Library Director’s job in jeopardy with County judge’s ordinance recommendation; New board member recommended as well

UPDATE #5 – JUNE 7, 2023

In a meeting of two Saline County Committees on Monday night (beginning at 11:20 in the video below??), several items were presented for discussion, including a change in one Library board member, the appointment of another – and an ordinance change, proposed by Saline County Judge Matt Brumley.

It’s important to know a few basic things in the scenario:

1. A County Judge in Arkansas is a role similar to that of a Mayor of a City, but the County Judge serves the people of a county. It is a partisan position. Despite the name, it is not a judicial position, nor is it required for the role to be filled by a legal judge.
2. The Committees that met are not able to pass ordinances or resolutions, however, they do discuss and make recommendations to the Quorum Court, who does have the authority to pass ordinances and resolutions.
3. It is all members of the Quorum Court that are on the Committees.
4. The next Quorum Court meeting is June 19, 2023.

During the two committee meetings (see the full agendas here), Judge Brumley came forward to the address the committee members regarding two items. The first was an announcement (14:08 in the video below??) that Caroline Miller Robinson, Saline County Library Board Chair tendered her resignation, and Judge Brumley recommended the appointment of Jamie Clemmer to replace Ms. Robinson on the Board, as of July 1, 2023. All County Committee members voted in favor of recommending this to the Quorum Court at the next meeting.

Brumley addressed a second item (23:20 in the video above??), with an in depth explanation including the summation statement, “I have lost confidence in the leadership of the Saline County Library.”

Brumley stated that Library Director Patty Hector has not complied with requests to challenge a book in particular that has “explicit sexual content.” Brumley said that Hector stated there was nothing wrong with the book, yet also stated she hasn’t read the book.

Brumley presented the proposal of an amendment to an Ordinance from 1978 regarding the Saline County Library oversight.

The changes would:

1. Limit the Library Board’s power to hire, fire and assign salaries for Library employees, to be only with oversight by the County Judge.
2. Submit an annual third-party audit.
3. Maintain insurance or bonding to insure against misappropriation of funds.

See the full Ordinance and proposed changes below, with underlined words to be added, and crossed out words to be deleted:

The Public Works and Safety Committee and Finance Committee meetings are held on the first Monday of each month at 6:30 pm at the Saline County Courthouse in Courtroom #3.

Quorum Court meetings are held on the third Monday of each month at 6:30 p.m. at the Saline County Courthouse in Courtroom #3. In the event these meetings fall on a holiday they will be held the following evening (Tuesday) at 6:30 p.m. at the Courthouse. The next meeting will be June 19, 2023.

The Saline County Library Board meets every other month. The next meeting will be July 17, 2023 at 3:30 p.m. in the meeting room of the Benton branch at 1800 Smithers.

Read previous updates below.

UPDATE #4 – APRIL 27, 2023

This is an update to an ongoing story about the Saline County Library’s selection of materials and whether their procedures follow the state law. But first, some backstory.

The story includes a group of women who contacted a member of the Saline County Quorum Court after finding book selections that they deemed obscene. The group asked the quorum court to do something about the situation. While this women’s group has declined to be interviewed after several requests, they were filmed by MySaline during the quorum court meeting on Monday April 17, 2023, giving their opinion.

This group is called Saline County Republican Women (SCRW) – a splinter group from the local Republican chapter. They stated via their Facebook page that they do not hope to defund the local library or ban books. They did submit a FOIA request however, seeking a full review of the library’s finances. Part of that information revealed how the library spends their advertising dollars.

When the SCRW discovered that the library advertises with ?? this news company, MySaline, they launched a campaign via their Facebook page to discredit the reporting here. They stated that MySaline/Shelli Poole is a “paid marketer” for the library and therefore, the reporting on MySaline on this story in particular must be biased. The post:

It’s true that MySaline sells advertising. It’s true that the Saline County Library purchases advertising from MySaline. It’s not true that MySaline or Shelli Poole are a “marketer” for the Saline County Library (SCL). That is a different thing. MySaline and/or Shelli Poole were not ever employed by the SCL. We have not ever respresented the opinion of the SCL.

It’s also true that the president of the SCRW group mentioned above has purchased advertising with MySaline for her business in the past. Neither MySaline nor Shelli Poole were ever considered a paid marketer or ever fit the definition of a paid marketer for that person or that person’s company or events.

MySaline does publish facts. We publish advertising in order to stay in the business of publishing the factual news and events, like most media companies do. You’ll see the facts below ?? in the new update from the SCL, as well as in the previous parts of this story. 

The following (in blue and indented) is the full press release from the Saline County Library, issued to their media list on the morning of Thursday, April 27, 2023.

