Texas State Library and Archives Commission
October 2, 2012
The Texas State Library and Archives Commission met on Tuesday, October 2, 2012, in the Learning Center of the National Archives and Records Administration Building, 2600 West 7th Street, Montgomery Plaza, Fort Worth, Texas.
Michael C. Waters, chairman
Sharon T. Carr
Martha Doty Freeman
F. Lynwood Givens
Larry G. Holt
Wm. Scott McAfee
Sandra J. Pickett
Peggy D. Rudd, director and librarian
Edward Seidenberg, deputy director
Donna Osborne, director, Administrative Services
Jelain Chubb, director, Archives and Information Services
Craig Kelso, director, State and Local Records Management
Deborah Littrell, director, Library Development and Networking
Ava Smith, director, Talking Book Program
Cesar Garza, communications officer
Tracy Kuhn Lash, executive assistant
Marty Parker, CliftonLarsonAllen, LLP
Gloria meraz, Texas Library Association
Sian Brannon, University of North Texas
Manny Fernandez, New York Times
Mark Loeffler, General Land Office
Mark Lambert, General Land Office
Joe Thrash, Office of the Attorney General
Chairman Waters called the meeting to order at 10:05 a.m. and welcomed everyone to the meeting.
- Approve minutes of August 2, 2012, meetings of the Audit Committee and the Commission.
There being no corrections to the minutes, Commissioner Freeman moved to approve the minutes. Commissioner Carr seconded. Motion passed.
- Introductions. Peggy Rudd introduced Gloria Meraz, Manny Fernandez and Sian Brannon.
- Welcome remarks from the National Archives and Records Administration. Remarks were delivered during the Audit Committee meeting.
- Public Comment. There was no public comment at this time.
- General announcements. There were no announcements.
- Conflict of Interest Disclosure. There were no disclosures at this time.
- Review of consent agenda: non-substantive corrections in other agenda items such as spelling, numbering, punctuation, grammar, or other revisions. None were noted.
- Report of the Audit Committee.
Commissioner McAfee, Audit Committee chairman, reported that the Audit Committee took action on five items and recommended approval of all which consisted of approving the Audit of Grant Management Processes, Audit Committee charter, activities and organizational structure, the Annual Risk Assessment and Audit Plan for FY 2013, the Internal Audit Services Contract for FY 2013 and a site visit report by the National Library Service for the Blind and Physically Handicapped. No second required. Motion passed.
In deference to guests from the General Land Office, Chairman Waters took up Agenda Item 12.
- Consider request to loan archival document.
Chairman Waters welcomed Mark Loeffler and Mark Lambert who responded to questions and concerns from commissioners regarding the General Land Office request to borrow the William B. Travis Letter for display at the Alamo in 2013. In response to a question from Commissioner McAfee, Peggy Rudd said that TSLAC staff do advise against the loan because risk to the fragile and delicate document cannot be fully mitigated. Commissioners questioned GLO plans for security, disaster response and evacuation, display case specifications, return and certification of the document and expressed concerns about the burden on staff time, cost to the agency, length of the exhibit and how the document will be transported. Commissioner McAfee said he felt that security plans for the document were not up to the level he had seen recently in Europe for a rare artifact.
Chairman Waters said the commission was working from a draft Memorandum of Understanding that was included in the commission meeting packet and although Mr. Loefflor and Mr. Lambert had presented the commission with an updated version, the commission could not consider it during the meeting.
Commissioner Holt expressed the desire that if approved the loan would be a one-time event and that this wording should be included in the agreement between the two agencies. Commissioners expressed concern that there were no plans for evacuating the document in the event of a threatening event or natural disaster. Commissioner Pickett expressed concerns about transporting the document during the day as the General Land Office would like. Jelain Chubb stated that such plans contradict the best practices of the archival and museum field.
