Texas State Library and Archives Commission

July 1, 2011

Minutes

The Texas State Library and Archives Commission (TSLAC) met on Friday, July 1, 2011, at the Lorenzo de Zavala State Archives and Library Building, 1201 Brazos Street, in Austin, Texas.

 

Commissioners Present:               Sandra J. Pickett, chairman

                                                Sharon T. Carr

                                                Martha Doty Freeman

                                                Larry G. Holt

                        Wm. Scott McAfee

                                                Sally Reynolds

                                                Michael C. Waters

 

Staff Present:                             Peggy D. Rudd, director and librarian

                        Edward Seidenberg, assistant state librarian

                                                Jelain Chubb, director, Archives and Information Services

                        Ava Smith, director, Talking Book Program

                                                Deborah Littrell, director, Library Development and Networking

                                                Manuel Alvarez, director, Information Resources Technologies

                        Vincent Houston, director, Administrative Services

                                                Tracy Kuhn Lash, executive assistant 

                                                Sarah Jacobson, manager, Records Management Assistance

                                                Michael Reagor, government information analyst

                                                Erica Wilson, administrative specialist

                                                John Anderson, preservation officer

                                                                                                                       

Guests Present:                          Cathy Hartman, Freedom of Information Foundation of Texas

                                                Keith Elkins, Freedom of Information Foundation of Texas

                                                Michael Dean, Clifton Gunderson, LLC

                                                Susan Van Hoozer, Clifton Gunderson, LLC

                                                Coby Condrey

                                                Frank Cuellar

                                                David Gracy

                                                Wendy Willeford, Houston Area Library System

                                                Susan Mann, Hillsboro Public Library

                                                Eileen Altmiller, Central Texas Library System

                                                Larry Ringer, Central Texas Library System

                                                Daniel Bradford, Travis County Attorney’s Office

                                                Arthur Mann, Hillsboro Reporter

                                                Carol Brock, graduate student, University of Texas

 

Chairman Pickett convened the meeting at 11:01 a.m., following the meeting of the Audit Committee.

 

1.  Approve Minutes of the April 12, 2011 and May 5, 2011 meetings of the Records Management Committee, Audit Committee, Ad Hoc Committee on the Sam Houston Regional Library and Research Center and Commission meetings.

 

Commissioner Carr moved to approve the April 12, 2011, Records Management Committee minutes. Commissioner Freeman seconded. Motion passed.Commissioner Carr moved to approve the April 12, 2011, Audit Committee minutes. Commissioner Reynolds seconded.Motion passed. Commissioner Carr moved to approve the April 12, 2011, Commission meeting minutes. Commissioner Holt seconded. Motion passed.

 

Commissioner Carr moved to approve the combined minutes of the May 5, 2011, Ad Hoc Committee on the Sam Houston Regional Library and Research Center and the Commission meeting. Commissioner Freeman seconded. Motion passed.

2.  Introductions.  Peggy Rudd introduced Employees of the Quarter, Erica Wilson and John Anderson. Jelain Chubb introduced Carol Brock who is serving as an intern at the agency.

3.  Public Comment.  Frank Cuellar addressed the commission regarding concerns about the State Records Center.

4.  General Announcements.

5.  Review of consent agenda.  Non-substantive corrections noted.

6.  Consideration of Commemorative Resolutions.  Chairman Pickett presented a commemorative resolution for Sunny Casarez who retired from the agency June 30, 2011.Commissioner Carr moved to approve the resolution. Commissioner Reynolds seconded. Motion passed.

7.  Review and approve Audit Committee recommendations.

 

Audit Committee Chairman Michael C. Waters reported on Audit Committee activities. Audit Committee Chairman Waters moved to approve the Audit of the Sam Houston Regional Library and Research Center as approved by the Audit Committee. No second required. Motion passed with Chairman Pickett abstaining. Audit Committee Chairman Waters moved to approve the Audit of TSLAC’s compliance with TAC 202, Information Security Standards. No second required. Motion passed.

 

8.  Authorization to adopt amendments to 13 TAC 7.125, regarding local government records retention schedules: CC (County Clerk), DC (District Clerk), LC (Justice and Municipal Courts) and PS (Public Safety Agencies).

 

Sarah Jacobson requested approval to adopt amendments to 13 TAC 7.125 regarding local government records retention schedules CC (County Clerk), DC (District Clerk), LC (Justice and Municipal Courts) and PS (Public Safety Agencies) as approved by the Records Management Committee. Commissioner Freeman moved to approve. Commissioner Reynolds seconded. Motion passed.

9.  Consideration of petition to amend rules under Texas Government Code sec. 2001.021 and possible authorization to propose amendments to 13 TAC 7.125, regarding local government records retention schedules: GR (Records Common to Local Governments).

