286 Libraries And Information Services Division

286—1.1(256) Definitions. The definitions used in Iowa Code chapters 17A and 256 will apply for terms used throughout this chapter. In addition, the following definitions will apply:

“ADA” means the Americans with Disabilities Act of 1990.

“Administrator” means the state librarian, who shall serve as the administrator of the division of libraries of the department of education.

“Department” means the department of education.

“Director” means the director of the department of education.

“LSTA” means the Library Services and Technology Act Grant Program as defined by P.L. 104–208 (1997).

“State librarian” means the chief operating officer of the state library.

“State library” means the library agency within the division of libraries of the department of education.

286—1.2(256) Mission. Rescinded IAB 12/16/98, effective 1/20/99.

286—1.3(256) Organization and operation.

1.3(1) Location. The state library is located at East 12th Street and Grand Avenue, Des Moines, Iowa 50319; telephone (515)281–4105; fax (515)281–6191. Business hours are 8 a.m. to 4:30 p.m., Monday through Friday, excepting legal holidays.

1.3(2) Units. The state library consists of seven units: library development (includes the LSTA Grant Program, public library accreditation, library staff certification, Open Access, Access Plus, continuing education and consulting); information services (includes public policy, the state medical, federal documents, state documents, and patents depository collections); the state law library; technical services (includes the state documents depository program); the state data center; audiovisual services; and administration.

1.3(3) Commission of libraries. The commission of libraries consists of eight members as defined in Iowa Code section 256.52. The commission shall meet at a time and place specified by the chair. Notice of a meeting and the agenda will be posted at the state library at least 24 hours prior to the meeting and shall be mailed to any interested individual or organization upon request. The operation of commission meetings shall be governed by the following procedures:

a. A quorum shall consist of five members.

b. Any action taken by the commission requires an affirmative vote by at least five members.

c. Persons wishing to appear before the commission shall submit a written request to the state librarian not less than 14 days prior to a meeting. Presentations shall be allowed at the discretion of the chair. Persons wishing to submit written material shall do so at least 14 days prior to a meeting so that commission members have adequate time to receive and evaluate the material.

d. Near the conclusion of each meeting, the chair shall set the date, time and location of the next meeting.

1.3(4) Minutes. Minutes of commission meetings are available for inspection at the state librarian’s office during regular business hours. Copies of minutes are available upon request at no charge, allowing for reasonable transcription time.

286—1.4(256) Information delivery.

1.4(1) Photocopies of library materials for Iowa residents. The state library will provide library service to any resident of Iowa. To ensure the availability of high–demand library materials for in–house use, the state library may choose not to lend specific library items. In lieu of lending the original item, the library may choose to provide a photocopy of the requested material at a nominal charge of 20 cents per page. Materials may be faxed at a cost of $2 for the first page and $1 for each additional page including the cover sheet. Priority delivery services may also be requested by the borrower at additional expense.

1.4(2) Photocopies of library materials for nonresidents of Iowa. To encourage interstate resource sharing, the state library may enter into reciprocal free interlibrary loan photocopy agreements with out–of–state libraries. For other out–of–state businesses and residents, the state library will charge the following fees:

	First 10 pages	$7 minimum
	11–20	9
	21–30	10
	31–50	12
	Over 50	12 plus 20¢ per page

Materials may be faxed (no more than 20 pages) at a cost of $2 for the first page and $1 for each additional page including the cover sheet.

Priority delivery services may also be requested by the borrower at additional cost to the borrower.

This rule shall not preclude the state library from participating in interstate library compacts to support reciprocal resource sharing.

286—1.5(256) Access to library’s collections.

1.5(1) The state library’s materials collections are housed in the Historical Building, East 12th Street and Grand Avenue, Des Moines, and in the State Capitol Building. Both buildings are listed on the National Register of Historic Places under the National Historic Preservation Act and are accessible to the disabled.

1.5(2) Primary research and study areas of the library’s two locations are accessible to the disabled; however, upper tiers are generally closed to all public access. Staff may authorize access on a case–by–case basis or will retrieve materials requested by library users.

286—1.6(256) Collection policy of the library. Purpose is to define the intended coverage and clientele; establish collection management and selection policies; provide staff with the means to ensure consistency, responsiveness, and wise use of funds in collection building; assist in development of performance measures; establish priorities to guide budget allocations and cataloging and preservation decisions; and document the library’s commitment to intellectual freedom.

See: Collection Policy. State Library of Iowa, May 28, 1993.

286—1.7(256) Disposal of library materials.

1.7(1) Purpose. Disposal of library materials shall be undertaken by the state librarian only as a means of strengthening and benefiting the mission of the state library. Disposal shall not be used solely to generate operating funds for the library.

1.7(2) Definitions.

“Deaccession” means permanent removal of materials from the state library’s collections.

“Library materials” includes, but is not limited to, books, journals, documents, audio visuals, and software in any format.

“State librarian” means the chief operating officer of the state library.

“State library” means the library agency within the division of libraries of the department of education.

1.7(3) Ethics.

a. Disposal of materials shall be undertaken in an open, public manner conforming to appropriate ethics guidelines.

b. Ownership of deaccessioned materials shall not, under any circumstances, be transferred to or personally benefit any employee, spouse or immediate family member of an employee of the library.

1.7(4) Criteria. Materials may be deaccessioned from the collections of the state library if they are no longer deemed relevant and appropriate to the mission of the state library or if they have deteriorated beyond repair and usefulness.

1.7(5) Procedure.

a. The appropriate unit supervisor shall recommend and justify in writing to the state librarian those materials to be deaccessioned.

b. The state librarian shall approve or disapprove those recommendations from the unit supervisor.

c. The method for disposition of the deaccessioned materials, including sales, donation or destruction, shall be decided by the state librarian.

1.7(6) Limitations.

a. Revenue from the disposition of any books or other library materials shall be credited to the state library fund established by the treasurer of state.

b. Proceeds shall be used solely for the purchase of books and other information resources for the state library.

c. Any balance in the fund on June 30 of the fiscal year shall remain in the state library fund and shall not become part of the state’s general fund.

This rule is intended to implement Iowa Code section 256.52(3)“c.”

These rules are intended to implement Iowa Code sections 256.50 to 256.56.

[Filed 6/3/91, Notice 3/20/91—published 6/26/91, effective 7/31/91]

[Filed emergency 3/3/94—published 3/30/94, effective 3/30/94]

[Filed 5/6/94, Notice 3/30/94—published 5/25/94, effective 6/29/94]

[Filed emergency 8/10/95—published 8/30/95, effective 8/11/95]

[Filed 11/25/98, Notice 9/23/98—published 12/16/98, effective 1/20/99]

chapter 2
PUBLIC RECORDS AND FAIR
INFORMATION PRACTICES

The library division hereby adopts, with the following exceptions and amendments, rules of the Governor’s Task Force on Uniform Rules of Agency Procedure relating to public records and fair information practices, which are printed in the first Volume of the Iowa Administrative Code:

286—2.1(17A,22) Definitions. As used in this chapter:

“Agency.” In lieu of the words “(official or body issuing these rules)”, insert “library division”.

