March 27, 2014 – Daily Brief

Shameless plug, because I think voters should have this information about McLean, Weste, and their involvement with our libraries. http://scvnews.com/2014/03/25/library-boar

Great piece Lori. I loved watching your persistent questions on the CCAC videos.

Thanks, Mike.

Lori, you suggest that we should "Vote for those who actively seek to invest personal time and energy into our municipal library system." I would rather vote for those that actually invest personal time and energy rather than those that just seek to invest. . . . Is there any actual mismanagment of the library system that we should be aware of?

There is no management on the end of the library board of trustees. That is the point. The libraries are on autopilot. There is no "control" in our "local control." How's that position on CPLAC going? Want to share the pressing issues you all discuss there? The decisions and recommendations you all make? And the measures you use to evaluate the library services?

BTW, I've seen the agendas for all the CPLAC meetings, and am aware of the dwindling attendance for the, what...8 meetings since LSSI took over? And how long has it been since the last CPLAC meeting? 5 months? And how often do Weste or McLean also attend CPLAC, as reps of the Library Board of Trustees? And when will you all be utilizing the free resources and training seminars offered by the ALA and the state library board to assist in making the committee effective?

I am not aware of management responsibilities of a board of trustees (or the CPLAC). SImilar to the City Council being responsible to hire a City Manager who is given the responsibility of managing the City, the Library trustees would be responsible for hiring library management. I think that you will find this relationship in water boards, school boards and even corporate boards.

That is not the definition of a Library Board of Trustees. As it is set up now, it is simply a legal formality, and CPLAC is a window dressing. A Library Board of Trustees is not just the hiring agency. Is that how you see your role on the school board? Just hire someone else to take care of the school system, while you just approve additional funds, and extend your own appointment? Surely, you must discuss things at school board meetings. Surely, you have opinions and suggestions for programs. Surely, you have your own meetings, unique to the school board, not a hyphenated meeting that takes place during the meeting of another agency, while never discussing school matters.

So, please give me the definition of a Library Board of Trustees, citing their duties and providing legal support for your definition. I never said that the sole role of a school board (or any other board) was to act as a hiring agency. Please do not put words into my mouth. If you need to do that to win your argumnet, you have already lost. I did say, though, that these boards do not have direct managment responsibilities. If I am mistaken, please support your argument with the law and not self serving trade proaganda - and do not suggest that I am saying anything other than what I am saying. If you are having difficulty with the writen word, just let me know.

Nice, Phil. My questions were for illustration purposes, not putting words in your mouth. Here is your definition - we are the second type. http://www.ala.org/united/sites/ala.org.un

Here's a free tool kit for library boards: http://www.library.ca.gov/lds/docs/toolkit

And here is a link to the free resources in our state, including free, on site seminars: http://www.cpladvocates.org/

So policy making, but no budget responsibilities?

I am not really sure what point you are trying to make here, Phil. You want to nitpick points, or just come out, and say what you think? You are not engaged in your role on CPLAC, and maybe you think that it is okay that our City Council/Library Board of Trustees, also, doesn't need to be engaged in library management. That's fine. Vote for more of the same. There are, however, folks who think that a successful library is supported by an engaged Board, and I know there are folks both on CPLAC, and those denied positions on CPLAC, that would like to have meaningful discussions about our library services. My point is that the Library Board of Trustees should be a real board, with real engagement in our library system, with real meetings, and real discussions and opinions and suggestions, not the hands-off approach taken currently. Can you name any significant discussions held by the Board, the ad hoc committee, or CPLAC? We were promised local control. I cannot find any discussions by the Board, nor did McLean name any for either the Board nor the ad hoc committee. We were also promised gold standard, which isn't produced by a Board and city management devoid of librarians, and unable to truly evaluate what LSSI proposes. No where in my opinion piece did I say we should end the contract with LSSI. No where in my piece did I say that LSSI was mismanaging the libraries. What I said is that we cannot judge these things, the services provided by LSSI, without an engaged Board, without at least one person qualified in library management, not beholden to LSSI.

