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Library Laws I.C. § 36-12

Presented by: Sylvia Watson Indiana State Library. Library Laws I.C. § 36-12. I.C. § 36-12-1 Definitions & General Provisions. A “Public Library” is a municipal corporation that provides library services. Library services include:

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Library Laws I.C. § 36-12

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  1. Presented by: Sylvia Watson Indiana State Library Library Laws I.C. § 36-12

  2. I.C. § 36-12-1 Definitions & General Provisions • A “Public Library” is a municipal corporation that provides library services. • Library services include: • Collecting and organizing books and other library materials; and • Providing reference, loan, and related services to library patrons.

  3. I.C. § 36-12-1 Definitions & General Provisions Classifications • Class 1 • Public libraries established after 1947 • Public libraries established prior to 1947 that have filed a resolution of conversion • Class 2 • Public libraries established prior to 1947 that have NOT filed a resolution of conversion

  4. I.C. § 36-12-1 Definitions & General Provisions Internet Policy (I.C. § 36-12-1-12) • Requires library boards develop appropriate computer use policies if they allow patrons to use computers to access the internet • Policy shall be reviewed annually • Policy shall at all times be accessible to patrons (hint: post at computer stations)

  5. I.C. § 36-12-2 Class 1 Libraries • Procedure for establishing a new library • Corporate boundaries and annexation • Procedures for transfer of territory • Requirements for Board Appointments for different types of libraries • Board member term length & • Number of terms a board member can serve • Library cards & library employees • Library dissolution

  6. I.C. § 36-12-2 Class 1 Libraries Corporate Boundaries (I.C. § 36-12-2-3) • Corporate boundaries must be described in any resolution of establishment; conversion, territory transfer, or mergers field with the County Recorder & the Indiana State Library

  7. I.C. § 36-12-2 Class 1 Libraries Annexation (I.C. § 36-12-2-3) • If the corporate boundaries of a unit and a Class 1 public library are coextensive, territory annexed by the unit becomes part of the library district. • This is only if the area is not already served by another library • Library must file a statement with County Recorder and Indiana State Library

  8. I.C. § 36-12-2 Class 1 Libraries Territory Transfers (I.C. § 36-12-2-4) • Each library board must pass a resolution of transfer signed by the majority of each board. • The territory being transferred must be described in each library’s resolution. • Resolutions must be filed with County Recorder and Indiana State Library.

  9. I.C. § 36-12-2 Class 1 Libraries • Residency Requirements (I.C. § 36-12-2-7) • Library board appointee must RESIDE in library district during the time the appointee is on the library board and must have resided in the library district for, at minimum, the 2 years immediately prior to the appointment • Owning rental property in library district does not count • May not claim address of relative as your own

  10. I.C. § 36-12-2 Class 1 Libraries Board Terms (I.C. § 36-12-2-8 & 18) • Unless the appointee is appointed to fill a mid-term vacancy, term is for a period of 4 years • Appointee may not serve more than 4 consecutive terms • Unexpired term of 2 years or less that appointee serves in filling a vacancy on the library board does not count when computing consecutive terms

  11. I.C. § 36-12-2 Class 1 Libraries Board Terms ctd. (I.C. § 36-12-2-18) • Once term expires, a board member may continue to serve on board for up to 60 days, until successor member is appointed (I.C. § 36-1-8-10) • The term is not extended when a successor member is finally appointed • If member is appointed to fill a vacancy, the appointee’s term is the unexpired term of the member being replaced

  12. I.C. § 36-12-2 Class 1 Libraries Certificate of Appointment; Oath of Office (I.C. § 36-12-2-19 & I.C. § 5-4-1) • Appointing authority issues signed appointment certificate to appointee • Appointee must take oath of office within 10 days of receiving the certificate • Within 30 days of the beginning of the term of office, appointee files certificate and endorsed oath with circuit court clerk and public library • Office becomes vacant if certificate is not timely filed with the circuit court clerk

  13. I.C. § 36-12-2 Class 1 Libraries Board Member Removal (I.C. § 36-12-2-20) • Appointing Authority may remove appointee board member at any time after a public hearing for any cause: • that interferes with the proper discharge of the member’s duties as a member of the board; or • that jeopardizes public confidence in the member

  14. I.C. § 36-12-2 Class 1 Libraries Board Vacancy (I.C. § 36-12-2-20) • vacancy occurs whenever a board member is absent from 6 consecutive regular board meetings for any cause other than illness. • The Board Secretary notifies the appointing authority

  15. I.C. § 36-12-2 Class 1 Libraries Board Compensation (I.C. § 36-12-2-21) • Library board members SHALL serve without compensation • With the exception of the Treasurer, a board member may not serve as a paid employee of the public library • See I.C. § 36-12-2-22 for more guidelines regarding the Treasurer

  16. I.C. § 36-12-2 Class 1 Libraries Board Meetings (I.C. § 36-12-2-23) • Officers of the board shall be elected annually • President, Vice President, Secretary, other officers • Board shall adopt and abide by bylaws • 4 library board members constitutes a quorum • Board must meet at least monthly and should meet any time necessary • Meetings may be called by president or any 2 other board members

  17. I.C. § 36-12-2 Class 1 Libraries Selection of Employees (I.C. § 36-12-2-24) • Board selects Director • Director must hold appropriate certificate & be trained/proficient in library administration • Board employs and discharges librarians and other individuals who are necessary in the administration of the library’s affairs • Also covers reimbursement of interview expenses and severance pay

  18. I.C. § 36-12-2 Class 1 Libraries Library Cards (I.C. § 36-12-2-25) • Residents of the library district are eligible for free library cards • Non-residents must pay the non-resident fee (formula provided in the law) • More info about non-resident cards is posted under the FAQ section at: http://www.in.gov/library/law.htm

  19. I.C. § 36-12-2 Class 1 Libraries Free/Reduced Fee Library Cards • At the board’s discretion and per library policy/resolution, free or reduced fee cards may be provided to: • students of a public school or non-public school located at least in part within the library district; • Library employees; and/or • employees of a public school corporation or non-public school located in the library district.

