Pennsylvania Code › Title 22 - EDUCATION › Part IX - State Library and Advisory Council on Library Development › Subpart B - Advisory Council on Library Development › Chapter 141 - PLANS FOR THE USE OF STATE AID › CRITERIA FOR APPROVAL › Section 141.21 - Local libraries

Current through Register Vol. 54, No. 28, July 13, 2024
In approving and disapproving plans for the use of State
						funds by local libraries, decisions of the State Librarian will be determined
						by the following criteria:
(1)
System participation.
Whether the plan includes participation
					 in a cooperative system of existing and new libraries organized around a
					 district library center. For any plan to be approved, the library shall meet
					 the minimum standards of system participation.
(2)
Achievement of standards of
					 services.
Whether the plan leads toward the achievement of the
					 following applicable standards:
(i)
Structure and government of library service.
The structure and
					 government of library service shall conform with the following:
(A) The library shall have a clear legal
					 basis for establishment, organization, and financial support, in the case of a
					 library established at public expense under The Library Code (24 P.S. §§
														4101-4503).
(B) Except where, pursuant to a home rule
					 charter adopted pursuant to the Home Rule Charter and Optional Plans Law
					 (53
					 P.S. §§
														1-101- 1-1309), a local library is
					 governed by an agency other than a library board of directors, board members
					 shall be appointed by the municipal officers of each municipality contributing
					 to the support or aiding in the maintenance of a local library in accordance
					 with section 411 of The Library Code (24 P.S. §
														4411). A municipality is judged to contribute
					 to the support or to aid in the maintenance of a local library when it
					 appropriates to the library annually an amount of money which is equivalent to
					 15% or more of the yearly income of the library from all local municipal
					 sources. In the case of a local library established prior to June 14, 1961,
					 each municipality which contributes to the support or aids in the maintenance
					 of the local library shall appoint a number of members to serve on the board of
					 library directors as is mutually agreed upon by such municipalities, provided
					 that no single municipality shall be required to appoint more than two board
					 members, and provided, further, that the appointment of board positions agreed
					 to by such municipalities shall be subject to the approval of the State
					 Librarian.
(C) The library shall be
					 an integral part of general local government.
(D) Each municipality which maintains a local
					 library or which contributes to the support or aids in the maintenance of a
					 local library within the meaning of clause (B) of this subparagraph shall pass
					 an ordinance or resolution establishing or designating the library to be the
					 agent of the municipality to provide library service in accordance with section
					 415 of The Library Code (24 P.S. §
														4415). If the library was not established by
					 the municipality, the library board shall pass a resolution accepting the
					 designation.
(E) The public library
					 shall report annually to the municipality.
(F) The library board shall commit the
					 library, by resolution, to participation in the district library center
					 cooperative program.
(G) The
					 function of the library board and the librarian and staff shall be clearly
					 differentiated in a written statement.