Resources: Public Library District Toolkit: Strategies to Assure your Library’s Legal and Financial Stability: Public Library Districts

Why Consider Public Library Districts?

In 2000 the New York State Board of Regents recognized the concept of “public library districts” as the best approach to assure the continued viability of the public libraries in our state. Though creating a district is often quite complex and always takes great effort, the long term health of your institution is your responsibility. Below is a brief summary of why this effort will assure your community quality public library service for decades ahead.

Stabilizing & Sustaining Funding for the Library

Statistical data show that libraries that have a public vote on their trustees and their budgets are better funded than those that don’t [3]. Though funding levels should be determined by local needs, it is recommended that libraries collect information on the level of tax support received by similar-sized and type libraries to help determine an appropriate and equitable amount to request through a public budget referendum. This comparison information can be found through the State Library’s database.

Meeting the Needs of Your Community

Libraries that have sustainable, reliable funding are better able to meet the needs of their communities by offering essential, customer-focused, professional library services in safe and healthy facilities. The more people find library services responsive and relevant, the more they use library services; the more likely they are to vote to increase library funding. This “cycle of success” is what every library should strive for. The ability of a public library district to raise operating revenue though a direct public vote contributes greatly to its ability to meet the needs of their community.

Funding obtained through a public vote is not subject to the unpredictable variations that come with municipal directed appropriations, fundraising and endowment interest. For example, a town board can reduce its appropriation to the library at any time, but funding determined by a public budget vote, once approved, remains steady until the library requests an increase through another vote. By eliminating the uncertainty of annual funding levels a board can focus on good governance that produces quality library services for the community.

Increased Autonomy

Library boards elected by the public have more control over library operations than those who are appointed by town or village boards. The library becomes completely autonomous and separated from the political environment of the municipal government.

Accountability

Libraries that have their trustees and budgets approved by a public vote are much more accountable to the public. Communities have more ownership of their library and are more inclined to use its services and find the institution trustworthy.

Simplified Funding

A public vote on the library budget provides a simplified funding stream that can ensure the basic operations of the library are secured. This means of raising funds reduces the need to obtain funding from multiple sources such as a municipality, fundraising, grants just to keep the doors of the library open.

Elimination of "Unserved" Populations & Equalizing Investment in the Library

Many libraries serve patrons living outside their chartered service area (“unserved”) that do not support the library at the same level as those the library is chartered to serve. In many instances libraries receive no support from such “unserved” areas. Creating library districts has the potential to equalize support of the library and eliminate pockets of “unserved” populations that are not paying their fair share for library services.

Bonding Authority

The boards of public library districts have the ability to place bonding propositions on the ballot for capital projects such as building renovation and purchasing computer equipment. This greatly enhances the ability of libraries to expand and renovate their facilities.

Board of Regents Policy

The New York State Board of Regents, which oversees library services in New York, has adopted a formal policy that encourages libraries to become public library districts. This policy is based on recommendations of the Regents Commission on Library Services.

Experience of Those Who Have Done It

Since 1999, nearly 60 new public library districts have been created within New York State. Libraries that have undergone the transition are a good source of information on the process and the benefits achieved by creating public library districts.

3. New York State Regents Commission on Library Services (Appendix G)

Where to Start

If your library is considering a transition to a public library district, follow these steps:

1. Determine the status of your library.

Before embarking on a process to change the governance structure or funding mechanism for any library, it is important to have a complete understanding of the library’s current legal status. You can determine the status of your library by consulting with your public library system who will clarify any questions with the New York State Library's Division of Library Development . Both these entities have copies of your library’s charter file and background information on the historic development of your library. These documents can be a wealth of information for libraries seeking to track changes in their legal status over the years.

More information on the various types of public libraries in New York State and their primary characteristics.

2. Update the library’s long-range plan.

New York State Minimum Standards for Public Libraries require that each library has a “community-based, board-approved, written long-range plan of service developed by the library board of trustees and staff.” This is a critical step before the library embarks on any effort to create a public library district.

While there are a variety of ways to develop a long-range plan, a successful planning process often includes the following steps:

Develop a board vision. Have a conversation at a special planning meeting to discuss the hopes, dreams, and concerns for the future of the library.
Assessment. Identify usage trends through library circulation, program and technology data. Comparing the library to others with similar budgets or service populations can be a useful planning activity as well. The New York State Library provides a compilation of financial and service statistics.
Gather input from the community. Talk to the community. Use a combination of focus groups, surveys, and interviews with community opinion leaders to get a broad amount of input, from both library users and non-users, which will help the board to identify community trends, aspirations, and priorities. This is an outward-looking activity asking the community what their aspirations and priorities are for their future rather than user opinions on library services.
Analyze what was learned. Identify the library’s strengths, weaknesses, opportunities, and threats.
Assess the library’s capacity to move forward in the areas of:
- Personnel
- Finance
- Facility
- Policy
- Partnerships
- Governance
- Marketing & Public Relations
- Measurement & Evaluation

Through these five steps, the board and staff will have the information they need to create and write a solid plan and financial projections for the future of the library.

