Requests for Reconsideration 

If you are already looking over your collection development policies based on our last blog post, here is the other, crucial side of your collection development policy: offering a space for patrons to express their concern about library materials, or a Request for Reconsideration. 

You may have noticed how much the word “professional” was used in the last post. That is because, while librarians are trained professionals, they are often not recognized as such. It’s not common knowledge that to be a professional Librarian, someone needs to hold a Master’s in Library and Information Science (MLIS). Because we deal so frequently at the intersection of information and people, the rights upheld by the First Amendment come into play more often than many people would expect and it’s essential that the professional, non-partisan nature of librarianship should be emphasized.  

What is a Request for Reconsideration? 

When it is presented in good faith, a Request for Reconsideration (RfR) opens discourse between the library and its community and can create a better understanding between both parties. It’s important for the public to understand, however, that RfRs take extensive time and effort which ends up costing the library and the municipality’s taxpayer dollars – time, effort and taxpayer dollars that are taken away from doing another part of library work for your community. To allow professional librarians to continue to be good stewards of taxpayer dollars and to understand the basis of a good faith request, requests for reconsideration should require the patron to fully consider their objection and put it in their own words. When putting together a standard RfR form to accompany your collection development policy, consider beginning with a basic template (you can find an example here) and then adding the following requirements to the process in order to protect the time and efforts of library staff and encourage good faith challenges: 

  • A signature that acknowledges both receipt and understanding of the collection development policy, including the review process 
  • A notice that challenged materials will NOT be removed, relocated, or restricted from any collection while under consideration 
  • The length of time before a specific title (item, material, etc.) may be challenged again once a decision has been made (for example: once a determination has been made a title cannot be challenged again for 2 years, including new editions that may come out) 
  • Notice that only an official reconsideration form will activate a reconsideration procedure. * Phone calls, rumors, voiced concerns, emails, social media comments, etc. are not sufficient to initiate a reconsideration process, though it is important for the library to keep track of these “informal” complaints. Anyone bringing a concern to the library may (and should) be given an official reconsideration form. 
  • Notice that an official reconsideration form must be filled out in its entirety. Incomplete, anonymous, or otherwise partially completed forms will not be sufficient to activate the process 
  • Notice that form(s) must be filled out in the challenger’s own words; copied and pasted text from other sources (websites, social media, etc.) invalidate the personal nature of the concern and may not be considered 
  • A statement requiring that the person raising a concern be a member of the community (ex. resident, cardholder, etc.). For example: “In striving to be good stewards of taxpayer dollars, challenges brought by those outside the library’s community may not be considered” 
  • A request that the patron suggests alternative material that is of equal literary quality, can provide similar information, and convey as valuable a picture and perspective of the subject as the item they are requesting be removed 
  • A description of the appeals process should the patron disagree with the library’s initial response to the reconsideration request 
  • Ideally (depending upon library staffing levels), the process should consist of a review by a committee of professional staff appointed by the director 
  • 1st appeal of the committee decision should be to the Library Director 
  • 2nd (and final) appeal lies with the Library Board of Trustees who will conduct a challenge hearing and render their binding decision at the following Board meeting.  

Handling challenges to library materials 

Should a patron want to challenge library materials, they should be made aware of what to expect on the library’s part as well. Describing the process that a request for reconsideration will go through provides the community with transparency and accountability on behalf of the library.  

  • The Library should strive for a review timeline that is reasonable based on staffing conditions, ** but should also be timely in relation to a filed complaint. Two weeks to 1 month for a full, formal review from the filing of the initial complaint to providing the complainant with a decision is generally reasonable. Unless a severe staff shortage prevents the process from moving forward, all efforts should be made to keep the review process moving along swiftly.  
  • The Library should consider the item in question in its entirety, not taking passages, excerpts, clips, or descriptions out of context 
  • The Library should review all parts of the purchasing process and review the decision to make the purchase in the context of the collection development policy 
  • The Library should remain as objective as possible. Should the challenged item not meet the selection criteria, the library must be willing to acknowledge that the item is unsuitable for the library collection and withdraw the item.  
  • Whenever possible, the person who made the initial selection to purchase the item should not be on the appointed committee to review an item when it is challenged.   

Additional considerations you may want to make in regard to a reconsideration process:  

  • Require this process for challenges not just to selected materials, but to displays and programming as well. Displays and programs are also library services that are thoughtfully curated by professionals and are subject to internal guidelines and policies. You can include programming and displays in your collection development policy or have a separate policy on the curation and selection of display materials and programs. All complainants should receive a copy of the relevant polic(ies) to review, so make sure you are covered with what they may be objecting to.  
  • Keep frontline staff interactions at a minimum. Challenges are often highly charged exchanges, even when conducted civilly. This puts a stress on anyone receiving the complaint. Train frontline staff (use scripts if you can***) to acknowledge that the person is bringing a concern to them; inform the person that there is a formal procedure that all those who want to pursue a complaint must follow and; if at all possible, send that person to the Library Director (or official designee in the Director’s absence). Frontline staff’s efforts are best directed toward their regular duties, responding to the needs of patrons with more routine requests  

Expressing the responsibilities of both the complainant and the library ensures that a good faith challenge receives full consideration; reduces the appearance of arbitrariness (both in responding to a challenge and selecting materials); and clarifies the duties of the library staff when this situation arrives at your library’s doorstep.  

