CHAPTER 9
APPOINTMENT PROCESS FOR LIBRARY SERVICE AREA BOARDS OF TRUSTEES
286—9.1(256) Definitions. The definitions used in Iowa Code chapters 17A and 256 shall apply for terms used throughout this chapter. In addition, the following definitions shall apply:
“Area education agency media division representative” means an individual currently employed by an area education agency (AEA) media division located within the geographic boundaries of the library service area.
“At-large representative” means an individual residing within the geographic boundaries of the library service area.
“Board” means the seven-member governing board of trustees for each of the seven library service areas.
“Commission” means the Iowa commission of libraries, which serves as the governing board of the state library.
“Community college representative” means an employee or a trustee of a community college located within the geographic boundaries of the library service area and whose position, experience, and background are relevant to the responsibilities and duties of the library service area.
“Library patron representative” means a user of any type of library located within the geographic boundaries of the library service area.
“Library service area” means an intermediate service agency established to provide support services to libraries, including consulting, continuing education, and interlibrary loan and reference services, and to encourage local financial support for library services.
“Public library employee” means a person currently employed by a public library located within the geographic boundaries of the library service area.
“Public library trustee” means a current member of the governing board of trustees of a public library located within the geographic boundaries of the library service area.
286—9.2(256) Authority. The commission coordinates the appointments to the boards of trustees of the library service areas and ensures appointments are consistently made across the state and are in compliance with administrative rules.
286—9.3(256) Board overview. A library service area board of trustees, balanced by gender and political party (to be verified by state voter registration records), consists of seven members representing constituencies located within the library service area’s geographic boundaries. Each board shall include an AEA media division representative, a public library trustee, a public library employee, a community college representative, a library patron, and two at-large representatives.
	9.3(1) Terms for library service area board members shall be four years, except for board members appointed in 2001 who shall serve staggered terms as follows:

AEA media division representative	2-year term	
Public library trustee	3-year term	
Public library employee	4-year term	
Community college representative	2-year term	
Library patron	3-year term	
At-large representative	4-year term	
At-large representative	2-year term	
	9.3(2) No library service area board member shall serve more than two consecutive terms.
	9.3(3) The position of any board member shall be considered vacant if the member is absent from three consecutive regular meetings of the board, except in the case of illness or temporary absence, or if the member no longer fulfills the qualifications of the member’s appointment.
	9.3(4) The state library shall be notified by the administrator of the library service area when a board vacancy occurs.
	9.3(5) Each library service area board shall elect two members to serve on a library service area executive council.
286—9.4(256) Appointments. The board members shall be mutually appointed within each library service area in accordance with the following process.
	9.4(1) Area education agency media division representative. Directors of the AEA media divisions located within the geographic service area of the library service area shall be contacted by the commission and asked to mutually agree on a representative and submit to the commission an appointment form signed by all AEA media division directors within the library service area.
The commission shall notify the administrator of the library service area of the appointment.
	9.4(2) Public library trustee and public library employee. One statewide nominating committee for the seven library service area boards shall be convened by the commission. Voting members of the nominating committee shall include two members appointed by the commission and one representative appointed by each of the following library organizations: the Iowa Library Association, the Iowa Library Trustees Association, the Iowa Small Libraries Association, the Iowa Libraries of Medium Size, and the Iowa Urban Public Libraries. Each library organization shall be asked to consider size and location of community in making an appointment. State library staff shall assist in accomplishing the work of the nominating committee.
	a. 	The nominating committee shall:
	(1)	Solicit nominations for public library trustees (must be a public library trustee at the time of appointment) and public library employees (must be a public library employee at time of appointment) in each of the library service areas through various means (i.e., newsletters, Web sites, electronic mailing lists).
	(2)	Receive nominations on standardized nomination forms that include information on political party and gender.
	(3)	Develop a slate of public library trustee candidates for each of the seven library service areas as vacancies occur. To ensure an adequate number of candidates to meet the political party and gender balance requirements and other considerations such as candidate qualifications and size and location of community represented, each slate must include at least two candidates.
