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08-09-1993 (Library) Agenda Packet AGENDA REGULAR MEETING RITA & TRUETT SMITH LIBRARY LIBRARY BO1jRD, WYLIE, TEXAS MONDAY 7- 9 , 1993 7 : 00 P . M. LIBRARY WORK ROOM 800 THOMAS STREET CALL TO ORDER ORDER PAGE BUSINESS REFERENCE BUSINESS 1 ELECT NEW OFFICERS 2 1-2 CONSIDER APPRO L OF MINUTES FROM 14 , 1993 LIBRARY BOARD MEETING 3 3 DISCUSS AND CONSIDER FRIENDS OF THE LIBRARY 4 4 DISCUSS AND CONSIDER MONTHLY REPORT (t',.. 5 5-7 DISCUSS AND CONSIDERS' r 4; ., NEWSLETTERS-AUGUST & SEPTEMBER 6 8-31 DISCUSS AND CONSIDER LIBRARY CONFIDENTIALITY ' POLICY 7 32 DISCUSS AND CONSIDER WISH LIST FOR LIBRARY 8 33-35 UPDATE ON COLLIN COUNTY FUNDING-PAT GUESS 9 CITIZEN PARTICIPATION IN ACCORDANCE WITH THE OPEN MEETING ACT, THE LIBRARY WILL HEAR COMMENTS OF PUBLIC INTEREST FROM RESIDENTS OF THE CITY OF WYLIE , ANY DISCUSSION MUST BE LIMITED TO PLACING ITEMS ON A FUTURE AGENDA FOR FURTHER CONSIDERATION,WYLIE RESIDENTS WISHING TO SPEAK SHOULD LIMIT REMARKS TO A MAXIMUM OF FIVE MINUTES 10 ADJOURN RITA & TRUETT SMITH PUBLIC LIBRARY BOARD MEETINGS UtxND 14 , 1993 c The Library board of the City of Wylie met in regular session on June 14, 1993, in the workroom of the Rita & Truett Smith Public Library, at 7 : 00 P.M. A quorum was present and notice of the meeting was posted in the time and manner required by law. Those present were : Pat Guess, Cathy Weatherspoon, Jerri Smith, Elizabeth Allen, Barbara Jennings, Tasha Collins, Bill Nelson, Director and Phyllis Floyd, Librarian. OATH OF OFFICE : Administered by Steve Dieter, City Attorney to new board members, Barbara Jennings and Tasha Collins . INTRODUCTIONS : New board members were introduced. APPROVAL OF MINUTES FOR A�-14 , 1993 : Bill wanted to know if Phyllis had met with Steve Dieter on SB 360 . Phyllis said no that she needed to meet with Bill first before meeting with the city attorney. Motion made by Liz Allen to except minutes, carried. Minutes approved. NEWSLETTERS FOR AUGUST AND SEPTEMBER: The newsletters were reviewed. Bill wanted to know if the newsletter was still be delivered to Chamber Office as he had not seen it posted when he was in the office earlier. Phyllis said they were . MONTHLY REPORTS : Tasha ask for explanation of report and Phyllis explained. Pat Guess commented as to the fact circulation seems to be dropping and Phyllis stated that with computer problems she could not state for sure these numbers were even correct. Weekly reports and monthly print out are still being done to help keep track of check outs as much as possible . MARKETING THE LIBRARY: Several ideas were discussed, Presentations to be given to School,Chamber of Commerce , Meals on Wheels, AARP and other groups as a way of informing citizens about the library. Fund raising ideas were discussed. Tasha Collins thought a Coed and Mens ball tournament would be a good fund raiser and it produces a large amount of money for a little effort. A card drive was discussed including presenting card to the council members, Bill said it would be necessary to be on the Council Agenda for the presentation of the cards to the Board Members . Friends group was discussed and the possibility of funds that might be available . Barbara Jennings to contact Ellen Smith, Last known Friends of the Library president to see if she would be willing to come to next meeting and discuss possibility of rejuvenating Friends group. PAGE 2 CONFIDENTIALITY RECOMMENDATIONS : Confidentiality and Library Bill of Right were discussed and Phyllis told the board that the new membership card requiring that a parent sign for all children up to the age of 18 were now being used and this actually makes the parent responsible and allows the staff to give information on books checked out to a parent. Phyllis also received signed permission slips from all the participates in the Texas reading club which will allow the use of their names in any articles and are publicity for the Library. LIBRARY SCHOOL COOPERATION: Presentation at the Teachers meeting were discussed as a way of possibly informing teachers of what the library has to offer. The meeting adjourned DATE : AUGUST 1 , 1993 TO : STEVE NORWOOD, CITY MANAGER FROM: PHYLLIS D . FLOYD, LIBRARIAN RE : LIBRARY STATISTICS FOR THE MONTH OF JULY 1993 1992 1991 CIRCULATION: ADULT 952 1047 1704 JUVENILE 1579 2069 3080 LARGE PRINT 20 8 31 PAPERBACKS 255 156 174 BKS ON TAPE 77 86 -0- NINTENDO GAMES 11 13 18 VIDEOS 848 902 2045 , MAGAZINES 130 104 68 EQUIPMENT 11 2 7 INTERLIBRARY LOAN 97 27 127 38 FILMS 0 FILMS 10 FILM TOTALS : 4018 ( 134 AVG ) 4424 ( 177 ) 7451 ( 286 ) REGISTRATION: NEW CARDS ISSUED TOTAL TO DATE 6281 VOLUNTEER HOURS : GREEN THUMB 88 184 160 ADULT HOURS 2 23 15 TEEN HOURS 62 15 15 STORY HOUR 3 5 8 TOTALS 129 HOURS 227 HOURS 198 HOURS BLUEBONNET ROOM SCHEDULED USE LITERACY 18 10 32 CLUBS 0 0 8 CORP OF ENGINEERS 0 TOTALS 18 HOURS 10 HOURS 40 HOURS LIBRARY• VOLUME 1 ISSUE 12_ SEPTEMBER '93 t ....e °mar G t '4,3•+ + +3 -.e t -.* Renew by phone G ,. ' 3} 3 9 ° ' Renew by phone c: d G aw GG 442-7566 • 442-7566 n=:G • iini G g Gan:, . •aaGe a a�Ge +. ,... . alE iG�a 00PT.Cg 0 LIBRARY .a ` + `''` Your :aG G G ,a 3 a + to ++ . HOURS E a Y 4Bitie �' ' oa gd° Headline a dGddd:j t.',d•an. >;Ggc:!.+ ....1: sea G.:i:#:ia::r.::,r.. 5:„.„,.„, r r I °a m r. GIG 1 I ga:°'n °dart Replace this text with text for your I I . story. I I ! 1 ' MONDAY ; - 110:00 -- 7:00 ; FAX : 214-442-4075 1 TUESDAY 1 1 12:00 -- 8:00 I WEDNESDAY ' TEXAS READING 1 10:00 -- 7:00 1 ; THURSDAY ; CLUB 1 10:00 -- 7:00 1 If your child was enrolled in the ^�, \\ FRIDAY I Texas Reading club this year, and wt '".S 1 I they have not picked up their 1 * I certificate.Ask one of the Librarians I 10 00 -- 7 00 I and they will be happy to get it for I SATLTRDAY 1 them If your child was a part of the 1 I reading club Ntis-axd was able to 1 come to the club meetings.Give 11:00 -- 5:00 1 Ms. Geri a very deserved Thank I 1 You for all the Long Hours she put I 1 in developing the story hour themes I I and projects. She did a awful lot of I i work and a Thank You can go a long I 1 way in telling her how we I ! appreciate 1 I all of her efforts. THANK ♦♦♦ a ♦♦♦ I YOU GERI, from the I 1 staff. 1 1 SMITH ; 1 LIBRARY ' 800 Thomas St I 442-7566 1 1 I 1 1 1 1 ♦ •1 C'�1► drrr`TT T TTl Tl A T7'(7 L sivn 1 ri L1t3icf-uc Y - ' ' REcycLE YOUR BAGS 1 ,,Nii A < / , , September September is what month ■ 1993 • •• The ninth month in our • • calender,received it's • name from the Latin Sun Mon Tue Wed Thu Fri Sat ■ • numeral septem meaning • "seven",because it was 2 3 4 ■ the seventh month in the • • old Roman calender. It Eugene FieldcillotClosed • B-Day,1850 I became the ninth month Oct.29,1895rr Holiday when Julius Ceasar Author • changed the calender to ------- - — , • make January the first ■ month. The middle of 5 6 7 8 9 10 11 • • September bring autumn • first Labor Closed Granddad's Robert Taft Callfonda Erastus F. David IL a tO the northern hemis- Day Parade Day B-dey,1889- Admission Beadle B- Lawrence a phere and the beginning 1882,NYC Holiday July 31,1953 Day,1850 Day,1821- B-Day1885- ■ Mr.Republican 12-18-1894 3-2-1930 • of spring to the southern -. ■ hemisphere. It is an important month in • 12 13 14 15 16 17 1$ military history since it • marks the official end of ClosedJohnJ. Anniversary Anniversary Death Anne Citizenship Sawn Johnson • WWII, the signing of the Pershing of death of fist opening Bradstreet Day 1952 11-Day,1709- • B-day,1866- Dante,1321 1904-School 1st woman sr Beghming of 12-12-1784 • unconditional surrender 7_15-1848 Poet of jawnalism letters 1672 constitution Poet ■ papers by Japan on _ _ _ —_-- _ • • September 2, 1945. - -- -- — • September also honors 19 20 21 22 23 24 25 •• the mothers who lost ■ their sona and daughters ■ Closed Founding of WORLD