Chairman Waters suggested that the commission take a general vote on the Memorandum of Understanding as presented in the meeting packet and then discuss and vote on the three items: the weight of case, transportation and length of loan. He moved to adopt the Memorandum of Understanding as written. Commissioner Holt seconded. A roll call vote was taken with Commissioners Carr, Freeman, Givens, McAfee and Pickett voting against; Chairman Waters and Commissioner Holt voted for the motion. Motion failed.
Commissioner McAfee moved that the commission return in two weeks to consider a completed evacuation plan and a completed Memorandum of Understanding. Chairman Waters seconded. Commissioner Holt offered an amendment to include a security plan as well. Chairman Waters seconded the amendment. After a discussion about when to transport the document to San Antonio from Austin, the motion, second and amendment were withdrawn. Mr. Loefflor told the commission that Commissioner Patterson feels very strongly that transporting the document during the day is important.
Commissioner McAfee moved that the commission return within two weeks with an updated MoU that includes an updated evacuation plan, updated environmental plan with an updated security plan reviewed by the agency’s attorney. Commissioner Holt seconded. Peggy Rudd pointed out that meeting in two weeks would not allow sufficient time to post the meeting in the Texas Register or enough time for the commission to review the materials. Commissioner McAfee amended his motion to meet in three weeks with Commissioner Holt agreeing to the amendment. A roll call vote was taken with Commissioners Holt, McAfee, Pickett and Chairman Waters voting for the motion and Commissioners Carr, Freeman and Givens voting no. Motion passed.
At this point in the meeting Chairman Waters adjourned the meeting for a lunch break. The time was 11:25 a.m. Chairman Waters reconvened the meeting at 12:00 p.m.
- Approve contracts greater than $100,000.
Deborah Littrell requested approval of a contract with Gale-Cengage Learning for a Literature Resource Center online database, part of the TexShare core database program. The TSLAC portion of the contract is $805,750 with the contract period July 1, 2013 to June 30, 2014. Commissioner Carr moved to approve the contract. Commissioner Givens seconded. Motion passed.
Ms. Littrell also requested approval of a public library technology assessment contract with HBMG, Inc., to conduct technology assessments at approximately 335 library sites for a total contract amount not to exceed $423,275. Commissioner Carr moved to approve the contract. Commissioner McAfee seconded. Motion passed.
- Consider appointment to the TexShare Advisory Board.
Deborah Littrell requested approval for the appointment of Gretchen Pruett, director of the New Braunfels Public Library, to the TexShare Advisory Board for a term to expire August 31, 2013. Commissioner Carr moved to approve the appointment. Commissioner Pickett seconded. Motion passed.
- Report of the Director and Librarian.
Peggy Rudd presented a written report on agency activities and initiatives and responded to questions about the report.
- Authorization to propose rule review of Chapter 3 (State Publications Depository).
Jelain Chubb requested authorization to propose rule review of Chapter 3, concerning the State Publications Depository Program, in the Texas Register for public comment. Commissioner McAfee moved to approve. Commissioner McAfee moved to approve. Commissioner Carr seconded. Motion passed.
- Authorization to propose rule review of Chapter 6 (State Records).
Craig Kelso requested permission to publish notice of intent to review Chapter 6 rules concerning state records. Commissioner Carr moved to approve. Commissioner McAfee seconded. Motion passed.
- Authorization to propose new rules 13 TAC 7.161-7.165 regarding standards for the storage of local government records.
Craig Kelso requested authorization to publish notice of proposed new rules 13 TAC 7.161 – 7.165 regarding standards for the storage of local government records in the Texas Register for public comment. Commissioner Carr moved to approve. Commissioner Freeman seconded. Motion passed.
- Executive session, as authorized by Texas Government Code 551.071 and 551.074, regarding consultations with attorney and personnel matters, respectively.
At 1:21 p.m., Chairman Waters, as authorized by Government Code 551.071 and 551.074 called the commission into executive session regarding consultations with attorney and personnel matters, respectively.
The commission returned to open session at 2:56 p.m. at which time Chairman Waters adjourned the meeting.
Peggy D. Rudd
Director and Librarian