	(4)	Develop a slate of public library employee candidates for each of the seven library service areas as vacancies occur. The nominating committee shall seek a broad cross section of library employees for the public library employee slates. To ensure an adequate number of candidates to meet the political party and gender balance requirements and other considerations such as candidate qualifications and size and location of community represented, each slate must include at least two candidates.
	(5)	Ensure that each public library board has an equal voice by distributing one public library trustee ballot to the president of each public library board of trustees located within the geographic boundaries of the library service area. It is the responsibility of the president of the local public library board to confer with other board members, to vote for one candidate, and to return the ballot to the nominating committee.
	(6)	Ensure that each public library has an equal voice by distributing one public library employee ballot to the director of each public library located within the geographic boundaries of the library service area. It is the responsibility of the public library director to confer with library staff, to vote for one candidate, and to return the ballot to the nominating committee.
	(7)	Collect and count the votes for public library trustee and public library employee candidates in each library service area. The candidates with the most votes shall be appointed to the library service area board provided that statutory requirements concerning political party and gender balance are fulfilled. If political party and gender balance is not achieved, the nominating committee shall select the candidate with the highest number of votes who meets political party and gender balance requirements.
	(8)	Submit to the commission election results for the public library trustee representative and the public library employee representative for each library service area board.
	b. 	The commission certifies the election results and notifies the administrator of the library service area of the appointments.
	c. 	In the event a public library trustee or public library employee vacancy occurs before the end of a term, the commission shall appoint a public library trustee or public library employee to serve the remainder of the term. When possible, appointees will be selected from the candidates voted upon on the most recent ballot.
	9.4(3) Community college representative. The presidents of the community colleges located within the geographic boundaries of the library service area shall be contacted by the commission and asked to coordinate the selection of a representative mutually agreed upon by the community college boards of trustees. The community college presidents shall be asked to submit to the commission an appointment form signed by all of the community college presidents within the library service area. The representative whose position, experience, and background are relevant to the responsibilities and duties of the library service area must be an employee of a community college or be a community college board member within the library service area.
The commission shall notify the administrator of the library service area of the appointment.
	9.4(4) Commission appointees. The commission shall appoint to each library service area board one individual to represent library users residing within the boundaries of the library service area. The commission shall also appoint to each library service area board two individuals to represent the public at large residing within the boundaries of the library service area.
	a. 	For the library patron representatives, the commission shall:
	(1)	Solicit nominations from Iowa libraries of all types. Nomination forms are to be submitted to the commission.
	(2)	Consider candidate qualifications and current library service area board makeup (i.e., political party and gender balance, size and location of community, type of library) when making appointments.
	(3)	Notify the administrator of the library service area of the appointment.
	b. 	For the at-large representatives, the commission shall:
	(1)	Solicit nominations from Iowa libraries of all types. A candidate may be a current or past employee of any type of library, a current or past library trustee, a library patron, or a member of the general public. Nomination forms shall be submitted to the commission.
	(2)	Consider candidate qualifications and current library service area board makeup (i.e., political party and gender balance, size and location of community, type of library) when making appointments.
	(3)	Notify the administrator of the library service area of the appointments.
286—9.5(256) Review process. Actions of the commission regarding appointments to library service area boards of trustees may be reviewed as follows:
	9.5(1) Reviews shall be made on procedural grounds only. Such grounds include alleged conflicts of interest or procedures not uniformly applied to all library service areas.
	9.5(2) A written and signed explanation of the concern shall be sent to the chairperson of the commission. The letter of explanation shall include:
	a. 	The facts of the concern;
	b. 	Suggested remedy; and
	c. 	An argument in favor of the remedy.
	9.5(3) The commission shall consider the concerns and remedies expressed in the letter of explanation and will provide the individual with a written response within 30 calendar days.
These rules are intended to implement 2001 Iowa Acts, House File 637, section 14.
[Filed emergency 6/20/01—published 7/11/01, effective 7/20/01]