Chairman Wong called the meeting to order at 8:04 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 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.  She noted that four commissioners are present in person, and two, Commissioners Garza and Tegeler joined via videoconference. Chairman Wong said the meeting was posted on the Texas Register on July 29, 2021, 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. 

Roll Call for members and establishment of a quorum. 

Chairman Wong conducted a roll call vote and established that a quorum was present. 

Minutes of June 4, 2021 Commission meeting.

Commissioner Tocker moved approval of the June 4, 2021 commission meeting minutes and Vice Chair Givens seconded. Motion passed unanimously. 

Public Comment.

Shirley Robinson presented a resolution from the Texas Library Association to Mark Smith on the event of his upcoming retirement on August 31, 2021. 

Presentation of commemorative resolutions for Larry Holt, Dee Riley, Russlene Waukechon, Todd Rusch, and David Ray. 

Mark Smith said that Commissioner Holt will attend the November commission meeting for his resolution. Craig Kelso presented a resolution for Dee Riley who served for 35 years at the State Records Center. Jennifer Peters presented a resolution to Russlene Waukechon who served in the Library Development and Networking Division for 19 years and Sarah Jacobson presented a resolution to Todd Rusch who served in the Talking Book Program for 23 years. David Ray was not present at the meeting.

Conflict of Interest Disclosures. No conflicts were disclosed by the commissioners.

Appointment to Texas State Library and Archives Commission Archives and Records Committee. 

Chairman Wong said the commission would discuss this item at the next commission meeting. 

Review and approve acceptance of gifts and grants.

Sarah Jacobson requested approval for a gift of $45,390 to the Talking Book Program from the estate of Dr. Betty Jane Barr. She said that Dr. Barr’s gift is intended to provide a legacy so that others can use the Talking Book Program which made a significant difference in her life. Vice Chair Givens moved to accept the gift and Commissioner Mann seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Review and approve contracts, contract renewals and amendments.

Jennifer Peters requested approval for contract with Middle Country Public Library for the Family Place library program in an amount not to exceed $159,000 for the upcoming fiscal year 2022. Commissioner Tocker moved to approve the contract and Commissioner Mann seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Ms. Peters requested approval to renew a contract for the TExpress Courier Service program with Amigos Library Services in the amount not to exceed $257,375 for the upcoming fiscal year 2022. Vice Chair Givens moved to approve the contract and Commissioner Tocker seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Ms. Peters requested approval to renew a contract with Education Service Center 20 to provide technical assistance, training and resources for the TexQuest program in the amount of $363,197.85 for the coming fiscal year 2022. Commissioner Tocker moved to approve the renewal and Vice Chair Givens seconded. Chairman Wong asked for a show of hands in favor of the contract renewal and the motion passed unanimously.

Ms. Peters requested approval for a contract with Tel Logic (DBA E-Rate Central) to assist libraries in negotiating services for their broadband internet services in an amount not to exceed $214,000 per year in a two-year contract. Commissioner Mann moved to approve the request and Commissioner Tocker seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Ms. Peters requested approval to extend a contract with the Digital Public Library of America (DPLA) Cultural Services for the purchase of e-books and audiobooks in the amount not to exceed $500,000 for the upcoming fiscal year 2022. Commissioner Tocker moved to approve the request and Vice Chair Givens seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Ms. Peters requested approval for a contract with a qualified vendor for a data collection tool for the annual public library data collection survey in an amount not to exceed $150,000. Commissioner Tocker moved to approve the request and Commissioner Mann seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Ms. Peters requested approval to renew the Heritage Quest genealogy database for public libraries in the amount of $378,750 for the coming fiscal year 2022.  Commissioner Tocker moved to approve the request and Vice Chair Givens seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Ms. Peters requested approval to pay for access fees for TSLAC-owned materials in the TexShare electronic resources library in the amount of $29,449. These include access to Sanborn Maps, 20th Century American Poetry and 20th Century English Poetry. Vice Chair Givens moved to approve the request and Commissioner Mann seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Jelain Chubb requested approval to renew a contract with Preservica for the upcoming fiscal year 2022 in the amount not to exceed $120,000 for the agency’s archival electronic records storage and management. Commissioner Mann moved to approve the request and Commissioner Tocker seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Donna Osborne requested approval for noncompetitive, standard annual contract renewals as follows: 

•    $430,640 data center services contract with the Department of Information Resources;
•    $6,000 for the agency’s Employee Assistance Program with Alliance Work Partners;
•    $434,200 with the Texas Facilities Commission for facilities management at the Shoal Creek and Promontory Point locations in Austin;
•    $126,000 with the agency for records center services;
•    $30,000 with Workquest for mowing at the Sam Houston Center and $10,000 for records destruction;
•    $79,824.67 with SIRSI Corporation for the agency’s electronic cataloging system;
•    $53,905 with Data Management, Inc. for the WebREADS software subscription;
•    $78,776 with Enfold Systems for the Ploud annual subscription for library websites for small rural libraries;
•    $101,795 for auditing services with Weaver.

