Texas Council of State University
Librarians Financial Report / Library Fee Survey Results / Legislative Committee Report MINUTES President Fred Heath called the meeting to order at 4:35 p.m., and summarized its agenda. He also thanked Elsevier, Ebsco, Baker & Taylor, and Yankee Book Peddler for their generous support of the meeting. In conjunction with the recognition of Baker & Taylor’s sponsorship, a representative of that firm, Cindy Compton, was recognized to discuss the effect of Baker & Taylor’s acquisition of Yankee Book Peddler on acquisition practices relative to the state contract. She said that while standing order accounts with Baker & Taylor would be administered at Yankee Book Peddler offices in New Hampshire as a result of the acquisition, the state contract would not otherwise be affected. Yankee Book Peddler and Baker & Taylor are now collectively known as YBP Library Services/Baker & Taylor. President Heath noted that the acquisition of Faxon by RoweCom was another recent merger involving a major library supplier. Introduction of members and guests President Heath acknowledged the appointment of Roberta Schaefer as dean of the graduate school of library and information science at the University of Texas. New and continuing members introduced themselves from the floor. Officers were introduced. President Heath thanked his staff and the officers for their contributions to planning the meeting and program. Approval of minutes Minutes of the September 21, 1998 meeting were approved as distributed. President’s report President Heath offered observations on the outcome of the last legislative session with regard to higher education and academic libraries. He noted that the state’s general prosperity was reflected in strengthened institutional budgets, but that changes in allocation formulas resulted in uneven effects on libraries. He acknowledged the benefits arising from the Telecommunications Infrastructure Fund and the expansion of TexShare. He stressed the continuing imperative to communicate our goals and needs to legislators and institutional CEOs, and to maintain constructive dialogue with vendors. He said intellectual property, copyright, and licensing issues must be addressed. The SPARC initiative on the part of ARL was described as an encouraging alliance between publishers and libraries. In summation, President Heath emphasized the importance of efforts by library directors at the institutional level in advancing the role of libraries in higher education. Secretary/Treasurer’s report Paul Coleman reported a September 20, 1999 cash balance of $1,953.90. A copy of the treasurer’s report is appended to the minutes. Committee reports Binding contract Committee chair Ken Jones reported that he had received only two complaints about state-contracted binderies, and had submitted them to the General Services Commission. He asked the audience to document any such problems and forward them to him or to any other member of the committee. The current contract continues through 2000. Materials contract Committee chair Joan Heath reported that questions regarding provisions of the contract should be directed to Penny Farias of the General Services Commission. Legislative Committee Committee chair Al Cage summarized a written report, which is appended to these minutes. Old business Library fee survey Cindy Scroggins submitted a written report which is appended to these minutes. In response to a question she said there were no reports of fees having been rescinded at any institution. Following Ms. Scroggins’s report, President Heath remarked upon the importance of fees in maintaining quality in library services. Report from the Texas State Library Michael Piper of TSLAC reported that funding for TexShare had been increased by $1 million annually in the last legislative session [see attached Legislative Committee report], and that public libraries had been added to TexShare’s service mandate. He introduced Deborah Littrell, who has been appointed TexShare Coordinator. Ms. Littrell discussed imminent expansions of TexShare’s courier service and database offerings. Mr. Piper then continued his presentation, observing that while the state library has heretofore been concerned largely with service to public libraries, it is now dedicated to also serving academic libraries in like manner. He assured the audience that the state library recognizes the unique missions of its public library and academic library constituencies. In response to a question from President Heath, he said the TexShare advisory board would be meeting later in the week to prepare a plan of action for its committees, in effect setting the agenda for TexShare’s future as it begins to serve public as well as academic libraries. Another questioner asked about representation of law and medical libraries on TexShare’s board. Mr. Piper replied that a medical librarian is currently on the board, and that the practice of alternating medical and law library representation may be established. Report from the Telecommunications Infrastructure Fund Board Gary Grogan of the TIF staff summarized the TIF program’s scope and funding, emphasizing its charge to serve four constituencies: public schools, public libraries, higher education, and public health. He said a request for proposals for a grant program of particular interest to the audience, related to distance education, had recently been issued. In response to questions, he made the following observations: 1) Requests for proposals for the recent non-competitive grants to higher education were considerably focused on libraries, but left room for institutions to request funds for other departments and undertakings. A TIF focus group of librarians may propose another such grant, more geared to libraries, next year. 2) Geographic considerations are addressed in TIF’s grant programs for community networks. New business Dues President Heath announced that the schedule for the payment of dues was established with consideration of the fiscal calendar. He urged members to pay the newly-instituted dues. He said the enlistment of the Texas Library Association for the collection and administration of dues is being considered. Scheduling of 2000 meeting President Heath apologized for the inadvertent scheduling of the current meeting to coincide with Yom Kippur. There was general agreement from the audience that Austin is a good meeting location, and that next year’s meeting could be held in September or October. After announcements regarding the ensuing reception and the next day’s breakfast -- sponsored by Blackwell -- and program, the meeting adjourned at 5:56 p.m.
