Showing posts with label LibraryPolicies. Show all posts
Showing posts with label LibraryPolicies. Show all posts

Wednesday, January 28, 2026

Freedom to Read Act Incorporation Into School Policy Eliminates Local Control

Dear North Hunterdon-Voorhees School Board Members,


For weather-related reasons, I will not attend the Board of Education meeting Tuesday, January 27, 2026.  But I hereby submit comments nonetheless for your consideration.  I see you are having a "first reading."  So I suppose my comments would apply to that or to a possible "second reading."


[Read the 11pp proposed policy 6163.1 here.]

[Watch NHV BOE discuss the policy here.]


Easy suggestion first.  I'd like to tell you my experience obtaining the policy on the agenda so you can know how some might view it, or actually not view it, which is the problem I'll be addressing.


It did indeed take a bit of rooting around to finally find the page having the agenda.  Then the agenda says, "First Reading of Policy."  It's too general.  What policy?  It's under "Policy and School Security," so that tells me almost nothing.  I took a gamble and clicked on the link.  No real notice went to the public other than "first reading of policy."  It's almost like it's sneaking in or perhaps being hidden from people like me.  Only then did I finally see "Policy 6163.1 – Media Center/Library" and the changes to be made, then only if I scrolled down to the next page.  You really have to dig and maneuver to get to the point where you finally get the notice you should already have had from the agenda but it's not there.  The problem with this is, besides not providing notice in an understandable form, people who are casually involved in school workings may not ever get to the point of being properly noticed, while the regulars who already know one has to root around are at a significant advantage over casual viewers.  You could be discouraging casual viewers, let alone not providing adequate notice.  So that's just a suggestion for you to consider.


Another easy suggestion.  Existing policy requires people to state their name and address and affiliation, if any, before speaking.  At least in other states, that's a violation of state and federal constitutional rights to seek redress of the government and attorneys general have forced public bodies to drop such requirements.  Further, in modern times, that exposes people to potential harassment, and it gets recorded on video, so the exposure is perpetual.  American Library Association members, for example, file OPRA/FOIA requests for such information, then it is used in lawsuits, movies, whatever.  Such information should be clear that it is optional, not required.  Who knows, it might even cut back on the need to respond to OPRA requests if the information is simply not collected in the first place, thereby reducing any costs in researching and replying to such requests.


Now regarding the 6163.1 proposed media center, library policy:


1) The policy allows for electronic databases to be used, and they should.  However, some of these databases expose children to inappropriate material not allowed if such material were purchased in print for the school library.  The proposed policy does not account for that and it should.


2) The policy states, "Every student shall have access to a media collection containing materials appropriate to age level...."  Gender Queer is "age appropriate" but it otherwise is what Pico calls "pervasively vulgar or otherwise educationally unsuitable" so it may be removed from the library.  Playboy would be age appropriate, for example.  That is a weakness in the policy.  The policy would allow Gender Queer while Board of Education v. Pico, U.S. Supreme Court 1982 holds the exact opposite result and the book would be removed.


3) The former version of the policy said, "The superintendent has final responsibility for the selection of media center materials by professionally trained personnel including media specialists, teachers, principals and supervisors."  That's being removed.  The new policy eliminates the Superintendent and substitutes therefor the school librarian.  Under Pico, the Superintendent has the authority to immediately remove material that is pervasively vulgar or educationally unsuitable.  No review committee would be needed, saving everyone a ton of time and money.  Under the new policy, the school librarian now makes the decisions, not the Superintendent.  That eliminates the protections of Pico.  Further, nothing at all will ever be deemed as inappropriate by school librarians, other than works by conservatives or dead white males, a term I get from American Library Association directives.  The former school librarian for example, Martha Hickson, testified in Trenton, as shown in the new American Library Association film called "The Librarians," that, "in my professional role, there is no p*rn*graphy for minors in, uh, school libraries so there is no need to restrict it.  Book restrictions are, however, a form of censorship.  Your personal opinion about obscenity does not make it so."  Martha Hickson goes on to say, in response to what a legislator said, "fifth graders *have* p*nises."  So the change in the policy to eliminate the Superintendent and substitute in the school librarian will ensure that nothing ever gets removed.  Voting for this policy change is like voting for anything goes in the school library.  Librarians are trained by American Library Association that nothing is ever p*rn*graphy because only a lawyer or a judge can make that decision, and, as Martha Hickson testified, it will be claimed it's censorship to remove such material.


4) The policy does not disclose that Pico applies and California v. Miller, U.S. Supreme Court 1973, does not apply to school books.  The "as a whole" standard comes from the Miller case.  Miller does not apply in schools.  Pico does.  So, for example, a school may remove Gender Queer from a school library for being pervasively vulgar and/or educationally unsuitable.  Indeed Pico has been used repeatedly to remove that very book successfully.  Miller, on the other hand, would require Gender Queer to stay in the library, since "as a whole" it is not obscene, and only a judge can rule it as such anyway.  So under Pico, a Superintendent may remove Gender Queer immediately, and under Miller, Gender Queer will never be removed.  No book ever will be removed under Miller since Miller is almost never used to determine works to be obscene.  It would be a ridiculous endeavor since a case by case basis would be needed, precisely the reason why American Library Association holds it out as the gold standard when in reality it does not apply.


5) The policy is essentially a restatement of the NJ Freedom to Read Act, a law that will eventually be challenged and fail since it overrides Pico and N.J.S. 2C:34-3 Obscenity for Persons Under 18, at a minimum.  So I'll save the time of laying it out instance by instance but the comparison with FTRA shows it is essentially a copy, and FTRA was written by American Library Association in Chicago, IL.  Board members have an ethical duty to apply local law, not material written by outside special interests groups like American Library Association.  For example, the diversity and inclusion language as defined by American Library Association and included in the proposed policy and FTRA would make it so Gender Queer may not be removed, despite Pico, despite 2C:34-3.  So yet again, the policy ensures children will, by policy, be exposed to material that could otherwise be removed or not purchased, but for the policy.  As if the policy overrides New Jersey law and the U.S. Supreme Court.


6) The policy's removal request procedure is one recommended by American Library Association to intentionally a) drag out the process, b) cost money, c) provide the excuse that book reconsiderations waste money, d) asks leading questions of requesters to get them to say things not relevant to the review but that can be used to sink their request, e) unnecessarily narrows the pool of potential complainants.  I'm surprised it didn't put a multi-year limit on again requesting a review since Martha Hickson said it should be five years precisely to eliminate the constitutional rights to seek redress of the government for four years.


7) The inclusion of the parent in the review committee is an American Library Association ruse.  It's to make parents think their input is included.  In reality, however a parent votes, it is always overridden by the rest of the committee.  It's a ruse.  In a Florida case, three parents did a comprehensive review of three books and decided two stay but one goes.  They wrote a full report.  The committee ruled to keep all books without even considering the parents' input for which they worked so hard as part of the committee.  When the parents asked why their hard work was not even considered, the librarian on the committee said it wouldn't have mattered since the rest of the committee voted to retain all three books.  This is the very ruse that this new policy embeds.  I guarantee you all parental input on the committee will be ignored.  This will be at least the third way that absolutely nothing will ever be removed from the school library.  And it is all because Chicago's ALA has been working towards this goal for over 60 years.  If you vote for this policy, you vote for Chicago ALA policy and your kids will be harmed.  ALA is getting the school to play all these games at whatever time and expense just to cover up that nothing will ever be removed from the library.  Just skip over the charade and make the policy say nothing will ever be removed from the library, so don't ask, and don't complain, and that's it.  Done.


