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06-01-1994 (Library) Agenda Packet 04 AGENDA REGULAR MEETING RITA & TRUETT SMITH LIBRARY LIBRARY BOARD, WYLIE,TEXAS 7 : 00 P.M. LIBRARY WORK ROOM 800 THOMAS STREET CALL TO ORDER ORDER PAGE BUSINESS REFERENCE BUSINESS 1 ADMINISTER OATH OF OFFICE TO NEW BOARD MEMBERS 2 1 CONSIDER APPROVAL OF MINUTES FROM MAY 14, 1993 LIBRARY BOARD MEETING 3 2-3 DISCUSS AND CONSIDER MONTHLY NEWSLETTERS- AUGUST,SEPTEMBER 4 4 DISCUSS AND CONSIDER MONTHLY REPORT-JUNE 5 5-21 DISCUSS AND CONSIDER MARKETING OF LIBRARY 6 22-31 DISCUSS AND CONSIDER CONFIDENTIALITY RECOMMENDATIONS 7 DISCUSS AND CONSIDER LIBRARY & SCHOOL COOPERATION 8 CITIZEN PARTICIPATION IN ACCORDANCE WITH THE OPEN MEETING ACT, THE LIBRARY WILL HEAR COMMENTS OF PUBLIC INTEREST FROM RESIDENTS OF THE CITY OF WYLIE, ANY DISCUSSION MUST BE LIMITED TO PLACING ITEMS ON A FUTURE AGENDA FOR FURTHER CONSIDERATION,WYLIE RESIDENTS WISHING TO SPEAK SHOULD LIMIT REMARKS TO A MAXIMUM OF FIVE MINUTES 9 ADJOURN RITA & TRUETT SMITH PUBLIC LIBRARY BOARD MINUTES " 314, 1993 The Library Board of the City of Wylie met in regular session on June 14, 1993 , in the workroom of the Rita & Truett Smith Public Library, at 7 : 00 P .M. A quorum was present and notice of the meeting was posted in the time and manner required by law. Those present were : Pat Guess , Cathy Weatherspoon, Elizabeth Allen, Shirley Burnett , and Phyllis Floyd, librarian. APPROVAL OF MINUTES FOR APRIL 12 , 1993 : Minutes of the last meeting were approved . NEWSLETTERS FOR JUNE, JULY:The newsletters were reviewed, and it was suggested that a notice be placed in the newsletters concerning recycling the plastic bags from the library. MONTHLY REPORTS: It was noted that circulation is increasing. No discrepancies between the manual tally and the computer tally for library transactions were noted. Weekly and monthly reports are being run to see if the count is correct with the computer . COLORING AND ESSAY CONTEST: Winners for the coloring contest were Orie Cross , Bonnie Fouts , and Lane Hall . Essay winners were Amy Keller and Cari Wible . LIBRARY BILL OF RIGHTS: Senate Bill 360 was discussed. The City Attorney will be consulted on the interpretation of the bill when it is received . The meeting adjourned . ,._.e _..m,7,�... ,.-fir. 111. ..11 ....ter . 1w .— ..—. ., . rs VOL ME I ISSUE II' II. Remcmbcr ,� r ,�t /4", To tic 31 tt.x„ 'F .em em er I, tJser . II -_ P-ricndly, I� ell l bra il' �\ And Rccyrle Your , a i , , atrial by ph ne, 1, // library I f�� 1 $ !. '� �� 4�t �; *�`�wj�tf ig and aV of i es. . NETLS t ,..i NETLS Large Print t VIDEOS I _ -.-_-_ BACK TO"SCHOO� Alice in Wonderland Back to the beach Petals in the wind Best of Ernie & Bert High Stand Its anybodys ball Best Of Gilda Radner Casualties of War German Helmet Shining through Chilley Scenes of Winter Communion Moments of love Day at camp Dive to the Coral Reef tar cry from Kens. . Renegade Player Don't cry Big Bird At Risk Destry rides again Finn McCoul. Five heartbeats, the Cats Lye Cage Fried Green Tomatoes Honorable imposter Riding Tough Fun with music Old Silent Glass Spider .13. 3.0. Kids get cooking Monsieur Koi and the Kola Pamplemousse Books on Tape; I,ast Unicorn Cyclops Light Aerobics & Stress Nurse on NeuroLone star Kid • • Art of Loving FMaurice Sendak Library is for Fugitive Glass highway Forsyth Sa �� Monument Valley:Navajo Silva Thawg` Mr. Corbett's Ghost Life with. Rose Lee and Grant Nothing but trouble Blindsight Port of Call Kennedy 'Trojan Gold Rock with Barney Surviving Cancer Riddle of the Sands continued on page 2 FUT. ,lf•-:-et=t_ .wi . 111.[_!..„, . ..,,,!! ..!. w. ....ri r>a _ , SMITH LIBRARY.::' I NSF _ _ - -� VideosContinue i AUGUST IS ' August,the eigth month of the year,was named for the Roman emperor Augustus. In many countries it is a traditional time for music festivals,fairs,expositions,and Sea of Love family holidays. The one religious day in August that is observed around the world is August 15th,the Separate Tables Feast of the Assumption of Mary,a holy day and a holiday in many Roman Catholic countries.On this day the Italian,Spanish and Latin American peoples cherish age old Shirley Valentine religious processions often followed by fiesta activities. Where did I come from Work Sight The flowers for August are the Gladiolus and the Poppy.The Birthstones are the Sardonyx and the peridot. eb.esNAVVVVVVV141, Nit Ark READIN — — CLUBS "t. August % BEST .t 1993 READERS ARE, lir 46 stD Sun Mon Tue Wed Thu Fri Sat di' fit1 2 3 4 5 G 7 I It AI It closed Jamaican storyB-D Hiroshima Shelly day Indopend time 1�2 July day 1962 8,1822 __ --_____,_ A. ,tAir It 8 9 10 11 12 13 14 Closed story Texas Women's V-J DAY Pioneers day 1945 ,ph time day (Tunisia) _ — _ A It 15 16 17 18 19 20 21 Air I orvtie1ri1ht Lincoln- CIOSed story R-D 1571- Douglas IIt time Jan.30,1O4S Debates 1855 AI It r AII I 22 23 24 25 26 27 28 closed story Susan B.A MT B-D nMony 1905- ft' timeAr Day 1920 Jan.22,1973 A, ,t 29 30 31 Ai, `° closed chndfen`dey story (Nehenlstan1 time `ems4A4) . lit Nti' .t4° I' ,IN v ....._.... ........... ....________ _ SMITH LIBRARY+ , SEPTEMBER '93 VOLUME 1 ISSUE 12 "7- '''''''''':'8Ei-.- i': ,:iiit'',f::::::: •44ii!;F'lift;1.H.:'7.'.7.'" ,,,,,._•'- •'''".'''li[f. 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Headline . -. .' , 's: headline L,..v..„.41,p) Replace this text with text for your :: .;:-..,i-,111 i kitit: ::JP' Replace this text with text for your story. story. 1111:01. 136W •. - • -:.:,:' 5•0 _. illfill'IllAi RENEW BY PHONE . Topic Your Headline ._ SCc'e%-- C C-71-C-A- - \-1 -•—1 -. CcIA- __ A Replace this text with text for your story. ___—)C"." 0,......e_DZ C-A-1 • *--'... ..1- ,k--1,Q "-- c 6......i.k, zi ........ ...----: - +•• • 2 SMITH LIBRARY • . , remember recycle your bags • TOPIC -=-- — - septem her -eiriiiiiiiiiimluiltinumuumuum111111:111JILIVILIUBillillAiltilliliWYCJIL a in • • ■ is ? in a September . . • :• 1993 Replace this text with text for your • • story. • • a • Sun Mon Tue Wed Thu Fri Sat • a • il • • 1 2 3 4 • is a is • w a • a • • s • a • ii 6 7 8 9 10 11 • . 5 . • . • • • • • • • • • • • : 12 13 14 15 16 1. 7 18 . • • . . • • • . . . • • • 19 20 21. 22 23 24 25 . • . . • • • • a I- • : • 30 • • 26 27 28 29 . . . • • . . . • . . . • P JUN Mil Pa niumieruummut-AutAmm ult-itutmcvaline-Anc_ F i DATE : JULY 1 , 1993 TO: STEVE NORWOOD, CITY MANAGER FROM: PHYLLIS D. FLOYD, LIBRARIAN RE: LIBRARY STATISTICS FOR THE MONTH OF JUNE 1993 1992 1991 CIRCULATION: ADULT 1072 1077 N/A JUVENILE 1919 2340 N/A LARGE PRINT 21 17 N/A PAPERBACKS 233 174 N/A BKS ON TAPE 96 16 N/A NINTENDO GAMES 7 12 N/A VIDEOS 908 986 N/A MAGAZINES 75 112 N/A EQUIPMENT 4 26 N/A INTERLIBRARY LOAN 61 44 N/A 19 FILMS 0 FILMS TOTALS: 4415 ( 170 AVG) 4914 ( 224 AVG) REGISTRATION: NEW CARDS ISSUED 71 TOTAL TO DATE 6281 VOLUNTEER HOURS : GREEN THUMB 110 ADULT HOURS 2 TEEN HOURS 14 STORY HOUR 3 TOTALS 129 HOURS BLUEBONNET ROOM SCHEDULED USE LITERACY 26 CLUBS 4 CORP OF ENGINEERS 26 TOTALS 56 HOURS M. Private fundraising is hard work. But it can pay off for the public library that goes about it the right way Private Dollar$ for c lr are e s • By Jeffrey R. Krull This could b e a �.• Gi `°if Friends group, per- haps organized as a IN A D E Q U A T E 1 �i not-for-profit corpora budgets, and in tion. a trust, or a foun- creasing expecta cS elrc.•` datton. Since state tions are forcing manylaws vary. the best vepublic libraries to :, • 1 �� hicle for accomplish- search for ways of ing this purpose must developing alternate be determined by the funding sources. Gen- • library in consultation erally there are two , with legal counsel. Lo- choices: user fees or '.` cal political circum fundraising. Library stances also vary; a literature abounds with good solution for one articles on the pros, library may be inap- cons, and how-tos of "'' v;� propriate for another. employing user fees. r Whatever organiza- Less frequently dis- •• / tional structure is cOussed is private phil- x 0 �.-.•_-J used. the goal must be anthropic giving. _ Jr that private funds will Hospitals, muse- 5 `Isytii- supplement, and not ums,colleges,and uni- 5 • , supplant. other reve- versities have been = ,r.� nues. To borrow a raisingfunds through _` • "' ' °; • �� phrase from Ervin J. private donations fora r'� Gaines. these funds many years,some very must be "more parsley successfully. Such donations come library services and programs on any on the potatoes, never the potatoes primarily from three sources:individ- more than a very limited scale. That themselves" ("Public Responsibility uals, corporations, and charitable pattern is changing. for a Public Library," Public Library foundations or trusts. Indeed, the lat- Quarterly, Spring 1989. p. 51). ter are required by the tax laws to give To supplement, not supplant away an amount equal to five percent The best advice to one who is Projects with donor appeal of their assets every year.In the past. considering a fundraising project is It is essential to know precisely few public libraries have looked to proceed with caution. An ill-con- for what purpose funds will be used these sources for income to support ceived program can backfire disas- before potential donors are ap- trously. The main danger is that the proached for contributions. Building library may spend many months rais- projects, "bricks and mortar," are ing a substantial amount of money, probably the easiest for which to 4 t only to have the local taxing or bud- raise private funds. The end product get authority reduce its allocation by is tangible, visible. and permanent, �f a commensurate amount. and these characteristics appeal to `_� Jeffrey R. Krull is To avoid such a turn of events, donors. Other good uses for gift ' /` Director, Allen establish an entity separate from the funds arepurchases of land, specific County Public P . - Wayne.Library, Fort library to receive,administer,and in- items of equipment. and rare or ex- Wayne. Indiana vest any private funds that are raised. pensive books. Funding for special Os LIBRARY JOURNALJANUARY 1991 65 programs, projects, or services can the effort, however, and may in fact constituencies. articulate the case for also be secured through gifts. Like provide the initial spark and support support, serve as well-informed and building projects. these all offer the needed to get a development program effective public advocates, and pro- advantages of being specific, fo- off the ground. vide leadership in financial develop- cused, finite. and relatively easy to The legal mechanics of setting up ment. explain to potential donors. a foundation are not complicated, but If the purpose of the foundation More difficult are endowment an attorney experienced in tax law is to provide financial support to the campaigns. Many foundations and and the law of not-for-profit corpora- library, then the single most impor- some individuals do not particularly tions, foundations, and trusts in your tant qualification of any board mem- care to give money to set up an endow- state should be consulted. Such an ber is the ability to give, or induce ment. In fact. some foundations have attorney can provide invaluable ad- others to give, substantial sums of policies that specifically prohibit vice on organizational structure as money to the foundation. People who grants to endowments. They reason well as taking care of all necessary can raise money should be recruited that,since they are endowments them- legal matters. for the foundation board, and they should be told what will be expected of them when they are recruited. Professional fundraisers can establish The easy part Once the foundation has been es- timetables. deadlines, and goals and make them tablished. the board recruited, and stick. The high-priced outside expert whose the developmentinsigoals identified, all Pthat remains is to get the money. meter is running commands the attention of major fundraising effort re- quires careful planning, which in- busy people and gets them to respond cludes the gathering of certain essen- tial information: 1) How do key com- munity and business leaders feel about the library and the proposed selves,their money should be used to Support for the foundation fundraising project?: 21 Is the pro- fund specific projects or purchases. Before setting up a foundation. posed dollar objective realistic and not set up more endowments. In other make sure there is sufficient financial attainable?: 3) Who are potential words. they want more direct control and accounting support available campaign leaders?: 4) When is the over how their money is spent. from the library. The library director best time to conduct the campaign. There are reasons not to rule out and financial officer should be pre- considering the perceptions of the lo- endowment funds. however. They pared for heavy commitments of cal economy and other fundraising ef- can offer sorely needed flexibility, time. It will be quite a while before forts currently underway or about to since the income they produce can be the foundation reaches a size that will take place?:5i What is the source and directed to changing needs. A word permit hiring staff. and it may never amount of probable pace-setting of caution. however: it is hard reach this point. gifts? enough to raise endowment money:if By providing in-kind administra- In addition to answering these the uses for the endowment income five support to the foundation, the li- questions. a feasibility study alerts are stated too broadly. it will be even brary maintains better control over people in the community to the li- harder. Therefore. it is usually advis- the foundation's operation. More- brary's needs and proposed plans. able