*  The library should strongly consider funneling all informal RfRs through the library’s administrative team. This will both limit the amount of time desk staff spend listening to complaints that, ultimately, they won’t have the power to address; and allows the official RfR form to be given to the person with a concern by someone with the knowledge to fully answer questions about the collection development policy and authority to respond to the patron’s request.  

** Staffing shortages are all too common in library services, particularly with professionals leaving library service. If you find at the beginning of the process that you are unable to follow the timeline set out in your policies, it is crucial that you are upfront about this, communicate it in an objective manner to the patron making a complaint and provide the patron with an updated timeline based on your current staffing situation.  

*** More information on scripts will be coming in a future blog post! 

Best Practice for Trustees: Massachusetts Library Laws

By Rob Favini, Head of Library Advisory and Development at the MBLC

Previous blog posts have been highlighting excerpts from the Trustee Handbook focusing on laws and liability relating to libraries and library trustees. What follows is a list of laws that apply to libraries for your reference.  As you can see many of the items on this list go beyond the specific laws governing boards of trustees that we have covered in MGL Chapter 78. Being aware of the broad range of laws governing libraries, human resources, finance, and labor relations is essential. And an important best practice for librarians and library trustees.

MASSACHUSETTS LAWS PERTAINING TO LIBRARIES

It is advisable for trustees and the library director to acquire a familiarity with local, state and federal laws which may have an impact on library management by consulting with local municipal officials and other authorities.

Although there are many Massachusetts laws which could apply to library management, the following is a selective list of Massachusetts laws which have a broad impact on the board of trustees and which are particularly relevant to the general administration of Massachusetts public libraries. Full text of Massachusetts General Laws may be accessed online at http://www.malegislature.gov/Laws/GeneralLaws/Search.

A Selective List of Massachusetts Laws with Relevance to Libraries:

Accessibility of Public Buildings by Handicapped Persons (ch.22 §13A)
Anti-Discrimination Law (ch.151B)
Charitable Corporations (ch.180 §§1-11C, 26-26B)
Confidentiality of Library Records (ch.78 §7 ; ch.4 §7(26) ; ch.66 §10)
Conflict of Interest (ch.268A §§17-25)

Crimes in/against libraries:
Destruction or Mutilation of library Materials (ch.266 §§99, 100)
Theft of Library Materials (ch.266 §§99, 99A)
Disturbance of Libraries (ch.272 §41)
Harmful to Minors Act (ch.272 §§28, 31)

Funds:
General Receipt of Funds (ch.44 §53)
Receipt of Grants or Gifts (ch.44 §53A)
Replacement Funds (for lost or damaged materials) (ch.44 §53)
Revolving Funds (ch.44 §53E1/2)
Trust Funds (ch.44 §§54, 55B)

Labor Relations: Public Employees (ch.150E)
Liability (ch.258)
Public Libraries:
Establishment of Free Public Libraries (ch.78 §§1, 7-13)
Trustees of Town Libraries (ch.78 §§10-13)
Association/Corporation Libraries (ch.78 §§1, 13)
Board of Library Commissioners (ch.78 §§14-15, 19)
State Aid to Cities and Towns for Free Public Libraries (ch.78 §§19A,B)
Joint Libraries (ch.78 §11)
Written Policy for Selection of Materials (ch.78 §33)
Written Employment Contracts with Library Directors (ch.78 §34)

Open Meeting Law (ch.30A §§18-25)
Public Records (ch.66 §§1-18)

Information pertaining to this blog post can be found on pages 43-45 of the Massachusetts Public Library Trustee Handbook.

For more information about all services and resources available to trustees please visit the MBLC Trustee page (https://mblc.state.ma.us/for/trustees.php).

Have a question relating to your board? Contact Maura Deedy (maura.deedy@mass.gov) or Rob Favini (robert.favini@state.ma.us)

Best Practice for Trustees: Open Meeting Law

By Rob Favini, Head of Library Advisory and Development at the MBLC

The Open Meeting Law generates a lot of questions from trustees across the state. The most frequently asked is, “does this law apply to me?” The short answer is, yes! Public libraries in Massachusetts must adhere to open meeting laws. For corporation or association libraries that receiving ANY amount of municipal funding, following open meeting law is a basic best practice.

Below are links to resources available from Massachusetts Attorney General’s office. We recommend that all trustees review these materials to learn how the law applies to posting meetings, taking meeting minutes, executive sessions, and the use of email and social media.

Open Meeting Law
Public bodies, which generally include public library trustee boards, are required to comply with the Open Meeting Law (MGL ch. 30A, sec. 18-25), as enforced by the state Attorney General’s office. As noted in the AG’s Open Meeting Law Guide, “The purpose of the Open Meeting Law is to ensure transparency in the deliberations on which public policy is based. Because the democratic process depends on the public having knowledge about the considerations underlying governmental action, the Open Meeting Law requires, with some exceptions, that meetings of public bodies be open to the public.”

