LAW
Writer®
Ohio Laws and Rules
(A) The board(s) of library trustees of a library desiring and eligible to form a county library district under sections 3375.20 to 3375.212 of the Revised Code shall transmit in writing to the state librarian as secretary of the state library board, a resolution requesting the formation of a county district library. Such resolution should include the names of the school districts to be included in the proposed county library district and the reasons for the proposed action, and shall be drawn substantially in the following form:
RESOLUTION OF THE LIBRARY BOARD
The Board of Library Trustees of the ____________________________ met in ___________ session on the ____ day of ______________, 19 _____, with the following members present: __________________________________ and ___________________________________________________________ absent.
It was moved by ______________________________ that the following resolution be adopted:
RESOLUTION
REQUESTING THE FORMATION OF A COUNTY LIBRARY DISTRICT COMPOSED OF ALL THE SCHOOL DISTRICTS BEING SERVED BY THE _______________________________.
WHEREAS, there is not now in existence a County Library District in __________________________________________ County, Ohio; and
WHEREAS, all of the local, exempted village and city school districts of ______________________________ County, Ohio, in which there is not located a main library of a township, municipal, school district, association or county free public library, are receiving approved service from the library of the _______________________________________________________;
and
WHEREAS, it is deemed for the best interests of the citizens of _____________________________________________ County, Ohio, that a County Library District be established;
Sec. 2. That the said ________________ County Library District be composed of the following named school districts, to wit:
_______________________________ School District
_______________________________ School District
_______________________________ School District
and that part of each of the following school districts lying in ____________________________________ County:
_______________________________ School District
_______________________________ School District
being all of the school districts in said ___________________ County, Ohio, now being served by the ________________________________.
Sec. 3. That this resolution be submitted to the__________________________________________________________________ (Board of Education, County Commissioners, City Council, etc.) of the __________________________________________________ (School District, County, Municipality, etc.) which is the taxing authority having jurisdiction over the _________________________ Library, requesting the formation of said ___________________________ County Library District.
___________________________ seconded the motion, and the roll being called upon its adoption, the vote resulted as follows:
Adopted this ____________ day of _________________, 19_____.
___________________________________ (President)
Attest: _____________________________ (Secretary)
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF LIBRARY TRUSTEES OF THE ____________________________________________________:
Sec. 1. That the formation of a ________________________________ County Library District be and the same hereby is requested.
(B) Upon receipt of this resolution the state librarian shall within sixty days following such receipt, review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts he deems necessary to procure a full explanation of the proposed action, the boundaries of the proposed library district, and in the case of action proposed to be taken under section 3375.20 of the Revised Code, facts on the nature of approved service. The state librarian, upon completion of his study, shall transmit to the board his recommendation for approval, disapproval, or modification of the resolution and shall notify the board of library trustees which initiated the resolution and the boards of library trustees of adjacent library districts, by the manner outlined in Chapter 119. of the Revised Code as follows in part:
(1) Notice shall be given to the board(s) of library trustees of the library which initiated the request and of the adjacent library districts by registered mail of their right to a hearing on the question of the establishment of a county district library;
(2) The notice shall include the reason or reasons for the board’s proposed approval, disapproval, or modification, and a statement informing the library board that they are entitled to a hearing, if they request it, within thirty days of the time of mailing the notice;
(3) The notice shall also inform the board of library trustees of the initiating library and of the adjacent library districts that they may appear in person or by their attorney or present their position in writing and that at the hearing they may present evidence and examine witnesses;
(4) If any such board of library trustees requests a hearing, the board shall immediately set the time and place for such hearing and notify all affected boards of library trustees thereof the date of the hearing which shall be within fifteen days but not earlier than seven days after the library district has requested the hearing unless otherwise agreed to by both parties and shall conduct such a hearing pursuant to sections 119.08 to 119.10 of the Revised Code.
