Texas State Library and Archives Commission
June 2, 2014

Minutes

The Texas State Library and Archives Commission met on Monday, June 2, 2014, in the Darryl Tocker Learning Center, Lorenzo de Zavala State Archives and Library Building, 1201 Brazos Street, Austin, Texas.

1. Approve minutes of April 8, 2014 Audit Committee and Commission Meetings.

Commissioner McAfee moved to approve minutes of the April 8, 2014 Audit Committee meeting and Commission meeting. Commissioner Carr seconded. Motion passed.

2. Public comment.
    
3. Introductions and general announcements.

Chairman Waters thanked staff for being present and also thanked Commissioner Holt for hosting the Ad Hoc Committee meeting in Bryan on May 22. Mark Smith recognized Tony Black, Sarah Jacobson, Angela Ossar, Nan Pfiester, Rebecca Romanchuk, Laura Saegert, Jessica Tucker, Erica Wilson, Tonia Wood and Bonnie Zuber who recently earned the Digital Archives Specialist certification. Mr. Smith noted that the program is rigorous, consisting of nine classes and a comprehensive examination and that there are only 90 individuals in the country with this designation and 10 are at the commission. Mr. Smith also introduced Shantil Moore.

4. Conflict of interest disclosures. No disclosures at this time.
    
5. Review of consent agenda: non-substantive corrections in other agenda items such as spelling, numbering, punctuation, grammar, or other revisions. Non-substantive typographical errors were noted.
    
6. Consideration of Commemorative Resolutions. Craig Kelso introduced Gilbert Herrara and read a commemorative resolution honoring Mr. Herrara who retired March 31 after seven years with the agency.
    
7. Introduction of Employees of the Quarter. Mark Smith introduced Stephen Miles Lewis and Katharine Reagor, who were selected as the agency’s FY2014 Second Quarter Employees of the Quarter.
    
8. Review and approve Audit Committee recommendations regarding the Internal Audit of Fixed Asset Management. Commissioner McAfee reported that the Audit Committee recommended accepting the Internal Audit of Fixed Asset Management. No second required. Motion passed.
    
9. Review and approve acceptance of grants, and gifts greater than $500.

Jelain Chubb introduced Gene Krane who presented a $5,000 grant to the commission from the Texas Historical Foundation. The grant is to assist with the preservation of early Supreme Court case files. Ms. Krane said the Foundation is very impressed with the agency’s work and noted that this is the second grant from the Foundation to TSLAC.

23. Executive session, as authorized by Texas Government Code §551.071, §551.074, and §551.076, regarding consultations with attorney, personnel matters, and security devices respectively.

At 10:05 a.m., Chairman Waters took up agenda item 23 and called the commission into executive session as authorized by Texas Government Code §551.071, §551.074, and §551.076 regarding consultations with attorney, personnel matters, and security devices, respectively.

At 11:46 a.m., the commission returned to regular session and Chairman Waters recessed the meeting for lunch. At 12:06 p.m. the commission returned to regular session. Chairman Waters called for motions for items considered in executive session. There being none, Chairman Waters took up agenda item 13.

13. Discuss and approve Agency Strategic Plan for FY 2015-2019.

Mark Smith presented the Agency Strategic Plan for FY 2015-2019 and requested commission approval noting that no further substantive material would be added unless directed by the commission. Deadline for the plan is June 23. The commission discussed the plan and provided suggestions and comments. Commissioner Carr moved to approve the plan with the corrections noted. Commissioner McAfee seconded. Motion passed unanimously.

14. Discuss preparation of the Legislative Appropriations Request for FY 2016-2017.

Mark Smith presented a revised draft of Exceptional Items to be included in the agency’s Legislative Appropriations Request for FY 2016-2017 and asked for commission suggestions and input. Chairman Waters reminded commissioners that they will be asked to approve the LAR and to prioritize Exceptional Items at the August 1 commission meeting. After discussion, Chairman Waters asked commissioners to provide any revisions to Director and Librarian Smith as soon as possible after the meeting.

10. Review and approve contracts greater than $100,000, and contract renewals.

Deborah Littrell requested renewal of three online TexShare database contracts with EBSCO, Gale-Cengage and Learning Express. Recommended for renewal by the TexShare Electronic Information Working Group, the databases total $5,838,779. Duration for each subscription is July 2014 through June 2015. Commissioner Givens moved to approve the contract renewal. Commissioner Carr seconded. Motion passed.

Deborah Littrell requested approval of TexSelect online database contract renewals with EBSCO, Encyclopaedia Britannica, Gale Cengage, Ovid Technologies, Rand, R.R. Bowker and Teton Data. She noted that no TSLAC funds are expended for TexSelect resources. TexSelect member libraries use their own funds to subscribe to the TexSelect products they want. Commissioner Carr moved to approve the contracts. Commissioner Holt seconded. Motion passed.

Craig Kelso requested approval to extend an existing contract for Infolinx Software Implementation to November 2014, noting that no additional funds will be expended. Commissioner McAfee moved to approve. Commissioner Carr seconded. Motion passed.

