New Jersey State Library

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N.J.A.C.
15:22-1.7. Duties of council of members

(a) The duties of the council of members of the regional library cooperative shall include, but not be limited to, the following:

1. Review and adopt bylaws, which are subject to approval by the State Librarian;
2. Elect members of the executive board;
3. Approve the three-year plan and its annual operating program;
4. Approve the annual budget.

N.J.A.C.
15:22-1.8. Exectuive board: organization and duties

(a) The executive board shall be composed of a minimum of nine and a maximum of 15 members to include at least:

1. Five members elected by the council of members of the regional library cooperative: one each from an academic library, an institutional library, a public library, a school library and a special library. If an institutional representative is not available, that position may be filled by an at-large representative.
2. Two members at large elected by the council of members of the regional library cooperative;
3. Two lay representatives elected in accordance with the bylaws adopted by the regional library cooperative. Each must reside within the designated area of the regional library cooperative; and
4. Additional members, up to a maximum of six, who shall be elected in accordance with bylaws adopted by the council of members of the regional library cooperative.

(b) The executive board shall be governed by the bylaws adopted by the council of members of the regional library cooperative and all board meetings shall be conducted in accordance with the Open Public Meetings Act pursuant to N.J.S.A. 10:4-6.

(c) The duties of the executive board shall be to:

1. Hire an executive director and any necessary additional staff, fix their compensation and establish terms and conditions of employment;
2. Develop the three-year plan and submit it to the council of members of the regional library cooperative for approval;
3. Develop the annual operating program and budget and any revisions to the three-year plan and submit them in writing to the council of members of the regional library cooperative for approval;
4. Contract with libraries, library-related agencies, local library cooperatives, commercial vendors, individuals, or any other designated regional library cooperative as may be necessary to implement the three-year plan for the regional library cooperative;
5. Receive and disburse all income;
6. Submit quarterly a report including a financial report to the membership of the regional library cooperative and to the State Librarian;
7. Submit the three-year plan, the annual update, and the annual budget to the State Librarian for review and approval; and
8. Submit to the State Librarian an annual report, including a program evaluation and financial audit, and any additional reports as the State Librarian may require.

N.J.A.C.
15:22-1.9. Executive board; term of office

(a) Members of the first executive board shall be elected for staggered terms of one, two and three years, with terms to be apportioned among the total members. Thereafter, each member of the executive board shall be elected for a term of three years.

(b) No member of the executive board shall serve for more than two consecutive terms. Upon serving two consecutive terms, a member of the executive board may serve again only after an interim of at least two years.

(c) Vacancies shall be filled for the unexpired term in accordance with the provisions of the bylaws.

N.J.A.C.
15:22-1.10. Executive director; appointment and duties

(a) The executive director hired by the executive board of the regional library cooperative shall be eligible for certification as a professional librarian or educational media specialist by the State Department of Education or have graduated from a master's degree program in library science.

(b) The duties of the executive director shall include, but not be limited to, the following:

1. Coordinate and administer the activities, programs and services of the regional library cooperative;
2. Supervise the staff of the regional library cooperative;
3. Assist in developing the three-year plan for executive board review and council of members' approval;
4. Assist in developing the annual program and budget for review by the executive board and approval of the council of members of the regional library cooperative;
5. Negotiate all contracts for executive board approval; and
6. Attend meetings of the executive board and of the regional library cooperative.

N.J.A.C.
15:22-1.11. Regional library cooperative; responsibilities and services

(a) Within one year following establishment and designation as a regional library cooperative and receipt of an initial appropriation, each regional library cooperative shall submit for approval by the State Librarian a three-year plan for regional library cooperative services and annual program and operating budget in support of the plan.

(b) Annually thereafter, each regional library cooperative shall submit for approval by the State Librarian any revisions to its three-year plan and an annual program and operating budget in support of the plan.