I think I would rather put it that what is needed is a separate and independent board with all of the powers specified by the Education Code. But if you want to talk about local control, what about at-large vs. district council elections--in general and putting aside the Voting Rights Act. I don't know why I am getting into these things.

Wait! What is Mr. Ellis "role on CPLAC"?

Phil is one of the original members of CPLAC, the Citizen Public Library Advisory Committee. He can tell you the last meeting that he attended.

Maybe I misunderstood the whole discussion. I thought it was about the Board. I forgot about CPLAC. They don't have any power do they? But it's all one, all appointed by the council. Maybe you could conjure up a separation of powers argument.

CPLAC has no real power. I brought it up because some will say it constitutes our "local control," and I thought it important to outline how infrequently they meet, that the numbers are dwindling. Berta has outlined what happens at these meetings below. My understanding is that CPLAC was formalized citizen input, which is fed to the Board and LSSI, for application, as appropriate.

Again, you are trying to put words in my mouth, Words that I never said. If you want to know what my point is read my words. There is no point to have a discussion with someone so inept at having an intelligent discussion that all they can do is try to force positions on others - positions not taken.

You, sir, are very rude.

How so? I have responded to you civilly and politely only to have you putting words into my mouth. You have no understanding of the word civility, yet you have the temerity to call me rude - for what? Calling you on your incivility?

The creation, powers and duties of a California municipal library's board of trustees are set forth in the California Education Code (not ALA publications) . See secs. 18900 - 18965. The Boards do have "direct management responsibilities" over every aspect of the library's activities and the powers are not only direct but plenary. Among other things, they require monthly public meetings (secs. 18914-18915). When the City withdrew from the County system it was month's before the Board was established and it was done only when the lawsuits challenged actions taken by the City Council/staff that could only be taken by the board of trustees.

Doesn't section 18927 envision administration of a municipal library without a board of trustees? I found the following on the web from the City of Monterey Park. Would you concur with this statement of responsibilities? The Library Board of Trustees is an administrative board appointed by the City Council. The Library Board has a fiduciary responsibility for the library, and each board member is asked to reveal any potential conflicts of interest. The five members are each limited to two terms of three years for a total of six years. The Board governs under the Monterey Park Municipal Code, the State of California Education Code, and the Brown Act. The Board reviews and makes operating policies for the library for the budget, circulation, conduct/behavior, exhibits, collection development philosophy, and internet usage. The Board hires the City Librarian who administers board policy and daily operations including the staff of the library.

No. What you suggest was explicitly argued and rejected by the California Court of Appeal, Second District, in Friends of the Library of Monterey Park v. City of Monterey Park (1989) 211 Cal.App.3d 358, 375: “We decline appellants' invitation to construe the alternative reporting provisions of Education Code section 18927 as granting broad authority to general law cities to operate their public libraries without regard to the requirements of the Municipal Libraries Act.” I don’t know what you are quoting from (its not in the court opinion) but it does state, generallly, the requirements of Ed.C secs. 18910-18927. The suggestion of your 10:04 post (“So policy making, but no budget responsibilities?”) is also off the mark. The Education Code provides that the Board decides how the money is spent and libraries are financed by a dedicated portion of the property tax (and a special tax if provided for by the voters) which may only be expended for library services. The City can, of course, supplement library funds by appropriating general-fund monies–and it did–and had to when, contrary to the opinion they received from City Counsel, it discovered that it would not get the special library tax. If I had rendered that opinion to a client, and it acted on it, I would be subject to a malpractice claim.

I posted where I got that information. In case you are having difficulty navigating, try http://www.ci.monterey-park.ca.us/index.as Also, my comments about policy but not budget came from Lori's site's. If you need me to point out which particular lines in her sites, let me know.

