Several of you have requested Tom Genson's comments. Here they are. Frederick J. Kirby, Library Director Benton Harbor Public Library 213 East Wall St. Benton Harbor, MI 49022 269-926-6139 (voice) 269-926-1674 (fax) libraryfjk@yahoo.com ----- Forwarded Message ----- From: Tom Genson <tgenson@herrickdl.org> To: Frederick J. Kirby <libraryfjk@yahoo.com> Sent: Tuesday, August 6, 2013 3:12 PM Subject: RE: [Michlib-l] Partial Library Services to Contracted Areas Fred, You need to appreciate the variations of library establishment law as you proceed to consider this question. Some libraries may provide “scaled services” others may not. District libraries may: City, Village and Township libraries established under PA164 of 1877 do not appear to be able to do so (see MCLA 397.216 “Section 16. After fulfilling all the contractual requirements, the people of a township, village, or city shall have all rights in the use and benefits of the library that they would have if they lived in the township, village, or city where the library is established, subject to uniform rules and regulations established by the board of library directors.” Herrick fought the LOM in court on this question as it applies to district libraries… so I have some appreciation for the variations in law about this issue. We were successful confirming in Court the fact that district library boards have the authority to scale services to the amount of support rec’d by contracting entities. However, the issue was established for district libraries and not necessarily for others… it depends on what the law permits. (As it turned out all of our contracting entities met our terms for full services so we did not need to actually cut services but we were prepared to. I had proposed that those who do not pay for full services would not be entitled to services that are staff intensive (holds on books, interloan support, and checkout privileges for AV items) were among the services that we had identified that we might restrict). Here we have also put in place limits on the number of items non-resident card holders may check out and this is managed by our ILS while still permitting them some use of our collections. I could also see that programming could be restricted to those paying for full services… but it would require asking people to show their library card (not normally done now) in order for admission to story hours… film programs… speaker events and the like. It might be possible for you to restrict use of your computers to those who provide funding for full services. As you consider where to ratchet down access to services I suggest you look to areas where you experience heaviest demands. You may reduce the competition for these services your taxpayers (and full funders) are experiencing… and gain their appreciation for helping get them better access to these services. Staff will need to understand exactly what you are doing and why… as they will be the ones who fury of patrons being denied services. I was heading toward the idea that people who do not provide adequate support for library service would only get access to older materials that were on the shelf. All the best as you proceed forward. Tom Genson From:michlib-l-bounces@mail.mcls.org [mailto:michlib-l-bounces@mail.mcls.org] On Behalf Of Frederick J. Kirby Sent: Tuesday, August 06, 2013 2:36 PM To: Public Library Directors; Public Library Directors Subject: [Michlib-l] Partial Library Services to Contracted Areas Hello All, I have an interesting problem. My Library has long served the residents of a township that makes an annual contribution to our operating budget. Due to financial problems, the township wishes to drop its annual contribution, but would still be willing to give us its share of penal fines and State Aid. We are hoping to have a millage question on the township ballot this November, but if that fails, we need a backup plan. My question is: Does anyone provided partial or limited library services to a contracted area? If so, how are the services limited? I thought I would research this questions before turning to our attorney and/or the officials at the Library of Michigan. Any suggestions or thoughts? Frederick J. Kirby, Library Director Benton Harbor Public Library 213 East Wall St. Benton Harbor, MI 49022 269-926-6139 (voice) 269-926-1674 (fax) libraryfjk@yahoo.com