Texas State Library and Archives Commission
November 9, 2020
The Texas State Library and Archives Commission met on Monday, November 9, 2020 via telephone and videoconference.
Martha Wong, Chair
Larry G. Holt, Vice Chair
David C. Garza
F. Lynwood Givens
Arthur T. Mann
Bradley S. Tegeler
Mark Smith, Director and Librarian
Gloria Meraz, Assistant State Librarian
Donna Osborne, Chief Operations and Fiscal Officer
Sarah Swanson, General Counsel
Jelain Chubb, Director, Archives and Information Services
Craig Kelso, Director, State and Local Records Management
Jennifer Peters, Director, Library Development and Networking
Sarah Jacobson, Director, Talking Book Program
Michael Ford, Director, Information Technology Services
Tracy Kuhn Lash, Executive Assistant
Susan Floyd, Communications Officer
Danielle Plumer, Statewide Resource Sharing Coordinator, LDN
Erica McCormick, Program Coordinator, LDN
Bethany Wilson, Grants Administrator, LDN
Liz Philippi, School Program Coordinator, LDN
Karen McElfresh, Resource Sharing Projects Coordinator, LDN
Jaclyn Owusu, Public Awareness Coordinator, TBP
Rebekah Manley, Coordinator, Texas Center for the Book
Daniel Graves, Weaver
Matt Milam, Weaver
Gretchen Pruett, New Braunfels Public Library
Wendy Woodland, Texas Library Association
Claire Stieg, Legislative Budget Board
Melissa Juarez, Office of the Attorney General
- Welcome and introductions.
Chairman Wong called the meeting to order at 8:30 a.m., welcomed everyone and stated that the meeting was being conducted via videoconference pursuant to the Governor's March 13, 2020 proclamation of a state of disaster affecting all counties in Texas due to the Coronavirus (COVID-19) and the Governor’s March 16, 2020 suspension of certain provisions of the Texas Open Meetings Act to slow the spread of the coronavirus. Chairman Wong said the meeting was posted on the Texas Register on October 30, 2020, and that notice indicated the meeting would be conducted via videoconference providing a weblink and phone number for the public to use to access, listen and participate in the meeting. She said that all commissioners would leave their video on during the meeting but mute their audio when they are not speaking. Staff will only share video and audio when making a presentation or participating in a discussion. She said that all attendees will be muted unless specifically unmuted for public comment.
Roll Call for members and establishment of a quorum.
Chairman Wong took a roll call of commissioners and established that a quorum was present.
Minutes of August 3, 2020 Commission meeting.
Commissioner Givens moved to approve the minutes of the August 3, 2020 commission meeting and Commissioner Tocker seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Minutes of September 9, 2020 Commission Meeting.
Commissioner Givens moved to approve the minutes of the September 9, 2020 commission meeting and Vice Chair Holt seconded. Chairman Wong took a roll call vote and the motion passed unanimously.
Public Comment. Gretchen Pruett said she has served on the board of the TexShare Advisory Board for two terms and is currently TLA’s Legislative Chair but offered comment at this meeting as the New Braunfels Public Library Director and advocated support for agenda items 11 and 12. She said every library in Texas has a collection development policy which is necessary unless a library has the unlimited funds to purchase every single book published. Therefore, she said libraries must limit their collection scope and with a collection policy can communicate to the public what they will and will not collect. She said even the Library of Congress has a collection development policy.
Conflict of Interest Disclosures. No conflicts were disclosed by the commissioners.
Audit annual report for 2020 and accept Internal Audit Report Over Public Information Access requests.
Daniel Graves presented an internal audit report on the agency’s Public Information Act requests and stated that the agency received a strong rating although there were some inconsistencies in the log dates. Mr. Graves also presented a status report of internal audits his firm is currently conducting and the Annual Internal Audit Annual Report for 2020 for approval. Once approved the report is posted to the agency website and sent to the Governor’s Office, the Legislative Budget Board and the State Auditor’s Office. Responding to a question from Vice Chair Holt, Sarah Swanson reported on the contract terms and expenditures for the internal auditor. The committee discussed the upcoming audit of the security of archival holdings and the agency’s work on a comprehensive security plan as well as the impact of the coronavirus on the auditing schedule which Mr. Graves said should be completed on time. Commissioner Tocker moved to approve the Internal Audit Annual Report for 2020 and the Internal Audit Report over Public Information Act requests. Commissioner Tegeler seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
At 9:29 a.m. Chairman Wong called the commission into Executive Session under provisions of the Open Meetings Act. At 10:34 a.m., the commission returned to open session, took a five-minute break and resumed at 10:40 a.m. Chairman Wong stated that no action was taken in the closed session. Following the closed session there were no actions that required commission action.
