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Library Board Seeks Guidance on Role, Authority

The 1966 city ordinance establishing the South Portland Library Advisory Board gives the volunteer group broad powers in determining policy, staffing and programs. But a recent workshop the board had with City Manager Jim Gailey and the city’s legal counsel raises questions about how it is applied in 2009.

“The board just wants to do what it is charged with, but now we’re not quite sure what that is,” said Carin Dunay, board chair, who described the group as “stalemated” in the last two years.

Dunay said it is her understanding that there is “shared governance” among the board, library director and city manager.

But the board was not involved in the decisions to close the Young Adult Resource Room and lay off the Young Adult Librarian, along with a library clerk.

Likewise, board members say that two of three men designated as “directors” over the city’s two libraries have not been to board meetings. Kevin Davis is the on-site director and attends all advisory board meetings. But Dana Anderson and Tim Gato have not attended meetings. Anderson directors Public Works, Parks, Recreation and Libraries, with Gato as his second-in-command. They report directly to the city manager.

The city’s attorney advised the board that ongoing union negotiations with library staff prevent the volunteer group from performing some of its historic functions. The city’s personnel policy, enacted in the early 1990s, also conflicts in parts with the old ordinance, Gailey said in an email.

Gailey said in an e-mail Monday that “there are some inconsistencies in the old Ordinance,” with how South Portland’s libraries operate today. He pointed to the language that directs the board to have “oversight of the Director and his/her staff and setting pay scale for those employees.”

I write about the library ordinance and questions that surround in an article in this week’s Current newspaper. Click here to read Ch. 13 the Code of Ordinance on the Library.

“We want to do things correctly,” said Dunay, a librarian at Southern Maine Community College. “But we want to find a way to have a voice.”

Library director Davis said “it’s safe to say that an ordinance instituted in 1966 is likely to be out of date in places.”

“We just need to find the best way for the Board, the staff and myself to work together in the most beneficial manner for our users,” he said.

Posted by Linda Hersey on 06/25 at 07:53 AM
Categories: Library  
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Comments

By TheRealAppalledatMahoney on 2009 07 02

I’m not sure why the new AppalledatMahoney co-opted my alias, but he or she certainly didn’t co-opt my point of view. Ordinances are made to be followed and this one clearly was not followed by Gailey’s Gang. If the ordinance needs to be changed because it is outdated, it needs to be changed first instead of being circumvented. This is Civics 101, boys.


By SoPo citizen on 2009 07 01

After reading a posting (under the Dana Anderson return to work article) mentioning the Library Advisory Board workshop where might those minutes be found so that we the citizens/taxpayers can be well informed.    Sounds like Gailey and his followers are at it once again.


By library user on 2009 06 28

I’ve been trying to find the minutes of the last two library advisory board meetings, along with the minutes from the workshop held recently….there have been no postings since April.  What’s going on.
Are we being held in the dark!  Let’s get these minutes posted - if a workshop was warranted then minutes should be posted.  I’m extremely concerned what will become of the library.

Please answer for me why do we have an advisory board when they are kept out of the loop, how can they advise and bring to light issues, or help out with issues.  It seems to me that the plan is to not include the advisory board on important day to day activities of the library service.  I think this is criminal!


By Trying to believe on 2009 06 26

This is the quote from a note previously posted: “Library director Davis said “it’s safe to say that an ordinance instituted in 1966 is likely to be out of date in places.”

“We just need to find the best way for the Board, the staff and myself to work together in the most beneficial manner for our users,” he said. “

Can anyone imagine how long it will take Library Director Davis to find the best way for these groups to work together, since he cannot even find a way to make an area for the youth upstairs in the library to replace the youth room?  He may have had some ideas, but he surely does not know how to get things done in a timely manner.  Maybe we should bring someone in that actually has a background in Library Science instead of one whose background is just selling books.

The City Manager needs to find monies or use monies from the surplus to open the youth room again and fund a part time librarian (preferably Ms. Nappi) to run that room.  We have all the racks, chairs, tables etc. down there to have those kids just move in.  Also, I think that the teens of South Portland are worth a little privledge like having their own safe, comfortable place in the library.  These are our future leaders.  I wonder if Mr. Gailey was able to take advantage of the youth room when he was a teen.  Why should he now take that away from today’s youth.


By What'sUp on 2009 06 25

The last sentence of the quote in my last post got jumbled. It should read:

“except where a collective bargaining agreement for union-employees, this Code of
Ordinances, Council Order or State or Federal law provides a different standard or
procedure, in which case the personnel policy shall be superseded by the applicable
agreement, ordinance, order or law.”

Gailey and Davis are out in left field and I think they are hiding inside the Green Monster with Manny.


By What'sUp on 2009 06 25

Thank you, Linda, for bring this to light. I’m no lawyer, but it seems to me this points out that the City Manager and Dana Anderson clearly violated the law. Since the Library Board is clearly charges with the responsibility to determine how the library facility is used and assuming the Library Board did not approve the closing of the Youth Room, the closing of the room was certainly an illegal act.

Also, how can Gailey and boys say the library board ordinance is outdated?  It was adopted by the City Council and as I understand, until it is changed by the Council, it is the law of the City. Beyond that, how can a change in a “policy” void a city ordinance.

I looked up the Personnel Ordinance, and it seems to directly contradict what Gailey and the boys are now saying. The ordinance allowing the adopting of a personnel policy specifically provides that the personnel policy cannot defeat an ordinance.

Here’s what the personnel ordinance says:
“The director of personnel shall adopt a personnel policy, subject to the approval of the city council, based on merit principles and shall administer that policy for all municipal employees;  except where a collective bargaining agreement for union-employees, this Code of Ordinances, Council Order or State or Federal law provides a different standard or
procedure, in which case the personnel poagreement, ordinance, order or law.”

Given the specific language saying that the personnel policy must give way to the “Code of Ordinances”, Gailey’s position must be coming from a dream world. This guy has got to go, and the sooner the better. Let’s get someone in there who knows what’s going on, not simply someone who is constantly trying to cover his butt because of mistakes.


By Seems clear to me on 2009 06 25

Gailey said in an e-mail Monday that “there are some inconsistencies in the old Ordinance”
Library director Davis said “it’s safe to say that an ordinance instituted in 1966 is likely to be out of date in places.”


By AppalledatMahoney on 2009 06 25

Where does it say anyone has said the ordinance shouldn’t be followed?


By Hey, wait a minute.... on 2009 06 25

So Gailey and Davis say the 1966 ordinance is “dated” and therefore shouldn’t be followed. But the councilors get free health insurance based on a clearly outdated ordinance from the same era? That doesn’t seem right at all. You can’t have it both ways…






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