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SUBCHAPTER 2. STATE LIBRARY AID

 

N.J.A.C.
15:21-2.1 Purpose

The purpose of this program is to provide per capita library aid to public libraries according to N.J.S.A. 18A:74-1 et seq.

N.J.A.C.
15:21-2.2 Governance

(a) Any municipal library which has been established pursuant to N.J.S.A. 40:54-1 et seq. or pursuant to any special Act shall provide for a library board of trustees in the manner and with the duties and powers specified in N.J.S.A. 40:54-1 et seq. or any special Act.

(b) Association libraries receiving local tax support under N.J.S.A. 40:54-35 shall be governed by a board of trustees and shall be incorporated as a non-profit corporation pursuant to N.J.S.A. 15A:l.l et seq.

(c) Any joint library which has been established pursuant to N.J.S.A. 40:54-29.3 et seq. shall provide for a library board of trustees in the manner and with the duties and powers specified in N.J.S.A. 40:54-12, 40:54-29.10, 40:54-29.12 and 40:54-29.13.

N.J.A.C.
15:21-2.3 Certification

In order to receive any State library aid, all public libraries serving populations of 7,500 or above shall employ certified librarians in professional positions as required in N.J.S.A. 45:8A.

N.J.A.C.
15:21-2.4 Employees

(a) All public libraries (municipal, joint, association and county) shall meet the following minimum requirements based on the population of the area from which the library receives tax support:

1. Number of employees: All libraries shall employ a minimum of one full-time staff member. In addition, one full-time employee or the equivalent thereof in part-time paid employment for the initial 4,000 population and each succeeding 4,000 population shall be employed as set forth in Chart A below. All of the above are exclusive of security, janitorial or custodial employees.

Chart A
Full-Time Paid Employees

Population Total Number of
Full-Time Paid
Employees
0- 3,999 1
4,000- 7,999 2
8,000-11,999 3
12,000-15,999 4
16,000-19,999 5
20,000-23,999 6
24,000-27,999 7
28,000-31,999 8
32,000-35,999 9
36,000-39,999 10
40,000-43,999 11
44,000-47,999 12
48,000-51,999 13
52,000 and over 14*

* plus one additional full-time paid employee for each additional 4,000 population.

i. Full-time means a minimum of 30 hours per week except that for municipalities of under 5,000 population, full-time may be defined as two part-time persons. At no time shall either part-time employee work less than 10 hours per week.

2. Professional staff:

i. All libraries serving populations of 7,500 or more must employ as library director a full-time professional librarian who holds a professional librarian certificate. Libraries serving between 7,500 and 9,999 in population shall be exempt from meeting the requirement of a professional library director until such time as the incumbent director, employed at the time of the adoption of this revision, of said library is no longer employed by that library.

ii. The minimum full-time work week shall be 35 hours. The minimum work week shall apply to all libraries receiving aid under this section.

iii. Libraries serving 7,500 to 50,000 population must employ a minimum of one full-time professional librarian or the full-time equivalent for each 10,000 population as set forth in Chart B below .

iv. Libraries serving a population over 50,000 must employ a minimum of one full-time professional librarian or the full-time equivalent for every 10,000 population up to 50,000 and one additional full-time professional librarian or the full-time equivalent for each 20,000 population over 50,000 as set forth in Chart B below.

Chart B

Population Number of Full-Time
Professionals
0-7,499 0
7,500- 19,999 1
20,000-29,999 2
30,000-39,999 3
40,000-49,999 4
50,000-69,999 5
70,000-89,999 6
90,000-109,999 7
110,000-129,999 8
130,000 and over 9 plus one additional
full-time professional
for each additional
20,000 population.

N.J.A.C.
15:21-2.5 Library materials

(a) A minimum collection of 8,000 volumes or one volume per capita, whichever is greater, shall be available in all libraries established pursuant to the provisions of N.J.S.A. 40:54-1 et seq., N.J.S.A. 40:54-29.3 et seq. and N.J.S.A. 40:33-1 et seq.

(b) A minimum of 1/10 of volume per capita shall be purchased annually. Non-print materials, computer software and electronic reference services may be equated to volumes purchased. To equate non-print materials, computer software and electronic reference services with print purchases:

1. Divide total materials budget, excluding expenditure for periodicals, by the average price per volume as computed in New Jersey Library Statistics for the preceding calendar year; or

2. Divide total expenditure for non-print materials, computer software and electronic reference services by average price per volume as computed in New Jersey Library Statistics for the preceding calendar year. Add resulting figure to number of volumes purchased. The total of the two figures should be equal to or exceed the minimum requirement of 1/10 volume.

