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Library Day takes on new importance after recent Supreme Court ruling

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By Dave Mistich

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March 8, 2013 · Library Day at the Capitol took on a new level of importance this session after a recent ruling by the state Supreme Court over the funding of Kanawha County Public Libraries. As that ruling may have ripple effects on other libraries around the state, supporters hoped to send a message to lawmakers on Thursday.

 

Two weeks ago, the West Virginia Supreme Court ruled that the Kanawha County Board of Education was not obligated to provide funding to the county library system. That ended a decade-long dispute between the two agencies. Money provided by the school board currently makes up about 40 percent of the Kanawha County Public Library's $8 million annual budget.

 

Kanawha County Public Library Director Alan Engelbert explained the ruling and what the organization hoped to accomplish at the Capitol Thursday.

 

“The Supreme Court said that requiring boards of education to fund some libraries and not others is not constitutional. So, one of the obvious solutions would be to say, ‘Let’s have all boards of education contribute to the funding of a library,’” said Engelbert.

 

“Our funding was approximately 1.25 percent of the Board of Education’s total operating revenue. We have a bill that’s going to be introduced that would fund libraries across the state at one percent of board of educations’ operating revenue. Obviously, that would cost Kanawha County Public Library quite a bit of money. However, it would continue guaranteed funding and it would improve library services throughout the state,” he added.

 

Yet it’s not just the state’s flagship library system that might be affected by the Supreme Court ruling. In 1957, legislation was enacted to require nine county boards of education to divert a portion of their regular levies to support their local public libraries. Those counties also include Ohio, Tyler, Berkeley, Hardy, Harrison, Raleigh, Upshur and Wood.

 

School boards in these counties had been required to give three cents for every 100 dollars in assessed property to their local public library. Libraries, themselves, do not have the authority to levy a tax the way a board of education can.

 

Dottie Thomas, Director for Ohio County Public Libraries said her organization has been funded by a local Board of Education levy since 1882. Given the recent court ruling on Kanawha County’s funding, Thomas and her staff are understandably worried.

  

“If we receive none of that funding back it will definitely impact our operating hours, the hours we’re open, the programming we can do, our collections—how much we can spend for library materials—and it will also cause a reduction in staff by about 40 percent,” said Thomas.

 

Thomas said she and her staff are waiting to hear from their local school board on the matter. However, not all of the nine county library systems are worried. Jennifer Armistead, Director of the Clarksburg-Harrison Public Library said that her library and others in the county have already been contacted by their board of education.

 

“In Harrison County there are five different libraries that benefit from dedicated funding. They are Clarksburg-Harrison, Bridgeport, Lowe Library, Nutter Fort, and Southern Area,” said Armistead.

 

“If we were to lose that funding, it would just be devastating. It ranges from 20 to 40 percent of our various budgets. Fortunately, our school board has been very supportive. They have contacted us and let us know that they intend continue funding us, for which we are extremely grateful.”

  

While some counties are still waiting for a decision from their local board of education and others have been assured not to worry, Engelbert and the rest of Kanawha County Public Libraries are already feeling the effects of the Supreme Court’s ruling.

 

 “We’re having to make decisions on databases and reference tools all manner of—The West Virginia Book Festival takes place in October, but we need to sign contracts for facilities and authors and all those kinds of things right now. So, we’re having to evaluate those things right now,” said Engelbert.

 

Engelbert said the library has been in talks with the Kanawha County Board of Education about sustaining some type of funding. It remains unknown if the school board will continue to fund them through the current fiscal year.

 

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