BIBLIOTECS POPULARES

Decree 1078/89

Approve the Regulations of the National Protective Commission of Popular Libraries, created by Act No. 23.351.

Bs. As; 6/7/89

VISTO Law No. 23.351, and

CONSIDERING

Article 17 of Act No. 23,351 provides that the NATIONAL EXECUTIVE POWER shall issue the regulation thereof.

That the aforementioned Act agrees on different benefits for established libraries or to be established by private associations in the territory of the Nation and to provide public services.

For this purpose they must be officially recognized as Popular Libraries, for which purpose they will adapt their statutes and their functioning to the determinations of the respective regulations.

It is therefore appropriate to establish those rules to be adjusted for official recognition.

Article 7 provides that the NATIONAL COMMISSION PROTECTORA DE BIBLIOTECAS POPULARES shall be the authority to implement this Law throughout the territory of the Nation, and Article 8 assigns to it the functions of administering and distributing the resources established by the General Budget of the National Administration and those that integrate the Special Fund for Popular Libraries.

Article 9 of Act No. 23,351 provides for the composition and rented character of the posts of the NATIONAL PROTECTORY COMMISSION OF BIBLIOTECAS POPULARES, for which it is appropriate to hierarchize its new responsibilities by assigning to these extra-curricular level positions.

That the implementation of article 14 of Act No. 23,351 requires further development of Decree No. 2.128/87, in order to facilitate a dynamic mobilization of the National Commission in direct support of the development projects of the popular libraries.

Under article 8 of the above-mentioned Act, the General Budget of the National Administration shall provide for the provision of expenditure and investments for the acquisition of books, audio-visual media and other cultural equipment for libraries operating in the various parts of the country and which, by their work, are made creditors of the technical and economic cooperation of the State.

It is up to the NATIONAL EXECUTIVE PODER to dictate this decree in use of the powers conferred by Article 86 (1) of the National Constitution.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Circle 1.- Approve the Regulations of the NATIONAL COMMISSION PROTECTORA DE BIBLIOTECAS POPULARES concerning the application of Law No. 23.351, in accordance with the detail contained in Annex I which is an integral part of this decree.

Art. 2°- The NATIONAL PROTECTORY COMMISSION OF POPULARES BIBLIOTECS will raise its structure project appropriate to the requirements of Law No. 23,351 and regulatory decrees, within the jurisdiction of the SECRETARIAT OF CULTURE OF THE MINISTERY OF EDUCATION AND JUSTICE.

Art. 3. This is an extra-scale level for the Presidency and other members of the NATIONAL COMMISSION PROTECTORA DE BIBLIOTECAS POPULARES, whose positions will be governed by the existing provisions relating to the Higher Authorities of State Agencies, with the intervention of the Technical Advisory Commission on Public Sector Salarial Policy.

Art. 4°- The General Budget of the National Administration shall specifically determine the provisions of the NATIONAL PROTECTORY COMMITTEE for POPULARES BIBLIOTECS, within the jurisdiction of the SECRETARIAT OF CULTURE OF THE MINISTERY OF EDUCATION AND JUSTICE, for compliance with Act No. 23.351. Such credits may be financed by contributions from the National Treasury and with resources from the Special Fund for Popular Libraries.

Art. 5°- Reference to the NATIONAL COMMISSION PROTECTORA DE BIBLIOTECAS POPULARES to increase direct support and technical assistance to the development projects of the popular libraries, through investments in high-level technical and professional human resources and in equipment that modernizes their installed capacity and regional operational responsibilities throughout the country. For these purposes, the National Commission may affect up to a QUINCE FOR SCIENTY (15%) of the Special Fund's collection that will transfer to a Current Account of the ARGENTINA NATION BANCO under the name "Special Fund - National Commission Annex", subject to the same prerogatives and obligations of the Special Fund for Popular Libraries.

Art. 6°- The MINISTERY OF EDUCATION AND JUSTICE will adjust the jurisdictional regime referred to in article 58 of the Accounting Act in order to empower the NATIONAL COMMISSION PROTECTORA DE BIBLIOTECAS POPULARES for the approval of the respective contracts, up to the amounts agreed by the existing rules.

Art. 7°- Communicate, publish, give to the National Directorate of the Official Register and archvese. ALFONSIN - José G. Dumón - Jesús Rodriguez - Carlos A. Bastianes - Oscar R. Merbilhaa.


Article 1.- The Argentine popular library is a civil association of public good, integrated into society, as an autonomous community entity committed to the transfer of knowledge and a basic broad profile of formal and specifically dynamic education of permanent education.

