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HomeMy WebLinkAbout02-26-2024-BLT-PUBLIC COMMENTSFrom:Carolyn Hacker To:Library Board of Trustees Cc:Library Admin Team Subject:Fwd: Policy re Appeals on Book Challenges Date:February 25, 2024 5:38:29 PM Hello, I apologize for my previous blank email which I sent in error. I wanted to say that I attended the last Library Board meeting when the new policy was adopted regarding appeals of book challenges. I understand and sympathize with the public’s need to be heard on this issue, but am concerned about the undue burden being placed on Board members who quite frankly have far more important things to do than to address “nuisance challenges” of library materials. I’m equally concerned that by her own admission at the last meeting, a number of challenges have been made by someone who is not even a resident of Newport Beach. I respect the library for allowing anyone with a California driver’s license to have the privilege of using it, but the duty of the Board is to the residents of Newport Beach; going to libraries in cities other than your own and making written complaints seems like the worst kind of forum shopping, and a waste of Library Board and staff time. I do think that if the new appeal process is followed, and the decision of the Library Director on a particular material is overruled, that the floodgates of challenges and appeals upon denial will truly open. The amount of time the Library Board spends on this will increase exponentially. I don’t believe individual complaints against specific materials are truly the issue here; rather, the rights of Newport Beach citizens to access a diverse and thoughtfully curated collection must be protected. As a Newport Beach resident, a donor to the Library Foundation, an attendee of many Literacy Lunches and author readings, and a mother whose now-teenage children spent many hours in the NBPL, thank you for your time and for the important work you continue to do. Carolyn K. Hacker Sent from my iPhone February 26, 2024, BLT Agenda Item Comments These comments on Newport Beach Board of Library Trustees agenda items are submitted by: Jim Mosher Item No. 1. Minutes of the Jan. 16, 2024 Board of Library Trustees Meeting The passages in italics are from the draft minutes, with corrections suggested in strikeout underline format. Page 2 (page 6 of agenda packet), Item 3, paragraph 1, sentence 1: “Chair Watkins noted there were 22 patron requests for evaluations which resulted in a response from Library Services Director Melissa Hartson’s response.” Page 5 (page 9 of agenda packet), paragraph 1: “Julie Masden Mattson (Newport Beach resident) thanked the fire department and commented regarding the eucalyptus tree,” [?] Page 5 (page 9 of agenda packet), paragraph 2: “Grace Duff Dove (Newport Beach resident) commented that Library patrons were not adequately noticed for the meeting,…” [?] Page 5 (page 9 of agenda packet), paragraph 4, sentence 2: “Mr. Katz responded that in their conversations with the Library and Public Works they have found that the playground is a complimentary complementary feature to the Library and creates a more focused area for the community.” Page 5 (page 9 of agenda packet), paragraph 5, sentence 1: “Bernie Svalstad (Newport Beach resident) inquired about the timeline of the project as it was originally intended to begin construction of in winter 2023-2024 and their presentation indicated construction beginning winter of 2024-2025.” Page 5 (page 9 of agenda packet), paragraph 9, sentence 5:“Library Services Director Hartson explained they are looking at the playground area as a complimentary complementary item more so than for programming, but they also want flexible areas that can be used for outdoor programming.” Page 9 (page 13 of agenda packet), last paragraph, sentence 1: “Jim Mosher (Newport Beach resident) commented that he believes a supported separate policy isn’t needed although he’d be interested in seeing what that policy would look like. Page 10 (page 14 of agenda packet), Item 12, paragraph 4, sentence 1: “Mr. Kappel stated that per the MOU, the word “Library” would be removed, Witte Hall will remain, and NBPL 15 is no longer a consideration.” [?] Page 11 (page 15 of agenda packet), Item 13, paragraph 1, last sentence: “This past year, they created over 9,000 new patron accounts this past year and checked out nearly 1.2 million items.” February 26, 2024, BLT agenda item comments - Jim Mosher Page 2 of 6 Page 12 (page 16 of agenda packet), Item VIII, paragraph 2: “Library Services Director Hartson reported that the Library bistro space is available for lease and the Witte Hall groundbreaking ceremony is tentatively scheduled for February 27.” Item No. 2. Patron Comments Questions as to whether NBPL accepts book donations seem to arise monthly. Perhaps this indicates there should be a button on the library’s home page directing patrons to information about making donations. Or more generally, about opportunities to support NPBL (the site seems to lack a “Support” button). Using the home page’s search box for “donations” (with the “Website” option), provides a link to the Friends page, the Trustees’Gift and Donor Policy and Literacy Support. Searching for “book donations” (without quotes, but not with them) also returns a link to the Friends page and the Gift and Donor Policy. While both of the latter contain information about book donations, they require additional reader effort to find the answer. By contrast, an independent Google search for “Does the newport beach public library accept book donations?,” whose result (at least for me) contains the sought after answer (that the “Donations of used books are always welcome” at the Friends Bookstore in the Central Library) much more directly in a summary at the top – information Google evidently found in an undated City news story that seems related to Item 17 (a check presentation) from the Council’s September 10, 2019, agenda. Item No. 3. Patron's Request