CHAPTER 9. POWERS AND DUTIES OF LIBRARY SERVICES AUTHORITIES
IC 36-12-9
Chapter 9. Powers and Duties of Library Services Authorities
IC 36-12-9-1
Application of chapter
Sec. 1. This chapter applies to library services authoritiesestablished under IC 36-12-8.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-2
Municipal powers; exception
Sec. 2. A library services authority is a municipal corporation andmay exercise any powers, privileges, or authority exercised orcapable of being exercised by a public agency of the state, exceptthat of levying taxes.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-3
Actions; standing
Sec. 3. A library services authority may sue and be sued, andplead and be impleaded.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-4
Provision of library services and facilities
Sec. 4. A library services authority may establish, manage,maintain, and operate the library facilities and provide the libraryservices specified in the joint agreement creating the library servicesauthority.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-5
Chief administrative officer; other employees; reimbursement ofinterviewing and moving expenses
Sec. 5. (a) A library services authority may:
(1) employ and delegate duties and responsibilities to a chiefadministrative officer and other employees that may benecessary for the performance of the authority's functions, orprovide for a chief administrative officer or other employees bycontract with:
(A) a library participant of the authority;
(B) another organization, institution, or company;
(C) an agency of government; or
(D) an individual;
(2) fix and pay the compensation of the employees;
(3) determine the number and duties of the employees; and
(4) remove or discharge employees.
(b) In exercising the powers under subsection (a)(1), the board ofdirectors of the library services authority may reimburse:
(1) candidates for employment for expenses reasonably incurred
while interviewing; and
(2) new employees for reasonable moving expenses.
If the board of directors exercises authority under this subsection, theboard shall establish reasonable levels of reimbursement for thepurposes of this subsection.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-6
Purchases
Sec. 6. A library services authority may purchase supplies,materials, and equipment to carry out the powers and duties of theboard of directors.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-7
Real and personal property
Sec. 7. A library services authority may acquire and hold property,real or personal, by purchase, devise, lease, gift, or otherwise, andsell, exchange, or otherwise dispose of property, real or personal, nolonger needed for purposes of the authority.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-8
Budget; adoption; contract for pro rata charges
Sec. 8. (a) The executive committee of the library servicesauthority shall prepare and adopt a budget annually for the operatingexpenditures of the library services authority and shall calculate theshare of the budget to be charged to each participant in the authorityaccording to the pro rata formula in rules adopted by the board ofdirectors. The budget shall be submitted to the board of directors foradoption. After adoption of the budget by the board, the board shallsubmit a contract with the appropriate pro rata charges to eachparticipant at least three (3) months before the fiscal year for whichthe budget of the participant is to be adopted.
(b) Each participant in the library services authority that signs acontract for pro rata charges in the ensuing fiscal year shall:
(1) include the charges in the participant's budget for theensuing fiscal year; and
(2) provide the necessary funds with which to pay thecontractual obligations under the participant's contract with thelibrary services authority.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-9
Funds; surety bonds; deposit; investment; records
Sec. 9. (a) The library services authority shall deposit, hold, andexpend all funds coming into the possession of the library servicesauthority in accordance with IC 5-11.
(b) An officer or employee of the library services authority whois authorized to receive or disburse or in any other way handle funds
and securities of the authority shall give a corporate surety bond, inan amount specified in the rules, for the faithful performance of theduties of the officer or employee and the proper accounting of allmoney and other property that may be under the control of the officeror employee. The cost of the bond, including the cost of filing andrecording, shall be paid out of funds of the library services authority.
(c) A library services authority may invest excess funds:
(1) in securities lawfully issued by any municipal corporation;or
(2) in accordance with IC 5-13-9.
However, deposits may not be made in excess of the amount ofinsurance protection afforded a participant or investor of any of theseinstitutions.
(d) A library services authority may establish any special fundsthat may be necessary for the purpose of accumulating sufficientmoney over two (2) or more fiscal years for:
(1) the purchase of specified real property or major equipment;
(2) making improvements to real property owned by the libraryservices authority; or
(3) providing fee based services to members.
Each special fund must be established for a specific purpose andnamed for that purpose. Any funds accumulated but not expendedunder this subsection may be transferred and expended for any otherlegitimate purpose of the authority.
(e) The records of a library services authority are public records.All funds received, unless specifically excluded, are the property ofthe library services authority receiving them.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-10
Employee benefits programs; expenditures
Sec. 10. A library services authority may establish and maintainor participate in programs of employee benefits, which may includethe lawful disbursement of funds for expenses related to theeducational or professional development of an individual employedby the library services authority, including:
(1) inservice training;
(2) attending seminars or other special courses of instruction;and
(3) tuition reimbursement;
if the library services authority determines that the expendituresunder this section directly benefit the operation of the libraryfacilities or the provision of library services.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-11
Reports to participants
Sec. 11. A library services authority may report annually to eachparticipant in the authority on the budget and expenditures, servicesrendered, program, plans for development, and any other information
that may be appropriate.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-12
Contracts
Sec. 12. A library services authority may enter into all contractsand agreements necessary to the performance of the authority's dutiesand the execution of the library services authority's powers under thischapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-13
Rates and charges; prepayment
Sec. 13. A library services authority may:
(1) establish and collect reasonable rates and charges forservices rendered to the participants in the authority or othersusing the services of the authority; and
(2) require participants in the authority or others using theservices of the authority to make prepayments for certainservices.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-14
Participation in certain associations
Sec. 14. A library services authority may join and participate in,through designated employees or representatives, the meetings andactivities of state and national associations of a civic, educational,professional, or governmental nature that have as their purpose thebetterment and improvement of library operations.
As added by P.L.1-2005, SEC.49.
IC 36-12-9-15
Tax exemption
Sec. 15. All property owned by the library services authority andall revenues received by the authority are exempt from taxation forall purposes.
As added by P.L.1-2005, SEC.49.