 

Commissioner Freeman reported on Records Management Committee activity in considering a petition received by the agency May 12, 2011, toincrease retention periods for two items in the GR schedule (Records Common to All Local Governments, 4th Edition). The request came from Bill Aleshire, Austin attorney representing the Freedom of Information Foundation of Texas. In his petition, Mr. Aleshire requested the following:

 

·         Item GR 1000-26a (Correspondence, Internal Memoranda and Subject Files): extend the retention period to 5 years.

·         Item GR 1000-26b: extend the retention period to 4 years and include appointment calendars.

 

Keith Elkins and Daniel Bradford each addressed the commission in support of the petition. Joe Thrash answered questions from the commission regarding the statute of limitations. After discussion, Commissioner Freeman moved to table the item and to instruct staff to bring a draft to initiate rulemaking for these items at the August 12th commission meeting. Commissioner Reynolds seconded. Motion passed.

 

10.  Consideration of petition to amend rules under Texas Government Code sec. 2001.021 and possible authorization to propose amendments to 13 TAC 6.10, regarding the Texas State Records Retention Schedule (4th Edition).

 

Sarah Jacobson informed the commission that the agency had also received a petition from BillAleshire to amend the Texas State Records Retention Schedule as follows:

 

·         13 TAC section 6.10, Item No. 1.1007 retention period to 5 years

·         13 TAC 6.10, Item No. 1.100, Retention Period, to 4 years.

·         13 TAC section 6.10, Item No. 1.1.013 (Calendars, Appointment and Itinerary Records).

 

Commissioner McAfee moved to table the item and instruct staff to bring a draft to initiate rulemaking for this item to the August 12th commission meeting. Commissioner Carr seconded. Motion passed.

 

11.  Review and approve acceptance of gifts and grants greater than $500.

 

Edward Seidenberg requested approval for the following gifts:

 

·         The agency received two donations from Cass Information Systems, agent for AT&T Mobility Services, in the amounts of $540.00 on May 13, 2011 and $637.61 on June 14, 2011.

 

·          The agency received a donation of a manuscript collection from Richard and Janice Bachman on April 4, 2011

 

Commissioner Carr moved to approve the gifts. Commissioner Freeman seconded. Motion passed.

 

No grants were presented for approval at this time.

 

At this point in the meeting, Jelain Chubb and John Anderson shared archival materials from the Bachman Collection.

 

12.  Review and approve contracts greater than $100,000.

 

Deborah Littrell requested approval of a Gale Cengage contract amendment to increase the contract amount of $1,773,742 by an additional $275,549 in order to restore the InfoTrac Newsstand. The amended contract will not exceed $2,049,291. Commissioner McAfee requested staff provide usage statistics for future contract approval requests. Commissioner Carr moved to approve the contract amendment. Commissioner Reynolds seconded.Motion passed.

 

At this point in the meeting, Chairman Pickett recessed the meeting at 12:27 p.m. and reconvened the meeting at 12:55 p.m.

 

13.  Report of the Director and Librarian.

Peggy Rudd provided a written report of agency activities since the last commission meeting and answered questions regarding the report. No action required.

 

14.  Review the status of appropriations and funding by the Texas Legislature and the federal government for SFY 2012 and 2013, including plans to implement the budget reductions and agency reorganization.

 

Wendy Willeford, Eileen Altmiller and Larry Ringer informed the commission of concerns about budget cuts on libraries and library systems in Texas. Susan Mann raised concerns and asked questions about library services to the commission. David Gracy asked the commission to honor the law with regard to records and archives and library functions.

 

Peggy Rudd updated the commission on the status of appropriations and funding by the 82nd Legislature and the federal government for SFY 2012 and 2013. Director Rudd informed the commission that the agency’s budget had been cut 64 percent for SFY 2012 and 2013. This enormous cut necessitates the agency reorganization including the elimination of one division and the merging of two divisions plus program reductions, and staff cuts. After discussion, the commission requested staff restore the records division and bring a revised organizational plan to the August 12th commission meeting.

 

15.  Adoption of the FY 2012 fee schedules related to records storage and imaging services.

 

After discussion, the commission tabled this item until the August 12th commission meeting.

 

16.  Authorization to adopt amendment to 13 TAC 8.1(a)(15) relating to the legal citation of the Texas Nonprofit Corporation Act.

 

Deborah Littrell requested to adopt amendment to 13 TAC 8.1(a)(15) relating to the legal citation of the Texas Non Profit Corporation Act. Commissioner Reynolds moved to approve the adoption. Commissioner Carr seconded. Motion passed.

 

There being no further business before the commission, Chairman Pickett adjourned the meeting at 3:17 p.m.

 

Submitted by,

 

 

 

Peggy D. Rudd

Director and Librarian

Page last modified: October 6, 2011