Category Archives: Library Administration

Changes to State Aid Application Process

Overview

Changes are coming! The process to submit State Aid applications is changing for Fiscal Year 2020.

Public Library State Aid applications will open on February 1, 2020, and close on March 31, 2020. The window to complete State Aid applications has been extended to allow time for librarians to work with their local auditors to compile the information needed and for the auditors to certify the State Aid applications.

The new process detailed below has been put in place to provide an additional level of accountability to ensure that figures supplied on application forms have been input by library directors and reviewed by auditors for accuracy prior to their submission. As a result, State Aid to Public Library checks for Fiscal Year 2020 will be issued in April.

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Annual Report to Governing Body: A How to Guide

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It can now be found on the North Dakota State Library’s LibGuides: https://library-nd.libguides.com/report

We’d hate to see you leave empty-handed, so here is an image of the McKinven family in 1949 (courtesy of the North Dakota Memories collection).

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Portrait of the McKinven family in a wagon, 1949

The Basics of Mills and Home Rule

Have you heard your Library Development Specialist say that you’re a “Home Rule City” and didn’t have any idea what that meant? You’re not alone. 88% of public libraries in North Dakota reside in a city or county with a home rule charter. Let’s break it down—

Typically, city and county governments need to follow the basics of state law, but if the municipality has passed a home rule charter, they are given freedom to implement ordinances in regards to finances, property taxes, and other taxes as laid out in NDCC 40-05.1-06. This means that, if specified in the home rule charter, a municipality may levy more than 4 mills for library service. (The 4 mill levy limit is prescribed in NDCC 57-15-06.7 and 57-15-10. There are additional constraints if you are funded by both a city and a county or a multi-city agreement.)

Regardless of home rule status, if you want to increase your mill levy for the library, you need to follow the process laid out in NDCC 40-38-02 #5. This includes either a motion of the governing body or a petition of residents to move the issue to a vote. In order to pass, 60% of qualified electors need to vote in favor of increasing the levy for public library service.

For a quick rundown of what a mill is and how it is calculated, check out the ND Association of Counties’ article Understanding Property Taxes.

As always, please remember that all cities and counties handle their money a little bit differently, and ND State Library staff are not lawyers. Any questions regarding interpretation of Century Code or mills should be addressed to your municipality’s attorney or auditor respectively.

Duties of the Library Board & Library Director

The relationship between the library board and the director works best when each party’s roles and responsibilities are clearly understood and adhered to.

The board is primarily responsible for the big picture; the director administers the day to day operations of the library.

The chart below outlines the basic duties of the board and the director in relation to one another.

  Library Board Library Director
Bylaws Adopt bylaws for board procedures. Develop and review bylaws in consultation with board.
Staff Employ a competent and qualified director. Review the director’s organizational structure, identifying lines of authority and responsibility. Act as technical advisor for the board. Employ and supervise all other staff members. Make recommendations on organizational structure to the board.
Policy Determine and adopt written policies to govern the operation and program of the library. Recommend and draft policies for board action. Carry out adopted policies, delegating responsibilities to staff as needed.
Planning/ capital projects In cooperation with director and staff, develop a long-range plan for commitment of resources to meet the changing needs of the community. Work together with board and staff in preparation of a long-range plan by projecting needs and trends in library service.
Budget Review the annual budget to determine its adequacy for meeting goals and objectives. Work actively for public and official support. Explore all possible revenue sources. Prepare the annual budget draft to achieve objectives as identified with the board. Supply facts and figures to aid in interpreting the library’s financial needs. Attend budget hearings as a resource person.
Finance Review and approve monthly financial statements in context of the annual budget. Prepare and present monthly financial statements and bills for board action.
Public relations Establish, support, and participate in a planned public relations program. Interpret the library’s role and plans to other community boards and committees. Maintain an active program of public relations and public information. Represent the library on other community boards and committees.
Library legislation Know local and state laws. Actively support state and national library legislation. Know local and state laws. Keep board informed of pending legislation, library trends, developments, and standards.
Advocacy Report regularly to governing officials and the general public. Report regularly to the library board, local government officials, the general public, and the state library agency.

