Second confab set to debate library millage rate

By David Hohendorf

Birmingham City Manager Jana Ecker and Baldwin Public Library Director Rebekah Craft, along with legal counsel for both organizations, will be holding a second meeting on Thursday, May 8, in hopes of resolving a long-standing dispute about which organization has legal authority to set the annual tax millage rate for the library.

The issue of the millage rate became a topic of debate following a suggestion by the city manager at the March 24 city commission meeting that if the library would lower its millage rate in the future, then it could eliminate most of the overall increase in local tax bills to underwrite proposed bonds that will be on the November ballot for construction of a community and senior center which would house the Next and YMCA organizations. Library officials at the meeting objected to the proposal, arguing that the city was treating the library as a department of the city rather than an independent library.

Officials first met on April 17 to discuss the issue, with the city represented by attorney Tracy Gaudenzi of the Beier Howlett firm and the library represented, via Zoom, by Anne Seurynck of the Foster Swift law firm.

At the first session, according to a memo Craft gave to the library board to recap the meeting, both sides in the dispute continued to maintain their positions so it was agreed that written supporting documents would be the topic of the May meeting.

The library board on Monday, April 21, approved a request by Craft to have the library’s attorney outline in writing its arguments and submit those to the city.

Craft’s memo to the library board suggested that both the city and library were attempting to settle the issue without having to go to court. However, at the library board meeting this past week, the board members seemed firm in their positions, although no one suggested the library would sue the city, which is an option to settle the debate.

In basic terms, the city argues that the library is governed by the city charter, while the library claims it is independent of the city based on state law, PA 164(10a), which gives autonomy to the library. There is also legal precedent establishing that state law supersedes city charter provisions

The library in the past has lowered its millage rate at the suggestion of the city commission but library officials at the March city commission meeting said that past requests by the city to control the millage rate were a violation of state governing law.