Current through Register Vol. 43, No. 02, November 27, 2024
(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.