3. Review Public Relations & Marketing Reach.

Honestly assess your reputation in the community you serve and the reach of your public relations (PR) efforts. Often, libraries may find they are only talking to a fraction of their users which can perpetuate stagnation and denial about how a library is meeting the needs of their community and the reach of PR channels. A survey, which does not have to be extensive, can help you understand the depth of feeling within the community about the library; provide ideas for things the library can do to broaden its appeal to the public; and most importantly, help establish a rationale for pursuing additional tax support. Your library’s advocacy campaign can use these survey results in support of the library budget vote. A deliberate and honest assessment of PR efforts is needed- from your newsletter to your annual report to the community to social media to whether or not, and how far, good word-of-mouth is spreading in the community about your institution. Early acknowledgement that many taxpayers may be aware of what your library has to offer and why you offer such services can greatly impact your educational and advocacy campaigns for the better. This can also help prevent “shouting into the void” during the campaigns to ensure you are investing your PR dollars where they will have the most impact.

4. Consider enlarging the library’s service area and/or merging with neighboring libraries.

This is an opportune time to consider expanding the library’s formal chartered service area to incorporate areas around the library that are unserved by any library or paying less than their fair share for library services. It is also a good time to consider consolidating services or merging with other libraries that may be nearby. Instead of two or more underfunded libraries serving small areas of population, it may be advantageous for two or more libraries to merge into a single library unit with multiple branches and a reasonable budget. Consult with your library system and Division of Library Development about any change in service area before going forward.

5. Select the appropriate public library district model.

The library board must determine the model best suited to the library based on a full discussion of the advantages and disadvantages of each model, their knowledge of the community, the results of the community survey, and the library’s long-range plan. In selecting its preferred model, a library should consider all options.

6. Develop a timeline and an implementation plan to achieve the model selected.

These will include the "how to" steps for implementing the selected public library district model. It is strongly recommended that the library board have a full understanding of the entire process for creating a new library district, especially the true costs of operating a healthy and sustainable library, steps after the vote to create the new district, dissolve the existing library and transfer assets to the new district. The library board should retain legal counsel, establish an implementation committee and timetable, and select a committed and dedicated person to lead the effort. The library board must play a lead role in the process, with library staff providing assistance where appropriate.

The library should develop a public education plan that identifies the steps needed to educate the public on the value of the library and the reasons for voting for the proposition. The plan should also identify any organized opposition effort that may arise during the campaign as well as a strategy to counter the opposition. For more information on campaigns visit the Education and Advocacy Campaign section of the guide.

7. Assess your chances for a successful outcome.

The process of transitioning to a public library district or obtaining passage of a funding proposition on a public ballot requires a firm commitment on the part of the staff and the board of trustees. Before embarking on this process, the library board and staff should assess the library's readiness to ensure that conditions are favorable for a positive outcome. The degree of readiness can be assessed by completing a readiness checklist of questions. The ultimate decision to proceed should be guided by responses to these questions.

8. Keep a positive focus throughout the process – regardless of the outcome.

If a vote to establish a public library district fails, do not take the failure as a statement that the public does not support the library or that the situation is hopeless. Several public library district votes have failed in their first or even second attempts. The key is to learn from the past, re-visit your public library district model to determine any needed changes, and develop new strategies to seek public support for the measure. As a library trustee or director, you must remain committed to the ideals and goals of the library and your responsibility to make every attempt to achieve a financially secure environment.

Association District Library

As approved by the Board of Regents this model is available to libraries currently chartered as Association Libraries that do not want to relinquish their “private” status by re-chartering as a School District Public Library or a Special District Public Library. Although an Association Library District is not a public entity, the library can emulate the basic characteristics of a public library district by providing a process for: (a) public election of its trustees; (b) the library to secure a significant portion of its operating revenue through a public budget vote; and (c) meet or exceed the minimum standards (see 90.2).

a. Trustee Elections

Association Library bylaws should be amended by the board of trustees to ensure that all eligible voters within the library’s service area can participate in annual elections to select library trustees. It is usually best to hold the annual trustee election at the time of the vote on the library’s budget. While an association library cannot compel the Board of Elections or School Board to hold the public election of trustees, the vote can be run in the library as per election procedures adopted by the library board.

b. Budget Votes

Association Libraries should provide the public with an opportunity to vote on a funding proposition that will generate at least 90% of the library’s operating revenue. This may be accomplished by placing a budget proposition on either a school district ballot or a municipal ballot.

