School building and land converting to Library

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Re: School building and land converting to Library

Postby rimfireOH » Fri May 25, 2018 12:04 pm

If I ever find the right person and they don't shut me down, what's the question I'm going to ask?

Under what portion of the ORC is this Library chartered?

Or is it organized? Is that the right way to approach it? What are we trying to find out?

If my emails are being ignored, should I work up enough courage to pose the question(s) in an open Library Board meeting?
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Re: School building and land converting to Library

Postby JediSkipdogg » Sat May 26, 2018 4:52 pm

I would simply ask who "owns" the library. Tell them you don't want to know who operates it, but who owns it. Ask if it is owned by Cleveland Heights, XXX board of education, XXX county, etc. Come up with a full list of possibilities.
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Re: School building and land converting to Library

Postby docachna » Sun May 27, 2018 2:04 pm

rimfireOH wrote:...If my emails are being ignored, should I work up enough courage to pose the question(s) in an open Library Board meeting?


I think you need a lot more facts before you can confront anyone about anything. Until you know who owns it, you don't know how the O.R.C. applies. My guess is that the more you inquire about ownership, the more concerned they will get, and will start grilling you on "why you want to know".

"Research on libraries and their operation."

Completely true. :)
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Re: School building and land converting to Library

Postby MyWifeSaidYes » Tue Jun 12, 2018 9:19 am

R.C. 3375.14 permits a school district to CONTRACT WITH an existing public library system.

This is from the library's 2016 financial report, available on their 'About the Library' page:

REPORTING ENTITY

The Cleveland Heights–University Heights Public Library is organized under Ohio state law as a school
district public library. A seven-member board of trustees governs the Library. One member is appointed
each year by the local board of education for a seven-year term. The taxing authority for the school
district public library is the Board of Education, but the Library operates under a separate budget with
funds derived primarily from the Ohio Public Library Fund and four property tax levies totaling 10-mills.

Under the provisions of Statement No. 14 of the Governmental Accounting Standards Board (GASB),
“The Financial Reporting Entity,” and GASB Statement 61, “The Financial Reporting Entity: Omnibus,
the Library is considered to be a related organization of the Cleveland Heights-University Heights City
School District.”


So, much like fairgrounds that are usually owned by the county but managed and operated by a agricultural society/fair board, this library system may be 'self-owned' (and apparently 'self-funded') but managed and operated by the BOE.

If they are truly independent and own the park themselves, I would argue that they do not have the ability to post the park.

I think they are NOT owned by the school district, but I would not carry in that park until ownership could be proven.
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Re: School building and land converting to Library

Postby rimfireOH » Sat Jun 16, 2018 5:47 am

So it turns out there are a number of different kinds of libraries in Ohio. From what I gather, the CH-UH Public Library is a 3375.15 School district free public library, independent of the School District. On that basis, the Library Board would not be permitted to post the park.

There is a non-public school in the building, however, on the same parcel as the park. Does that mean that the entire parcel is a school safety zone? Here's 2923.1212(B):
(B) The following boards, bodies, and persons, or designees, shall post in the following locations a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to Ohio Revised Code section 2923.122, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance into a school safety zone.":

(1) A board of education of a city, local, exempted village, or joint vocational school district or that board's designee in a conspicuous location in each building and on each parcel of real property owned or controlled by the board;

(2) A governing body of a school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code or that body's designee in a conspicuous location in each building and on each parcel of real property owned or controlled by the school;

(3) The principal or chief administrative officer of a nonpublic school in a conspicuous location on property owned or controlled by that nonpublic school.


That nonpublic school seems to be allowed to post "property owned or controlled by that nonpublic school". The nonpublic school in this instanced is a tenant (they rent), so they don't own the property. And I don't think they want to claim that they control the park.

Can someone please check my logic and the law? I think I'm back to the beginning: this Library can't post this park.
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