for Evaluation of Library Resources Considering the revised Collection Development Policy (NBPL 2), with the appeal form, has been posted, and that a substantial number of Director’s Decisions were presented at the January meeting, the Trustees may wish to ask if any appeals of prior decisions have been filed. Item No. 7. Library Lecture Hall Policy (NBPL 15) As I attempted to state verbally at the January meeting, I have considerable concern about the proposed removal of this policy and its implications. City Charter Subsection 708(a)places on the BLT the power and duty to “Have charge of the administration of City libraries and make and enforce such by-laws, rules and regulations as may be necessary therefor.” The idea that the BLT will have no control over Witte Hall seems to admit of only two conclusions: (1) Witte Hall is not part of the NBPL system; or (2) the City government is operating inconsistent with the duties placed on it by the City Charter. The staff report indicates the current irrelevance of NPBL 15 results from the City Council’s January 9, 2024, approval of “a Third Amendment to the Memorandum of Understanding (MOU) February 26, 2024, BLT agenda item comments - Jim Mosher Page 3 of 6 with the Newport Beach Public Library Foundation relating to the Lecture Hall.” However, the NBPLF is a private organization that has no power to negotiate on behalf of the BLT, nor to modify the City Charter. If Witte Hall is not part of NBPL, it is disturbing the construction will be modifying the Bamboo Courtyard, which is. Item No. 8. Gift and Donor Policy (NBPL 3) While adding information about PALS4pal is important, this policy seems like it would profit for a more general review than it seems to have received two years ago.. Possible improvements range from the trivial [it is not consistent in alluding to the identical tax status of the three outside groups (“a 501(c)(3) institutionally related independent foundation,” “ an Internal Revenue Code § 501(c)(3) organization” and “a 501(c)(3) organization”] to the more substantive [information about Donor Recognition Walls cites actions taken by the BLT at its February 4, 2013, meeting, which sound more like minutes than policy]. Additionally, NBPL 3 appears to contain passages both in which former Trustees may have overstepped their authority (for example, setting internal NBPLF policy, such as the time within which pledges to the NBPLF need to be completed), and conversely giving the NBPLF power over decisions that should be retained by the BLT (for example, seemingly giving the NBPLF the power to decide on how donors will be recognized, at its sole discretion). And its final sentence (“The ultimate disposition of the gift lies within the sole province of the Board of Library Trustees”) appears to be in error. It conflicts with City Charter Subsection 708(f), which gives the BLT only the power and duty to “Accept money, personal property or real estate donated to the City for library purposes,subject to the approval of the City Council.” As to the “Donor Recognition Walls” section, this is a confusing legacy from the campaign to fund the Central Library expansion completed in 2013. It relates only to the Central Library, and even then, not to the donor recognition wall in the outside breezeway, or the original recognition wall immediately inside the entry, but only to certain walls within the building, most of which have, by now, been named. Nothing establishes a policy for donor recognition on the other walls or at the branches. The purported recent severance of the Foundation’s Witte Hall project from the Library, also would seem to require revision of NBPL 3 to distinguish contributions the Foundation receives in support of the NBPL from those it receives in support of its other, independent activities. It might also be noted there may be a conflict between NBPL 3 and the Collection Development Policy (NBPL 2). NBPL 3 suggests that persons wishing to donate books should direct them to the Friends; but NBPL 2 seems to indicate library staff, itself, accepts book donations, with those not suitable for inclusion in the collections being forwarded to the Friends. Regarding the proposed new “Project Adult Literacy Gifts” section, the “Donate Now!” button on NBPL’s current “Literacy Support” page appears to solicit a direct donation to the City. It is not February 26, 2024, BLT agenda item comments - Jim Mosher Page 4 of 6 clear if PALS4pal will be used to supplement this, or replace it. It is also not clear if private literacy donations need to be accepted by the Council. As indicated in my comments on Item No. 2, above, in addition to having a formal Gift and Donation Policy, if the wish is to solicit support for the library, it would seem wise to have a “Support” button and page on the NBPL website, giving readers a quick, plain English comprehensive explanation of the various opportunities people have to support the library though money, book donations and volunteering. As an example of the present deficiencies, because the NBPLF no longer has a presence on the NBPL site, using the home page’s search box for “donations” (with the “Website” option) fails to inform readers who don’t care to read through the legalistic NBPL 3 that there even is a Foundation. Item No. 9. Annual Budget - Preliminary Review The report might have indicated that although budget preparation is primarily a City Manager function, the Cultural Arts enhancement requests were presented directly to the Council for their reactions at their February 3 Planning Session. There is a video of the resulting discussion. There was no similar presentation about the remainder of the Library Services budget. For Trustees new to the process, it might be noted that the listing of the projected revenue as “0” from grants and the Library’s donors does not indicate the result is really expected to be zero. Instead, the grants and donations are added as budget amendments during the year as they are received. Item No. 10. Arts