3375-4-01 Procedure for accepting and acting upon resolutions for establishment of county district libraries pursuant to division (E) of section 3375.01 of the Revised Code.

(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

and that part of each of the following school districts lying in ____________________________________ County:

_______________________________ 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.

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