8) The policy says challenged material stays on the shelves until the challenge is finalized.  That language comes directly from American Library Association.  This is now a fourth way the children will remain exposed to inappropriate material despite Pico, 2C:34-3, and the Superintendent's previous ability to immediately remove materials under Pico.


9) The policy exempts from criminal and civil liability school librarians who violate 2C:34-3. By policy, poof, 2C:34-3 disappears.  Pico disappears.  Superintendents making appropriate decisions under Pico, poof, gone.  All by the proposed policy.


10) The policy does not cover the communications of the school librarian.  Former school librarian Martha Hickson used her personal Twitter account to conduct school business.  She even provided training to librarians nationwide while recording on school grounds presumably during school time specifically telling them to direct message her on her personal Twitter account.  Multiple OPRA requests for her communications were easily defeated by claiming there's no control over her personal accounts and she otherwise has no emails to disclose--because she did everything on her personal account.  That cannot be allowed to happen again.  Require that school business is conducted on school-supplied resources for the board's own good and for proper compliance with open government and records retention laws.  Consider making persistently conducting school business on personal accounts a terminable offense.  Librarians are trained to use Slack and Signal to circumvent parents, legislators, and the courts.  That must not be allowed and can be precluded by policy.  It should be added to the proposed policy, although it suffers from so much that it should be defeated.  Sure, let them use personal accounts for personal goals and friendships and general librarianship growth, but for school-related communications, that should be precluded.  Martha Hickson, for example, regularly communicated school business via her personal accounts with American Library Association.  That is precisely why 400 people came to school board meetings and overwhelmed the four locals, two of which now appear derisively in "The Librarians" by American Library Association.  The ALA president even gave a speech to all ALA membership that Martha Hickson was super important in ALA's imposing its way in North Hunterdon-Voorhees High School.  All done without any records exposed to open government laws or retained under government retention laws.  That has to be stopped.  If anyone wishes to engage American Library Association about school business, it must be via use of school communications means subject to New Jersey laws and board policy.


11) The policy doesn't even address the Mahmoud v. Taylor case, a significant U.S. Supreme Court decision from June 27, 2025, addressing parental rights, religious freedom, and the use of certain books in public elementary schools. Public schools cannot compel young children to participate in instruction or exposure to materials that interfere with religious upbringing in a significant way. The Court emphasized parental rights in directing the religious and moral development of their children.  American Library Association hates that case.  That's why it's not in the proposed policy.  The only parental rights present are a ruse, as previously stated.


12) "In selecting materials to recommend for purchase, the media specialist shall evaluate the existing collection and consult reputable, unbiased, professionally prepared selection aids, and specialists from all departments and/or all grade levels." This is specifically designed to use only reviews from ALA-approved sources including ALA's own Booklist.  It is specifically designed to disallow consideration of reviews from parental groups like RatedBooks dot org.  It embeds into the policy an anti parent policy. Did you know that ALA hated BookLooks dot org so much (a parental review site that no longer exists) that it created its own Book Résumés that's just like BookLooks only without the excerpts and graphics but with all the glowing reviews from the approved book review sites?  Did you know it was Martha Hickson who initially used NHV time, money, and servers to build what eventually got adopted by ALA as the new Book Résumés site?  So the proposed policy includes yet again another subtle but present anti parent policy.


13) Limiting access to children to developmentally appropriate material is not censorship.  


14) Books may have s*xualized content but it's not noted in Scholastic reviews and the like.  The policy does not address that.  


15) Nor does the policy address librarians making available websites that provide access to the very material school policy otherwise precludes.


So what we have in the new policy is the wording from the Freedom to Read Act from Chicago's American Library Association that has been working for 60-plus years to eliminate parental rights and indoctrinate children, crystallized into a policy that was essentially hidden on the agenda page, all to ensure children by policy get indoctrinated and s*xua*lized per ALA diktat.  And the policy lacks significant protections and allowances for parental rights.


I have no clue who came up with the wording for the proposed changes, but that person or those persons did what's best for American Library Association, and the school children be damned.


Don't be angry with the way I worded things or what other board members may say about me.  Set that aside.  For the children, consider what I have said and consider if you really truly want this proposed policy 6163.1 to be applied to your school and your school children and your school parents.  


Your policy should allow your Superintendent to remove books like Gender Queer and if it doesn't, something's off.  Recall the whole multi-year battle over the books started when the Superintendent told Martha Hickson to remove a certain book, and Martha Hickson went immediately to American Library Association, got them instantly engaged, then intimidated the Superintendent into backing down from his request.  The ALA bullying was nonstop after that.  And it continues to this day with the proposed wording of policy 6163.1.


Thank you for your anticipated consideration of these matters.


Dan Kleinman



Dear NHV Board of Ed,

I hereby add additional information based on new information just received, then one additional comment.

Beth Bourne has published on X https://x.com/bourne_beth2345/status/2015961359180300604?s=61 that the California Freedom to Read Act is causing librarians to admit nothing will ever again be removed from a library no matter how inappropriate.  She includes a video of the librarians not caring a whit about harm to the children.  

This is directly applicable to proposed policy 6163.1 since the proposed policy is essentially a mini version of the New Jersey Freedom to Read Act.  So you can see the similarity between the California and the New Jersey version, because American Library Association wrote them both, and whomever wrote the proposed policy also inserted the American Library Association wish list that means "no restrictions for children."

As I stated in my original email this morning, the proposed policy implements the NJ FTRA so it will ensure school children are indoctrinated and s*xualized per ALA via NHV BOE school policy.

Here is what Beth Bourne wrote, an analogous confirmation from a California public library:

🚨🚨UNREAL: Yesterday I asked the indoctrinated far-left librarians in Davis why they want kids to access s[*]xually-explicit books that encourage p[*]rn consumption, like “Let’s Talk About It.”

The library manager said the recent passing of “California Freedom to Read Act” (AB 1825) means no restrictions for children.
 
The librarians also seemed fine with predatory men self-identifying into the Women’s Restroom.

To prove the stupidity of the policy, I identified as a man and walked into the Men’s Restroom.

You can’t hate @GavinNewsom and @TheDemocrats enough. 
“The California Freedom to Read Act (AB 1825), signed in September 2024 and effective January 2025, requires public libraries receiving state funds to adopt written collection development policies by January 1, 2026, to prevent book bans.

It prohibits removing materials based on topics or views, protects library staff from retaliation, and forbids restricting access based on age or background.”

Why do children need to be indoctrinated into radical queer theory and transgenderism?
Davis branch library in Yolo County, CA near Sacramento.

While I am writing with that new information, here is an additional problem with the proposed policy.

