3375-4-05 Procedure for amending, defining and adjusting library boundaries upon application of the library districts, pursuant to division (G) of section 3375.01 of the Revised Code.

(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