Commissioner Mann moved to approve all the noncompetitive, standard annual contract renewals and Vice Chair Givens seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Report of the Libraries and Talking Book Committee.

Commissioner Tocker reported that the Libraries and Talking Book Committee met on August 2 in response to the commission’s charge to the committee to review and consider a report prepared by TSLAC staff that states what materials are restricted and what are not in the TexQuest online information resources. 

Vice Chair Givens complimented the staff on the report particularly delineating the five separate levels of curation and control as set forth in the report. These levels are curation, vendor’s internal filters, school district filters, configurable access, and TSLAC staff intervention. 

After discussion, Vice Chair Givens moved to approve the report and Commissioner Mann seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously. Chair Wong noted that the report will be posted on the agency website and that staff will notify legislators of the report with a cover memo or letter that includes the five areas of control. 

Report of the Audit Committee.

Vice Chair Givens reported that the Audit Committee met on August 3 and reviewed the status report of follow-up audits and the upcoming audit plan for FY22. Because audits are so important, he invited Daniel Graves to present Weaver’s findings. Mr. Graves said the highlight of the audit report is the progress that management has made in the remediation activities for the open findings that dated back to 2016. All the findings from 2016, 2017, 2018 and 2019 have been remediated or closed. He also presented the 2022 internal audit plan for commission approval.

Vice Chair Givens said the committee covered the reports extensively in the committee. Commissioner Tocker said he appreciated the continuity that the auditing firm and the commission worked to close the past audit findings. 

Vice Chair Givens moved to approve the FY22 Audit Plan as laid out to the committee and commission. Commissioners Tocker and Mann seconded the motion. Mr. Graves said the two areas for auditing in FY22 are procurement and Information Technology Services. He said the plan also includes follow-up procedures on open findings for archival holdings and research materials, contract management, information resources technology, and preservation.

Chair Wong said she also appreciated the auditors’ following up with past open audit findings and thanked Vice Chair Givens for the committee’s work. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Report on 87th Legislative Session changes affecting commission roles and responsibilities. 

Sarah Swanson presented a list of bills affecting commission roles and responsibilities and said that at the November commission meeting she would provide a more detailed and in-depth presentation.

Chairman Wong recessed the meeting at this point with the time at 10:01 a.m. and called the meeting back to order at 10:11 a.m.
 

Report of the Director and Librarian.

In addition to a written report, Mark Smith updated the commission on several projects, and noting that this is his last commission meeting before his retirement August 31, thanked the commission for allowing him to serve in the position since 2013. He noted for the record that his first day on the job was a commission meeting on November 1, 2013 and that Dee Riley was present for that meeting to be honored as an Employee of the Quarter and that at today’s meeting she is present to be honored as a retiree. He said he believes during his eight years as Director that the agency has made progress in a number of areas and although more work needs to be done to bring those projects to the finish line, he believes the commission and agency are well-positioned to move forward. He thanked Chairman Wong for her leadership and the commissioners for their support. He said he and agency staff believe the work of the commission is very important and he appreciates that the commission does also. Chairman Wong said she was not on the commission when Director Smith came on board but knows that his leadership has moved the agency forward greatly in his eight years as Director and Librarian.  

Responding to a question from Chairman Wong, Director Smith noted that the fencing at the State Records Center is in progress and that the Department of Public Safety in their security audit of the property approved the fencing project and expressed surprise that the property had been unsecured for so long. No action required on this agenda item.

Approval of annual FY 2022 competitive grant awards and amendments.

Jennifer Peters requested approval for the following Special Projects grants:

Applicant Organization    Amount of Award

Jeff Davis County Library    $25,000.00
Pottsboro Area Public Library    $24,948.00
Tom Green County Library System    $74,565.00
Dallas Public Library    $74,934.00
University of North Texas    $74,516.00
Austin Public Library    $25,000.00
Irving Public Library    $51,681.00
DeSoto Public Library    $1,615.00
Midland County Public Library    $55,048.00
Southlake Public Library    $42,292.00
El Paso Public Library    $74,879.00
Sergeant Fernando de la Rosa Memorial Library    $19,554.00
Converse Public Library    $64,450.00
Honey Grove Library & Learning Center    $7,400.00
Arlington Public Library System    $15,042.00

Commissioner Mann moved to approve the grants and Commissioner Tocker seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.
 