Michael Frontier John Pacific • in militaryservice with a Equal Rights PEACE Faraday B- Day Marshall Ocean Day • I party,JEE4 DAY Day,1791-8- 1897 B-Day 1755- Discovered • day called "Gold Star : San Frau. 25,1867mrent 7-6-1835 1513 If Mother's Day" which is 111 — -- — -- -- — --- ■ observed in late il (] • • September. The flowers : 26 27 28 29 9 30 : are the morning glory ■ ■ and aster. The birthstone • Closed Feast.of St. Confusius Kiwanis Botswana ■ II Cosines, B-Day Kid Day Day 1966 • is the sapphire. a Bathers& • • Druggist ss ■ ■ DEPARTMENT OF LIBRARIES (214) 721-2639 City FAX (214) 259-1171 ofIrving July 22, 1993 Dear Colleague: Attached please find "A model Library Confidentiality Policy" prepared for the Public Library Administrators of North Texas (PLANT). As you are no doubt well aware, the Texas Legislature, in its most recent session, approved an amendment to the Texas Open Records Act. This amendment exempts certain library records from the provisions of the Act, and it further declares that these records are confidential. This amendment provides the legal protection for the confidentiality of patron records that has been long sought by Texas libraries. However, it achieves this by holding the library responsible for protecting the records and making it a misdemeanor to release such information in any manner not in accordance with the provisions of the Open Records Act. This amendment becomes effective on September 1, 1993. PLANT decided to assist its members in the implementation of this new law by developing a model policy. An ad hoc committee was appointed, consisting of Bonnie Case, Highland Park Public Library; Elizabeth Crabb, Northeast Texas Library System; Beth Little, Carrollton Public Library; Hope Waller, Sherman Public Library; and myself. The committee assembled pertinent materials from the American Library Association, public libraries outside of Texas, and certain Texas public libraries (most notably Texarkana) to produce what is hoped will be a useful starting point for Texas public libraries to develop local policies regarding confidentiality of patron records. The committee strongly urges each public library to have a confidentiality policy in place as the new legislation goes into effect. By offering this model with its supporting guidelines and comments to the library community, we hope to help facilitate and expedite this effort. Please feel free to utilize this material as you see fit. Sincerely, amar Veatc , C air PLANT, Ad Hoc Confidentiality Committee 8 IRVING PUBLIC LIBRARY SYSTEM P.O. BOX 152288 • IRVING, TEXAS 75015-2288 POLICY ON CONFIDENTIALITY OF LIBRARY RECORDS* The Council of the American Library Association strongly recommends that the responsible officers of each library,cooperative system,and consortium in the United States: 1. Formally adopt a policy which specifically recognizes its circulation records and other records identifying the names of library users to be confidential in nature. 2. Advise all librarians and library employees that such records shall not be made available to any agency of state, federal, or local government except pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal, state or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power. 3. Resist the issuance or enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court of competent jurisdiction. ** * Note: See also ALA POLICY MANUAL 54.15 - CODE OF ETHICS, point #3, "Librarians must protect each user's right to privacy with respect to information sought or received, and materials consulted,borrowed,or acquired." **Note: Point 3, above, means that upon receipt of such process, order, or subpoena, the library's officers will consult with their legal counsel to determine if such process, order or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be cured. • Adopted January 20, 1971;Revised July 4, 1975, and July 2, 1986 by the ALA Council. 1� • SUGGESTED PROCEDURES FOR IMPLEMENTING POLICY ON CONFIDENTIALITY OF LIBRARY RECORDS - When drafting local policies,libraries should consult with their legal counsel to insure these policies are based upon and consistent with applicable federal,state,and local law concerning the confidentiality of library records,the disclosure of public records,and the protection of individual privacy. Suggested procedures include the following. 1. The library staff member receiving the request to examine or obtain information relating to circulation or other records identifying the names of library users, will immediately refer the person making the request to the responsible officer of the institution, who shall explain the confidentiality policy. 2. The director,upon receipt of such process,order, or subpoena,shall consult with the appropriate legal officer assigned to the institution to determine if such process,order or subpoena is in good form and if there is a showing of good cause for its issuance. 3. If the process, order, or subpoena is not in proper form or if good cause has not been shown, insistence shall be made that such defects be cured before any records are released. (The legal process requiring the production of circulation or other library records shall ordinarily be in the form of subpoena "duces tecum" [bring your records] requiring the responsible officer to attend court or the taking of his/her deposition and may require him/her to bring along certain designated circulation or other specified records.) 4. Any threats or unauthorized demands(i.e.,those not supported by a process, order or subpoena) concerning circulation and other records identifying the names of library users shall be reported to the appropriate legal officer of the institution. 5. Any problems relating to the privacy of circulation and other records identifying the names of library users which are not provided for above shall be referred to the responsible officer. Adopted January 9, 1983;Revised January 11, 1988, by the Intellectual Freedom Committee of the American Library Association. POLICY CONCERNING CONFIDENTIALITY OF • PERSONALLY IDENTIFIABLE INFORMATION ABOUT LIBRARY USERS An Interpretation of the LIBRARY BILL OF RIGHTS The ethical responsibilities of librarians, as well as statutes in most states and the District of Columbia, protect the privacy of library users. Confidentiality extends to "information sought or received, and materials consulted,borrowed or acquired,"and includes database search records, reference interviews, circulation records, interlibrary loan records and other personally identifiable uses of library materials, facilities, or services. The First Amendment's guarantee of freedom of speech and of the press requires that the corresponding rights to hear what is spoken and read what is written be preserved, free from fear of government intrusion, intimidation, or reprisal. The American Library Association reaffirms its opposition to "any use of government prerogatives which lead to the intimidation of the individual or the citizenry from the exercise of free expression. . . [and] encourages resistance to such abuse of government. . . ." (ALA policy 53.4). In seeking access or in the pursuit of information, confidentiality is the • primary means of providing the privacy that will free the individual from fear of intimidation or retaliation. Libraries are one of the great bulwarks of democracy. They are living embodiments of the First Amendment because their collections include voices of dissent as well assent. Libraries are impartial resources providing information on all points of view, available to all persons regardless of age, race, religion, national origin, social or political views, economic status, or any other characteristic. The role of libraries as such a resource must not be compromised by an erosion of the privacy