See:

Getting on the Ballot - The School District Vote
Getting on the Ballot - The Municipal Vote

Advantages of the Association Library District Model

It does not require re-chartering the library. Trustees can pass a resolution to amend the library’s bylaws to provide for trustee elections.
Once a budget to fund an Association Library District is passed by voters within a municipality or a school district, funding will remain at the same level until a subsequent vote changes the amount. This results in much more stable funding for the library.
Trustee elections address the concerns of critics who feel association libraries that receive tax dollars and are governed by self-perpetuating boards result in “taxation without representation.”

Points to consider about the Association Library District Model

The library is not authorized to place bonding propositions for capital projects on the ballot. This limits the library’s ability to raise tax money for the expansion and renovation of library facilities. (Association Libraries may seek legislation to bond though the Dormitory Authority of the State of New York, DASNY)
Public support for a library-funding proposition may be hindered by the voters’ perception that because the library will remain a private association, it is not a true public entity.
Trustees of Association Library Districts are subject to an open election process.
Trustees of an Association Library District should endeavor to follow the best practices outlined in the Local Government Management Guides from the Office of the State Comptroller, particularly in relation to Internal Financial Controls, Procurement, Reserve Funds, and the Claims Audit Process.
The effort to seek public support to create and fund a library requires a firm commitment on the part of the library board and the director as well as a strong education and advocacy campaign.

School District Public Library

A School District Public Library is organized to serve the residents who live within the boundaries of a given school district (hence the name). Typically the library board is elected, and the budget approved, by the district voters. The library and the library board are independent of the school district and the school board. However, the school district is responsible for the collection of taxes and for the issuance of municipal bonds for construction on the library’s behalf. A School District Public Library is created by passage of a referendum placed on the school district ballot. A petition signed by 25 qualified voters within the school district is necessary to place the proposition for a vote. School District Public Libraries have service areas that coincide with the school districts in which they are located, and voters within the school district determine the library’s budget and elect its board of trustees. Education Law §255.

School District Public Libraries exercise near total independence from the school district. Once the library has been established, the library board has the authority to schedule a vote on a library budget and trustee election each year. If the proposition to fund a School District Public Library passes, the school district must collect the tax money and pay the funds to the library. The separation of powers between local boards of education and school district library boards is detailed in Education Law §260(7)-(11).

Because they are public entities, School District Public Libraries are subject to all laws pertaining to public libraries in New York State, as well as numerous other laws pertaining to public institutions in our state.

In some cases, a School District Public Library may find it is more appropriate to expand its formal service area to include adjacent towns or school district(s). In these cases, the library must re-charter as a Special Legislative District Public Library or a Joint School District Public Library.

Advantages of the School District Public Library

By re-chartering as a School District Public Library, a library may be able to expand its service area. This may also reduce the number of unserved/untaxed areas within its regional service area. This option provides an opportunity to develop equity in tax support for the library. This may address situations in which people who live within the library's chartered service area (a town or a village) are paying higher taxes to support the library than people who live just outside the chartered service area.

School District Public Libraries have the ability to raise funds for capital projects by directing the school board to place a bonding resolution on the ballot. Education Law §260(10).
Although the school board determines the time and place for the initial election to create and fund a School District Public Library, the new library board has the authority to set the time and place for future elections. Most are held within the library. Education Law § 260(7).
Once an annual budget to fund a School District Public Library is approved by voters, funding will remain at the same level until the library board requests a change by placing a new proposition before the voters. There is no mechanism that would permit a proposition without library board approval to be placed on the ballot to reduce the amount of funding for the library.
Depending on library usage patterns, it may be appropriate for a School District Public Library to seek funding from neighboring unserved towns or other school districts in addition to the funding approved by the eligible voters of the school district it is chartered to serve. The mechanism for doing this may include seeking direct appropriations or placing a funding proposition (a “259(1)” or “Ch. 414”) before the voters of the neighboring municipalities and/or school district. A different approach utilizes contracts between the library and municipality/school district. Such contracts are authorized under Education Law §256. Often contracts with unserved areas are managed by the regional Public Library System.
Aligning a library’s service area along the same boundaries as the school district can also help to align efforts to support student success in an area, facilitating stronger library-school partnership and avoiding competing programs and purchases due to the clarity of service areas.

See: Placing funding propositions on municipal and school district ballots.

