The DeKalb Public Library’s property tax levy is up for 2nd reading at tonight’s city council meeting. I’ll be there to speak against approving the library levy as is. The library board and administration has violated numerous state laws over the past several years. They’ve built a fund to use to acquire property to build a new library. They accumulated those funds in conflict with the Illinois Local Library Act which requires corporate authority (city council) approval of any fund acquisition plan related to purchasing property, expanding an existing library, or building a new one BEFORE accumulating those funds.
Judge Kurt Klein, in signing an Oct. 5, 2010 Consent Decree, in which the library board agreed to quit violating the Open Meetings Act, suggested that following the law might prevent good people from serving on volunteer boards and commissions.
From the Oct. 6, 2010 edition of the Daily Chronicle:
We get good people from the community who contribute their time, energies and talents to serve the community with no gain for themselves, and they get caught up in something this technical,” Klein said. “My fear is that things like this discourage other good people from coming forward and serving the community.
It very well may be that the library board were ignorant of state laws, specifically the Open Meetings Act and the Illinois Local Library Act, in their accumulating a building fund balance. That is certainly excusable. But paid administrators at the library and at city hall should know better.
The current library is overcrowded. I get that. The board wants a new library. I get that. The public has no right to know about those plans until its too late to do anything about it and the law was made to be ignored and/or skirted… if those who do are good people. I’m having a cow about that one.
The city attorney has told the council they have no say in the matter. According to Norma Guess the library levy must be approved as presented. If that’s the case we sure better hope we never get one of those bad people appointed to the board. If its the case and a bunch of good people setting on the library board really want a new 89,000 square foot library then a future tax levy is in for an enormous-but-can’t-be-stopped increase
But, thankfully, it’s not the case. As CityBarbs blogger Lynn Fazekas reported:
From the meeting minutes of the Regular Meeting of the City Council, November 24, 2008 ( [Fazekas] emphases):
Ald. Naylor asked what obligation Council has relative to the rate being proposed from $0.24 to $0.27. Attorney Guess replied the receipts are only through the levy imposed by the City; it is up to Council what amount should be levied for the Library.
[…]
Ald. Naylor moved to amend Ordinance 08-87 and maintain the tax levy for the Library at $0.24; seconded by Ald. Keller.Ald. Teresinski asked if the Library has a Board that adopted this increase. Mr. Biernacki replied the Library is a component government of the City, and the Council establishes the rate.
There was another amended motion made, and the levy was set at $0.25.
According to library board minutes (Nov. 18, 2008):
Finance Committee. The committee reported on the tax levy. They made a recommendation to levy at $1,740,184.20 at a tax rate of .27. .02 would be put in a building fund. A new boiler fund will also be created. There was discussion of working on a cash fund for 4 years and possibly taxing at $2,064,269.90. Neher moved and Kirts seconded to approve a tax levy of $1,740,184.20 with $.02 for a Building Fund. Motion approved.
The .02 Building Fund should be retracted. The city council did not approve any plans for accumulating those funds because none were submitted as required by 75 ILCS 5/5‑1 et seq of the Illinois Local Library Act. That law is not just for the library to follow. It applies to the city council as corporate authority.
A public hearing for full disclosure of funds accumulated and for those responsible to explain why they chose to ignore the law is needed.
Reduction of the Building Fund from the library tax levy and the public hearing on the matter is what I will ask the city council to consider.
I am not expecting a friendly reception of either request.
Under the consent decree, the library board is ordered to abide by the Open Meetings Act in the future and to hold periodic training concerning the act’s requirements when the act changes or if there is turnover in staff and trustees.
The decree also requires the library board to make the minutes of the May 12 closed session available to the public within three days.
The court retains jurisdiction in the case, meaning if there were a violation of any of the terms of the agreement, the board could be held in contempt of court, Farrell said.
In signing the decree, Presiding Judge Kurt Klein said he was glad the two sides resolved the issue, which he said was “ripe to be closed.”
Klein said he fears such situations might inhibit good people from serving on volunteer boards and commissions.
“We get good people from the community who contribute their time, energies and talents to serve the community with no gain for themselves, and they get caught up in something this technical,” Klein said. “My fear is that things like this discourage other good people from coming forward and serving the community.”
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