Agenda 01/27/2015 Item #16D 6 1/27/2015 16.D.6.
EXECUTIVE SUMMARY
Recommendation to authorize the Collier County Public Library Staff to waive fines and
fees under specific circumstances and Board approved guidelines.
OBJECTIVE: To formally authorize Library Staff to waive overdue fines and fees within
specific circumstances and in accordance with Board approved guidelines.
CONSIDERATIONS: The Library has surveyed several other Library systems within the state
and has found that it is common practice for library staff to waive patron fines for overdue
materials, often without formal criteria. Collier County has followed a similar, informal policy,
and has waived fines when appropriate.
The County's Internal Auditor ("IA") noted in a recent audit evaluation that the Board has not
authorized the Library to waive any fines or fees. The IA recommended that `The Department
should have a written policy to provide guidance to employees for waiving fees,fines, or revenue
that is approved by the BCC."
Staff concurs with this recommendation and has developed the proposed attached policy.
Waivers or reductions in fines or fees may be made on a very limited basis at the discretion of
the Library Director, Assistant Director, building manager, or circulation manager in the event of
certain extenuating circumstances, which include:
• Natural disasters
• Family/medical emergency
• Library error
Each circumstance will be considered on a case-by-case basis to determine whether a waiver
should apply. The waiving of fines and fees is an unusual circumstance. Patrons who have had
fines or fees waived or reduced, either as a single act, or over a period of time, may be denied
further circulation and computer use services until fines and fees are paid
A building or circulation manager may authorize the waiving of fines or fees up to $5. A waiver
of fines or fees in excess of$5 may be authorized by the Library Director, Assistant Director,
Regional /Branch Manager, or supervisor on duty in the extraordinary circumstances, as
described above. Waivers shall not exceed $50.
Our library system has historically experienced a high rate of returned materials. Between Fiscal
Years 2007 and 2013 (seven years), 98.4% of materials checked out were returned.
FISCAL IMPACT: Approval of the proposed Waiver Policy should have limited fiscal impact
on the Library budget, since it has been the informal practice since Library Fines and Fees were
established.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - CMG
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approves the Library's
Fines and Fees Waiver Policy.
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1/27/2015 16.D.6.
Prepared By: Marilyn Matthes, Library Director
Attachment: Library Fines and Fees Waiver Policy, Ordinance 93-86
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.0.16.0.6.
Item Summary: Recommendation to authorize the Collier County Public Library Staff to
waive fines and fees under specific circumstances.
Meeting Date: 1/27/2015
Prepared By
Name: TibbettsKaren
Title: Administrative Assistant,Library
1/8/2015 3:41:10 PM
Submitted by
Title:Director-Library, Library
Name: MatthesMarilyn
1/8/2015 3:41:11 PM
Approved By
Name: MatthesMarilyn
Title:Director-Library,Library
Date: 1/8/2015 4:23:23 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 1/12/2015 9:56:58 AM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 1/14/2015 10:17:27 AM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 1/20/2015 1:11:41 PM
Name: GreeneColleen
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1/27/2015 16.D.6.
Title:Assistant County Attorney,CAO General Services
Date: 1/20/2015 2:43:57 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/20/2015 3:36:48 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/21/2015 1:13:18 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/21/2015 1:40:31 PM
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1/27/2015 16.D.6.
Library Fines and Fees:
Library fines and fees are not to be waived except in the most extraordinary circumstances.
Waivers or reductions in fines or fees may be made on a very limited basis at the discretion of
the Library Director, Assistant Director, building manager, or circulation manager in the event of
certain extenuating circumstances, which include:
• Natural disasters
• Family/medical emergency
• Library error
Each circumstance will be considered on a case-by-case basis to determine whether a waiver
should apply. The waiving of fines and fees is an unusual circumstance. Patrons who have had
fines or fees waived or reduced, either as a single act, or over a period of time, may be denied
further circulation and computer use services until fines and fees are paid
A building or circulation manager may authorize the waiving of fines or fees up to $5. A waiver
of fines or fees in excess of $5 may be authorized by the Library Director, Assistant Director,
Regional /Branch Manager, or supervisor on duty in the extraordinary circumstances, as
described above. Waivers shall not exceed $50.
If any fines or fees are waived, the waiver must occur before the fines or fees are paid. No
refunds of fines or fees will be given, except as described below.
The accrual and collection of Library Fines and Fees may be suspended during and after
unexpected library closings, caused by both natural and man-made disasters. This will be
applied to all accounts.
Library Administration will evaluate outstanding fines, fees, and loans annually in September.
