Libraries ask Wayne County to pay for audit of 10 years of penal fines

Representatives of the Belleville Area District Library attended a recent meeting at the Romulus Library where they were invited to discuss owing money for penal fines they were given by the state.
In December, the Belleville library was informed it has been paid $139,087.48 too much over the last ten years and needed to pay it back. The problem was that the Wayne County Treasurer’s office had been using the wrong percentages.
The Library of Michigan had set a Jan. 31 deadline for libraries to say whether they would accept the proposed agreement.
At the regular meeting of the Belleville Area District Library Board on Jan. 14, library director Mary Jo Suchy reported to the board that she and board president Sharon Peters attended the Romulus meeting.
Although the mistakes made at the Wayne County level over ten years that went on to the state level had some libraries getting too much money for penal fines and some getting too little, those at the Romulus meeting were just those that were being asked to give money back to the state.
No interest has been mentioned, she said.
Director Suchy said the consensus was that the owing libraries were working toward a settlement, not agreeing to the state’s proposed agreement.
She said the consensus was that Wayne County should conduct an audit of those penal fines to make sure they are correct.
Suchy said the state agreement would withhold upcoming penal fines over a period of years and the overages would be paid off that way. Or, she said, Belleville has enough money to just pay it off all at once, if the board decides to do so.
Suchy presented each board member with a huge packet of information on the penal fines for all the libraries over the past ten years.
She said the initial proposal is from the Library of Michigan. But, some at the meeting said the statue of limitations is six years.
Board member Joy Cichewicz, who also is a library director in Ypsilanti, asked if the county has no responsibility for this mistake?
Board president Peters said at the meeting the Plymouth librarian brought forward the idea of responsibility.
Peters said she brought up the idea that the mistake should be shared fiscally by Wayne County.
“None of the libraries in Wayne County are responsible for this problem,” Peters said.
It was noted that the Detroit Public Library may be separated from the problem.
Newly sworn-in library board member Dr. Maria Jackson-Smith asked how this happened.
Suchy said it is her understanding that the courts with circuit courts had their penal fines distributed at their courts instead of putting it in the big state library pot for distribution countywide.
Suchy said all the discussions are in the early stages but the consensus is for the libraries to consider the state agreement, the county has to pay for an independent audit.
“There’s no guarantee this won’t happen again,” Cichewicz said. “It is their responsibility.”
Peters said some of the libraries don’t think their numbers from the state are correct.
“This is a good first step,” said board vice president Linda Priest.
Cichewicz made the following motion, which was seconded by treasurer Tonya Stoudemire and passed unanimously:
“Motion to participate in a settlement solution facilitated by the Library of Michigan that addresses the miscalculation of penal fines by Wayne County, provided that:
• Wayne County agrees to pay for an independent auditor to review all payments to the Wayne County Treasurer from the Courts and all payments to the Wayne County Libraries to determine the accurate penal fine disbursement numbers from 2014 through 2024;
• And, to provide copies of the completed audit to the Wayne County Libraries and to the Library of Michigan.”
The State of Michigan website explains: Michigan is the only state that constitutionally mandates the use of penal fines as a funding mechanism for libraries. Michigan has enacted statutes requiring that all fines collected for violations of the state penal laws are paid to the local county treasurer. The courts determine the percentage of each fine/fee that comprise “penal fines” and the percentage of each fine/fee that comprise court “costs.” The county treasurer receives the penal fines collected by the courts in that county. The county treasurer then distributes those penal fines to eligible libraries within that county on a per-capita basis using service population numbers supplied by the Library of Michigan.
There are 25 or 26 libraries in Wayne County and this all started when one of the libraries noticed the problem a few years ago and investigated, Suchy said.
About a decade ago, someone with institutional knowledge retired from Wayne County and since then the libraries in the county have been overpaid and underpaid in court penal fines because the needed percentages being used were wrong.
Peters said, “It will be interesting negotiating with Wayne County.”