“

JUST THE FACTS: LIBRARY POLICIES, PROCEDURES, AND THE COLLECTIONS

On Monday, April 17th, the Saline County Quorum Court voted 11:2 to pass a resolution that suggests the Saline County Library create policies to relocate materials that parents or the public deem inappropriate for children into areas that are not accessible to children. Several library employees along with library supporters attended the meeting. Many were unable to be in the room because of the large crowd in attendance. During the meeting, the Quorum Court discussed the purpose of the resolution and listened to 25 Saline County citizens, both opposing and approving of the resolution. Before making the vote, two Quorum Court members pointed out that they had not “done their due diligence” and talked to the Saline County Library about the policies already in place prior to the meeting.

With recent social media stories and interviews, the Saline County Library feels it is necessary to share some facts about library policies, procedures, and the collections.

On March 27, the Saline County Library Board held their regularly scheduled meeting at the Bob Herzfeld Memorial Library located in Benton. Members of the public also attended this meeting. Amendments to the library’s current Reconsideration of Materials policy were presented for board approval. The proposed changes were submitted to ensure the library’s policy was in alignment with Senate Bill 81, now Act 372, because SB81 was due to be read and voted on in the Arkansas Senate the following day, March 28. The library wanted to be proactive and ensure that due diligence was taken to adhere to the process outlined in Senate Bill 81, now Act 372. During this board meeting, it was also announced that both branches of the library would be closed during the week of April 10-15 to have the internal server rebuilt. This project had been in the planning stages for over a year, and the library received E-Rate funding to pay for a portion of the equipment necessary to undertake such an extensive project. The funds received had to be spent by July 1, 2023. During the server rebuild, all internet and phone services would be unavailable; therefore, patrons would not be able to checkout material, use the public computers, or utilize fax or printing services. Because summer is the library’s busiest time of the year, the difficult decision was made to close April 10-15.

The Saline County library is dedicated to serving the citizens of Saline County. It is a tax-funded entity; therefore, library staff must do their due diligence and adhere to policies so that they act in accordance with the law. It is illegal to arbitrarily move materials without following correct policy because that is a violation of the First Amendment. It is the right of any library user to request that materials be reevaluated to determine if they should be relocated within the library. In the library’s Collection Development Policy, one can find the Reconsideration of Materials policy that states, “Anyone is free to personally reject materials of which he or she does not approve; however, the choice of library materials for personal use is an individual matter. No one has the right to exercise censorship to restrict the freedom of use and or access of others. Any request for reconsideration of an item in the collection must follow the Library’s procedure.” Also under the Collection Development Policy, the Intellectual Freedom Policy states “A public institution committed to the principles of democracy and intellectual freedom, the Library recognizes its obligation to provide as wide a spectrum of materials as possible. Diverse points of view, including controversial and unorthodox subjects, are available in this collection. Inclusion in the collection does not imply Library endorsement of or agreement with the contents. Library materials are not marked or identified to show approval or disapproval of the contents, nor are materials sequestered except for the purpose of protecting them from damage or theft. No restrictions are placed on what anyone may read, view, or listen to. Selection of materials to include in the collection will not be made on the basis of any anticipated approval or disapproval, but solely on the merits of the material in relation to building the collection and to serving the needs and the interests of all users.” During the information gathering stages and public input stages of the planning process for the 2022-2025 Strategic Plan, inclusion was one of the most requested things people wanted to see more of in the library.

Under the Library’s Behavior Policy, the first code of personal conduct states that leaving children unattended in the library is unacceptable. The Unattended Child Policy states, “Children ages twelve (12) and younger should be accompanied by a parent, guardian, or caregiver at all times. Young children cannot be left alone in any area of the library while the adult browses other areas unless they are in a staff-supervised program and are of the appropriate age as described above.” It also states children ages thirteen and older who come to the library without a parent, guardian, or caregiver can use the library appropriately for things such as homework, reading, or attending programs. Furthermore, when a child signs up for a library card, a responsible person, i.e. parent or legal guardian, must sign the back of the card and agree to the following statement: “I have approved this child’s application for a library card and accept legal responsibility for its use. I agree to comply with all of the library rules and regulations. I will be responsible for all material borrowed on this card and give immediate notice of any change of contact information.” The library is working on a way to provide parents and guardians with a resource to help them make informed decisions about library materials they may be unsure of.

In calendar year 2022, both branches of the Saline County Library had a total in library attendance of 10,973 for programming for ages 0-18. Library staff also visited a total of 8,163 people ages 0-18 at various outreach programs across Saline County. During the months of January through March 2023, total in library attendance at programs for ages 0-18 was 4,289, and the total for library staff visits to various outreach events was 3,350. This does not take into account the total number of visitors the library sees on a daily basis of people who simply come in to browse the shelves, play in the children’s area or Nature Play Space, or utilize the computers.

Currently, the Saline County Library separates the Youth Services department into three distinct age categories: Children’s for ages 0-7, Juvenile for ages 8-12, and Young Adult for ages 13-18. Between both locations, there is a total of 19,619 items in the Children’s collection, 15,566 in the Juvenile collection, and 7,773 in the Young Adult collection. Out of the 3,801,985 items checked out from the Saline County Library in the last six years, the library has received zero Reconsideration of Materials requests.