Important Points to consider about the School District Public Library

Association Libraries must be particularly aware that School District Public Libraries must comply with laws governing public libraries in New York State. In addition, N.Y.S. Comptroller’s Regulations provide strict guidelines for the investment of public funds. Although these may not cause great difficulties, Association Libraries considering the transition should be fully aware of these requirements.
Municipal Libraries must take into account that public library districts, including School District Public Libraries, are independent and separate from any municipal or school district. The library board of trustees must assume all responsibility for the library, and account for all associated expenses in running the library. Many of these expenses may have previously been paid by the library's municipality as in-kind support. In some cases the library building is owned by the municipality. Future ownership and/or leasing arrangements must be made as early as possible in the process.
All libraries are reminded:
- If the transition to a School District Public Library results in an increase in the number of people served, the library may be required to meet a higher level of minimum State Standards for public libraries.
- Trustees of School District Public Libraries are subject to an open election process.
- The effort to seek public support to create and fund a library requires a firm commitment on the part of the library board and the director as well as a strong education and advocacy campaign.

Checklist of potential expenses in running a public library.

Steps for Creating a School District Public Library

Prior to embarking on the process to create a School District Public Library, it is strongly recommended that the library board or interested parties contact the library system who will contact the New York State Library Division of Library Development for assistance and guidance. In addition, it is also recommended that a library retain legal counsel and carefully review the "Where to Start" file within this "how-to" guide.
Residents of each school district who are interested in creating the new library must submit to the board of education a petition signed by at least 25 qualified voters of the school district asking that a proposition to establish and fund a public library to serve the school district be put before the voters at the next regular school district meeting or at a special meeting called for this purpose (Education Law §255(1)). The New York State Library's Division of Library Development recommends that the establishment of the library and the initial budget be included as a single proposition. Failure to do so may result in a library being established with no operating funds.
Each candidate interested in serving on the Board of Trustees of the school district public library must submit to their board of education a nominating petition signed by at least 25 qualified voters or 2 percent of the number of voters who voted in the last school district election, whichever is greater (Education Law §260(8)). The library may have no fewer than five nor more than 15 trustees. The actual number to be elected must be specified in the proposition creating the library.
The board of education places the proposition to establish and fund a library and a separate proposition to elect library trustees before the voters at the next regularly scheduled school district election or at a special election to be held at a separate time and place in accordance with Education Law. If the proposed school district public library will replace an existing library, correspondence should be sent to the school district requesting that the votes to create and fund the new library and elect trustees be held within the existing library on a date that is separate from the regular school election (Education Law §255(1)). Though the school district is under no obligation to comply with the request, school district officials may find that it is in their best interest to schedule the election to create and fund the library at a separate time and place from the regular school budget vote.
Campaigns to educate the community and garner support for the proposition to establish and fund the library are coordinated by concerned citizens or by the library board of trustees if the new library is replacing an existing library. Public funds can be used to educate the community but not to advocate for the proposition. Separate and independent library advocacy groups, such as the Friends of the Library, may use private donations to advocate for the proposition. More information on educational and advocacy campaigns.
If the new School District Public Library will replace an existing library, the Board of Trustees should engage officials of local municipalities that have been funding the library to seek their support. This may be critical to ensure continued library funding in the event that the proposition to create and fund the new library fails, or to bridge funding for the library until tax collection schedules align for the newly created district. In addition, if the title to the library building is held by the municipality, the library board should clarify the terms under which the facility could continue to be used by the new school district public library after the new district is formed.
If neighboring libraries will be affected by this restructuring it is important to fully advise them of the process and to seek their support for the effort.
After the election, the clerk of the board of education certifies the results of the election, showing the number of votes cast for and against the establishment and the initial budget for the new library, and for each candidate for the library board of trustees.
If the proposition to establish and fund the library is passed, several additional actions need to take place before the process is complete. Within one month after taking office, the new library's Board of Trustees, in coordination with their regional public library system, must submit an application to the Division of Library Development for a library charter. A copy of the library's first year budget, a certified copy of the election results, and a signed and notarized copy of the official public notice announcing the election should accompany the charter application. It is most important to contact the regional public library system to assist in this process and to follow up in a timely manner.
If the new School District Public Library is taking the place of an existing library or libraries, the Board of Trustees of the library being replaced passes a resolution to dissolve the old library and submits paperwork to the New York State Library's Division of Library Development transferring assets to the new library.
Once the charter is granted, the library applies for a registration, and trustees must take an oath of office.
The school district collects tax money for the library and turns the funds over to the library board. The school district has no direct control over the operations of the library.
Annual funding for the library will remain at the amount specified in the initial proposition until the library board places another proposition on the ballot to change the amount. In this case, the library board of trustees will determine the time and place for the vote. Most School District Public Libraries schedule their votes to take place within the library on a separate date from the regular school district election. Education Law §260(7).

NOTE: For a discussion and detailed timeline for the establishment of school district libraries please refer to the Division of Library Development resource: Increasing Autonomy: Rechartering Your Public Library. A flow chart for the process may be found here. More detailed information on chartering and dissolving educational organizations in New York State can be found in Law Pamphlet 9 issued by the New York State Education Department. See also After the Vote -- a checklist of actions.