“Custodian of the record” means the state librarian.

286—2.3(17A,22) Requests for access to records.

2.3(1) Location of record. In lieu of the words “(insert agency head)”, insert “state librarian”. Also in lieu of the words “(insert agency name and address)”, insert “State Librarian, State Library of Iowa, East 12th Street and Grand Avenue, Des Moines, Iowa 50319”.

2.3(2) Office hours. In lieu of the words “(insert customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)”, insert “8 a.m. to 4:30 p.m., Monday through Friday, excepting legal holidays”.

286—2.9(17A,22) Disclosures without the consent of the subject.

2.9(1) Open records are routinely disclosed without the consent of the subject.

2.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without notice to the subject:

a. For a routine use as defined in rule 2.10(17A,22) or in any notice for a particular record system.

b. To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject.

c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if an authorized representative of such government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought.

d. To an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last–known address of the subject.

e. To the legislative services agency under Iowa Code section 2A.3.

f. Disclosures in the course of employee disciplinary proceedings.

g. In response to a court order or subpoena.

286—2.10(17A,22) Routine use.

2.10(1) Defined. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22.

2.10(2) To the extent allowed by law, the following uses are considered routine uses of all agency records:

a. Disclosure to those officers, employees, and agents of the agency who have a need for the rec–ord in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian’s own initiative, determine what constitutes legitimate need to use confidential records.

b. Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order.

c. Disclosure to the department of inspections and appeals for matters in which it is performing services or functions on behalf of the agency.

d. Transfers of information within the agency, to other state agencies, or to local units of government as appropriate to administer the program for which the information is collected.

e. Information released to staff of federal and state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully.

f. Any disclosure specifically authorized by the statute under which the record was collected or maintained.

286—2.11(17A,22) Consensual disclosure of confidential records.

2.11(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 2.7(17A,22).

2.11(2) Complaints to public officials. A letter from a subject of a confidential record to a public official which seeks the official’s intervention on behalf of the subject in a matter that involves the agency may, to the extent permitted by law, be treated as an authorization to release sufficient information about the subject to the official to resolve the matter.

286—2.12(17A,22) Release to subject.

2.12(1) The subject of a confidential record may file a written request to review confidential rec–ords about that person as provided in rule 2.6(17A,22). However, the agency need not release the following records:

a. The identity of a person providing information to the agency need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code section 22.7(18) or other provision of law.

b. Records need not be disclosed to the subject when they are the work product of an attorney or are otherwise privileged.

c. Peace officers’ investigative reports may be withheld from the subject, except as required by the Iowa Code. (See Iowa Code section 22.7(5).)

Other records will be released in accordance with the Iowa Code.

2.12(2) Where a record has multiple subjects with interest in the confidentiality of the record, the agency may take reasonable steps to protect confidential information relating to another subject.

286—2.13(17A,22) Availability of records.

2.13(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law.

2.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection.

a. Records which are exempt from disclosure under Iowa Code section 22.7;

b. Minutes of closed meetings of a government body as provided in Iowa Code section 21.5(4);

c. Those portions of agency staff manuals, instructions or other statements issued which set forth criteria or guidelines to be used by agency staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would:

(1) Enable law violators to avoid detection;

(2) Facilitate disregard of requirements imposed by law;

(3) Give a clearly improper advantage to persons who are in an adverse position to the agency;

(See Iowa Code sections 17A.2 and 17A.3)

d. Individual ranking sheets (except for requester’s own) of grant application evaluators; or

e. Any other records made confidential by law.

2.13(3) Authority to release confidential records. The agency may have discretion to disclose some confidential records which are exempt from disclosure under Iowa Code section 22.7 or other law. Any person may request permission to inspect records withheld from inspection under a statute which authorizes limited or discretionary disclosure as provided in rule 2.4(17A,22). If the agency initially determines that it will release such records, the agency may, where appropriate, notify interested parties and withhold the records from inspection as provided in subrule 2.4(3).

286—2.14(17A,22) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 2.1(17A,22). For each record system, this rule describes the legal authority for the collection of that information, the means of storage of that information and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system. The record systems maintained by the agency are:

2.14(1) Personnel records. These records concern departmental employees and their families, as well as applicants for employment with the department. The system contains material on health, dental, life, and long–term disability insurance; pay and benefit documents; tax withholding; position description questionnaires; affirmative action and equal employment opportunity; disciplinary information; grievances and appeals; performance planning and evaluation; training; deferred compensation; worker’s compensation; payroll records; and other materials relating to the employees of the department. Some of the information may be confidential under Iowa Code section 22.7(11) and other legal provisions. These records contain names, social security numbers and other identifying numbers, and are collected in paper form and through the state’s automated data processing system.

2.14(2) Reserved.

286—2.15(17A,22) Other groups of records. This rule describes groups of records maintained by the agency other than record systems as defined in rule 2.1(17A,22). These records are routinely available to the public. However, the agency’s files of these records may contain confidential information as discussed in rule 2.13(17A,22). The records listed may contain information about individuals.

2.15(1) Council, board, and commission records. Agendas, minutes, and materials presented to the commission of libraries are available from the state library, except those records concerning closed sessions which are exempt from disclosure under Iowa Code section 21.5 or which are otherwise confidential by law. Council and commission records contain information about people who participate in meetings. This information is collected pursuant to Iowa Code section 21.3. This information is not stored on an automated data processing system.

2.15(2) Administrative records. This includes documents concerning budget, property inventory, purchasing, yearly reports, office policies for employees, time sheets, printing and supply requisitions.

2.15(3) Publications. This office receives a number of books, periodicals, newsletters, government documents, annual reports and brochures related to its mission. These materials would generally be open to the public but may be protected by copyright law. Most publications of general interest are available in the library division.

2.15(4) Office publications. This office issues a variety of materials including promotional and grants brochures and pamphlets, press releases, project and annual reports, and newsletters which may contain information about individuals, staff or members of boards, councils, or commissions.

2.15(5) Rule–making records. Public documents generated during the promulgation of agency rules, including notices and public comments, are available for public inspection.

2.15(6) Other records. Other records are disclosed to the public unless otherwise exempted from disclosure by law.

286—2.16(17A,22) Data processing systems. None of the data processing systems used by the agency permit the comparison of personally identifiable information in one record system with personally identifiable information in another record system.

286—2.17(17A,22) Applicability. This chapter does not:

2.17(1) Require the agency to index or retrieve records which contain information about individuals by that person’s name or other personal identifier.

2.17(2) Make available to the general public records which would otherwise not be available under the public records law, Iowa Code chapter 22.

2.17(3) Govern the maintenance or disclosure of, notification of or access to, records in the possession of the agency which are governed by the regulations of another agency.

2.17(4) Apply to grantees, including local governments or subdivisions thereof, administering state–funded programs, unless otherwise provided by law or agreement.

