District Planning Checklist

Yes

No

Planning

A preliminary study of the feasibility and suitability of the new library jurisdiction has been conducted, including a review of alternatives.

An assessment of the impact the proposed merger will have on the funding for distribution to other libraries in the county or region has been done.

The municipal governing board or boards that are to fund the program have defined their responsibilities. 

Legal counsels for participating communities, the regional public library system, and the state library have reviewed the agreement noted above. 

Yes

No

Legal Issues

The library will be established in accordance with state law.

A legally appointed and constituted public library board will govern the library. 

The method and number of appointments (or election) to the board has been determined. 

The library board will control the expenditure of all capital and operating moneys collected, donated, or appropriated for the public library fund as outlined in state law. 

The public library board will employ a library director who is qualified and maintains the appropriate level of certification under state law (if any).

There is a clear definition of how legal counsel will be provided.  There should be provision for allocating indirect costs if legal advice is received through one of the participating municipalities.

The public library board will follow statutory requirements as to fiscal year, audits, budgeting process, and annual reports to the municipal governing authority and the state library agency.

The proposed plan clearly spells out a defined process, timetable and notice requirements for any dissolution of the library agency.  Clear provision is made for dispersal of all tangible assets in the case of dissolution of the agreement. 

Yes

No

Building

The building that will house the proposed combined public library is in compliance with the provisions of Title II of the Americans with Disabilities Act (ADA).

The building provides adequate space to implement the full range of library services consistent with the library’s comprehensive long-range plan and appropriate state standards.

The plan clearly identifies who will own the buildings, land, equipment, and other tangible assets.  Title transfer (if any) has been clearly defined.

Yes

No

Financial

The plan clearly specifies the respective liabilities for legal claims and judgments made against the library agency.

If the library board does not have taxing authority, or if it is a multi county or multi-community operation, there is a clearly established method for determining the total amount of annual operating and capital budgets.  This should include provision for what happens if one community agrees to a library board proposal and the other party or parties do not.  The plan clearly identifies needed deadlines, timetables, and procedures.

Yes

No

Personnel

The contract defines for which employment purposes the staff are to be considered employees of the library or one or the other of the constituent municipalities and/or the district.  Human resource professionals and legal counsel should be consulted so that employee as well as employer rights and privileges are properly considered. 

The contract defines the share of state and federal retirement costs attributable to each participating municipality of a district. 

The contract defines the shares of unfunded pension liability (if any) attributable to each participating municipality and/or the district.

There is a clear delineation regarding the personnel policy for the library staff.  This should include grievance policies, severance conditions, and necessary requirements regarding state and federal laws for equal employment, ADA requirements, and so forth.