Donna Osborne requested approval for agency contracts that increased more than 10 percent of original contract amounts and contract extensions of more than six months. Commissioner Pickett moved to approve all contract renewals. Commissioner Carr seconded. Motion passed.

11. Report from the Ad Hoc Committee on the Sam Houston Regional Library and Research Center

Commissioner Holt reported that the Ad Hoc Committee on the Sam Houston Regional Library and Research Center met on May 22 in Bryan and discussed matters regarding improvement of the historical properties at the Center. Jelain Chubb shared photographs of recent flooding on the Center grounds and noted that the engineers working on the site plan visited during this time to see firsthand the effects of heavy rainfall on the grounds. She explained that the engineers, Fittz and Shipman, are conducting a site plan and will recommend improvements for the committee to consider at its next meeting on July 18.

12. Review and Approve Memorandum of Understanding with the Friends of Libraries & Archives of Texas.

Commissioner Holt noted that the commission had been seeking a way to resolve the issue of privately-held items being stored at the Sam Houston Regional Library and Research Center to benefit the Center. Joe Thrash presented a revised Memorandum of Understanding between TSLAC, the Friends of Libraries & Archives of Texas and the Atascocito Historical Society that transferred these items to the Friends from the Society. The revised document provided for automatic renewal and also included a title change from MOU to Agreement between the parties.

Commissioner Holt advocated for automatic renewal with the assurance that management will review and bring the matter to the commission’s attention. Commissioner McAfee moved approval provided the committee chair and counsel do not substantively change the language and include renewal on an automatic basis as recommended by Commissioner Holt. Commissioner Freeman seconded. Commissioner Givens said he didn’t feel comfortable agreeing to a contract he hasn’t seen. A roll call vote was taken with the motion passing 5-1-1 with Commissioner Givens voting against and Commissioner Pickett abstaining.

15. Report on the status of the Talking Book Program automation project.

Ava Smith introduced Greg Haviland who updated the commission on the progress of the Talking Book Program automation project. Mr. Haviland said the project will be ready to submit to the Quality Assurance Team in three weeks.

16. Review of draft Maintenance of Effort Waiver Request.

Because the agency failed to meet Maintenance of Effort requirements of the federal Institute of Museum and Library Services by 17% which will jeopardize federal funding for the agency for FY2016, the agency will request a waiver from this requirement. Mark Smith presented the agency’s draft request for a waiver to the commission for comment noting that the arguments presented are the same made in a previous waiver request approved by IMLS. The request is due by June 30.

17. Report of the Director and Librarian.

Mark Smith provided a written report of agency activities and initiatives since the last commission meeting and answered questions regarding the report. He thanked Commissioner Freeman for taking a lead role in reconvening the Local Government Records Task Force held May 29 and also thanked Chairman Waters and Commissioner Givens for attending.

Chairman Waters called for a break at 2 p.m. and reconvened the meeting at 2:10 p.m. Commissioner McAfee had to leave the meeting at this point.

18. Authorization to propose repeal of rules 13 TAC 3.1-3.13 regarding standards for the State Publications Depository Program.

Jelain Chubb requested authorization to propose the repeal of 13 TAC 3.1-13 regarding standards for the State Publications Depository Program. Budget cuts in FY 2011 resulted in the restructuring and downsizing of the program. The repeal of existing rules and subsequent adoption of new rules will formalize the program’s current practice. Commissioner Pickett moved to approve. Commissioner Carr seconded. Motion passed.

19. Authorization to propose new rules for 13 TAC 3.1-3.8 regarding standards for the State Publications Depository Program.

Jelain Chubb requested authorization to propose new rules for 13 TAC 3.1-8 regarding standards for the State Publications Depository Program. Ms. Chubb said new rules are needed to bring the rules in line with current practices since the program was restructured and downsized after budget cuts in FY 2011 Commissioner Pickett moved to approve. Commissioner Carr seconded. Motion passed.

20. Authorization to propose amended rules 13 TAC 6.3, 6.4, 6.6, 6.10 regarding submission of records retention schedules for recertification.

Craig Kelso requested authorization to propose rule amendments to 13 TAC 6.3, 6.4, 6.6, and 6.10, regarding records retention schedule recertification for state agencies. Currently state agencies are required to submit their schedules for recertification every three years. The amended rules would increase that time period to five years. Commissioner Carr moved to approve. Commissioner Holt seconded. Motion passed.

21. Authorization to propose amendments to 13 TAC §7.125 (a)(10), regarding local government records retention schedules: EL (Records of Elections and Voter Registration).

Craig Kelso requested authorization to propose amendments to 13 TAC §7.125(a)(10), regarding local government records retention schedule EL (Records of Elections and Voter Registration) in response to changes made during the 82^nd Legislature. Commissioner Carr moved to approve. Commissioner Pickett seconded. Motion passed.

22. Report on agency financial information.

Donna Osborne presented a report on agency financial information. No action required or taken.

There being no further business before the commission, Chairman Waters adjourned the meeting at 2:30 p.m.