[LIBRARYDIR] AAG report on disposition of library discards

[Simmons, Rand]

The advice we got for our AAG was similar. We go to DES and asked them to give us the same exemption from these rules we have previously from the State Office of Procurement. Rand

Rand Simmons, Ph.D., State Librarian
Library Division | Office of the Secretary of State
(360) 570-5585 desk phone | (360) 792-0256 cell new | (360) 586-7575 fax
rand.simmons at sos.wa.gov<mailto:rsimmons at secstate.wa.gov>

Washington State Library: Empowering 21st Century Washington

From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Palo, Eric
Sent: Wednesday, March 18, 2015 4:13 PM
To: an open discussion list for WA CTC Library Directors
Subject: Re: [LIBRARYDIR] AAG report on disposition of library discards

Thank you Sue for getting the definitive answer on how we can, or rather, can't conduct on-campus sales of discarded library books, or sell to Better World Books, or give them away, without first publishing the availability for schools in our local newspapers.

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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 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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