Library Fee Survey Results, September 1999
Compiled by Cindy Scroggins, Baylor Health Sciences Library cscroggins@tambcd.edu Legislative Committee Report, September 1999 There were four items on the TCSUL legislative agenda this biennium. One item (library prepayments through HEAF) was accomplished; another item (TexShare funding) was partially accomplished, a third item ($25,000 posting requirements) was addressed administratively rather than legislatively; and the fourth item (TexShare representation) failed, but has perhaps diminished in importance because of changes in TexShare representation and management. Two new issues have surfaced and have not yet been addressed. 1. Library Prepayments The goal of permitting library prepayments through the HEAF account was addressed by SB481(Harris). A companion bill in the House was carried by Representative McReynolds. This legislation passed. 2. Twenty-one day posting requirement for $25,000 and over purchases Senator Ellis, sponsor of the law creating this requirement, vehemently opposed any changes. However, I met personally with Donna Osborne, Director of the Texas Department of Economic Development, whose agency administers the law. Ms. Osborne provided invaluable assistance by pointing out that libraries can acquire materials immediately when delay would result in "undue additional cost to the state." I sent a memorandum, which was reviewed and approved by Ms. Osborne, to all state-supported university library directors explaining the situation (copy attached). To date, I am not aware of any ongoing problems resulting from this law. 3. TexShare funding Our goal was to get TexShare funding increased by $2.8 million annually. We achieved a $1 million increase, which is an approximate doubling of funding. This size increase was not accomplished, but an additional $1 million annually was promised at Legislative Day. This is approximately a 100% increase over current funding. However, HB 1433 brought public libraries into the TexShare fold, significantly changing the dynamics of TexShare funding and services (item 4, below). 4. TexShare representation Our goal here was to secure specific representation on the TexShare Board for law and medical libraries. The resolution to accomplish this was opposed by State Librarian Robert Martin when presented to the Legislative Committee. Dr. Martin stated that there was an unwritten law limiting the size of advisory boards and requiring lay representation. He felt there was simply not room to guarantee specific representation as TexShare participation expanded and that the best we could do was seek to amend the law to require the board to be broadly representative of its constituency. A resolution to this effect was adopted by the Legislative Committee. However, when Representative Hunter crafted the amendment (HB 1433), he provided for very specific representation by community colleges, public and private universities, and public libraries, leaving law and medical libraries completely out of the picture. Complicating matters, the public librarians, whose clientele is essentially the entire population of Texas, feel that they are grossly underrepresented in HB 1433. A special meeting was held at the State Library on April 5 to discuss the issue. Consensus at the meeting was to avoid antagonizing Hunter by asking for further revisions. With TexShare now under the administration of the State Library, perhaps TexShare Board representation has diminished in importance. It is the State Library & Archives Commission which holds the real power and the TexShare Working Groups which make the significant decisions about services. The State Library plans to seek broad representation on the Working Groups. NEW ISSUES 1. Training requirements regarding purchasing The General Services Commission is in the process of developing training standards which will apply to state-supported university personnel participating in purchasing functions using state funds on a graduated scale depending upon their level of responsibility. Just how this will affect library employees will depend on what "participation" actually means. For example, employees participating in purchases of as little as $2,000, which would include virtually all library acquisition employees, might be required to take fairly extensive training, and those employees participating in expenditures over $10,000 might also have to pass certification exams. Because of the timing and generalized nature of these requirements, i.e., affecting not just library personnel, it was impractical for TLA to take a position on the matter. In fact, the legislation was passed in 1997 and is only now being implemented. 2. Vacation allowances for librarians We are anticipating that CULD and Reference Round Table will bring forward a resolution regarding vacation allowances for professional librarians at Texas state-supported universities. Most, if not all, other states start librarians with four or more weeks vacation; Texas, only two. TCSUL needs to determine a position on this matter before TLA meets next April. Since at least one TLA division officer has indicated a desire to see mandated faculty status and two months vacation, TCSUL also needs to consider what its position would be if the proposal goes beyond simply increased vacation allowances. Al Cage , TCSUL Legislative ChairMemorandum
To: Council of State University Librarians One of our legislative goals this year was to obtain legislative relief from the posting requirement for purchases of $25,000 or more (53432 V.T.C.A, Government Code, Sec. 2155.074). Unfortunately, TLA’s effort on our behalf to secure a specific exemption for libraries has been unsuccessful. Senator Ellis, the author of this legislation, is opposed to exemptions and has, in fact, just introduced a bill to eliminate the one exemption currently in place. In addition, The Senator wants the Texas Electronic Business Daily (ESBD), where notices are posted, to be comprehensive for major state purchasing activity. In an effort to resolve this problem administratively, I met personally with Donna L. Osborne, Director of the Texas Department of Economic Development, whose agency administers the law. She has pointed out that, while the posting requirement is comprehensive, the three-week waiting period is not. The waiting period before an order can be placed can be shortened to 14 days simply by posting the full bid document at the time the proposed procurement is announced in the TMBD. The procedure for doing this is straightforward, and purchasing agents have been made aware of it. Moreover, to quote from the law itself, "The minimum time for posting . . . does not apply in an emergency requiring the state agency to make the procurement more quickly to prevent a hazard to life, health, safety, welfare, or property or to avoid undue additional cost to the state" (emphases mine) (53433 (i)). Items which involve continuation of a contract, e.g., periodical and book jobber contracts, where changing vendors adds greatly to the cost, are clearly covered by this provision of the law. Similarly, there is undue additional cost to the state if a delay in the acquisition of out-of-print and other sole source materials could result in the items being unavailable, requiring the search for them to begin all over again. Just about all of the problems TCSUL member libraries have reported to me could have been avoided if the libraries had been allowed to proceed promptly from posting to acquisition, as the law permits. Apparently, many purchasing agents are unaware of this important provision of the law. Ms. Osborne has read this explanation and indicated that agencies have the option to make the sort of determinations described above. I suggest you share this memo with your purchasing agent and take advantage of the emergency provision whenever it is appropriate to do so. This is going to become even more important if a new bill, HB 1795, is enacted into law. This bill lowers the posting requirement to $10,000. Also, please let me know if you continue to encounter procurement problems resulting from local interpretation of this law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||