-50 AN ACT to establish library services authorities. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA: 3 4 PURPOSE SEC. 1. It is the purpose of this act to encourage the development 2 and improvement of all types of library service and to promote the efficient use of finances, personnel, materials and properties by enabling governing authorities having library responsibilities to join together in a municipal cor5 poration called a library services authority, which will provide such services 6 and facilities as the governing authorities party to the establishment and sup7 port of the library services authority may determine. (Burns 41-1201) (IC 8 1971, 20-13-6-1) SHORT TITLE SEC. 2. This act may be cited as the "Library Services Authority Act." 2 (Burns 41-1202) (IC 1971, 20-13-6-2) 2 DEFINITIONS SEC. 3. The term "governing authority" when used in this act means any governing body or governing or administrative officer of or for a municipal 3 corporation, agency of state government, educational institution, association 4 or other corporation, publicly or privately supported, having library respon5 sibilities. The governing body or governing or administrative officer is that 6 body or officer having the authority to negotiate and sign contracts, and pass 7 resolutions, enact ordinances, issue executive orders, issue statements of 8 participation or other official acts committing the corporation which the body 9 or officer represents. 10 The term "fiscal year" means the year beginning January 1, and ending 11 December 31. 12 The term "library" means a collection of a variety of books or other 13 printed matter, audiovisual materials or other items in which knowledge is recorded; kept in a centralized place; for which a person who has knowledge of the materials, their arrangement, their use and of library skills is responsible; and which are for the use of individuals or groups in meeting their recreational, informational, educational, research or cultural needs. 14 15 16 17 18 19 The term "library facilities" means buildings, bookmobiles, rooms or other definable and palpable structures or areas and the library materials and 20 equipment contained therein which are used in the operation or provision of 21 library services. 22 23 The term "library services" means any or all of those activities in which libraries engage in the planning, managing, budgeting, financing, purchasing, 24 staffing and evaluating of their libraries; in the selection, acquisition, pro25 cessing and maintaining of their collections of materials and the related bib26 liographic records; and in the promotion, interpretation, servicing and use of their library materials and facilities. 27 28 The term "municipal corporation' means any subdivision of the State of 29 Indiana. (Burns 41-1203) (IC 1971, 20-13-6-3) - - ESTABLISHMENT RESOLUTION APPROVAL BY ATTORNEY GENERAL FILING - SEC. 4. Whenever the governing authorities of two (2) or more municipal -51 2 corporations, state educational institutions or departments or other subdivisions 3 of state government responsible for operating libraries or providing library 4 services have adopted by resolutions, ordinances, orders, statements of par5 ticipation or other recorded acts, a joint agreement calling for the establishment of a library services authority under the provisions of this act, there shall be initiated the library services authority specified. 6 7 8 9 10 11 Such joint agreement shall include the following details of the proposed library services authority: The name, to be given as Library Services Authority; official address and county of location of the principal place of business; description of the library services to be provided; 12 specification of the place and of the convening chairman who shall set the date 13 and the time of the organizational meeting of the board of directors and who 14 shall serve as temporary chairman; the names of the governing authorities 15 signing the agreement, and thereby members of the library services authority; and the date of the agreement. 16 17 18 19 22 Upon the adoption of the joint agreement calling for the creation of the library services authority by two (2) or more of the governing authorities, the agreement shall be submitted to the attorney-general of the State of Indiana 20 who shall determine whether the agreement is in proper form and compatible 21 with the laws of the state. The attorney-general shall approve any agreement submitted to him hereunder unless he shall find that it is not legal, in which case he shall detail in writing addressed to each of the governing authorities 24 adopting the agreement for the establishment of the library services authority 25 the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder 27 within thirty (30) days of its submission shall constitute approval thereof. 28 23 26 30 The library services authority initiated by the joint agreement shall be 29 legally established and the governing authorities signing the agreement considered members of the library services authority when the attorney-general 31 has approved the agreement either by specific written approval or by the fail32 ure to indicate disapproval within the required time. A copy of the agreement 33 and copies of the adopted resolutions, ordinances, orders, statements of par34 ticipation or other recorded acts shall be filed in the office of the recorder of 35 the county in which the library services authority's principal place of business 36 is located, and with the Indiana State Library within forty (40) days of the date 37 of the submission of the agreement to the attorney-general for his action. 38 (Burns 41-1204) (IC 1971, 20-13-6-4) PUBLIC CORPORATION SEC. 5. The library services authority herein created shall be a mu2 nicipal corporation, and any power or powers, privileges or authority exer3 cised or capable of being exercised by a public agency of this state except that of levying taxes may be exercised and employed by such library services 5 authority established under this act. (Burns 41-1205) (IC 1971, 20-13-6-5) 4 2 3 4 5 6 BOARD OF DIRECTORS - TERMS - OFFICERS -- ORGANIZATION SEC. 6. Within ten (10) days after the legal establishment of the library services authority, each governing authority which is a member shall appoint its representative or representatives to the board of directors of the library services authority. When there are fewer than four (4) libraries in the library services authority, each governing authority shall appoint four (4) directors to the board of directors; when there are more than three (3) but fewer than ten (10) libraries in the library services authority each governing authority shall 8 appoint two (2) directors; when there are ten (10) or more libraries in the li9 brary services authority, each governing authority shall appoint one (1) di 7 -52 10 11 12 13 14 15 16 rector. A director may be a member of the governing authority, a librarian, or any other person who in the opinion of the governing authority will best serve the library interests of the governing authority. Upon the expiration of the ten (10) days, the directors who have been appointed shall meet as specified in the joint agreement and determine by lot, in as nearly equal groups as possible, the one-third (1/3) of the directors who shall have an initial term of one (1) year; the one-third (1/3) who shall have an 17 initial term of two (2) years; and the one-third (1/3) who shall have an initial 18 term of three (3) years. This determination shall be for the initial terms of 19 office for all directors, present, absent, and yet to be appointed, if any. After 20 the initial appointment all appointments to the board of directors shall be for three (3) years. Appointments to fill vacancies created by death, resignation or otherwise shall be for the unexpired term only. 21 22 23 Upon the determination of the initial terms of office of the directors, the re 24 then shall be selected by ballot and from nominations from the floor a presi25 dent, a vice-president, a secretary and a treasurer, whose duties will be those 26 normally incumbent upon those offices. 