rights of library users. The American Library Association regularly receives reports of visits by agents of federal, state, and local law enforcement agencies to libraries, where it is alleged they have asked for personally identifiable information about library users. These visits,whether under the rubric of simply , informing libraries of agency concerns or for some other reason, reflect an insensitivity to the legal and ethical bases for confidentiality, and the role it ig plays in the preservation of First Amendment rights, rights also extended to • foreign nationals while in the United States. The government's interest in library use reflects a dangerous and fallacious equation of what a person reads with what that person believes or how that person is likely to behave. Such a presumption can and does threaten the freedom of access to information. It also is a threat to a crucial aspect of First Amendment rights: that freedom of speech and of the press include the freedom to hold, disseminate and receive unpopular, minority, "extreme,"or even"dangerous ideas." The American Library Association recognizes that,under limited circumstances, access to certain information might be restricted due to a legitimate "national security"concern. However, there has been no showing of a plausible probability that national security will be compromised by any use made of unclassified information available in libraries. Thus, the right of access to this information by individuals, including foreign nationals, must be recognized as part of the librarian's legal and ethical responsibility to protect the confidentiality of the library user. The American Library Association also recognizes that law enforcement agencies and officers may occasionally believe that library records contain information which would be helpful to the investigation of criminal activity. If there is a reasonable basis to believe such records are necessary to the progress of an investigation or prosecution, the American judicial system provides the mechanism for seeking release of such confidential records: the issuance of a court order, following a showing of good cause based on specific facts,by a court of competent jurisdiction. Adopted July 2,1991,by the ALA Council. STATEMENT ON PROFESSIONAL ETHICS, 1981 Introduction Since 1939, the American Library Association has recognized the importance of codifying and making known to the public and the profession the principles which guide librarians in ac- tion.This latest revision of the CODE OF ETHICS reflects changes in the nature of the profession and in its social and institutional environment. It should be revised and augmented as necessary. Librarians significantly influence or control the selection, organization, preservation, and dissemination of information.In a political system grounded in an informed citizenry, librarians are members of a profession explicitly committed to intellectual freedom and the freedom of access to information. We have a special obligation to ensure the free flow of information and ideas to present and future generations. Librarians are dependent upon one another for the bibliographical resources that enable us 0 to provide information services, and have obligations for maintaining the highest level of 0 per- sonal integrity and competence. Code of Ethics I. Librarians must provide the highest level of service through appropriate and usefully organ- ized collections, fair and equitable circulation and service policies, and skillful, accurate, un- biased, and courteous responses to all requests for assistance. II. Librarians must resist all efforts by groups or individuals to censor library materials. Ill. Librarians must protect each user's right to privacy with respect to information sought or re- ceived, and materials consulted, borrowed, or acquired. IV. Librarians must adhere to the principles of due process and equality of opportunity in peer relationships and personnel actions. V. Librarians must distinguish clearly in their actions and statements between their personal philosophies and attitudes and those of an institution or professional body. VI. Librarians must avoid situations in which personal interests might be served or financial bene- fits gained at the expense of library users, colleagues,or the employing institution. Pxttter c 6tttes Pietrirt ottrt • DISTRICT OF SAMPLE V. SUBPOENA CASE NUMBER: TYPE OF CABS SUBPOENA FOR ❑ CIVIL CQ CRIMINAL ❑ PERSON ❑ DOCUMENT(S) or OBJECT(S) TO: YOU ARE HEREBY COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the above case. PLACE COURTROOM DATE AND flUE YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):' ❑See addltlonaf Information on revere* This subpoena shall remain in effect until you are granted leave to depart by the Court or by an officer acting on behalf of the court. V s MAGISTRATE OR ClE OK COURT DATE • (BY)O VTR' �— OUESTIONs MAYBE ADDRESSED TO: his subpoena is ssl ued upon application of the: ❑ Plaintiff 0 Defendant 0 U.S. Attorney ATTORNEY'S NAME.ADORESS ANC PHONE NUMBER •If not applicable, enter "none." To be 044 U Iru of A089 POEM OB0-22,66 - . - - . .. RETURN OF SERVICE") DATE PLACE RECEIVED BY SERVER • DATE PLACE SERVED • SERVED ON(NAME) FEES AND MILEAGE TENDERED TO WITNES5 ) 0 YES 0 NO AMOUNT $ • SERVED BY TITLE STATEMENT OF SERVICE FEES TRAVEL SERVICEB TOTAL DECLARATION OF SERVERZ I declare under penalty of perjury under the laws of the United States of America that the foregoing Information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Addreaa of Server ADDITIONAL INFORMATION • • • (1)As to who may serve a subpoena and the manner of Ile service see Rule 17(d).Federal Rules of Criminal Procedure,or Rule 45(C). Federal Rules of Co, Procedure. [hero[ (2)"Fees and mlis&Qe need not be tendered to the deponent upon service of a subpoena issued on behalf of the United State*or an officer or agency (Rule 45(c).Federal Rules of Civil Procedure; Rule 17(d),Federal Rules of Criminal Procedure)or on behall et certain Indigent parties and Criminal defendants who are unable to pay even coats (28 USG 1825.Rule 17(b)Federal Rules of Criminal Procedure)". RITA & TRUETT SMITH PUBLIC LIBRARY WISH LIST ITEM ESTIMATED COST COPIER MACHINE /. DUPLICATOR COLLEGE BLUE BOOK $225 . 00 DIRECTORY OF TEXAS MANUFACTURERS_ _ $125 . 00 POLITICAL RESEARCH, INC $445 . 00 -PHYSICIANS ' DESK REFERENCE $ 57 . 95 DALLAS & SOUTHWEST JOB SEEKERS SOURCEBQOK $ 14 . 95 WORLD CHAMBER OF COMMERCE $ 29 . 00 OXFORD DICTIONARY $ 75 . 00 NETLS TO: RITA AND TRUETT SMITH LIBRARY Processed 07/08/93 800 THOMAS WYLIE, TX 75098-4301 FLOYD, P ARRIVAL MAILBACK ID# TITLE DATE DATE 0217E13 GREAT LIBRARY PROMOTION IDEAS 0217G786 Mail delivery07/16 GREAT LIBRARY - return by date indicated 08/021 RARY PROMOTION IDEAS III Mail delivery - return by07/16 0217E24 LIBRARY PROMOTION date indicated 08/02✓` Mail delivery - HANDBOOK 0255P976 MARKETING PUBLIC by date indicated 08/021 Mail - return� y SERVICES 07/16 0217E24 LIBRARY delivery - by date indicated 08/02 � Scheduled PROMOTIONt HANDBOOK your agency for arrival on007/16 16 Not available Northeast Texas Library System Film/Video Service 625 Austin Street Garland, Texas 75040 �^ w.k___ (214) 205-2574 / -- • Request Form for Books, Films & Videocassettes Relative to MARKETING THE PUBLIC LIBRARY THROUGH PRINT MEDIA Requested by: vt t 5 t F I G-s A Library: 5r►\i a Pu ► t c •Cato rR , kt y/i G 1 f ( I would like to borrow the item(s) marked with a check ( /) below: BK3651 68 Great Ideas: The Library Awareness Handbook NEW Adv. With Paddington Reading Club Program Guide NEW Banned Books Week '90 Resource Book NEW Banned Books Week '91 Resource Book BK1267 Developing A Marketing Program For Libraries BK3768 Fireworks, Brass Bands and Elephants NEW Garfield Reading Club Program Guide NEW Graphic