Article 2°- For the purposes of the implementation of Law 23.351, the National Commission for the Protection of Popular Libraries will take into account the following guidelines for public libraries to be officially recognized:

(a) To be established as a civil association with exclusiveness for that purpose.

(b) Having agreed legal status.

(c) Provide public library and community cultural centre services.

(d) Adequate its statutes with the characteristics of Article 1 and those of a Statute which the National Commission shall prepare for use by the popular libraries as an indicative orientation in accordance with their respective socio-cultural realities and legal norms.

(e) To have the minimum requirements that the National Commission periodically determine for the provision of services and, among them, to constitute a Steering Committee of Neighbors that promotes development actions of the popular library and its local cultural activities, as well as to have its library services provided by a recognized professional. Where the latter is not possible, the National Commission will encourage staff training by establishing policies, criteria, basic requirements and support actions.

(f) To comply with the rules laid down in Article 3 of the Law and Article 9 for the purposes of categorization and corresponding regulatory benefits.

Article 3.- For the purposes of the application of Law 23.351, for municipal public libraries to be officially recognized as popular libraries, they must meet the following minimum requirements in addition to those established by Article 2:

(a) To have explicit support from the user community, for which they will be organized as a civil entity, creating a community association of the Public Library with legal status. The association will participate through its Board of Directors in the library policy and in the evaluation of the services; it will cooperate with the municipal authorities, with the Directorate of the Public Library and with the professional, technical and administrative staff in the development and consolidation of the services and will participate in the analysis and management of the municipal budget to be assigned to the municipal authorities; it will manage the municipal and provincial counterparts that are required by the National Commission.

(b) This provisional regime will be adjusted to the end of DOS years of experience, after evaluating its technical, administrative, economic, financial and community specificity for the municipal public library service.

Article 4°- For the purposes of the application of Act No. 23,351, school libraries performing public benefits will be temporarily recognized as public libraries, demonstrating that they comply with the guidelines set out in Articles 1 and 2. This predictability that is set at the end of DOS years from the official recognition of the National Protective Commission of Popular Libraries will result from the following evolutionary factors:

(a) The policies for school libraries set up national, provincial and municipal jurisdictions, whereby school libraries tend to assume this service exclusively.

(b) The creation or prior existence of other services in the community that are already organized or can be organized as a popular or public library by complying with the guidelines set out in Articles 1 and 2 or 3.

(c) The policies and priorities that can be set in the future for the development of projects of popular libraries, the National Commission in partnership with community organizations and with the various government units, without prejudice to the implementation of Article 6 of Law 23.351.

Article 5.- For the purposes of the application of Law 23.351, popular libraries that perform their benefits depending on entities that are not genuinely organized as popular libraries for the services and guidelines set out in Articles 1 and 2, must reorder their institutional status so that they can be officially recognized. The National Protective Commission of Popular Libraries will consider the support necessary to facilitate such reordering.

Article 6.- All libraries that are currently recognized by the National Protective Commission of Popular Libraries and which cannot comply with the guidelines set out in Articles 1, 2 and 3 shall make necessary institutional modifications in order to be able to avail themselves of the benefits of Law 23.351, as provided for in Article 18 thereof. Entities that cannot reach their reorganization in SEIS months will be provisionally recognized as popular libraries at the end of that period and will enjoy the same rights and obligations as genuine popular libraries during A year. The National Protective Commission will provide the necessary support to facilitate such reorganization.

Article 7°- All communities that have popular libraries already recognized by Law 419 that are functioning at very close geographical distances will be a reason for a particular study according to the guidelines of Articles 1, 2 and 3 and those of Article 3 of Law 23,351 regulated by Article 9 of this regulation. In addition to implementing Article 6 of Law 23,351 for this purpose, the National Protective Commission of Popular Libraries will socially investigate a system of distribution of urban and rural services with a reticular structure of gradual growth. All popular libraries located in the vicinity of others, while such a regime is not established, will continue to enjoy the benefits of Law 23,351 and of this regulation for a period of DOS years from the date on which they demonstrate their updated official recognition. The institutions of greater relative development will be considered as possible headers in the structuring of networks.

Article 8.- Taking into account the guidelines set out in Article 2 related to the minimum level to be achieved by a popular library for recognition, the National Protective Commission of Popular Libraries may address exceptions by adapting its decisions to the provisions of Article 6 of the Law, since they are established libraries or established in locations totally lacking economic, educational and cultural resources or popular libraries that will be incorporated into new rural settlements and urban development. The implementation of the Special Fund for People ' s Libraries in this regard will involve promotional partnership agreements with municipalities, provinces, and other public and private agencies, according to the realities arising from each case, integrating them into the future structural growth of these services.