Joint School District Public Library

A Joint School District Public Library is organized to serve residents who live within the boundaries of two or more school districts (hence the name). Typically the library board is elected, and the budget approved, by the joint district voters. The library and the library board are independent of the school districts and the school boards. However, each school district is responsible for the collection of taxes and for the issuance of municipal bonds for construction on the library’s behalf [4]. A Joint School District Public Library is created by passage of a referendum placed on each school district ballot. A petition signed by 25 qualified voters within each school district is necessary to place the proposition for a vote. School District Public Libraries have service areas that coincide with the school districts in which they are located, and voters within the school districts determine the library’s budget and trustees. Education Law §255.

Joint School District Public Libraries exercise near total independence of the respective school districts. Once the library has been established, the library board has the authority to schedule a vote on a library budget and trustee election each year. If the proposition to fund a Joint School District Public Library passes, the school districts must collect the tax money and pay the funds to the library. The separation of powers between local boards of education and school district library boards is detailed in Education Law §260(7)-(11).

Because they are public entities, Joint School District Public Libraries are subject to all laws pertaining to public institutions in our state.

After considering all the available options a potential School District Public Library may find it is more appropriate to expand its formal service area to include adjacent towns or partially unserved school district(s). In these cases, the library must re-charter as a Special Consolidated District Public Library.

Advantages of the Joint School District Public Library

By re-chartering as a Joint School District Public Library, a library may be able to expand its service area or join with other school district libraries in its region. This may also reduce the number of unserved/untaxed areas within its regional service area. This option provides an opportunity to develop equity in tax support for the library. This may address situations in which people who live within the library's chartered service area (a town or a village) are paying higher taxes to support the library than people who live just outside the chartered service area.
Joint School District Public Libraries have the ability to raise funds for capital projects by directing the school boards to place a bonding resolution on the ballot. Education Law §260(10).[5]

Although the individual school boards may determine the time and place for the initial election to create and fund a Joint School District Public Library, it is strongly recommended that the library board make every effort to coordinate these votes so that they may be held simultaneously.

Thereafter, the joint school district library votes as one cohesive district. The new library board has the authority to set the time and place for future elections. Most are held within the library. Education Law §260(7).
Once an annual budget to fund a Joint School District Public Library is approved by voters, funding will remain at the same level until the library board requests a change by placing a new proposition before the voters. There is no mechanism that would permit a proposition without library board approval to be placed on the ballot to reduce the amount of funding for the library.

Important Points to consider about the Joint School District Public Library

Association Libraries must be particularly aware that School District Public Libraries must comply with laws governing public libraries in New York State. In addition, N.Y.S. Comptroller’s Regulations provide strict guidelines for the investment of public funds. Although these may not cause great difficulties, Association Libraries considering the transition should be fully aware of these requirements.
Municipal Libraries must take into account that public library districts, including School District Public Libraries, are independent and separate from any municipal or school district. The library board of trustees must assume all responsibility for the library, and account for all associated expenses in running the library. Many of these expenses may have previously been paid by the library's municipality as in-kind support. In some cases the library building is owned by the municipality. Future ownership and/or leasing arrangements must be made as early as possible in the process.
All libraries are reminded:
- If the transition to a School District Public Library results in an increase in the number of people served, the library may be required to meet a higher level of minimum State Standards for public libraries.
- Trustees of School District Public Libraries are subject to an open election process.
- The effort to seek public support to create and fund a library requires a firm commitment on the part of the library board and the director as well as a strong education and advocacy campaign.

Checklist of potential expenses in running a public library.

