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NCompass Live
    “Intended Process” as Director-Facilitated Trustee Education:
                    Nonresident Fees Case Study


                                       Presented by Steve Fosselman,
                                                              Director
                                       Grand Island (NE) Public Library


George, now is NOT the time to be
reminding me how less painful things
were for you because you stuck to
the #%!*@$ “intended process”!
                                                          June 13, 2012
A process you intentionally plan and follow
   with the result of an informed decision
     without intense pain or too many
        "unintended consequences".


And how exactly do you
 propose to survive the
   winter after your
liposuction procedure?
The problem, in a nutshell:

After 40+ years of interlocal agreement between
the library and county, the county starts
experiencing budget problems after we report a
major bookmobile repair need. Despite good faith
negotiations by our library board to reduce
outreach (bookmobile) services while maintaining
free library cards, the county board unilaterally
breached this interlocal agreement for ALL library
services (bookmobile and free cards) for Hall
County residents outside of Grand Island.
Here are some approaches to making a complex
             decision at the board level:
1) Problem is presented, free-for-all at board meeting, lots of
   opinions, maybe some facts, make a decision, hope it
   works
2) Problem is presented, director provides professional
   judgment, then it is a free-for-all
3) Problem is presented, a process is mutually agreed upon,
   board holds several monthly sessions with no decisions
   made and board members freely commenting/questioning
   but reserving judgment, director facilitates through
   professional analysis at each meeting, and through the
   process real learning occurs and informed decisions are
   then made with fewer unintended consequences
Staying inside this box meets our community’s needs
           Staying inside this box meets                  Straying outside this box doesn’t
           our community’s needs                          meet our community’s needs




                                             Learning
                                           Organization
Some other benefits to choosing approach # 3 in our case study:
1)   Study sessions served as public hearings that were attended by several
     concerned citizens
2)   Director met with more patrons about this than all other issues COMBINED in
     past 21+ years, and almost all patrons went away with a better
     understanding of the library’s situation and options for them to contact
     county board members to address their concerns
3)   Public information was also disseminated in stages and through various
     means (including internet at www.grand-island.com/index.aspx?page=1018)
     so the public was well informed about the real problem and need for a library
     board solution
4)   While emotions were part of the process, they were balanced by the
     educational parts
5)   Undue influences kept to a minimum both inside the board room and out
6)   Other publics – staff, city admin, city council, county board – were well aware
     of each step of the process and had sufficient input
7)   This was a very transparent process, one leading our newspaper to conclude
     “County should not be surprised by library fee proposal” and “Up-front vote”
Local government should
always be this open,
deliberate and exacting …
because of the library
board’s process
George Ayoub, columnist,
Grand Island Independent,
March 17, 2010
Board Discussion Pertaining to Nonresident
Services in City’s Program Prioritization Process
Board Discussion Pertaining to Nonresident
Services in City’s Program Prioritization Process
Does it necessarily follow that
cities with local sales tax should
provide free cards to
nonresidents? The facts do not
bear this out.

• 20 libraries in cities over
  2500 had county funding in
  2007 (Grand Island
  excluded) – 75% of these
  libraries had out-of-county
  nonresident fees

• Overall, 77% of all libraries
  in cities over 2500 charged
  some form of nonresident
  fee in 2007
City Services (Budget) or County Services (Budget)
                  Some Examples

City of Grand Island Budget County Budget
Grand Island Fire           Rural Fire Districts
Grand Island Police         County Sheriff
Grand Island Public Works County Roads
Grand Island Parks          County Parks
Grand Island Public Library A county library is legally
           possible but not budgeted by County -
           service was through Interlocal Agreement
Objectives in making our March 2010 decision
 (these had been covered in one way or another
            throughout the process):
• First and foremost, our library cares for the library
  needs of every non resident, we have many non
  resident patrons who use the library regularly, and we
  have made every attempt possible to provide such
  service in accordance with an interlocal agreement

• Establishing a non resident fee is necessitated by the
  county’s breach of contract which has left us with no
  funding and no legal agreement to provide
  comprehensive library services to non residents
• In the absence of such a legal agreement, the mission
  of the Grand Island Public Library is fulfilled by state
  statute and city code in remaining forever free to the
  inhabitants of Grand Island, and extending service
  through fees

• Non resident user fees in the absence of such legal
  agreements are common in Nebraska and across the
  United States

• Non residents for our purposes are classified as those
  who do not inhabit the legal boundaries of Grand
  Island
• Grand Island Public Library wishes to remain a
  NebrasKard participant until further review, and so
  some non residents using our library will be covered
  by this statewide reciprocal borrowing agreement

• We have well-established the significant value of our
  library services

• The board desires to institute a household card fee as
  opposed to an individual card fee
• While the value of a household card fee can be
  reasonably computed at over $100, libraries in
  Nebraska as a business practice currently do not
  assess household fees at a higher rate than individual
  card fees

• After several possibilities were discussed, the board
  decide on a fee of $40 per household which is very
  reasonable fee for the service value and is only $5
  more than the fee charged in 2000 to out of county
  non residents (prior to NebrasKard)

• If/how non residents’ local sales tax might affect this
  resulting fee will not be computed
• Some limited exemptions from a non resident fee are
  reasonable