All library trustees should be familiar with the Open Meeting Law, which mandates meeting notices be posted prior to meetings of public boards, requires records or “minutes” of meetings to be kept, and delineates certain instances in which portions of meetings may be closed to the public. The Attorney General’s office has some helpful resources on their website, including the extremely useful Open Meeting Law Guide. Questions concerning the Open Meeting Law should be directed to the local Town Clerk or the Attorney General’s Division of Open Government (http://www.mass.gov/ago/government-resources/open-meeting-law).

Certain library boards, such as boards of some association libraries that are not municipal departments, may not be considered public bodies under the Open Meeting Law. If such a board is uncertain of whether it must comply with Open Meeting Law, the board should contact the Attorney General’s office directly for a determination. Some association/corporation libraries may be required to follow Open Meeting Law under agreement with the municipality that they serve. It is strongly recommended that all library boards follow the tenets of the Open Meeting Law, even if they are not required to by law. A board that practices openness and transparency will be better able to maintain a good relationship with the municipality and seek support from its community

Information regarding Open Meeting Law can be found on page 41 of the Massachusetts Public Library Trustee Handbook.

Have a question relating to your board? Contact Maura Deedy (maura.deedy@mass.gov) or Rob Favini (robert.favini@state.ma.us)

Please join us at the MBLC’s Trustee Institute, April 27th! For information and registration: https://mblc.libcal.com/event/5158107?hs=a

Best Practice for Trustees: Town and City Charters

By Rob Favini, Head of Library Advisory and Development at the MBLC

The laws that establish the authority and role of library trustees can be found in the Massachusetts General Laws Chapter 78. It is important to know that in some instances, state laws governing Libraries and trustees are superseded by local laws found in town and city charters. Trustees should be aware of all established and proposed local laws that pertain to the organization and management of their library. Today’s Trustee Handbook Focus looks at local charters and how they impact libraries.

TOWN AND CITY CHARTERS and HOME RULE PETITIONS

Some Massachusetts municipalities are governed by special legislation or a charter, components of which may or may not relate directly to the library. It is critical for trustees to know if their municipality has such a charter or has plans to implement one, and if so, how its provisions affect their library. While trustees have traditionally looked to Massachusetts General Laws Chapter 78 to delineate the rights and responsibilities of trustees to exert “custody and management” over public libraries, a local charter will take precedence over Massachusetts General Laws.

If your community is planning a charter change or adoption, make sure that at least one trustee becomes familiar with the charter reform process, and is informed every step of the way about proposed changes. A proactive board is a well-informed board which serves as a partner in the change process. It is much easier to keep unfortunate changes out of the charter than to try to fix problems after the fact. The following are issues which may not constitute the main thrust of the changes to the charter, but may somehow “sneak” in if trustees don’t pay careful attention:

  • Who will the director report to? In some towns, the town administrator has the authority to appoint department heads. Make sure that the power of the library board is not eroded; in other words, make sure it is spelled out in the charter that the board of trustees governs the library and appoints the director.
  • Will the library be grouped with other town departments for purposes of efficiency? The library could lose its status as a separate department, becoming combined with other departments which do not share common missions or organizational/operational methods.
  • Will all human resource functions be centralized? Under whose control? Trustees should help develop a municipal plan for the transfer of employees between departments. Make sure the library director has responsibility for the hiring, dismissal, and supervision of library personnel.
  • Any charter proposal should contain provisions specifying the duties and powers of the board of trustees. Make sure the board has control of the library’s budget, personnel issues, and policy making authority.
  • Another issue that might be introduced is the number and kind of trustees. Monitor for proposals that would change the way trustees are elected or appointed. Who has the authority to appoint trustees? Will there be ex-officio trustees (those appointed by virtue of their office, i.e. selectmen and clergy) who may change the constitution of the library board?

If your municipality is considering a charter or home rule change, it is imperative for your board to be involved and aware of the seriousness of the issues at stake. If charter reform, home rule petition or other effort is underway to revamp municipal power and decision-making, the library should get involved from the start to advocate for wording which exempts the library from being under the control of another municipal department or officer.

Trustee Tip!
Successful boards of trustees know what’s happening in their communities and are active players in the local political process. Remember that it is your responsibility as a trustee to advocate for the best possible library services and practices. Library boards that stay active and involved in community affairs yearround are better positioned to make their case for the library than boards that wait until “crunch time” to get involved.

Today’s Trustee Handbook Focus can be found on pages 39 – 41 of the Massachusetts Public Library Trustee Handbook.

For more information about all services and resources available to trustees please visit the MBLC Trustee page (https://mblc.state.ma.us/for/trustees.php).

Have a question relating to your board? Contact Maura Deedy (maura.deedy@mass.gov) or Rob Favini (robert.favini@state.ma.us)

Please join us at the MBLC’s Trustee Institute, April 27th! For information and registration: https://mblc.libcal.com/event/5158107?hs=a