Steps for Creating a Joint School District Public Library

Prior to embarking on the process to create a Joint School District Public Library, it is strongly recommended that the library board or interested parties contact the library system who will work with the New York State Library Division of Library Development for assistance and guidance. In addition, it is also recommended that a library retain legal counsel and carefully review the "Where to Start" file within this guide.
Residents of each school district who are interested in creating the new library must submit to their respective board of education a petition signed by at least 25 qualified voters of the school district asking that a proposition to establish and fund a joint public library to serve the school district be put before the voters at the next regular school district meeting or at a special meeting called for this purpose by each district. (Education Law §255(1)).
The New York State Library's Division of Library Development recommends that the establishment of the library and the initial budget be included as a single proposition. Failure to do so may result in a library being established with no operating funds.
Each candidate interested in serving on the Board of Trustees of the school district public library must submit to the board of education a nominating petition signed by at least 25 qualified voters or 2 percent of the number of voters who voted in the last school district election, whichever is greater. (Education Law §260(8)). The library may have no fewer than five nor more than 15 trustees. The actual number to be elected must be specified in the proposition creating the library.
Education Law § 260(1) permits representation on the board of trustees to be proportional between each cooperating district. Though this is certainly politically appropriate when the district is created, experience has shown that over time, some districts eventually choose to hold their trustee elections “at large”.
Each board of education places the proposition to establish and fund a joint library and a separate proposition to elect library trustees before the voters at the next regularly scheduled school district election or at a special election to be held at a separate time and place in accordance with Education Law. If the proposed joint school district public library will replace an existing library, correspondence should be sent to the school districts requesting that the votes to create and fund the new library and elect trustees be held within in the existing library on a date that is separate from the regular school election (Education Law §255(1)). Though the school districts are under no obligation to comply with the request, school district officials may find that it is in their best interest to schedule the election to create and fund the library at a separate time and place from the regular school budget vote.
Campaigns to educate the community and garner support for the proposition to establish and fund the library are coordinated by concerned citizens or by the library board of trustees if the new library is replacing an existing library. Public funds can be used to educate the community but not to advocate for the proposition. Separate and independent library advocacy groups, such as the Friends of the Library, may use private donations to advocate for the proposition. More information on educational and advocacy campaigns may be found here.
If the new Joint School District Public Library will replace an existing library, the Board of Trustees should engage officials of local municipalities that have been funding the library to seek their support. This may be critical to ensure continued library funding in the event that the proposition to create and fund the new library fails or to bridge funding for the library until tax collection schedules align for the newly created district. In addition, if the title to the library building is held by the municipality, the library board should clarify the terms under which the facility could continue to be used by the new joint school district public library after the new district is formed.
After the election, the clerks of the boards of education certify the results of the election, showing the number of votes cast for and against the establishment and the initial budget for the new library, and for each candidate for the library board of trustees.
If the proposition to establish and fund the library are passed, several additional actions need to take place before the process is complete. Within one month after taking office, the new library's Board of Trustees must submit an application to the Division of Library Development for a library charter. A copy of the library's first year budget, a certified copy of the election results, and a signed and notarized copy of the official public notice announcing the election should accompany the charter application.
If the new Joint School District Public Library is taking the place of an existing library or libraries, the Boards of Trustees of the libraries being replaced pass a resolution to dissolve the old library and submit paperwork to the New York State Library's Division of Library Development transferring assets to the new library.
Once the charter is granted, the library applies for a registration, and trustees must take an oath of office.
The school districts collect tax money for the library and turn the funds over to the library board. The school district has no direct control over the operations of the library.
Annual funding for the library will remain at the amount specified in the initial proposition until the library board places another proposition on the ballot to change the amount. In this case, the library board of trustees will determine the time and place for the vote. Most School District Public Libraries schedule their votes to take place within the library on a separate date from the regular school district elections. Education Law 260(7).

4. It is recommended that such a joint school district library obtain approval for the bonding of library facilities through the Dormitory Authority of the State of New York (DASNY). This would greatly simplify the financial aspects of such a project. See DASNY Financing, Design and Construction for Public Libraries.

5. It is recommended that such a joint school district library obtain approval for the bonding of library facilities through the Dormitory Authority of the State of New York (DASNY). This would greatly simplify the financial aspects of such a project. See DASNY Financing, Design and Construction for Public Libraries.

Special and Consolidated Legislative Library Districts

“There is no question that we were much better off after becoming a special district library. It allowed us the security of baseline funding, which in turn allowed us to plan and grow. Whatever the difficulties, establishing special library districts is well worth the effort. It guarantees a certain level of stable funding which is especially needed in these uncertain times.”

Greg Callahan, Director, Hyde Park Library

Special and Consolidated Legislative Library Districts

A special or consolidated Legislative library district is created by a special act of the New York State Legislature and a local public vote to serve all or part of one or more municipalities or districts as defined by its enabling legislation. Each of these libraries is somewhat unique but all are considered “public” insofar as adherence to state law. All must follow the same establishment procedures.

Those districts that simply recharter an existing library with no change in their area of service are referred to in this document as “special library districts”. Those that merge existing libraries, expand the service area of an existing library, or create a new library in previously unserved areas are referred to as “special consolidated library districts”.

The vote to create a Special or Consolidated District Public Library is authorized by State legislation. A State Legislator introduces a bill specifying the service area of the library and authorizing a public vote to create the library, establish a budget, and elect the trustees. Once the State legislation is passed, an election is scheduled within the area to be served to create the district, approve the initial library budget and select trustees. Sample legislation can be found here. A taxing authority specified in the legislation, such as a municipality or school district, collects taxes on behalf of the library and turns the funds over to the library board, which is completely autonomous. If the new Special/Consolidated District Public Library is replacing an existing library, the library “going out of business” transfers assets to the new library and surrenders its charter to the Board of Regents.

