22 Pa. Code § 141.21 - Local libraries
In approving and disapproving plans for the use of State funds by local libraries, decisions of the State Librarian will be determined by the following criteria:
(1)
System participation. Whether the plan includes participation
in a cooperative system of existing and new libraries organized around a
district library center. For any plan to be approved, the library shall meet
the minimum standards of system participation.
(2)
Achievement of standards of
services. Whether the plan leads toward the achievement of the
following applicable standards:
(i)
Structure and government of library service. The structure and
government of library service shall conform with the following:
(A) The library shall have a clear legal
basis for establishment, organization, and financial support, in the case of a
library established at public expense under The Library Code (24 P.S.
§§ 4101-4503).
(B) Except
where, pursuant to a home rule charter adopted pursuant to the Home Rule
Charter and Optional Plans Law (53 P.S. §§
1-101- 1-1309), a local library is governed
by an agency other than a library board of directors, board members shall be
appointed by the municipal officers of each municipality contributing to the
support or aiding in the maintenance of a local library in accordance with
section 411 of The Library Code (24 P.S. § 4411). A municipality is judged
to contribute to the support or to aid in the maintenance of a local library
when it appropriates to the library annually an amount of money which is
equivalent to 15% or more of the yearly income of the library from all local
municipal sources. In the case of a local library established prior to June 14,
1961, each municipality which contributes to the support or aids in the
maintenance of the local library shall appoint a number of members to serve on
the board of library directors as is mutually agreed upon by such
municipalities, provided that no single municipality shall be required to
appoint more than two board members, and provided, further, that the
appointment of board positions agreed to by such municipalities shall be
subject to the approval of the State Librarian.
(C) The library shall be an integral part of
general local government.
(D) Each
municipality which maintains a local library or which contributes to the
support or aids in the maintenance of a local library within the meaning of
clause (B) of this subparagraph shall pass an ordinance or resolution
establishing or designating the library to be the agent of the municipality to
provide library service in accordance with section 415 of The Library Code (24
P.S. § 4415). If the library was not established by the municipality, the
library board shall pass a resolution accepting the designation.
(E) The public library shall report annually
to the municipality.
(F) The
library board shall commit the library, by resolution, to participation in the
district library center cooperative program.
(G) The function of the library board and the
librarian and staff shall be clearly differentiated in a written
statement.
(ii)
Service. Library service shall be as follows:
(A) The library shall maintain well-planned
hours of service.
(B) The library
shall establish a regular schedule of hours which permits all citizens of the
community easy access to the materials and services of the library.
(C) The library shall be open for service
weekly in accordance with the following minimums:
| Population | Hours Per Week |
| Less than 25,000 | 35 |
| 25,000-49,999 | 50 |
| 50,000 and more | 65 |
(D) The library shall complete and submit
within the prescribed time limit the annual report form and other forms
required by the Bureau of Library Development of the State Library.
(iii)
Library
materials. Library materials shall be governed by the following:
(A) The library shall have a written
statement of policy covering the selection and maintenance of its collection of
library materials.
(B) The library
shall provide a well-balanced minimum collection of 1 1/2 currently useful
catalogued and classified items per capita; provided that no library shall have
a collection of fewer than 15,000 such items.
(C) The library shall receive a balanced
collection of currently useful periodicals in accordance with the following
minimums:
| Population | Minimum Titles |
| Less than 10,000 | 30 |
| 10,000-24,999 | 50 |
| 25,000-49,999 | 75 |
| 50,000 and more | 125 |
(iv)
Personnel. The
retaining of library personnel shall be in conformance with the following:
(A) The following definitions shall apply in
this subparagraph:
(I) A staff member is a
person regularly used in a year-round job, other than maintenance, which is
customary and necessary for the provision of library service.
(II) Full time is at least 35 hours weekly.
The time of several individuals who regularly work at least 5 hours weekly in
year-round jobs excluding maintenance jobs may be added together and counted as
being equivalent to full time or a fraction thereof.
(III) Qualified means that the staff member
must have the training, skills and experience necessary to perform the tasks or
carry out the responsibilities of the job to which he is assigned and can give
evidence of such qualifications. To be qualified, a head librarian must be
certified as specified in clause (C).
