Rule 16-185.1.4 - Waivers. A library system may submit a written request to the Executive Director for consideration of a waiver by the Board of Commissioners in the event the library system is deemed ineligible due to failure to comply with one or more of the maintenance of effort (MOE) requirements. MOE waivers are only granted by the Board of Commissioners under extraordinary circumstances. The decision of the Board regarding a waiver is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent or not supported by substantial evidence.
A. Educational Requirement. 1. Interim Director - The Board may grant a one (1) year waiver to enable a library system administrative board of trustees to employ an interim (temporary) director with at least a bachelor's degree or five (5) years of library experience. Concurrently, the library system board of trustees shall undertake, in accordance with a written action plan, an active search for a qualified permanent director or a provisional director. At its discretion and only under extraordinary circumstances, the Board may allow a six (6) month extension of the waiver. Compliance with all reporting requirements for the duration of the waiver is mandatory. For an extension to be considered, library system trustees must make a request in writing and provide supporting documentation of a good-faith, but unsuccessful active search.
2. Provisional Director - The Board may grant a three (3) year waiver to a library system administrative board of trustees when an uncredentialed provisional director is hired provided the individual agrees to, immediately pursue and actively obtain a master's degree in library science from a school accredited by the American Library Association within the three (3) year waiver period. The provisional director must maintain a 3.0 GPA and successfully complete nine (9) hours of applicable credit each year. Compliance with all reporting requirements for the duration of the waiver is mandatory.B. Financial Maintenance of Effort Requirement. The Board of Commissioners may grant a waiver if the library system is able to show just cause for having failed to maintain the required level of local income. The Board will not grant a waiver of the maintenance of effort requirement in any case if the library system has not submitted to the Library Commission a copy of an appropriate audit of financial status for the most recently completed fiscal year.16 Miss. Code. R. 185.1.4
Mississippi Code of 1972, Annotated § 39-3-107 (Rev. 1988)