Hello:
Forgot to include Michlib-L on my response!
Have a great rest of your week!
Clare
Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with
respect to any particular issue or problem.
Did you know most Michigan educator certificates expire June 30th of any given year? Educators can check expiration dates and renew or progress certificates using the Michigan Online Educator Certification System at
www.michigan.gov/moecs. Not your year for renewal? Use MOECS to manage your
education-related professional learning for future renewals, view effectiveness ratings and update personal information!
From: Membiela, Clare (MDE)
Sent: Thursday, July 5, 2018 1:29 PM
To: 'Joann Crater' <justjoann_hudsonlibrary@yahoo.com>
Subject: RE: [Michlib-l] Question
Hello Joann:
You may want to take a look at your District Library Agreement. Often they contain some sort of language that transfers assets of the librar(ies) to the subsequent District. It may be general language and not specifically list particular
assets. It may be that the ownership of the clock was automatically transferred to the District when the District was set up.
I checked the copy of your District Library Agreement we have on file and Section V(A), “Transfer of Property and Employees” seems to cover the personal property of the library – it would seem that the clock may be included as “real
and personal property including but not limited to..” In other words, it seems that, barring any restrictions as described below, the clock is likely part of the lease of library assets.
Alternatively, look to the language of any documents that you have regarding the original gift/donation, and whether there are/were any restrictions or conditions placed on the gift (such as “if xyz Public Library ceases to operate
as a library, then…..”). Not every gift/donation has restrictions but some do. The original donation may also contain language indicating that the library has sole discretion over the gift. If there is no indication, then, it is likely that the assumption
is that the library has sole ownership.
You may also want to look at Library Board minutes from the period when the District Library Agreement was drafted – there may have been some discussion of the clock.
I would confirm with your attorney the information obtained from reviewing the documents (as described above) before making any final decisions in this matter.
Please let me know if you have any questions regarding the information here – or about any issue I can assist with!
Thanks!
Clare
Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with
respect to any particular issue or problem.
Did you know most Michigan educator certificates expire June 30th of any given year? Educators can check expiration dates and renew or progress certificates using the Michigan Online Educator Certification System at
www.michigan.gov/moecs. Not your year for renewal? Use MOECS to manage your
education-related professional learning for future renewals, view effectiveness ratings and update personal information!
From: michlib-l-bounces@mcls.org <michlib-l-bounces@mcls.org>
On Behalf Of Joann Crater via Michlib-l
Sent: Thursday, July 5, 2018 12:56 PM
To: Michlib-l <michlib-l@mcls.org>
Subject: [Michlib-l] Question
Before we became a district library, the public library was the owner of the town clock. The money was kept in a separate account at the city office.
Questions arose when we became a district library, if we could still own this. The heirs of the family that donated it, prefer that the library keep the
funds and continues to maintain it as owner. Is there anyone out there with a clue to this kind of situation? Thank you for any input you may have.
Joann Crater
Director
Hudson Carnegie District Library (zv170)
205 S. Market St.
Hudson MI 49247
517-448-3801