According to the article on Observer Dispatch's website, Supervisor Tyksinski said in response to the possibility of the New Hartford Public Library re-chartering as a school library:
The 2012 town budget allocates $400,000 to the library, the remainder of which would be a savings to the town if the library changes over in May.Got news for you Supervisor, better check NYS Education Law:
The amount saved would go to the town fund balance, Town Supervisor Patrick Tyksinski said.
§ 259 (1). All moneys received from taxes or other public sources for library purposes shall be kept as a separate library fund by the treasurer of the municipality or district making the appropriation and shall be expended only under direction of the library trustees on properly authenticated vouchers, except that money received from taxes and other public sources for the support of a public library or a free association library or a cooperative library system shall be paid over to the treasurer of such library or cooperative library system upon the written demand of its trustees.You see, according to Education Law, once taxes are collected in support of a library, either by a municipality or a school, that money is due and payable on demand of the library board of trustees. The New Hartford Public Library Board of Trustees doesn't have to accept their money in quarterly payments like they have been receiving from the town for the past few years...they would be well within their right to ask for the entire $400,000 as soon as town taxes are levied.
According to a slide presentation that was prepared by the North Country Library System and annotated as being based on NYS Education Law derived from Public Library Law in New York State by Robert Allan Carter, July 2006, The University of the State of New York, The State Education Department:
Public funds designated for the library shall not be intermingled with other village or town funds but kept in a separate fund.
The library board of trustees has the right to have any or all funds from any or all public sources be paid over to the treasurer of the library board of trustees upon written demand.
Public funds designated to the library that have not been expended at the end of a fiscal year shall not revert back to the general village or town fund.
Public funds from any source shall be expended or invested at the sole discretion of the library board of trustees. The municipality that maintains the funds has no say over how or when library funds are expended or invested.So unless Supervisor Tyksinski decides to ignore NYS Education Law, none of the $400,000 that will be collected for the library in 2012 town taxes will be put in the town's general fund balance in 2012. In fact, if the Library Board of Trustees so directs the town, the library may very well be receiving the entire $400,000 of library taxes sometime in January 2012...just saying!
Supervisor also said in that same article:
The following year’s budget no longer would be allocating funding to the library. Tyksinski said that if that occurs, the change would amount to a tax reduction in his proposed 2013 budget.If you believe that, we have a bridge to sell you.
We will be posting tonight's Library meeting soon...we also have a few more revelations that might be of interest to the town, school and taxpayers before the library becomes a school district library!