16)  Policy 6163.1 should provide for parents what the librarians and school teachers already have, namely, access to a database of all holdings in the school library and all holdings in classroom libraries, sorted by classroom.  Full transparency is the key here.  How can parents exercise constitutional rights if they are kept in the dark about school and classroom library contents?  Martha Hickson even put up black paper on the library windows to prevent anyone from looking in.  I entered the library once for a few minutes when it was open and was accused of criminal activity for breaking into the library after hours, supposedly.  Why the secrecy?  Why the reaction if gosh forbid a parent gets inside the library?  Why the OPRA request for library security camera videos to see the alleged crime?  How will parents know what's in the library if some policy does not require full access and if the library windows and classroom libraries are kept out of sight?

And this suggestion is also based on new information since I wrote this morning:

17) Policy 6163.1 should include a means to perform appropriate background checks on possible school librarian candidates, including psychological examinations.  Times have changed and librarians have turned dark.  Such people should be weeded out.  I won't list names but one librarian has just been arrested for threatening the President.  Another one threatened the President but has not yet been arrested.  Others threaten Elon Musk with death.  School librarians.  Martha Hickson herself posted about 8647, so yet another threat to the President, right from the former school librarian who first ran to American Library Association and caused all the problems in the first place.  Granted she was retired at the time of the threat.  A library director in Louisiana was recorded days ago telling a patron that her "d*ck" was bigger than his so he should "s*ck" hers.  Multiple librarians are involved in what's called ICE protests but is really part of a planned insurrection against the American government.  Oh yes, Martha Hickson is one.  Such people should not be hired.  The policy should weed them out, perhaps even allow for their removal if such behavior occurs during employment.  Any investigation should include their social media.  Many adults working in the public school system suffer from one or more mental health issues.  The proposed policy leaves out that these kinds of people should not be anywhere near children, and there's no mention of anything at all to prevent such possible disasters.  The Boy Scouts say "Be Prepared."  The proposed changes to policy 6163.1 leaves on the blindfolds.

Thank you for these additional considerations.  You're in charge.  You need to do the right thing now by setting appropriate policy.  The proposed policy is a disaster waiting to happen.

URL of this page: 




Friday, September 30, 2016

Freedom to Read/Intellectual Freedom Violated at Orland Park Public Library

Dear Orland Park Public Library Board of Trustees,

I have read several letters to the editor in the Orland Park Prairie recently and I have been contacted by members of the Orland Park community and library patrons who accuse the OPPL of censorship and book-banning that seems inconsistent with the OPPL being awarded the 2014 Downs Award by the "iSchool" at the University of Illinois at Champagne-Urbana (an award that the OPPL made a lot of fanfare about in 2015 when Bridget Bittman was still the OPPL's spokesman). 

Today, 8/30/16, the OPPL produced responsive to FOIA requests documentation (see attached) that the book SHUT UP!: The Bizarre War that One Public Library Waged Against the First Amendment has been requested by OPPL patrons to be added to the Library's collection. As you well know, Megan Fox and I co-authored this book, which is a detailed account of years' worth of wrongdoing that was allowed to continue at the OPPL with Mary Weimar as its Director. 

SHUT UP! is currently on the shelves at the Chicago Public Library, the State Library in Springfield, the Tinley Park and Mokena public libraries, and other public libraries in Illinois. It meets all requirements for purchase by public libraries and inclusion in collections and has been reviewed favorably on WorldCat, GoodReads, and Amazon. Additionally, a free copy of SHUT UP! has been offered to the OPPL for donation by more than one individual. Mrs. Fox and myself would, of course, also be happy to gift the OPPL with an autographed copy of our book if the OPPL would accept it for its collection and place it on its shelves as the Chicago Public Library and other libraries have done. This way, members of the Orland Park community would be able to read our book as a first person account of everything that Mary Weimar, Bridget Bittman, and OPPL Trustees such as Diane Jennings chose to do beginning in 2013 to trample the First Amendment rights of the public and discourage public participation in government affairs in Orland Park. 

Andrew Masura -- one of the OPPL staffers whose wrongdoing was highlighted in the book alongside that of Weimar, Bittman, and Jennings -- apparently is one of the OPPL staffers banning/censoring the book from the OPPL's collection (see attached documentation). Should he be allowed to do that? Since Mr. Masura is himself one of the subjects of our book, should Mr. Masura be personally involved in banning/censoring our book from the collection and keeping it off the OPPL's shelves? In my eyes, that's a clear conflict of interests on Mr. Masura's part, as he is the subject of at least one whole chapter in the book that he is now banning. 

Should any of the individuals whose documented wrongdoing is exposed in our book be allowed to ban the book from a library's shelves and prevent the public from reading it, just because they disagree with the book's authors or they are embarrassed that their wrongdoing was the subject of our investigative work? The OPPL is violating its own "Freedom to Read" policies, as said policies prohibit OPPL staff from banning/censoring a book just because staff members at the OPPL do not like a book's authors or agree politically with a book's content

Here, we have the Orland Park Public Library, which for several years has claimed that it must allow men to view pornography and masturbate on public computers "because of the First Amendment." The OPPL bragged about winning the 2014 Downs Award for "intellectual freedom," sending Mary Weimar, Nancy Wendt Healy, and Bridget Bittman to the ALA's Midwinter Conference at taxpayer expense in Chicago in January 2015 to pose for a photograph and accept the Downs Award. The University of Illinois faculty and staff made a big production of awarding the OPPL for its "intellection freedom"...but shouldn't that award be revoked for the OPPL's documented act of book-banning and censorship when it comes to the matter at hand? 

"patron accused of viewing child
pornography at public internet station"
Here in 2016, the OPPL is documented to be refusing to carry on its shelves a book about the OPPL itself and about the poor decisions and reprehensible behavior of Orland Park officials such as Police Chief Timothy J. McCarthy and now-Assistant Village Manager Joe LaMargo. The very same people who claim they have to continue allowing lewd behavior in a public building "because of the First Amendment" and who annually participate in the American Library Association's farcical "Banned Books Week" have been caught banning a book that is highly critical of the Orland Park Public Library Board of Trustees, its Director Mary Weimar, the odious law firm Klein Thorpe Jenkins, and corrupt public officials in the Village of Orland Park

When public employees ban a book from a library's shelves because the public employees in question do not want people in the community to read that book, that is book-banning and censorship.  The attached documents have Mary Weimar and Andrew Masura busted on book-banning, which in my opinion makes the University of Illinois look incredibly foolish for awarding the OPPL that Downs Award. 

Do any of you involved in this travesty have anything to say for yourselves or wish to comment on this obvious hypocrisy? With Banned Books Week fast approaching, I hope you can appreciate the irony that the 2014 Downs Award-winning library has been caught so clearly engaging in book-banning and abridging the very same intellectual freedom and "Freedom to Read" that the Downs Award is supposed to celebrate. How shameful!

I petition the Orland Park Public Library Board of Trustees to reconsider its stance on this book-banning and rectify this matter. Keeping a book you don't like off your shelves when library cardholders have asked you to carry the book is grotesquely hypocritical for a public library that markets itself as "award-winning" in the realm of "intellectual freedom."  