Standards and Public Relations Manual BK3774 Grand Schemes and Nitty-Gritty Details ✓ BK3770 Great Library Promotions r/ BK3762 Great Library Promotion Ideas III NEW Hare Whodini's Reading Spectacular Program BK3769 Library Promotion Handbook BK3754 Library Public Relations VC2191 Marketing VC2067 Marketing: A Planned Approach BK3777 Marketing and Public Relations For Libraries BK1269 Marketing For Nonprofit Cultural Organizations V BK1265- Marketing Public Library Services VC0461 Merchandising Library Materials BK3756 National Library Week 1985 Publicity Book BK3757 National Library Week 1986 Publicity Book BK3758 National Library Week 1987 Publicity Book NEW National Library Week 1990 Publicity Book NEW National Library Week 1991 Library Campaign BK0267 Non-Profit Organization Handbook BK3776 Plug Into PR BK3755 PR: A Handbook For Oklahoma Libraries ✓ BK3 7 7 3 Book u-'U VC2192 Promotion BK3771 Public Relations Handbook BK3779 Public Relations Tips - 1 ° NI B , ' en The Northeast Texas Library system will be receiving less funding from the state this year and of course this will mean cut backs for all the _---- , member libraries. .I.he bags that we now have are expensive,but very strudy, some of the the libraries picked a grogery bag style bag in order to continue to receive the same amount, we chose to go with Rita & Truett Smith Library the strudier. Please 800 Thomas Street bring your bag in to Wylie,Texas 75098 be reused. . . 442-7566 HOURS Monday,Wednesday,Thursday Friday 10:00 - 7:00 Tuesday 12:00- 8:00 Saturday 11:00 - 5:00 TEXAS OPEN RECORDS ACT Art. 6252-17a. Access by public to information in custody of governmental agencies and bodies Declaration of policy Section 1. Pursuant to the fundamental philosophy of the American constitutional form of representative government which holds to the principle that government is the servant of the people, and not the master of them, it is hereby declared to be the public policy of the State of Texas that all persons are, unless otherwise expressly provided by law, at all times entitled to full and complete information regarding the affairs of govern- ment and the official acts of those who represent them as public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. To that end, the provisions of this Act shall be liberally construed with the view of carrying out the above declaration of public policy. Definitions Sec. 2. In this Act: (1) "Governmental body" means: (A) any board, commission, department, committee, institution, agency, or office within the executive or legislative branch of the state government, or which is created by either the executive or legislative branch of the state government, and which is under the direction of one or more elected or appointed members; (B) the commissioners court of each county and the city council or governing body of each city in the state; (C) every deliberative body having rulemaking or quasi-judicial power and classified as a department, agency, or political subdivision of a county or city; (D) the board of trustees of every school district, and every county board of school trustees and county board of education; (E) the governing board of every special district; (F) the governing body of every nonprofit corporation organized under Chapter 76 Acts of the 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's Texas Civic Statutes), that provides a water supply or wastewater service, or both, and that is exempt from ad valorem taxation under Section 11.30, Tax Code; (G) the part, section, or portion of every organization, corporation, commission, committee, institution, or agency which is supported in whole or in part by public funds, or which expends public funds. Public funds as used herein shall mean funds of the State of Texas or any governmental subdivision thereof; (H) the Judiciary is not included within this definition. (2) "Public records" means the portion of all documents, writings, letters, memoranda, or other written, printed, typed, copied, or developed materials which contains public information. Public information Sec. 3. (a) All information collected, assembled, or maintained by or for governmental bodies, except in those situations where the governmental body does not have either a right of access to or ownership of the information, pursuant to law or ordinance or in connection with the transaction of official business is public information and available to the public during normal business hours of any governmental body, with the following exceptions only; (1) information deemed confidential by law, either Constitutional, statutory, or by judicial decision; Texas Vernon's Ann. Civ. St. art. 6252-17a as amended 7/93 - 1 Art. 6252-17a (2) information in personnel files, the disclosure of which would consitute a clearly . unwarranted invasion of personal privacy, and transcripts from institutions of higher education maintained in the personnel files of professional public school employees; pro- vided, however, that nothing in this section shall be construed to exempt from disclosure the degree obtained and the curriculum on such transcripts of professional public school employees, and further provided that all information in personnel files of an individual employee within a governmental body is to be made available to that individual employee or his designated representative as is public information under this Act; (3) information relating to litigation of a criminal or civil nature and settlement negotiations, to which the state or political subdivision is, or may be, a party, or to which an officer or employee of the state or political subdivision, as a consequence of his office or employment, is or may be a party, that the attorney general or the respec- tive attorneys of the various political subdivisions has determined should be withheld from public inspection; (4) information which, if released, would give advantage to competitors or bidders; (5) information pertaining to the location of real or personal property for public purposes prior to public announcement of the project, and information pertaining to appraisals or purchase price of real or personal property for public purposes prior to the formal award of contracts therefor; (6) drafts and working papers involved in the preparation of proposed legislation; (7) matters in which the duty of the Attorney General of Texas or an attorney of a political subdivision, to his client, pursuant to the Rules and Canons of Ethics of the State Bar of Texas' are prohibited from disclosure, or which by order of a court are prohibited from disclosure; (8) records of law enforcement agencies and prosecutors that deal with the detection, investigation, and prosecution of crime and the internal records and notations of such law enforcement agencies and prosecutors which are maintained for internal use in matters relating to law enforcement and prosecution; (9) private correspondence and communications of an elected office holder relating to matters the disclosure of which would constitute an invasion of privacy; (10) trade secrets and commercial or financial information obtained from a person and privileged or confidential by statute or judicial decision; (11) inter-agency or intra-agency memorandums or letters which would not be available by law to a party in litigation with the agency; (12) information contained in or related to examination, operating, or condition re- ports prepared by, on behalf of, or for the use of an agency responsible for the regula- tion or supervision of financial institutions, and/or securities, as that term is defined in the Texas Securities Act;2 (13) geological and geophysical information and data including maps concerning wells, except information filed in connection with an application or proceeding