Adapted from:

  • Pearlmutter, Jane, and Paul Nelson. Small Public Library Management. Chicago: American Library Association, 2012. Print.

Additional Resources:

Community Organizations

Want to make your library more visible in the community? Flyers and social media posts tend to only reach the people that are already looking for library information, but one great way to grow that audience is to have library staff and board members become involved in community organizations.

Having a library presence in community organizations allows the library to reach a broader group of people and participate in other aspects of the community that people may not associate with the library. Offering public meeting space, resource collections, and volunteer opportunities are all ways that libraries can assist these organizations that they may not have thought of yet. Additionally, by broadening the network of people you talk to about the library, you expand your knowledge of the community’s needs and can work on creative ways to solve them using library resources and expertise.

Some possible organizations to join are the Chamber of Commerce, Lions Club, Elks Club, Eagles Club, or Rotary. However, all organizations in your area that you think could benefit from a library staff or board member should be considered.

Acquiring 501(c)(3) Status

Friends of the Library and Library Foundations are excellent groups to help raise money for your library. In order for these organizations to function optimally and to assist with the procurement of grants, it is encouraged for them to obtain a 501(c)(3) status. This means that they are viewed as a tax-exempt nonprofit organization that qualifies as a public charity under IRS Code, Section 501(c)(3). Please seek the aid of an attorney or CPA to assist in the process of obtaining 501(c)(3) status as laws and common practices are subject to change.

The process to achieve 501(c)(3) status can take over 6 months to complete. The IRS has created a guide outlining the Life Cycle of a Public Charity that can help lead you through this process. In order to achieve 501(c)(3) status, the group must do the following:

  1. Create an organizing document that contains the following provisions. More information and sample documents can be found here.
    • Limit the organization’s purpose to one of the exempt purposes listed in Section 501(c)(3) of the Code.
    • State that the organization cannot engage in activities that don’t advance the exempt purpose.
    • State that the assets of the organization (money, property, etc.), will be dedicated permanently to the exempt purpose listed.
  2. Establish a Board of Directors and create bylaws for the group.
  3. Once the organization is legally established (see page 9 of IRS Publication 4220), obtain an Employer Identification Number (EIN) from the IRS online, by mail, or by phone (1-800-829-4933). Applying for an EIN triggers filing requirements, so do not complete this step until you are prepared to move forward with your other forms.
  4. File Articles of Incorporation for the group with the State of North Dakota as per NDCC 10-33. The paperwork can be found here. There is a $40 filing fee that must accompany the completed form. The ND Secretary of State Office and other state agencies created a guide to beginning and maintaining a nonprofit corporation in ND that can be found here.
  5. Submit the IRS Form 1023-EZ or Form 1023 depending on your eligibility. Eligibility can be determined using the worksheet in the 1023-EZ directions. Directions for the forms can be found here (1023-EZ) or here (1023).

**You may be exempt from this requirement if your organization has gross receipts in each taxable year that are normally not more than $5,000. Please see http://bit.ly/2REnkD0 for more details.**

  1. Before the group can solicit contributions, it may need to be registered as a charitable organization through the North Dakota Secretary of State’s office as per NDCC 50-22. That process can be found here.
  2. The organization will need to follow the tax-code for a 501(c)(3) during the time that their application is in processing. See the IRS page “Tax Law Compliance before Exempt Status is Recognized” for more information. All bank accounts, books, and records for the group need to be separate from the library’s records.

 

Once the group has acquired 501(c)(3) status, they will need to follow all state and federal filing guidelines to maintain that status. This includes the annual filing of Form 990 and other, unrelated income tax filings, state filings, charitable solicitations reporting, donation substantiation reporting, etc. Additionally, records should be kept for things such as executive compensation, transactions with board members, sources of revenue, accomplishments, expense allocations, details of investments, and organization structure. These things help assure that the group will maintain annual compliance. Most records of the 501(c)(3) group will be subject to public disclosure requirements.

