to collect and spend library fines and photocopy fees.

N.J.S.A. 40:54-17. Fines expended for library purposes

The board of trustees of the free public library may use and expend for library purposes all moneys received from library fines and shall account for such receipts and expenditure in the same manner as is required as to funds appropriated to the board of trustees by the governing body of the municipality.

Amended by L.1969, c. 295, § 1.

N.J.S.A. 40:54-17.1. Moneys from operation of photocopy machines

The board of trustees of a free public library may use and expend for library purposes all moneys received from the operation of photocopy machines within the library and shall account for the receipts and expenditures in the same manner as is required for funds appropriated to the board of trustees by the governing body of the municipality.

L.1983, c. 70, § 1.

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.

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.

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.

Webpage content and publicly funded agencies (all public libraries)

NJSL has been advised by the Division of Local Government Services that  libraries are not within the universe of entities referenced in P.L. 2011, c.167, the authority website law (C.4:24-20.1 et al.).  This law only covers those entities that submit their budget to the Division of Local Government Services under Local Finance Board rules. 

While libraries are not included in this legislation, it is highly recommended as a best practice that each library voluntarily comply and publish the items listed below.

a. a description of the mission and responsibilities

b. the budget once adopted for the current and immediately two prior fiscal years

c. the most recent Annual Financial Report

d. the annual audit for the most recent and immediately two prior fiscal years

e. rules, regulations, and official policy statements deemed relevant by the board to the interests of the residents

f. notice, posted pursuant to the “Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), of a meeting of the board of supervisors, setting forth the time, date, location, and agenda of the meeting

g. the approved minutes of each meeting of the board including all resolutions of the board and its committees for the current fiscal year. The approved minutes of meetings for at least three consecutive fiscal years shall be available on the website or webpage

h. the name, mailing address, electronic mail address, if available, and phone number of every person who exercises day-to-day supervision or management over some or all of the operations of the district

i. a list of attorneys, advisors, consultants, and any other person, firm, business, partnership, corporation, or other organization which received any remuneration of $17,500 or more during the preceding fiscal year for any service whatsoever rendered to the district.

There have been questions raised about the problem of posting an agenda online that may change between the time of posting and the actual meeting. It may be appropriate to advise the public that the agenda is tentative and items may be deleted from or added to the agenda prior to the meeting. Providing the public with a contact person regarding additions and deletions to the agenda is recommended.

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.

Affordable Care Act (all public libraries)

Following is a compilation of information from various sources regarding the Affordable Care Act. Some of the information applies only to larger libraries, and some applies to all libraries (including association libraries). Please note that this is only offered as a starting point and for informational purposes only. You will want to consult with the appropriate professionals for definitive advice.

ACA notice to employees of coverage options

This notice is required for employers (including association libraries) who offer a health plan to some or all employees regardless of the number of employees that the library employs.  If the library issues paychecks and W-2’s it should have disseminated an ACA notice to its employees by October 1, 2013.  If the municipality/county issues paychecks and W-2’s for the library, library employees should have received this form from the municipality/county.  For employees hired after October 1, 2013, the employer must provide notice within fourteen days of the new employee's first day on the job.

A sample form and further information may be found at http://www.dol.gov/ebsa/healthreform/  and http://www.njslom.org/letters/2013-0903-Affordable-Care-Act.html).  

Determine whether you are a large or small employer

If the library employs at least 50 full-time* employees, a library representative should discuss the ACA with the library’s lawyer, labor lawyer if union and with the library’s broker or insurance consultant.

* For a rough calculation add employees who work an average of at least 30 hours per week to full-time equivalent “employees”.  For an exact calculation, see http://www.irs.gov/pub/irs-drop/n-12-58.pdf.

Information broken down by size of employer is available at http://www.sba.gov/healthcare.  Note that libraries are covered by the Fair Labor Standards Act

http://www.dol.gov/whd/regs/compliance/whdfs7.htm.

Victoria Rosch

Deputy State Librarian for Library Support Services

vrosch@PROTECTED 

609.278.2640 ext.157