Materials due three years prior to this date will be considered unrecoverable and will be
removed from the Library databases. Any fees associated with these items will be written off as
non-collectable. Library will follow procedures established by the Board of County
Commissioners to write-off unrecoverable debt.
Library Administration will consider sending any long-term overdue materials or debt to a
collection agency.
Material Refunds:
If an item that has been lost and paid is returned, a refund may be issued if the payment receipt
is retained. Refunds must be requested within 60 days of the payment, and the patron must
present the payment receipt.
Cash refunds are not given. Credit card charge refunds will be paid via a credit to the same
credit or debit card. Payments for lost materials made either in cash or by check will be
reimbursed by the Finance Department, Clerk of Courts, with a check issued within 60 days of
request for a refund.
Materials lost in excess of two years will not be accepted into the Library collection, and the
value must be reimbursed to the Library.
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• i
ORDINANCE 93-86
AN ORDINANCE AMENDING COLLIER COUNTY 0 L
, a5 6 ORDINANCE NO. 88-71 AND THEREBY PROVIDING ", --
w ,�T:,
/r"'� 8 FOR APPOINTMENT AND COMPOSITION; TERMS OF '�-,
�� �1 OFFICE; REMOVAL FROM OFFICE AND FAILURE TO :r . �"`
A R g. ATTEND MEETINGS, PROVIDING FOR OFFICERS, ',' ►4• 1
p����4 QUORUM, AND RULES OF PROCEDURE;
-+ REIMBURSEMENT OF EXPENSES; SETTING FORTH THE Tr
Q<��i w FUNCTIONS, POWERS AND DUTIES OF THE LIBRARY �',
�. +A ADVISORY BOARD; DUTIES OF THE LIBRARY n, �"
`�' V9� DIRECTOR OR DESIGNEE; REVIEW PROCESS;
at ern uot6$ PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier.
County, Florida, established the Collier County Public Library
and in September, 1957, the Governor of Florida appointed five
i
(5) individuals to serve as the first Library Advisory Board; .
and
WHEREAS, Chapter 71-14, Laws of Florida, provides that
members of the Collier County Library Advisory Board are to be
appointed by the Board of County Commissioners; and
WHEREAS, in January, 1973, the Board of County
Commissioners made its first appointments to the Library
Advisory Board; and
WHEREAS, Collier County Ordinance No. 86-41 established
standards for creation and review of County Boards including
the Library Advisory Board; and
WHEREAS, Collier County Ordinance No. 88-71 confirmed the
creation of the Library Advisory Board and established terms •
and conditions of membership on the Library Advisory Board; and
WHEREAS, Collier County Ordinance No. 92-44 amended
Collier County Ordinance No. 86-41; and
WHEREAS, it is appropriate that Collier County Ordinance
No. 88-71 be amended in certain respects to be consistent with
County Ordinance No. 86-4:Packet Page-470-'•
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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SECTION TWO. APPOINTMENT AND COMPOSITION
a) The Library Advisory Board (herein "Board"), shall
consist of five (5) members whieh who shall represent the five
,LSD, County Commission Districts.
b) Members of the Board shall be
appointed by and serve at the pleasure of the Board of County
Commissioners. Said members shall be permanent residents and
electors of Collier County.
c) Appointment of members to serve on the Library
Advisory Board shall be by resolution of the Board of County
Commissioners, which resolution shall set forth the date of
appointment and the term of office. Initial appointments to
thc Library Advisory Board shall be made from those members
presently serving on thc Library Advisory Board upon thc
effective date of this ordinance. If for any reason there is
anin3ufficicnt number of members from which to designate the
_ _ • _ _ • _ _ _ _ _ . _ tThe Board of County
Commissioners shall request and accept applications from the
general public to complete the initial appointments of members
serve as members of to the Board.
SECTION THREE. TERMS OF OFFICE
The initial terms of office of the Library Advisory Board
shall be as follows:
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a) Two (2) members will scrvc until December 31, 1990.
b) Three (3) members will serve until Dcccmbcr 31, 1988.
Thereafter, a1 Each appointment or reappointment shall
be for a term of four (4) years. A person shall not be
considered to have served a full term of office unless that
person has served at least two (2) years. All terms of office
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_� -.expire on the- 3-1st �aci .,� YGVG1..)er.
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the remainder of the unexpired term of office.
cl Notwithstanding the above, an individual may be
reappointed to the Board after a hiatus of at least two years.
