Current through Register Vol. XLI, No. 50, December 13, 2024
Section 173-1-3 - Requirements for Receiving Grants3.1. A public library must fulfill all of the requirements set forth in this section to be eligible to receive a grant from the library commission.3.2. The public library is organized and operates in accordance with West Virginia Code § 10-1-1 et seq. or a special library law that meets the minimum requirements in the code.3.3. The public library receives local funding to support its operations.3.4. Local funds received in the previous fiscal year equal or exceed the maximum Grant-in-Aid established for the library. Local non-tax based funds used as matching funds cannot exceed the amount of local tax based funds. 3.4.a. In the first three fiscal years following passage of this rule during the 2007 regular session of the Legislature, Grants-In- Aid will be awarded at the maximum amount to every library meeting all other requirements.3.4.b. Section 3.4 will be implemented in the fourth fiscal year following passage of this rule during the 2007 regular session of the Legislature.3.5. Local operating expenditures for the previous fiscal year are equal to, or greater than, the average of the total local operating expenditures for the three fiscal years preceding that previous fiscal year. All funds included in the maintenance of effort calculation shall be expended in the fiscal year for which the determination is made and shall not include capital expenditures, special one-time project costs, or similar windfalls.3.6. The board of library directors is the disbursing agent for appropriations received from governing authorities as described in W. Va. Code § 10-1-2.3.7. The accounting and fiscal procedures of the public library shall be conducted under the management, direction and control of the board of library directors which may delegate to the library director or to any other employee or duly designated agent such duties and functions as it deems appropriate.3.8. The accounting and fiscal procedures of the public library, unless otherwise provided for in a special library law, include the following: 3.8.a. The fiscal year of the State of West Virginia is used for reporting to the Library Commission.3.8.b. The board of library directors annually elects a treasurer to perform or oversee all financial operations.3.8.c. Provision is made for at least two signatures, one of which must be a library trustee, on all checks used in payment of library financial obligations. All those with signature authority must be bonded at the expense of the board of library directors.3.8.d. The board of library directors approves all adjustments to the budget.3.8.e. All accounts of the library are settled within thirty (30) days after the close of the fiscal year.3.8.f. Library funds are disbursed based on itemized invoices verified by the party duly authorized by the board of library directors.3.8.g. The payroll is prepared in accordance with budgeted amounts approved by the board of library directors.3.8.h. All accounting records are readily available in a form which can be audited or reviewed by the Library Commission or authorized representatives of the State of West Virginia or United States Government. The annual audit or review is filed with the Library Commission within 30 days of the receipt of the audit.3.8.i. A financial report of the preceding yearis filed within 45 days from the end of that year on forms provided by the Library Commission.3.9. The public library submits, by the beginning of the fiscal year, an application for Grant-in-Aid on a form provided by the Library Commission. 3.10. The public library submits, by the beginning of the fiscal year, a spending plan for the use of the state Grant-in-Aid and an annual budget on forms provided by the Library Commission.3.11. The board of library directors employs a full-time professional librarian to direct the operations of the library and to participate in meetings, workshops and conferences for which the Library Commission requires attendance.3.12. The board of library directors meets at least four times annually with a quorum present. All meetings of boards of library directors are subject to the provisions of the Open Governmental Proceedings Act, W. Va. Code § 6-9A. 3.12.a. Approved minutes are forwarded within thirty (30) days to the Library Commission, or if applicable, to the Service Center Library.3.12.b. A report showing the status of all accounts, funds and expenditures is presented for review and approval at all regular meetings of the board of library directors or board finance committee.3.12.c. Policies covering library operations, collection development, personnel, and technology are formally adopted and forwarded to the Library Commission.3.12.d. The public library regularly submits to the Library Commission a development plan for a period of at least three years and no more than five years.3.12.e. No member of a board of library directors is involved in any claim or contract with the public library. This does not mean that a library trustee may not be a stockholder, officer, or director of a bank designated as a depository for the public library.3.12.f. Reimbursement of travel expenses for library trustees is in accordance with policies adopted by the board of library directors.3.13. The library director completes no fewer than eight (8) hours of continuing education per year. All other full time library support staff complete no fewer than three (3) hours of continuing education per year. 3.13.a. Continuing education hours must be approved in advance by the Library Commission.3.13.b. Staff of a library assigned to a Service Center Library is required to attend the annual staff development workshop sponsored by the Service Center.3.14. The public library is open a minimum number of hours weekly based on the legal service population ranges below. 3.14.a. Fewer than 6000 - 25 hours3.14.b. 6000-15,000 - 30 hours3.14.c. More than 15,000 - 40 hours3.15. The public library is open to the public at least six hours per week that are either before 9 a.m., after 5 p.m., or on Saturdays or Sundays.3.16. The public library provides free service to residents except as provided for in the W. Va. Code § 10-1-9a.3.17. The public library provides public access to informational services and programs provided by the Library Commission at no cost to libraries.3.18. The public library agrees to share resources with other libraries in the state, according to local interlibrary loan policy and guidelines endorsed by the Library Commission.3.19. The public library designates National Library Week and Children's Book Week or any other two weeks annually as grace periods during which no fines or penalties are assessed for overdue materials.