Kevin DuJan


******************************************************************
MEDIA CREDENTIAL
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Story Time Digital Media is a digital news service in electronic format presenting video content and in-depth articles to the public (free of charge) as well as newsletters distributed to the public on a regular rolling basis. Our focus is on topics pertaining to the welfare and safety of children and being a watchdog exposing government abuse, graft, and corruption in the state of Illinois and nationally. We are experts on government transparency laws, the Freedom of Information Act, the Open Meetings Act, the Illinois Local Library Act, and the First Amendment Right to Petition our government for change and redress of grievances. Read our new book SHUT UP! The Bizarre War that One Public Library Waged Against the First Amendment, about the pattern of abuse and intimidation that the Orland Park Public Library engaged in to silence and censor its critics and attempt to chill the Free Speech and other protected activity of investigative reporters who uncovered unreported crimes happening in what had become a dangerous place for children. SHUT UP! is available now on Amazon.com and has been targeted for suppression, censoring, and banning by members of the American Library Association who do not want people to know the truth about the ALA or its Office for Intellectual Freedom. 

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Elected Library Trustee Diane Jennings admits to making gay slurs.



VIOLATION of Freedom to Read/Intellectual Freedom Policy at Orland Park Public Library

Story Time Tue, Aug 30, 2016 at 6:00 PM


To: Joanna Leafblad , "nhealy@orlandparklibrary.org" , "Diane I. Jennings" , Christian Barcelona , Elan Kleis , "Catherine M. Lebert" , "Denis P. Ryan" , Mary Adamowski , "Mary K. Weimar"


Cc: Bill Jones , Heather Warthen , Joe Coughlin , "Zumbach, Lauren" , cashwill@illinois.edu, ischool-dean@illinois.edu, weech@illinois.edu, Joseph La Margo , dmclaughlin@orland-park.il.us, LMcQueary@orland-park.il.us


NOTES ADDED BY DAN:

University of Illinois gave that "Intellectual Freedom" award to OPPL, on the urging of ALA's Office for Intellectual Freedom.  Remember, the award was granted for passing a policy allowing child pornography viewing.  The policy was passed during a holiday in violation of the law as determined by the Illinois Attorney General.  Adequate notice was not given to the public, as required by law.  When the public did attend—in part because of me noticing the announcement in the Chicago Tribune the day before—the child porn whistleblower tried to speak up about meeting during a legal holiday but was waved away and silenced.

What a laughingstock, another Banned Book Week hoax/hypocrisy.  Hoax that Banned Books Week is, the University of Illinois is a clear patsy for ALA and is all the more laughable therefor.  Library schools teach ALA propaganda.  No wonder they get ALA accredited.

Note that Kevin DuJan attended the ALA Midwinter meeting where the award was presented precisely to see OPPL bragging about the "Intellectual Freedom" award at a ceremony open to the Midwinter meeting's attendees, of which Mr. DuJan was one, but ALA found one reason after the next to block Mr. DuJan from attending the meeting that was literally about him.  Censorship runs deep at ALA, even to the point of denying entrance to a man who paid precisely to attend this meeting that was about him.  I know he paid for it because I was one who paid his entrance fee.

Here is a picture of ALA bragging about the library winning this award, that ALA recommended, as if violating the law (sunshine law and state library and criminal laws) and allowing/covering up child pornography is "intellectual freedom" or "simply trying to do their job" or "remain[ing] steadfast in its support for the freedom to read":




Source: "Freedom to Read Foundation News," by Freedom to Read Foundation, American Library Association, Vol. 40, No. 1, March 2015, pp. 6-7.

So ALA arranged for the award, touted the award, blocked the child porn whistleblower from attending the public meeting, ignored the Illinois Attorney General finding the meeting to be illegal, and all to equate child pornography viewing with the "freedom to read" and "intellectual freedom," all to protect ALA's policy as applied in public libraries, this time in the ALA suburb of Orland Park.

The award was literally for an illegal act that in Illinois is a crime and it was officially declared a crime.  This is the award-winning library that is blocking access to the book about the library's support for child pornography viewing with the guidance of ALA, the creator of the Banned Books Week hoax.  This is the kind of banned book ALA will never track and never announce.

By the way, all this is going in a case where the library still makes child pornography available to the public and still follows ALA directives to destroy the evidence.  Further, ALA is involved in allowing, covering up, and supporting the use of homophobia, including ordering librarians to defy records retention laws and destroy the evidence of homophobia.

Librarians are so keen to keep people from reading the book that they will even go on Amazon and leave fake negative reviews to tank sales, even if that violates the code of conduct at the library schools they attend.

Yet the book has already had the salutary effect of forcing the American Library Association to stop facilitating child pornography in public libraries are decades of doing so.

A simple look at the library's own policy shows it is knowingly committing censorship and book banning under the circumstances:
Collection Development Policy 
Introduction 
The Orland Park Public Library Board of Trustees supports the Library Bill of Rights and the American Library Association’s Freedom to Read and Freedom to View Statements. (See Section A of Policy Manual) 
It is the goal of the Orland Park Public Library to meet the informational, educational, cultural, inspirational, and recreational needs of the residents of Orland Park. The library recognizes the needs of the community are of primary importance in selection. This is a diverse community and each individual’s needs will be considered in conjunction with the needs of the community as a whole. An effort is made to include information representing all sides of controversial issues as such material becomes available. The criteria for the selection of controversial materials are the same as for any other materials.
.... 
Objectives in Materials Selections 
The general objectives in materials selection are to carry out the library’s goals of providing the community with a variety of formats to meet their informational, educational, cultural, inspirational and recreational needs. 
Here two published letters to the editor of the Orland Park Prairie, as discussed above, reprinted as fair use, and as referenced in the 8/30/2016 FOIA response from OPPL cited by Mr. DuJan:


OPPL Hypocritical to Ban New Book

Orland Park Prairie
August 27, 2016

I was troubled to read an article recently that alleged that the Orland Park Public Library was banning a new book that is critical of the library. To me, this sounds like censorship and also a violation of the library’s own intellectual freedom policy. I think it also goes against the spirit of Banned Books Week, which is an event that the OPPL participates in annually.

The book in question is called “SHUT UP!: The Bizarre War that One Public Library Waged Against the First Amendment.” The article I read stated that several requests were made from Orland Park residents asking the library to carry this book, and I am personally aware of at least one library cardholder who has persistently asked the library to carry the book. The OPPL has refused to allow the book into its collection, despite offers to donate a copy of the book to the library and demonstrated community interest in the book.

Since the book is carried by the Chicago Public Library and other libraries in the area, such as Tinley Park and Bellwood, I am left to assume that the staff at the OPPL has decided to engage in what I feel is viewpoint discrimination. “SHUT UP!” is a primary source account what transpired in our library in recent years, including reprints of incident reports and legal documents involved in complaints made against the library and its staff. The authors of “SHUT UP!” won several high-profile determinations against the library by the Attorney General and received court settlements.