Ms. Peters requested approval for the following Texas Reads Grants: 

Applicant Organization    Grant Award
 
Marathon Public Library    $10,000.00
Flower Mound Public Library    $6,641.00
Balch Springs Library - Learning Center    $10,000.00
McAllen Public Library    $10,000.00
Bedford Public Library    $10,000.00
Weatherford Public Library    $6,333.00
Waco-McLennan County Library    $7,010.00
Dustin Michael Sekula Memorial Library    $10,000.00
Brownsville Public Library    $9,850.00
Arlington Public Library System    $10,000.00
Hughes Springs Area Public Library    $10,000.00
Eagle Pass Public Library    $3,000.00
Cleburne Public Library    $9,500.00
El Paso Public Library    $8,000.00
Dublin Public Library    $10,000.00

Commissioner Tocker moved to approve the grants and Vice Chair Givens seconded the motion. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Jennifer Peters requested approval for the following TexTreasures Grants:

Applicant Organization    Grant Award

Southern Methodist University    $25,000.00
Texas A&M University Corpus Christi    $25,000.00
Rosenberg Library    $24,874.00
Denton Public Library    $24,820.00
University of Texas at Arlington    $24,909.00
Cooke County Library    $25,000.00
University of North Texas    $24,914.00
Cleburne Public Library    $24,820.00
Allen Public Library    $24,820.00
Houston Community College    $24,983.00
Prairie View A&M University    $18,342.00

Commissioner Mann moved to approve the grants and Vice Chair Givens seconded the motion. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Ms. Peters requested approval for the Regional ILS grants as follows:

Applicant Organization    Grant Award

Abilene Library Consortium    $75,000 
Burleson Public Library    $75,000
 
Commissioner Tocker moved to approve the request and Commissioner Mann seconded.  Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Approval of appointments to the Library Systems Act Advisory Board.

Jennifer Peters requested approval to reappoint Jill Donegan to an additional three-year term on the Library Systems Act Advisory Board. Ms. Donegan is the Director of the Tom Green County Library System in San Angelo. Commissioner Mann moved to approve the appointment and Commissioner Tocker seconded the motion.  Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Approval of appointments to the TexShare Advisory Board.

Jennifer Peters requested approval to reappoint Federico Salas-Isnardi and Mikail McIntosh-Doty, each to a second three-year term on the TexShare Advisory Board. Mr. Salas-Isnardi works in the Mayor's Office for Adult Literacy in Houston and has been a public member of the board. MS. McIntosh-Doty is the Director of Library Services at Concordia University Texas and is currently the chair of the TexShare board. Commissioner Tocker moved to approve the appointments and Commissioner Mann seconded the motion. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Authorization to post in the Texas Register proposal of amendments to 13 TAC §2.12, Sick Leave Pool, and new §2.13, State Employee Family Leave Pool.

Sarah Swanson requested authorization to post in the Texas Register proposal of amendments to 13 TAC §2.21, Sick Leave Pool, and new §2.13, State Employee Family Leave Pool, for the purpose of receiving public comment. She said the intent is to bring this item back to the commission at the November 5 meeting for further action. Commissioner Tocker moved to approve the request and Vice Chair Givens seconded. Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Authorization to post in the Texas Register adoption of the following amendments, repeals, and new rules in 13 TAC Chapter 7, Subchapter C (Standards and Procedures for Management of Electronic Records):

•    Amendments to 13 TAC §7.71, Definition; §7.72, General; §7.75, Security of Electronic Records; §7.76, Maintenance of Electronic Records Storage Media; and §7.78, Destruction of Electronic Records;

•    Repeal of 13 TAC §7.73, Creation and use of Data Files; §7.74, Creation and Use of Text Documents; §7.77, Retention of Electronic Records; and §7.79, Public Access to Electronic Records; and

•    New 13 TAC §7.73, Policies and Procedures; §7.74, Minimum Requirements for all Electronic Local Government Records; and §7.77, Minimum Requirements for all Electronic Records Systems.

Craig Kelso requested authorization to post in the Texas Register adoption amendments, repeals, and new rules in 13 TAC Chapter 7, Subchapter C (Standards and Procedures for Management of Electronic Records) noting that these were published in the April 30, 2021, Texas Register and that comments were received from two interested parties. He said staff reviewed the comments and did make changes based on those comments. Commissioner Mann moved to approve the request and Commissioner Tocker seconded.  Chairman Wong asked for a show of hands in favor and the motion passed unanimously.

Report on agency expenditures summary.

Donna Osborne presented a written report on agency expenditures and responded to questions from the commission. No action required. 

Executive Session under the Open Meetings Act, Government Code, Chapter 551

•    §551.076 and §551.089, Deliberation Regarding Security Device or Security Audits: Facilities and Information Technology Security Update
•    §551.074 Personnel Matters: Deliberate on the search for an appointment of a Director and Librarian
•    §551.071 Consultation with and advice from legal counsel regarding any item on this agenda

At 11:10 a.m.  Chairman Wong called the commission into executive session and at 12:36 p.m. reconvened into open session. She reported that no actions were taken arising from the executive session.

Adjournment.

Commissioner Mann moved to adjourn the meeting and Commissioner Tocker seconded. The motion to adjourn passed unanimously and Chairman Wong adjourned the meeting 12:37 p.m.