The University Librarians Advisory Council (ULAC)

University of North Carolina

Minutes

May 10, 2001, 2:00 to 5:30 PM and May 11, 200, 10:00 AM to 2:00 PM

Held at the University of North Carolina at Chapel Hill

Chapel Hill, NC

Present:

Appalachian State University - Mary Reichel

Elizabeth City State University - Patricia Hines

Elizabeth City State University - Rebecca Ware

Fayetteville State University - Bobby Wynn

North Carolina A & T University - Waltrene Canada

North Carolina Central University - George Grant

North Carolina School of the Arts - Vicky Montle

North Carolina State University - Susan Nutter

UNC Asheville - Jim Kuhlman

UNC Chapel Hill - Joe Hewitt

UNC Charlotte - Tia Gozzi

UNC Greensboro - Doris Hulbert

UNC Pembroke - Elinor Foster

UNC Wilmington - Sherman Hayes

Winston Salem State University - Mae Rodney

Office of the President - Betsy Brown

Office of the President - Bill Kirwan

Guest - Peggy Hoon (NCSU)

Guest - Leslie Winner, Office of the President

Not Present:

Western Carolina University

East Carolina University

1. The May 10^th session involved brief presentations by selected members with extensive open discussions afterwards. The Discussion Topics were: 1) Children's Internet Safety Act 2) Merging Library Services with ITC 3) Virtual Reference 4) Computer Usage by Community Patrons 4) Global Resources and International Studies Collections 5) Budget Issues and Strategies.

2. Waltrene Canada, Chair of ULAC, opened the May 11^th meeting and distributed copies of the agenda (which had also been distributed via email earlier). Minutes from the previous meeting were accepted with corrections. (Spelling of UCITA)

3. Committee Updates

Motion: That the new ULAC, University of North Carolina, Cooperative Direct Borrowing Agreement be passed as edited and written below. Motion passed. The agreement is to be effective June 1, 2001. The Council thanked the Cooperative Issues Committee and the many other librarians who worked so hard on this new level of cooperative borrowing.

ULAC

University of North Carolina

Cooperative Direct Borrowing Agreement

June 1, 2001 - May 31, 2002

This COOPERATIVE DIRECT BORROWING AGREEMENT brings together the participating libraries of the constituent institutions of the University of North Carolina in a cooperative direct borrowing program that constitutes one aspect of a policy of broad sharing of library resources. The following procedures constitute a pilot program to be reviewed one year after its formal adoption by the University Librarians Advisory Council.

PERSONS ELIGIBLE AND REGISTRATION PROCEDURES

Eligible participants in this program include faculty, students and staff who can be identified in their home library's patron database. To facilitate this identification, a UNC Patron Authentication web page has been created. It is currently located at http://www.lib.ncsu.edu/ads/unc/ . It is the responsibility of the home library to maintain on the UNC Patron Authentication page current information about the classes and statuses of individuals who can borrow library materials under this agreement. It is the responsibility of distance education students to ensure that they are registered in their home library's patron database.

Once it has been determined that a patron is eligible to borrow library materials under this agreement, the lending library is responsible for registering the borrower in its own database as a ULAC Cooperative Borrower. Policies governing the ULAC Cooperative Borrower class are to be determined by the lending library. Patrons must present a photo ID at registration and checkout to allow patron identification.

LIBRARY PRIVILEGES

Privileges shall include book stack access and home-use borrowing. All materials borrowed under this agreement shall be subject to the ULAC Cooperative Borrower patron class guidelines of the lending library. All loan procedures and all charges assessed the cooperative user for overdue books, lost books, or damaged materials shall, likewise, be based on the policies of the lending library.

The lending library reserves the right to refuse borrowing or building-use privileges to any individual who violates the regulations of that library. Any library may deny cooperative borrowing privileges to any prospective borrower who is delinquent at his or her home library or in any of the cooperating libraries.