to limit the use of endowment over, if the library can build this and lets them know that they may be income to specific purposes. For ex- overhead into its operating budget, it called upon later to make a financial ample, it may be designated for the enlarges its budget base and pre- commitment. purchase of rare books. science ma- serves foundation capital to provide Personal interviews are set up terials, or for the support of a distin- "more parsley." with key community leaders identi- guished lecture or author series. Pro- The importance of the library fled by library officials in conjunction posing to use the income from an board's commitment to the establish- with campaign counsel. Careful at- endowment for "general operating ment of a foundation cannot be over- tention is paid to maintaining a bal- expenses" is unwise. stated. Any major fund drive will in- ance of representatives from various evitably start with the "family," for prospective donor groups: individ- Building the foundation if the board and staff aren't commit- uals. corporations. and foundations. An existing Friends of the Li- ted to the cause, why should anyone brary group can carry out the devel- else be? (See sidebar on Houston's Time for the professionals opment function, but, as Charlene experience,p.67.)If this idea doesn't Feasibility studies are best han- Clark points out in "Private Support go over well with board members, it died by professionals.The do-it-your- for Public Purposes: Library Fund will be best to talk about it before the self. amateur approach simply will Raising" (Wilson Library Bulletin, foundation is set up, not after. not make the grade when the goal is to February 1986,p. 18),the grass-roots raise significant amounts of money.It orientation of most Friends organiza- A board for the foundation is worth the expense to hire a profes- tions does not suit them very well to The foundation will need its own sional fundraising firm,or"campaign large-scale fundraising programs. board to establish policies. interpret counsel." to conduct the study. To Friends groups should he included in the organization's goals to various find professional fundraisers, look to Iworking own community for those who dollar objective is too ambitious,they and feels comfortable with have already conducted successful will say so.The best firms have a rep- its personnel. campaigns. Campaign counsel that utation to maintain and do not want A campaign manager will take up has worked with other local groups to be associated with losing cam- residence in the library's community already knows the territory and has paigns. and become a permanent fixture identified the most responsive local around the library during the cam- philanthropists. Taking the plunge paign. Soon the library director may Upon completion of the feasibil- If the feasibility study indicates be tempted to hide at the sight of the ity study, the library will receive a that sufficient support exists in the campaign manager, who brings yet report with the findings,conclusions, community for a fundraising cam- more work to pile onto an already full and recommendations. Good fund- paign, the next step is to hire cam- plate.This is the time to remember the raising firms will not skew the results paign counsel. The firm that did the thousands of dollars the firm costs per in the hope of being hired to conduct feasibility study obviously has the in- month. In fact, the true'value of pro- a campaign. If the project does not side track,assuming that everyone is fessional fundraisers may be that they • have community support, or if the satisfied with the quality of its work make sure things get done. Profes- u., t!- `.. _ t. ...,._ - ""{a f tr,J.,,7' ^)' f.�... 1y;!»;::'.:i. t:f.'�• r:1T.1` ••+',F;/':'•:.l �{ � jq .t, i w{�5`t:.�,Si'v:- L � r-• l.t Sf. t•�� .t.. {r '�5�:.--"ki��.�.t'.(.t. g;}, }j� +, .��?/i �J 4..�;.ram fS ^ S 3 A L',S.C,f�I'. -,2.•.='' l- --j }n fF''P . Y` t«•�,ti'j, h fi' � Y 'r' � 5• / 1 t •;t r � 3�jt�-�"t'. ':�r Y rf:r itti .ix � ` �'� - Str i '� -Fundra sZngfobiect �lessons s r ,,,E t `! ''S r?i .� t �j r�•i pp -�• r •-i ! 1- r'E/Y -?- i .fit �_ f i l.�?f �. } l [ "ii.;i:;-, 1 -r Y4�i a� '1•.7 '7s •.i it: : t ".,4, {:- f ♦ , <;,,„;. r a� "i •?�.`` "' - . r? ta-'-•t r•.< r Trj..'� t, �•' ' ' i !r i r�# ; _ )t.�F j1.:hMore 3Parsleyron the��Potatoes;,< L z`i , .,f t j 44 .:.:, , Ir :f Vf r i f-.- •- .L.:-' t�•a"CaJ,�•y,�s ,, 1^a.:'f+yd:¢:`,:i•.5;i�".7 . ;:i r' {t t `,. '�`t 1t {r�.4, �.. 1r-il";, f. '+h" r f � '"2 i-� r' t• '�c J ��1 ,. w fr�x .,=.: lot,.the Potatoes_ . , t;, r- , s7 tt r ,. t 1J �'., {21 ey. .a• .•-.-rr,. r -, k C-1 -=•07` 4. ,? ,.'i Z..!'- , , < . }{� i jJ { r s rrpc ='r7:5)f 1 r r1 r)'"1.ii 3 (. rj::t.4.- JS j i" .J ti•�'�,�}(!.1-.`.C�-�'�n�,��.�1`K,,�>J'•-� � .•�-'i �3��._.. .L•..!'r. ..'"!,e?t v�e-:) r..'`4.. _' 1 7 .G• ..-,Z w�". ) ... " :j -.,•< t „Sn4,T,r_ money,administered by the board. .. ;.By Nora RawhnsonIt';„•, ' :Using`a professional fundrais- �t`Jkyrtau*1;1.Y)<tT .{ is::y7 '" s r,'. 1 ,..ing consultant;'llouston began its jiEFFREY•KRULL warns that ' campaign `with"a`feasibility study. .. Yprivate,fundraising`:should r As_,Asistant.Director-Barbrardtnever:be allowed to'supplant' :'Gubbin describes it, `;The library ' public•funds:TThis bitter lesson was .? '-'staff created a`wish list and it was ' ;:learned by"Patrick.O'Brien,direc- . taken to potential-donors'.to ,see :'for:of the iDallas"-,Public.,Library - < :what,they would be twilling to r.The`seco`na year after'establishing'� - d' /," • 4 ..fund.-.'•As of December;1990, 18 7eu-s•x-..s - ..Y- .r..•!�- , '" ? t '' '' 'months into•the campaign,'they_�: fan endowment;�furid, ,'O Brieri Y • ':ffound to his horror, that'the city s. �'+ '. ;had raised$6.million;.well within '`'•'ties`ted;the"income'as'a`credit on `e ! yit '� :their goal of $8.1 million b., t... • the::btidgei?Althou h'the fund had .'' -end of three• ears:'=1.f • t 'a,beeriset-up;to_enhance.the„collet- �•.Y- ► • k_•' '= Hou'ston i eally'took'its hits in tion a Wording was just too haiy _ >t:the jEighties,': says;Gubbin `"but ��, ✓ �3 .,�...�y � i.. . : - }. Ali .c +'to.resu=ict;the city from reducing �.we always had`the sense thate t. •';'taic'dollars'l'-''"'`; {' ��' ,y.-� <.:-• r.. y. . .., „.,4:= t ` < = f commumt was there for us >We t,,1 When.O'Brien embarked onAa 8:,-rs• :decided we just:needed to market 'drive to raise funds to revamp the rt'OB,u',,'=nrhis'Childrt 's Center . ;ourselves Even though the'local clulldren's,a�eaiinYr the new central ,;`��r?{ " � ;t.:.' �,',ti _;.econom was•tweak'sa s Gubbin <ilibrary,',hel' ui:his7,cearliei:;exp n downtown area5Anyone who'has -we found that .Corporations don t <+C.,t y,.dt:t•r.;tP s.. h-:- Js<-r . �`,. s: n4 .r-�..c-rs�. . .-. i,_ . .,,;$. -. ,__.•�, • .• . j enee to work This.Gate,the money'f t ever been iti downtown Dallas.on'a loseLcommunity sense just,because�." was placed n Xa -estncted account';.t,weekend ywill a tee`with O'Brien isthere is,a bad_,economic tine'Thy that;awaas not,±part^of7the hbraiy s that they,�'_have-totdo. everything ,can°see the.value:of the library - i;general'oferating funds•?O Brien they.�can'to drag je'ople down Gubbin feels that,in addition to the . r '`�tt .T'avt:.,..o-f � a- rr .t 'If+ f1� 'ed .��• ?,.-.x r. ,. - r. •� says,��Th ekey.is treating the mon town OThe Children s Center has .obvious financial rewards,'fund • ,;•,ey,the wayfLSCA't'uiids•are treat, _brought=their�tn,':l 'said O'Brien �, •Liaising makes the library more visa :ed,'with'clear provisions that the,t 'In;,May,the`Center..will be'two ; ble'to the-community: Thus,*when =; funds cannot,be:used to reduce lo- years old,and it has;been a smash =�a•local doctor:decided to snare:a` cal`supportV', :'. i ng success, with 45-L50 percent in =traveling-ill•exhbit-for:Houston, . '.-Raising money for.the YChil creases in use'each year " 'i ..-` he unhesitatingly chose the library '-: dren's Center :was `•`the',easiest '1- The'iHouston.'Public;Library• 'as the.exhibit's site.•:The exhibit? fundraising I,ve:ever done, -,_says {made sure people understood that it- Headache Art, -visual interpreta O'Bnen:'i;Talking;about kids_and `'was going after`•`more parsley"•by. •tions of:migraines:`"For Houston,- the'future of.the:.city just makes :1naming its 'campaign,'` .The En fundraising has literally brought its • people seyes,light Up.'!..In appeal hancernen:Campaign for the Hous share of"headaches." ing"for funds;•the`library:also em' Eton Public Library In addition;'a`'- '• :.- 'phasized the'need to'enhance the '`restricted-fund-was set up'for the.- .Nora. ltaawlinson is Editor,Z./T;1.: ..til :� ..•.. ' ..-.. i•, .-. ` ..- '' ,•.is..,_ .•-tt'-... - . ' .I. LIBRARY JOURN LJA`CARY 1991 67 sional fundraisers can establish time- The campaign cabinet will be the tables,deadlines,and goals and make The Foundation for "council of war" who meet regular- them stick. The professional cam- Successful Fundraising ly, probably weekly, to over'see the paign manager, the high-priced out- campaign and see that the goal is met. side expert whose meter is running, Campaign Structure Again, the division chairs will each commands the attention of busy peo- A campaign with a goal of raising be expected to make a personal gift in Si million to create an endowment ple and gets them to respond. fund for building business, science, the range assigned to their division.If and technology collections might be the chairs need to appoint team lead Visible leadership organized into a number of divisions: ers and solicitors to help them, these One of the first tasks will be to campaign workers must also first be- Advancerecruit the campaign chair. Many Gifts: $50,000 and up come contributors. Major Gifts: S25,000-S50.000 times,campaign counsel can provide Special Gifts: S5,000-525,000 invaluable assistance in recruiting General Gifts: up to S5,000 Know your prospects campaign leadership. Busy execu- Family Gifts: gifts from Before anyone goes out to ask for tives are more likely to volunteer their library board, money,a considerable amount of time time and influence if they know that foundation,staff is spent identifying and qualifying po- the campaign is to be professionally Gift-Giving Goals tential donors. An "asking range" is managed. Ideally,the campaign chair To reach your goal,know how many of determined for each prospect—indi- should be a well-known, respected, what size gifts you will need.A small- vidual, corporation, or foundation— and visible community leader, per- er number of gifts will be needed in based on the prospect's financial abili- haps the chief executive of a promi- the higher categories.For a Si million ty to contribute. The qualification nent local business, with a track rec- campaign,goals may be set up as fol- process is naturally very sensitive and ord of successful fundraising. This lows: highly confidential,but it is necessary person must believe in the importance Gift Category No.of Gifts to avoid asking for too much, or, of the library and the purpose and fi- worse, too little. A prospect may be nancial goals of the campaign. flattered to be asked for an ambitious Perhaps most importantly, the 5too'000 } financial commitment,and thus make chair should be willing to make a per- $75,000-99,999 i]Et an extra effort to be as generous as sonal financial commitment to the possible. There is no greater mistake campaign in the form of a lead gift, S50,000-74,999 Et t I] in fundraising than asking for—and probably in the range of S25,000- getting—S20,000 from a prospect ca- S50,000. This sets the tone for the S30,000-49,999 itt tit 1 pable of giving S200,000. campaign. It should be a firm rule that only those who have made per- S25,000--29,999 JItrtdbi t The easy installment plan sonal financial commitments will be Offering donors the option of part of the campaign organization. S15,000-24,999 I1t] ]ltt multiyear pledges will increase the The chair will be asking his or her W t W Et t size of gifts to the campaign. A cor- peers for personal and corporate lead poration capable of giving S50,000 is gifts in five and six figures. Only one 55,000-14,999 lttIIZIItt probably capable of giving that who has contributed at that level can IiIIIIiiii amount in each of three years. By us- effectively and convincingly per- ing a three-year pledge, the total gift suade others to do so. S1,000-4,999 iittiitiit suddenly becomes S150,000. iittiitiit When all of the organizational Getting down to cases ttiitititt details are completed, execution of Early in the campaign, the case the campaign plan becomes a matter for support must be prepared. This of perseverance and hard work. If S500-999 IttiititIt iiit document details the library's needs Iiiiitttiiiiii good people have been recruited and using facts and figures and explains ittittitii ii... if they follow through on their assign- how the campaign will meet those ments, the campaign will succeed. needs. Campaign counsel will bring Private fundraising cannot and new perspective to this task. As li- self-interest. It will become the should not take the place of adequate brarians, we tend to focus on how source document upon which all oth- public support for public library ser- donors can help the library. Counsel er campaign literature and promo- vices. It can, however, provide sup- will insist that we explain how a do- tional pieces are based. plemental funds to help a library nor's self-interest will be advanced The campaign will generally be achieve and maintain a "margin of by a gift to the campaign. This is a organized into various divisions, excellence" that will make it the ob- critical distinction. each with its own chair. Since there ject of civic pride. This in turn can A corporation president, for in- are many different possible strut- lead to increased community sup- stance, might reason that a strong li- tures,counsel will advise on the most port, which will help the library gain brary system will enhance the quality appropriate one (see chart for a sam- a larger share of the public treasury. of life in the community, which will ple). The division chairs, along with Public libraries are learning that pri- increase the corporation's success in the professional campaign manager, vate fundraising is not only desirable recruiting top-quality employees. the general campaign chair, and the but necessary to secure their status The case for support must be written library director, will make up the as vital, essential, community re- so as to appeal to such enlightened "campaign cabinet." sources. 