[LIBRARYDIR] AAG report on disposition of library discards

Thu Mar 19 12:13:15 PDT 2015

Stan:

Here is how we decide.  If the item no longer has value, it is trash and goes into the recycling bin or the garbage, whichever is appropriate.  If we decide that it has value, it is still state property and those rules apply.

Since I make the decision if a discard has value, my default is that it does not -- because the surplus process is just too cumbersome.  Our recycler takes books with covers on, so that is where they all go.  I pull disks and wire or plastic bindings out and put those pieces in the trash.  VHS and DVD go into the trash.

The 1/10 of 1% that I think have some value go into storage and some day there might be enough to sell or offer them to others.  More likely they will get to be so old that no one would want them.

None of this applies to gift books, which technically are given to the campus foundation.  I review the items and only those that I add to the collection become state property.  The foundation has delegated to me the authority to dispose of the other gifts as I want, including selling them.

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Eric Palo                                   epalo at rtc.edu<mailto:epalo at rtc.edu>
Library Director
Renton Technical College
Renton, Wa  98056               (425) 235-2331

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From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Horton, Stan
Sent: Thursday, March 19, 2015 10:28 AM
To: an open discussion list for WA CTC Library Directors
Subject: Re: [LIBRARYDIR] AAG report on disposition of library discards

And I still have to ask: is there a difference between "surplus" and "trash" (or "waste") that would be relevant here.  I'm talking about two different categories of goods, which could and would fall into two completely different sets of laws.  The fair market value issue Mindy raises is absolutely relevant to this distinction, since the word "surplus" indicates we just don't need it any more for our purposes, as opposed to its having no value to anyone anymore.

Stan

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Mindy Coslor
Sent: Thursday, March 19, 2015 10:24 AM
To: an open discussion list for WA CTC Library Directors
Subject: Re: [LIBRARYDIR] AAG report on disposition of library discards

Hi Sue,

Thanks for contacting the AG's office.  I wonder if there are recommendations on how we determine "fair market value."  I would say the books have no market value at all.  Also, does this apply to the books we recycle?

Mindy

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Sue Kennedy
Sent: Wednesday, March 18, 2015 3:54 PM
To: librarydir at lists.ctc.edu<mailto:librarydir at lists.ctc.edu>
Subject: [LIBRARYDIR] AAG report on disposition of library discards

A couple of weeks ago there was a conversation on the listserv about what the laws and policies are around discards.  I forwarded the inquiry to Dave Stolier, head of the Higher Education division of the AG's office. He responded with the following:

Hi, Sue.

Here is the lay of the land for higher education institutions to dispose of surplus books and library other materials.   Disposition of surplus state property is generally governed by the Department of Enterprise Services (DES) under RCW 43.19.1919.   At the same time, under RCW 28B.50.090(13) the State Board has authority to authorize sale or disposition of property for the system.   Historically, we have recommended that a college seek State Board authorization before disposing of books.   However, there is a relatively newer and more specific statute that grants the individual colleges authority to independently exercise purchasing and disposition authority.  See RCW 28B.10.029.    This likely means that there is no need to go to the State Board.

Most importantly, there is a  less well-known law in the K-12 code that picks up the higher education institutions as "other state agencies concerned with education."  It requires certain procedures take place prior to disposing of books or other materials. It says, in pertinent part,

RCW 28A.335.180.  (1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local governmental agency concerned with education, when declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district or private school in Washington state annually requesting such a notice, that the same is available for sale, rent, or lease to public school districts or approved private schools, at depreciated cost or fair market value, whichever is greater . . .  .  Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental agency for at least thirty days following publication of notice in a newspaper of general circulation in the school district.

In summary, the individual colleges may exercise the surplus disposition authority without going through DES.  However, the institutions must follow RCW 28A.335.180 and give the notice to local school districts in a newspaper of general circulation.   After 30 days if no school wants to purchase the items described in the notice, you should be able to dispose of them as you wish.

- - -
Sue Kennedy, Dean
Library | eLearning
Centralia College

Twitter: @SueWKennedy
(360) 736-9391 x304

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