2.17(5) Make available records compiled by the agency in reasonable anticipation of court litigation or formal administrative proceedings. The availability of such records to the general public or to any subject individual or party to such litigation or proceedings shall be governed by applicable legal and constitutional principles, statutes, rules of discovery, evidentiary privileges, and applicable regulations of the agency.

These rules are intended to implement Iowa Code section 22.11.

[Filed emergency 3/3/94—published 3/30/94, effective 3/30/94]

[Filed 5/6/94, Notice 3/30/94—published 5/25/94, effective 6/29/94]

[Filed 11/25/98, Notice 9/23/98—published 12/16/98, effective 1/20/99]

chapter 3
STATEWIDE PROGRAMS AND AGREEMENTS

Background

The state library is charged with developing long–range plans for the continued improvement of library services in the state. The most recent long–range plans were entitled “Unified Plan for Library Service in Iowa” and the “LSTA Five–Year Plan.” The major outcomes of these planning efforts include the maintenance of SILO, a voluntary certification program for public librarians, and the continued development of standards for public libraries which includes a voluntary accreditation program.

Based on existing programs and services, the current planning effort addresses the state library’s role in promoting and developing library services in the state, coordinating interlibrary cooperation, and providing Iowans with access to the publications of state government. The state library’s other roles, such as meeting the information needs of the three branches of state government and providing census, patent, legal and medical information, are not addressed in this document.

See: Unified Plan for Library Service in Iowa, 1994, and the LSTA Five–Year Plan. State Library of Iowa, 1998.

286—3.1(256) State of Iowa Libraries Online (SILO). Purpose is to provide electronic access to Iowa’s library resources and to electronic information resources. Includes an electronic “card catalog” and associated electronic interlibrary loan system to facilitate the identifying and requesting of library materials among Iowa libraries. Delivers statewide library access to numerous citation and full text databases.

286—3.2(256) Enrich Iowa program.

3.2(1) Purpose. Enrich Iowa, a direct state aid program, provides incentives to improve library services and to reduce inequities among communities in the delivery of library services based on recognized and adopted performance measures. The funding is intended to supplement, not replace, local funding.

3.2(2) Eligibility.

a. To participate in the enrich Iowa program, an Iowa public library must:

(1) Be established by city ordinance or as a county library at least two years previous in accordance with Iowa Code chapter 336.

(2) Use the enrich Iowa funds to improve library services.

(3) Use program funds to supplement, not supplant, any other funding received by the library.

(4) Provide information for auditing purposes, if requested by the state library.

b. To remain eligible to participate after July 1, 2001, the library must:

(1) Meet all of the eligibility and reporting requirements outlined above.

(2) Participate in Open Access and Access Plus programs.

(3) Meet the standards requirements of Tier 1, 2, or 3.

SEE: Enrich Iowa: Fund Libraries. State Library of Iowa, September 1996.

In Service to Iowa: Public Library Measures of Quality. 3d ed. State Library, 1997.

3.2(3) Reporting procedures. All program participants shall submit the following to the state library:

a. A copy of the ordinance establishing the library or documentation of the establishment of the county library by December 15 of the first year of participation.

b. A status report, in the format prescribed by the state library, on local library use of enrich Iowa funds by December 15, 1999.

c. By July 31 following the end of the fiscal year, a final report on the use of enrich Iowa funds in the format prescribed by the state library. The report shall include a listing of program payments received and expenditures made for the fiscal year.

d. An accreditation report, in the prescribed format, as required on the three–year reporting cycle.

SEE: In Service to Iowa: Public Library Measures of Quality. 3d ed. State Library, 1997.

e. A completed annual survey, in the prescribed format, by the required date.

3.2(4) Informal appeals. Informal appeals shall be made on procedural grounds only. Such grounds include alleged conflicts of interest or procedures not uniformly applied to all public libraries.

3.2(5) Informal appeal hearing. A written request shall be sent to the state librarian. The hearing shall be held within 15 calendar days of the date of the request during regular business hours of the state library. The hearing shall be held before the state librarian or such members of a review board as the state librarian designates. The state librarian shall:

a. Notify the appellant as to the day, hour, and location of the hearing;

b. Inform the appellant of the right to submit any written documents regarding the application;

c. Inform the appellant that a spokesperson must be appointed if the appeal involves more than one person. The state librarian or designee shall direct questions only to the spokesperson during the hearing. Any other discussion or comments shall be reserved for a closed executive session. No indication of decision shall be given at the time of the hearing;

d. Notify the appellant in writing of the decision of the state librarian or designee within five working days of the hearing.

3.2(6) Formal appeal. A formal appeal of the decision of the state librarian or designee shall be made to the commission of libraries.

a. The appellant’s argument shall contain:

(1) The facts of the appeal;

(2) An argument in favor of the appeal; and

(3) The remedy sought.

b. Appeals will be allowed on the procedural grounds that staff of the state library acted outside statutory authority, were influenced to act as a result of a conflict of interest, or acted in a biased or unfair manner.

c. The commission shall consider and rule on the appeal after receiving all documentation from the appellant and shall notify the appellant in writing of the decision within 30 calendar days. The decision of the commission is final except as provided for in Iowa Code sections 17A.19 and 17A.20.

This rule is intended to implement 1999 Iowa Acts, Senate File 464, section 7(5).

286—3.3(256) Open Access. Purpose is to provide Iowa citizens with direct access to more library materials and information resources. It is a reciprocal borrowing program that enables users from participating libraries to directly check out materials from other participating libraries.

See: Open Access Program Letter of Agreement. State Library of Iowa.

286—3.4(256) Access Plus. Purpose is to provide Iowa citizens with equal access to library resources by encouraging and supporting multitype resource sharing. Access Plus subsidizes participating libraries for each interlibrary loan, from the first loan, made to an eligible Iowa library.

See: Access Plus Program Letter of Agreement. State Library of Iowa.

286—3.5(256) Iowa Fax Network. Rescinded IAB 12/16/98, effective 1/20/99.

286—3.6(256) In Service to Iowa: Public Library Measures of Quality. Purpose is to provide performance measures to encourage the ongoing development of quality public library service in the state. By identifying policies, service levels, role selection and output measures, consistency and quality in all aspects of public library service can be achieved.

See: In Service to Iowa: Public Library Measures of Quality. 3d ed. State Library of Iowa, 1997.

286—3.7(256) Iowa Certification Program for Public Librarians. Purpose is to improve library service in Iowa by encouraging public librarians to acquire, maintain and develop skills through basic and continuing education, by recognizing librarians who update skills, by improving the public image of librarians, and by providing guidelines for public library boards to use in developing hiring policies.

See: Iowa Certification Program for Public Libraries. State Library of Iowa, 1993.

286—3.8(256) Summer library program.

3.8(1) Purpose is to assist public libraries in planning summer reading programs by producing promotional and programming materials, locally adaptable, to help improve library service to youth in Iowa and to improve skills of librarians.