The residents of Orland Park deserve the opportunity to read this account of what went on in our library that led to the squandering of money on legal battles. In my opinion, library staff should not be able to ban a book from its shelves because they do not like the contents of the book or because it might embarrass them. In keeping “SHUT UP!” off its shelves, the OPPL feels like it is trying to keep the truth from taxpayers about what’s been going on in there.

Jean Morrow

Orland Park resident



OPPL Silencing Its Critics by Banning Book From Shelves

Orland Park Prairie
August 27, 2016

Although the Orland Park Public Library Director Mary Weimar accepted the 2014 Intellectual Freedom (of censorship) Award, she reserves the right to ban materials with a differing opinion.

I was informed by Andrew Masura, head of Adult Services, that “Shut Up! The Bizarre War that One Public Library Waged Against the First Amendment” “does not meet the standards for selection, as defined in the policy.” The brief “Standards for Selection” policy include this sentence, “No library material shall be excluded because of the race, nationality, political or social views of the creator.”

Despite requests from patrons that the book be carried and the Library being offered a free copy for the community to read, the OPPL has chosen again to silence critics and cover up [indecent behaviors].

I see “Shut Up!” as a how-to book in dealing with runaway government entities.  Megan Fox and Kevin DuJan thoroughly document two years of verbal and physical attacks by library staff, trustees, and their family members since an Oct. 8, 2013, library visit to print out homeschooling materials revealed shocking behaviors.

We have a runaway board. Another example is lavish spending for Robin Wagner and Jason Rock to attend a San Francisco conference amounting to $3,655.18, plus salaries for four days. Both left their positions, assistant director and virtual services manager, in 2-3 months. (Safe Libraries, May 9, 2016)

I have been attending Orland Library Board meetings 2 1/2 years but learned so much more from the pages of “Shut Up!” Fox and DuJan are dedicated and persistent in their fight for citizens’ rights in an era of Big Government.

I do expect adherence to Village ordinances and State statutes in public buildings, merely common decency. I bought three books, keeping one for myself to highlight and make notes. Residents, we need to step up and speak out. Let’s put the “public” back into Orland Park Public Library!

Nanc Junker

Orland Park



Lastly, see also:




URL of this page:
safelibraries.blogspot.com/2016/08/freedom-to-read-hoax.html

On Twitter:
@ALALibrary @HillBuzz @iSchoolUI @MeganFoxWriter @OPPrairie @OrlandPkLibrary @VillageOrlandPk

Tuesday, May 24, 2016

Librarian of Congress Nominee Carla Hayden Misleads Congress But Speaks Truth About Filtering

Librarian of Congress nominee Carla Hayden misleads Congress but also speaks the truth about Internet filtering.  On 20 April 2016, she appeared before the United States Senate Committee on Rules and Administration.  She spoke with Chairman Senator Roy Blunt at the confirmation hearing about the American Library Association [ALA] on matters regarding child safety and the Internet.  She is the former ALA President who presided when the US Supreme Court decided United States v. American Library Association, 539 US 194 (2003).  US v. ALA ruled there is no First Amendment right to Internet pornography in public libraries.

Below is a transcript of a portion of her testimony, followed by how she misled Congress and what she said that was right.  She should not be confirmed.

Here is video of the portion of the testimony transcribed below:


TRANSCRIPT OF DR. CARLA HAYDEN, 20 APRIL 2016

Senator Roy Blunt:
Got a couple of other questions. You know, being the President of the American Library Association is I'm sure a great honor, but maybe not an unmixed blessing because suddenly you’re responsible for everything that's being talked about as part of the Association. There a couple of, couple areas of criticism that you and I have talked about and I'd like to get your response to those on the record today. One was when the, when the Congress passed the Children's Internet Protection Act, um, the, uh, American Library Association challenged the constitutionality of that arguing that it violated, uh, the First Amendment. And I know beginning then as a leader of the national organization through really, up till now you’ve, you’ve commented on this several times, but, you wanna talk about that whole issue of, uh, what kind of violation that would have been and then the issue of what kinds of things need to happen in a library to be sure the children don't have access to material that we wouldn't want children to have access to, and then how often you have to revisit that whole concept?

Dr. Carla Hayden:
I really appreciate, um, that question, Senator, because there's been quite a bit of just misinterpretation of the Library Association’s position during that time.  That was in 2003/2004, and at that time the filters that would have been required, um, for libraries to install were found to prohibit access to very important health information and the most notable at that time was breast cancer. And since that time, um, the technology has improved and the filters that are installed to receive federal funding in my, my library, The Pratt Library, and in its state role has installed filters, have improved, and the need to be vigilant is also something that libraries are doing in not only to the technological aspect but just plain physical arrangements of computers, making sure that there are face-out positioning of computer monitors, as well as very few, if any, cubicles that contain computers as well. And education and making sure that people know that pornography is illegal and we do not support that in any shape or form.

Senator Roy Blunt:
So you don’t think, you don't think that pornography, illegal, as you described it, has a place in the library?

Dr. Carla Hayden:
Not online, no.

Senator Roy Blunt:
And there are at the same time, things in lib-, in the library that aren't appropriate for everybody that visits the library to see.

Dr. Carla Hayden:
Right. And, Senator, the way you, um, described it is, is, is exactly the way that libraries even design their buildings and the furniture and making sure there’s even signage that, uh, unaccompanied adults in children sections are, um, are going to be questioned. There are so many safety measures that are put in public libraries and even college and university libraries to make sure that, um, minors are safe and that they are not exposed to, um, objectionable material, as far as we can prevent.

Senator Roy Blunt:
And while your final degree was a Ph.D. from the University of Chicago, a very highly respected institution, your, a lot of your early work was as a children's librarian, a lot of early focus was that, so these are issues that you have always cared about?

Dr. Carla Hayden:
Yes, and its been, um, interesting to see how, and I mentioned earlier, with the, uh, "C" for caution with copyright, that if you pay attention in the front end that it sometimes really helps in terms of later and working with young people and seeing what imagination can be sparked. 3D printers now are in libraries and that’s the perfect time to let young people know that all of this information that you can now get on your device is not free for you to use and just, uh, put your name on it. So, I've been very involved in youth issues for quite a while.

Senator Roy Blunt:
Well I thought, I thought, uh, just the example you gave of how you early on expressed to somebody the importance of their own creative work was an indication of the way you would approach a number of these issues. On another, uh, thing from the American Library Association, when the PATRIOT Act was passed, um, librarians objected to a particular part of that and, in fact fact, the law was changed I think for what's now called the Librarian's Provision. You wanna talk about that a little bit?

Dr. Carla Hayden:
Yes, that was a, um, quite a time, that was also in 2003/2004, and the entire nation was concerned about security, and it was a time of great apprehension and people were going into libraries to find information about all of the different aspects of what was going on and the library community was just conc-, very concerned that in the quest for, um, security and making sure, uh, that we were all safe that the public's rights were also considered as well. And since that time there have been a number of reforms to the PATRIOT Act with the approval of Congress that have helped alleviate the library communities concerns and we are, and I think I can also, uh, say that the American Library Association is, um, very pleased at the progress that’s been made to balance security and personal rights.