(C) If the state library board issues an order approving the resolution, the state librarian shall certify such action to the board(s) of library trustees which initiated the resolution and the boards of library trustees of libraries adjacent to the proposed district, and in the case of action proposed to be taken under section 3375.20 of the Revised Code, this certificate shall confirm that the library has been giving approved library service and therefore is eligible under said section to become a county district library.
(D) If the state library board issues an order modifying or disapproving the resolution, the state librarian shall within thirty days advise the board(s) of library trustees which initiated the resolution, and the boards of library trustees of libraries adjacent to the proposed district and specify the reasons for modification or disapproval.
(E) Any board of library trustees which initiates a request for a county library district or any adjacent board of library trustees which is adversely affected by the order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of Franklin county pursuant to section 119.12 of the Revised Code.
(F) Within thirty days after the state library board’s determination, the state librarian shall certify such action to the boards of election, taxing authorities, the boards of trustees of libraries affected and other appropriate bodies set forth in division (H) of section 3375.01 of the Revised Code.
HISTORY: Eff (Amended) 4-27-76; 1-30-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3375.01
119.032 Review Date: 5-20-99, 5-20-04
(A) The board of library trustees of the county district library which desires to apply to determine its boundaries shall submit to the state librarian its duly adopted resolution requesting such determination. The requesting board shall also furnish, on a form determined by the state librarian, the following information and documentation:
(1) A copy of the resolution by which the county district library was established;
(2) Information as to the current boundaries of the county district library, including maps;
(3) A statement of facts regarding the circumstances which have raised questions on the boundaries of the county library district, including maps and documentation;
(4) Any other pertinent information relating to circumstances and other parties that might be affected by a determination of boundaries;
(5) The proposed boundaries.
(B) Upon receipt of this communication, the state librarian shall within the sixty days following such receipt, review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts he deems necessary to procure a full explanation of the proposed action. The state librarian, upon completion of his study, shall transmit to the board a proposed resolution for redefinition of the boundaries, notify the board of library trustees which initiated the request, and the boards of library trustees of library districts otherwise involved by the manner outlined in Chapter 119. of the Revised Code as follows in part:
(1) Notice shall be given to the board of library trustees which initiated the request and to the boards of library trustees of all adjacent library districts by registered mail of their rights to a hearing on the question of the determination of the library boundaries;
(2) The notice shall include the reason or reasons for the board’s proposed approval, disapproval, or modification, and a statement informing the library board that they are entitled to a hearing, if they request it, within thirty days of the time of mailing the notice;
(3) The notice shall also inform the board of library trustees of the affected library districts that they may appear in person or by their attorney or present their position in writing and that at the hearing they may present evidence and examine witnesses;
(4) If any such board of library trustees is involved in a hearing, the board shall immediately set the time and place for such hearing and notify all affected board of library trustees thereof the date of the hearing which shall be within fifteen days but not earlier than seven days after the library district has requested the hearing unless otherwise agreed to by both parties and shall conduct a hearing pursuant to sections 119.08 to 119.10 of the Revised Code.
(C) If the state library board issues an order approving the resolution, the state librarian shall certify such action to the board of library trustees of libraries adjacent to the requesting library district.
(D) If by board order the resolution is modified or disapproved, the state librarian shall within thirty days advise the board of library trustees which initiated the request and the boards of library trustees of libraries adjacent to the requesting library district, and specify the reasons for modification or disapproval.
(E) Within thirty days after the state library board’s determination, the state librarian shall certify such action to the boards of election, taxing authorities, the boards of libraries affected and other appropriate bodies set forth in division (H) of section 3375.01 of the Revised Code.
HISTORY: Eff (Amended) 4-27-76; 1-30-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3375.01
119.032 Review Date: 5-20-99, 5-20-04
(A) The board of library trustees of the county district library which desires to apply to redefine its boundaries in an instance in which a school district consolidation has raised a question about the previously established boundaries of the county library district, shall submit to the state librarian its duly adopted resolution requesting such redefinition. The requesting board shall also furnish, on a form determined by the state librarian, the following information and documentation:
(1) A copy of the resolution by which the county district library was established;
(2) Information as to the current boundaries of the county district library, including maps;
(3) A statement of facts regarding the school district consolidation which has raised questions on the boundaries of the county library district, including maps and documentation;
(4) Any other pertinent information relating to circumstances and other parties that might be affected by redefinition of boundaries;
(5) The proposed redefinition of the boundaries in question.
