Presented by: Sylvia Watson Indiana State Library

Presented by:

Sylvia WatsonIndiana State Library

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; andProviding reference, loan, and related

services to library patrons.

I.C. § 36-12-1 Definitions & General ProvisionsClassifications

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

I.C. § 36-12-1 Definitions & General ProvisionsInternet 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)

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

I.C. § 36-12-2 Class 1 LibrariesCorporate 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

I.C. § 36-12-2 Class 1 LibrariesAnnexation (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 libraryLibrary must file a statement with County

Recorder and Indiana State Library

I.C. § 36-12-2 Class 1 LibrariesTerritory 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.

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

I.C. § 36-12-2 Class 1 LibrariesBoard 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

I.C. § 36-12-2 Class 1 LibrariesBoard 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

I.C. § 36-12-2 Class 1 LibrariesCertificate 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

I.C. § 36-12-2 Class 1 LibrariesBoard 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; orthat jeopardizes public confidence in the

member

I.C. § 36-12-2 Class 1 LibrariesBoard 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

I.C. § 36-12-2 Class 1 LibrariesBoard 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

I.C. § 36-12-2 Class 1 LibrariesBoard 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

I.C. § 36-12-2 Class 1 LibrariesSelection 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

I.C. § 36-12-2 Class 1 LibrariesLibrary 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

I.C. § 36-12-2 Class 1 LibrariesFree/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/oremployees of a public school corporation or

non-public school located in the library district.

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


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.


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)


Contracting for library services

(I.C. § 36-12-3-7)May contract with another library, city, town,

township or countyContract must outline the extent of services to

be providedEntity receiving service must levy a tax to cover

the cost of the contract


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


Levying taxes for operating expenses (I.C. § 36-12-3-12)

Establishing Funds

(I.C. § 36-12-3-11)


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)


Transactions via Electronic Funds Transfer

(I.C. § 36-12-3-16.5)

Collections and Claims

(I.C. § 36-12-3-18)

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

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

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

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

I.C. § 36-12-11 Library Certification BoardLibrarians 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

I.C. § 36-12-11 Library Certification BoardSanctions / 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

I.C. § 36-12-11 Library Certification BoardSanctions 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)

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.

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 ([email protected])

Out of state patrons pay non-resident fees

Questions?

Contact:

Sylvia Watson

Legal Consultant &

Counsel to the Indiana State Library

(Ph) 317.232.3735

[email protected]

Documents

Presented by: Sylvia Watson Indiana State Library