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Library Department recommending the Board waive the collection of outstanding overdue fines and fees, as identified in the attached Discharge of Accountability Report, in the amount of $284,703 of past overdue fines, pursuant to Government Code Sections 25257 to 25259, waiving the collection of outstanding fines and fees to reflect El Dorado County’s Fine Free Library System as established with Resolution 212-2024.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
On December 2, 2024, Legistar file 24-1150, the Board to directed staff to return to the Board with a discharge accountability for the Library to collect past overdue fines. The Board’s authority to discharge accountability of debts is based on California Government Section Code Section 25257 to 25259, “any department, officer, or employee of a county charged by law with the collection of any county or district tax assessment, penalty, cost, license fees, or any money, which is due and payable to the county or district for any reason, may apply to the board of supervisors for a discharge from accountability for the collection thereof if the amount is too small to justify the cost of collection, the likelihood of collection does not warrant the expense involved, or the amount thereof has been otherwise lawfully compromised or adjusted.”
There is currently $284,703 in outstanding overdue fines, from almost 34,000 library users, many of which are as low as $0.25, and of this amount more than 50% are from five or more years ago. Due to the age of the majority of the fines, it is unlikely that the Library Department will be able to collect these outstanding overdue fines, and the expense of the collection does not justify the cost of attempting to collect the outstanding fines. The Board approved the El Dorado County Library going fine free in December 2024, which ended any new overdue fines being accrued with the outstanding overdue fines remaining uncollected after six months. Further, outstanding overdue fines create barriers for vulnerable populations to access library resources and can prevent the return of long overdue library items.
Per Government Code 6267, all patron use records of any library which is in whole or in part supported by public funds shall remain confidential and shall not be disclosed by a public agency. The attached report identifies the outstanding overdue fines by patron using a deidentified number to ensure compliance with Government Code 6267.
None of the listed accounts are in collections. Accounts sent to collections follow a different process.
ALTERNATIVES
Should the Board decline to discharge accountability for fines and fees eliminated with Resolution 212-2024, it would result in continued barriers for affected patrons to access Library resources.
PRIOR BOARD ACTION
December 3, 2024, Legistar file 24-1150, the Board adopted and authorized the Chair to sign Resolution 212-2024, revising the library fines and fees schedule to end fines for overdue items and update replacement cost charges; and, directed staff to return to the Board with a discharge of liability request to waive the collection of outstanding overdue fines and fees that had been eliminated with the above Resolution.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
N/A
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no increased Net County Cost associated with the discharge of accountability for these accounts. The fines have not been factored into fund balance and are no longer associated with projected revenues.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Strategic Innovation
CONTACT
Bryce Lovell, Director of Library Services