  20. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties Statewide Library Card Program (PLAC) (I.C. § 36-12-3-2) • Requires public libraries to participate in the PLAC card program • Provides libraries may also enter into reciprocal borrowing arrangements

  21. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties Authority of Library Board (I.C. § 36-12-3-3) • Library board shall govern and set policy for all the affairs of the public library • The board may: • Make rules for the discharge of the library board’s responsibilities; and • Manage and insure all real and personal property belonging to the public library.

  22. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties I.C. § 36-12-3-5 • Authority of the library board with regard to property held by library (personal & real) and the acquisition and disposal of such property (See I.C. § 36-12-10 for info on leasing of library property; see also SBOA Manual)

  23. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties • Contracting for library services (I.C. § 36-12-3-7) • May contract with another library, city, town, township or county • Contract must outline the extent of services to be provided • Entity receiving service must levy a tax to cover the cost of the contract

  24. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties • Bond issuance; liability for indebtedness; tax levy; finance powers; appropriations I.C. 36-12-3-9 & I.C. 36-12-3-10 • http://www.in.gov/library/ldoworkshops.htm

  25. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties • Levying taxes for operating expenses (I.C. § 36-12-3-12) • Establishing Funds (I.C. § 36-12-3-11)

  26. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties • Library employee/board member expenses (I.C. § 36-12-3-14) • Association membership expenses • (I.C. § 36-12-3-15) • Purchase & Disbursement Policies • (I.C. § 36-12-3-16)

  27. I.C. § 36-12-3 Class 1 Libraries; Powers & Duties • Transactions via Electronic Funds Transfer (I.C. § 36-12-3-16.5) • Collections and Claims (I.C. § 36-12-3-18)

  28. I.C. § 36-12-4 Merger of Class 1 Libraries • 2 or more public libraries may merge with each other • Merger must be initiated by the majority of the entire membership of each library board signing the resolution initiating the planning of a merger • Planning committee is formed to plan for the merger

  29. I.C. § 36-12-4 Merger of Class 1 Libraries • Plan must be completed within 1 year of the date that the resolution calling for the planning of the merger is signed • Merger not considered final unless a majority of the membership of each library board adopts the plan by written resolution

  30. I.C. § 36-12-4 Merger of Class 1 Libraries • Resolution must be filed with County Recorders and Indiana State Library • Interim board is appointed and serves until December 31st of the year the merger takes place

  31. I.C. § 36-12-5 Expansion of Class 1 Libraries Expansion may occur by • Written Resolution, or • Petition & Remonstrance For detailed information see archived webinar at: http://www.in.gov/library/law.htm

  32. I.C. § 36-12-11 Library Certification Board Librarians may be disciplined due to any of the following: (see complete list at I.C. § 36-12-11-23) • Engaged in fraud or material deception in order to obtain certificate • Conviction of a crime that has bearing on professional services or activities • Practitioner knowingly violated rule adopted by the board • Continued to practice despite being unfit due to professional incompetence, physical or mental disability, addictions, etc. • Practitioner engaged in lewd or immoral conduct in connection with practitioner’s practice

  33. I.C. § 36-12-11 Library Certification Board Sanctions / Disciplinary Actions • Complaints must be written and submitted to ISL Director • ISL has subpoena power • If ISL Director thinks claim has merit; turns over to IHLB to settle, dismiss, or set for hearing • Office of the Indiana Attorney General (OAG) will investigate and, if necessary, prosecute complaints about practitioners • Practitioner is notified & may defend him/herself

  34. I.C. § 36-12-11 Library Certification Board Sanctions include • Permanent revocation of the practitioner’s certificate • Suspension of practitioner’s certificate • Censure of the practitioner • Letter of reprimand issued to practitioner • Practitioner may be placed on probation (probationary status may be withdrawn if the ILHB finds the deficiency has been remedied)

  35. I.C. § 36-12-12 Library Capital Projects Fund • With respect to a facility used or to be used by the library, fund may be used for: • Planned construction, repair, replacement, or remodeling • Site acquisition • Site development • Repair, replacement, or site acquisition that is necessitated by an emergency • purchase, lease, or repair of equipment to be used by the library district • purchase, lease, upgrading, maintenance, or repair of computer hardware or software.

  36. I.C. § 36-12-13 Interstate Library Compact • Provides a mechanism for legally serving out of state patrons • Contact Sylvia Watson @ISL for template interstate reciprocal borrowing agreement (sywatson@library.in.gov) • Out of state patrons pay non-resident fees

  37. Questions? Contact: Sylvia Watson Legal Consultant & Counsel to the Indiana State Library (Ph)  317.232.3735 sywatson@library.IN.gov

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