SECTION FOUR. REMOVAL FROM OFFICE; FAILURE TO ATTEND
MEETINGS
Members of the Board serve at the pleasure of the Board.
of County Commissioners and Any member of the
Board may be removed from office by a majority vote of the
Board of County Commissioners. Members shall attend all
meetings of the Board and committees to which they may be
appointed. Anv°Board member who is absent for more than
one-half of the Board's meetings in a given fiscal year shall
be deemed to have tendered his or her resignation from the
Board. Should any Board member be absent from two (2).
consecutive Board meetings without a satisfactory excuse
acceptable to the Board chairman. the Board chairman shall.
state such fact at the next regularly scheduled Board meeting
and shall thereafter notify, in writing. the Administrative
Assistant to the County Commission of the Board member's
failure to attend without satisfactory excuse. A member of the
Board shall be deemed absent from a meeting when he or she is
not present during at least 75% of the meeting. No Board
member shall serve at any meeting after his or her position has
been declared vacant by the Commission.
•
b) If any member of the Library Advisory Board fails to
attend two (2) consecutive Library Advisory Board mcctinga
without a satisfactory excuse, er if a ill446. r io absent from
more than one half of the Library Advisory Board's meetings in
Q given year, the Library Advisory Board shall declare the •
mcmbcr'c ocat to be vacant and the vacancy Shall be filled by
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b) The presence of three (3) or more members shall
constitute a quorum of the Library Advi3ory Board necessary to
take action and transact business. In addition, an affirmative
vote of three (3) or more members shall be necessary in order
to take official action, regardless of whether three (3) or
more members of the Board are present at a
meeting.
c) The Board shall, by majority vote of
the entire membership, adopt rules of procedure for the
transaction of business and shall keep a record of meetings,
resolutions, findings and determinations.
SECTION SIX. REIMBURSEMENT OF EXPENSES
Members of the Board shall serve without
compensation, but shall be entitled to receive reimbursement
for expenses reasonably incurred in the performance of their
duties upon prior approval of the Board of County
Commissioners.
SECTION SEVEN. FUNCTIONS, POWERS AND DUTIES OF THE
LIBRARY ADVISORY BOARD
The functions, powers and duties of the Library Advi3ory
Board shall be as follows:
Al Act on behalf of the Board of County Commissioners to
establish policies of the Library Department including. but not
limited to, policies relating to materials acquisition and
circulation, collection development, and eligibility of
individuals for library services. Anv proposed policy that
directly affects members of the public must be reviewed and
approved for legal sufficiency by the County Attorney's Office.,
b) Review, invc3tigate and study 3pccial programs
relating to library policies.
��._a} b1 Act solely in Packet Pale-473 capacity to the Board of
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programs that will benefit the Collier County Library System.
d) Review and recommend to te-Beard-o`-Count- y
i
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d)„ c) The Library Advisory Board may adopt and aAmend as
appropriate the "Guidelines and Bylaws" to that govern the
operation of the Library Advisory Board, subject to final.
approval by the Board of County Commissioners.
SECTION EIGHT. DUTIES OF THE COUNTY LIBRARY DIRECTOR. OR
DESIGNEE
The dutiesr.of the County Library Director or his Ddesignee
shall be:
a) Administer the activities of the
Board in accordance with established policies of the Board of
County Commissioners and the guidelines., and by=laws, and
policies adopted by the Library Advisory Board.
b) Prepare the annual budget in accordance with the
Board's budgetary advice as specified in Section Seven,
Paragraph d b, above.
c) Provide periodic written reports to the Library
Advisory Board and the Public Services Administrator on the
activities of the Collier County Library System and its
finances in accordance with established guidelines., by-laws and
policies of the Board of County Commissioners or and the
Board.
d) Attend all Library Advisory Board meetings.
SECTION NINE. REVIEW PROCESS
The Library Adv_s__j Board shall be reviewed once every
four (4) years commencing with the year 1988, in accordance
with the procedures outlined in Ordinance No. 86-41., as
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• separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION THREE. EFFECTIVE DATE
This ordinance shall become effective upon receipt of
notice from the Secretary of State:that this ordinance has been
filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this �� day of
‘ ;./dc-i , 1993.
ATTESTis I . . ;; .
DWTgl'iT E:),BRtOCK, Clerk BOARD. OF COUNTY COMMISSIONERS
.,a;.: • co . COLLIER COUNTY, FLORIDA
A!- ... //. y.BURT L. SAUNDERS, Chairman
)roe, d, s to form and
legal thuf a iciency:
IM.: 1
Th mas C. Palms
Assistant County Attorney This ordinance filed with the
Secretary of Stot�e��ffi4�e
lda of� /
and acknowledgement of 1 at
filin received th'• - 4 /day
tcp/bd/6352 of ,/
By- z // s /.. ,
Deputy
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