1:\. -^-7. 1 '1\-.1:‘. . . EDITORIAL The Fundraising Trap Raising the funds to support public agencies, par- growing tendency of a new breed of local public ticularly agencies defined as public goods with administrators to attempt to turn all public agen- mandates derived from heavy public use or voter cies into revenue producers. Most communities approval, is a legitimate and primary responsibil- have tax collection apparatus for that job, and ity of government. As Herb White points out that is where the job should be done. (p. 49), it is not sufficient to say this is "self-evi- Still, it is not easy to counter the effort by dent" when it comes to making the case for tax these officials to force libraries to become reve- support of public libraries. Although public li- nue-generating agencies. The vision of a "pot of braries receive nearly 87 percent of their support gold" lurking in the generosity of local corpora- from state and local taxes, the resulting amount Lions or the noblesse oblige of the affluent upper totals a paltry 0.39 percent(just under four-tenths crust in every community is very seductive. of one percent) of the total cost of state and local The realities on the other side of the tracks government. are tax reform, the ever present uncertainty in Despite this minor drain on state and local normal economic cycles,and intense competition taxes, there are a growing number of disquieting for every penny of charity that create many more reports of local government trying to force library beggars than benefactors. boards and librarians to find ways to undertake The case for tax support of libraries must be the task of generating the revenue needed to sup- based on the real,continuing needs of citizens for port library service.They expect this to be done, the education, information, and recreation librar- of course, outside the traditional tax system. ies provide. We have not made that case as effec- The board of finance in one city cut deeply tively as we can. The public library's record of into a public library budget because that library's service and public use suggests a popular man- board refused to resort to private fundraising for date as large as that of any government service. operating revenue. In one county the library di- The library's record for inexpensive delivery of rector was required to deliver a list of library that service is unequaled in government. services for which fees could be charged. Fundraising, particularly for capital proj- In one small, affluent suburban community ects, and special purposes, is a legitimate and with a long tradition of raising private funds for useful source of support. But there are severe operating purposes, the director, staff, and trust- limits on the stability, dependability, and ees devote at least a quarter of their time to the amounts a library can expect from this resource. annual campaign. While they are successful, the Charity cannot replace taxation as a stable, con- combined private funds and taxes have not given tinuing source of funds to meet legitimate citizen that library greater per capita support than its needs for library service. fully tax-supported neighbors. The director and Library fundraising and the pursuit of reve- staff still spend as much time as their neighbors nue must not become the escape route that allows on the public budget process, so they must spend any level of government to shirk its duty to the much more time and effort on maintaining full citizens who need libraries. To trap librarians and library support than their neighbors, leaving less trustees in continuous fundraising efforts is to time to develop the library's services. take them away from their primary mission. That Stephen Freeman's candid report of the li- mission is to provide the library services that citi- brary fundraising campaign in St. Louis (p. 32) zens need. gives some notion of the complexity and difficul- ty of fundraising campaigns. They are the prov- ince of the power structure in any community, they require heavy investments of both money /o-- and staff and trustee time, and they often fail to raise targeted amounts. The most important issue, however, is the Editor-in-Chief 4 LIBRARY JOURNAL/JUNE 15, 1986 Marketing the Libraries for Non-Crisis Times Mary Jo Malley 660 Stolle Road Elma, NY 14059 (716) 652-1505 Think of it - its mission is to organize EVERYTHING there is to know and to make it available to everybody. Regardless of where you live, whether you can hear or see or walk. Or even, IF you can read! There are aids to overcome that barrier. And the services are FREE. But the message still needs to be told. The telemarketer might try this approach: "Call this number now to receive your prize - a free sample of accurate information on the subject of your choice. If you would like further information, you may pick up extensive readings on the subject, again free of charge, and you may keep them for three weeks. You do NOT need to show a driver's license plus two credit cards, nor is it necessary to wait for a minute while your credit rating is scanned for overdue books." Why, then, aren't the customers lining up at the door for this incomparable bargain? The public is in the dark about what they can access inside the walls of the neighborhood library. Dusty books that were there when they peddled their bikes to the old brick building on a hot summer day? Zane Grey, read to the lazy swing of a hammock? Take a look at it NOW! The future is humming along with the laser printer, linked to the Mac and the PC, gliding out term papers, women's club minutes, and the small businessman's spreadsheet. Auto manuals, college reference guides, paperbacks, video cassettes, magazines, the Wall Street Journal, the Times, USA Today, the local papers, periodicals on microfiche, all compete with the best sellers, non-fiction, and research volumes for the user's attention. Unlike your favorite bookstore, customers are ENCOURAGED to read j Marketing the Libraries in Non-Crisis Times p. 2 Malley them on site. Library administrators ask for media attention. Not "sexy," the editors reply. In fact, the media is loyal to the library, supporting its needs in time of fiscal crisis. But what the public needs, for its intellectual, job and social welfare, is to access the constellation of resources in the information universe, commonly known as the library. Ad executives offer a primer, pointing to market surveys to discover the consumer's needs and interests. Follow up surveys with a review of services, adjusting them to meet the survey indicators, they add. And tell the public what they want to know and how to access that knowledge. Banks offer a model for change. For years they were stodgy institutions that stored and loaned valuables, not unlike libraries. Responding to the pressures of competition 0 and technollgical advances, the warehouse image was replaced with that of a fluid resource for financial instruments and services. The potential for applying the marketing tools used by banks abounds. Point-of-sale would mean having information where people are, in malls and markets, via electronic access, with the ubiquitous magnetic strip card. Cross-selling, a favorite marketing technique, would have the clerk direct the attention of the library patron to other products, something like the bank teller does when she inquires if you would be interested in an auto loan. It's just.the beginning.„„Couldn't library clerks who are checking out a_patron be, trained to note the name on the card and personalize a greeting or farewell? Could they-also.be instructed to-dissolve the.atmosphere of intimidation-by their manner toward newcomers? Shouldn't they know that an otherwise confident executive, who was able to get a marriage license and go to war, could not get a library card without .so..mych_rigamarole that he hasn't darkened the doors.for twenty years? It is the goal of seven hundred elected delegates from across the nation to address -Marketing the Libraries in Non-Crisis Times P. '3 Malley several key issues at the White House Conference on Library and Information Services, July 9-14. Among the ten major topics is marketing. As the Chair of the Topic committee on Marketing for the New York State delegation, I have researched many of the problems and have a keen awareness of the challenges that those who would recommend solutions are faced with. The key questions that face all of us - library supporters, users, employees, regulators and funders, are: How are library services valued? Does the public see them as meeting needs, recreational, educatiot or functional? What are the barriers to access? How can we raise public awareness to the point that they MUST come in, or call, or learn to access electronically, for their cwn - and society's - good? Recommendations will be formed during the Conference in July that will help to shape legislation and policy at the state and federal levels. Seasoned professionals are quick to point to two key obstacles for change, namely inadequate resources and unmotivated civil servants. Others from their ranks and from those of us who join them in support of libraries, work, nevertheless for the triple causes of literacy, productivity and democracy. Information is our most valuable resource. It is free now. If it is underutilized will our country remain free? The next ten years until the third White House Conference will be a proving ground for the information scientists. The quality of our minds, of our productivity, of our language and culture will define the results. Marketing is a means of communication, necessary to sustain funding, to stimulate support, to increase usage, to train and motivate employees. Library supporters and professionals can be effective in meeting the marketing challenges if they follow the practical guidelines of the business and communications worlds to draw in the user and potential user. 11 Trustees—Effective Advocates down to discuss the issues with elected officials. The good news is that creative marketing is bringing first time users into the library as never before. The And what exactly is the library"story"they will spread? bad news? Increased public library usage has not Those speaking for libraries must articulate in con- automatically translated into increased fiscal support. crete terms the truth of this year's theme for National Library Week: "Libraries Change Lives." For greatest Nobody has anything against libraries, mind you. It's effect, I suggest steering clear of the recreational just that in lean economic times, every community aspect of library service and concentrating instead on service and institution is competing for dwindling how libraries alleviate pressing educational, social dollars. Again infrastructures, housing and social and economic problems. Be sure to talk in the lan- services command resources. Teachers,fire fighters guage public officials understand best,peppering the and police are facing cutbacks. Art museums, sym- dialogue with phrases like"return on the dollar," "cost phony orchestras and dance companies are in dis- effective"and"bottom line,"all the while emphasizing tress. Ask public officials where they stand,and they'll the public library's essential role in the health and well- tell you there are no good or bad guys in this sce- being of our communities. nario—just priorities. Education is in trouble? Tell them that libraries are At the same time, librarians have become more so- focused on lifelong learning! Libraries serve learners phisticated marketers. In developing innovative ser- of all ages—in preschool story times,homework cen- vices to increase library usage and in targeting new ters, literacy tutorials and a variety of other programs. patron populations, we have measured our success Library materials provide the information needed by by the number of individuals walking through the in-school and out-of-school learners. Remind them library's front doors. Confident that reaching more that although a strong public library system is no people and providing better service were the keys to substitute for a quality educational system, it is an sustained funding, we've assumed that the intrinsic essential resource for formal and informal learning. value of well-planned library services would say it all at budget time.Well, we were wrong. Health and social services agencies are struggling? Libraries provide access to vital information! Talk It's become clear that it's not good enough just to be about the library's role in upgrading the public's under- good: quality service has not yielded increased sup- standing of health and medical issues. Stress the port. I believe it's time to revise our marketing agen- library's role as community center. Showcase pro- das, target those individuals who make budget deci- grams designed