Senator Roy Blunt:
And so would an example of that, Dr. Hayden, would an example of that be under that, uh, under that original discussion there was some thought that law enforcement might be able to come in and just say we'd like to look through your records and see who's been looking at certain books, certain, looking up certain things, or even we'd like to look at a certain person’s, uh library record, without a court saying that that was necessary, was that the concern?

Dr. Carla Hayden:
That was um the the basis of it, and especially the bulk collection of information about who was interested in a subject. What we were concerned about and especially at that time in 2003/2004, that interest in a subject would be or could be misinterpreted as intent to do something. So interest and intent were not equal, we were saying.

Senator Roy Blunt:
I think that's um, that’s a position I believe the country has generally come, come to, and I think your explanation of 2002 and 3 was also a good one that everybody’s trying to figure out what, what can we do to stop this from happening again and sometimes that requires a lengthy discussion as to the right way to do that. Any, uh, follow up questions, Senator Cochran, Senator Boozman? Well, we will, um, have the record open until the time I announced earlier for, uh, additional questions. Anything you want to add, Dr. Hayden, that you wished had been asked that wasn't, any topic, uh, you wanna cover?

Dr. Carla Hayden:
Well, I had a few. Uh, and I, I just wanted though to, to thank everyone, um, for their support and for your consideration, um, Mr. Chairman, and, um, I really appreciate this opportunity and to be nominated it as a librarian, a career, career librarian, I must tell you this one of the highest honors and I thank you for this opportunity.

Senator Roy Blunt:
Thank you. This hearing’s adjourned.


HOW DR. CARLA HAYDEN MISLED CONGRESS

Dr. Carla Hayden materially misled Congress by saying ALA is about "making sure that people know that pornography is illegal and we do not support that in any shape or form."  That is false.

ALA's position is not that pornography is illegal.  Rather, it is that pornography has no legal definition ("The word 'pornography' has no meaning in the law, and there is no agreed-upon definition for the term.").  As James LaRue, the Director of ALA's Office for Intellectual Freedom wrote to me just yesterday, "you should know by now that THERE IS NO LEGAL DEFINITION OF PORNOGRAPHY."  Emphasis his.  It's as if US v. ALA doesn't exist.

So for Carla Hayden to say the ALA is about making sure "people know that pornography is illegal" is simply false.  Had she told the truth of ALA's position, that pornography has no legal definition therefore librarians must not take action to block it, she would have portrayed ALA as the extremist organization it is with her as its former extremist leader.  This is why she lied.  She wants to get into the Librarian of Congress position, and from there she can force the ALA worldview on the entire nation, not just public and school libraries.

Even Senator Roy Blunt picked up on her claim ALA is concerned about "making sure that people know that pornography is illegal" as he followed up saying, "So you don’t think, you don't think that pornography, illegal, as you described it, has a place in the library?"  Carla Hayden responded, "not online, no."

Also, librarians will not protect children from pornography, only parents ("What About Protecting Children From Pornography, Whether Or Not It Is Legally Obscene?  The primary responsibility for rearing children rests with parents. If parents want to keep certain ideas or forms of expression away from their children, they must assume the responsibility for shielding those children. Governmental institutions cannot be expected to usurp or interfere with parental obligations and responsibilities when it comes to deciding what a child may read or view.")  Even ALA's so-called "Library Bill of Rights" makes it age discrimination for librarians to keep any material whatsoever from children.

ALA is so extreme that it trains librarians not to report child pornography!  The source comes directly from ALA:


Libraries and librarians are not in a position to make those decisions for library users or for citizens generally. Only courts have constitutional authority to determine, in accordance with due process, what materials are obscenity, child pornography, or “harmful to minors.”
....
As for obscenity and child pornography, prosecutors and police have adequate tools to enforce criminal laws.  Libraries are not a component of law enforcement efforts naturally directed toward the source, i.e., the publishers, of such material.
So, straight from ALA's "Guidelines and Considerations for Developing a Public Library Internet Use Policy," librarians are or have been trained they are in no position to decide what is child pornography.

Based on that (they are not judges) it tells them not to help the police. Still more policy (not shown above) tells them to delete public records such as browser histories precisely to thwart the police.

ALA plays a game. "Only courts have constitutional authority to determine, in accordance with due process, what materials are ... child pornography...."  That is an impossible standard.  Impossible.  Why?  Because the standard requires that a judge determine if a web site is child porn before a librarian may also determine whether it is child porn by following the judge's lead.  Sounds good, right?  It's not.  There are hundreds of thousands of child porn web sites.  There would have to be hundreds of thousands of completed cases to find them to be child porn.  That is an impossible standard.  It will never happen.  In the infinitely impossible chance that it would, perhaps via class action or mass tort liability, by that time another hundred thousand sites would replace those.

It is just ridiculous to demand that a librarian may only determine what is a child porn site if a court first makes that decision.  Yet Carla Hayden says ALA is about "making sure that people know that pornography is illegal and we do not support that in any shape or form."  That is false and it is knowingly false given has was ALA's former leader and her statements were intended to mislead Congress about ALA so her nomination would be confirmed.  Then she would be in a position to apply ALA's extremist child pornography views to the nation as a whole.

To exemplify the seriousness of the matter, libraries are following ALA's guidance and covering up instances of child pornography.  One such library did that in Illinois.  Here is its legal council advising the library not to report child porn viewing and instead protect the patron privacy of the child porn viewers:
Were Carla Hayden to have told Congress the truth, she would have said ALA advises librarians not to report child pornography, not to help the police, and protect the patron privacy rights of the child porn viewers.  Had she said that, the nation would have had an eye opening and shocking moment of truth, and she would never be confirmed for Librarian of Congress.  Instead, she lied, saying ALA wants to "mak[e] sure that people know that pornography is illegal and we do not support that in any shape or form."

So Carla Hayden successfully lied about ALA, saying what the public believes but not what she knows is happening since she once led the effort to mislead the public as ALA's president, thereby accomplishing two goals.  She ensured people will stay ignorant of the harm caused by the extremist ALA, and she is setting herself up to be confirmed as Librarian of Congress where she will spread ALA's pro-child porn policy nationwide and no one will lift a finger to stop her.

Later she says, "There are so many safety measures that are put in public libraries and even college and university libraries to make sure that, um, minors are safe and that they are not exposed to, um, objectionable material, as far as we can prevent."  As explained above and supported with sources from ALA itself, that is just false.  ALA has no concern in the slightest for the safety of minors.  After ALA ensured a library in Illinois retained Playboy magazine despite an unanimous government asking the library to stop buying the magazine since it was making it available to children, ALA's de facto leader Judith Krug told the Chicago Tribune, "I get very concerned when we start hearing people who want to convert this country into a safe place for children."

That's the true ALA.  Not the false picture Carla Hayden portrayed to make ALA look good and to mislead Congress into confirming her nomination for Librarian of Congress.

And libraries are true to ALA.  One library in New Jersey had a complaint from a mother about her eleven-year-old boy seeing hardcore pornography in the children's section of the library.  The library reacted by blaming the boy and holding secret meetings in violation of state sunshine laws to insert ALA's pro child-porn policies into its own policy to ensure children could continue to access pornography on the computers in the children' section.  The library even destroyed public records in violation of yet another law to thwart the application of more state sunshine laws.  And the policy changes it made in secret where the exact recommendations of ALA, almost word for word.  I filed suit against this library, the case is still open, and the children still get access to hardcore porn in the children's section.