3.8(2) Procedures.

a. An advisory committee provides advice to the state library regarding this program.

b. Working with a multistate cooperative, the manual and promotional materials are developed around a theme.

c. Participating libraries may purchase theme materials (manuals, posters, bookmarks, and related materials).

d. The program is publicized and promoted through the state library’s newsletter and through regional workshops each year.

286—3.9(256) Iowa Depository for Iowa Publications Purpose. The depository library center is established within the state library to serve as the central agency for the collection and distribution of publications issued by state agencies to depository libraries.

3.9(1) Definitions.

“Core depository” shall receive only those publications found on the periodically compiled core list.

“Core list” of Iowa state documents is a selected list intended to meet the basic document needs of libraries.

“Depository library” means a library designated for the deposit of state publications.

“Depository library center” shall be the headquarters for the state documents depository program and shall also be referred to as the “state documents center.”

“Full depository” shall be a library receiving everything collected by the depository library center.

“Permanent depository” shall be a library receiving and permanently maintaining two copies of each state publication.

“State agency” means a legislative, executive, or judicial office of the state and all of its respective offices, departments, divisions, bureaus, boards, commissions, committees, and state institutions of higher education governed by the state board of regents.

“State publications” are defined as any multiply produced informational products or materials regardless of format, method of reproduction, or source, originating in or produced with the imprint of, by the authority of, or at the total or partial expense of, any state agency. The definition incorporates those publications that may or may not be financed by state funds but are released by private bodies such as research and consultant firms under contract with or supervision of any state agency. State information products specifically include, but are not limited to, public documents appearing as reports, directories, statistical compendiums, bibliographies, lists, state plans, statutes, codes, laws and bills, rules, regulations, transcripts of public hearings, journals, newsletters, bulletins, periodicals, books, pamphlets, brochures, charts, maps, surveys, other printed matter, audiovisual materials, microfilm, microfiche, and all electronic information sources in all electronic formats. State information products do not include correspondence and memoranda intended solely for internal use within the agency or between agencies, materials designated by law as being confidential, materials excluded from this definition by the department through the adoption and enforcement of rules, and materials determined by the depository library center staff to be exempt.

3.9(2) Administration of the depository program.

a. The state documents depository program shall be administered by the depository librarian under the direction of the state librarian.

b. A nine–member advisory council shall be organized to advise the state library regarding this program. The advisory council may be composed of members of state agencies, representatives of depository and nondepository libraries, and the general public. The council shall be appointed by the state librarian with the recommendation of the depository librarian.

c. The state library/depository library center shall serve as the last copy depository for predepository state information products and for those products never deposited with the center since its 1979 inception.

3.9(3) State agency requirements.

a. Upon issuance of a state publication a state agency shall deposit with the depository library center, at no cost to the center, 75 copies of the publication, or a lesser amount if specified by the center.

b. It shall be the responsibility of the issuing state agency to create duplicate copies of publications in limited supply to meet the minimal copy requirements of the depository library center as specified by the center.

3.9(4) Designation of depositories.

a. The state library and the University of Iowa shall be designated as the two permanent depositories for Iowa state publications.

b. The Library of Congress shall receive one copy of each state publication collected.

c. Depository status of additional libraries shall be determined by the state librarian upon written application by a library. A library may be designated as either a full depository or core depository based upon the judgment of the depository library center and the preference of the library.

d. Depository libraries may be selected on the basis of one or more of the following criteria:

(1) Geographic location consistent with a policy of distributing depositories so as to minimize the travel distance of a user.

(2) Demonstrated ability to handle the receipts desired based on size of collection, identified need of the library’s clientele, and the availability of space, staff and equipment.

(3) Demonstrated need/value to state of placing depository collection in facility.

(4) Present federal depository status.

Upon approval of the application, a contract with the depository library shall be completed.

3.9(5) Depository library requirements.

a. The permanent depositories shall permanently maintain two copies of each publication. One copy shall be considered archival and will not circulate. The other copy shall be available for loan.

b. All publications received under this program by the full depository and core depository libraries shall be retained for a minimum period of three years unless a lesser retention period is designated for an item or items by the depository library center.

c. The depository agrees to make the documents available for free public use.

d. Materials missing from depository shipments shall be claimed from the depository library center within one month of receipt of the shipment. After that time, requests shall be made directly to the issuing agency or the state printer.

3.9(6) Withdrawal of a library from the program.

a. A full depository library may withdraw from the depository program by sending written notice to the depository library center 60 days prior to such withdrawal.

b. A core depository library may withdraw from this program by sending written notice to the depository library center.

c. A library’s depository designation may be withdrawn for failure to conform to the terms of the contract.

d. Upon termination of the contract the depository documents become the property of the depository library center and must be returned to the center or to such other depositories as may be specified by the center.

These rules are intended to implement Iowa Code sections 256.50 to 256.55.

[Filed emergency 3/3/94—published 3/30/94, effective 3/30/94]

[Filed 5/6/94, Notice 3/30/94—published 5/25/94, effective 6/29/94]

[Filed 11/25/98, Notice 9/23/98—published 12/16/98, effective 1/20/99]

[Filed emergency 6/9/99—published 6/30/99, effective 6/9/99]

[Filed 8/6/99, Notice 6/30/99—published 8/25/99, effective 9/29/99]

chapter 4
ICN Classroom Policy

286—4.1(256) Definitions. The definitions used in Iowa Code chapters 17A and 256 will apply for terms used throughout this chapter. In addition, the following definitions will apply:

“Americans With Disabilities Act” means P.L. 101–336, a federal act to establish a clear and comprehensive prohibition of discrimination on the basis of disability.

“Good order” means leaving the room in good condition so that another group could follow without having to clean or set up the room.

“ICN” means Iowa Communications Network, a fiber optics audio/video two–way communications system that can connect multiple sites statewide.

“ICN scheduling process” means all scheduling is subject to scheduling policies adopted by the Iowa Telecommunications and Technology Commission (ITTC). Scheduling requests are sent by the local ICN site scheduler on the ICN request form to Iowa Public Television (IPTV) for confirmation.

“ICN site scheduler” means the individual or individuals at the host facility designated to schedule use of the ICN classroom.

286—4.2(256) Primary use. Primary use of the state library ICN classroom is for library activities and meetings. When the room is not being used for library purposes, it may be available to any authorized ICN user on a first–come, first–served basis through the ICN scheduling process. (For authorized user, see Iowa Code section 8D.2, subsections 4 and 5). Availability is at the discretion of the state library. The state library reserves the right to cancel any scheduled activity when circumstances warrant such measures.

286—4.3(256) Library hours, access, and information. The ICN classroom is open, during normal library hours, Monday through Friday, 8 a.m. to 4:30 p.m., in the basement of the Old Historical Building, East 12th and Grand Avenue, Des Moines, Iowa 50319. Access shall be primarily through the north entrance to the building. Telephone for additional information to (515)281–4105 or fax to (515)281–6191.

286—4.4(256) Charges and financial responsibility. The user is financially responsible for all ICN telecommunication charges incurred for the use of the room.

