One debate about the presence of the book “Sex is a Funny Word” in Fremont’s Keene Memorial Library has been what entity has final authority over the book’s use in the library.
A review of the book by the five volunteers on the Keene Memorial Library Advisory Board is in process, and the board has placed the issue on the agenda for the board’s Feb. 20 meeting, said Library Director Laura England-Biggs.
But, contrary to past public statements, the volunteer board’s decision is not final. According to the Fremont Municipal Code, the city council has the authority to overrule any decision by the library board.
According to the city’s municipal code — specifically Chapter 3, Article 7, section 3-705 (h) library board — which states, “All actions of the Library Board shall be subject to the review and control of the City Council.”
For clarification on the interpretation of the city’s municipal code, the Tribune contacted City Attorney Travis Jacott as well as England-Biggs for official interpretation of the section of the code.
Jacott said he did not want to make comments or relay legal opinions on any interpretation of the municipal code, but did not deny that the reading of the code gives final authority over library board decisions to the eight-person city council.
“I am not comfortable giving out legal opinions. I have no comment on that. I would say that we would look at that section to see what authority the library board has,” Jacott said in a telephone interview. “I think the ordinance speaks for itself. If the issue comes up, I will advise the board and council what to do. I think the ordinance speaks for itself.”
England-Biggs reaffirmed Jacott’s assessment, and said she is now aware that the city council has authority over the library advisory board. She also said the library’s policy of the advisory board being the final decider over books and materials does not follow the city’s municipal code.
“I would have to agree with Travis on that. He has the legal expertise. The way the policy is written, unfortunately, it may not be accurate,” England-Biggs said. “
Under the current process, if a resident or library contests books or other library materials, and fills out an official complaint form, the initial review and decision falls on England-Biggs. If the library director decision is contested, a complainant can then appeal to the five-member Keene Memorial Library Advisory Board.
In the weeks since the first complaint about the book by local grandmother and downtown business owner Sandra Murray — who spoke out on Dec. 27 about the book and four others in the library — several officials, including England-Biggs has said the library’s policy was that the library board was the final say on any matter related to contested books.
After her initial comments on the books on Dec. 27, Murray then filed an official contested books or materials complaint with the library. That complaint — seeking the total removal of “Sex is a Funny Word” — was denied by England-Biggs on Jan. 16. Following that ruling, Murray then officially appealed England-Biggs decision to the library board itself.
The debate over what entity has final say over the books presence arose again during the public comment period of the Jan. 31 city council meeting, when Gloria Yerger — wife of former council member Brad Yerger — told the council she believed the city’s municipal code gives the power over library books and materials to the city council, not the volunteer library board.
“It has been reported the library board has final say on the matter of this book and if it remains available in the library. Regardless of (library) policies, the city municipal code trumps such interpretations. The city’s municipal code states that all actions of the library board shall be subject to the review and control of the city council,” Gloria Yerger said. “That puts the council in the proverbial hot seat. I admonish each of you to read this book yourself in preparation for the public reaction to a library board decision and recommendation to retain this book.”
England-Biggs said the five-member library board will discuss the appeal during its Monday, Feb. 20, meeting at the Fremont Municipal Building, 400 E. Military Ave.
“They do not have a specific period of time (to review the book), but we do have it on the agenda for the Feb. 20 to review the book,” she explained. “There is no normal, because this is our first time. Each of the board members has a copy of the book and is reading it at this time.”
During the Jan. 31 council meeting, more than a dozen local residents spoke during public comment about the book controversy. England-Biggs was present during the comments, and said she respected every person’s opinions.
“I thought everyone who spoke was passionate, and I respect their rights to express themselves,” England-Biggs noted.
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