So when Carla Hayden says, "There are so many safety measures that are put in public libraries and even college and university libraries to make sure that, um, minors are safe and that they are not exposed to, um, objectionable material, as far as we can prevent," that is knowingly and purposefully false.

Again, had she said the truth, that ALA regards minors exactly as adults and allows them to access Internet pornography despite state laws that instantiate libraries preventing that, and despite the US Supreme Court and common sense, she would have shocked the nation and would never be confirmed.


WHAT DR. CARLA HAYDEN GOT RIGHT

Dr. Carla Hayden did get some things absolutely correct and in that regard she was honest.  However, she knows ALA's position is the exact opposite, knows she would look extremist if she stated ALA's true position, and she would never be confirmed as no one wants a Librarian of Congress who intentionally and secretively lowers the barriers between children and inappropriate material.

So Carla Hayden said, "right," when asked if "there are ... things ... in the library that aren't appropriate for everybody that visits the library to see."  Were she truthful, she would have expressed her adherence to the "Library Bill of Rights" and said librarians only provide material, they do not make age distinctions.

Here's what Dr. Hayden got right::
That was in 2003/2004, and at that time the filters that would have been required, um, for libraries to install were found to prohibit access to very important health information and the most notable at that time was breast cancer. And since that time, um, the technology has improved and the filters that are installed to receive federal funding in my, my library, The Pratt Library, and in its state role has installed filters, have improved....
That's right!  Internet filters have greatly improved in a dozen years.  They no longer block breast cancer research, for example.  Carla Hayden is right to say that.

But she is misleading in that she does not reveal ALA tells people the opposite, that filters do not work, and that libraries should not use them.

Here again is that Illinois library mentioned above telling the public that filters block breast cancer:
Bittman said filters would not only limit a patron’s rights, they could ban access to sites college students or people doing research might need to access. Being denied access to the word “breast” might prevent a person from looking up breast cancer, for example, she said.
And that statement was after ALA was forced to admit filters no longer block breast cancer research: "Ross Reynolds (9:05):  Back to you, uh, Barbara Jones, uh, Dean [Marney who won state and federal library filtering cases] says he's got filtering software there that just works perfectly.  Barbara Jones (9:12):  Um, I would like to say that, yeah, the breast cancer example probably is kinda old these days…."

Yet to this day ALA still says, "Filtering in Libraries Causes Patron Needs to Go Unmet."

Carla Hayden, while correctly saying Internet filters nowadays work well, completely ignores that ALA misleads people into thinking they do not.  A third of libraries across the nation follow ALA's erroneous advice and leave children exposed to harm, according to CIPA's author.

And ALA will not change its position on Internet filters even after Carla Hayden said the "technology has improved" and library filters no longer "prohibit access to very important health information [including] breast cancer."

What Carla Hayden said was just for public consumption; it will have no effect on ALA and Dr. Hayden knows that but chose to mislead Congress anyway.


CONCLUSION: SHE WOULD NOT BE CONFIRMED HAD SHE TOLD THE TRUTH

Carla Hayden made materially false statements to Congress to make her ALA look mainstream and herself look like a reasonable choice for Librarian of Congress as a result.  She should not be confirmed.  She would not be confirmed had she told the truth.

She made statements about Internet filtering and about concern for child safety that are truthful but that go directly counter to the misinformation ALA currently uses to mislead communities into facilitating child pornography nationwide.  Those statements should be used to counteract ALA's ability to mislead communities, to shine light on what libraries are supposed to be, not what they have become under ALA's worldview.

But Carla Hayden chose to mislead Congress as she did.  She should not be confirmed.  Another nominee should be found, one who is honest and who is not looking at the Librarian of Congress position as a means to further spread the extremist, pro-child porn policies of the American Library Association.


NOTE ADDED 28 MAY 2016:

Updated link to US v. ALA.


NOTE ADDED 30 MAY 2016:

As I noted in the story above, ALA changed its child porn facilitation policy online to no longer tell librarians they are not judges so they should ignore child pornography viewing.  I believe this was done as a result of my conversation with ALA's OIF leader just days ago who continued to defend the policy to me.  It could also be the result of pressure from other child porn whistleblowers, or a combination thereof.

I BELIEVE THIS WAS DONE TO SUPPORT THE CONFIRMATION OF CARLA HAYDEN.  I BELIEVE ALA IS HIDING ITS DECADES-LONG CHILD PORN FACILITATION POLICIES AND WILL RESTORE THEM AFTER CARLA HAYDEN IS CONFIRMED.  I BELIEVE CARLA HAYDEN HAS EVERY INTENTION OF MAINTAINING THE CHILD PORN FACILITATION POLICY, ONLY SHE WILL APPLY IT TO THE LIBRARY OF CONGRESS AND ANYTHING ELSE OVER WHICH SHE CAN CONVINCE PEOPLE SHE HAS POWER TO CONTROL.

As I am obviously the leading critic of the confirmation of Carla Hayden, ALA has an interest in making people ignore what I say.  I have been talking about ALA's child porn facilitation for a long time, even right here in this post.  ALA has quietly changed the online policy to remove the offending language WHILE LEAVING IN THE OLD DATE OF LAST CHANGE so when people see the policy does not say what I said it says, and they see the old date of last change, they will disbelieve me.

And here is the effect of that effort to mislead the public about what I am saying about Carla Hayden right here in a story about me on Wonkette since the guy looks for what I quoted and instead finds the new, days-old ALA language, then I'm mocked -- and I cannot respond here as Wonkette blocked me from responding:


CONCLUSION:  ALA MAY HAVE WITHIN THE PAST FEW DAYS GIVEN THE APPEARANCE OF ENDING ITS CHILD PORN FACILITATION, BUT THAT AFFECTS THE CARLA HAYDEN CONFIRMATION IN NO WAY WHATSOEVER.  WHILE CARLA HAYDEN WAS ALA PRESIDENT RIGHT UP UNTIL HER NOMINATION BY PRESIDENT OBAMA, ALA HAS ALWAYS FACILITATED CHILD PORNOGRAPHY IN LIBRARIES NATIONWIDE AND CARLA HAYDEN CHAMPIONED THOSE POLICES AS ALA's PRESIDENT.


NOTE ADDED 23 JUN 2016:

See also:



URL of this page: safelibraries.blogspot.com/2016/05/carla-hayden.html

On Twitter: @ALALibrary @LibraryCongress @RoyBlunt

Sunday, May 1, 2016

OPRA Request for Minutes, Forms, and Training

Dear Westfield Memorial Library Board of Directors (via Director Philip Israel):

OPRA Request:

This is a request for public records made under common law and the Open Public Records Act [OPRA] seeking the following information:

1)  Minutes of the 28 April 2016 Board of Trustees Meeting.

In short, please provide the minutes from the immediate past board meeting.