286—4.5(256) ICN room requests and scheduling process. ICN room requests must be submitted, in writing through the ICN scheduling process, at least 72 hours in advance. Cancellations must be done at least 48 working hours prior to the event through the ICN scheduling process or user may be billed by the ICN.

286—4.6(256) First time use and training. First time use of ICN classroom equipment will require training. Such training is available by contacting the local ICN site scheduler.

286—4.7(256) Accommodations for handicapped. A user of the state library ICN classroom must comply with the Americans With Disabilities Act and is responsible for providing qualified interpreters or auxiliary aids if requested. The cost of reasonable accommodation is assumed by the user.

286—4.8(256) Financial responsibility for damage. The user is financially responsible for any damage to or loss of library property. The user is responsible for leaving the state library ICN classroom in good order. Failure to leave the room in good order, misconduct, loss of or damage to library property are grounds to refuse any user and may result in the immediate termination of the meeting or event.

286—4.9(256) Food and nonalcoholic beverages. Food and nonalcoholic beverages are allowed in the room but not in the presentation area.

286—4.10(256) Smoking. The building is smoke–free. No smoking is permitted.

286—4.11(256) Endorsement. Permission to use the state library ICN classroom does not imply endorsement of, or agreement with, the purpose(s) or the expression of any individual or organization by the Iowa commission of libraries, the state library, or its staff.

286—4.12(256) Visitor parking. Visitor parking is available in designated areas around the capitol complex. Complaints or accident reports are to be filed with capitol police at (515)281–5608.

286—4.13(256) Copyrighted material. Use or transmission of copyrighted material, without prior approval of the copyright holder, is strictly prohibited. Appropriate use of copyrighted material is the responsibility of the user, not the state library.

These rules are intended to implement Iowa Code section 256.52(3)“a” and “c.”

[Filed 3/8/96, Notice 1/31/96—published 3/27/96, effective 5/1/96]

CHAPTER 5

Reserved

chapter 5

chapter 6
LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) PROGRAM

[Prior to 3/30/94, see Cultural Affairs Department[221], Library Division[224] Ch 6]

286—6.1(256) Description. The Library Services and Technology Act (LSTA) program is an annual, federally funded program which provides assistance to libraries and library programs in Iowa. The purpose of the Library Services and Technology Act is to stimulate excellence and promote access to learning and information resources in all types of libraries for individuals of all ages. The federal LSTA program, authorized by P.L. 104–208 (H.R. 3610) and enacted September 30, 1997, supersedes the Library Services and Construction Act (LSCA).

6.1(1) The state library administers and uses the state–based LSTA funds (in any proportion) directly or through subgrants or cooperative agreements for the purposes of

a. Establishing or enhancing electronic linkage among or between libraries;

b. Electronically linking libraries with educational, social, or information services;

c. Assisting libraries in accessing information through electronic networks;

d. Encouraging libraries in different areas, and encouraging different types of libraries to establish consortia and share resources; and

e. Paying costs for libraries to acquire or share computer systems and telecommunications technologies.

6.1(2) The state library targets library and information services to persons having difficulty using a library and to underserved urban and rural communities, including children (from birth through age 17) from families with incomes below the poverty line.

286—6.2(256) Advisory councils.

6.2(1) State LSTA advisory council. The LSTA advisory council meets at least annually. The state library when desiring assistance in the program may also call meetings of the LSTA advisory council. The council members are appointed by the state librarian and are broadly representative of the library entities in the state, including public, school, academic, special, and institutional libraries.

The council aids the state library in identifying the needs of the Iowa library community and provides suggestions for meeting those needs in accordance with the basic guidelines of the Five–Year Plan for the Use of Library Services and Technology Act (LSTA) Funds. The council also assists the state library in evaluating LSTA programs and activities and assists the state library in the five–year–plan evaluation.

6.2(2) State SILO advisory committee. The SILO advisory committee shall consist of representatives of the Iowa library community.

The SILO advisory committee reviews the technology needs of Iowa libraries and provides suggestions for meeting those needs in accordance with the basic guidelines of the Five–Year Plan for the Use of Library Services and Technology Act (LSTA) Funds.

286—6.3(256) Process. The state library administers and uses the state–based LSTA funds (in any proportion) directly or through subgrants or cooperative agreements. The actual amount, timing, and availability of funds for projects is determined by the state library of Iowa in consultation with the LSTA advisory council and the Iowa library community. In accordance with the principles set forth in the basic guidelines of the Five–Year Plan for the Use of Library Services and Technology Act (LSTA) Funds, individual grants are not anticipated. However, when individual grants are deemed to be the appropriate vehicle to meet the identified needs as well as the intent of the guidelines, information on grants will be published and distributed statewide.

6.3(1) Eligibility. Eligibility of projects will be determined by the Five–Year Plan for the Use of Library Services and Technology Act Funds. The use of the funds will have a major impact on library service to Iowans; increase access to information; have a statewide benefit; foster cooperation, resource sharing, and partnerships; involve all types and sizes of libraries; encourage innovation; and emphasize evaluation.

6.3(2) Reporting procedures. All LSTA grant recipients shall submit to the state library documentation of LSTA project–related expenses and periodic and final project reports. LSTA funded proj–ects are subject to on–site monitoring by state library personnel.

6.3(3) Informal appeals. Informal appeals shall be made on procedural grounds only. Such grounds include alleged conflicts of interest, unfair or impartial treatment of applications or procedures not uniformly applied to all applicants.

6.3(4) Informal appeal hearing. A written request for an informal appeal hearing shall be sent to the state librarian. The hearing shall be held within 15 calendar days of the date of the request during regular business hours of the state library. The hearing shall be held before the state librarian or such members of a review board as the state librarian designates. The state librarian shall:

a. Notify the appellant as to the day, hour, and location of the hearing;

b. Inform the appellant of the right to submit any written documents regarding the application;

c. Inform the appellant that a spokesperson must be appointed if the appeal involves more than one person per project. The state librarian or designees shall direct questions only to the spokesperson during the hearing. Any other discussion or comments shall be reserved for a closed executive session. No indication of decision shall be given at the time of the hearing;

d. Notify the appellant in writing of the decision of the state librarian or designee within five calendar days of the hearing.

6.3(5) Formal appeal. A formal appeal of the LSTA decision may be made to the Iowa commission of libraries.

a. The appellant’s argument shall contain:

(1) The facts of the appeal;

(2) An argument in favor of the appeal;

(3) The remedy sought.

b. Appeals will be allowed on the procedural grounds that:

(1) Staff of the state library or the advisory council acted outside the statutory authority;

(2) Projects do not fall within the guidelines of the five–year plan;

(3) Staff of the state library or advisory council were influenced to act as a result of a conflict of interest;

(4) Staff of the state library or the advisory council acted in a biased or unfair manner.

c. The commission will consider and rule on the appeal after receiving all documentation from the appellant and will notify the appellant in writing of the decision within 30 days. The decision of the commission is final except as provided for in Iowa Code sections 17A.19 and 17A.20.

