Library to consult attorney over Wayne County penal fines

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.
At the regular meeting of the Belleville Area District Library Board on Dec. 10, library director Mary Jo Suchy said the library has recently been informed that it has been overpaid $139,087.48 over the last ten years and needs to pay it back.
She said representatives from the Library of Michigan met with library directors in Wayne County regarding their proposed solution to the underpayments and overpayments. Their goal is to have a solution that is fair and equitable to all of the libraries involved, Suchy said in a written report.
“Our library has been both over and underpaid over the past ten years, however, our total overpayment is $139,087.48,” she said.
The Library of Michigan proposes a repayment schedule where the owing libraries apply their future penal fine revenue to their overpayment and the Belleville overpayment would be completely paid off in four years.
“We could also opt to repay all of the money at once, and we definitely have enough revenue in our fund balance account to accomplish this,” she said.
As time goes on, the libraries who are owed penal fines would be made whole.
In order to move this solution forward, the Library of Michigan strongly encourages that the libraries involved participate in a settlement agreement and the Library of Michigan would need an affirmation from the Belleville library by Jan. 31, 2025 if they wish to pursue the agreement.
The Library of Michigan also highly recommends that libraries involve their attorneys in this process and Suchy said the Library of Michigan has a list of attorneys knowledgeable in the situation that could be hired.
Suchy said Belleville is going to get an attorney.
She said there are 25 or 26 libraries in Wayne County. One library noticed a problem a couple of years ago and it was investigated.
“How do we know that is the correct figure now?” asked board member Dan Fleming.
Treasurer Tonya Stoudemire said that Wayne County is liable for making the mistake and Suchy said that all the libraries could get together on that.
Suchy said Belleville usually received about $36,000 annually in penal fines.
Board members decided to look into the situation and get more information before making a decision at the next regular meeting at 7:30 p.m., Jan. 14.
Suchy said she could get someone from the State Library to come out and talk to the library board.
The State of Michigan website notes: 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.
In other business at the 42-minute meeting, the board:
• Honored board member John Juriga for his hard work and levity since this was his last meeting after not running for reelection. The board presented an artist’s sketch of him as a going-away present and had a special cake prepared to share. Dr. Maria Jackson-Smith has been elected to his seat and will be sworn in at the meeting on Jan. 14. Juriga said he was a Boy Scout and his first badge was Camping. He said he learned always to leave the campground better than you found it, and that’s what he tries to do;
• Set meetings for the year on the second Tuesday of the month at 7:30 p.m., except for the November meeting, which will be switched to Nov. 18 because of Veterans Day falling on the second Tuesday;
• Set the dates when the library will be closed in 2025, which includes New Year’s Day, Martin Luther King , Jr. Day on Jan. 20, Easter Sunday on April 20, Staff Training Day on April 25, Memorial Day on May 26, Independence Day on July 4, Labor Day on Sept. 1, Veterans Day on Nov. 11, Thanksgiving Day and the day after, Nov. 27 and 28, Christmas Eve and Day on Dec. 24 and 25, and New Year’s Eve on Dec. 31. Board member Juriga asked if the Juneteenth holiday could be added. Suchy said they leave the library open, but plan special programs to observe that federal holiday. Treasurer Stoudemire said she liked the library being open and having a program;
• Heard Suchy report that she spoke with O’Neal Construction who will start meeting with contractors and putting together quotes for the automated doors and vape detectors in the public restrooms and for the installation of black stair treads on the circular stairs. The replacement flagpole light is on order, but there is a long lead time for that part, so that project will need to wait until the weather starts to improve in the spring, she said;
• Learned Ronda Reed with be retiring at the end of the year after 18 years of service. Carol Johnson will also be retiring in the near future, pending the sale of her house to move out of state. She has been with the library since 2004. Suchy said these two will be greatly missed; and
• Was advised the Friends of the Library are selling honey from the beehives on the library roof. Cost is $10 per jar, with a limit of three per customer.
Absent from the meeting were chairwoman Sharon Peters and secretary Alma Hughes-Grubbs. Vice chairwoman Linda Priest presided.