SUBCHAPTER 02I - LIBRARY DEVELOPMENT
SECTION .0100 - ORGANIZATIONAL RULES
07 NCAC 02I .0101 SCOPE OF RULES
The rules in this Subchapter apply to the Library
Development Section of the State Library of North Carolina.
History Note: Authority G.S. 125-2; 125-7; 125-8;
143B-10;
Eff. April 1, 2011.
SECTION .0200 - STATE AID TO PUBLIC
LIBRARIES
07 NCAC 02I .0201 QUALIFICATIONS FOR GRANT ELIGIBILITY
Libraries requesting funding from the Aid to Public
Libraries Fund shall submit annually to the State Library of North Carolina an
application for State Aid and supporting documentation including financial and
statistical reports and shall meet the following eligibility requirements:
(1) Be established consistent with the provisions of
Article 14, Chapter 153A of the North Carolina General Statutes;
(2) Provide library services in compliance with
applicable State and Federal law to all residents of the political
subdivision(s) supporting the library. Public library services shall be provided
from at least one designated facility with a cataloged collection that is open
to the public a minimum of 40 hours per week;
(3) Employ a full-time library director having or
eligible for North Carolina public librarian certification. Full-time means
working a minimum of 35 hours per week;
(4) Secure operational funds from local government
sources at least equal to the average amount budgeted and available for
expenditure for the previous three years. A grant to a local library system
from the Aid to Public Libraries Fund shall not be terminated but shall be
reduced proportionately by the Department if the amount budgeted and available
for expenditure by local government is below the average of the previous three
fiscal years. State funds shall not replace local funds budgeted and available
for expenditure for public library operations;
(5) Secure aggregate operational funds from local
sources which are at least equal to state aid;
(6) Expend funds as authorized in the budget adopted by
the Board of Trustees of a Regional Library, a County, or a Municipality. Any
library having an unencumbered operational balance of more than 17 percent of
the previous year's operating receipts shall have the difference deducted from
its state allocation;
(7) Pay salaries for professional positions funded from
the Aid to Public Libraries Fund at least at the minimum rate of a salary grade
of 69 as established by the Office of State Personnel;
(8) Provide to the State Library of North Carolina an
annual audit of the political subdivision(s) funding the library consistent
with generally accepted accounting principles;
(9) Submit annually to the State Library of North
Carolina a copy of the bylaws of the library system's Board(s) of Trustees;
(10) Submit annually a current long-range plan of service
to the State Library of North Carolina. A long-range plan of service is a plan
of at least five years. Upon request, the library shall submit an assessment
of a community's library needs to the State Library of North Carolina;
(11) Submit a copy of the agreement establishing the
library system, if composed of more than one local governmental unit; and
(12) Meet the following stipulations when establishing a
new library or re-establishing eligibility for the Aid to Public Libraries
Fund:
(a) meet all requirements of this Section on
July 1 of the year prior to the fiscal year that the library plans to receive
state aid;
(b) continue to meet all requirements of this
Section from July 1 to June 30 of that year, which shall be known as the
demonstration year; and
(c) file a full application for state aid by the
June 30 deadline at the close of the demonstration year in order to receive
state aid in the next fiscal year.
History Note: Authority G.S. 125-7;
Eff. April 1, 2011.
07 NCAC 02I .0202 STATE AID GRANTS
All grants are contingent upon appropriations budgeted by
the General Assembly. Eligible county, regional, and municipal library systems
shall receive grants subject to the approval of the Secretary of the Department
of Cultural Resources subject to requirements in Rule .0201 of this Subchapter.
Block and per capita income equalization grants may be used for materials,
salaries, equipment, and operating costs.
History Note: Authority G.S. 125-7;
Eff. April 1, 2011.