for senior citizens. Demonstrate that sions and let them know just how good we are so that family literacy programs support and guide parents when budget time comes round,libraries are vying for and communicate all the right things to young children. the top spots on their lists. As Augusta Clarke, PhiladelphiaCity Councilwoman,librarian and speaker The local economy is faltering? Libraries support at the first National Conference of African-American business development! Explain how small businesses Librarians puts it, "Goodness is its own reward...in benefit from library resources. Show them the infor- heaven. Here on earth, we lobby!" mation you can provide on employment opportunities. And emphasize that,by sustaining a literate populace Those of us who understand the importance of library and upgrading the quality of community life, public services must be more aggressive in connecting with libraries attract potential employers. public officials at all levels—and not only under crisis conditions. Beginning with the assumption that offi- Librarians can be highly successful marketers—all cials know very little about the real impact of public those innovative programs attracting first-time pa- libraries, librarians must plan well-coordinated cam- trons attest to our creativity and skill. However, to paigns to persuade them that libraries aren't part of maintain the level of funding required for quality library the problem, but a vital part of the solution. In many service,the library's closest allies must be prepared to cases librarians themselves will be highly effective speak logically and passionately about libraries with communicators of the library story; often, however, those who control library budgets. It has been my the taint of self-interest will lessen their effectiveness. experience that Trustees and Friends can be the It is in the library's best interest for librarians to library's most effective advocates.Besides,if those of articulate the library's message to supporters and us who understand the value of libraries don't tell the manage from backstage the communication of that library story, who will? message to key decision-makers. It is the Trustees Elliot L. Shelkrot and Friends who must actually write the letters,speak President, Public Library Association out at public forums, make the phone calls and sit 6 S iibrarypublic re ations counci Friends of the Library: Your Secret Weapon in the Public Relations Wars" Remarks by Stephen T. Kochoff,Marketing Manager,Turner Subscriptions Monday,February 8,1993 Moran's Chelsea Seafood Restaurant, NYC I'd like to thank all of you for inviting me to speak this evening about a subject that's very important to me and I hope to all of you: Friends of libraries and how these groups can help you in the public relations wars. I'd also like to publicly thank all my colleagues on the Board of LPRC who provided words of encouragement and support-- and who put up with the trials and tribulations of my trying to complete my doctoral research on public library Friends groups. My deepest appreciation to each member of the board. My remarks will be based on my analysis of the library literature devoted to public library Friends, my close examination of three public library locations, and an overview of some of the more effective tactics used by these different libraries and their Friends groups in mounting the public relations wars. First,let's juxtapose two contradictory prevailing views--on the one hand, as a dear friend said to me recently-- tell me what to do with my Friends group,whose average age is deceased —and on the other hand, the view expressed by Charles Brown, the 1990-91 President of the Public Library Association,who wrote in his "Message from the President": In good times and in bad (perhaps even more so in the latter), it is obvious to us that people appreciate and utilize public library service. Now,if we can only find a means to more successfully marshal that appreciation into vocal political support for adequate funding. For many of us, that may well prove to be our greatest professional challenge during the decade ahead. So these polarities, and the way these polarities were expressed in the library literature compelled me to look at what's happened. Throughout the library literature, we see examples of the impact of Friends groups: *One of the earliest, the San Juan Buatista Library Auxiliary of San Juan Buatista,California,organized in 1896 to buy books and to support the library. *Massachusetts Library Aid Association was incorporated in 1918 as a statewide group whose purpose was"to aid libraries, to provide lectures, instructions and social meetings in cooperation with libraries." *In 1922 the first library group in the U.S. to be called"friends of the library"began in Glen Ellyn,Illinois. . 2 *In 1934 the heading"friends of the library" first appeared in the index of the ALA Bulletin. And these benchmark events continued throughout the years to the present. Among the most important and visible recent national events were the development of FOLUSA in 1979, and the 1979 and 1991 White House Conferences on Library and Information Services--each of these conferences perhaps serving as the ultimate meeting of libraries' friends, drawn from all the states and territories -- and each proving to be the greatest stimulus to formalizing Friends groups up to that time. Participants in the'White House Conferences returned to their respective states fired up with the need to establish local and statewide Friends groups. One major result of the 1979 White House Conference was an increase in both the number and activities of statewide Friends groups. Two territories and 24 states reported active Friends groups. Typical Friends' objectives included broadening the base of citizen library support, increasing the visibility of libraries, and assisting with legislative efforts. North Carolina,Pennsylvania and Oklahoma were only a few of the states that credited the first White House Conference with impetus to organize statewide Friends of Library groups. As of 1990, there were 40 statewide groups. A recent survey conducted by FOLUSA showed that 2,303 local Friends of Library groups have been identified, with a combined total of 633,542 members. This survey noted that over $26 million had been raised in a year's time by Friends groups for the benefit of libraries. "The average Friends group consists of 213 members who raise close to $10,000 for their local library." And so, throughout my work I was continuously struck by the enigmatic view that while the public library is seen to have no natural enemies --a theme echoed throughout the literature--it suffers at the same time from the fact that it has no natural political allies. The public library essentially floats on neutral waters. Carleton Joeckel, a longtime student of the public library, observed in 1935 that at no time in the history of American libraries has there been really serious opposition to the concept of the public library. Joeckel indicated that the despression-strained resources of government might pose the most serious test of public interest in libraries. The picture that emerges from Joeckel's monumental work,The Government of the American Public Library, remains in many respects little changed almost 60 years later: difficult fiscal times for local government often portend severe cuts in library budgets. The public library's neutrality becomes an impediment to its ability to sustain adequate budgets. In my three case studies,I considered the various roles that Friends play, especially the Friends movement as a manifestation of the public library's need to develop political allies and the resulting strengthened position the library acquires within its community. All three were successful in developing political allies, although their make-up was quite different: 1. Philadelphia, PA had a budget of$42 million,with a declining population. Per capita support was $25; per capita circulation-3. 3 2. Meriden, CT had a $1.2 million budget and a gradually increasing population. Per capita support-$17; per capita circulation-5. 3. Montgomery County,MD had a budget of$20 with large population increases. Per capita support-$27; per capita circulation-9. Philadelphia's tax base eroded from 1950 to 1970, and the Friends did a little programming up to 1970. The Friends were rejuvenated as an advocacy group in 1970 and set up "The Alliance" to allow each branch to have its own Friends as well as banding together in a joint city-wide group. They staged an effective letter-writing campaign to get library budget cuts reduced. Meriden's first Friends dwindled in the early 1970s. Sue Bullock arrived as the new director in November 1983 and started a Friends group in January 1984. The library had suffered major budget cuts,but when the new Friends group--some 800 to 900 members — started appearing annually before city council, the budget went up 90% in a 7-year period. The Friends' arguments were based on usage indicators and left a good taste in the mouths of the council members. It helped that a lawyer was a president of the group for the first 5 years. Montgomery County set up a Friends group to raise private money,but they have not been too successful. The library enjoys good tax support for library services, so it is hard to get people to want to donate money. At present there are about 1,000 members of the Friends,but they had hoped for 10,000. While they prohibited local branch Friends groups at first, they are now starting to permit them. All three cases may differ,but these observations would be applicable to all: 1. The best way to strengthen a group is to get a strong presidential leader who will commit to 3 to 5 years as president. 2. The Friends should focus on one or two major efforts, and each year should support the budget. 3. There should be a good relationship between library administration and the Friends. Sue Bullock, the director of the Meriden Public Library spends 20% of her time with the Friends. 4. The library director and board must give up some political power to the Friends, or at least be comfortable sharing it. V 5. Courtship of the press is very important, as is the use of a Friends newsletter to provide information about the budget. In Meriden, the Friends pick several days to have a volunteer sit at a table in the lobby, and with the Bowker Annual, show each user the value of the materials they borrowed that day, then estimate how much value they get each year for their dollar. (e.g. a borrower might use $2,000 worth of materials a year for only$20 in taxes.) 4 6. Turf problems with staff in running programs should be dealt with early to establish effective relationships. Additional points brought out during the question-and-answer period: ✓*Lobbying is influencing the legislators; advocacy is reaching out to your public and hoping they will influence the legislators. It's all education. * Friends cannot support a particular political candidate. ✓* Library boards should also do advocacy,but not all Boards do it well or at all. * The library needs good by-laws for the Friends and needs a turnover in leadership. * The Library needs a good liaison with the Friends—the director, assistant director or community outreach person. * In an attempt to get younger people to join the Friends, Sue Bullock approached job seekers at the library. A Friends volunteer was posted at the door on Saturday mornings to ask users to do a specific job for advocacy, i.e. to appear before a specific committee. The resulting advocacy group had an average age of 30,while the average age of the rest of the Friends group is 60. Younger volunteers seem to look for more direct service opportunities. * Library directors should make contact with local service organizations and ask business people to appoint someone to the Friends. * Friends should not provide money for what is essential. It's important to make the city council realize that they shouldn't expect these things from the Friends. * Attach the Friends' name to high-profile events for greater visibility. * It's easier to start a Friends group in a populist type (blue collar) community. It's hard if there are already too many other cliques,such as church groups,PTAs,etc. * Your Friends should sit at town meetings with buttons that identify them: "Friend of the Library-I Vote!"• **PLEASE NOTE: Stephen T.Kochoffs actual dissertation contains a 30-page bibliography on Friends. Those who are interested in more detail may see a copy of the dissertation by contacting University Microfilm iri Ann Arbor,Michigan. Or, take a look at Dissertation Abstracts. The citation is: "Public Library Friends Groups: Aims, Operations,Effectiveness." by Stephen T. Kochoff, Columbia Univ., 1992. . local officials to match the funds and not charitable organizations. They are tion, the question is often one of who would therefore lose everything. Offi- part of the structure of the community will blink first. vials, with a candor and perception I or university, and the responsibility • They will also state that they have find rare,noted that if libraries had so for funding them falls to the manage- no money. That may or may not be little local support perhaps there was ment structure. When we seek and true, but it is in any case irrelevant also no justification for provincial raise outside funds,it must be for proj- because they can raise funds and do so support. ects both parties clearly recognize as for some purposes, but almost never above that basic level of responsibili- for us. If it is assumed that librarians Use it wisely ty. This also means that funds raised will beg outsiders for the money need- Autobiographical writing is al- outside the normal budget cycle are ed for such basics as hours of service ways risky,because what may be fasci- kept separately and under the total and the purchase of books, manage- nating to the writer is frequently bor- control of the library. ment will be happy to let us do exactly ing to the reader.Nevertheless,having In some academic and perhaps that.There are others with whom they preached so glibly, I do sense some even public settings,it is not even nec- must negotiate who will not let them responsibility to report not just what I essary to make an accounting, which, off nearly so easily. think,but,what I have done. if possible,should be avoided,because As the dean of a library school for the politicians will always covet the Libraries, anyone? 