(B) Upon receipt of this communication, the state librarian shall within the sixty days following such receipt, review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts he deems necessary to procure a full explanation of the proposed action. The state librarian, upon completion of his study, shall and shall transmit to the board a proposed resolution for redefinition of the boundaries, notify the board of library trustees which initiated the request and any other adjacent board of library trustees by the manner outlined in Chapter 119. of the Revised Code as follows in part:
(1) Notice shall be given to the boards of library trustees of all adjacent library districts by registered mail of their right to a hearing on the question of the redefining of the library boundaries;
(2) The notice shall include the reason or reasons for the board’s proposed approval, disapproval or modification action, and a statement informing the library board that they are entitled to a hearing, if they request it, within thirty days of the time of mailing the notice;
(3) The notice shall also inform the board of library trustees of the affected library districts that they may appear in person or by their attorney or present their position in writing and that at the hearing they may present evidence and examine witnesses;
(4) If any such board of library trustees requests a hearing, the board shall immediately set the time and place for such hearing and notify all affected boards of library trustees hereof the date of the hearing which shall be within fifteen days but not earlier than seven days after the library district has requested the hearing unless otherwise agreed to by both parties and shall conduct a hearing pursuant to sections 119.08 to 119.10 of the Revised Code.
(C) The state librarian shall certify the state library board’s order to the boards of library trustees involved.
(D) Any board of library trustees for a library district adversely affected by any order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of Franklin county.
(E) Within thirty days after the state library board determination, the state librarian shall certify such action to the boards of election, taxing authorities, the boards of trustees of libraries affected and other appropriate bodies set forth in division (H) of section 3375.01 of the Revised Code.
HISTORY: Eff (Amended) 4-27-76; 1-30-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3375.01
119.032 Review Date: 5-20-99, 5-20-04
(A) The board of library trustees of a school district library whose taxing authority has been involved in a school district consolidation may apply to define and adjust the boundaries of its library district and/or resolve any disputes or questions pertaining to the boundaries, organization, and operation of the new library district. Such application shall be communicated in writing to the state librarian as secretary of the state library board and shall contain:
(1) Information on the boundaries of the library district prior to the consolidation of school districts, including documents and maps;
(2) Information on school districts involved and the boundaries of said districts before and after their consolidation, including maps and documentation;
(3) Enumeration of the questions raised by the consolidation of school districts;
(4) The proposed boundaries of the library district, including a map;
(5) Any other pertinent information relating to the circumstances, problems, and parties involved.
(B) Upon receipt of this communication, the state librarian shall within the sixty days following such receipt, review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts he deems necessary to procure a full explanation of the proposed action. If this investigation shows that two or more boards of library trustees are in dispute about the proposed boundary, the state librarian shall invite each of the boards to submit a statement and documentation relating to their positions. The state librarian, upon completion of his study, shall transmit to the board a proposed resolution or resolutions for redefinition of the boundaries, and resolution of any other disputes or questions, notify the board of library trustees which initiated the request and any other adjacent board of library trustees by the manner outlined in Chapter 119. of the Revised Code as follows in part:
(1) Notice shall be given to the boards of library trustees of all adjacent library districts by registered mail of their right to a hearing on the question of the defining or adjusting of the library boundaries;
(2) The notice shall include the reason or reasons for the board’s proposed approval, disapproval or modification action, and a statement informing the library board that they are entitled to a hearing, if they request it, within thirty days of the time of mailing the notice;
(3) The notice shall also inform the board of library trustees of the affected library districts that they may appear in person or by their attorney or present their position in writing and that at the hearing they may present evidence and examine witnesses;
(4) If any such board of library trustees requests a hearing, the board shall immediately set the time and place for such hearing and notify all affected boards of library trustees thereof the date of the hearing which shall be within fifteen days but no earlier than seven days after the library district has requested the hearing unless otherwise agreed to by both parties and shall conduct a hearing pursuant to sections 119.08 to 119.10 of the Revised Code.
