Section 3030.235  Mergers

a)         Merger of One Multitype Library System into Another Library System

1)         In the event that the board of directors of a multitype library system determines to terminate the system in order to merge the service area of the system into another adjoining library system, each board shall poll the member libraries of the system. The library systems must make every effort to publicize the votes widely and in formats accessible to members.  If at least two-thirds of the full member libraries that vote on the issue support the proposed merger in each system area, the board of directors of the affected library systems shall submit an application for merger to the State Librarian stating the intent of the member libraries. The application shall contain:

A)        A complete list of all liabilities of the library system to be terminated.

B)        A complete list of all assets of the library system, including detailed equipment descriptions.

C)        Proposals for distribution of assets and liabilities. The sale of any equipment or real property shall be at the approval of the State Librarian. Every effort shall be made to ensure the equipment continues to be used to provide member services.

D)        A plan for orderly transition of system services.

2)         The State Librarian will then determine how the assets, liabilities and obligations of the system to be terminated will be allocated to the receiving system, largely based upon percentage of population and area of the terminated system being merged with the receiving system.

b)         Merger of Two Multitype Library Systems

1)         In the event that the boards of directors of two multitype library systems determine to terminate the systems in order to merge with one another to form a single new system, the boards shall poll the member libraries of the systems.  The library systems must make every effort to publicize the votes widely and in formats accessible to members. If at least two-thirds of the full member libraries that vote on the issue in each library system support the proposed merger, the boards of directors of the library systems shall submit an application for merger to the State Librarian, together with a plan for the creation of the new system. The application shall contain the application items listed in subsection (a)(1), along with the proposed name of the new library system.

2)         All distribution of assets and liabilities shall be with the approval of the State Librarian.

3)         Upon approving the application, the State Librarian will direct the member libraries in the affected service areas to proceed to form a successor system in accordance with Section 3030.210.