'over ten years,I had the responsibility money if they know it is there. If we It is gratifying when corporate for raising funds from friends and simply dump these dollars into the sponsors indicate their willingness to alumni. In my communications, I as- general kitty, we us, ally end up with support public libraries because it sug- sured potential donors that I would no more money than that with which gests that we must be doing something never use their money for things that � right. We could channel that support to the the university and state owed us in the into a matching grants proposal support of library education. The ba- municipal administration, or at least sic responsibility for such things as use the money for innovative new pro- faculty salaries and instructional sup- .braves are not grams, perhaps in the area of child port was theirs, although I reminded charitable or aniza- computer literacy. . administrators of the benefits and g However, when we tap into this prestige in supporting a highly per- tons. The responsi- good will simply for money with which 1 ceived program, and how little this to keep the branches open,it makes as would cost compared to the other pro- bility for funding much sense as asking corporate spon- posals they were receiving. I also in- them falls to the sors to adopt a garbage truck. Munici- sisted That,while funds in a university pal branch libraries are the responsibil- are never considered adequate, we re- management structure ity of municipal officials, and that ceive our fair, prorated share corn- means that they can close branch li- pared to the funding of other academ- , braries if they dare.That they do dare is is programs. perhaps in the expectation that we will, we started. There is evidence for this as always,bail them out. Can they af- Adequacy vs. excellence from the handling of LSCA funds, ford to support library services? They I promised potential donors that which can turn simplly dollars of will nevernever tadmit it itt now,en ow, and better. ' their money would be used only for federal for state and things we could not realistically expect That is not only pointless but And yet strange things happen all the institution and state to fund. dangerous, because the expectation the time. New York City, so poor it These are the things that differentiate for more of the same grows. Even the becomes the subject of jokes on late- adequacy from excellence, and I tried kids who work after school or in the night talk shows, has suddenly an- to tell them what these are. Let me summer are smart enough to maintain nounced a surplus, and the piranhas anticipate a question. Did the institu- their own bank accounts.Parents may are gathering. Is there a library pira- tion have the option of closing the pro- or may not have some veto over how nha in this school of fish?New York gram completely? Of course, that op- the money is spent,but child psychol- City has also just announced that it tion is always there. ogists will warn them that if they just will build a new tennis center. I know However,we already know that it confiscate it, they destroy independ- the mayor plays tennis,but how credi- is not money but perceived lack of ence and initiative.Parents are still re- ble does any of this make the constant quality that poses the greatest peril. sponsibie for supplying room and plea of poverty? Are we the only ones Flight or the impression of fear only board fir minors. who take it seriously? increases the danger. I made one fur- There is at least one more possi- ther attempt by coaxing a promise of a Fighting for the chance to negotiate bility. We begin to read that library formula for fund-matching for what- The process of determining the staffs have voted to curtail their own ever the school raised. If administra- role of our funding bodies for the nor- salaries to contribute funds with • • tors were responsible for both the mal operating cost of our libraries which to make up the shortfall. The school and its dean,then they were the does not need to be a confrontation, implications of such actions, which beneficiaries of my fundraising activi- but it is certainly a negotiation. Our even some opponents see as noble,are ties,and this was an easy way for them bosses will,as in any negotiation,give so selfish, so shortsighted, and so di- - to prove that they cared—proof I con- us as little as they can without incur- sastrous for them and the rest of us stantly demanded. ring what they perceive as overriding that this warrants the full attention of Public and academic libraries are damage.If there must be a confronta- my entire next column. LmRARY JOURNAL/JULY 1992 49 • WHITEPAPERS _ BY HERBERT S. WHITE Seeking Outside Funding: . The Rightand Wrong Reasons THE MANAGEMENT literature tells some enthusiastici lly and some reluc- S5000 to each and every academic li- us quite clearly that the upper chain of tantly.We seek outside funds from in- brary. I argued that such an approach supervision has two required activities dividuals, from foundations, from was illogical because it made no dis- in interacting with the lower. control government entitlements and grants. tinctions based on need or purpose. and decisionmaking. Controlling is It is inevitable and correct that we do The counterargument was always that something managers do without this because there will never be academic libraries "needed the mon- prompting, in part because they must. enough money for all of the things we ey." Of course they did, but that It comes through the approval of bud- ought to do. wasn't the point. College libraries will gets, hiring, salary increases, and However, the larger question of be as good as their institutions are equipment purchase. Decision-mak- the purpose for which we should raise willing to make them, and we under- ing is a process in which they are as- this money is largely undiscussed. We stand that quite clearly when it comes sumed to participate eagerly and to simply raise it as we need it. If the to varsity athletics. Offered funding seek a greater role, but only to the ex- purpose is to fund extra and special was never turned down by institu- tent to which such involvement is seen services that normal budgets cannot dons—from the smallest where it as a part of achieving or endangering be expected to cover, that seems rea- made a huge difference to the largest their own objectives. sonable enough. However, if it is sim- where it made little if any difference. As a teacher of management in ply to cover the failure of our bosses to Funding dwindled away to the point • our own discipline, I realize how little do their jobs—to make decisions and of perhaps supplying only one re- any of this applies to us,particularly in take responsibility for those deci- search journal(the ultimate in govern- dealing with the nonlibrarians to sions—then our action only encour- meat program irrelevancies)and final- whom we ultimately report. They of- ages more irresponsible behavior. Let ly, mercifully,disappeared—merciful- ten do not seek decision-making re- me state just three examples of why I ly because we have more logical de- sponsibility, and we allow them to es- am concerned. mands for federal support, and this cape the process of both credit and 1. Statistics from the Association process was an embarrassment. blame. of Research Libraries (.ARL) show 3. In many rases, Library Ser- Moreover,they see little if any re- that just about all research libraries are vices and Construction Act (LSCA) lationship between our performance now involved in fundraising. That is funds were and still are being used and their own success or failure,and it not unexpected or unreasonable. Aca- simply to allow local and state officials is on that premise that management deride libraries should be able to at- ;-to abdicate their own responsibilities. relationships are based. When we do tract funds from alumni and support- The argument here as everywhere is • not even try to make our nonlibrarian ers of the university. However, just the inability to afford library services, bosses manage, we make rejection of about all of this fundraising is aimed but I hope that by this time we recog- our funding requests not only easy but at collection enhancement and protec- the that easy lie. They afford what beneficial because not spending mon- Lion for books and journals. If there is they want to afford or what they feel ey always carries some rewards.When one thing that clearly should be fund- they must afford. Some of the state control can be separated from deci- ed by the university from its own bud- governments that claim poverty don't sionmaking, control almost always be- get—and if there is one thing for have any state income taxes at all,but comes oppressive. which internal support is easiest to will continue to claim shrilly that there generate—it is the books and journals is no money.Low taxes are considered Finding outside funds that will be counted again and again. more important than good libraries, All of this brings me to the issue The risk is more likely to be that the but obviously low taxes and good li- of outside fundraising. Virtually all li- shift of funds from other budgets to braries, while absurd, sounds best of braries in the public and academic sec- this omnivore will endanger the less all. The phenomenon is not restricted tor do it—some well and some badly, visible but certainly as critical needs. to any one country.I attended a meet- "Adopt a journal"seems to me a rids- ing of a Canadian provincial library taken exercise. Academic journal sub- association at which the librarians be- ,, scriptions already have parents. They rated one of the government officials • Herbert S.White are called university presidents. for implementing a policy that de- . is Distinguished 2. As a member of the Higher manded fund-matching from local A;,;?` Professor at the >>s Education Act(HEA)Title II Adviso- government bodies for the receipt of ry5st provincial grants. These librarians ar- School of Libra� and Information Committee more than 20years ago. Science,Indiana 8I argued alone and fruitlessly against gued that they desperately needed the University, the definition then of Title II-A, the money to serve library users, but that Bloomington pork barrel legislation that allocated they would never be able to convince t0 WHITE PAPERS ---- BY HERBERT S.WHITE Coalition-Building and the Image of Power ACCORDING TO MY unabridged cause the cost of fragmenting such ac- The Kozol/Snyder connection? dictionary, an alliance is an associa- tivities is absurdly high, and that is a When Jonathan Kozol speaks at tion or union formed for the further- point we don't make nearly well national and state library conferences, ance of common interests and aims of enough. as he frequently does, he speaks with the members of the allying groups. A the sincere commitment to his cause coalition,by contrast,is only a tempo- Coalition rivals and the practiced eloquence he has de- rary alliance of distinct parties for The local agency—be it a school veloped, but I fail to find the direct joint action or to achieve a common district, municipality, college, hospi- connection to our agendas.Since there purpose. tal, or corporation—pays the opera- will always be a variance of wealth in All of this assumes that each of tional costs of running its own library. local school districts and even in the parties has a set of unique priori- states,I assume that Kozol is advocat- ties that it brings to the negotiating ` ' ing some sort of national funding sessions with its would-be coalition guarantees. partners, and this results in an active If we have the I am sure that Kozol hopes that and healthy quid pro quo based on the this will improve the quality of the na- existence of different but complemen- strength for elbowing tion's schools, but will it necessarily tary agendas and priorities. If the improve the funding and quality of agendas are the same,there is no need our way to the head of school doubt that libraries Koz and da media thougc mers? I that for coalitions. one group forgoes its theline, do we have priorities for the ne,other, it is simplylevel of micromanagement, and we subsumed. the stomach for it? haven't been crass enough to ask him. It obviously helps in planning po- However, we do know that the litical strategy if we understand from , , federal government does not resemble whom we want what. Federal funds Santa Claus,and that with federal pro- will not support local library operating I have not mentioned affordability. grams we get federal rules and con- expenditures in the near future. We Nothing is usually admitted as afford- trols. Is there reason to expect that a ought to be able to get federal funds able,and yet everything that has to be federal imposition of school library for the things for which there is an done is affordable. The federal