Dear Colleagues,

As we begin a new year, please remember that the staff members of NJSL are here to serve you. To find a list of contacts by subject, go to

http://www.njstatelib.org/about/staff_contacts/service_contacts/.

Following is some information that I hope you find useful. Some only applies to certain types of libraries, but may be considered a “best practice” for all types.

Best wishes,

Victoria

Trustee Oath and Term (municipal, county and joint libraries)

For many of you, January is the month for the appointment and reappointment of trustees. Attached is information about the oath of office. This is a legal requirement and every county (unless advisory), joint and municipal library trustee must take the oath at the commencement of her/his term of office. It is suggested that this be made a celebratory and public event as the trustees are committing to the important task of faithfully, impartially and justly performing all the duties of the office of library trustee.  

Please also remember throughout the year that the original term ending date must be maintained should a vacancy occur. The law assures that at least one trustee will be appointed each year in a 5-year cycle for municipal and county library trustees, and three in every 5-year cycle per municipality for joint library trustees.

Please see attached for further information regarding these issues.

Annual Report including Return of Funds (municipal and joint municipal libraries)

NJSA 40:54-15 requires every municipal and joint free public library to make an annual report to the chief financial officer of the municipality. One of the items that must be included in this report is the identification of any excess funds that must be returned to the municipality. In order to determine whether or not there are excess funds to be returned, NJSL strongly recommends the following procedure for using the Transfer Calculation Form.

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

·         Fill out the form (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)

·         Present the form to the trustees for their review; the trustees state in the minutes that the form was reviewed by the trustees

·         Submit the form to the municipality and keep 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. 

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.

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.

Trustee Training (all public libraries)

The Trustee Academy Webinar Series by ALA’s United for Libraries is no longer available.

Funding permitting, a Trustee Institute will be held in 2016 to help fulfill the continuing education requirements for that year.  For this year, two archived webinars are available on the NJSL website:

·                     New Jersey Library Law with NJ Associate State Librarian Victoria Rosch

·                     New Jersey Per Capita State Aid with NJ State Library Data Coordinator Bob Keith

Open Public Meetings Act (municipal, county and joint libraries)

Excellent general information at: http://hpcpsdi.rutgers.edu/NJHPG/downloads/Sunshine%20Laws.pdf

Annual Audit (municipal, joint and county 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.