2)  Records of planning to file and filing forms entitled, “Request and Authorization for Records Disposal.”  Include related correspondence, notes, telephonic recordings, etc.  Here is an example blank form: http://www.state.nj.us/treasury/revenue/rms/pdf/DisposalForm11.pdf Include responses from the State of New Jersey.

In short, please provide the documents evidencing permission from the State of New Jersey to dispose of various public records, for example, permission to destroy an audio recording of the 28 May 2015 executive session.

3)  Records of planning to file and online filing of forms filed with Artemis (Records Retention and Disposition Management System): http://www.state.nj.us/treasury/revenue/rms/artemis.shtml  Include related correspondence, notes, telephonic recordings, etc.  Include responses from the State of New Jersey.

In short, please provide the online evidence showing permission from the State of New Jersey to dispose of various public records, for example, permission to destroy an audio recording of the 28 May 2015 executive session.

4)  Records of all conferences and all training provided over the past two years for librarians, library employees, library board trustees, and the library director where that conference/training was provided directly or indirectly by the American Library Association, the New Jersey Library Association, the New Jersey State Library, or other library conference/training providers, including correspondence/email, notes taken in handwriting or electronically by individuals, telephonic recordings, handouts, conference/training manuals, online training sources, permission slips, travel accommodations paid, fees and costs paid, airfare, car reimbursements, hotel stays, conference/training admission, meals, and other expenses involved in attending the conferences, etc.  Include presentations or reports written by librarians, library employees, library board trustees, and the library director after returning from the conferences/trainings where they recorded or shared their learnings at the conferences/trainings.  Exclude any conferences/training devoted solely to the workings of various machinery or software within the library, unless that conference/training includes legal aspects of software usage.  For example, training on how to use Internet filters may be excluded unless that training includes legal aspects pertaining to the use of Internet filters.

In short, please provide the who, what, when, where, subject matter, and complete training provided and notes taken of all training provided to librarians, library employees, library board trustees, and the library director by several leading library conference/training sources.  Include reports written by attendees to present to others that summarize what was learned.


Detailed Reasoning for OPRA Request:

Now I will go into detailed reasoning for this request.  

As you know an audio recording was made of the 28 May 2015 executive session meeting by the library board.  It was converted to minutes that were provided to the Union County Prosecutor’s Office [UCPO].  The next day I was informed by UCPO that, based on the minutes, no Open Public Meetings Act violation occurred.  Having previously told UCPO that a recording was made, I asked it to reconsider and to listen to the recording instead of just considering the minutes.  UCPO refused, responding only that it could not do that as the library board had destroyed the tape.

At the 28 April 2016 library board meeting I confirmed with the library that the UCPO claim that the recording was destroyed was accurate.

New Jersey law regarding the destruction of public records comprises audio recordings of executive sessions made by municipal bodies.  The law requires that audio recordings may not be destroyed until “80 days or until either summary or verbatim transcript have been approved as minutes, whichever is longer.”  Further, “to legally dispose of records, agencies must fill out and submit a Request and Authorization for Records Disposal form. County and local officials may submit requests on-line.”  Hyperlinks omitted.

Therefore, I am seeking evidence that such written or online forms were completed in compliance with the law.  I am seeking evidence that the State of New Jersey replied to such completed forms.

I am also seeking evidence of any training provided to librarians, library employees, library board trustees, and the library director by major library training providers at conferences or at dedicated trainings.  Said training would reveal if anyone received training on New Jersey’s records retention policies or such policies in general.  I am seeking all training information, not just training information pertaining only to the records retention policies, but I’m not interested in training solely about machinery or software usage, unless such training contains information about the legal usage of Internet filters.

Further, there is a book that makes clear library record retention is a serious matter not to be taken lightly by library boards and library directors and warning that violations are serious violations of state laws.  Since it is evident the library community has been aware of the seriousness of library record retention policies for decades since the book was published, there can be no legitimate excuse for not following state record retention laws.

I provide this detailed reasoning for the requested public records to make it clear the records I seek are public records, are legally required, are available to the public upon request, this request is not made frivolously or with any self-interest, and there is the potential for uncovering serious illegality if records were destroyed in violation of the law, particularly if that illegality was performed in furtherance of a violation of the Open Public Meetings Act and an effort to cover up such a violation.


Legal Guideposts If Needed:

There should be no need to seek legal counsel for compliance with this OPRA request.  I am hoping to get the requested public records without significant cost to the municipality and without your having to sink time and taxpayer money into seeking permission from an attorney, a costly intermediary that is not needed for this OPRA request.  Yes, redact out home phone numbers, home addresses, account numbers, personal email addresses if not used for library business, etc.  I am only seeking public information,  It is easy to redact or block any personal portions of such records.  It is a simple matter to look in various files and produce the simple information I request under the law.  It is public information.  If an insistence is made on draining taxpayer resources by engaging the services of an attorney to provide the public with public documents under the law that the library can provide without legal intervention, a step that is superfluous to obtaining the requested public records, then the following legal guideposts might help minimize the damage by providing a head start:

Information About the OPRA Requester and the OPRA Request:

I am a member of the news media and I will be reporting on the materials produced in response to this records request as part of my investigative reporting on public libraries locally and nationwide.  I have already published my first report on the Westfield Memorial Library: “Library Approves Unfiltered Computers in Children's Section” (http://safelibraries.blogspot.com/2015/11/wml.html ).  For about fifteen years I regularly publish about library crimes including violations of open government laws.  I may make public any OPRA response as it may be in the public interest, both locally and nationally.  Therefore, please waive any fees that might otherwise pertain to OPRA requests.

I request the OPRA response be in electronic format and emailed directly or via attachment to me ( SafeLibraries@gmail.com ). 

To make things really easy, here is the OPRA statute:  http://www.state.nj.us/grc/act.html

OPRA requires a response time of seven business days.  If access to the records I am requesting will take longer, please contact me with information about when I might expect copies.

If you deny any or all of this request, please cite each specific exemption alleged to justify the refusal to release the public records and notify me of the appeal procedures available to me under the law.  Also, please provide all segregable portions of otherwise exempt material.


Suggestion/Offer:

I am a member of the American Library Association.  I recently became a member of the New Jersey Foundation for Open Government ( http://njfog.org ).  NJFOG provides training that has significantly enhanced my knowledge of open government rights.  Further, I am now a part of community of open government advocates who are now watching what I’m doing to expose open government violations and defend open government rights.  I highly suggest people at Westfield Memorial Library join NJFOG as it will help them learn about open government rights and regulations.  

Lastly, I have ordered a copy of the Shirley A. Wiegand book on library records.  I am hereby offering to lend it to anyone at the library, including library counsel.  It may guide the library board to stop the deleting of public records such as Internet browser histories that may help police solve crimes, including child p0rn0graphy viewing, until coming into compliance with New Jersey law.

Thank you for your consideration.

Dan Kleinman, Library Watchdog

SafeLibraries
1 May 2016

CC:  Professor Shirley A. Wiegand
        NJ Foundation for Open Government


URL of this page:  safelibraries.blogspot.com/2016/05/opra-request.html

On Twitter:  @ALALibrary @NewJerseyFOG @WMLNJ