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06-30-1997 LBOT MINUTESL~f/l;r(Dv/~~ C:)!ff/JCJ. 7 . ~ CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES COMMUNITY SERVICES DIVISION 714) 744-7272 · Fax: (714) 744-7251.LIBRARY SERVICES DIVISION 714) 288-2471 · Fax: (714) 771-6126 CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Community and Library Services Administration Conference Room I. CALL TO ORDER 1. 1 Pledge of Allegiance Chair Cavecche led the Pledge of Allegiance. 1.2 Roll Call The regular meeting of the Orange Public Library Board of Trustees was called to order at 3:35 p.m., in the Community and Library Services Administration Conference Room, 230 EastChapman Avenue.n f";;- L6d3S Ll lB31:::l }.J. J:) -.Present:Trustees Cavecche, Baker, Massa, Schlund and Warne.Guest:City Attorney David DeBerry.1.3 Adoption of Agenda Trustee Warne moved the agenda be adopted as presented. Trustee Baker seconded. Motion carried.1.4 Approval of Minutes Trustee Warne corrected May 19, 1997 minutes: Page Five, "V. Department Reports, 5.2 Internet Use Policy." On the motion of Chair Cavecche to implement "Working Draft" Internet Use Agreement, seconded by Trustee Massa, the vote was changed from unanimous to: I 230 E. CHAPMAN AVENUE ORANGE. CALIFORNIA 92866-1506 r'-F r CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Two Ayes: Cavecche, Massa and Schlund. Nayes: Baker and Warne. Motion carried." Trustee Massa moved the minutes be accepted as corrected. Trustee Schlund seconded. Motion carried. At this time, Director Gary Wann announced the passing of El Modena Branch Library Clerk Thea Torgerson on June 24,1997. Thea had been employed by the Orange Public Library since 1990 and was a dedicated employee. All library staff are feeling deep shock and grief at this time and counseling will be provided. Chair Cavecche will send a card to Thea's family on behalf of the Board of Trustees and memorial books will be purchased in her name. II. BOARD REPORTS 2.1 Reports from Chair Chair Cavecche advised she has not contacted Randy Bosch to discuss his leadership on a Library Foundation. Ms. Cavecche added an attorney will be required to draft a non-profit organization agreement.2.2 Reports from Trustees There were no reports from Trustees.To minimize the City Attorney's time, "IV. Department Reports, 4.3, Internet Use Policies and Procedures" was addressed out of agenda order:IV. DEPARTMENT REPORTS 4.3 Internet Use Policy At the request of the Board of Trustees and Director Wann, City Attorney David DeBerry attended this Board meeting to clarify legal specifications CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Three ramifications in relationship to the Supreme Court and Communication Act, and the Orange Public Library's Internet use. He reported it is illegal to send obscene and indecent materials to minors and it is government's responsibility to enforce these laws to protect minors. Obscene materials are not protected under First Amendment Rights. It is government's responsibility to apply community standards to access this material which may be obscene or considered "harmful material." There has been recent challenges in the Supreme Court from California's lower courts requiring clarification of obscene material on public newsstands. The Supreme Court has upheld all decisions brought before it to date. He did advise, however, if the library elects to provide Internet access to patrons, portions of that service cannot be arbitrarily removed or censored. Parental permission for minor's access is permissible. City Attorney will render an opinion to the Board of Trustees after he has conducted more investigation with library staff and written legal decisions on the subject. Trustee Warne requested City Attorney to provide him with all case law regarding obscenity and the Board will be provided with the legal ruling on the newsstand Issue. Chair Cavecche discussed filtering material harmful to minors and Adult Services Supervisor Yolanda Moreno advised fJj.f/ iNtirY.c/~~tA<jJTt'1 )~(/c;t~~/1NtMfJVt~~tf/rf'/3 IRddrflirJdidtMficl, lrId.Jivrir/,iMrlMaf.tdilslifitrlel i<1UJi /aN:1Md n6i,/di~ AM WdrJJ/ j.i ~};;1j'tj . Problems arise for staff when children have access to the work stations in the adult area. Trustee Massa questioned whether library would be liable if children were successful in accessing pornographic material while unsupervised and it was the City Attorney's preliminary opinion that the City could be held liable. Chair Cavecche concluded all computers should be filtered, however, Trustee Warne stated he had major objections to this procedure. City Attorney DeBerry again reminded the Board there would be legal ramifications if alternative approaches to Internet use were not provided. Director Wann