Article 9°- All popular libraries recognized by Law 23,351 will be classified into CINCO categories:

1. Pilot People's Library - at the point of one by Province - to introduce technological and cultural innovations, to coordinate national and provincial guidelines and to investigate various concrete realities in its jurisdiction.

When provincial realities demonstrate the impossibility of assigning such classification in Province, the National Commission may begin this level with the transitional characteristic of the Regional Pilot Popular Library.

2. First-category Popular Library.

3. Second Category Popular Library.

4. Third-category Popular Library.

5. Popular Library in Provisory Regime.

The guidelines set out in Article 3 of Law 23,351 shall be disaggregated and codable in scores that the National Protector Commission of Popular Libraries shall regulate biennially according to a table with the following functional characteristics:

(a) Founding date.

(b) Years of operation.

(c) Covered area of the building or premises.

(d) Own or leased building.

(e) Number of active affiliates.

(f) Number of books.

(g) Annual circulation of books at home.

(h) Public service hours/week.

(i) Total number of partners (regular library readers in the past year).

(j) Professional librarian staff.

(k) Non-professional librarian staff.

(l) Auxiliary personnel.

(m) Teaching staff.

(n) General Service staff.

Ñ) Quality of facilities and equipment.

(o) Methods of processing books and other materials.

(p) Cultural activities.


Article 10.- The popular libraries that are recognized in accordance with the regulations set out in Article 2, may receive for the sole time a creation grant that doubles the cash funds available for the purchase of books, materials and equipment necessary for their installation and operation. From the Special Fund, the National Commission will assign an annual quota not greater than TEN per cent (100 per cent) of the previous year for this purpose. The National Commission will further consider the geographical location and capacity of the beneficiary libraries to systematize networks that are structured in the future. The National Commission will provide technical advice to these entities for the selection of appropriate materials and equipment.

Article 11. The National Commission, for the achievement of the benefits set out in Article 5 of Law 23,351, shall in each particular case manage the resolutions or provisions that are within the competence of each State enterprise.


Article 12.- In order to be President of the National Commission, it is essential to establish a close link to the work of librarian and cultural work as well as a relevant experience not less than CINCO years in the development of institutions in the field of education, popular culture and/or social sciences related to the specific community interests of the popular libraries. To be Secretary, it is necessary to have training and experience in public or private cultural administration in preferential connection with the field of popular libraries.

Article 13.- To be appointed as a member of the National Protective Commission, an experience not less than CINCO years should be credited directly or indirectly to the work of the popular libraries. The NATIONAL EXECUTIVE PODER shall designate the CINCO vocalies, considering the following proposals:

(a) A voice of a Terna that will raise the confederate entity of leaders of popular libraries with adequate regional and national institutional representativeness that brings them together.

(b) A voice of a terna that will elevate the institution of graduate librarians with adequate institutional, regional and national representation.

(c) A representative member of the entities and/or industries linked to the bibliotechnology and cultural sphere (paper, book, media, arts and/or science).

(d) TWO members of the representative board who will take their places in the National Commission in accordance with this regulation.

Article 14.- For operational purposes, the National Protective Commission shall issue its own Regulations.

Article 15.- In order to ensure the continuity of the responsibilities and functions assigned to the National Commission, at the time of its first constitution, the NATIONAL EXECUTIVE PODER will decree automatic re-election for a new period of THREE members.


Article 16.- To integrate the Representative Board, each Provincial Federation of Popular Libraries will propose to the National Commission a terna for the election of a incumbent delegate and another alternate. For their part, each Ministry and/or Ministry of Education and/or Provincial Culture shall designate its Provincial Director of Libraries or equivalent authority as an alternate member.

Article 17.- In order to be able to integrate the National Commission as delegates of the Representative Board, they must meet the same requirements as other members of the National Commission.

Article 18.- In order to ensure a more frequent rotation of provincial representation to the National Commission, the representative board will consider regional shifts.

Article 19.- For operational purposes, the Representative Board shall issue its own regulations that it shall bring to the National Commission.


Article 20. In order to increase the federalist representation of the popular libraries, the National Protective Commission will stimulate through them the formation and strengthening of the entities that bring together managers and professional librarians and the staff of the popular libraries at provincial, regional and national levels or chapters.