 

Helpful Links:

Annual Evaluations

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This resource has moved!

It can now be found on the North Dakota State Library’s LibGuides: https://library-nd.libguides.com/publib/evaluation

We’d hate to see you leave empty-handed, so here is an image from the Gordon and Emma Anderson Collection on Digital Horizons.

Emma Anderson walking a skunk

Teamwork Training

Working with a team can sometimes be difficult. However, it’s one of the most important things we do as librarians. Working together with staff, the public, and local government is an integral part to success for your organization. Below are trainings and webinars to help you and your staff to train to work better as a team.

Universal Class is an online database provided through the state library. Any North Dakota resident can create an account using a library card from their local public library to take the training classes for free. They can be taken for PD credit with tests and a completion certificate or informally without the tests and certificate. Once you make an account, you’ll be able to see the length of each course in hours and sessions as well as a syllabus. Here are a few courses that are relevant to training and working well as a team that can help boost a staff member’s willingness to work with others on their team:

If you have any questions about Universal Class, you can contact the state library at 701-328-4622.

 

Webjunction webinars:

“Our personalities affect how we view and relate to the world. Each of us have different learning and communication styles, fears, insecurities, and defense mechanisms. This presentation will provide you with the tools to recognize your own and others’ differences and become more aware of how they affect your relationships with customers and co-workers.”

“We are all so busy! Who has time to deal with conflict? When conflict occurs, and we are confronted with a colleague, library patron, supervisor, or board member who is frustrated and upset, it can be tempting to identify a quick fix. However, when we do take the time to practice clear communication to uncover what people really need, we can get to better outcomes. Healthy communication involves actions that show you are really listening, communication with people who are angry or upset in a way that their needs can be addressed and resolved, and knowing your own emotions and needs and effective ways to express them. Practicing healthy communication skills will boost your self-confidence and contribute to a happier workplace.”

“Don’t let the pressure of working at the library bring you or your staff down. People want a work environment that is challenging, encourages trial and error, and makes them feel that they matter. It’s time to make the workplace exciting again, all throughout the library’s culture. Here are some things to do to make work fun again.”

Open Records & Meetings Resources

According to the North Dakota Attorney General’s Office website:

North Dakota has “sunshine laws,” which make all government records and meetings open to the public unless a specific law authorizes a record to be withheld or a meeting to be closed.

These laws apply to all state and local government agencies, rural fire and ambulance districts, public schools, private businesses or non-profit organizations that are supported by or expending public funds, and contractors, if the contractor is providing services in place of a public entity rather than to that entity.

The courts are not subject to open records and meetings law.

Anyone has the right to attend meetings of a public entity or to access and obtain copies of the entity’s records, regardless of where they live.

https://attorneygeneral.nd.gov/open-records-meetings

Open records and meetings also apply to libraries.

Below is a list of resources relating to open records and meetings laws and procedures.

General resources (great places to start):

Records Resources:

  • Open Records Guide (PDF) – Office of the Attorney General
  • Open Records Manual (PDF) – Office of the Attorney General
  • Template for a public entity to use when responding to an open records request (PDF) – Office of the Attorney General

Meetings Resources:

Closed Meetings and Executive Sessions Resources:

Attorney General Opinions:

Additional Resources:

Space Needs Assessment

Thank you for visiting.

This resource has moved!

It can now be found on the North Dakota State Library’s LibGuides: https://library-nd.libguides.com/publib/spaceneeds

We’d hate to see you leave empty-handed, so here is an image of a threshing crew in Griggs County, North Dakota (courtesy of the North Dakota Memories collection on Digital Horizons).

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“Threshing crew in Griggs County, N.D., circa 1907-1908”