added he would consider filtering in the Children's Room, but not in the adult area inasmuch as the Internet provides endless reference capabilities. He she had recently attended a workshop on this procedure. It was discussed at the workshop that while work stations in the Children's Room can be filtered~ if computers located in the adult areas were not, children could easily access the adult computers without staff's knowledge. Filtering would include e-mail, word processing, and other system sources.j-- I~ 1[- CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Four also added there would be no perfect solution for this complex problem. City Attorney DeBerry wishes to avoid any American Civil Liberties Union (ACLU) complaints being filed against the library. The library is free to make policy, however, the City Attorney will not defend any lawsuits the City is unable to win. Chair Cavecche speculated there is a possibility the Orange Public Library will be the only library not providing Internet access. Ms. Moreno added in the five months access has been provided to patrons there have been no complaints. City Attorney DeBerry added it will be difficult to discontinue service once it has already been established. Chair Cavecche requested a strong policy for Internet use. Mf. DeBerry pledged his office's help in meeting those perimeters, however, Internet jurisdiction has not been recognized by the legal system; courts have ruled on obscenity as it is protected by the First Amendment, while obscene material has no protection. Chair Cavecche moved: 1) Orange Public Library establish written policy that would be as strong as possible in preventing material deemed harmful to minors be accessed at the library; 2) Chair will work directly with City Attorney's Office in writing this policy; and 3) Library Board of Trustees will make final decision on Internet use. Motion seconded by Trustee Massa. Discussion: Trustee Warne inquired if the library could publish a disclaimer as regards Internet use and City Attorney advised that would be reasonable. Chair Cavecche requested library staff to continue Internet operation within the procedure already in place. Chair CaveccheJaNVYNfJttflNfMrlf/will sit on sub- committee to evaluate and write use policy for the libraryf'frustee Baker said he~nd Trustee was concerned with the library staffs ability to enforce policy and requested City Warne offer Attorney's assistance on this procedure. City Attorney responded all procedures red to sit must be legally responsible and enforceable by staff. Trustees agreed any policy also. adopted must be proactive, not reactive. i I' -----r--- CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Five Vote: Ayes: Cavecche, Massa, and Sch1l1und Nayes: Baker and Warne Motion carried. See "Addendum" Page Sa. Trustee Baker took this opportunity to thank library staff, administration, Library Board of Trustees, City Council, Mayor and City Manager for all their patience and considerat!on, and he feels there was progress made while he was Trustee. The full scale library survey has been completed and renovation is in progress.. He hoped the library's book budget will be restored to a meaningful level after renovation. Mr. Baker feels he helped the library into the Information Age and has enjoyed his position with the City. III. COMMUNITY AND LIBRARY SERVICES DIRECTOR'S REPORT 3.1 Director's Report of June 1997 Director Wann reported the Orange Public Library's Adult Literacy Program, Partners In Reading, has been discontinued. There will be no official literacy business conducted after July 1, 1997. Read Orange County will incorporate our program into theirs. Director Wann thanked all Partners In Reading staff, and particularly Literacy Coordinator Rosanne Miller for her dedication to this program. Ms. Miller will begin working at Main Library Children's Section beginning July 1. Chair Cavecche expressed concern as she was not aware of any agreement to roll over unencumbered funds from the library budget. Director Wann indicated that the library will use unencumbered funds for the Library renovation or other materials as needed. 3.2 Legislative Update Information was provided to Trustees in their packets. 