(C) The state library board shall notify all the boards of library trustees involved of the library board’s decision.
(D) Any board of library trustees for a library district adversely affected by any order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of Franklin county pursuant to section 119.12 of the Revised Code.
(E) The order of the state library board relating to boundaries shall be certified within thirty days by the state librarian to the boards of elections, taxing authorities, the boards of trustees of libraries affected and other appropriate bodies set forth in division (H) of section 3375.01 of the Revised Code.
HISTORY: Eff (Amended) 4-27-76; 1-30-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3375.01
119.032 Review Date: 5-20-99, 5-20-04
(A) One or more boards of library trustees may apply to amend, define, and adjust their boundaries by communicating in writing to the state librarian their desire that such action be taken. The boards shall furnish, on a form determined by the state librarian, the following information and documentation:
(1) Information as to the current boundaries of the library districts making the application;
(2) The reasons why a change is desirable;
(3) The proposed new boundaries which the libraries have agreed to;
(4) If the libraries are unable to agree on new boundaries a statement that the applicants recognize that they will be bound by the determination of the state library board; and
(5) Any other pertinent information relating to circumstances and other parties that might be affected by a boundary change.
(B) The state librarian shall within sixty days following receipt of the communication, review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts he deems necessary to procure a full explanation of the desirability of a boundary change. The state librarian, upon completion of his study, shall transmit to the board his recommendation as to whether the application should be approved, disapproved or modified and shall notify the board of library trustees which initiated the request, and the boards of library trustees of library districts otherwise involved by the manner outlined in Chapter 119. of the Revised Code as follows in part:
(1) Notice shall be given to the boards of library trustees of all adjacent library districts by registered mail of their right to a hearing on the question of the amending, defining, or adjusting of the library boundaries;
(2) The notice shall include the reason or reasons for the board’s proposed approval, disapproval or modification action, and a statement informing the library board that they are entitled to a hearing, if they request it, within thirty days of the time of mailing the notice;
(3) The notice shall also inform the board of library trustees of the affected library districts that they may appear in person or by their attorney or present their position in writing and that at the hearing they may present evidence and examine witnesses;
(4) If any such board of library trustees requests a hearing, the board shall immediately set the time and place for such hearing and notify the affected boards of library trustees thereof the date of the hearing which shall be within fifteen days but not earlier than seven days after the library district has requested the hearing unless otherwise agreed to by both parties and shall conduct a hearing pursuant to sections 119.08 to 119.10 of the Revised Code.
(C) Any board of library trustees for a library district adversely affected by any order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of Franklin county.
(D) Within thirty days after the state library board’s determination, the state librarian shall certify such action to the boards of election, taxing authorities, the boards of trustees of libraries affected and other appropriate bodies set forth in division (H) of section 3375.01 of the Revised Code.
(E) The state librarian shall file with the secretary of state and director of the legislative reference bureau certified copies of the boundary change made by the state library board.
(F) If the new boundaries of the library district are not agreed to by the affected boards of library trustees, a referendum petition set forth in division (G) of section 3375.03 of the Revised Code may be filed with the board of library trustees of the affected territory initiating the request within sixty days after certified copies of the boundary change order have been filed in final form with the secretary of state, and the order shall not become effective until after the outcome of the referendum procedure set forth in division (G) of section 3375.03 of the Revised Code.
(G) The board of election shall certify the result of the election to the state library board and to the library boards of the affected library districts.
HISTORY: Eff (Amended) 4-27-76; 1-30-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3375.01
119.032 Review Date: 5-20-99, 5-20-04