SECTION .0300 - ORGANIZATION OF REGIONAL LIBRARIES
07 NCAC 02I .0301 REGIONAL LIBRARIES
As used in this Section, a regional library is a public
library system that:
(1) serves two or more contiguous counties;
(2) is established by a regional agreement under a
single administrative system;
(3) is governed by a regional library board of
trustees;
(4) operates under the direction of a certified library
director; and
(5) has finances administered by a person or firm
reporting to the library director and the regional library board of trustees.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
07 NCAC 02I .0302 REGIONAL AGREEMENT
An agreement establishing a regional library shall contain:
(1) the structure of the regional library board of
trustees;
(2) the powers and duties of the regional board;
(3) the financial structure of the regional library;
(4) the terms of property ownership and any conditions
of joint ownership including property rights in the event of withdrawal from or
dissolution of the regional library;
(5) provisions for amendment;
(6) provisions for withdrawal by a member county or
dissolution of the regional library; and
(7) provisions for termination of the regional
agreement.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
07 NCAC 02I .0303 REGIONAL LIBRARY BOARD OF TRUSTEES
(a) The regional library board of trustees shall be the
governing body of a regional library. It shall be composed of not more than 15
members as stipulated in the regional agreement. Each participating local
governmental unit shall have representation on the board in proportions
determined to be equitable by all participating local governmental units as
stipulated in the regional agreement. Members of the regional library board
shall be appointed as specified in the regional agreement.
(b) Terms of officers and members shall be limited and
staggered to assure continuity as well as change. No individual member shall
be appointed to more than two consecutive terms, and no single term shall be
longer than six years.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
07 NCAC 02I .0304 POWERS AND DUTIES OF THE REGIONAL
LIBRARY BOARD
The agreement establishing a regional library shall include
the following powers delegated to the regional library board of trustees by the
participating local governmental units:
(1) to adopt such bylaws and rules for its own
governance as may be necessary and in conformity with the law;
(2) to adopt policies for the regional library system's
administration and operation;
(3) to appoint the regional library director and
delegate to that person executive powers;
(4) to adopt an annual budget for the regional library;
(5) to appoint a regional library finance officer to
ensure expenditure of funds consistent with the budget adopted by the regional
library board;
(6) to assure compliance with all applicable State and
Federal law and eligibility requirements for the receipt of State and Federal
funds;
(7) to make recommendations to the governing bodies of
the participating local governmental units concerning the construction and
improvement of physical facilities of the libraries in the region;
(8) to report to the participating local governmental
units; and
(9) to provide to the State Library of North Carolina
an annual audit of the regional library system consistent with generally
accepted accounting principles.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
07 NCAC 02I .0305 DIRECTOR
The director of a regional library shall be appointed by the
regional library system board of trustees and is responsible for the
administration of the regional library consistent with the policies adopted by
the board. The director shall have a valid North Carolina Public Librarian
Certificate.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
07 NCAC 02I .0306 FINANCE
(a) All finances of a regional library shall be
administered under the same provisions as units of local government (G.S.
Chapter 159, The Local Government Finance Act) and shall be subject to an
independent audit.
(b) State funds shall be administered by the regional
library and shall be expended throughout the region as described in 07 NCAC 02I
.0202.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
07 NCAC 02I .0307 ESTABLISHMENT OF A REGIONAL LIBRARY
A regional library meeting the definition in 07 NCAC 02I
.0301 may be established according to the following schedule:
(1) On or before July 1 of the fiscal year prior to the
establishment of the regional library, a representative of the participating
local governmental units shall submit to the State Library of North Carolina a
written notification of intent to form a regional library and establish
eligibility for grants to public libraries.
(2) On or before January 31 of the fiscal year prior to
the establishment of the regional library, the representative shall submit to
the State Library of North Carolina a copy of the agreement establishing the
regional library consistent with 07 NCAC 02I .0302.
(3) On or before June 1 of the fiscal year prior to the
establishment of the regional library, the representative shall submit to the
State Library of North Carolina a long-range plan of service and a proposed
budget and shall provide evidence of eligibility to receive grants to public
libraries according to 07 NCAC 02I .0201.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
07 NCAC 02I .0308 WITHDRAWAL FROM OR DISSOLUTION OF A
REGIONAL LIBRARY
(a) A county proposing to withdraw from a regional library
shall give written notice on or before July 1 to the regional library board,
the other participating local governmental units, and the State Library of
North Carolina. The withdrawal shall be effective on the following June 30.
(b) The withdrawing county shall establish eligibility for
grants to public libraries according to 07 NCAC 02I .0201 on or before the
effective date of withdrawal.
(c) Capital expenditures by the withdrawing county that are
necessitated by the withdrawal may not replace support for operating costs in
establishing eligibility to receive grants to public libraries according to 07
NCAC 02I .0201.
(d) If withdrawal of a county results in the dissolution of
the regional library, the remaining county must also establish eligibility to
receive grants to public libraries according to 07 NCAC 02I .0201 by the
effective date of withdrawal.
History Note: Authority G.S. 125-2; 143B-10;
Eff. April 1, 2011.
