OAR 543-080-0030: Official Recognition of Public Libraries

(1) The Board will officially recognize public libraries that are legally established and meet all applicable minimum conditions established in this rule. (2) Libraries that have a population of over 2,000 shall meet the following minimum conditions: (a) Have at least half (50%) of its operational financial support from public funds. Revenue libraries receive from the State Library is not counted for the purposes of this calculation. At least one fourth (25%) of total revenue must be generated directly by a local government (city, county, or district) through property taxes, sales taxes, transient lodging tax, service fees, or other means. (b) Be open to the public a minimum of 20 hours per week. (c) Provide a collection comprising books, media, or electronic resources. (d) Offer free public access computers with Internet access. (e) Offer free public wireless Internet access (wi-fi). (f) Provide a website that enables local library users to access State Library of Oregon resources and services available to all Oregon residents. (g) Dedicate at least 0.50 full-time equivalent (FTE) paid staff time exclusively to library functions. (h) Have basic policies in place and accessible online for collection management, circulation, and patron confidentiality. The policies must incorporate, at a minimum, the American Library Association (ALA) Code of Ethics, Library Bill of Rights, and Freedom to Read Statement. All policies must be consistent with relevant local, state, and federal non-discrimination statutes, including ORS 659A.403. (i) Provide basic services for reference and youth services. (j) Complete the annual report. (3) Libraries that have a population of 2,000 or fewer, shall meet the following minimum conditions: (a) Have at least one fourth (25%) of its operational financial support from public funds. Revenue libraries receive from the State Library is not counted for the purposes of this calculation. At least 18.75% of total revenue must be generated directly by a local government (city, county, or district) through property taxes, sales taxes, transient lodging tax, service fees, or other means. (b) Be open to the public a minimum of 10 hours per week. (c) Provide a collection comprising books, media, or electronic resources. (d) Offer at least one free public access computer with Internet access. (e) Offer free public wireless Internet access (wi-fi). (f) Provide a website that enables local library users to access State Library of Oregon resources and services available to all Oregon residents. (g) Dedicate at least 0.25 full-time equivalent (FTE) paid staff time exclusively to library functions. (h) Have basic policies in place and accessible online for collection management, circulation, and patron confidentiality. The policies must incorporate, at a minimum, the American Library Association (ALA) Code of Ethics, Freedom to Read Statement, and Library Bill of Rights. All policies must be consistent with relevant local, state, and federal non-discrimination statutes, including ORS 659A.403. (i) Provide basic services for reference and youth services. (j) Complete the annual report. (4) Official recognition as a public library will qualify the library to be eligible for state aid and grants from the State Library as authorized in statutes. The Board must vote to officially recognize a library by June 30 for it to be eligible for grant funding in the next fiscal year. (5) Official recognition will continue unless the library no longer meets the minimum conditions in this rule or any statutory requirements of a public library. (6) Library responses to the annual report will be used to determine compliance with minimum conditions outlined in sections (2) and (3). (a) An officially recognized public library that fails to meet the minimum conditions as outlined in sections (2) or (3) will have two years from the time they are notified to achieve compliance, during which time the library maintains eligibility for state aid and grants. (b) Proceedings for termination of official recognition for a library that fails to meet minimum conditions after two years will be scheduled for consideration by the Board. The Board will make a determination before the end of the fiscal year. (A) The library may submit an objection to the Board about the proposed termination. The objection must contain a detailed statement specifying the reason the library believes the action would be improper. (B) The objection must be submitted in writing at least 15 business days before the scheduled meeting. (c) The State Library will report to the Board on the status of public library compliance with minimum conditions. The report shall be given no later than the last regularly scheduled Board meeting of the fiscal year. (7) The Board will terminate a public library’s official recognition immediately after a local government withdraws support following the requirements of ORS 357.621. The State Library will notify the local government that official recognition is being terminated. (a) The library may appeal the termination of official recognition to the Board. The appeal must be in writing and contain a detailed statement specifying the reason the library believes the action was improper. (b) The written appeal must be filed no later than 15 business days after the notice of termination of official recognition is received. Once an appeal is received, it will be scheduled for consideration by the Board, which will then make a determination. (8) A library must request reinstatement of official recognition from the Board. The request must include signed documentation attesting that the library has met all minimum conditions. The request will then be scheduled for consideration by the Board at its next regularly scheduled meeting. The State Library will notify the local government if official recognition is being reinstated. A library may appeal a denial of reinstatement as described in section (7) of this rule. (9) The Board may grant a temporary waiver to a library that is unable to comply with the minimum conditions as outlined in sections (2) or (3) due to states of emergency declared by the Governor, emergencies declared by local governing bodies, or extraordinary events that prevent safe access to the library’s facilities. Waivers will be reviewed annually to assess whether they continue to be needed.