(c) The goals, objectives, programs, and activities specified in a three-year plan for regional library cooperative services shall provide that:

1. All contracts meet applicable Federal and State rules;
2. The terms and conditions of all contracts be part of and made consistent with the goals, objectives, programs and activities of the plan;
3. All contract services be provided to member libraries, library-related agencies and residents of the library region in accordance with the plan; and

(d) In order to provide to every resident of New Jersey full and equal access to the collective library resources of the State, the State Library shall assure that the following services are provided in each region:

1. Information/reference services to supplement those provided by each local library, including interlibrary reference and referral services to residents of the library region;
2. Interlibrary loan/document delivery services on behalf of residents of the library region;
3. Delivery services for library materials including surface and electronic delivery;
4. Technology initiatives designed to maximize interconnectivity of the State's information resources and those seeking to access them;
5. Technical support services for local library staff to maximize effective use of regional services; and
6. Continuing education for local library staff, particularly in areas that will maximize residents' access to information resources.

(e) Each regional library cooperative shall include the services listed in (d) above in its three-year plan and specify how the services will be provided to residents of the region. The regional library cooperatives may contract with libraries, library-related agencies, local library cooperatives, commercial vendors or individuals for the provision of any or all of these services on a regional basis.

(f) A regional library cooperative may also provide, but not be limited to, the following services:

1. Consultant services;
2. Cooperative and/or coordinated acquisition of library materials and/or subject specialization programs;
3. Reciprocal borrowing between and among member libraries;
4. Staff development and in-service training programs;
5. Access to computerized literature citation and information data bases;
6. Public relations services.

(g) The three-year plan for regional library cooperative services shall be reviewed and evaluated by the executive board on an annual basis and amended as appropriate to reflect any changes approved by the council of members of the regional library cooperative, and to provide for an annual program and operating budget. Any amended three-year plan and the annual program and budget shall be submitted to the State Librarian for review and approval.

N.J.AC.
15:22-1.12. Withdrawal from regional library cooperative

Any member may withdraw from a regional library cooperative when the board of governance or the appropriate administrative authority determines by resolution or other recorded act to withdraw. Notification of intent to withdraw shall be submitted by the board of governance or the appropriate administrative authority to the executive board of the regional library cooperative, with a copy to the State Librarian. The notice shall be filed on or before April 1 of any year, and withdrawal shall take place on or before June 30 of the ensuing year. Upon discontinuing membership, the member relinquishes its rights to any funds, supplies, materials, equipment or property held by or belonging to the regional library cooperative. Upon receipt of such notification and the satisfaction of all obligations by the withdrawing member, the executive board of the regional library cooperative shall officially note the withdrawal and shall file notice of this action with the State Library.

N.J.A.C.
15:22-1.13. Dissolution of regional library cooperative

(a) The regional library cooperative may submit an application for dissolution to the State Librarian when:

1. The council of members receives a resolution for dissolution from the executive board; or
2. A petition to dissolve is signed by 40 percent of the council of members of the regional library cooperative; and
3. The governing bodies of a majority of the council of members approve the dissolution.

(b) The application shall include a plan providing for the payment of all outstanding debts and describing how the obligations of the regional library cooperative will be liquidated.

(c) Upon receipt of the application, the State Librarian shall:

1. Determine if the area of service can be allocated to other adjoining regional library cooperatives;
2. Determine whether the assets and liabilities of the regional library cooperative can be assumed and absorbed by adjoining regional library cooperatives;
3. Take into consideration any other factors which relate to the operation and function of the regional library cooperative.

(d) If the State Librarian determines that the regional library cooperative must be liquidated and approves the plan for dissolution, the dissolution shall take effect when all the legal and fiscal obligations of the regional library cooperative have been satisfied.

(e) Each duly established and designated regional library cooperative shall remain in existence until such time as the State Librarian either revokes its designation as a regional library cooperative as specified in (e)1 below or approves a plan for dissolution of the regional library cooperative.

1. Revocation of designation as a regional library cooperative will occur when the appeals and hearing process specified in N.J.A.C. 15:22-1.18 has been completed and a regional library cooperative's three year plan, annual revision of the three year plan, annual program or annual budget are not approved by the State Librarian due to noncompliance with the provisions of N.J.A.C. 15:22-1.11.
2. Upon revocation of the designation as a regional library cooperative the State Librarian will determine if the area of service can be allocated to other adjoining regional library cooperatives and whether the assets and liabilities of the regional library cooperative can be assumed and absorbed by adjoining regional library cooperatives or by a new regional library cooperative, and will take into consideration any other factors which relate to the operation and function of the regional library cooperative.