gov- standards would lead to a greater ap- agreed-upon federal role, at least in ernment will continue to pay for the preciation of school librarians?Where principle. Even an agreement in prin- Savings & Loan bailout without even would that wellspring of love come ciple may not lead to funding, but at knowing what the final bill will be. from? The Department of Education, least it offers a chance. At the federal Where does this leave us in our or the Office of Management and level this may include pilot and start- relation to presumed coalition part- Budget? They might even decide to up costs, research, educational grants ners?Not in very good shape,because contract out all school libraries to the for minority recruitment, and cooper- these groups all have massive funding private sector. ative activities that cross state lines. proposals of their own.If you want to There is a more garish example. From state agencies we should argue that they deserve the money, The late Mitch Snyder, self-appointed expect funding for any activities that you may be right, but you will have spokesperson for all the complex and are statewide. This includes educa- missed my point. multifaceted community of homeless, tional support for state universities When two groups compete for the was invited to speak at an American and library networks and most partic- same money from the same source, Library Association (ALA) confer- ularly statewide bibliographic access they are not partners.They are rivals. ence. That talk, which never men- and resource sharing. State legisla- Compromise is of course possible,but tioned libraries or librarians (read it tures should pay for these things, be- nobody has yet offered any sort of for yourself),was somehow published compromise to us. In looking at our in the Sept./Oct. 1989 Public Libraries so-called coalition partners, I see no and then selected for inclusion for the quid pro quo. Best of Library Literature for 1989. i Herbert S.White Instead, what happens is that we Are we really that desperate for � ;: is Distinguished are willing to support their priorities, articles to select something that was d'' Professor at the and they are willing to let us.In talking simply a political diatribe (even if an School of Library \it and Information-Ai to us,they rarely even bother to modi- eloquent one) without either refer- Science,Indiana fy their set speeches to include the ences to or a mention of our profes- • University, needs of the specific audience they are sion? What do we tell those who al- • Bloomington addressing. ready question the state of academic LIBRARY JOURNAIJJANUARY 1993 69 WHITE PAPERS rigor in our profession, or do we just Power and the image of power our ambitions, specifically for our- hope they don't notice? Robert L. Strauss, U.S. ambassa- selves, our professsion, and our insti- dor to what is left of the Soviet Union, tutions? Coalitions with senior citizens is a Democrat who has exercised polit- This column may spark letters ical power under the administration of We are still a bargain that argue the saintly virtues of Kozol both parties without ever being elect- Perhaps, paradoxically, the re- and Snyder, but they will miss my ed to anything.He describes his strate- sults of a recent Gallup Poll (News, point that ALA conferences should gy as the cultivation of the "image of LI,August,p. 16)suggest that we real- not be love-ins but meetings at which power." As trade representative for ly have more political power than we we talk about the cares and concerns President Carter, he refused to pro- think. According to Gallup, public of libraries and librarians and strate- vide a briefing paper for the Secretary and community leaders would be will- gies of what to do about them. Are of State to use in Moscow trade nego- ing to more than double the present there then groups with which we can tiations. He insisted on representing level of support for public libraries. negotiate agreements of mutual bene- the country personally in these negoti- Despite all of our efforts at self-efface- fit and convenience, as true coalition ations and ultimately stated that the ment, people can see what a fantastic partners? only "paper" he would deliver would bargain we are. The Gallup pollsters It goes almost without saying that be his resignation. He prevailed, and did not hear that these people were the first requirement is that they be his explanation for insisting is direct willing to pay higher taxes, only that groups not after the same money we and simple. He had to represent the they were willing to support libraries. are after. The workers at the closing country, or he would have lost all fu- That means support them instead of GM assembly plant in Ypsilanti, tare credibility as a trade negotiator. supporting something else. Michigan may yet come to realize that Are we prepared to use such le- their most immediate rivals were not ` ' verage in the negotiation of our coali- the Japanese,but the GM plant in Ar- tions, by positing that our agenda lington, Texas. If you have rivals, at When two groups comes first because we have more sup- least know who they are. port?Not unless and until we first em- The most attractive coalition can- compete for the same brace our own self-image of impor- didate for us might be the American tance and power. It is not difficult to Association of Retired Persons money from the same predict that, in the absence of specific (AARP). It is generally acknowledged source, they are not initiatives by our profession, the re- to be the most powerful political lobby cent election will make very little in the United States, and one whose partners difference. enmity is never sought by any politi- Our profession has not fared par- cian.Yet AARP has taken no stance in , i ticularly well under a Republican ex- support of public library funding, de- ecutive agenda, but we will do no bet- spite the fact that we know we play a And having lost that image of power, ter in a Democratic environment in significant role in enhancing the quali- he would no longer be taken seriously. which taxes must be kept down but ty of life for senior citizens. When I What is our self-image of power, social program expectations are al- mentioned this at a state conference of or are we just unconditional lovers? lowed to rise.If anything,competition public library trustees, one trustee The issue is not whether Kozol or Sny- with our "coalition partners" could commented that the situation was der are right or virtuous.The point is become more ferocious, assuming we even worse than I had pictured it. that all they can really ask is that we let decided to compete at all. It is more Senior citizens were, as a group, them into line ahead of us. Has any- likely that the line in front of us will particularly opposed to any and all tax one noticed that the longer we stand in just get still longer. increases, including those that might line,the longer it gets in front of us?Is benefit or save libraries.Senior citizens our image of power simply the process Still unanswered questions who do use libraries have not demand- of saying "yeah, me too!" whenever There are many unanswered ed that their fellow senior citizens sup- someone says something we deem vir- questions. If we have the strength for port us even as they perhaps oppose tuous?Or would we be better off con- elbowing our way to the head of the something else.Perhaps this is because centrating on those images that are line, do we have the stomach for it?Is we have never made the case that the both important and in our unique area the phrase"ruthless librarian"an oxy- quality of service to them is related to of expertise? I suspect that Ambassa- moron?When I say ruthless I obvious- and perhaps even dependent on their dor Strauss would know the answer to ly mean ruthless in a good cause— activity and vocal support. that question. ours. I guess we just don't like taking We are not going to establish any Election winners probably make hostages, but once the library budget coalitions that work for us if we invite little difference for us because we cut is already announced it is usually pleaders for special causes just be- don't just lose ground during the bad too late, because in addition to plead- cause some of us think the cause is years.We lose ground during the good ing for funds, you have to identify al- just, and particularly if, as reported, years,too.Do the issues that surround temative victims. In any case, we these eloquent and practiced speakers libraries and librarians really interest make no demands on any of the citi- make us weep. In our saline outpour- the association leaders who attend zens as a precondition for quality li- ings we may even forget why we came ALA conferences, or are they there for brary service.Ours is only an outpour- to the professional conference. Mark some other purpose to which their ing of unconditional and perhaps Antony noted that "ambition should professional affiliation is at best inci- unrequited love. be made of sterner stuff." What are dental?There are reasons to wonder. 70 LIBRARY JOURNALJANUARY 1993 employees, and further provided that all in uLivac iu.. y• r� '-` ,,• ` Lt -c`'• SB 360 is to be TEXAS LEGISLATIVE SERVICE �^_____, 2J16I93 rni 2 files of an individual employee within a governmental body Filed by Armhrister \ � employee or his designated 3 made available to that individual emp Y 1 _.j __�� A BILL TO ACTE ENTITLED . 4 representative as is public information under this Act; } AN to litigation of a criminal .� +3) information relating 2 relating to making confidential a record that would identify a 6 or civil nature and settlement negotiations, to. which the state or 3 person who uses library services or materials. party, or to which an 7 political subdivision is, or may be, a p Y BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: as a Chapter 424, Acts of the 63rd B officer or employee of the state or political subdivision, thata 5 SECTION I . Section 3, be a party., 1973 (Article 6252-17a, Vernon's 9 consequence of his office or employment, is or may 6 Legislature, Regular Session, 10 the attorney general or the respective attorneys of the various 7 Texas Civil Statutes), is amended by amending Subsection (a) and 11 political subdivisions has determined should be withheld from g adding Subsection (g) to read as follows: ` 12 public inspection; 9 (a) All information collected, assembled, or maintained by if released, would give 10 or for governmental bodies, except in those situations where the 13 (4) information which, 11 governmen tal bod does not nave either a right of access to or 14 advantage to competitors or bidders; to to the location of real or l5) information pertain g 12 ownership of the information, pursuant to law or ordinance or in 15 public purposes prior to public. announcement ro ert for p p 13 connection with the transaction of official business is public 16 personal property and information pertaining to appraisals or 17 of the project, a oses 14 information and available to the public during normal business purposes 15 hours of any governmental body, with the following exceptions only: 18 purchase price of real or personal property for public (1) information deemed, confidential by law, either 19 prior to the formal award of contracts therefor; 16papers involved in the 17 Constitutional, statutory, or by judicial decision; • 20 (6) drafts and working p P (2) personnel21 preparation of proposed legislation; General 18 information in files, the disclosure of unwarranted invasion of personal Z2 (7) matters in which the duty of the Attorney 19 which would constitute a clearly to his client, . 