These rules are intended to implement Iowa Code section 256.51(2)“b.”

[Filed 1/21/77, Notice 7/12/76—published 2/9/77, effective 3/16/77]

[Filed 4/19/79, Notice 11/15/78—published 5/16/79, effective 7/1/79]

[Filed 6/3/91, Notice 3/20/91—published 6/26/91, effective 7/31/91]

[Filed emergency 3/3/94—published 3/30/94, effective 3/30/94]

[Filed 5/6/94, Notice 3/30/94—published 5/25/94, effective 6/29/94]

[Filed 11/25/98, Notice 9/23/98—published 12/16/98, effective 1/20/99]

chapter 7
INTERNET USE POLICY

Purpose

Access to the Internet is provided to enhance the state library’s collections of information resources. It is intended for the educational and informational use of the library’s customers. Sales activity, distribution of advertising and those unapproved uses defined under the Code of Iowa are prohibited. (See Iowa Code chapter 728)

286—7.1(256) Rights and responsibilities.

7.1(1) The state library expects the use of all its electronic sources such as the Internet to be responsible, ethical, and legal, and consistent with the purpose for which those resources are provided. To this end:

a. The state library affirms the right of every individual to have access to constitutionally protected material as stated in the library’s collection development policy.

b. Parents or guardians, not the library or its staff, are responsible for the Internet use by their children.

c. Internet access is provided in a public area shared by users of all ages, backgrounds, and sensibilities. Users should consider this when accessing potentially controversial information and images.

d. The state library reserves the right to ask users to discontinue the display of information and images which cause a disruption.

e. Users should respect the privacy of other Internet users by not observing what sites others are accessing.

f. Users will not misrepresent themselves as any other user; will not attempt to modify or gain access to files, passwords, or data belonging to others; will not seek unauthorized access to any computer system, or damage or alter software components of any network or database.

g. Illegal activities subject to prosecution include:

(1) Destruction of or damage to equipment, software, or data belonging to the library;

(2) Violation of computer system security or system configuration;

(3) Violation of the copyright laws of the United States;

(4) Downloading or provision of child pornography or display of pornography where it may be seen by children.

7.1(2) Violation of this computer use policy shall result in the loss of computer privileges and may lead to financial responsibility. Illegal activities will be prosecuted.

286—7.2(256) Access to Internet computers.

1. The Internet is available for any user who visits the state library. Access is on a first–come, first–served basis. Appointments are not accepted, but users are welcome to call ahead to check availability.

2. Internet computers are available for use during the library’s normal business hours. Use must be completed 15 minutes prior to the library’s closing. The Internet may be unavailable due to unforeseen problems with hardware, software or telecommunications.

3. Users may be asked to log their beginning time at the main desk before using the computer for Internet access. Initial use will be limited to one hour. If no other users are waiting, use time may be extended at the discretion of the librarian on duty.

4. While respecting individual users’ right to privacy, state library staff reserves the right to monitor use of Internet workstations to ensure compliance with this policy. Staff may ask users to remove themselves from library equipment if observed behavior is in conflict with this policy.

5. Staff use of computers for research and maintenance may, at times, supersede users’ access.

286—7.3(256) Costs. Floppy disks are available for $1 per disk. Users must purchase a clean disk from the main desk for downloading. Users cannot use their own disks. Printing is available for 20 cents per page and must comply with U.S. copyright laws.

286—7.4(256) Internet services available. Users may access the Internet via the World Wide Web, telnet, and gopher.

286—7.5(256) Downloading and saving files. Downloading will be allowed only for selected files, such as census data or government documents not available in print format. Such files may be saved only to floppy disk on the A: drive, never to the hard disk. Users must purchase a clean disk from the main desk for downloading. Users cannot use their own disks. Downloaded files cannot be viewed on the state library computers. Users cannot load or read their own disks on the state library computers.

Downloaded files may contain viruses. The state library is not responsible for damage to a user’s computer, or for any loss of data or damage to files on a user’s computer as a result of downloaded files.

286—7.6(256) Staff assistance.

1. Users are expected to have a basic knowledge of computer use and the Internet. Staff cannot provide in–depth training for users, but will provide information on training classes in the area. An online tutorial will be available for users not familiar with the Internet.

2. State library staff will answer basic questions about Internet use or help locate resources. Internet reference books are available in the library’s collection.

3. Staff reserves the right to waive the procedures contained in this document as circumstances warrant.

These rules are intended to implement Iowa Code sections 256.51 to 256.56.

[Filed 11/25/98, Notice 9/23/98—published 12/16/98, effective 1/20/99]

chapter 8
IOWA REGIONAL LIBRARY SYSTEM

286—8.1(256) Purpose. This chapter describes the organization and operation of the Iowa regional library system (hereinafter referred to as the regional system or system) consisting of seven regional libraries (hereinafter referred to as the regions or the regional libraries) and establishes regional library service standards.

286—8.2(256) Definitions. The definitions in Iowa Code chapters 17A and 256 and in other chapters of the division’s administrative rules apply for terms used throughout this chapter. In addition, the following definitions apply:

“Consultation” means the process of advising librarians, trustees, local government officials, and others on local library management and operations.

“Continuing education” means a lifelong learning process, which builds on and modifies previously acquired knowledge, skills, and attitudes of the individual.

“Information services” means providing local library patrons with access to professional reference librarians and to larger reference collections in order to answer local patrons’ information questions.

“Interlibrary loan (ILL)” means providing local library patrons with access to materials that are not available in the local collection.

“OCLC” means the not–for–profit organization that cumulates electronic card catalog records from member libraries around the world and makes those records available to all members for the purpose of cataloging, interlibrary loan, and acquisitions.

286—8.3(256) Organization. The regional library system consists of seven regional libraries each located in and serving a different geographic area of the state. Business hours are 8 a.m. to 4:30 p.m., Monday through Friday, excepting legal holidays. The seven regional libraries are:

1. Central Iowa Regional Library System, 8345 University Blvd., Suite E–1, Clive, Iowa 50325, telephone (515)223–7709 (serves libraries in Polk, Marion, Greene, Dallas, Madison, Warren, Boone, Story, Marshall, and Jasper counties);

2. East Central Regional Library System, 222 Third St. SE, Suite 402, Cedar Rapids, Iowa 52401, telephone (319)365–0521 (serves libraries in Linn, Jones, Iowa, Johnson, Cedar, Tama, Benton, Poweshiek, Jackson, and Clinton counties);

3. North Central Regional Library System, 22 North Georgia, Suite 208, Mason City, Iowa 50401, telephone (515)423–6917 (serves libraries in Cerro Gordo, Franklin, Hancock, Humboldt, Wright, Webster, Kossuth, Winnebago, Hamilton, Hardin, Worth, Mitchell, and Floyd counties);

