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April 12, 2011

Judge asks for more information in suit challenging transfer of Somerville library to county system

http://www.c-n.com

Apr. 11, 2011
STEPHEN REED,STAFF WRITER
SOMERVILLE — A lawsuit arguing that the Borough Council wrongly voted to meld the municipal library into the county library system is still winding its way through the courts, and lawyers for both sides appeared before a judge Monday to present their cases.

Superior Court Judge Yolanda Ciccone ordered the borough to file more information by May 20, participants said.

The attorney for Rande Aaronson, a former president of the library board of directors who filed the suit in September, then has until June 20 to file a response. Another hearing the in library suit will follow those filings.

Ciccone wanted more information about a state statute cited by Michael Shapanka, Aaronson's attorney, participants said. Shapanka's case relies on two laws that he says require local control of the library — and its continued support with municipal taxes.

"She was trying to clarify what the issues are, as opposed to getting rid of — my words — the fluff within the case," said Mayor Brian Gallagher, who attended Monday's hearing.

Shapanka has asked the court to void the borough's actions that made the library a branch of the county system. He also has asked the court to require the borough and county to "unwind" the existing agreement.

The suit asserts that the borough must hold a public referendum if it wants to put an end to the municipal library as an independent institution. The library was created by public referendum in 1912.

The library began operating as a branch of the county library system in January, and the employees have joined the county payroll. Library taxes now are assessed separately from municipal taxes on residents' tax bills.

The borough voted to make the financially struggling library a county branch after a special task force found that doing so would save taxpayers money — a finding that Aaronson has disputed.

Herb Hall, the president of the library board of directors — which continues to exist to administer about $500,000 in library assets for the improvement of the library — said the hearing showed that greater clarity is needed in state law.

The governor and Legislature should update library laws to meet today's technological and financial challenges, he said.

"Failure to do that means protracted court proceedings will continue in Somerville and elsewhere," Hall said.

Although Aaronson said he filed the case only to settle a local issue, he said it now stands to have a wider impact.

"It has turned into a case that is significant for the future of libraries in the state of New Jersey," he said.

Stephen Reed: 908-243-6609; sreed@njpressmedia.com

Posted by tumulty at April 12, 2011 5:18 AM

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