Proposed library policy removes intellectual freedom

POST FALLS — After much back-and-forth during a nearly three-and-a-half-hour special meeting peppered with point-of-order interruptions Thursday at the Post Falls Library, the Community Library Network’s board majority voted to approve a draft of an updated materials selection policy.

The draft presented in the board packet was originally proposed by Vice Chair Tom Hanley. The version voted on was updated with edits by Trustee Tim Plass. The “Plass draft” was submitted to the board Monday and entered into the board packet Wednesday.

The current materials selection policy was last updated Nov. 4, 2022.

The “Plass draft” will now be reviewed by the board’s legal counsel, D. Colton Boyles, and library staff, however, Plass and Hanley were objectionable to the draft being reviewed by staff. Trustees Vanessa Robinson and Katie Blank both raised concerns about language within that draft, ranging from vague wording and lack of clarity to potential legal repercussions and what parts are specific to minors, rather than the collection in its entirety. Library Director Alexa Eccles also voiced many concerns.

“There are several constitutional deficiencies that could subject the Community Library Network to litigation,” Blank said. “I am very concerned about something that has been struck out of this.”

The many changes to the draft policy include the removal of an entire section addressing intellectual freedom.

“By taking this out, you are taking away your commitment to the First Amendment,” Blank said.

Hanley said “not having something in this document doesn’t take anything away.”

“I believe in the Second Amendment,” he said. “It’s not in here, so does that mean we cancel the Second Amendment? I think no.”

The objective has been replaced with a “statement of purpose and intent” section. The first line reads, “The vocation of a librarian requires a commitment to freedom of speech and the celebration of diverse viewpoints unlike that found in any other occupation.”

“That statement is false, because there are other occupations such as religious leaders, lawyers, newspaper reporters, doctors, teachers, professors, all of those individuals have that same, if not greater, authority,” Assistant Library Director Lindsey Miller-Escarfuller said, adding the paragraph should be stricken or corrected.

Another new addition reads in part, “the librarian curates and curtails the collection of reading materials for an entire community in a sense, and in doing so, he or she reinforces the bedrock principles on which this country was founded.”’

“Librarians do not curtail viewpoints. We do not discriminate,” Eccles said.

Selection considerations are for the work as a whole, she said, and they’re not excluded based on representations of sex, gender, language or controversy.

Robinson said she would rather just keep the current materials selection policy. She questioned why this policy even needs to be redone.

“It’s just crisp and it’s clear and we just did it and we did it for the purpose to keep sexually explicit material out of the children’s section and, of course, we also did the kids cards and the teen cards,” she said. “I just see so much confusion in this and things that shouldn’t even be in a materials selection policy. To me it’s just confusing … It’s just more things being added and I don’t understand why we need a new one when we did it last year.”

Plass called a point of order to redirect the conversation, which he did several times during the meeting. In Robert’s Rules of Order’s parliamentary procedure, a point of order is called when someone draws attention to a rules violation in a meeting of a deliberative assembly.

“We’re supposed to be reviewing the wording of sections, not talking about the overall purpose of what we’re doing,” Plass said.

Hanley said he doesn’t care what the past board did.

“I’m on the current board,” he said.

Definitions regarding sexuality, nudity and other “harmful to minors” terms included in the policy also were sticking points with the board minority, who asked if they aligned with Idaho Code.

“I personally don’t want these definitions on our policy,” Robinson said.

Hanley began to move on when a frustrated Robinson called a point of order because no one answered her when she asked where the definitions came from.

“Somebody put them in here,” Robinson said. “I want to know if they are from Idaho Code and, if not, that makes them an opinion.”

“Your point of order is not well-received and Trustee Hanley has the floor,” Ottosen responded.

Blank said she didn’t understand why the policy needed a page of definitions concerning sexual issues and that the definitions came from Oklahoma Code, not Idaho Code.

“And some of them have been changed from Oklahoma Code, so they are in fact not applicable legally in this state,” Blank said.

Insurance continues to be an issue with this board, as Eccles announced that any litigation regarding materials selection will not be covered by the board’s insurer, the Idaho Counties Risk Management Program, per a new policy it implemented this year to libraries and entities it covers around the state. The new policy stems from allegations that certain materials within libraries are harmful to minors. ICRMP won’t cover any claim regarding duties pertaining to the protection of minors. Eccles said this is a significant change in liability coverage and the board needs to be very cautious in revising statements in its policy that relate to minors.

Boyles said the district would be responsible for defending itself should this type of litigation arise. He said if the district got sued for implementing this policy, “whether it’s for adult materials, for a 15-year-old or for a 6-year-old, under the First Amendment in federal court, that would probably not be covered.”

Plass pushed for the draft to be reviewed and returned in a week, but relented after Boyles and Eccles discussed the amount of work that would need to go into properly reviewing the draft.

“Since we have received what I would call a threat of litigation related to this policy, I think it’s reasonable to perceive that litigation could be imminent,” Boyles said, adding that he may need informed consent to release a report in anticipation of litigation. 

A letter from a community member discussing potential litigation regarding the materials selection policy was submitted to the board Wednesday.

Near the end of the meeting, which was extended by 20 minutes, Plass put forward a motion to have the board’s treasurer, Julie Saad, work with insurance brokers to gain full insurance coverage and have the full support of library staff while doing so. Eccles said she has been making good-faith efforts to garner full coverage for several months. Plass interrupted with a point of order.

“I’m not interested in information on this,” he said.

Eccles said the board would be acting recklessly if it did not allow her to continue the work with which she has been tasked.

Boyles said he is not clear whether it would be appropriate to authorize a treasurer to perform a function that falls to the administrative team.

“My spidey sense here is going up that this may not comply with the financial management policy,” Boyles said.

Eccles said she is happy to continue seeking insurance quotes, but this work cannot be influenced by the board.

“I have received requests from multiple brokers to give them additional information and this board only focuses on one broker,” Eccles said.

Plass has several times advocated for Redman Insurance to be the network’s broker.

Eccles said she is also concerned about news reports about political donations by this broker, which compounds recent issues she has brought to the library’s legal counsel’s attention. 

“So all of that information is deeply concerning,” Eccles said.

Plass’ motion to have the library network board’s ex officio treasurer handle the insurance broker search failed with a 2-2 vote. Hanley and Plass voted yes, Blank and Ottosen voted no. Robinson was absent for the vote as she had to leave before the meeting concluded.

Visit communitylibrary.net to view current policies and to contact trustees.