COOPERATIVE MEMBER RESPONSIBILITIES

The lending library is responsible for collecting fines from delinquent patrons. If all reasonable attempts to retrieve library materials from patrons are unsuccessful, the home library will reimburse the lending library or provide a replacement copy of the material. The lending library shall set policies regarding the collection of delinquent fines and reimbursement. These policies should be posted by the lending library on its Patron Authentication page.

Adopted May, 11, 2001 Effective June 1, 2001

4. Consortia Purchasing Update - Bill Kirwan reviewed some recent billing procedures and described a few potential products for consortia purchase.

5. Presentation - Leslie Winner, Vice-President for Legal Affairs, Office of the President, UNC, gave a report on the fines and forfeiture litigation now in court. This litigation includes the University System and has implications for parking fines and library fines. There was lively discussion about the fine points of the case and implications for libraries whatever its outcome.

6. Presentation - Peggy Hoon, NCSU Libraries, presented a discussion on a proposal to the UNC Office of the President related to a system wide strategy on UCITA. After extensive discussion, the Council passed the following motion:

Motion: The attached proposal for a UNC Task Force on the Uniform Computer Information Transactions Act (UCITA) will be forwarded from the Council to President Broad.

University Advisory Council

UCITA PROPOSAL

To: Office of the President

University of North Carolina

From: University Library Advisory Council

University of North Carolina

Date:

RE: Proposal for a University of North Carolina System Task Force on the

Uniform Computer Information Transactions Act (UCITA)

Proposed

That the University of North Carolina's Office of the President establish a UNC System Advisory Group on the Uniform Computer Information Transactions Act (UCITA).

Background

The Uniform Computer Information Transactions Act (UCITA) is a proposed state contract law designed to standardize the law regarding the licensing of software and all other forms of digital information. UCITA would have dramatic and adverse effect on all facets of the research, education, and library enterprise that reply upon software and information to create and disseminate knowledge.

Charge

The teaching, research, and service missions of the constituent institutions of the University of North Carolina depend heavily upon all forms of digital information, including software, Web resources, electronic resources, and computer information of all kinds. UCITA changes the current legal environment for use of digital information in ways that raise serious issues of quality, control, accessibility, security, and liability. In the interests of promoting and protecting the needs of higher education in North Carolina, the UNC system must actively assess and monitor any activity to promote UCITA in this state.

The UNC System Advisory Group on UCITA should meet as necessary to achieve the following goals:

1) Evaluate UCITA and its potential impact on the University of North Carolina system and on higher education in the state;

2) Review UCITA activity in other states;

3) Submit a report to the President of the University of North Carolina that: a) recommends the UNC system's position on UCITA; b) recommends steps, including resources needed, to implement the UNC system's position on UCITA.

Proposed Membership

Number of members:

· One representative from each of the 16 constituent institutions, with the exception of two each from NCSU and UNC-Chapel Hill

· Two representatives from UNC-General Administration, including an attorney and the Vice-President for Public Affairs.

Type of representation:

· Librarians

· University counsel staff

· Information technology staff

· Technology transfer staff

· Research administration staff

· Distance learning staff

· Faculty members, especially those with ties to distance learning, extension, or scholarly communication

Time Frame

Given the potentially rapid pace of UCITA, once introduced, the UNC System Advisory Group on UCITA should attempt to achieve its goals as soon as possible and no later than September 1, 2001.

7. Susan Nutter distributed the NC LIVE interim memorandum of understanding and background on depreciation of collections.

8. The nominating committee (Tia Gozzi, Jim Kuhlman and Bobby Wynn) presented the slate of officers for next year.

Motion: ULAC elects the following people as officers for 2001/2002. Chair: Jim Kuhlman, Vice-Chair: Mae Rodney, and Secretary: Elinor Foster.

9. ULAC passed a unanimous motion of appreciation for the outstanding service

provided by Waltrene Canada as Chair of the Council.