The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6924

December 4, 1996

CITIES:

Determining the final annual budget of a city library

The library board of directors has the authority to determine the final annual budget of a city library established under 1877 PA 164.

Honorable Thomas H. Kelly

State Representative

The Capitol

Lansing, MI

You have asked if the library board of directors or the city council has the authority to determine the final annual budget of a city library established under 1877 PA 164, MCL 397.201 et seq; MSA 15.1661 et seq (the Act).

Section 1 of the Act authorizes a city council to establish a city library and to authorize a tax levy of up to one mill for library purposes. The voters may approve a tax increase for library purposes not to exceed one additional mill. Under section 2 of the Act, the mayor of the city, with the approval of the city council, appoints a five member library board to govern a city library established under section 1 of the Act.

Alternatively, a city library may be established under section 10a of the Act by initiative petition and a vote of the electors. The voters may authorize up to two mills to be levied for library purposes. Libraries established under section 10a of the Act are governed by an elected library board of six members under section 11 of the same statute.

For libraries established under section 1 of the Act, the Legislature has, in section 5 of the same statute, granted "exclusive control of the expenditure of all monies collected to the credit of the library fund" to the five-member library board. [Emphasis added.] The Legislature has made no provision for any budgetary oversight by the city council in the Act.

The commonly understood meaning of the term "exclusive" is excluding others from participation. Webster's Third New International Dictionary, Unabridged Edition (1964). It has been held that "exclusive control" in a statute relating to liquor licensing by an excise board of a city means control to the exclusion of the mayor and city council. Sanders v Nebraska, 34 Neb 872; 52 NW 721, 722-723 (1892). See also, Temple Independent School Dist v Proctor, 97 SW2d 1047, 1054 (Tex Civ App, 1936).

For libraries established by a vote of the people under section 10a of the Act, the Legislature has provided, in section 10a(3), with regard to raising library funds, the following:

If the free public library is established under this section, and a board of directors elected and qualified as provided in section 11, the board of directors on or before the first Monday in September in each year shall prepare an estimate of the amount of money necessary for the support and maintenance of the free public library for the ensuing year, not exceeding 2 mills on the dollar of the taxable property of the city. Unless any period specified in the petition for the levy of the tax has expired, the board of directors shall report the estimate to the legislative body of the city. The legislative body shall cause to be raised by tax upon the taxable property in the city the amount of the estimate in the same manner that other general taxes are raised in the city. [Emphasis added.]

This language makes it abundantly clear that it is the library board, and not the city council, that determines the amount of money to be raised for library purposes within the library tax rate approved by the voters.

The Michigan Court of Appeals has concluded that section 5 of the Act contemplates "an independent library board." Thus, the residency ordinance passed by the city council could not be applied to members and employees of the library board. Benton Harbor Library Bd v Benton Harbor, 99 Mich App 62, 65; 297 NW2d 619 (1980).

OAG, 1943-1944, No 24644, p 109 (October 1, 1942), reviewed the budget responsibilities of library boards for city libraries authorized under section 10a of the Act. Although there have been amendments to section 10a since OAG, 1943-1944, No 24644, supra, the basic responsibilities of the library board relating to budgeting for the support and maintenance of a public library have not changed. OAG, 1943-1944, No 24644, supra, concluded, at page 111, that:

[T]he proper interpretation of section 10a requires the council to levy a tax up to the full amount required, as disclosed by the budget submitted to it by the library board. [Emphasis added.]

It is my opinion, therefore, that the library board of directors has the authority to determine the final annual budget of a city library established under 1877 PA 164.

Frank J. Kelley

Attorney General