Advantages of the Special or Consolidated District Public Library:

The service area of a Special or Consolidated District Public Library can be drawn to meet the specific needs of the library. This allows the library to obtain tax support from those people who most often use the library’s services. It also offers the best opportunity to eliminate unserved areas. New proposed service areas must be approved by the New York State Library's Division of Library Development in advance.
The legislation that creates a Special or Consolidated District Public Library can provide the library with the ability to raise funds for capital projects by placing a bonding resolution on the ballot through a local municipality and/or the Dormitory Authority of the State of New York. Libraries have often found using the Dormitory Authority for this purpose to be the more efficient and politically viable option. It is advisable to include this capital funding option in the enabling legislation.
The time and place for the local election to create a Special or Consolidated District Public Library is specified in the State legislation. In most cases, these elections are scheduled to take place within the existing library, if one exists.
Once a budget to fund a Special or Consolidated District Public Library is approved by voters, funding will remain at the same level until a subsequent vote changes the amount. This results in much more stable funding for the library.

Important points to consider about the Special and Consolidated District Public Libraries

The process for creating a Special or Consolidated District Public Library is more complex than the process for creating alternative models.
Association Libraries must be particularly aware that Special or Consolidated District Public Libraries must comply with laws governing public libraries in New York State. In addition, N.Y.S. Comptroller’s Regulations provide strict guidelines for the investment of public funds. Although these may not cause great difficulties, Association Libraries considering the transition should be fully aware of these requirements.
Municipal Libraries must take into account that all public library districts, including Special or Consolidated District Public Libraries, are independent and separate from any municipal or school district. The library board of trustees must assume all responsibility for the library, and account for all associated expenses in running the library. Many of these expenses may have previously been paid by the library's municipality as in-kind support. In some cases the library building is owned by the municipality. Future ownership and/or leasing arrangements must be made as early as possible in the process.
All libraries are reminded:
- If the transition to a Special or Consolidated District Public Library results in an increase in the number of people served, the library may be required to meet a higher level of minimum State Standards for public libraries.
- Trustees of Special or Consolidated District Public Libraries are subject to an open election process.
- The effort to seek public support to create and fund a library requires a firm commitment on the part of the library board and the director as well as a strong education and advocacy campaign.

Steps for Creating a Special or Consolidated Legislative District Public Library

Prior to embarking on the process to create a Special or Consolidated Public Library District, it is strongly recommended that the library board or interested parties contact the public library system who will facilitate communication with the New York State Library Division of Library Development for assistance and guidance. In addition, it is also recommended that a library retain legal counsel and carefully review the "Where to Start" file within this guide.

If the new library district will replace an existing library or libraries, the existing library board(s) defines the desired service area of the new library, based on the residence of library users. This may involve one or more of the following: analyzing registration and/or usage patterns; developing alternatives for allocating costs among constituent municipalities; contacting neighboring libraries, the public library system, and the New York State Library’s Division of Library Development for help and support.