Review and approve contracts, contract renewals, and amendments.
Jennifer Peters requested approval to renew a contract with the American Chemical Society not to exceed $1,508,482.73. Commissioner Givens moved to approve the contract and Commissioner Mann seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Craig Kelso requested approval for purchase and installation services for shelving at the Promontory Point Satellite Records Center not to exceed $1.2 million. Commissioner Givens suggested specifying in the bid that the shelving be of the type that could be increased in height by adding additional levels. Vice Chair Holt moved to approve and Commissioner Garza seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Jelain Chubb requested authorization to contract with the Texas Facilities Commission for HVAC system replacement at the Sam Houston Regional Library and Research Center at a cost not to exceed $750,000. Commissioner Mann moved to approve and Commissioner Tocker seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Report of the Libraries and Talking Books Committee meeting.
Commissioner Tocker reported that the commission’s Libraries and Talking Books Committee met on September 9, 2021 via videoconference and discussed and heard testimony of proposed collections policies for TexQuest and E-Read Texas. The committee agreed to refer the policy to the commission for adoption. Commissioner Tocker reported that the committee also discussed the impact of COVID-19 on public library accreditation. He said the committee recommended approval of a staff recommendation to amend rules allowing staff greater discretion in considering waivers when libraries face circumstances arising from natural disasters and other emergencies affecting accreditation. The committee also heard a report from the Talking Book Program director, he said. No action required.
Review and approval of proposed collection policy for TexQuest.
Jennifer Peters presented the proposed collection development policy for TexQuest. Commissioner Tocker moved to approve and Commissioner Mann seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Review and approval of proposed collection policy for E-Read Texas.
Jennifer Peters presented the proposed collection development policy for E-Read Texas. Commissioner Givens expressed concerns that the policy contains a number of references and links to outside entities and that he would prefer a stand-alone document for Texas without external references. Commissioner Garza said he has problems with any documents with many links to other documents or sites. After discussion, Commissioner Mann moved to approve the policy with the stipulation that references to other organizations be referenced with today’s date (November 9, 2020) and Commissioner Tocker seconded. Chairman Wong conducted a roll call vote with the motion passing 5-2 with Commissioners Garza and Givens voting against.
Review draft outline for TSLAC Security Plan.
Mark Smith presented a draft outline for an agency security plan and asked for input on whether staff were identifying the correct areas as they move forward. Commissioners asked questions about various security situations and also made suggestions for the draft outline. No action required.
Report of the Director and Librarian.
Mark Smith presented a written report on agency activities and also reported that the first hearing for the legislative budget cycle was held Friday, Nov. 5 during which he had three minutes to explain the agency’s Legislative Appropriations Request. During that time, he stressed the agency’s exceptional items, its need for records storage as well as the library item. He thanked Commissioner Tegeler for help arranging meetings with legislative staff to introduce the agency and the budget request. He also reported that the agency had completed all Sunset recommendations. He noted that the agency is on its eighth month of operating during the coronavirus pandemic and remains the only state agency-operated library that is open to the public as it has been since early May. No action required.
Review and approve Cycle 2 TSLAC CARES grants.