4. Northeastern Iowa Regional Library System, 415 Commercial St., Waterloo, Iowa 50701, telephone (319)233–1200 (serves libraries in Black Hawk, Delaware, Dubuque, Grundy, Butler, Bremer, Howard, Winneshiek, Allamakee, Chickasaw, Buchanan, Fayette, and Clayton counties);

5. Northwest Regional Library System, 529 Pierce St., P.O. Box 1319, Sioux City, Iowa 51102, telephone (712)255–2939 (serves libraries in Woodbury, Lyon, Sioux, Osceola, Dickinson, Emmet, Clay, Palo Alto, O’Brien, Plymouth, Cherokee, Buena Vista, Pocahontas, Ida, Sac, Calhoun, Monona, Crawford, and Carroll counties);

6. Southeastern Library Services, 4209½ West Locust, Davenport, Iowa 52804, telephone (319)386–7848 (serves libraries in Scott, Appanoose, Davis, Wapello, Jefferson, Van Buren, Lee, Monroe, Mahaska, Keokuk, Henry, Des Moines, Muscatine, Louisa, and Washington counties);

7. Southwest Iowa Regional Library System, 310 W. Kanesville, M–4, Council Bluffs, Iowa 51503, telephone (712)328–9218 (serves libraries in Pottawattamie, Harrison, Shelby, Audubon, Guthrie, Cass, Adair, Mills, Fremont, Page, Montgomery, Adams, Union, Taylor, Clarke, Lucas, Ringgold, Decatur, and Wayne counties).

286—8.4(256) Governance.

8.4(1) Regional boards of library trustees. The system consists of seven regional boards of library trustees whose election and representation are prescribed in Iowa Code sections 256.61 and 256.62. Each board of library trustees sets its own meeting schedule and operating procedures.

8.4(2) Minutes. Minutes of meetings of regional boards of library trustees are available for inspection at the administrator’s office of each respective regional library during regular business hours.

8.4(3) Iowa regional library system trustees council. Membership of the council is comprised of all the boards of library trustees of the seven regional libraries. The council’s purpose is to further the programs of the regional library system and to serve as a clearinghouse, coordinating cooperative actions and programs initiated by the individual regions or by the council itself.

8.4(4) Iowa regional library system trustees executive board. Comprised of 2 trustees from each of the regional boards of library trustees of the seven regional libraries, the 14–member executive board is responsible for approving the system’s budget request, long–range plan, and annual joint plan of service, and pursuing opportunities to enhance system services.

8.4(5) Federated system. The Iowa regional library system is a federated system, meaning that all public libraries within each region’s jurisdiction are independent libraries with their own administrative boards of trustees.

286—8.5(256) Services.

8.5(1) Advisory. Regional libraries act in a consultative and advisory capacity, providing support services and encouraging local library development and funding.

8.5(2) Consultation services. Regional libraries:

a. Provide information, technical advice, and professional opinion on all aspects of library management for local library boards, staff, and governmental officials. Requests from local libraries are answered as soon as possible, within an average of two days. Responses are delivered via telephone, fax, E–mail, or by an on–site visit to the local library, depending upon the need and the complexity of the question.

b. Provide training and development opportunities for Iowa’s public library trustees on the nature of public library law and governance. These opportunities may take the form of workshops or on–site presentations at local board meetings.

c. Visit new library directors to discuss the responsibilities of the director’s position and the effective provision of library service, as well as to acquaint them with services available from the regional library system and from the state library.

d. Provide information and technical advice on the uses of technology in public libraries, including implementing automation systems, converting data to electronic form, acquiring and using the Internet, purchasing new computer hardware and software and using electronic information resources including SILO and online databases.

e. Answer questions regarding statewide programs such as Enrich Iowa, Open Access, Access Plus, SILO, librarian certification, library accreditation, and annual reports, thus enabling library boards and staff to better understand these programs and to participate more effectively.

f. Communicate with libraries on a regular basis via newsletters and electronic media.

8.5(3) Continuing education. Regional libraries:

a. Conduct annual continuing education needs assessments of libraries within each respective region in order to address continuing education needs and to coordinate statewide delivery of continuing education activities for local library personnel.

b. Sponsor continuing education workshops on all aspects of public library governance and management for local library boards and staff.

c. Sponsor training in the use of the Internet and other information technologies for local library boards and staff.

8.5(4) Information services. Regional libraries:

a. Provide backup reference service for local libraries, answering questions from library customers that local library staff are unable to answer with their own resources. Eighty percent of these questions are answered within one week of receipt; all questions are answered or a progress report is supplied to the local library within two weeks of receipt.

b. Train local library staff on reference service including conducting effective reference interviews with customers, evaluating/building a reference collection, using the Internet and other electronic information resources such as SILO to supplement local collections. At least one continuing education workshop on providing reference service is offered each fiscal year.

8.5(5) Interlibrary loan services. Regional libraries:

a. Train local library staff in the effective use of the SILO ILL system. Regional staff visit libraries and offer on–site training within one month of the local library’s acquiring Internet access.

b. Answer SILO–related questions from library boards and staff within two working days.

c. Provide access (within two working days) to the OCLC interlibrary loan subsystem in order to facilitate access to materials owned by libraries outside Iowa.

d. Process interlibrary loan requests for those libraries without access to SILO. Regional library staff process all interlibrary loan requests within two working days of receipt.

286—8.6(256) State library of Iowa. The regional library system and the state library work cooperatively to improve library service within the state of Iowa. These agencies are partners in advancing local library service and library development across the state. Chief partnership efforts include, but are not limited to:

1. An annual joint plan of service;

2. Joint sponsorship of continuing education programs for local library boards and staff;

3. Cooperative training of local library boards and staff on state library–administered program;

4. Effective use of technology; and

5. Planning, in partnership with Iowa’s library community, for library service delivery in the future.

286—8.7(256) Planning.

8.7(1) Annual joint plan of service. The joint plan is developed with the state library. The plan includes a description of the system’s programs and services. The annual joint plan is submitted to each regional library board of trustees for approval. Upon approval, the plan of service is submitted to the director of the department.

8.7(2) Long–range plan for the regional library system. The long–range plan includes how the system intends to provide programs and services to Iowa’s public libraries for the next three to five years. The long–range plan is submitted to each regional library board of trustees for approval. Upon approval, the document is submitted to the director of the department.

These rules are intended to implement Iowa Code section 256.51(1)“k.”

[Filed 11/10/99, Notice 9/22/99—published 12/1/99, effective 1/5/00]

chapter 9
APPOINTMENT PROCESS FOR LIBRARY SERVICE AREA BOARDS OF TRUSTEES

286—9.1(256) Definitions. The definitions used in Iowa Code chapters 17A and 256 shall apply for terms used throughout this chapter. In addition, the following definitions shall apply:

“Area education agency media division representative” means an individual currently employed by an area education agency (AEA) media division located within the geographic boundaries of the library service area.

“At–large representative” means an individual residing within the geographic boundaries of the library service area.

“Board” means the seven–member governing board of trustees for each of the seven library service areas.

“Commission” means the Iowa commission of libraries, which serves as the governing board of the state library.

