Library policy under a microscope

POST FALLS — Two motions to amend draft language for a material selection policy were shot down Monday during a special meeting of the Community Library Network Board of Trustees.

In an ongoing discussion about library content review, Community Library Network staff recommended to the board that once an item has been evaluated for reconsideration — reviewed at the request of a patron expressing concern about the content — that item would not be subject to another evaluation for three years.

The current policy has no time element, meaning an item that is appealed to the board could be immediately appealed again. Each request requires countless hours from multiple staff members who conduct extensive research.

“Because this is a fairly time-intensive process, it does use a lot of resources, we did feel like if an item has been evaluated for reconsideration that then there should be a distance of time before that same exact title would be reviewed again,” said Community Library Network Director Amy Rodda, who last week announced she is resigning from the position, effective Nov. 21. “As a reminder, we have 200,000 items in our collection."

Trustee Rachelle Ottosen moved to strike the three-year window from the language, citing legal concerns.

"It seems to be violating someone's rights," Ottosen said. "If it's a separate person, they have free speech rights as well and have a right to petition the government, and that would be thwarting the right to petition the government and use our free speech."

It was confirmed by Rodda that findings from an appeal can be shared if an individual appeals an item that was recently evaluated.

"Any public documents could be sent to that patron," she said.

Board Clerk Regina McCrea said she was not in favor of removing the language regarding the time window, but understood Ottosen's point.

"I'm open to finessing it in some other manner, but not just wholesale removing the sentence because of the concerns that have been mentioned," McCrea said. "There has to be a balance between letting someone challenge the book, but because it already went through a challenge and the decision was to retain it, we're not going to do a full-blown challenge process again, but the grievance should be accepted and kept on file or something."

Vice Chair Judy Meyer said while she didn't want to fully remove the timeframe, it could be possible to shorten it.

Ottosen cast the sole vote in favor of removing the addition of a time element. Meyer, McCrea and Chair Katie Blank voted against removing it. Trustee Vanessa Robinson abstained.

The discussion moved to First Amendment protections and content appropriate for minors. Ottosen moved to insert "notwithstanding Idaho Code 18-1517(d)" into the draft policy.

This statute reads: "In any prosecution for disseminating material harmful to minors, it is an affirmative defense that: The defendant was a bona fide school, college, university, museum or public library, or was acting in his capacity as an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization."

Ottosen said without this addition, the rest of that portion of the policy would "be construed to really mean nothing because the exemption of 18-1517(d) is the exemption for libraries and schools to disseminate whatever, that they have no liability and they can disseminate anything."

She said by including this, it means the network will comply with Idaho Code.

"It doesn't change what the law says, so we wouldn't be legally liable or not, but we would be liable as a library system to uphold these other codes," Ottosen said. "The purpose is to make sure it actually says something, because I ran this by a lawyer that I know and was told that this is so vague it really means nothing."

McCrea said the whole purpose of adding that section was to indicate that these materials would not be in the network's collection.

"These laws are applicable, whether the policy specifically refers to them or not," McCrea said. "Why would we reference an affirmative defense in the criminal code for someone who's being charged with a crime? It just doesn't fit, it doesn't fit and I don't think it makes sense in the context of this paragraph."

Blank said to add that piece might also undermine the staff, referencing the criminalization of library employees for materials within the library.

"I'm not sure that is what we want a policy to do," she said.

McCrea said regarding Idaho's open meeting laws, she wanted to know the attorney with which Ottosen shared the draft policy.

"Actually, it was three different attorneys," Ottosen said.

"Let's hear them," McCrea said. "If it's information that you were using to which you plan to vote accordingly, then this board is entitled to have that information. That's the whole point of transparency in government. Our board attorney has given us advice. If you would rather ignore the advice of our board attorney, which is Katie Brereton of Lake City Law, because you ran it by three other attorneys, then let's have the names of those three other attorneys, please."

Ottosen said it was not official advice, to which McCrea reiterated transparency in government calls for the names of those attorneys.

"I don't know if I intend on voting that way. I'm bringing it up for discussion," said Ottosen, who did not disclose the names.

Rodda weighed in that policy should be clear for staff members to follow.

"When we add certain language, things like 'notwithstanding,' legal language, so this is supposed to be policy language, we're muddying the waters," she said. "That makes things more difficult for staff. It's not helping them do their jobs. It's actually making things really muddy and it has the potential to immobilize."

Ottosen was again the only one to vote in favor when the motion went to a vote. Robinson, Meyer and McCrea voted against it.

The Community Library Network material selection policy will be reviewed by the board's attorney before it is finalized.

The board will continue the discussion during a special meeting from 2-4 p.m. Nov. 4.