Saturday, February 17, 2007

SKIP LLOYD: "there are two ways that a Library Board can be disbanded...by a vote of 51% of the voters"...and by "adopting a Joint Powers Agreement"

This is the third in a series of five “In Her/His Own Words” posts on the Library.

Regular Meeting
Tuesday, February 6, 2007


XI. Orders of Council
A. Review the Organization Study of Library Operations from John Goss of Ralph Andersen & Associates and provide policy direction.

“I’m Skip Lloyd. I’m a long time resident of Carmel. Madam Mayor and Council...I don’t have any quarrel with your objective in securing this report, obviously I think it’s always good to examine what’s going on in your department.”

“The only thing I wanted to comment upon was an inference in the report, as I saw it, that the Library Board does not administer the library or is not authorized to administer the library. I think the Education code is quite clear on that. And there is a reference to the Government Code as perhaps being inconsistent with the Education Code under which the library is established. I would just point out, on that point, that it is important that there was actually a court case on that very point in Monterey Park where the City Council there inadvisedly tried to disband the Library Board and the court said that the code section in the Government Code was entirely subservient to the Education Code provisions.”

“I served on the Library Board many years ago, back in the 70s probably around the time some of these things were brought into the municipal code, because I remember the issue was so clear as to the independence of the Library Board versus the city. And it was an issue over money at that time; not a big confrontation. But the Library Board was very independent and managed to save up about a million dollars at that time, as I recall, jealously guarded by a man named Peter Dyer. And of course, a lot of that money ended up helping to equip and purchase the Library Branch that was later, when the establishment took over the Savings and Loan building.”

“So I would just like to speak, in closing, as I understand the Education Code and that case that I mentioned, there are two ways that a Library Board can be disbanded. One is by a vote of 51% of the voters of the city, and the other one is by adopting a Joint Powers Agreement with another local agency and deciding to proceed in that fashion. Just speaking for the independence of the library and the importance of that to the city, I would say that number one, they are independent, and number two, I think it would be a big mistake to operate Harrison Memorial Library under a Joint Powers Agreement whereby Carmel cedes its authority to a broader board. I think it would be unfortunate, out of keeping with its history and it would very well have the negative impact on fundraising that you’ve heard about already.”


Goss Rebuttal:

“I don’t believe there was an inference, hopefully there wasn’t, that the Library Board does not have the authority to administer the library, just pointing out some analomies, in the fact that the State library system, when they look at an Administrative Board, which they consider your Library Board to be, there were certain elements that for one thing that was taken out of their authority in the Municipal Code that used to be in the Education Code and that is the appointment of the Library Director…and that was transferred to the City Administrator. Most Administrative Boards adopt the entire library budget which they don’t here, they adopt the restricted budget. You approve a General Fund budget for the rest of the operation. It’s an Administrative Board, but it doesn’t really have all the elements of an Administrative Board as it now functions.”

3 comments:

Anonymous said...

Mr. Goss's "rebuttal" appeared actually to fail to even address the most significant points made by Mr. Lloyd. I say "appeared" because Goss's remarks were incoherent enough that I couldn't understand them when I heard them and can't understand them after having read the transcript.
If I understand it correctly, only the Library Board had the right to hire and fire the Library Director under state law. The mayor has arrogated that right to herself now. Was there a change in the state law that actually permits this or is this just another case of the mayor trampling on the law and the best interests of Carmel residents and businesses?
Another question is, why when Carmel had arguably the best library in California, does the mayor with the support of the city council want to make it much more ordinary - a library that Carmel can no longer enjoy as much or feel as proud about? Despite what the mayor and city councilors say, it certainly isn't about money.

Anonymous said...

51% vote to disband the library board. Except, of course, in Carmel-by-the-Sea land, where the Flanders Mansion property is not really "parkland" and the library may very well not be a "library." And where the Council may very well vote to disband the library board. All designed to give Sue and her sidekicks the power to impose their own agenda of us. Enough is enough!

Anonymous said...

Skip Lloyd said he did not quarrel with the city's objective in contracting with an outside consultant for a library report. I do. I strenously object.

First, the city's "objective" was not to examine the operations of the library, rather the mayor's objective was to show Margaret Pelikan the writing on the wall, hence her sudden departure, and provide cover for more control over the library, as one commenter wrote.

Second, the $15,000 cost was a total waste of time and money. If the city was properly managed by a competent city manager and non-controlling mayor, then the city administrator would have resolved these issues with the library director.