(c) Periodical holdings and subscriptions shall be provided as set forth in Chart C below:

Chart C
Periodical Holdings

Population Number of
Periodicals
Number of
Periodicals
Listed in Indexes
Number Retained
for three years
0- 5,000 25 15 8
5,000-9,999 50 30 17
10,000-24,999 75 45 25
25,000-49,999 100 60 33
50,000 and over 150 90 50

 

1. In addition, each library shall purchase the index or indexes which are necessary to provide access to information contained within the periodicals, or subscribe to an on-line, full-text database. These indexes may be hard copy subscriptions, electronic services purchased or leased by the library or an online database which indexes the library's periodicals.

(d) Each library shall provide public access to the Internet.

(e) Those libraries which are in municipalities providing tax support for a county library may count the materials provided by the county library to the local library toward meeting the requirements of (a), (b) and (c) above. The materials provided can be used to satisfy the requirements for volumes purchased, minimum collection, and periodical subscriptions and holdings by the exact number provided by the county library in each category.

N.J.A.C.
15:21-2.6 Hours of service

(a) The following minimum hours of service are required:

Population Served Hours Open Per Week
0-7,500 30
7,500-9,999 35
10,000-24,999 45
25,000-49,999 50
50,000-and over 60

 

(b) Minimum hours open to the public must be scheduled to provide some service five days per week with a minimum of three evenings and some weekend hours every week. Seasonal (summer or other special) variations are permitted for three months per year. The State Librarian may authorize other variations to accommodate local conditions.

(c) Libraries serving communities of under 7,500 population must meet the minimum requirement of 30 hours per week. However, the 30 hours may be scheduled to provide only two instead of three evenings per week.

N.J.A.C.
15:21-2.7 Reduction of aid for failure to meet minimum requirements

(a) Failure to meet the requirements of N.J.A.C. 15:21-2.2 and 2.3 will result in the loss of all per capita State Aid.

(b) Failure to meet the requirements specified in N.J.A.C. 15:21-2.4 through 2.6 will result in the loss of per capita State Aid by a percentage in proportion to the number of requirements not yet achieved, each requirement to have the following weights:

  1. 1. N.J.A.C. 15:21-2.4:
    i. Employees: 30 percent.
  2. 2. N.J.A.C. 15:21-2.5:
    i. Basic book collection: 10 percent.
    ii. Annual purchases: 20 percent.
    iii. Periodicals: 10 percent.
    iv. Public Internet access: 10 percent
  3. 3. N.J.A.C.15:21-2.6:
    i. Hours of service: 20 percent.

N.J.A.C.
15:21-2.8 Use of per capita aid; decision by public library board of trustees or county library officials

(a) Upon receipt of State Aid checks pursuant to N.J.S.A. 18A:74-3, municipal and county treasurers shall make these funds immediately available to public library trustees, county library commissioners or, in counties which have reorganized the administrative structure of county government according to N.J.S.A. 40:41A-1 et seq., the board of chosen freeholders as the case may be. Decisions on the use and expenditures of per capita State Aid rest with the board of trustees of municipal, joint and association libraries and with the county library commission of the county libraries or the county board of chosen freeholders. The State Librarian may require a certified audit if he or she deems necessary.

(b) State Aid funds must be expended within two years of the date of receipt of the funds. If not expended, the board of trustees, the county library commission or the board of chosen freeholders must submit to the State Librarian a plan for the use of the unspent balances at least 60 days before the deadline for expenditure. Failure to submit such a plan, or disapproval of the plan by the State Librarian, shall result in the withholding of State Aid payments.

(c) In reviewing the plan, the State Librarian will give consideration to the following:

1. Priority for the use of balances for expenditures which enable the library to comply with the provisions of this chapter;
2. Demonstration that expenditures contribute to the provisions of efficient and effective library services, including capital needs and facilities;
3. Inclusion of realistic, attainable, time-bounded objectives.

N.J.A.C.
15:21-2.9 Application of special census

An application for the use of a special census for the receipt of aid pursuant to N.J.S.A. 18A:74-3 shall be submitted in writing to the State Librarian for transmittal to the State Commissioner of Education on or before October 15 of the year preceding that in which the special census would be used as a basis for the payment of per capita aid. The application must include the new census figure to be used, and written verification from the United States Bureau of the Census.

N.J.A.C.
15:21-2.10 Library buildings; submission of program

Any library planning to use State Aid moneys for new construction, an addition or structural changes to the present building shall submit its building program and preliminary building plans to the State Librarian for review and approval.

N.J.A.C.
15:21-2.11 Revision of criteria

The State Librarian shall review all State Library Aid rules every five years and recommend appropriate revisions to the Secretary of State to ensure that libraries throughout the State move toward the achievement of national standards and the development of appropriate library service. The State Library Advisory Council may recommend appropriate revisions to the State Librarian.

