Presented by: Sylvia Watson Indiana State Library

I.C. § 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.

I.C. § 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

I.C. § Definitions & General Provisions Internet Policy (I.C. § )  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. § 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. § Class 1 Libraries Corporate Boundaries (I.C. § )  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. § Class 1 Libraries Annexation (I.C. § )  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

I.C. § Class 1 Libraries Territory Transfers (I.C. § )  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. § Class 1 Libraries  Residency Requirements (I.C. § ) 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. § Class 1 Libraries Board Terms (I.C. § & 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. § Class 1 Libraries Board Terms ctd. (I.C. § )  Once term expires, a board member may continue to serve on board for up to 60 days, until successor member is appointed (I.C. § )  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. § Class 1 Libraries Certificate of Appointment; Oath of Office (I.C. § & 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. § Class 1 Libraries Board Member Removal (I.C. § )  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

I.C. § Class 1 Libraries Board Vacancy (I.C. § )  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. § Class 1 Libraries Board Compensation (I.C. § )  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. § for more guidelines regarding the Treasurer

I.C. § Class 1 Libraries Board Meetings (I.C. § )  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. § Class 1 Libraries Selection of Employees (I.C. § )  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. § Class 1 Libraries Library Cards (I.C. § )  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:

I.C. § 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.

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

I.C. § Class 1 Libraries; Powers & Duties Authority of Library Board (I.C. § )  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. § Class 1 Libraries; Powers & Duties I.C. §  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. § for info on leasing of library property; see also SBOA Manual)

I.C. § Class 1 Libraries; Powers & Duties  Contracting for library services (I.C. § ) 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

I.C. § Class 1 Libraries; Powers & Duties  Bond issuance; liability for indebtedness; tax levy; finance powers; appropriations I.C & I.C

I.C. § Class 1 Libraries; Powers & Duties  Levying taxes for operating expenses (I.C. § )  Establishing Funds (I.C. § )

I.C. § Class 1 Libraries; Powers & Duties  Library employee/board member expenses (I.C. § )  Association membership expenses (I.C. § )  Purchase & Disbursement Policies (I.C. § )

I.C. § Class 1 Libraries; Powers & Duties  Transactions via Electronic Funds Transfer (I.C. § )  Collections and Claims (I.C. § )

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

I.C. § Expansion of Class 1 Libraries Expansion may occur by  Written Resolution, or  Petition & Remonstrance For detailed information see archived webinar at:

I.C. § Library Certification Board Librarians may be disciplined due to any of the following: (see complete list at I.C. § )  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. § 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

I.C. § 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)

I.C. § 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. § Interstate Library Compact  Provides a mechanism for legally serving out of state patrons  Contact Sylvia for template interstate reciprocal borrowing agreement  Out of state patrons pay non-resident fees

Questions? Contact: Sylvia Watson Legal Consultant & Counsel to the Indiana State Library (Ph)