[PL-Directors] Josephine County withdrawal requests

[CORNELISEN Wendy * SLO]

To the Oregon library community:  



You may be aware of efforts in Josephine County to withdraw properties from the tax rolls<https://www.opb.org/article/2023/12/07/southern-oregon-coast-county-allows-residents-opt-out-paying-library-tax/> of Josephine Community Library District (JCLD)<https://josephinelibrary.org/>. This action is an unprecedented attempt to undermine the most stable funding source available to public libraries in Oregon. As a result, the State Library is monitoring the situation closely and taking appropriate actions, as these efforts could reverberate to libraries outside Josephine County, and potentially to other types of government services.



Public libraries in Oregon can be funded through several tax mechanisms, including city, county, and district taxes. JCLD is a special district library, which is a completely independent government entity with its own permanent, dedicated tax funding and elected governing board. Unlike a city or county, a special district government is formed to carry out a single governmental function, such as library service. Other types of districts provide fire protection, water, parks and recreation, emergency medical services, or several other functions.



Together with similar entities called county service districts, special districts are the most sustainable way to fund public libraries in Oregon. With their permanent tax rate and dedicated governing board, special district libraries are less likely to be subject to some of the pressures evident in city or county budgets. Over half of the 4.2 million people in Oregon get their library services funded in whole or part by a special or county service district. We provide more information about library districts on our Library Service in Oregon guide<https://libguides.osl.state.or.us/libraryservice/districts>.



Withdrawing a property from a district’s tax rolls means the library will no longer receive taxes from the owners or renters of that land. The Oregon Revised Statutes (ORS) provide for the withdrawal of property from a taxing district “if it has not been, or is not or would not be, feasible for the territory described in the [withdrawal] petition to receive service from the district” (ORS 198<https://www.oregonlegislature.gov/bills_laws/ors/ors198.html>.870(4)). This statute is being cited in the withdrawal requests in Josephine County.



The withdrawal provision has clear application for districts that provide services directly to a property, such as a fire, water, or irrigation district. If a water district is unable to provide water to a property, it may be unfair to require the people who own or rent that property to pay taxes to the district. There are also instances where a library district may not be able to serve a property. The only example in Oregon of a landowner-initiated withdraw petition from a library district was when uninhabitable forestland was removed from the Lane Library District in 2005.



The efforts in Josephine County concern us at the State Library because they appear to be expanding the withdrawal provisions of ORS 198 beyond whether it is feasible for the library district to serve people who own or live on the properties in question. Instead, these withdrawal requests are being debated on the grounds of whether the property owners choose to use the library or whether they feel they benefit from the library’s services. This interpretation of ORS 198 sets a dangerous precedent and provides a troubling weapon to wield by those who attack libraries.



JCLD is pursuing legal action<https://www.ijpr.org/law-and-justice/2023-12-11/josephine-community-library-pursues-legal-action-after-residents-opt-out-of-tax-district> after the Josephine Board of County Commissioners approved a request to withdraw from the library district at the Board’s December 6, 2023, meeting<https://cms9files.revize.com/josephinecountyor/120623%20WBS.pdf>. The State Library is not involved in that litigation. Given the wide-ranging implications for public libraries in Oregon, we are investigating whether the withdrawal provisions in ORS 198 are being applied as intended. We are communicating with both the State Archives and the Department of Revenue, which are responsible for processing such requests. We are also working with the Special Districts Association of Oregon<https://www.sdao.com/> and the Oregon Department of Justice to ascertain the legal basis for removing a property from a library or other type of district.



At the State Library, we see the great work happening in public libraries across the state. The positive impacts of that work ripple far beyond those who directly use the library. Public libraries are sources of knowledge and resources, community centers, early literacy educators, closers of the digital divide, and so much more to their communities. At a time when libraries and library workers are being attacked, we are inspired to see people of all backgrounds and creeds come together to support their local libraries. The State Library of Oregon encourages local communities to band together to protect libraries from efforts to undermine the legal and policy infrastructure that makes their work possible.

 

Sincerely,

Wendy Cornelisen (she, her, hers)
State Librarian
State Library of Oregon
wendy.cornelisen at slo.oregon.gov<mailto:wendy.cornelisen at slo.oregon.gov>
Office: 503-378-4367| Mobile 971-375-3992
www.oregon.gov/library<http://www.oregon.gov/library>
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[Title: State Library of Oregon]


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