Fontana Regional Library System’s board of trustees met June 22 to discuss an agenda initially littered with items that had generated a good deal of emails from concerned patrons and residents. However, the meeting wrapped up quicker than expected and with little drama, as the most controversial decisions were kicked down the road.
As the meeting began, over 50 people crammed into the meeting room at the Macon County Library. FRL Board Chair Bill McGaha brought out extra chairs to fill the space he could, but by the time he gaveled in the meeting, it was standing-room only.
The most controversial item on the agenda was the proposed collection development policy, which critics decry for what they call obvious targeting of books focused on LGBTQ+ themes. Many warn that any censorship of such materials, using the policy as a justification, could trigger a First Amendment lawsuit. While FRL board attorney Austin Von Henner did not respond to a Smoky Mountain News request for comment in time to make it into last week’s story on the CDP, he later sent along a statement stating that the policy “does not ban books or restrict adult access to lawful materials.”
“Instead, it provides written criteria for selection, shelving, display, and review of materials; recognizes the role of professional library staff; includes Board oversight; and expressly supports a variety of political and ideological viewpoints,” Von Henner said in the statement.
Von Henner added that public libraries have discretion to select and organize materials in accordance with their mission and “standing jurisprudence,” noting that the proposed CDP was designed to use written standards, professional review and board action rather than “ad hoc viewpoint-based decisions.”
“The Policy also respects the legal distinction between protected speech and obscenity. Obscene material is not protected by the First Amendment,” he said. “The Policy also follows the law regarding restrictions of materials for minors.”
But the board didn’t vote on that policy. At the outset of the meeting, Trustee Deborah Smith, of Jackson County, moved to nix the item from the agenda, stating clearly that the motion wasn’t due to the CDP being a “bad policy” and that the item may be taken up for a vote at a later date.
When explaining her motion, Smith addressed some concerns expressed in emails trustees had received, some which stated that the CDP doesn’t reflect the will of the community. She argued that elections are the best measure of the will of the community. As trustees are appointed by duly elected commissioners from the three member counties — Jackson, Macon and Swain — their actions do reflect the will of the electorate.
“Six, eight or 10 emails or 200 emails do not a community make,” she said.
Smith also took a shot at previous trustees, who have occasionally been derided by some current trustees as agenda-driven.
“If the ideology of the past few years that was imposed on our libraries respected the rights of those with whom they disagreed, we would not be here today,” she said.
The vote to remove the CDP vote from the agenda was unanimous.
Of the 10 or so people who signed up to provide public comments, the majority wanted to urge the board to vote against the CDP. Those people still spoke, most thanking the board for tabling the matter while driving home the point that they believed the policy to be discriminatory and a potential First Amendment violation.
Another item initially on the agenda that didn’t make it to a vote was the reimbursement of surplus funds. Last week, Swain County requested a temporary restraining order barring disbursement of the funds, a request that was granted by Judge Tessa Sellers and is effective until next week.
While trustee Tony Monnat, of Swain County, moved to also nix the approval of new bylaws from the agenda, that motion was shot down. McGaha explained why he thought it was important to move forward with approving those new bylaws, claiming that the previous bylaws, as well as the initial draft of the new bylaws, were deemed inadequate by Von Henner, who wrote multiple pages of additions himself.
“In his opinion, they were severely lacking,” McGaha said, adding that he wanted to see those bylaws go into effect by July to provide immediate legal protection to the board.
The new bylaws were approved 6-2, with Swain County Monnat and Cynthia Womble, also of Swain County, dissenting.
Another vote confirmed McGaha as interim FRL Director. At the end of February, Tracy Fitzmaurice stepped down from the vital post, creating a vacancy McGaha initially filled. While the board had hoped to hire a qualified candidate for the position, decisions by member counties have made it difficult. On July 1, Jackson County will have withdrawn from the system, and earlier this month, Macon County commissioners voted to provide their notice of withdrawal. That withdrawal, which would take effect July 1 of next year, would lead to the dissolution of the library system, making it hard to find someone who would want the job for less than a year.
While the board technically doesn’t need an interim director per state law, Von Henner had recommended that they do so and confirm McGaha retroactively to March 1. Macon County’s head librarian, Abby Hardison, will step in when it comes time to sign certain official agreements such as the application for state aid that call for requisite certifications.
Meanwhile, McGaha said, the search continues.
“I am actively looking for someone who under a contract would become an interim director,” he said.
Perhaps the most interesting vote of the day was the proposed annual budget. Usually a relatively straightforward vote discussed over multiple meetings, the upcoming fiscal year budget was complicated by the imminent withdrawal of Jackson County. In addition, Macon County commissioners shorted FRL’s full budget request this year, thinking that they could provide the rest of the funds once they receive their payment from the surplus fund reimbursement. For now, this leaves a gap of over $300,000.
Finance Officer Lisa Kim Fisher explained that she was able to cut a few costs — because McGaha isn’t receiving a salary as interim director, that saves over $100,000 per year; about $20,000 was removed for Macon County’s book line and a line item for a new vehicle was cut for now. To make up the rest, the board had to move to pass an interim budget, which allows FRL to draw $316,000 from its general fund as a stop gap. The downside of passing an interim budget, McGaha said, is that they can’t approve any capital expenditures or give any raises.
“The real hurt is we cannot pay the COLA increase or salary increases for our employees because under an interim budget, that’s not allowed, so that’s a direct impact on our headquarters employees,” McGaha said.
This newly planned interim budget wasn’t finished until just hours before Monday’s board meeting. Trustee Marva Jennings, of Jackson County, expressed frustration with the quick change.
“I was on my way to [this meeting] when it came up on my phone,” Jennings said.
The budget was ultimately approved by a vote of 6-2, with Jennings and fellow Jackson County trustee Lori Richards dissenting.
The meeting concluded with a sendoff for Womble, whose term on the board is up, as well as the three Jackson County trustees — Deborah Smith, Marva Jennings and Lori Richards. Taking Womble’s place on the board will be Justin Greene, a District Court judge who will represent Swain County. Monday’s meeting was the last for the Jackson County trustees, as that county’s withdrawal from the system will be complete July 1.