“Community college representative” means an employee or a trustee of a community college located within the geographic boundaries of the library service area and whose position, experience, and background are relevant to the responsibilities and duties of the library service area.

“Library patron representative” means a user of any type of library located within the geographic boundaries of the library service area.

“Library service area” means an intermediate service agency established to provide support services to libraries, including consulting, continuing education, and interlibrary loan and reference services, and to encourage local financial support for library services.

“Public library employee” means a person currently employed by a public library located within the geographic boundaries of the library service area.

“Public library trustee” means a current member of the governing board of trustees of a public library located within the geographic boundaries of the library service area.

286—9.2(256) Authority. The commission coordinates the appointments to the boards of trustees of the library service areas and ensures appointments are consistently made across the state and are in compliance with administrative rules.

286—9.3(256) Board overview. A library service area board of trustees, balanced by gender and political party (to be verified by state voter registration records), consists of seven members representing constituencies located within the library service area’s geographic boundaries. Each board shall include an AEA media division representative, a public library trustee, a public library employee, a community college representative, a library patron, and two at–large representatives.

9.3(1) Terms for library service area board members shall be four years, except for board members appointed in 2001 who shall serve staggered terms as follows:

AEA media division representative 2–year term

Public library trustee 3–year term

Public library employee 4–year term

Community college representative 2–year term

Library patron 3–year term

At–large representative 4–year term

At–large representative 2–year term

9.3(2) No library service area board member shall serve more than two consecutive terms.

9.3(3) The position of any board member shall be considered vacant if the member is absent from three consecutive regular meetings of the board, except in the case of illness or temporary absence, or if the member no longer fulfills the qualifications of the member’s appointment.

9.3(4) The state library shall be notified by the administrator of the library service area when a board vacancy occurs.

9.3(5) Each library service area board shall elect two members to serve on a library service area executive council.

286—9.4(256) Appointments. The board members shall be mutually appointed within each library service area in accordance with the following process.

9.4(1) Area education agency media division representative. Directors of the AEA media divisions located within the geographic service area of the library service area shall be contacted by the commission and asked to mutually agree on a representative and submit to the commission an appointment form signed by all AEA media division directors within the library service area.

The commission shall notify the administrator of the library service area of the appointment.

9.4(2) Public library trustee and public library employee. One statewide nominating committee for the seven library service area boards shall be convened by the commission. Voting members of the nominating committee shall include two members appointed by the commission and one representative appointed by each of the following library organizations: the Iowa Library Association, the Iowa Library Trustees Association, the Iowa Small Libraries Association, the Iowa Libraries of Medium Size, and the Iowa Urban Public Libraries. Each library organization shall be asked to consider size and location of community in making an appointment. State library staff shall assist in accomplishing the work of the nominating committee.

a. The nominating committee shall:

(1) Solicit nominations for public library trustees (must be a public library trustee at the time of appointment) and public library employees (must be a public library employee at time of appointment) in each of the library service areas through various means (i.e., newsletters, Web sites, electronic mailing lists).

(2) Receive nominations on standardized nomination forms that include information on political party and gender.

(3) Develop a slate of public library trustee candidates for each of the seven library service areas as vacancies occur. To ensure an adequate number of candidates to meet the political party and gender balance requirements and other considerations such as candidate qualifications and size and location of community represented, each slate must include at least two candidates.

(4) Develop a slate of public library employee candidates for each of the seven library service areas as vacancies occur. The nominating committee shall seek a broad cross section of library employees for the public library employee slates. To ensure an adequate number of candidates to meet the political party and gender balance requirements and other considerations such as candidate qualifications and size and location of community represented, each slate must include at least two candidates.

(5) Ensure that each public library board has an equal voice by distributing one public library trustee ballot to the president of each public library board of trustees located within the geographic boundaries of the library service area. It is the responsibility of the president of the local public library board to confer with other board members, to vote for one candidate, and to return the ballot to the nominating committee.

(6) Ensure that each public library has an equal voice by distributing one public library employee ballot to the director of each public library located within the geographic boundaries of the library service area. It is the responsibility of the public library director to confer with library staff, to vote for one candidate, and to return the ballot to the nominating committee.

(7) Collect and count the votes for public library trustee and public library employee candidates in each library service area. The candidates with the most votes shall be appointed to the library service area board provided that statutory requirements concerning political party and gender balance are fulfilled. If political party and gender balance is not achieved, the nominating committee shall select the candidate with the highest number of votes who meets political party and gender balance requirements.

(8) Submit to the commission election results for the public library trustee representative and the public library employee representative for each library service area board.

b. The commission certifies the election results and notifies the administrator of the library service area of the appointments.

c. In the event a public library trustee or public library employee vacancy occurs before the end of a term, the commission shall appoint a public library trustee or public library employee to serve the remainder of the term. When possible, appointees will be selected from the candidates voted upon on the most recent ballot.

9.4(3) Community college representative. The presidents of the community colleges located within the geographic boundaries of the library service area shall be contacted by the commission and asked to coordinate the selection of a representative mutually agreed upon by the community college boards of trustees. The community college presidents shall be asked to submit to the commission an appointment form signed by all of the community college presidents within the library service area. The representative whose position, experience, and background are relevant to the responsibilities and duties of the library service area must be an employee of a community college or be a community college board member within the library service area.

The commission shall notify the administrator of the library service area of the appointment.

9.4(4) Commission appointees. The commission shall appoint to each library service area board one individual to represent library users residing within the boundaries of the library service area. The commission shall also appoint to each library service area board two individuals to represent the public at large residing within the boundaries of the library service area.

a. For the library patron representatives, the commission shall:

(1) Solicit nominations from Iowa libraries of all types. Nomination forms are to be submitted to the commission.

(2) Consider candidate qualifications and current library service area board makeup (i.e., political party and gender balance, size and location of community, type of library) when making appointments.

(3) Notify the administrator of the library service area of the appointment.

b. For the at–large representatives, the commission shall:

(1) Solicit nominations from Iowa libraries of all types. A candidate may be a current or past employee of any type of library, a current or past library trustee, a library patron, or a member of the general public. Nomination forms shall be submitted to the commission.

(3) Notify the administrator of the library service area of the appointments.

286—9.5(256) Review process. Actions of the commission regarding appointments to library service area boards of trustees may be reviewed as follows:

9.5(1) Reviews shall be made on procedural grounds only. Such grounds include alleged conflicts of interest or procedures not uniformly applied to all library service areas.

9.5(2) A written and signed explanation of the concern shall be sent to the chairperson of the commission. The letter of explanation shall include:

a. The facts of the concern;

b. Suggested remedy; and

c. An argument in favor of the remedy.

9.5(3) The commission shall consider the concerns and remedies expressed in the letter of explanation and will provide the individual with a written response within 30 calendar days.

These rules are intended to implement 2001 Iowa Acts, House File 637, section 14.

[Filed emergency 6/20/01—published 7/11/01, effective 7/20/01]