Look at letter sent home from Legacy principal. Also look at KHTS post Dear Legacy Parents, I am communicating to you this afternoon in an attempt to clarify questions that have arisen in regards to Mr. Astrera. There obviously have been many questions and concerns expressed by parents of Legacy students following the arrest yesterday on the misdemeanor charges of “annoying or molesting a child.” Much of the concern stems from the reporting of the arrest and the implication that some act of sexual molestation –as that term is generally understood - may have occurred between the teacher and the fifth grade student. Given the understandable concern expressed by so many in our community, we feel compelled to advise you of what we do know at this time. While we may not know all of the information that the investigators have obtained, we do know the following based on the complaining parent’s disclosures to us and the result of our own internal investigation: 1. There were no allegations conveyed to us of touching that was overtly sexual in nature – rather we have been advised of an alleged incident when, while playing tag out on the playground with several students, the teacher picked the student up off the ground. 2. The teacher is alleged to have stated to the student in a classroom setting full of students, that the student would be excused to leave the classroom if “he gave the teacher a hug.” There is no allegation that a hug actually ensued. 3. The teacher is alleged to have “winked” at the student in class. 4. There is no allegation that the teacher was ever alone with the student in any setting. 5. There was no contact by the teacher with the student outside of school either in person, telephone, email or through social media. 6. The student had been given a “yellow card” for disciplinary reasons by the accused teacher in October 2013. Based on the information we have obtained, our 14 years of experience with this teacher and even the nature of the allegations, we had and have no reason to believe that any Legacy student was subjected to any risk with this teacher. However, if you know of any information that is relevant to this teacher and his conduct, we urge you to share that with the LA County Sheriff’s investigators. The teacher involved will remain on administrative leave pending further investigation and evaluation. Sincerely, Timothy W. Borruel Principal

How do you spell "attack the victim?" Principal Borruel may live to regret this letter since he may not know all the information that is in the possession of the special victims unit.

Lori I am sorry that you feel that my participation as a CPLAC member is window dressing as I take my involvement seriously. Aside from our regularly scheduled meetings, those of us able to participate during the work day have also toured as CPLAC members several other libraries over a period of months, some owned and staffed by the particular city and others not. We take notes of what we like, what we do not, discuss deficits we observe and components we would like to incorporate into our library system. We have been discussing the need for and a future Saugus Library site. We also usually review the statistics on how our libraries are performing currently. In fact our next CPLAC meeting is this Wed 4/2/2014 @ Newhall Library 6:00PM. Again, sorry you feel that I am wasting my time�

What is CPLAC?

Berta, it is not personal. It is the purpose of the whole group. Yes, I know the next CPLAC meeting, and I know the last one was 5 months ago. I know you tour other libraries, and the library staff gives presentations and stats. What else has been accomplished in nearly 3 years, and 8 meetings? What goals are being pursued? What issues are being tackled? What programs are being evaluated? What input has CPLAC put into the library system?

Lori, I do not think it is personal but I am countering your comments, as you seem to think that the time we invest as members is a waste, I disagree. The last regularly scheduled CPLAC meeting was 11/14/13 nearly 5 months ago, but we also toured the Monrovia Public Library on Wednesday, November 6, 2013 so actually had two meetings in November and then took a break over the holidays. Please note that the November library tour was in additional to several previous tours during 2013. We usually meet every 3-4 months, or when there is something to do or talk about, and additionally to tour as schedules permit. I make it a point to attend despite having a busy schedule, and appreciate that out time is respected and unnecessary meetings are not scheduled. Among the current issues are a future Saugus library and community meeting room, and each member has input at whatever level they wish. Cheryl for instance as a former school librarian makes comments about process and materials, I make comments about programs and facilities, many others make comments on areas of interest to them, and our comments are noted and given proper consideration. Citizens Public Library Advisory Committee says it all, we do not make policy or micro manage. We participate, ask questions, make comments, look at statistics, progress made, or areas of concern, need for additional or less programs, observe and advise as we feel the need.