23. of Texas or an attorney of a political subdivision, 20 privacy, and transcripts from institutions of higher education 21 maintained in the personnel files24 pursuant to the Rules and Canons of Ethics of the State Bar of of professional public school order of a court 22 employees; provided, however, that nothing in this section shall be 25 Texas are prohibited from disclosure, or which by 26 are prohibited from disclosure; and 23 construed to exempt from disclosure the degree obtained and the (8) records of law enforcement agencies 24 curriculum on such transcripts of professional public school 27 c ,TAD-D !' m 73R2259 JRD-D e - 1 prosecutors that deal with the detection, investigation,. and 1 personnel, the student involved, that student's parent, legal 2 prosecution of crime and the internal records and notations of such 2 guardian, or spouse or a person conducting a child abuse 3 law enforcement agencies and prosecutors which are maintained for 3 investigation required by Section 34.05, Family Code; 4 internal use in matters relating to law enforcement and 4 (15) birth and death records maintained by the Bureaul 5 prosecution; 5 of Vital Statistics of the Texas Department of Health, except that: 6 (9) private correspondence and communications of an 6 (A) a birth record is public information and 7 elected office holder relating to matters the disclosure of which 7 available to the public on and after the 50th anniversary of the 8 would constitute an invasion of privacy; B date on which the record is filed with the Bureau of Vital 9 (10) trade secrets and commercial or financial 9 Statistics or local registration official; and - 1Q information obtained from a person and privileged or confidential 10 (B) a death record is public information and ' 1 by statute or judicial decision; 11 available to the public on and after the 25th anniversary of the 12 (11 ) inter-agency or intra-agency memorandums or ,12 date on which the record is filed with the Bureau of Vital 13 letters which would not be available by law to a party in 13 Statistics or local registration -official; 4 litigation with the agency; - 14 (16) the audit working papers of the State Auditor ; 15 ( 12) information contained in or related to 15 (17) information relating to: 16 examination, operating, or condition reports prepared by, on behalf 16 (A) the home addresses or home telephone numbers 17 of, or for the use of an agency responsible for the regulation or 17 of each official or employee or each former official or employee of 18 supervision of financial institutions, and/or securities, as that 18 a governmental body except as otherwise provided by Section 3A of 19 term is defined in the Texas Securities Act; 19 this Act, or of peace officers as defined by Article 2.12, Code of 20 (13) geological and geophysical information and data 20 Criminal Procedure, 1965, as amended, or by Section 51.212, Texas ,' including maps concerning wells, except information filed in 21 Education Code; or 22 connection with an application or proceeding before any agency or 22 (B) the home addresses, home telephone numbers 23 an electric log confidential under Subchapter M, Chapter 91 , 23 or social security numbers of employees of the Texas Department of 24 Natural Resources Code; 24 Criminal Justice, or the home or employment addresses or telephone 25 (14) student records at educational institutions - 25 numbers or the names or social security numbers of their family 26 funded wholly, or in part, by state- revenue; but such record:, shall 26 members; 27 be made available upon request of educational institution ; 27 (18) information contained ' on or derived from 73R2259 JRD-D 3 • 4''1 73R2259 JRD-D 4 • 1 triplicate prescription forms filed with the Department of Public 1 educational institutions that are funded wholly or in part by state 2 Safety pursuant to Section 981 .075, Health and Safety Code; 2 revenue and test items developed by licensing agencies or 3 (19) photographs that depict a peace officer as 3 governmental bodies; (and] 4 defined by Article 2.12, Code of Criminal Procedure, or a security 4 (23) the names of applicants for the position of chief 5 officer commissioned under Section 51.212, Education Code, the 5 executive officer of institutions of higher education, except that 6 release of which would endanger the life or physical safety of the 6 the governing body of the institution of higher education must give 7 public notice of the name or names of the finalists being 7 officer unless: 8 (A) the officer is under indictment or charged 8 considered for the position at least 21 days prior to the meeting 9 at which final action or vote is to be taken on the employment o 9 with an offense by information; or f 10 (8) the officer is a party in a fire or police id the individual; and 11 civil service hearing or a case in arbitration; or 11 (24) records of a library or library u stem, supported 12 (C) the photograph is introduced as evidence in 12 in whole or in part by public funds, that identify or serve to 13 identify a person who requested, obtained, or used a library 13 a judicial proceeding; 14 (20) rare books and original manuscripts which were 14 material or service, unless the records are disclosed: system 15 not created or maintained in the conduct of official business of a 15 (A) because the library cc library 16 governmental body and which are held by any private or public 16 determines that disclosure is reasonably necessa j for the 17 archival and manuscript repository for the purposes of historical 17 operation of the library or library system, and the records are not 18 confidential under other state or federal law; 18 research; 19 (21) oral history interviews, personal papers. 19 (8) under Section 38 of this Act; or 20 unpublished letters, and organizational records of nongovernmental 20 (C) to a law enforcement agency or a prosecutor 21 entities, which were not created or maintained in the conduct of 21 under a court order or subpoena obtained after a showing to a 22 official business of a governmental body and which are held by any 22 district court that: . 23 private or public archival and manuscript repository for the 23 (i) disclosure of the records is necessary 24 purposes of historical research, to the extent that the archival 24 to protect the public safety; or 25 and manuscript repository and the donor of the interviews, papers, 25 ( ii) the records are evidence of an 26 letters, and records may agree to limit disclosure of the item; 26 offense or constitute evidence that a particular person committed 27 (22) curriculum. objectives and test items developed by 27 an offense. • 73R2259 JRD-D 5 73R2259 JRD-D 6 o t? (g) Records o1: a library or library system that are excepted 2 om re uired disclosure under Subsection (a)(24) of this section 3 are confidential. 4 SECTION 2. This: Act takes effect September 1', 1993. 5 SECTION 3. The importance of this legislation and the 6 _ crowded condition of the calendars in both houses create an 7 . emergency and an imperative public necessity that the g constitutional rule' requiring bills to be read on three several 9 dams in each house be suspended, and this rule is hereby suspended. 73R2259 SRD-D- 7 3 8 OPEN MEETINGS ACT THE LAW 9 THE ACT Art.6252-17. Prohibition on governmental bodies from holding meetings which are closed to the public Definitions Section 1.As used in this Act: (a)"Meeting"means any deliberation between a quorum of mem- bers of a governmental body,or between a quorum of members of a governmental body and any other person,at which any public business or public policy over which the governmental body has supervision or control is discussed or considered, or at which any formal action is taken.It shall not be construed that the intent of this definition is to prohibit the gathering of members of the governmental body in numbers of a quorum or more for social functions unrelated to the public business which is conducted by the body or for attendance of regional,state, or national conventions or workshops as long as no formal action is taken and any discussion of public business is inciden- tal to the functions,conventions,or workshops. (b) "Deliberation" means a verbal exchange during a meeting between a quorum of members of a governmental body,or between a quorum of members of a governmental body and any other person, concerning any issue within the jurisdiction of the governmental body or any public business. (c)"Governmental body"means any board,commission,depart- ment,committee,or agency within the executive or legislative depart- ment of the state,which is under the direction of one or more elected or appointed members; and every Commissioners Court and city council in the state,and every deliberative body having rule-making or quasi-judicial power and classified as a department, agency, or political subdivision of a county or city;and the board of trustees of every school district,and every county board of school trustees and county board of education; and the governing board of every special district heretofore or hereafter created by law. (d) "Quorum"unless otherwise defined by constitution,charter, Yr rule or law applicable to such governing body, means a majority of the governing body. �7_. 10 OPEN MEETINGS ACT THE a LAW 11 Sec. 1 amended by Acts 1973,63rd Leg.,P. 45,ch.31, § 1,eff.Jan. 1, iing position of the governmental body as between such body and a 1974;Sec. 1(a),(b)amended by Acts 1987,70th Leg.,ch.549,§ 1,eff. 1 third erson,firm or corporation. Aug 31, 1987. 1 p Application of act (g)Nothing in this Act shall be construed to require governmen- tal bodies to hold meetings open to tonnes he public in cases involving the Sec.2. (a)Except as otherwise provided in this Actors specifically appointment, employment, evaluation, reassignment, duties, dis- P Y cipline,or dismissal of a public officer or employee or to hear corn- permitted in the Constitution,every regular,special,or called meet- ing or session of every governmental body shall be open to the public; plaintsorem or charges against such officerhearin or employee,unless such officer ployee requests a public g. and no closed or executive meeting or session of any governmental body for any of the purposes for which closed or executive meetings (h) Nothing in this Act shall be construed to require school or sessions are hereinafter authorized shall be held unless a quorum boards to hold meetings open to the public in cases involving dis- of the governmental body has first been convened in open meeting or cipline of public school children unless an open hearing is requested session for which notice has been given as hereinafter provided and in writing by a parent or guardian of the child. during which open meeting or session the presiding officer has public- ly announced that a closed or executive meeting or session will be held (i)All or any part of the proceedings in any public meeting of any and identified the section or sections under this Act authorizing the governmentala body as defined hereinabove may bel recorded by any holding of such closed or executive session. person in attendance by means of a tape recorder,video camera, or any other means of sonic or visual reproduction. The governmental (b) In this Act, the Legislature is exercising its rule-making powers to prohibit secret meetings of the Legislature,its committees, body may adopt reasonable rules to maintain order at the meeting lace. These rules mayinclude, but shall not be limited to,a deter- or any other bodies associated with the Legislature,except as othe urination of the location of such equipment and the manner in which wise specifically permitted by the Constitution. p the recording is conducted; provided,however, that the rules do not (: have the effect of preventing or unreasonably impairing camera 1 (c) A governmental body may exclude any witness or witnesses coverage or tape recording. <r from a hearing during examination of another witness in the matter being investigated. (j) Nothing in this Act shall be construed to require governing bodies to deliberate in open meetings regarding the deployment or (d) Nothing in this Act shall be construed to affect the delibera- specific occasions for implementation, of security personnel or tion of grand juries. devices. (e) Private consultations between a governmental body and its (k) Nothing in this Act shall be construed to allow a closed °" attorney are not permitted except in those instances in which the body meeting of a governing body where such closed meeting is prohibited, seeks the attorney's advice with respect to pending or contemplated or where open meetings are required,by charter. litigation, settlement offers, and matters where the duty of a public body's counsel to his client, pursuant to the Code of Professional (1)Whenever any deliberations or any portion of a meeting are • Responsibility of the State Bar of Texas,clearly conflicts with this Act. closed to the public as permitted by this Act,no final action,decision, or vote with regard to any matter considered in the closed meeting (f) The public may be excluded from that portion of a meeting shall be made except in a meeting which is open to the public and in during which a discussion is had with respect to the purchase, ex- compliance with the requirements of Section 3A of this Act. change, lease, or value of real property, negotiated contracts for prospective gifts or donations to the state or the governmental body, (m) Nothing in this Act shall be construed to require school when such discussion would have a detrimental effect on the negotiat- boards operating under consultation agreements provided for by 2 12 OPEN MEETINGS ACT THE LAW 13 1 Section 13.901 of the Texas Education Code to deliberate in open Section 61.003 of the Education Code, from holding an open or meetings regarding the standards,guidelines,terms,or conditions it executive meeting by telephone conference call.Each part of a meet- will follow or instruct its representatives to follow, in consultation i ing that is required to be open to the public and that is held by a with representatives of employee groups. conference call must be available to be heard by the public at the normal meeting place for the board of regents or, in the case of (n) Nothing in this Act shall be construed to require an agency Systems,the board of regents conference room at the System office wholly financed by Federal funds to deliberate in open meetings. and must be tape recorded.The tape recording must be made avail- able to the public.A meeting held by conference call is subject to the (o) Nothing in this Act shall be construed to require medical same notice requirements that apply to other meetings.For purposes boards or medical committees to hold meetings open to the public in of the notice,the place of the meeting by conference call is considered cases where the individual medical and psychiatric records of an to be the normal meeting place for the board of regents or,in the case applicant for a disability benefit from a public retirement system are of Systems,the board of regents conference room at the System office. being considered. Telephone conference calls shall be restricted to special called meet- ings requiring immediate action when it is otherwise difficult or (p) Nothing in this Act shall be construed to require that inter- impossible to convene a quorum of the board of regents in one views or counseling sessions between the members of the Board of location. Pardons and Paroles and inmates of any facility of the Texas Depart- ment of Corrections be open to the public. (s) [Blank] (q)The requirements of this Act shall not apply to a meeting of (t) This Act does not require the Credit Union Commission to the State Board of Insurance in the discharge of responsibilities to deliberate in open meetings regarding matters made confidential by regulate and maintain the solvency of those persons over which the law. agency has regulatory authority. In this regard, the State Board of Insurance may meet in closed meeting with any of its staff and/or the Sec.2 amended by Acts 1971,62nd Leg.,p.1401,ch.381,§1,eff.Aug. regulated person or representatives of the regulated person to 30,1971;Acts 1973,63rd Leg.,p.45,ch.31,§2,eff.Jan 1, 1974; Sec. deliberate and determine appropriate action to be taken with respect 2,subsec.