Ala. Admin. Code r. 520-2-3-.01
Current through Register Vol. 43, No. 1, October 31, 2024
Section 520-2-3-.01 - Guidelines For Developing Or Revising Agreements To Establish Joint Libraries In Alabama(1)Code of Ala. 1975, § 11-90-4, allows joint libraries to be created and their governing boards to be appointed. On February 11, 1980, the Alabama Attorney General released an advisory opinion which stated the conditions under which a joint library could act on behalf of its member libraries must be agreed on among the parties through a written contract.(2) New or revised agreements to establish joint libraries under Code of Ala. 1975, § 11-90-4, should be written and specific, capable of serving as the basis of a library region, inclusive, representative, equitable, detailed, reviewed, and renegotiated.(a)Written and specific: Code of Ala. 1975, § 11-90-4, which serves as the legal authority for joint libraries, provides that cities, counties, and public libraries may "contract" to establish larger units of service. As a verbal contract is subject to the vagaries of individual recollections, it can never serve as the basis for the creation of a joint library. A joint library should be created or revised through a written contract drawn up by a competent attorney with the assistance of the Alabama Public Library Service (APLS) and the Alabama Attorney General.(b)Capable of service as the basis of a library region: As APLS has the responsibility for designating a joint library as regional, and thus eligible for federal funds under the Library Services and Technology Act (LSTA), the agreement to create a joint library should be developed in such a way as to enable the joint library to qualify for regional status.(c)Inclusive: 1. No library board, or local government can be held to be bound to an agreement which it has not ratified. As indicated in the Alabama Attorney General's opinion of February 11, 1980, even the governmental body which created a public library cannot act on that library's behalf without the approval of the library's governing board.2. The agreement to create a joint library should have the approval of all the bodies responsible for providing library service within the geographical area of the joint library. In municipalities or counties where there is an existing library board, the library board needs to be a partner to the agreement. In municipalities or counties without a library board, the "power thus to contract shall vest in the county commission of the county or the government body of the municipality". Code of Ala. 1975, § 11-90-4.3. The need to be inclusive extends into the future as a municipal or county library "created subsequent to the establishment of a joint library would not be subject to the joint library absent a contractual agreement to that effect". Alabama Attorney General's Opinion of February 11, 1980, to Anthony W. Miele, APLS Director.(d)Representative: The experience of decades of joint library development within Alabama demonstrates that joint library effectiveness is enhanced when all parties to the agreement creating a joint library have voting representation on its governing board. It is understood that the existence of a large number of member libraries and/or municipalities and counties within a joint library's area will sometimes make direct, on-going representation impossible. However, it is recommended that: 1. Where feasible, joint library boards should have no more than five members.2. New joint libraries with eleven (11) or fewer parties to an agreement should have a representative from each party on the joint library board. Where a local government has created a public library to provide service within its jurisdiction, the local library board should appoint the representative of the locality's library interest on the regional board. It is recommended that, in no case, the number of board members be allowed to exceed fifteen (15).3. New joint libraries with more than eleven (11) parties to an agreement should develop a means to alternate representation from each of the signatory parties on the joint library board. It should be noted that this recommendation is made with the knowledge that the size of certain parties to a joint library agreement, the strength of different collections, and the financial burden borne by the different parties for the support of the joint library, could mandate that these parties be accorded on-going or larger representation in its governance. Such permanent or enlarged representation, and the reasons for it, should be included as part of the agreement.(e)Equitable: The development of joint libraries both within and without Alabama demonstrated that long-range success is dependent on the perception that the benefits and burdens are distributed in an equitable manner. No joint library agreement should be written where the legitimate interests of the population served, member libraries, and city and county governments are not recognized and addressed.(f)Detailed: An agreement to establish a joint library should detail as far as possible the benefits received and obligations incurred by each party to the agreement.(g)Reviewed and renegotiated: An agreement to establish a joint library should include as part of its terms provision for periodic review by the same signatory parties to determine if the joint library is functioning as envisioned. It is recommended that such reviews take place every year but not less than once every three years. Where a review demonstrates that the agreement is in need of revision, it should be renegotiated by the parties involved.Ala. Admin. Code r. 520-2-3-.01
Filed September 30, 1982. Repealed and New Rule: File May 13, 2010; effective June 17, 2010.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.Author: Alabama Public Library Service
Statutory Authority:Code of Ala. 1975, § 11-90-4.