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LIBRARY BOARD APPROVES PLACEMENT OF LAWSUIT FUNDS IN CD

By Erin France /OF THE COMMERCIAL STAFF
Wednesday, September 30, 2009 11:08 PM CDT

With an appeal in process the Pine Bluff/Jefferson County Library System Board voted to take the funds garnished from the city and put them into a 3-month certificate of deposit.

“I just think that may be the wisest thing,” said library system director Dave Burdick.

The library sued to evict the city from the library building’s ground floor in 2007. At the time the space was being used by District Court Division 2.

About $77,000 was awarded to the library after a trial in May where the jury found in favor of the library and Pulaski County Circuit Judge Tim Fox tripled the damages due to a state statue that allows commercial property damages to be increased by that amount.

“The only thing that’s really at risk now is the trebling part,” Burdick said, referring to the tripled amount.

The city filed its appeal of the library’s ground floor being labeled a commercial property.

“I estimate that by the end of the calendar year the briefs will all be filed,” said Thomas Brown, the library’s attorney.

“So you’re looking at 6-9 months from now for a decision,” he said.

The case might go in front of the Arkansas Supreme Court or the Court of Appeals, he added.

By placing the funds in a CD, Burdick said the money could earn interest for the library and still be available quickly if the higher court found in favor of the city.

In other business, the board discussed using the ground floor of the library as a teen center with possibly a serve-self coffee machine.

Members also approved the opening of a full-time maintenance assistant position.

The position already has a job description, Burdick said, and will be paid with funds from an unfilled technology position in the library’s budget.

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