Chapter 03 - Feleti Barstow Public Library

Chapter 03 - Feleti Barstow Public Library

17.0301 Establishment of the Feleti Barstow Public Library.

There is established, as an agency within the Executive branch of government, the Feleti Barstow Public Library.

17.0302 Powers and duties of the Feleti Barstow Public Library.

The Feleti Barstow Public Library:

(a) may sue and be sued;

(b) may adopt and use a seal;

(c) may make contracts, as authorized in this chapter;

(d) may adopt, amend, and repeal bylaws;

(e) may purchase or lease and hold personal property it considers necessary or convenient in the transaction of its business, may dispose of personal property held by it in accordance consistent with the laws of the government;

(f) may, in the name of the government, purchase, lease, or sell real estate, and accept title to that real estate in the name of the government, to accomplish the purposes of this chapter;

(g) may procure or contract for the procurement of supplies, equipment, materials, personal services other than by employees, and construction with any public or private entity upon terms and conditions as it finds necessary to the full and convenient exercise of its purposes and powers, subject to all applicable laws and rules of American Samoa, and shall receive and account for its inventory of materials;

(h) shall serve a center for life-long learning, dedicated to meeting the needs of all age groups, unskilled, skilled, and professional workers, students, preschoolers, business, government, elected officials, throughout the Territory;

(i) shall make available books, periodicals, government publications, audiovisual, video-conferencing, internet, and other educational and cultural materials and provide the physical facilities and equipment to use these materials and services;

(j) shall serve the informational needs of the general public, department of education staff and the staffs of other departments; and educational, community, businesses and cultural organizations;

(k) shall maintain a collection of Samoan and other Pacific Islands resources and cooperate with regional libraries and agencies of the Pacific in matters of mutual concern and benefit to the Pacific basin, including the South Pacific Commission, Pacific Forum, Nelson Memorial Library of Samoa, Universities of Guam, Hawaii and Fiji and Pacific resources for education and learning;

(l) shall encourage life long education, instruct users of the library on the efficient and effective use of library resources and provide information services for social, economic and political development in American Samoa;

(m) shall be responsible for developing and receiving private and government grants and contributions of money or property which the library may use for or in aid of any of its purposes;

(n) shall establish fair and reasonable charges for copy services, late book fees, rental of conference rooms with and without video equipment, sale of surplus books and other surplus materials and other income producing activities;

(o) may adopt other rules pursuant to the Administrative Procedures Act, 4.1001 et seq., not inconsistent with the provisions of this chapter or with the rules of the government, that are necessary and proper for the administration and operation of the public library; and

(p) shall exercise all other powers not inconsistent with the provisions of this chapter or with the rules of the government, which may be reasonably necessary or incidental to the establishment, maintenance and operation of the public library.

17.0303 Establishment of the public library board.

(a) The public library board is established. The board shall consist of eight members. The director of education or his designee, one additional member from the Department of Education, two members from the staff of the American Samoa Community College and at least two members from the private business sector. Seven members are to be appointed by the Governor with the advise and consent of the Legislature. The board members shall serve without compensation or other emoluments. Travel expenses for off island directors or for travel to board approved off island meetings will be reimbursed.

(b) In order to provide continuity in the work of the board, the term of office of six of the board members shall be for 4 years and shall be so arranged as not to expire at the same time. Members shall serve until their successor has been qualified. Vacancies shall be filled in the same manner as original appointments.

17.0304 Public library board—Powers and duties.

The public library board, in addition to other provisions of this chapter:

(a) shall employ a competent and qualified Territorial Librarian;

(b) shall select its chairman, vice chairman and secretary-treasurer from among its own membership;

(c) shall develop and adopt written bylaws establishing meeting schedules and procedures, relationship with the Territorial Librarian and staff, selecting committees for specific purposes, defining fiscal procedures and other regulations required for the operations and programs of the library;

(d) shall determine, pursue and maintain adequate funds to carry on the library programs;

(e) shall develop, support and participate in a planned public relations program;

(f) shall approve both the annual budget and fund raising programs and review monthly operating statements submitted by the Territorial Librarian;

(g) shall require members to attend all board meetings unless ill or excused due to off island travel;

(h) shall review all policies regarding use of library resources and negotiate policy approvals; and

(i) shall review, correct if required, and approve the Territorial Librarian’s reports submitted at each meeting.

17.0305 Territorial Librarian.

The public library board shall recommend to the Governor a list of three to five candidates, in the order of descending priority, who have received the highest consideration of the board. The Governor shall appoint the Territorial Librarian only from the proffered list of recommendations. Subject to government employee laws A.S.C.A 7.0101 et. seq., and rules and procedures of the board, the Territorial Librarian serves at the pleasure of the board.

17.0306 Personnel.

All employees of the Feleti Barstow Public Library, except for the Territorial Librarian, are appointed or hired and compensated in accordance with the government employee laws A.S.C.A., 7.0101 et seq., except that the public library board may adopt administrative rules, pursuant to A.S.C.A. 4.1001 et seq. To supplant government employee laws and rules in the specific categories of personnel recruitment, assignment, transfer, employment, termination, of employee services, disciplinary actions, and compensations at levels comparable to higher education and library and learning resource management and employee levels.

17.0307 Assumption of role.

The public library board shall assume, upon approval of this act, full responsibility and right to operate all items of property, including any construction, equipment or material purchases in progress, equipment, and machinery used under the previous status of operation by the government intended or designated for the Feleti Barstow Public Library. All property used jointly by the Feleti Barstow Public Library and the government and grants and other funding available for the Feleti Barstow Public Library are hereby transferred to the Feleti Barstow Public Library. Future capital contributions to the Feleti Barstow Public Library from the government must be by separate authorization and appropriation.

17.0308 Budget.

(a) The basic source of financing the public library is the government through its regular budget process. The government shall provide an initial appropriation from local revenues for the FY-1999 operation and programs of the public library.

(b) The public library board shall submit to the Governor, upon approval of the board, a budget of estimated expenditures for the next fiscal years. The budget shall contain separate estimates for capital outlay expenses and operational expenses and shall be submitted in such form and detail as may be required by applicable laws and rules of government.

(c) Each budget shall identify clearly the amount or amounts requested to be appropriated, the amount or amounts available or estimated to be available from gifts, grants, donations, or other sources, and the amount or amounts for which application is being made or is to be made for federal aid.

17.0309 Fiscal management.

The Feleti Barstow Public Library is responsible for the management and operation of its fiscal affairs. It shall establish procedures based on principles of sound bookkeeping and fiscal management, with the approval of the board, for the administration of all accounting systems, including, but not limited, general ledger, fixed assets, accounts receivable, accounts payable, payroll and cash. The board shall submit quarterly performance reports to the office of planning and budget as required by section 10.0509.

17.0310 Independent audit reports—Consultants—Annual reports.

(a) The public library board shall employ a firm of independent certified public accountants to examine and report each year upon the status of financial records and accounts, and may renew that employment annually. Copies of these reports shall be furnished by the board to the Governor and the Legislature.

(b) The public library board may make intergovernmental or contractual agreements for expert consultants to advise or consult with it in all matters related to the operation of the public library, including systems design, plant design, planning, budgeting and legal matters.

(c) The public library board shall provide an annual report for each fiscal year, which shall include descriptions of financial and programmatic activities of the public library during the year, to the Governor and the Legislature, not later than 31 December.