The library board(s) discusses the potential charter change with local municipal officials to inform them of the library’s/libraries intentions and to seek their support. It is important to do this early on in the process to ensure that the officials first hear about the process from library officials and not from other sources. Because the library/libraries may eventually need a “message of home rule” and possibly bridge funding from local municipalities at some point in the process, it is best to move forward in partnership with local municipalities. Also, if the vote to create the Special or Consolidated District Public Library fails, the library will need to rely on continued appropriations from its supporting municipalities. In addition, if the title to the library building is held by the municipality, the library board should clarify the terms under which the facility could continue to be used by the new special public library district after the new district is formed.
The library board(s) formally votes to proceed with the process and develops a timetable and a budget for the first year of operation. (see: Public Library Expense Checklist)
The library board(s) approaches a local State Legislator (Assembly or Senate) and requests that he or she introduce a bill to authorize a local vote to create the new library. It is advisable to obtain legal counsel experienced in this process to assure the bill addresses the particular circumstances of this effort. That said, the Legislator may prefer to have the bill drafted in-house. If so, it is critical that the library board and administration thoroughly review the draft and have their public library system and legal counsel review it as well. It is important to consult current Education Law and other bills for Special or Consolidated District Public Libraries for ideas about what to include in the legislation. Please refer to the “Lessons Learned” file to learn of other libraries’ experiences. The New York State Library's Division of Library Development strongly recommends that the establishment of the library and the initial budget be included as a single proposition. Failure to do so may result in a library being established with no operating funds.
Before the State Legislator introduces the bill into the State Legislature, he/she may ask the library to obtain a “home rule message” from affected municipalities. A “home rule message” is the “sign-off” from the local municipality that it does not oppose the creation of the new library district. Though this “sign-off” is not required since the library is an Education Corporation under New York State law, Legislators may ask the library to contact the affected municipalities for a “letter of home rule” before agreeing to sponsor the legislation.
Once the bill is drafted, it must be introduced and passed by both houses of the State Legislature. The primary sponsor normally solicits co-sponsors and support from other Legislators. However, it is important that representatives from the library meet with all local Assembly and Senate representatives to explain the rationale for the legislation.
When the bill passes both houses of the State Legislature and the Governor approves, it is entered into law as “Chapter [number], Laws of [year].” It then becomes the enabling legislation authorizing a local referendum to create the library district, as specified in the bill. The legislation does not create the district; nor does it charter the library. These are separate actions that need to be taken.
The local election to create the district is then scheduled according to specifications in the legislation and local election requirements. If a date for the referendum was not included in the enabling legislation, it must be set by the library board of trustees of the existing library/libraries.
Each candidate interested in serving on the new library board of trustees must file a nominating petition as specified in the state legislation. The ballot put before voters will specify the establishment of the district, an initial budget, and election of trustees. All relevant propositions must pass for the district to be established. It is advised to properly word the proposition so that the creation and funding of the district are tied together.
Campaigns to educate the community and garner support for the proposition to establish and fund the new library district are coordinated by concerned citizens or by the library/libraries’ board of trustees if the new library is replacing an existing library/libraries. Public funds can be used to educate the community but not to advocate for the proposition. Separate and independent library advocacy groups, such as the Friends of the Library, may use private donations to advocate for the proposition. See: Education and Advocacy Campaigns.
If the vote is successful, several additional actions need to take place before the process is complete. Please note, the first step must occur within one month after the new board takes office: they must submit an application to the Division of Library Development for a charter as a Special or Consolidated District Public Library. A copy of the library district's proposed budget, a certified copy of the election results, and a copy of the public notice announcing the election should accompany the charter application.
After the new board of trustees takes this charter action, the board of trustees of the library it will be replacing must submit paperwork to the Division of Library Development to dissolve the charter of that library and transfer its assets to the newly formed Special/Consolidated District Public Library.
Once the new Special/Consolidated District Public Library receives its charter, it must apply for registration, and trustees must take an oath of office.
Taxes authorized by the budget vote to support the library are collected by the appropriate municipality(ies) and/or school district(s) and are paid to the library board. The municipality(ies) and/or school district(s)have no direct control over the operations of the library.

NOTE: More detailed information on chartering and dissolving educational organizations in New York State can be found in Law Pamphlet 9 issued by the New York State Education Department.

Commentary on Consolidating and Merging Libraries

Before finalizing a plan to transition to a public library district form of governance and funding, libraries should consider the option of merging or consolidating with other libraries in the area. Consolidation or merging may be advantageous when there are two or more libraries situated within a single school district or a town. In these cases, rather than have each library continue to serve a portion of the school district or town, or maintain overlapping service areas, it may make sense to form a single administrative structure to run both libraries. This approach is also appropriate for the formation of joint school district libraries. This simplifies funding and governance and may make it easier for voters to understand the library structure. It also ensures that people within the town or school district are uniformly taxed for library services and avoids duplication of costs. Merging libraries does not necessarily mean that one of the library outlets will close. It simply means that there will be a single governance and funding structure. There are several examples where libraries in New York State have successfully merged and continue to operate multiple outlets.

The Chemung County Library District resulted from a merger of two autonomous libraries: the Horseheads Free Library and the Steele Memorial Library in Elmira and incorporated the previous autonomous libraries of Big Flats and West Elmira, and the Reading Center of VanEtten. The new district continues to operate each facility to serve their individual communities. The Northern Onondaga Library District involved a merger of three autonomous libraries; the Cicero Free Library, the Brewerton Free Library, and the North Syracuse Free Library. The three libraries remain open under a single administrative and governance structure. And still another example is the Western Sullivan Public Library in Sullivan County, a school district public library that involved the merger of three public libraries; the Tusten-Cochecton Public Library, the Delaware Free Library, and the Jeffersonville Public Library. The three libraries now operate as separate branches under a single administrative and governance structure.

Obviously, merging multiple autonomous libraries into a single district involves additional issues that must be addressed and thus may extend the timeline for creation of a new merged district. Discussions with potential merger partners should begin early on in the process to test any interest in consolidating operations and governance. Among those issues that should be discussed are:

Fairness of representation on a single governing board;
Budgeting and financing a combined library district;
Merging staff and administrative structures; including civil service and pension concerns;
Merging assets;
Ownership and names of library facilities;
Assurances for continued operation of multiple library outlets;
Public reaction to a combined district.

Depending on the complexity of these and other issues, the effort to create a merged district may add several months to the timeline for creating a new library district. In spite of the additional preparation time, libraries are encouraged to investigate merging or consolidating operations. Advantages may include:

Simplified and fairer taxation for residents;
Efficiencies to be gained by merging operations and sharing services (single rather than multiple administrations and support services);
Simplified recruitment of trustees for a merged library board rather than two or more separate boards.
Public perception of greater transparency.