5693917 Library, Public - Final Rulemaking - DCPL legislation related to donation  

  • DISTRICT OF COLUMBIA PUBLIC LIBRARY

    NOTICE OF FINAL RULEMAKING

     

    The District of Columbia Public Library Board of Trustees, pursuant to the authority set forth in An Act to establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; D.C. Official Code § 39-105 (2012 Repl.)); hereby gives notice of the adoption of the following amendments to Sections 811, 816, and 817 of Chapter 8 (Public Library) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR).

     

    The Board of Trustees has appointed the Chief Librarian/Executive Director, through D.C. Official Code § 39-105(a)(10) (2012 Repl.), to establish rules and manage the day-to-day operations of the library.  On August 3, 2015, the Executive Director of the District of Columbia Public Library (“DCPL”) approved the proposed new amendment(s) to the District of Columbia Public Library Regulations.  The amendments will permit the DCPL’s Executive Director and/or designee to manage the in-kind and fixed asset donation process.

     

    A Notice of Proposed Rulemaking was published in the D.C. Register on August 28, 2015 at 62 DCR 36.  No comments were received.  These rules shall become effective on the date of publication of this notice in the D.C. Register.

     

    Chapter 8, PUBLIC LIBRARY, of Title 19, AMUSEMENT, PARKS AND RECREATION, is amended as follows:

     

    Section 811, DCPL PROCEDURES FOR SOLICITATION AND/OR DONTATION OF FINANCIAL, IN-KIND AND FIXED ASSET GIFTS, is amended as follows:

     

    Subsection 811.2 is amended by striking the word “entitles” and inserting the word “entities” in its place, so that the subsection reads as follows:      

     

    811.2               The policies and guidelines set forth are based on the legislation titled "Public Charter School Assets and Facilities Preservation Amendment Act of 2006" which amends D.C. Official Code, §§ 39-101 et seq.  The new legislation provides that the Board of Library Trustees (the "Board") may accept donations, gifts by devise or bequest, grants, and any other type asset from individuals, groups, organizations, corporations, partnerships, and other governmental entities.

     

    Section 816, IN-KIND AND FIXED ASSET DONATIONS, is amended as follows:

     

    Subsection 816.2 is amended to read as follows:

     

    816.2               The Director of Collections and/or Branch Manager shall assess whether the acceptance of the proposed donation would be a greater cost than benefit to the DCPL.

     

    Subsection 816.3 is amended to read as follows:

     

    816.3               The Director of Collections and/or Branch Manager shall determine if the donation is in a usable condition for the DCPL, if not, the donation shall be declined.

     

    Subsection 816.10 is amended by striking the words “Office of the General Counsel” and inserting the words, “Director of Collections and/or Designee”, so that the subsection reads as follows:

     

    816.10             The Director of Collections and/or Designee shall send a thank you letter to the Donor for the donation and give a copy to the Office of Budget and Finance.

     

    Section 817, MONITORING, REPORTING, AND PUBLIC INSPECTION OF DONTATIONS, is amended as follows:

     

    Subsection 817.1 is amended by striking the words “Office of the General Counsel” and inserting the words “Chief Librarian and/or Designee” in its place and striking the words “Chief Librarian” and inserting the words “Office of General Counsel” in its place, so that the subsection reads as follows:

     

    817.1               The Chief Librarian and/or Designee shall prepare a bi-annual report of all donations to be monitored and tracked by the Office of General Counsel. The OCFO shall prepare a report on the status of budget expenditures and available balance to be used in conjunction with the bi-annual report.

     

    Subsection 817.2 is amended as follows:

     

    817.2               Each report shall have the donor's name, the brief description of the donation, the total value of the approved solicited and accepted donation, and the donation approval date. A copy of the donation report shall be provided to the Office of General Counsel.

     

    Subsection 817.3 is amended by striking the words “General Counsel” and inserting “Chief Librarian and/or Designee” in its place, so the subsection reads as follows:

     

    817.3               The Chief Librarian and/or Designee shall file quarterly reports listing all donations with the Office of Administrative Documents and Issuances to be printed in the D.C. Register.

     

    Subsection 817.4 is amended to read as follows:

     

    817.4               The DCPL, through its Chief Librarian and/or Designee shall also publish a monthly report of all donations accepted and approved on the DCPL web page monthly. This report shall include the donor’s name, the brief description of the donation, the total value of the approved solicited and accepted donation, and donation approval date.