27 If the total number of directors of the library services authority exceeds 28 eight (8), three (3) directors-at-large shall be elected, who with the officers 29 shall be the executive committee. If the total number of directors is eight (8) 30 or less, then the elected officers above named shall be the executive commit31 tee. Those so elected shall serve for a term of one (1) year, and shall not be 32 elected to more than two (2) consecutive terms. In subsequent years there shall be selected by ballot annually, in the manner prescribed by the by-laws of the library services authority, directors, as specified above, to serve in these offices, and on the executive committee. 33 34 35 36 Immediately after the organizational meeting of the board of directors, the 37 board shall draft and adopt by-laws providing for the board's procedures and 38 management not otherwise provided in this act. (Burns 41-1206) (IC 1971, 39 20-13-6-6) 2 3 4 6 7 SEC. 7. Any detail or details of the joint agreement as specified in section 4 of this act may be changed upon the recommendation of the executive committee or petition of three (3) directors, and action by the board of directors at any meeting, provided that notice of the proposed change be sent to 5 each governing authority which is a member of the library services authority at least sixty (60) days prior to the meeting at which change is to be considered. Upon approval of the change of the joint agreement, a copy of the record 8 of the action taken by the board of the library services authority shall be filed with the Indiana State Library and in the office of the recorder of the county in 10 which the authority's principal place of business will be located, and if this is different from the county in which the previous place of business was located, 12 notice also shall be filed in the office of the recorder of the county of the pre13 vious address. (Burns 41-1207) (IC 1971, 20-13-6-7) 9 11 BOARD OF DIRECTORS -- EXECUTIVE COMMITTEE -- DUTIES - MEETINGS SEC. 8. The board of directors of the library services authority shall be 2 responsible for nominating and electing its officers and members of the exec3 utive committee; drafting and adopting by-laws for the conduct of business of 4 the board and the executive committee; changing the address of the principal 5 place of business of the authority; considering and acting upon recommendations of the executive committee in those matters specified in this section; and such other matters as may be appropriate. 6 7 8 The board of directors shall meet at least annually; special meetings may -53 9 10 11 12 13 16 17 19 be called by the president or any three (3) directors. A majority of the board shall constitute a quorum for the transaction of business and a concurrence of a majority of the board of directors shall be necessary to approve or to authorize any action. The executive committee of the library services authority shall take full 14 charge of, manage and conduct the business of the library services authority 15 except that amendments to the joint agreement; budget; statements of policy; rules and regulations; development program and plans; appointment of or arrangement for the chief administrative officer; legal matters; purchases of 18 property and equipment costing more than two thousand dollars ($2,000); contracts for the purchase of services, materials, equipment, real or other prop20 erty; sales of services or material other than those for which the library 21 services authority was created; and the acceptance or release of members of 22 the authority, and related matters, shall be approved by the board of directors. 23 In the discharge of its duties the executive committee shall meet at least 24 quarterly; special meetings may be called by the president or any two (2) 25 members of the committee. A majority of the committee members shall con26 27 28 stitute a quorum for the transaction of business and a concurrence of a majority of the members of the committee shall be necessary to authorize any action. (Burns 41-1208) (IC 1971, 20-13-6-8) 2 NEW MEMBERS SEC. 9. After the legal establishment of the library services authority as provided by this act, any governing authority, either public or private, hav3 ing library responsibilities may become a member of the library services 4 authority after (a) approval by a majority of the board of directors, (b) signing 5 the joint agreement as then in force, (c) providing for its prorata share of the 6 library services authority's budget for the fiscal year in which the applying 7 library wishes to join the authority, and (d) meeting any and all conditions 8 provided in the by-laws or in the rules and regulations: Provided, That if the 9 governing authority is a private authority and its membership would create the 10 same number or more private members than public members of the library services authority, then the membership shall not be effected until there are 12 sufficient public members after the admission of the applicant to provide a 13 majority of public members. 11 14 The representative or representatives appointed to the board of directors 15 by a new member of the library services authority shall have terms of office as prescribed by the by-laws. (Burns 41-1209) (IC 1971, 20-13-6-9) 16 2 3 4 POWER AND AUTHORITY SEC. 10. A library services authority shall have full power and authority to: (a) Sue and be sued, plead and be impleaded. (b) Establish or take charge of, manage, maintain and operate the library 5 facilities and provide the library services specified in the joint agreement 6 creating the library services authority. 10 (c) Employ a chief administrative officer and such other employees as 8 may be necessary for the performance of the authority's functions or to pro9 vide for such officer or other employees by contract with a library member of the authority, with another organization, institution or company, with an agency of government or with an individual; fix and pay their salaries and compensation; determine their number and prescribe their duties; and remove or discharge employees. 11 12 13 14 15 (d) Purchase supplies, materials and equipment to carry out the powers and duties of the board. |