Thank you for your commitment in attending the CPLAC meetings, Berta.

Really, Berta? You are certainly not going to the same meetings I am. My comments about the ongoing problems at the Newhall Library requiring the presence of a sheriff's deputy for a number of weeks had little to no conversation about the problems, and it was not even mentioned in the minutes. I had to call the City to correct the minutes to reflect that we had indeed discussed this issue. Our committee started off with nearly 30 people now their might be 10 if we are lucky. For the most part comments are made by you and I and no one else. When's the last time you saw Phil Ellis, Marc Winger, Paul De La Cerda, or Susan Shapiro to name just a few? Since our minutes never reflect who was present at the meeting, we don't have a list or a count. Visiting libraries is fine, but most people work and cannot go on these filed trips. How many do we need to see for comparison purposes? And finally how do you know that "our comments are noted and given proper consideration?" The only way I find out about the ongoing discipline problems at Newhall is to go there 2 or 3 times a week and observe what's going on, talk to the library personnel and ask them if things have gotten better, and by input given to me by neighbors' and community members' observations. And, yes, we took a break over the holidays - a 5 month break - and are given a 2 week notice of our next meeting, along with a list of meetings for the rest of the year, where the meeting days have been changed from Thursdays to Wednesday with no committee input. Because of this change I am unable to attend the next two meetings - My Assistance League meetings are on the first Wednesday of each month at the same time. That's why I voted for Thursday meetings as did the rest of the committee. Saying I am disappointed in the value of this committee is an understatement.

ladybooker, sorry but I do not worry about whether others make the meetings, I worry about my keeping my own commitment(s). On the upcoming schedule there is at least one early morning meeting so you should be able to make that one at least. I have no idea why the day was changed and that is a legitimate concern for me also as I frequently have other meetings on Wednesday’s but I have not had the time to question anyone but intend to at the upcoming meeting. As to only us two asking questions etc, that is an incorrect statement as several members usually have comments other than the two of us. I can only say that if you feel your time is wasted speak up or stop attending, I don’t feel that way.

@lady: I believe that I have missed two meetings. The morning one you mentioned as I too work a day job. I missed the one prior to that as we had insufficient notice to reschedule another meeting scheduled for the same time. I will also miss this Wednesday's meeting for the same reason. This time it is an evening Dr.'s appointment that was made for what previously was a free night. Dr. Winger and I have been there for most of the meetings and have given a lot of input, especially as our libraries impact on our students.

Cracks are forming.

Really, Berta? You are certainly not going to the same meetings I am. My comments about the ongoing problems at the Newhall Library requiring the presence of a sheriff's deputy for a number of weeks had little to no conversation about the problems, and it was not even mentioned in the minutes. I had to call the City to correct the minutes to reflect that we had indeed discussed this issue. Our committee started off with nearly 30 people now their might be 10 if we are lucky. For the most part comments are made by you and I and no one else. When's the last time you saw Phil Ellis, Marc Winger, Paul De La Cerda, or Susan Shapiro to name just a few? Since our minutes never reflect who was present at the meeting, we don't have a list or a count. Visiting libraries is fine, but most people work and cannot go on these filed trips. How many do we need to see for comparison purposes? And finally how do you know that "our comments are noted and given proper consideration?" The only way I find out about the ongoing discipline problems at Newhall is to go there 2 or 3 times a week and observe what's going on, talk to the library personnel and ask them if things have gotten better, and by input given to me by neighbors' and community members' observations. And, yes, we took a break over the holidays - a 5 month break - and are given a 2 week notice of our next meeting, along with a list of meetings for the rest of the year, where the meeting days have been changed from Thursdays to Wednesday with no committee input. Because of this change I am unable to attend the next two meetings - My Assistance League meetings are on the first Wednesday of each month at the same time. That's why I voted for Thursday meetings as did the rest of the committee. Saying I am disappointed in the value of this committee is an understatement.