(q)added by Acts 1985,69th Leg.,ch.348,para. 1,elf.Aug. to the person's solvency. 26,1985;Sec.2(a),(i)amended and(r)added by Acts 1987,70th Leg., ch.549,§2,eff.Aug.31,1987;Sec.2(r)added by Acts 1987,70th Leg., Text of subsec. (r)as added by Acts 1987, 70th Leg., ch. 549, §2 ch.964,§4,eff.Aug.31,1987. Spec.2(t)added by Acts 1989,71st Leg., 11, ch. 1098,§ 18,eff.Aug.28, 1989. (r)Nothing in this Act shall be construed to require a quorum of Agenda for closed meetings the members of a governmental body to confer with an employee or employees of the governmental body in an open meeting where such conference is for the sole purpose of receiving information from the Sec.2Aa For each of its meetings that is closed to the public,exce t for consultations in accordance with Subsection(e)of Section employee or employees or to ask questions of the employee or P , employees; provided,however,that no discussion of public business 2 of this Act,a governmental body shall keep a certified agenda of the or agency policy that affects public business shall take place between proceedings. the members of the governmental body during the conference. rt ` (b)The presiding officer must certify that the agenda kept under LA Text of subsec. (r) as added by Acts 1987, 70th Leg.,ch. 964,§4 Subsection (a) of this section is a true and correct record of the w. proceedings. (r) This Act does not prohibit the board of regents or other governing body of an institution of higher education, as defined by k c 14 15 OPEN MEETINGS ACT THE LAW (c)The certified agenda shall include an announcement made by (1) actual damages including but not limited to lost wages, the presiding officer at the beginning and end of the meeting indicat- 1 damages due to defamation of character,or mental or other emotion- ing the date and time. The certified agenda shall state the subject i al distress or other personal injury or damages; matter of each deliberation and shall include a record of any further action taken.The certified agenda of closed or executive sessions shall (2)costs of court; be made available for public inspection and copying only upon court i i order in an action brought under this Act. (3) reasonable attorney's fees;and (d)In lieu of the requirements for maintaining a certified agenda ; (4) exemplary or punitive damages in the discretion of the trier as provided in Subsections (a), (b), and (c) of this section, a of fact. governmental body may make a tape recording of the proceedings which shall include an announcement made by the presiding officer (i) An offense under Subsection (h) of this section is a Class B at the beginning and end of the meeting indicating the date and time. misdemeanor. (e)The certified agenda or tape shall be available for in camera It shall be a defense to prosecution under Subsection (h) of inspection by the judge of a district court if litigation has been this section and an affirmative defense in any civil action arising under initiated involving an alleged violation of this Act. The court upon Subsection(h) that the person releasing the certified agenda or tape entry of a final judgment may admit the certified agenda or tape into thereof had good reason to believe the release was lawful or that the evidence in whole or in part. The court may grant equitable or legal release was the result of a mistake of fact concerning the nature or relief it considers appropriate, including an order that the content of the certified agenda or tape. governmental body make available to the public the certified agenda or tape of any part of a meeting that was not authorized to be closed Sec.2A added by Acts 1987,70th Leg.,ch.549,§3,eff.Aug.31,1987. under this Act. Mandamus or injunction to prevent closed meetings (f)The governmental body shall preserve the certified agenda or tape for at least two years after the date of the meeting. If an action Sec. 3. (a) Any interested person, including bona fide members involving the meeting is commenced during the required preservation of the news media,may commence an action either by mandamus or period, the certified agenda or tape shall be preserved pending the injunction for the purpose of stopping,preventing,or reversing viola- outcome of the action. tions or threatened violations of this Act by members of a governing body.An action taken by a governmental body in violation of this act (g) No member of a governmental body shall participate in a is voidable. meeting of the governmental body closed to the public knowing that a certified agenda of the meeting is not being kept or tape recording (b) In an action brought under this section, a court may assess is not being made.A person who violates this subsection commits a costs of litigation and reasonable attorney's fees incurred by a plaintiff Class C misdemeanor. or defendant who substantially prevails. In exercising its discretion, the court shall consider whether the conduct of the governmental (h) No individual, corporation, or partnership shall, without body had a reasonable basis in law and whether the litigation was lawful authority,knowingly make public the certified agenda or tape brought in good faith. recording of a meeting or that portion of a meeting that was closed under authority of this Act. A person who violates this subsection Sec.3 amended by Acts 1979,66th Leg.,p.1015,ch.449,§1,eff.Aug. shall be liable to any person injured or damaged thereby for: 27,1979;Acts 1987,70th Leg.,ch.549,§4,eff.Aug.31, 1987. Notice of meetings I16 OPEN MEETINGS ACT THE LAW 17 Sec. 3A. (a) Written notice of the date,hour,place,and subject (g)The governing body of a water district,other district,or other of each meeting held by a governmental body shall be given before political subdivision, except a district or political subdivision the meetings prescribed by this section. The requirement for notice described in Subsection (f) of this section,shall have a notice posted prescribed by this section does not apply to matters about which at a place convenient to the public in its administrative office, and specific factual information or a recitation of existing policy is fur- shall also furnish the notice to the county clerk or clerks of the county 1 i nished in response to an inquiry made at such meeting,whether such inquiry is made by a member of the general public or by a member of or counties in which the district or political subdivision is located.The county clerk shall then post the notice on a bulletin board located at 'z 1 the governmental body.Any deliberation,discussion,or decision with a place convenient to the public in the county courthouse. respect to the subject about which inquiry was made shall be limited to a proposal to place such subject on the agenda for a subsequent (h) Notice of a meeting must be posted in a place readily acces- sible to the general public at all times for at least 72 hours preceding provided in compliance with this Act. the scheduled time of the meeting,except that notice of a meeting of a state board, commission, department, or officer having statewide (b) A State governmental body shall furnish notice to the jurisdiction,other than the Industrial Accident Board or the govern- Secretary of State,who shall then post the notice on a bulletin board ing board of an institution of higher education,must be posted by the to be located in the main office of the Secretary of State at a place Secretary of State for at least seven days preceding the day of the convenient to the public. meeting. In case of emergency or urgent public necessity,which shall be clearly identified in the notice,it shall be sufficient if the notice is (c) A city governmental body shall have a notice posted on a posted two hours before the meeting is convened.Any public official bulletin board to be located at a place convenient to the public in the or person who is designated or authorized to post notices of meetings city hall. by a governmental body in accordance with Section 3A of this Act shall post the notice taking at face value the reason for the emergency (d)A county governmental body shall have a notice posted on a as stated by the governmental body. Cases of emergency and urgent bulletin board located at a place convenient to the public in the county public necessity are limited to imminent threats to public health and courthouse. safety or reasonably unforeseeable situations requiring immediate Y that where a action by the governmental body. Provided further, (e)A school district shall have a notice posted on a bulletin board meeting has been called with notice thereof posted in accordance with located at a place convenient to the public in its central administrative this subsection, additional subjects may be added to the agenda for ri office and shall give notice by telephone or telegraph to any news media requesting such notice and consenting to pay any and all such meeting by posting a supplemental notice, in which the emer- gency or urgent public necessity requiring consideration of such expenses incurred by the school district in providing special notice. additional subjects is expressed. In the event of an emergency meet- ing,or in the event any subject is added to the agenda in a supplemen- li (f) A governmental body of a water district or other district or tal notice posted for a meeting other than an emergency meeting,it political subdivision covering all or part of four or more counties shall shall be sufficient if the notice or supplemental notice is posted two e i have a notice posted at a place convenient to the public in its ad- hours before the meeting is convened,and the presiding officer or the ministrative office,and shall also furnish the notice to the Secretary member calling such emergency meeting or posting supplemental ', of State,who shall then post the notice on a bulletin board located in notice to the agenda for any other meeting shall, if request therefor the main office of the Secretary of State at a place convenient to the containing all pertinent information has previously been filed at the public; and it shall also furnish the notice to the county clerk of the headquarters of the governmental body,give notice by telephone or county in which the administrative office of the district or political telegraph to any news media requesting such notice and consenting i , subdivision is located,who shall then post the notice on a bulletin to pay any and all expenses incurred by the governmental body in board located at a place convenient to the public in the county providing such special notice. The notice provisions for legislative courthouse. 18 OPEN MEETINGS ACT THE LAW 19 committee meetings shall be as provided by the rules of the house and demeanor and on conviction is punishable by a fine of not less than senate. $100 nor more than$500 or imprisonment in the county jail for not less than one month nor more than six months or both. Sec. 3A amended by Acts 1971, 62nd Leg., p. 1789, ch. 527, § 1,eff. June 1, 1971;Acts 1973,63rd Leg.,p.47,ch.31,§3,eff.Jan 1 1974 Sec.4 amended by Acts 1973,63rd Leg.,p.48,ch.31,§4,eff.Jan. 1, 1974;Sec.4(a),(b)amended by Acts 1987,70th Leg.,ch.549,§6,eff. Sec.3A,subsec.(h)amended by Acts 1975,64th Leg.,p.968,ch.367, §1,eff.Sept.1,1975;Sec.3A,subsec.(a)amended by Acts 1977,65th Aug.31, 1987. Leg., p. 1674, ch. 659, § 1, eff. Aug. 29, 1977; Sec. 3A, subsec. (e) amended by Acts 1981, 67th Leg., p. 2231, ch. 529, § 1, eff. Sept. 1, 1981; Sec. 3A(a), (h) amended by Acts 1987, 70th Leg.,ch. 549, §5, eff.Aug.31, 1987. Record of open meetings Sec.3B.A governmental body shall prepare and retain minutes or make a tape recording of each of its open meetings. The minutes shall state the subject matter of each deliberation and shall indicate each vote,order,decision,or other action taken by the governmental body. The minutes or tapes prepared under this section are public records and shall be made available for public inspection and copying on request to the chief administrative officer of the governmental body or to any other official designated by the chief administrative officer. Sec.3B added by Acts 1987,70th Leg.,ch.549,§4,eff.Aug.31, 1987. Violations and penalties Sec.4.(a)Any member of a governing body who knowingly calls or aids in calling or organizing a special or called meeting or session which is closed to the public, or who knowingly closes or aids in closing a regular meeting or session to the public,or who knowingly participates in a regular,special,or called meeting or session which is closed to the public where a closed meeting is not permitted by the provisions of this Act, shall be guilty of a misdemeanor and on conviction is punishable by a fine of not less than$100 nor more than $500 or imprisonment in the county jail for not less than one month nor more than six months,or both. (b)Any member or group of members of a governing body who knowingly conspires to circumvent the provisions of this Act by meeting in numbers less than a quorum for the purpose of secret deliberations in contravention of this Act shall be guilty of a mis-