[Michlib-l] Holiday Bonuses
Membiela, Clare (MDE)
MembielaC at michigan.gov
Mon Oct 23 18:02:06 EDT 2023
Hello:
The question of holiday bonuses has been percolating on Michlib-L.
What a nice thought from libraries and Library boards! 😊
Since Michigan laws on the use of public funds prevent libraries from providing gifts for their staff, traditional bonuses that are basically gifts to staff may not happen. In addition, there are laws that prevent public employees and officers from receiving additional payment for services after the services are rendered. Bonuses could be considered “additional payment.” Budgeting for this compensation helps prevent this.
If the budget provides for this extra money for staff as part of staff compensation, then bonuses are likely possible.
If your board wishes to consider this for the current year, then a budget amendment may be necessary.
Incidentally, a donation from the friends’ group may also be tricky – especially if the library is a 501(c)(3)- which requires that donated funds be used only for public purposes – even if conditions are applied to the donation.
I would suggest that you consult with your library’s attorney for the best way for your library to manage this.
I hope this is helpful!
Sincerely,
Clare
Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
“If there is any fixed star in our constitutional constellation,it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion….” West Va. Bd. Of Ed. V. Barnette, 319 U.S., at 642.
The Michigan School Meals program allows for all public school students, grades Pre-K to 12, to eat breakfast and lunch for free. Learn more<https://www.michigan.gov/mde/services/food/michigan-school-meals>.
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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Sharon Crotser-Toy via Michlib-l
Sent: Thursday, October 19, 2023 10:57 AM
To: Eric Hansen <ehansen at vicksburglibrary.org>; michlib-l at mcls.org
Subject: Re: [Michlib-l] Holiday Bonuses
CAUTION: This is an External email. Please send suspicious emails to abuse at michigan.gov<mailto:abuse at michigan.gov>
Hi Eric,
I have some experience from a previous library’s practices. After several years our auditor informed the board it was not a legal use of public funds. I’ll be interested to read other responses.
Good luck,
-Sharon
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From: Michlib-l <michlib-l-bounces at mcls.org<mailto:michlib-l-bounces at mcls.org>> on behalf of Eric Hansen via Michlib-l <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Sent: Thursday, October 19, 2023 10:06:49 AM
To: michlib-l at mcls.org<mailto:michlib-l at mcls.org> <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Subject: [Michlib-l] Holiday Bonuses
Hello All,
My Board is interesting in providing holiday bonuses for staff. Are any of your doing this, and can you share your policies/procedures?
I will compile responses and share them with anyone who asks for a copy.
Best,
Eric Hansen
Director
Vicksburg District Library<http://www.vicksburglibrary.org/>
EHansen at VicksburgLibrary.org<mailto:EHansen at VicksburgLibrary.org>
269-649-1648
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