N.J.A.C.
15:21-2.12 State Library Aid application

(a) An application form is available at the following address:

New Jersey State Library
Per Capita State Aid
185 West State Street PO Box 520
Trenton, New Jersey 08625-0520

N.J.A.C.
15:21-2.13 Appeals procedure

Appeals arising from any action of the State Librarian in administering the rules of this subchapter may be requested, and an opportunity given for an informal fair hearing before the State Librarian. In the event of an adverse decision after such an informal hearing, appellants may request a formal hearing pursuant to N.J.S.A. 18A:6-9, 18A:6-24, and 18A:6-27. Such hearings shall be governed by the provisions of the Administrative Procedure Act (see N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., as implemented by N.J.A.C. 1:1).

SUBCHAPTER 3. INCENTIVE FOR LARGER SERVICE UNITS GRANT PROGRAM

N.J.A.C.
15:21-3.1 Purpose

The rules in this subchapter provide for the development and expansion of larger units of library service to the residents of New Jersey, pursuant to the provisions of the State Library Aid Law (P.L. 1967, c.271), N.J.S.A. 18A:74-6.

N.J.A.C.
15:21-3.2 Eligibility

Any public library is eligible to participate in the program.

N.J.A.C.
15:21-3.3 Categories in award of grants

(a) Each approvable application shall be assigned to one of the two categories as follows:

1. Municipal library assistance aid for the planning and development of joint libraries and cooperative services;
2. County library assistance aid for the planning and development of expanded county library service.

(b) The priority of categories and the percentage of funds allocated to each category shall be established each year by the State Librarian.

SUBCHAPTER 4. EMERGENCY AID

N.J.A.C.
15:21-4.1 Purpose

The purpose of this emergency aid grant program is to help alleviate unforeseeable, emergency conditions in any public library.

N.J.A.C.
15:21-4.2 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Adequate insurance" means insurance covering, at a minimum, losses of 80 percent of replacement value, resulting from fire, floods, lightning, aircraft, earthquake, vehicles, explosions, riots, civil commotion, vandalism or malicious mischief.

"Emergency" means any damage or loss suffered by a public library in excess of $50,000 or 10 percent of that library's current operating budget, whichever is less, and which directly affects the accessibility to the library and its collections to the public. Damages or losses caused by normal wear and tear, deterioration, defect, mechanical breakdown or neglect are not considered emergencies.

"Reimbursable loss" means such damage or loss which is not indemnified elsewhere such as through insurance or similar payments.

N.J.A.C.
15:21-4.3 Emergency aid grants

(a) Emergency aid grants up to 100 percent of reimbursable losses may be made as funds permit.

(b) In general, no more than 50 percent of the sum allocated annually for emergency aid and incentive grants will be expended as emergency aid grants.

N.J.A.C.
15:21-4.4 Method of application

(a) An intent to file a request for emergency aid must be received by the State Librarian within 90 days of damage or loss.

(b) An actual application for emergency aid must be received by the State Librarian within one year of damage or loss.

(c) A letter of application for emergency aid under N.J.S.A. 18A:74-6 must be submitted to the State Librarian. This letter of application, made by an officer of the library's board of trustees, shall include:

1. The amount of grant requested;
2. The date the emergency occurred;
3. The cause of damage or loss;
4. A detailed description of the damage or loss and the cost of replacement;
5. Sources and amounts of indemnification (such as insurance payments), if any;
6. An assurance that the library holds adequate insurance; and
7. Any additional reports or information the State Librarian may request.

N.J.A.C.
15:21-4.5 Eligibility

(a) In order to be eligible for assistance, the library must demonstrate that:

1. Adequate insurance was in effect for 12 months prior to the emergency;
2. Preventive maintenance was budgeted for and performed during each of five years prior to the emergency; and
3. Reasonable effort has been made to correct the condition that caused the emergency. Written documentation, such as copies of bills, requests for quotations, work orders, must be submitted.

SUBCHAPTER 6. AUDIO-VISUAL PUBLIC LIBRARY SERVICES

N.J.A.C.
15:21-6.1 Purpose

The rules in this subchapter provide for the development and expansion of audio-visual public library services to the residents of New Jersey, pursuant to the provisions of the Library Development Aid Law, (Chapter 297, Laws of 1985), N.J.S.A. 18A:74-3.3.

N.J.A.C.
15:21-6.2 Eligibility

Any library or organization providing audio-visual public library services is eligible to participate in this program.

N.J.A.C.
15:21-6.3 Categories in award of grants

(a) Each approvable application shall be assigned to one of the three categories as follows:

1. Regional audio-visual public library services;
2. Statewide audio-visual public library services;
3. Local audio-visual public library services.

(b) The priority of categories and the percentage of funds allocated to each category shall be established each year by the State Librarian.


Last updated: March 15, 2000.
   
   
   
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