Jennifer Peters requested approval to fund 26 grants to public libraries totaling $559,229 for Cycle 2 federal Coronavirus Aid, Relief, and Economic Security (CARES) Act as follows:
Dustin Michael Sekula Memorial Library
The Library at Cedar Creek Lake
Sergeant Fernando de la Rosa Memorial Library
Seguin Public Library
South Texas College
Victoria Public Library
Houston Public Library
Driscoll Public Library
Texas A&M University Corpus Christi
Alpine Public Library
Brazoria County Library System
Rowlett Public Library
Smithville Public Library
Howard County Library
Claud H Gilmer Memorial Library
Lake Travis Community Library
Denton Public Library
Cedar Park Public Library
Jennie Trent Dew Library
Longview Public Library
Sammy Brown Library
Brownwood Public Library
Cooke County Library
Corpus Christi Public Libraries
Dickinson Public Library
$23,958She said public and academic libraries were eligible to apply for grant funding for up to $25,000 for a single library location and up to $50,000 for multi-branch libraries. Grants are to assist libraries addressing identified community needs arising from the COVID-19 emergency. Commissioner Mann moved approval and Commissioner Tegeler seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Review and approve Library Technology Academy Grants.
Jennifer Peters requested approval grants to 10 libraries for the agency’s Library Technology Academy, a training program to assist library staff in service populations under 30,000 to build technology management skills, understand their community’s digital inclusion needs, and think strategically about their library technology planning goals. Each grant amount is $10,000 and for the following libraries:
1. Honey Grove Library & Learning Center – Honey Grove, TX (pop: 1,712)
2. Centennial Memorial Library – Eastland, TX (pop: 3,919)
3. Melissa Public Library – Melissa, TX (pop: 10,199)
4. Coleman Public Library -- Coleman, TX (pop: 8,397)
5. Lake Dallas Library – Lake Dallas, TX (pop: 7,944)
6. Liberty Hill Public Library --Liberty Hill, TX (pop: 15,154)
7. Bay City Public Library – Bay City, TX (pop: 26,297)
8. Hughes Springs Area Public Library – Hughes Springs, TX (pop: 1,736)
9. Cockrell Hill Public Library – Cockrell Hill, TX (pop: 4,204)
10. Forest Hill Public Library – Forest Hill, TX (pop: 12,959)
Vice Chair Holt moved to approve and Commissioner Tegeler seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Correction to FY 2021 Competitive Grants.
Jennifer Peters requested approval to increase the total grant amount for TexTreasures awards approved by the commission on August 3, 2020. At that meeting, the commission awarded 14 TexTreasures Original awards totaling $334,412. She said staff reviewed the grant awards and determined that the indirect costs for two awards were not included in the amounts presented to and awarded by the Commission. The additional funds total $7,311 bringing the final total for 14 TexTreasures Original awards to $341,723. Commissioner Tegeler moved to approve the additional amount and Commissioner Garza seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Adoption of emergency rule, 13 TAC 1.87, regarding emergency waiver of accreditation criteria.
Jennifer Peters requested adoption of emergency rule, 13 TAC 1.87, which would authorize staff to waive one or more criteria for library accreditation in an accreditation year, thereby preventing loss of accreditation, if a library shows it was unable to meet that criteria for good cause. Ms. Peters stated that many public libraries will face loss of accreditation due to the impact of the coronavirus on their services. Commissioner Givens moved approval and Commissioner Mann seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Authorization to post in the Texas Register proposal of new rule, 13 TAC 1.87, regarding emergency waiver of accreditation criteria.
Jennifer Peters requested authorization to post in the Texas Register the proposal of new rule, 13 TAC 1.87, regarding emergency waiver of accreditation criteria. Commissioner Tocker moved to approve the request and Commissioner Givens seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Authorization to post in the Texas Register adoption of amendments to 13 TAC 2.116, Uniform Grant Management Standards and 2.119, Multiple Applications, and new rule 2.120, Applicant Eligibility.
Jennifer Peters requested approval to post in the Texas Register adoption of amendments to 13 TAC 2.116, Uniform Grant Management Standards and 2.119, Multiple Applications, and new rule 2.120, Applicant Eligibility. Commissioner Tegeler moved to approve and Commissioner Mann seconded. Chairman Wong conducted a roll call vote and the motion passed unanimously.
Report on agency expenditures summary.
Donna Osborne presented a report on agency expenditures. No action required.
Future Commission Meeting Dates.
The commission set Friday, February 19, 2021 and Friday, April 9, 2021 as its next two meetings. Chairman Wong said the commission would set other 2021 dates at a future meeting.
Commissioner Tegeler moved to adjourn the meeting and Commissioner Mann seconded. Chairman Wong conducted a roll call vote which was unanimous and adjourned the meeting at 1:10 p.m.