3.3 Financial Report Expenditure Summaries were included in Trustees' packets. CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Five- A Mf. Warne stated he was concerned about public safety, and more specifically, staff in the Children's Section as regards implementation of the Internet Use Policy. More efficient efforts should be explored to deter improper conduct in this area of the library. The library cannot be expected to prevent society's inappropriate behavior in public areas. In contrast to this, the library can provide invaluable resources for specific inquiries and obtain desired information.The Library Board of Trustees should avoid overkill on regulating Internet use. Trustee Warne stated he wants to prevent specific problems from arising and it may be necessary to provide additional staff to monitor the work stations. While Trustee Warne sees librarystafftal\ing time to monitor and regulate, he feels a better solution to the problem would be reasonable regulations acceptable to Library Board, library staff and customers.I CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Six IV. DEPARTMENT REPORTS 4.1 Budget FY 1997/98 Director Wann reported the Budget FY 97/98 has been adopted. The end of furlough in September will cause consternation as both branches will be open on alternating Fridays along with other City services. Trustee Schlund suggested a highly publicized campaign to alert residents to new hours and days of service. A library supervisorial position will become open shortly. Although there is internal pressure to fill the position, supervisorial duties will be distributed as follows: Yolanda Moreno will supervise Adult and Circulation Services, and Bob Felthaus will supervisor Branch and Children's Services. 4.2 Main Library Renovation Project Director Wann reported on a tentative construction time plan for Main Library renovation, with four architects showing interest in the project. V. NEW BUSINESS 5.1 Security in the Children's Room Director Wann reported to Trustees an indecent exposure had occurred at Main Library and involved two students from St. John's School. It was alleged there were no teachers present at the time, and when the one of the children's parents reported the incident to library staff, approximately 8-10 minutes had elapsed. It was 20-30 minutes before police were dispatched and arrived at the library.Chair Cavecche reported she received a phone call at her home regarding this matter and the parent contended library staff dismissed the incident without any investigation. Director Wann advised library staff undergo mandatory police training to learn proper response techniques in these types of situations. Chair Cavecche asked for the library policy on abusive situations occurring in the library. She reported she had visited the Children's Room recent and observed adults reading newspapers in the area and appeared not to be accompanying any children. Yolanda Moreno reported no adults were allowed in the Children' s area after 3 p.m. in the afternoon. Director Wann added this area of the library would like a strong policy in place to support their action to remove adults from the area.Trustee Warne suggested school children must be accompanied by teachers with no exception. Trustee Massa suggested the installation of surveillance cameras to enable librarians to observe all areas ofthe library. CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Seven Chair Cavecche had two concerns: 1) Staff should be instructed to immediately dial 911 when an incident arises; and 2) an extended policy that adults do not belong in the children's area, only children are allowed in the area on a 24- hour basis. Trustee Baker added he felt the staff may have difficulty administering this policy as it would require efficient monitoring on a constant basis. Director Wann will reiterate to librarians to remove adults from Children's area and has asked the Orange Police Department for more frequent patrols.5.2 Summer Reading Program Library staff thanked the Friends of the Orange Public Library for generously donating all books used as prizes in the Summer Reading Program. Over 1, 000 children participated in this program this year.5.3 Election of Officers Trustee Massa nominated Trustee Cavecche to continue another year as Chaif.Nomination seconded by Trustee Warne. Trustee Cavecche accepted nomination.Vote: Unanimous.Trustee Cavecche nominated Trustee Massa to continue as Vice-Chaif.Nomination seconded by Trustee Schlund. Trustee Massa accepted nomination. Vote: Unanimous.5.4 July and August Board Meetings Chair Cavecche moved the Library Board be dark in July and resume regularly scheduled Board meetings on August 18, 1997,3:30 p.m.Applications for the vacant Trustee position will close on Thursday, July 31,1997, and it is hoped an appointment will be made soon after the closing date.VI. ORAL PRESENTATIONS There were no oral presentations. VII.ANNOUNCEMENTS There were no announcements.r r---,---- CITY OF ORANGE DEPARTMENT OF COMMUNITY AND LIBRARY SERVICES ORANGE PUBLIC LIBRARY BOARD OF TRUSTEES Minutes of Meeting Held June 30, 1997 Page Eight VIII. ADJOURNMENT Trustee Warne moved that the meeting be adjourned at 5:25 p.m. Seconded by Trustee Cavecche. Motion carried. tt:~ te q/J:J-/?J G W Secretary to the Library Board GW/ jm If r