• The library is not obligated to cap its non resident
  revenue budget

• In the future, fees may not be necessary given several
  legal service models in place in state law that may be
  open for discussion; however the library will only
  entertain good-faith negotiations that include mutually-
  agreeable terms.
Nonresident Fees Case Study
Nonresident Fees Case Study
Nonresident Fees Case Study

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Nonresident Fees Case Study

  • 1. NCompass Live “Intended Process” as Director-Facilitated Trustee Education: Nonresident Fees Case Study Presented by Steve Fosselman, Director Grand Island (NE) Public Library George, now is NOT the time to be reminding me how less painful things were for you because you stuck to the #%!*@$ “intended process”! June 13, 2012
  • 2. A process you intentionally plan and follow with the result of an informed decision without intense pain or too many "unintended consequences". And how exactly do you propose to survive the winter after your liposuction procedure?
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  • 8. The problem, in a nutshell: After 40+ years of interlocal agreement between the library and county, the county starts experiencing budget problems after we report a major bookmobile repair need. Despite good faith negotiations by our library board to reduce outreach (bookmobile) services while maintaining free library cards, the county board unilaterally breached this interlocal agreement for ALL library services (bookmobile and free cards) for Hall County residents outside of Grand Island.
  • 9. Here are some approaches to making a complex decision at the board level: 1) Problem is presented, free-for-all at board meeting, lots of opinions, maybe some facts, make a decision, hope it works 2) Problem is presented, director provides professional judgment, then it is a free-for-all 3) Problem is presented, a process is mutually agreed upon, board holds several monthly sessions with no decisions made and board members freely commenting/questioning but reserving judgment, director facilitates through professional analysis at each meeting, and through the process real learning occurs and informed decisions are then made with fewer unintended consequences
  • 10. Staying inside this box meets our community’s needs Staying inside this box meets Straying outside this box doesn’t our community’s needs meet our community’s needs Learning Organization
  • 11. Some other benefits to choosing approach # 3 in our case study: 1) Study sessions served as public hearings that were attended by several concerned citizens 2) Director met with more patrons about this than all other issues COMBINED in past 21+ years, and almost all patrons went away with a better understanding of the library’s situation and options for them to contact county board members to address their concerns 3) Public information was also disseminated in stages and through various means (including internet at www.grand-island.com/index.aspx?page=1018) so the public was well informed about the real problem and need for a library board solution 4) While emotions were part of the process, they were balanced by the educational parts 5) Undue influences kept to a minimum both inside the board room and out 6) Other publics – staff, city admin, city council, county board – were well aware of each step of the process and had sufficient input 7) This was a very transparent process, one leading our newspaper to conclude “County should not be surprised by library fee proposal” and “Up-front vote”
  • 12. Local government should always be this open, deliberate and exacting … because of the library board’s process George Ayoub, columnist, Grand Island Independent, March 17, 2010
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  • 16. Board Discussion Pertaining to Nonresident Services in City’s Program Prioritization Process
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  • 28. Board Discussion Pertaining to Nonresident Services in City’s Program Prioritization Process
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  • 37. Does it necessarily follow that cities with local sales tax should provide free cards to nonresidents? The facts do not bear this out. • 20 libraries in cities over 2500 had county funding in 2007 (Grand Island excluded) – 75% of these libraries had out-of-county nonresident fees • Overall, 77% of all libraries in cities over 2500 charged some form of nonresident fee in 2007
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  • 39. City Services (Budget) or County Services (Budget) Some Examples City of Grand Island Budget County Budget Grand Island Fire Rural Fire Districts Grand Island Police County Sheriff Grand Island Public Works County Roads Grand Island Parks County Parks Grand Island Public Library A county library is legally possible but not budgeted by County - service was through Interlocal Agreement
  • 40. Objectives in making our March 2010 decision (these had been covered in one way or another throughout the process): • First and foremost, our library cares for the library needs of every non resident, we have many non resident patrons who use the library regularly, and we have made every attempt possible to provide such service in accordance with an interlocal agreement • Establishing a non resident fee is necessitated by the county’s breach of contract which has left us with no funding and no legal agreement to provide comprehensive library services to non residents
  • 41. • In the absence of such a legal agreement, the mission of the Grand Island Public Library is fulfilled by state statute and city code in remaining forever free to the inhabitants of Grand Island, and extending service through fees • Non resident user fees in the absence of such legal agreements are common in Nebraska and across the United States • Non residents for our purposes are classified as those who do not inhabit the legal boundaries of Grand Island
  • 42. • Grand Island Public Library wishes to remain a NebrasKard participant until further review, and so some non residents using our library will be covered by this statewide reciprocal borrowing agreement • We have well-established the significant value of our library services • The board desires to institute a household card fee as opposed to an individual card fee
  • 43. • While the value of a household card fee can be reasonably computed at over $100, libraries in Nebraska as a business practice currently do not assess household fees at a higher rate than individual card fees • After several possibilities were discussed, the board decide on a fee of $40 per household which is very reasonable fee for the service value and is only $5 more than the fee charged in 2000 to out of county non residents (prior to NebrasKard) • If/how non residents’ local sales tax might affect this resulting fee will not be computed
  • 44. • Some limited exemptions from a non resident fee are reasonable • The library is not obligated to cap its non resident revenue budget • In the future, fees may not be necessary given several legal service models in place in state law that may be open for discussion; however the library will only entertain good-faith negotiations that include mutually- agreeable terms.