Do operational policies and procedures require board approval?
No. Operational documents do not require board approval because they are based on board-approved policy statements.
May public libraries allow the display of campaign materials on their premises?
As stated in PDC Interpretation 91-03 from the Public Disclosure Commission (PDC):
It is a normal and regular function of a public library to obtain and provide public access to campaign brochures, fact sheets, voters and candidates pamphlets and similar documents which provide information regarding election campaigns.
Any library which chooses to display campaign material must provide equal opportunity to both proponents and opponents of any ballot measure or to all candidates. Preferential treatment may not be provided to one side over another or to one candidate or political group.
If supporters of one side of an issue or a candidate ask that material be displayed, library employees must make a good faith effort to obtain material from opposing or competing groups and make those materials available in library facilities.
There is no obligation on the part of libraries to serve as a distribution point for campaign materials.
May public libraries allow their meeting rooms to be used for political activities?
Although RCW 42.17A.555 prohibits the use of public facilities to support or oppose a ballot measure or an election campaign, it also provides for exceptions including those “[a]ctivities which are part of the normal and regular conduct of the office or agency.”
Further clarification is provided by WAC 390-05-271, which states that:
“RCW 42.17A.555 does not prevent a public office or agency from (a) making facilities available on a nondiscriminatory, equal access basis for political uses or (b) making an objective and fair presentation of facts relevant to a ballot proposition, if such action is part of the normal and regular conduct of the office or agency.”
Additional information may be found in the following sources:
Is there a process outlined in state law to determine if a book is obscene?
In response to this question, a legal consultant from MRSC stated:
There is nothing in the state obscenity laws that determines the process for declaring library materials obscene. However, there is a legal process that can be used to determine if material is erotic. “Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sado-masochistic abuse; and is utterly without redeeming social value. (See RCW 9.68.050).
"Erotic material" — Determination by court — Labeling — Penalties. (RCW 9.68.050)
Note, however, that the “erotic materials” statutes exclude public libraries from prosecution:
Exceptions to RCW 9.68.050 through 9.68.120. (RCW 9.68.100)
Nothing in RCW 9.68.050 through 9.68.120 shall apply to the circulation of any such material by any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
That leaves the question of how someone would challenge material in a library. Generally, they first would take the matter to the library board. After that there would be a challenge in county superior court. However, since banning books raises First Amendment issues, it is possible that the challenging party could attempt to bring in action in federal district court. Both state and federal courts may have jurisdiction.
From my review of cases, most of the challenges to books are for school libraries. The big topic now for public libraries is internet access to allegedly-obscene materials.
May a public library charge user fees for the services provided by the library?
According to AG Opinion AGO 2005 No. 5, “Existing statutory law prohibits public libraries from charging fees for traditional library services, such as borrowing books or reviewing materials at the library. Libraries may charge fees for services which are beyond the traditional purposes of a library and are provided as a convenience for the public.”
This Opinion reaffirms AGO 1992 No. 31, which notes that the library can charge a fee to nonresidents.
Does a public library operated by a city organized under the Optional Municipal Code (RCW 35A) have authority to charge fines for overdue books and other library materials?
According to AG Opinion AGO 2005 No. 5, “[p]ublic libraries have authority to impose and collect fines for keeping library materials beyond their due date or otherwise abusing the right of free access to the library.”
Can a library charge user fees for services provided to non-residents?
MRSC posts the following response:
Reviewed: 08/11
Yes. AGO 1992 No. 31 reviews this issue, noting that basic library services must be provided free of charge to residents of the political jurisdiction which supports the library through taxation. The corollary is that public libraries can charge user fees to those who do not live within the jurisdiction which provides the tax revenues to pay for the library. In fact, if a public library provides services to non-residents without charging a fee, an argument can be made that the library is violating the "gift clause" of the state constitution [ Article 8, section 7 ] . Libraries can charge for ancillary services such as copying machines, phones, fax machines, etc. - that issue is also covered in the AGO.
What options are available for patrons who do not wish to have their addresses disclosed (such as for library card access) due to being a victim of domestic violence?
If a patron registering for a card does not want to give us their address on the grounds that they are victims of domestic violence, you may refer them to the Address Confidentiality Program for Victims of Domestic Violence in the State of Washington.
Under the auspices of the Office of the Secretary of State in Olympia, the ACP can help keep such a person's home, work, or school address secret (to satisfy the patron's desires) and give them a substitute mailing address and forward first-class mail from that address (to satisfy the library's needs).
Refer the patron to the ACP (if they wish to take advantage of this program):
Washington State Address Confidentiality Program
PO Box 257
Olympia, WA 98507-0069
1-800-822-1065
Issue a library card when the patron presents the laminated ACP card with the substitute address.
Does a governing library board need to read or review a new or revised policy at two separate board meetings before it can be approved?
MSRC Lawyer's reply: I am not aware of any state law requirement that a library board review policies/bylaws (or amendments thereto) at a separate meeting in advance of their adoption. Instead, the process for adopting/amending policies and bylaws would be a matter of district policy—typically set forth in the bylaws or district procedures.
RCW 27.12.210 provides, in relevant part:
The trustees, immediately after their appointment or election, shall meet and organize by the election of such officers as they deem necessary. They shall:
Adopt such bylaws, rules, and regulations for their own guidance and for the government of the library as they deem expedient;…
If the district’s policy requires a notice or consideration period, then that should be followed.
In general, unless there is a state law that provides otherwise, a governing body can take action on a matter at the same public meeting where it is introduced. Of course, if it is a controversial issue or one that requires some time to study/consider, then it may be wise to allow some time to seek public or member input over the course of two or more meetings.
As an example (although not relevant to public libraries), this Local Ordinances for Washington Cities and Counties describes notice and public hearing requirements for various types of actions.
Can registered sex offenders be banned from a public library?
Unless that this is specified part of their parole, registered sex offenders cannot be banned from a public library.
Can a public library restrict an individual filming other individuals inside the public library building without their consent?
As of 2008 the Municipal Services and Research Center attorney gave the following advice:
Inside the library building the library has the implied authority to regulate conduct as it is not a complete public space. Outside the building is a different matter. People could expect no privacy if they are walking along a street or in a parking lot.
Have a policy written up that can be referenced if an individual asks what the rules are in terms of taking photos or shooting videos inside the building.