Submission Date:
Question:
We are a school district public library. Can the school require the library to be part of its budget vote if the library desires to be separate from it?
Answer:
School district libraries are one of the 5 “types” of public library (the others are: association, Indian, municipal, and special district).[1]
Each type of public library can be supported by a tax levy approved by the voters of a school district, but at school district public libraries, the voters also elect the library trustees.
Unlike the other library types, the law gives school district public libraries a lot of authority to determine how these votes are conducted. A school district library board[2] can decide to hold its own election and referendum, or, if the library board decides not to do so, the district must include the vote as part its annual meeting (the library items are part of a separate ballot).[3]
A school district public library board can also decide to hold a re-vote if a budget referendum fails (no matter who conducts it).[4]
This flexibility under the law gives school district public libraries a dazzling array of tactical options:
- Conduct their votes before their school district does (but after April 1);
- Use the option to have their school district hold the vote(s) as part of the district’s annual meeting;
- Conduct their election and referendum after their school district does (but before July 1);
- Keep in mind the option to re-submit a budget in the event of defeat.
There are countless motives for choosing any of the above models.
For a school district public library board and school district that are tightly aligned, the most economically efficient option might be to do everything together.[5]
That said, many school districts politely ask (they can’t require) a school district public library to hold a separate process, because they don’t want the voters to confuse the library budget with a school district money-grab. There can also be concerns about confusion as to who is running for which board.[6]
On the flip side, a school district public library may want to separate itself a bit from its district… or not. Every district and library are different, and of course, these factors will change over time.
So, to reiterate the question: Can a school require the library to be part of its budget vote if the library desires to be separate from it? No—in fact, it is the school district public library who can “require” the school district to hold the vote.
Ideally, there is no “requiring” going on. Within the framework of the Education Law, a school district library board and school board should have a solid working relationship to identify the best approach for the library, the school system, and most critically, the people in the served area. A memorandum of understanding or other recital about how the two boards discuss elections in advance is a good idea, since leadership will change over time, and there are many pressures on the process.
Thank you for an important question.
[1] There are also libraries coupled with museums (that model is on the wane) and “joint” municipal public libraries… the options are endless. It is one of the reasons I enjoy working with libraries! There is almost always a cool legal twist.
[2] I have to keep repeating “school district public library” because in Library Land, “SDLP” can also mean “special district public library.” I toyed with giving school district public libraries a nickname, like “schoolies,” but that just sounds silly. So, we’ll just be long-winded and precise, which is what being a lawyer is all about.
[3] New York State Education Law 260(7) – (9).
[4] New York State Education Law 260(9).
[5] However, a school district public library hosting its own vote does not have to hold that vote in each election district of the school district, which can be a cost-saver [see Education Law § 260(11)].
[6] Let’s face it, the average person does not go to sleep fretting about who will be their library trustee. This is of course a shame, and the world will be a better place when every person has this on their list of anxieties.
