Continuation given for hearing on Moniteau library issues

A beautiful blue awning is installed at the Moniteau County Library @ Wood Place on Thursday, Aug. 8, 2013.
A beautiful blue awning is installed at the Moniteau County Library @ Wood Place on Thursday, Aug. 8, 2013.

Special Judge Donald Barnes ordered Thursday's Moniteau County Circuit Court hearing concerning issues related to library service in Moniteau County to be continued.

The objective of Thursday's hearing was to deal with a motion by Receiver Ralph Gaw to "determine allowability and priority of claims." The claims, according to information provided during the hearing, were for payments reportedly owed to a technology firm and three employees of the Moniteau County Library District operating out of what was previously the Wood Place Library in California.

Since Barnes dissolved the library district in late February, saying it was not created legally, the California library facility closed March 1, then reopened May 22 with limited hours as the Wood Place Library, funded by the Elia Wood Paegelow Foundation.

The Price James Library in Tipton has continued to operate, supported by Tipton's city government.

At Thursday's hearing, Barnes determined not only were none of the claimant parties present or represented but there were several new filings in the case. The judge asked if the Moniteau County Library District attorney was present and was informed since the district had been declared dissolved, it no longer had any representation.

Attorney John Kay represented the Elia Wood Paegelow Foundation, the Friends of the Wood Place Library and the Kenyon Latham Book Fund with a motion objecting to the receiver's motion to establish priority of claims. Attorney Stephen Sokoloff represented William Larry Carpenter, mayor of Clarksburg, seeking a motion to a class action to recover taxpayers' money. The city of Tipton was represented by Kent Brown and Judith Ann Willis.

Barnes ordered Carpenter to file a brief detailing his standing to seek class action in this case on or before July 5. All other parties are to make any responses on or before July 14. The hearing was continued with the new date set for July 21.

The problem dates back more than 20 years. Moniteau County originally had no public library district. Instead, it worked with the Wood Place Library in California and the Price James Memorial Library in Tipton. In 1996, county commissioners created a public library district with eastern and western subdistricts, setting a property tax rate voters in each district had to adopt.

The western subdistrict was defined by the borders of the Tipton, Latham and Clarksburg public school districts. The eastern subdistrict covered the rest of Moniteau County. Only the western subdistrict approved the tax. In 2004, a vote inside California's city limits approved a library tax.

In December 2013, the library board accepted a donation of California's Wood Place Library and renamed it as the Moniteau County Library at Wood Place. A lawsuit was filed in October 2015 arguing state law required voters in each subdistrict to approve imposing the tax within five years of the commission's 1996 action - but that approval came only in the western subdistrict.

The October 2015 lawsuit was filed by the City of Tipton and three individuals, claiming only the western subdistrict was valid. The library board had contracted with both the libraries to provide services. The suit held the library board's December 2013 acceptance of a donation of California's Wood Place Library and renaming it was wrong.

Barnes' Feb. 21 ruling found "the total number of votes in favor of passing the District in 1997, between both subdistricts, was not a majority of the individuals who voted. Therefore, the entire measure failed." As a result, Barnes found the district was not created legally.

There is now no Moniteau County Library District, but the case continues.