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Show February 1 03.qxd 12/7/2021 3:33 PM Page 8 THE OGDEN VALLEY NEWS Page 8 Volume VII Issue VIII February 1, 2003 Friends of the Weber County Library Position on Proposed Changes to Utah’s Library Law Introduction Changes proposed in Utah law have the potential to undercut more than 100 years of grassroots development of public libraries in Utah. The changes are far-reaching and alarming in both their intended and unintended consequences. Background The Utah Legislature has a long and distinguished history of supporting the establishment of community-based public libraries, a history that reaches back to its very first session in 1896. The library law stated in part: They [the library board] shall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms and buildings constructed, leased or set apart for that purpose; Provided, That all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of such city upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds, to lease or erect an appropriate building or buildings for the use of said library, to appoint a suitable librarian and necessary assistants, to fix their compensation, to remove such appointees at will, and in general to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room (Laws of Utah, 1896, Chapter 54) boards, not on elected officials. In 1919, the Utah Legislature passed the first law providing for the establishment of county libraries with county library boards as policy-making entities. In 1963, the law was updated to mirror city library law, which had already successfully served the residents of Utah. Both the City and County Library structure were designed for library boards to do the following: * Insulate the operation of the library from the undue influence of single-issue groups * Effectively use professional leadership * Make and execute long-term plans that are not subject to election cycles * Maintain local compatibility with national library systems such as the Library of Congress * Accept donations, ensuring the money is used as intended over extended periods of time * Protect library resources from misuse by other government entities The proposed changes in the Utah library law would abandon both the Utah and national library traditions that have served us well. Proposed Changes Despite the claim that the proposal for change does not intend to eliminate or limit policymaking authority of county library boards, it does just that. It removes all policy authority from the dedicated volunteers on the library boards and places it with elected officials. These changes place elected officials in charge of: * Library policymaking (book selection, computer access, hiring library director, etc.) * Maintenance and ownership of public library buildings * Receiving and managing all private donations made to the library Utah library law was visionary from its very inception, firmly establishing the role of the public library as the “university of the people.” The legislative intent was in the tradition of Benjamin Franklin and Thomas Jefferson, who promoted lending libraries and reading rooms to enrich the lives of all who settled their communities. Utah’s law was also patterned after the laws in other states, which lay the responsibilities of stewardship squarely on the shoulders of library Proponents of the change claim liability issues require that elected officials control policy for the libraries. This is puzzling in light of the fact that no library board in Utah has ever taken an action for which they or their local government has lost a suit, resulting in an award of a monetary penalty. In addition, government officials have liability insurance to handle contingencies resulting from either board or elected official action. Conversely, there have been incidents wherein the courts have found that actions of elected officials in relation to library management have been illegal (e.g., Davis County Library Director terminated for refusing to remove a book from the collection). There are also a number of unintended consequences of the proposed changes: * They remove the traditional insulation of public library policies and collections from transitory political agendas of single-issue groups. * They become an obstacle to recruitment of library board members who may not want to serve on a board where decisions are always subject of revision and secondguessing by elected officials. * They become an obstacle to recruitment of library directors who may hesitate to work in an environment where loyalty to partisan politics is potentially more important than professional management skills. * They hamper long range planning because key players may change with each election. * They severely limit flexible responses to the technical advancements in library technology because busy government officials are not able to stay abreast of national standards and new innovations that now impact even the most basic services libraries provide for citizens. Summary To make a radical change in library boards’ policy-making responsibilities demands a compelling justification. Any ambiguities in the current law must be addressed by measures that clarify the division of responsibilities between the board and elected officials, but the policy-making authority of the public library board needs to remain intact. Special interests should not be allowed to tear down the clear boundaries so wisely put in place by our visionary forefathers; boundaries that were designed to free public libraries from the intrusion of partisan politician and single-issue group pressures so they can remain places of ethical education and spiritual awakening. Come Take a Hike with the Wild Bird Center Join the Wild Bird Center on a Nature/Bird Walk. Our nature/bird walks provide an opportunity to get out and see nature up close and personal with a local expert. This is a great activity for the family, and a superb way to introduce children to nature. The cost of the nature/bird walk is enthusiasm. We take care of the rest. Meet at the Wild Bird Center, 1860 North 1000 West, Layton (Across from Barnes Nobel) at 7:45 a.m. We leave at 8:00 a.m., unless otherwise noted. Children of all ages are welcome. February 1: Bald Eagle Day at Farmington Bay with a biologist from the Division of Wildlife Resources February 8: Riverdale Parkway February 15: East Kaysville Wilderness Park March 1: Farmington Bay March 8: Swan Day at Ogden Bay with a biologist from the Division of Wildlife Resources March 18: The Marsh at night under a full moon while the Tundra Swans are in migration. Phil Douglas of the Division of Wildlife Resources will bring parabolic speakers to enhance the sounds of the night marsh. Leave the store at 5:30 p.m. This is a Wednesday evening outing to coincide with the apex of the full moon phase. March 22: Mueller Park Marsh 29: Antelope Island For questions, call the Wild Bird Center at (801) 525-8400. 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