Let library issue go on May ballot

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3:54 PM Friday, January 29, 2010

First, let’s make one thing clear: Middletown City Council, or any other elected body, should use “emergency” legislation sparingly.

As the name implies, emergency legislation — which can be adopted with only one public reading and takes effect immediately — should primarily be reserved for times that an unexpected, urgent situation arises that requires immediate action by council. In the past, we’ve been critical of cavalier use of emergency legislation because it can limit the public’s ability to study an issue and to give its elected officials feedback. Too often, it’s been used as a shortcut.

That said, we think Middletown City Council should approve emergency legislation on Tuesday, Feb. 16, to place a tax issue for Middletown Public Library on the May ballot. (The city of Middletown is the taxing authority for the library, and thus City Council action is required for a ballot issue.)

We’re concerned about the library issue because council’s two youngest members — A.J. Smith and Josh Laubach, both seated earlier this month — were strident in their opposition to emergency legislation at council’s Jan. 19 meeting. As we have noted, we agree in principle with their stand but we believe, as they gain more experience, they will learn that the use of emergency legislation is warranted at times. This is one of those times.

In fairness to the current administration, City Manager Judy Gilleland and Law Director Les Landen have been diligent in mapping council’s calendar and trying to avoid the use of emergency legislation. Other members of council made the same point during the Jan. 19 meeting, and we agree that the current administration can hardly be accused of overusing emergency legislation — which brings us to the library issue.

At council’s meeting Tuesday, Feb. 2, library director Doug Bean will present legislation for the tax issue to council members and then ask them to pass it as an emergency at their Feb. 16 meeting. The window for council action is so narrow because the deadline for tax issues for the May ballot is Feb. 18.

The library plans to ask voters to approve a $3 million tax levy to offset deep cuts in state funding last year that led to staff cuts and curtailing operating hours. If the tax issue passes, Bean has said he hopes to restore the library’s former operating hours and other services.

If council cannot muster six votes to adopt the emergency legislation on Feb. 16, the issue will not go on the May ballot.

Given the news coverage that the library tax issue has already garnered, we would suggest that council members who are concerned about emergency legislation consider the Feb. 2 meeting to be the first reading of the measure. Community members who want to offer opinions about the library issue should speak up at the Feb. 2 meeting. And of course, the Feb. 16 meeting will also be an opportunity for the public to give council feedback.

In this case, we think the needs of the library, one of the city’s best amenities, outweighs the legitimate concern about overuse of emergency legislation. Voters should not be denied the opportunity to provide the library additional financial support in May if they so choose.

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