(B) The library shall have a written
personnel policy.
(C) The library
shall be administered by a head librarian certified as follows, except that no
library shall be deprived of State aid because of having a noncertified head
librarian appointed prior to January 15, 1970:
| Required Certification | |
| Population | of Head Librarian |
| 0-9,999 | Library Assistant |
| 10,000-19,999 | Provisional Librarian |
| 20,000 and more | Professional Librarian |
(D) The library shall have a qualified staff
member, full time or equivalent, for each 3,500 persons in the direct service
area; provided that no library shall use fewer than one full time staff member.
In the case of a library which fulfills this standard by use of only one full
time staff member, that person must be certified as at least a library
assistant in accordance with §
133.6 (relating to library
assistant).
(3)
Extension of time. Whether an extension of time is needed
beyond five years in which to achieve applicable standards of library service.
A library may request such extension of time from the State Librarian in
accordance with the provisions of section 304 of The Library Code (24 P.S.
§ 4304). In approving or disapproving a library's request for an extension
of time and continuation of State aid, the State Librarian shall consider the
following factors:
(i) Possible enlargement
of the service area of the library so as to increase its local financial effort
and the amount of State aid for which it would be eligible.
(ii) Possible merger or cooperative agreement
with a district library center, a county library, or a nearby local library or
group of libraries with which it can share books and other materials, staff
services or physical facilities.
(4)
Library services to the whole
community. Whether the library services are being developed for the
community as a whole, rather than for any particular group or age level, the
following shall apply:
(i) For a plan to be
approved, any local library which provides direct service to schools in the
form of bookmobile visits or deposits of classroom book collections shall be
required to describe such service in its plans for use of State funds and
indicate the percentage of its total expenditures which is devoted to such
service to schools.
(ii) In the
first year of application for State aid, a library may qualify when it expends
more than 20% of its total operating expenditures on direct service to schools
only when it submits a plan to reduce its expenditures for direct service to
schools to an amount not exceeding 20% of its total operating expenditures
within six years of participation in State aid.
(5)
Standards of library
expenditures. Whether the financial support is adequate to provide the
applicable standards of service to its direct service area. Such support shall
be measured by an amount equal to or exceeding the local financial effort of
$.0005 times market value, or $2.00 per capita, whichever is less, in addition
to all State aid to which the library is entitled. Since State aid is intended
to supplement and not to substitute for local financial effort, no plan for the
use of State funds shall be approved which projects the reduction of the local
financial effort for normal, recurring, operating costs from a previous level
unless evidence of substantial curtailment of financial ability of the
community is accepted by the State Librarian. In the case of a library which
has participated in the aid program for more than 5 years, no plan will be
approved which projects operating expenditures of less than $15,000 in State
and local money.
(6)
Expansion of service area. Whether the library should expand
the service area to which it gives all its services free of charge. For any
plan to be approved which includes projected expansion of direct service area,
the plan of the library shall be accompanied by a copy of the agreement with
the municipal authorities that the municipality or municipalities be included
in the direct service area of such library. Any municipality which is added to
a direct service area of a library shall be considered part of that area for a
period of not less than 10 years, except when any of the following apply:
(i) Special approval is granted by the State
Librarian for excluding such municipality or municipalities from such direct
service area.
(ii) The municipal
authorities of such municipality or municipalities resolve to withdraw from
such direct service area.
(iii) The
municipality or municipalities are included in another library service area
through merger of two or more libraries or by contractual agreement.
(7)
Reduction of service
area. Whether the library should reduce the direct service area to
which it gives all its services free of charge. For any plan to be approved
which includes reduction of service area, the library's plan shall be
accompanied by a copy of the library's notification to the municipal officers
of the municipality or municipalities affected and to the county library board
of directors if one exists within the same county. Plans for the use of State
funds which include reduction of service area shall not be approved unless the
library also plans to cease to give free library service to the residents of
the municipality or municipalities affected.
(8)
Economical use of public funds.
Whether the public funds are used economically and
efficiently.
(9)
State aid
to supplement or stimulate local support. Whether State aid is planned
to supplement or stimulate local pride, responsibility, initiative and support,
rather than to substitute for them.
Notes
The Library Code (24 P.S. §§ 4101-4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).
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