before any agency or an electric log confidential under Subchapter M, Chapter 91, Natural Resources Code; (14) student records at educational institutions funded wholly, or in part, by state revenue; but such records shall be made available upon request of educational institution personnel, the student involved, that student's parent, legal guardian, or spouse or a person conducting a child abuse investigation required by Section 34.05, Family Code; (15) birth and death records maintained by the Bureau of Vital Statistics of the Texas Department of Health, except that: (A) a birth record is public information and available to the public on and after the 50th anniversary of the date on which the record is filed with the Bureau of Vital Statistics or local registration official; and (B) a death record is public information and available to the public on and after the 25th anniversary of the date on which the record is filed with the Bureau of Vital Statistics or local registration official; - 2 - Art. 6252-17a (16) the audit working papers of the State Auditor; (17) information relating to: (A) the home addresses or home telephone numbers of each official or employee or each former official or employee of a governmental body except as otherwise provided by Section 3A of this Act, or of peace officers as defined by Article 2.12; Code of Criminal Procedure, 1965, as amended, or by Section 51.212, Texas Education Code; or (B) the home addresses, home telephone numbers, or social security numbers of employees of the Texas Department of Criminal Justice, or the home or employment addresses or tele- phone numbers or the names or social security numbers of their family members; (18) information contained on or derived from triplicate prescription forms filed with the Department of Public Safety pursuant to Section 481.075, Health and Safety Code; (19) photographs that depict a peace officer as defined by Article 2.12, Code of Crim- inal Procedure, or a security officer commissioned under Section 51.212, Education Code, the release of which would endanger the life or physical safety of the officer unless: (A) the officer is under indictment or charged with an offense by information; or (B) the officer is a party in a fire or police civil service hearing or a case in arbitration; or (C) the photograph is introduced as evidence in a judicial proceeding; (20) rare books and original manuscripts which were not created or maintained in the conduct of official business of a governmental body and which are held by any private or public archival and manuscript repository for the purposes of historical research; (21) oral history interviews, personal papers, unpublished letters, and organizational records of nongovernmental entities, which were not created or maintained in the conduct of official business of a governmental body and which are held by any private or public archival and manuscript repository for the purposes of historical research, to the extent that the archival and manuscript repository and the donor of the interviews, papers, letters, and records may agree to limit disclosure of the item; (22) curriculum objectives and test items developed by educational institutions that are funded wholly or in part by state revenue and test items developed by licensing agencies or governmental bodies; and (23) the names of applicants for the position of chief executive officer of institu- tions of higher education, except that the governing body of the institution of higher education must give public notice of the name or names of the finalists being considered for the position at least 21 days prior to the meeting at which final action or vote is to be taken on the employment of the individual; and (24) records of a library or library system, supported in whole or in part by public funds, that identify or serve to identify a person who requested, obtained, or used a library material or service, unless the records are disclosed: (A) because the library or library system determines that disclosure is reasonably necessary for the operation of the library or library system, and the records are not confidential under state or federal law; (B) under Section 3B of this Act; or (C) to a law enforcement agency or a prosecutor under a court order or subpoena ob- tained after a showing to a district court that: (i) disclosure of the records is necessary to protect the public safety; or (ii) the records are evidence of an offense or constitute evidence that a particu- lar person committed an offense. (g) Records of a library or library system that are excepted from required disclos- ure under Subsection (a)(24) of this section are confidential. (b) This section does not authorize withholding of information or limit the avail- ability of records to the public, except as specifically stated in this section. This section is not authority to withhold information from individual members or committees of the legislature to use for legislative purposes. - 3 �.S Art. 6252-17a (c) The officer for public records may in any instance within his discretion make pub- lic any information protected under the exceptions contained within Section 3, Subsection (a), that is not deemed confidential by law. A photograph exempt from disclosure under Subsection (a)(19) of this section may also be made public, but only if the peace officer or security officer gives written consent to the disclosure. (d) It is not intended that the officer for public records or the officer's agent may be called upon to perform general research within the reference and research archives and holdings of state libraries. (e) For purposes of Subsection (a)(3) of this section, the state or a political sub- division is considered to be a party to litigation of a criminal nature until the applicable statute of limitations has expired or until the defendant has exhausted all appellate and postconviction remedies in state and federal court. (f) This section does not authorize withholding from the public or limiting the avail- ability to the public of a written determination letter, technical advice memorandum, or ruling that concerns a tax matter and that is issued by a governmental body with taxing authority. 1 State Bar Rules, see V.T.C.A. Government Code, Title 2, Subtitle G Appendix, preceding Government Code, § 91.001. 2 See art. 581-4, subsec. A. 3 V.T.C.A. Natural Resources Code, § 91.551 et seq. Election on disclosure Sec. 3A. (a) Each employee or official of a governmental body and each former employee or official of a governmental body, shall choose whether or not to allow public access to the information in the custody of the governmental body relating to the person's home address and home telephone number. Each official and employee and each former official and employee shall state that person's choice to the main personnel officer of the gov- ernmental body in a signed writing not later than the 14th day after the date on which the employee begins the employment with the governmental body, the official is elected or appointed, or the former employee or official ends service with the governmental body. If the official's or employee's or the former official's or employee's choice is to not allow public access to the information, the information is protected as provided by Section 3 of this Act. If an employee or official or a former employee or official fails to report within the period established by this section, the information is subject to public access. (b) If, during the course of the employment or the term of the office, or if, after leaving service with the governmental body the person wishes to close or open public access to the information, that individual may request in writing that the main personnel officer of the governmental body close or open