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Increasingly, public and association libraries are approaching school districts to have the school district place a resolution for funds on the ballot at a school district election. These resolutions provide an opportunity for voters in the school district to decide whether or not to tax themselves for a public or association library. To assist libraries and school districts, the New York State Education Department, Division of Library Development has prepared the following general information based on Education Law and Regulations of the Commissioner of Education.
A free association library is established by a group of private individuals to serve "all the people in the community in which the library is located." (Ed Law, §253[2]). A "public" library is established by a village, town, city, county, school district, or special state legislation. (Ed. Law §255[1]). Once established, all libraries are expected to provide the same basic services and must meet Education Department minimum public library standards. All chartered and registered public and association libraries are under the authority of the Board of Regents and may receive funds authorized by the voters of the school district.
The library board should ask the applicable Board of Education to place a proposition on the school district ballot. The library board should prepare a valid petition to put the matter on the ballot. The Board of Education must honor the request and place the library's funding proposition on the ballot. A budget proposition, which has been properly submitted, must be presented to the voters. (Ed. Law §259 [1])
Yes. Even though they usually have a budget and staff much smaller than the local school district, public and association libraries are corporate entities chartered by the Board of Regents and registered by the Commissioner of Education.
No.
Yes. For association libraries, it is at the discretion of the school district, and a special district election may be held at a time and place designated by the school district. (Ed. Law §2006, §2007). If the vote is held in the library, it must be administered by the school district.
A school district public library may hold their vote at a time and place separate from the school district. If held separately, the vote must be held between April 1 and June 30. The library may incur costs for requesting a vote separate from the school district election. This should be discussed at the local level between the school board and the library board. (Ed. Law §259 [1]).
No. These tax moneys must be kept separate and must be paid to the treasurer of the library board "upon the written demand of its trustees." (Ed. Law, §259[1])
No.
No. Library funds appear as separate lines on the ballot. (Ed. Law, §259[1])
No. Once the proposition has been accepted by the voters of the district, it is "considered an annual appropriation until changed by further vote." (Ed. Law, §259[1])
Yes. If a library vote for an increase is defeated, the appropriation reverts to the amount last approved by the voters, since the appropriation is "… considered an annual appropriation until changed by further vote..." (Ed. Law, §259[1])
For specific advice on a particular library question, contact the attorney for the library. For general information, contact the public library system in your region. The Division of Library Development staff can refer you to the public library system in your region and give further assistance as necessary. If you need information on how to do this, contact: The University of the State of New York, The State Education Department, New York State Library, Division of Library Development, Cultural Education Center, Room 10B41, Albany, NY 12230-0001: (518) 474-7890
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