and Culture Update Although not directly a BLT matter, based on this month’s Patron Comment 13 (in Item 2, above: “My son is 16 and a photographer. Is there an age requirement to enter this event?” ), which apparently refers to the Student Art Exhibition, if the purpose of the event is to stimulate artistic creativity among the City’s youth, it would seem useful to add a category for photograph, and more generally for digitally-created art. Item No. 13. Lecture Hall Update The new agenda item description (“Report on activities related to the Lecture Hall project”) for this standing item seems to accept the premise of Item 7, above, that what was formerly anticipated to be a “Library Lecture Hall” is now simply a “Lecture Hall” with no Library connection. If the Board accepts this, then it seems questionable that this is any longer a proper item for a Library Trustees’ agenda. February 26, 2024, BLT agenda item comments - Jim Mosher Page 5 of 6 Item No. 16. Library Foundation Liaison Reports I appreciate the thorough and excellent report from the Chief Executive Officer, but I continue to be troubled by the Foundation increasingly deviating from its original mission as an organization existing solely to raise funds in support of the NBPL and its programming. It seems now to be raising money to support its own activities and programs, separate from NBPL, and possibly even in competition with it. The transformation, at the Foundation’s request, of the “Library Lecture Hall” into the non-library “Witte Hall” is a particularly alarming example. The NBPL will apparently be asked to rely on the NBPLF’s indulgence to even get slots for its use (out of those non-library City departments will award to the NBPLF for its funding support).. I am not sure the NBPLF’s articles of incorporation even allow it to raise money for these non-library functions, but it would seem to me, at the very least, to create a conflict of interest in which potential library donations may be steered to the NBPLF’s private enterprises rather than to the NBPL. Such a trend seems evident in the annual donations presented from the Friends and the Foundation, with those from the Friends going and those from the Foundation going down, sometimes to a fraction of former levels. At the very least, one would hope donors have a clear understanding of whether they are donating to the NBPL through the NBPLF, or to the NBPLF itself (for uses separate from the NBPL). I do notice on the NBPLF’s Donate Today!page a separate link to “Support Witte Hall,” but I am not sure donors would know Witte Hall is not, now, a NBPL facility. Nor am I sure how a “regular” donor would know if their non-Witte Hall donation is intended to support NBPL activities or independent NBPLF ones. Item No. 17. Friends of the Library Liaison Report Given the agenda item regarding the Board’s Gift and Donation Policy, I checked if the Ralphs Community Contributions Program mentioned in prior years had ever been implemented. I found the Friends have indeed registered as a recipient organization, and I was able to “enroll” by Ralphs Reward Card, although according to the program’s FAQ page, it works slightly differently than I had imagined. I thought patrons would request their rewards points to be assigned to the Friends. Instead, it appears it is more like a public poll, independent of the customer’s person rewards, in which Ralphs commits to donating a separate $500,000 each quarter prorated among the registered organizations (over how large a geographic area is unclear) based on the proportion of total sales attributed to that organization’s enrollees. I also noticed that on the Friends page, they mention accepting “Monetary Donations” for all occasions that may have a “recipient” in addition to a “donor.” It is quite unclear to me if this is about gift cards for use in the store or gifts to the Friends made in recognition of someone else. It says only “Cards are sent to the recipient and tax donation letters are sent to those making donations promptly.” If they were gift cards, I doubt they would qualify for a tax donation letter. February 26, 2024, BLT agenda item comments - Jim Mosher Page 6 of 6 Item No. 18. PALS4pal Liaison Report As best I can tell PALS4pal does not yet have a website and is not listed as a corporation with the California Secretary of State or as a Tax Exempt Organization with the IRS. Is the intent for PALS4pal to resume the former Newport Mesa ProLiteracy Board’s function of directing what is now called Project Adult Literacy, or will it function solely as a fundraising support group? From:Courtney Richards To:Library Board of Trustees Subject:A Fair Process to allow Everyone to Enjoy the Library… Date:February 26, 2024 2:02:48 PM The Newport Beach Library Staff and Board of Trustees, I understand that some parents are concerned about their children checking out certain books at the library. I also understand that other parents are not concerned about their children checking out those same books. With the library council approving the use of a review process that allows concerned parents to identify those books, I propose that the library institute a Parent Control Process like that used by Google, Netflix and other apps. Parents and legal guardians can decide if their child/children (minors under the age of 18) are able to check out certain books by filling out a form that will flag their account. As the result, when checking out, the librarian at the desk will or will not allow the minor to take the book. It’s a win win! It will allow those who are concerned to go through the process that was approved to identify the books in questions and prevent their children from checking them out. It will also allow other children to check out the books of their choosing. I am happy to work on the details of putting this process in place and look forward to being contacted. Sincerely, Courtney Richards Born and raised in Newport Beach and have raised my children here as well. Sent from my iPad