access, as the case may be, to the information. Special right of access to confidential information Sec. 3B. (a) A person or the authorized representative of a person has, beyond the right of the general public, a special right of access to and to copies of any records held by a governmental body that contain information relating to the person that is protected from public disclosure by laws intended to protect that person's privacy interests. The fact that the information is deemed confidential by privacy principles under this Act does not grant the governmental body the right to deny access to the person, or the person's representative, to whom the information relates. However, laws and provisions of this Act, other than ones intended to protect that person's privacy interests, may still form the basis for denial of access to the person or the person's representative to whom the information relates. - 4 - Art. 6252-17a (b) Consent for the release of information excepted from disclosure to the general . public but available to a specific person under Subsection (a) of this section must be in writing and signed by the specific person or the person's authorized representative. A person under 18 years of age may consent to the release of information under this subsection only with the additional written authorization of the persons's parent or guardian. A person who has been adjudicated incompetent to manage the person's personal affairs or for whom an attorney ad litem has been appointed may consent to the release of information under this subsection only by the written authorization of the designated legal guardian or attorney ad litem. (c) A release of information pursuant to Subsection (a) of this section is not a pro- hibited release of information to the public under Subsection (a) of Section 10 of this Act. (d) A person who receives information obtained under this section may disclose the in- formation to others only to the extent consistent with the authorized purposes for which consent to release the information was obtained. (e) If a governmental body determines that information covered by a special right of access under this section is excepted from disclosure under any other exception under Subsection (a) of Section 3 of this Act, the governmental body shall, before disclosing the information, submit a written request for a decision to the attorney general under the procedures described in Section 7 of this Act. If a decision is not so requested, the governmental body shall release the information to the person with a special right of access under this section within 10 days of receiving the request for information. Application for public information Sec. 4. On application for public information to the officer for public records in a governmental body by any person, the officer for public records shall promptly produce such information for inspection or duplication, or both, in the offices of the governmental body. If the information is in active use or in storage and, therefore, not available at the time a person asks to examine it, the officer for public records shall certify this fact in writing to the applicant and set a date and hour within a reasonable time when the record will be available for the exercise of the right given by this Act. Nothing in this Act shall authorize any person to remove original copies of public records from the offices of any governmental body. Examination of public information Sec. 4A. (a) A person requesting public information must complete the examination of the information within 10 days after the date the custodian of the information makes it available to the person. (b) The officer for public records shall extend the initial examination period by an additional 10 days if, within the initial period, the person requesting the information files with the officer for public records a written request for additional time. The officer for public records shall extend an additional examination period by another 10 days if, within the additional period, the person requesting the information files with the officer for public records a written request for more additional time. (c) The time during which a person may examine information may be interrupted by the officer for public records if the information is needed for use by the governmental body. The period of interruption is not considered to be a part of the time during which the person may examine the information. - 5 Art. 6252-17a Officer for public records described • Sec. 5. (a) The chief administrative officer of the governmental body shall be the officer for public records, except that in counties each elected county officer shall be the officer for public records and the custodian, as defined by Section 201.003, Local Government Code, of the records created or received by that county officer's office. Each department head shall be an agent of the officer for public records for the purposes of complying with this Act. It shall be the duty of the officer for public records, subject to penalties provided in this Act, to see that the public records are made available for public inspection and copying; that the records are carefully protected from deteriora- tion, alteration, mutilation, loss, or unlawful removal; and that public records are re- paired, renovated, or rebound when necessary to maintain them properly. When records are no longer currently in use, it shall be within the discretion of the governmental body, or the elected county officer if the records are those of an elective county office, to determine a period of time for which said records will be preserved subject to state laws governing the destruction and other disposition of state and local government records. (b) Neither the officer for public records nor his agent shall make any inquiry of any person who applies for inspection or copying of public records beyond the purpose of establishing proper identification and the public records being requested or establishing whether the officer for public records is authorized under Subsection (e) of Section 4A of this Act' to refuse to honor the request for the records. The officer for public records or his agent shall give, grant, and extend to the person requesting public records all reasonable comfort and facility for the full exercise of the right granted by this Act. (c) The officer for public records or the officer's agent shall treat each request for information uniformly without regard to the position or occupation of the person making the request or the person on whose behalf the request is made or because the individual is a member of the media. 1 So in enrolled bill; there is no § 4A(e). Specific information which is public Sec. 6. Without limiting the meaning of other sections of this Act, the following categories of information are specifically made public information: (1) reports, audits, evaluations, and investigations made of, for, or by, governmental bodies upon completion; (2) the names, sex, ethnicity, salaries, title, and dates of employment of all employ- ees and officers of governmental bodies; (3) information in any account, voucher, or contract dealing with the receipt or expenditure of public or other funds by governmental bodies, not otherwise made confi- dential by law; (4) the names of every official and the final record of voting on all proceedings in governmental bodies; (5) all working papers, research material, and information used to make estimates of the need for, or expenditure of, public funds or taxes by any governmental body, upon completion of such estimates; (6) the name, place of business, and the name of the city to which local sales and use taxes are credited, if any, for the named person, of persons reporting or paying sales and use taxes under the Limited Sales, Excise, and Use Tax Act;' (7) descriptions of an agency's central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (8) statements of the general course and method by which an agency's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; - 6 - • Art. 6252-17a (9) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (10) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; (11) each amendment, revisions, or repeal of 7, 8, 9 and 10 above; (12) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (13) statements of policy and interpretations which have been adopted by the agency; (14) administrative staff manuals and instructions to staff that affect a member of the public; (15) information currently regarded by agency policy as open to the public. 