For now, the library will continue to use the current selection criteria and policies in place to purchase materials for the library. When Act 372 goes into effect, the library will continue the process since the library does not purchase judicially obscene materials. If any patron has objections to the placement of materials, they may follow the procedures as stated in the Reconsideration of Materials policy. In order to adhere to the constitutionally granted right of the First Amendment, the library cannot remove or relocate books solely on views of an individual or group. Through the reconsideration process, an educated committee will review the material in question in its entirety to determine if any action should be taken which is also outlined in Act 372.

The purpose of a public library is to provide something for each citizen of the county. The library is an integral community resource for adults and children of all ages. Library staff are dedicated to providing help whenever possible and serving the community to the best of their abilities. The library is here to serve all residents of Saline County, and the staff strive to do just that.

“

---

UPDATE #3 – APR 18, 2023

Hundreds of Saline County citizens came to the April 17th Quorum Court meeting hoping to have their opinion known regarding the library book resolution on the evening’s agenda. It wasn’t possible to hear from the 50+ people who signed up to speak, but the QC heard from plenty. Some thought the QC might act to defund the library in full or part, but that was not on the agenda. Some sought to remove certain books from the children’s section of the library or remove them from the library altogether. 

At the beginning of discussion on this agenda item, JP Rick Bellinger stated he thought the resolution was well intended but that the part where it reads “regardless of the legal definition of obscenity” might come back to bite them. Bellinger said the people of his district support the resolution so he did also, but that he would not stand for book censoring or defunding the library.

JP Jim Whitley spoke to the reason that he put forth the resolution in the first place, and other JPs gave their reasoning for wanting it to pass. It seemed that all 13 JPs were for the resolution. JP Keith Keck asked whether an amendment should be added to state that the library should enact policies consistent with Act 372, but others deemed it unnecessary.

During discussion among the Justices of the Peace, it came to light that they had not met with library administration before drafting the resolution (see it below). Library administration was present, but none of the JPs had questions for them. At one point after 80 minutes of public comment, JP Keith Keck stated “I think we missed a step,” referring to not having met with the library yet. JP Carlton Billingsley agreed and stated that they might want to consider inviting the library to an upcoming committee meeting before voting. 

County Judge Matt Brumley said they should go ahead and vote and JP Josh Curtis agreed so they put it to a vote. The resolution passed 11-2 with the following votes:

• JP Pat Bisbee YES
• JP Everette Hatcher YES
• JP Carlton Billingsley NO
• JP Barbara Howell YES
• JP Justin Rue YES
• JP Rick Bellinger YES 
• JP Josh Curtis YES
• JP Ed Albares YES
• JP CJ Engel YES
• JP Jim Whitley YES
• JP Clint Chism YES
• JP JR Walters YES
• JP Keith Keck NO

---

UPDATE #2 – APR 17, 2023

As many of you know, there has been a lot of controversy surrounding certain books in the Saline County Library. There is a Quorum Court meeting Monday, April 17 at 6:30. Scroll down for the agenda. I will attempt to give the general opinion on both sides of the library book issue, as well as facts about what paths the issue might take.

On one side, there is a group called Saline County Republican Women that has posted pictures of several books in circulation. They say the books are “explicit” and “woke.” It’s possible, according to their social media post that they want to end public tax dollars to the Saline County Library because of these books. 

We’ll get to the other side in a second, but let’s take a look at what can and can’t happen. Saline County voted in 1998 to increase the millage to fund the construction of new library facilities and operations. Because of that vote by the people, the Quorum Court isn’t authorized to take away funding.

There would have to be another vote of the citizens of Saline County to decide. Citizens would need to gather enough signatures to put it on the ballot or Quorum Court can refer it to a vote. I don’t have figures at this time on how much that would cost the county, but I would estimate in the tens of thousands.

The quorum court does currently have a proposed resolution to agree with State Legislation that recently passed about obscenity. Arkansas Act 372 will go into effect 90 days after Sine Die. Sine Die is May 1st, 2023 . See more in This screenshot from the Arkansas Senate web page:

The title and subtitle of ACT 372 are below. You can read the entire Act at this link.

For An Act To Be Entitled

An act to amend the law concerning libraries and obscene materials made available to minors;

 to amend the law concerning the possession, sale, distribution, or furnishing of obscene materials;

 to create the offense of furnishing a harmful item to a minor;

 to amend the criminal code in relation to obscene materials loaned by a library;

 to allow a parent or legal guardian of a minor to access the minor’s library records;

 to provide for a civil cause of action against governmental entities that possess, sell, or distribute obscene materials;

 to amend the law concerning the process for challenging materials included in a library;

 and for other purposes.

Subtitle

To amend the law concerning libraries and obscene materials;

 to create the offense of furnishing a harmful item to a minor;

 and to amend the law concerning obscene materials loaned by a library.

The current proposed resolution being put forward by at least one member of the Quorum Court is written as follows: