06-30-1997 LBOT MINUTESL~f/l;r(Dv/~~
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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
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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
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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~
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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.
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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
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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.
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