1 V.T.C.A. Tax Code, § 151.001 et seq. Tax rulings and opinions Sec. 6A. A written determination letter, technical advice memorandum, or ruling that concerns a tax matter and that is issued by a governmental body with taxing authority shall be indexed by subject matter by the governmental body. The index and the document itself shall be made available to the public upon request, subject to the provisions of Section 3 of this Act. Attorney general opinions Sec. 7. (a) If a governmental body receives a written request for information which it considers within one of the exceptions stated in Section 3 of this Act, but there has been no previous determination that it falls within one of the exceptions, the govern- mental body within a reasonable time, no later than ten calendar days, after receiving a written request must request a decision from the attorney general to determine whether the information is within that exception. If a decision is not so requested, the informa- tion shall be presumed to be public information. (b) The attorney general shall forthwith render a decision, consistent with standards of due process, to determine whether the requested information is a public record or within one of the above stated exceptions. The specific information requested shall be supplied to the attorney general but shall not be disclosed to the public or the request- ing party until a final determination has been made by the attorney general or, if suit is filed under the provisions of this Act, until a final decision has been made by the court with jurisdiction over the suit. In a suit filed under this Act, the court may order that the information at issue be discovered only pursuant to a protective order until a final determination is made. If the governmental body wishes to withhold infor- mation, it must submit written comments setting forth the reasons why the information should be withheld. Any member of the public may submit written comments setting forth the reasons why the information should or should not be released. The attorney general shall issue a written opinion based upon the determination made on the request. (c) In cases in which a third party's privacy or property interests may be implicated, including but not limited to Subdivisions (1), (4), (10), and (14) of Subsection (a) of Section 3 of this Act, the governmental body may decline to release the information in order to request an attorney general opinion. A person whose interests may be implicated or any other person may submit in writing to the attorney general the person's reasons for withholding or releasing the information. In such cases, the governmental body may, but is not required to, submit its reasons why the information should or should not be withheld. - 7 - • Art. 6252-17a Writ of mandamus Sec. 8. (a) If a governmental body refuses to request an attorney general's decision as provided in this Act, or to supply public information or information which the attor- ney general has determined to be a public record, the person requesting the information or the attorney general may seek a writ of mandamus compelling the governmental body to make the information available for public inspection. (b) In an action brought under this section or Subdivision (3) of Subsection (c) of Section 10, the court may assess costs of litigation and reasonable attorney's fees incurred by a plaintiff or defendant who substantially prevails. In exercising its discretion, the court shall consider whether the conduct of the governmental body had a reasonable basis in law and whether the litigation was brought in good faith. Cost of copies of public records Sec. 9. (a) The cost to any person requesting noncertified photographic reproductions of public records comprised of pages up to legal size shall not be excessive. The State Purchasing and General Services Commission shall from time to time determine guidelines on the actual cost of standard size reproductions and shall periodically publish these cost figures for use by governmental bodies in determining charges to be made pursuant to this Act. The cost of obtaining a standard or legal size photographic reproduction shall be in an amount that reasonably includes all costs related to reproducing the record, including costs of materials, labor, and overhead unless the request is for 50 pages or less of readily available information. (b) Charges made for access to public records comprised in any form other than up to standard sized pages or in computer record banks, microfilm records, or other similar record keeping systems, shall be set upon consultation between the officer for public records and the State Purchasing and General Services Commission, giving due considera- tion to the expenses involved in providing the public records making every effort to match the charges with the actual cost of providing the records. The costs of providing the record shall be in an amount that reasonably includes all costs related to providing the record, including costs of materials, labor, and overhead. (c) It shall be the policy of all governmental bodies to provide suitable copies of all public records within a reasonable period of time after the date copies were requested. Every governmental body is hereby instructed to make reasonably efficient use of each page of public records so as not to cause excessive costs for the reproduction of public records. (d) The charges for copies made in the district clerk's office and the county clerk's office may not be greater than the actual cost of the copies as provided in Subsections (a) and (b) of this section unless a certified record, the cost for which is set by law, is requested. (e) No charge shall be made for one copy of any public record requested from state agencies by members of the legislature in performance of their duties. (f) The charges for copies made by the various municipal court clerks of the various cities and towns of this state shall be as otherwise provided by ordinance. (g) Public records shall be furnished without charge or at a reduced charge if the gov- ernmental body determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. (h) If a governmental body refuses or fails to provide copies of public records at the actual cost of reproducing the records as provided in Subsections (a) and (b) of this section, a person who overpays shall be entitled to recover three times the amount of the overcharge; provided, however, that the governmental body did not act in good faith in computing the costs. - 8 - Art. 6252-17a Distribution of confidential information prohibited •Sec. 10. (a) Information deemed confidential under the terms of this Act shall not be distributed. (b) An officer for public records, or his agent, commits an offense if, with criminal negligence, he or his agent fails or refuses to give access to, or to-permit or provide copying of, public records to any person upon request as provided in this Act. (c) It is an affirmative defense to prosecution under Subsection (b) of