N.J.A.C.
15:22-1.14. Local library cooperatives

Any group of academic, institutional, public, school, or special libraries or library-related agencies, or any combination thereof, may organize as a nonprofit organization pursuant to the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1 et seq., and apply for designation to one or more regional library cooperatives as a local library cooperative for the provision of cooperative or reciprocal library services among themselves on behalf of their collective library patrons. The local library cooperative may include members from more than one regional library cooperative and may receive regional or Statewide contracts for services.

N.J.A.C.
15:22-1.15. Statewide library services

(a) In order to provide to every resident of New Jersey full and equal access to the collective library resources of the State, the State Library shall assure that the services listed in N.J.A.C. 15:22-1.11 (d) are provided. The State Library may contract with libraries, library-related agencies, or commercial vendors to provide any or all of these services on a Statewide basis.

(b) Other services also may be provided Statewide.

N.J.A.C.
15:22-1.16. Library network review board

(a) A library network review board shall be appointed to advise the State Librarian with respect to:

1. The structure for provision of the following services:
   i. Reference services to supplement those provided by each local library;
   ii. Interlibrary loan;
   iii. Delivery;
2. The percentage of the network budget allocation to be expended on Statewide and on regional services;
3. The designation of State contract libraries and the terms and conditions of any Statewide service contracts;
4. Necessary or desirable Statewide and inter-regional programs or services;
5. Proposed standards for interlibrary services, including personnel qualifications;
6. Possible inter-regional reimbursement formulas for reciprocal borrowing and other cooperative programs;
7. Types of interaction and linkage of the New Jersey Library Network with interstate and national library networks.

(b) Composition of the library network review board shall be as follows:

1. Each regional library cooperative board shall appoint one representative to serve on the library network review board; and
2. The State Librarian shall appoint fourx members, one of which shall represent a library providing a statewide service.

(c) Each member of the library network review board shall serve for a term of two years. No member of the library network review board shall serve for more than two consecutive terms. Upon serving two consecutive terms, a member may serve again only after an interim of at least two years. Vacancies shall be filled for the unexpired term only. Vacancies occurring among the members appointed by the regional library cooperatives shall be filled by the regional library cooperative in which the vacancies occurred. Vacancies occurring among the members appointed by the State Librarian shall be filled by the State Librarian.

N.J.A.C.
15:22-1.17. Allocation of library network funds

(a) Each year the State Librarian shall determine the amount of the network budget allocation to be expended on Statewide and regional library services. The State Librarian shall also determine the amounts to be allocated to base funding and program development funding for regional library services.

(b) Each year the State Librarian shall identify the services to be provided on a Statewide basis and expend the amount needed for this purpose.

(c) Each year the State Librarian shall determine the amount required to provide base funds to each regional library cooperative according to the following formula:

1. Ten percent of the amount allocated shall be distributed equally among the regional library cooperatives;
2. Eighty percent of the amount allocated shall be distributed among the regional library cooperatives based on the population of the region as shown by the latest Federal census effective in New Jersey; provided that upon application by a municipality or county to the Commissioner of Education, any special census of population taken by the United States Census Bureau subsequent to its latest effective census shall determine such number of inhabitants;
3. Ten percent of the amount allocated shall be distributed among the regional library cooperatives based on the number of square miles within the region.

(d) Each year the State Librarian shall determine the amount required to provide program development funds to each regional library cooperative in accordance with requirements established by the State Librarian. However, no program development funding shall be awarded unless each regional library cooperative has received base funds.

(e) No less than 40 percent of the funds made available for the regional library cooperative shall be allocated in the annual operating budget of a regional library cooperative, and expended as necessary, to reimburse regional contract libraries for services to residents of the library region.

N.J.A.C.
15:22-1.18. Appeals and hearing process

Appeals arising from any action of the State Librarian in administering the rules of this chapter may be requested, and an opportunity given for an informal fair hearing before the State Librarian. In the event of an adverse decision after such an informal hearing, appellants may request a formal hearing pursuant to N.J.S.A. 18A:6-9, 18A:6-24, and 18A:6-27. Such hearings shall be governed by the provisions of the Administrative Procedure Act (see N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., as implemented by N.J.A.C. 1:1).