this section that the officer for public records reasonably believed that the public records sought were not required to be made available to the public and that he: (1) acted in reasonable reliance upon a court order or a written interpretation of this Act contained in an opinion of a court of record or of the attorney general issued under Section 7 of this Act; (2) requested a decision from the attorney general in accordance with Section 7 of this Act, and that such decision is pending; or (3) within 10 calendar days of the receipt of a decision by the attorney general that the information is public, filed a petition for a declaratory judgment, a writ of manda- mus, or both against the attorney general, in a Travis County district court seeking relief from compliance with such decision of the attorney general, and that the petitions are pending. (d) It is, further, an affirmative defense to prosecution under Subsection (b) of this section that a person or entity has, within 10 calendar days of the receipt by a govern- mental body of a decision by the attorney general that the information is public, filed a cause of action seeking relief from compliance with the decision of the attorney general, and that the cause is pending. (e) It is an affirmative defense to prosecution under Subsection (b) of this section that the defendant is the agent of an officer for public records and that the agent reasonably relied on the written instruction of the officer for public records not to disclose the public records requested. - END - - 9 - W HAT IS A FRIENDS GROUP P SMITH LIBRARY OFFERS : Exhibits , The Friends of the Smith Public Library Programs : is a group of citizens of the community amorytime whose awareness of the library and its Story ime Films importance makes them willing to work ChildChildren' s Readingilms Club for its progress . Special Interest Programs Services : Reference Inter-Library Loans IRS Forms HOW CAN YOU BE INVOLVED ? Friends of Library Book Sales In Person Author-Lecture Series JOIN A COMMITTEE A MEMBERSHIP : Will be responsible for LIBRARY CARD INFO : membership sign ups , especially in the A library card is offered to everyone date.business sector . Will also keep lists free of charge, whether you live in up toWylie or not. Just ask for an A PUBLICITY : Will help promote library application at the front desk. using various types of media. A NEWSLETTER: Periodically put out to keep members informed. FRIENDS OF THE LIBRARY IS A NON — PROFIT ORGANIZATION. YOUR CONTRIBUTION IS • BEAUTIFICATION : Help "pretty up" our TAX DEDUCTIBLE. faci l ities. A Membership Application /� A VOLUNTEER : For those who wish to help ame (% 1 in the library. Address • PROGRAM: Will help plan and implement Phone various events . ANNUAL DUES -CHECK ONE • LITERACY : Will help adults improve and. increase their reading and vocabulary :INDIVIDUAL $ 10.00 0 BUSINESS $ 100.00 skills. ❑ FAMILY $ 25.00 0 GIFT $ ❑ JUNIOR 0 GOLDEN AGES 1CLg (under 18) $ 5.00 (65 8 over) $ 5.00 SEND TO: FRIENDS OF THE LIBRARY, 800 THOMAS, WYLIE, T . 75098 RITA & TRUETT SMITH LIBRARY 800 THOMAS STREET WYLIE, TEXAS 75098 (214) 442-7566 An invitation to join the Friends of the Library . . . . FOR YOUR USE : Books Microfilm, Microfiche Audio Cassettes Microfilm Reader Copier Projector Films Phono. Records Magazines Videocassettes 41V*Wrill‘ Newspapers Maps p 4--..........-kroz. Pamphlets FA-,, ^^Act .i. . 1 r LIBRARY HOURS '/fart: '\' � Monday10 :00 a. m. - 7 : 00 p. m. ri'llt,'41 • N Tuesday 12: 00 p. m. - 8 : 00 p. m.Wednesday 10: 00 a. m. _ 7 : 00 p. m.Thursday 10:00 a. m. 7 : 00 p. m. . , , •Friday 10:00 a. m. - 7 : 00 p. m. Saturday 11 : 00 a. m. - 5 : 00 p. m. � 4 4 lilli Or ix A Please indicate which committee ( s ) you Nil ft • ' would be willing to serve on by checking /' the appropriate box below. t • • , e li .,Ili N 4..„,„. ID MEMBER SHIP ❑ BEAUTIFICATION �goo. le^ ❑ PUBLICITY ❑ VOLUNTEER ❑ NEWSLETTER ❑ PROGRAM SMITH PUBLIC LIBRARY ❑ LITERACY ARTICLES OF INCORPORATION OF FRIENDS OF THE RITA AND TRUETT SMITH LIBRARY, INC. KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN: Whereas that we, C. Truett Smith, David Stephens, and Rob- ert Fultz, being persons of the age of twenty-one (21) years or more, at least two (2) of whom are citizens of the State of Texas, acting as incorporators of a corporation under the Texas Non-Profit Corporation Act, do hereby adopt the following articles of Incorporation: I. The name of the corporation is THE FRIENDS OF THE RITA AND TRUETT SMITH LIBRARY, INC. . II. The corporation is a non-profit corporation. III. The period of its duration is perpetual. IV. The purposes for which the corporation is organized are: (a. ) To exist as a non-policy making non-profit organization to foster the closest possible relations between The Rita and Truett Smith Library of Wylie, Texas and the citizens of the Wylie, Texas area; to promote the public's knowledge of the library's functions, resources, services and needs. (b. ) To aid in the development of programs for the extension and improvement of the Rita and Truett Smith Library values, services and resources. Said corporation is organized exclusively for charitable and educational purposes, including, for such purposes, the making of dis- tributions to organizations that qualify as exempt organizations under Section 501 (c)(3) of the Internal Revenue Code of 1954 (or the corres- ponding provision of any future United States Internal Revenue law) . 1. V. The address of the initial registered office of the corpora- tion is 401 N. Ballard, P.O. Box L, Wylie, Texas 75098, and the name of its initial registered agent at such address is TRUETT SMITH. VI. The number of directors shall be not less than five (5) or more than nine (9) , and the names and addresses of the persons who are to serve as the initial directors are: Truett Smith Wylie, Texas 75098 David Stephens Wylie, Texas 75098 Robert Fultz Wylie, Texas 75098 Teresa Lott Wylie, Texas 75098 Ellen Smith Wylie, Texas 75098 Gelene Dodd Wylie, Texas 75098 Jan Morgan Wylie, Texas 75098 VII. The names and addresses of the incorporators are: Truett Smith Wylie, Texas 75098 David Stephens Wylie, Texas 75098 Robert Fultz Wylie, Texas 75098 VIII. No part of the net earnings of the corporation shall inure to the benefit of, or be distributed to its members, trustees, officers, or other private persons, except the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article Four hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not parti- cipate in, or intervene in (in-i_,,ding the publishing o•^ distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, 2. the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue law) or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States In- ternal Revenue law) . IX . • In the event of the dissolution of this organization, all of its assets shall be distributed directly to the Rita and Truett Smith Library of Wylie, Texas if then in existence, otherwise such distri- bution shall be made to non-profit organizations meeting the rules and tax exempt requirements of the United States Internal Revenue Service. X. The corporation shall be without capital stock. IN WITNESS WHEREOF, we have hereunto set our hands, this the J/a day of , �6. ,,� .���-�� , 1985. C.t Truett Smith David Stephens Robert Fultz 3. STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, a Notary Public, on this date personally appear- ed C. Truett Smith, David Stephens, and Robert Fultz, known to me to be the persons whose names are subscribed to the foregoing doc- ument and, being by me first duly sworn, declared that the statements therein contained are true and correct. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this J7,7 day of 7/t_,/ ^(r > /LQ '� , 1985. Notary Public, State of Texas 4.