Wednesday, August 20, 2008
Tom Bunger, Antonia Matthew, Rita Lichtenberg, Mercedes Rodriguez, Steven Higgs, Nita Levison, Bruce Lilly, Janet Patterson, Pat Brantlinger, Milton Fisk, Peter Kaczmarczyk and Hester Himmerling.
President John Walsh called the meeting to order at 5:45 p.m.
Randy Paul stated that several members of the public were present to speak to the issues of televising work sessions and the budget. He requested that public be permitted to speak at the time of the agenda item rather than at the end of the meeting.
President John Walsh presented the minutes and consent agenda. Steve Moberly submitted one correction to the August 13 work session minutes: “Antonia” Matthew rather than “Antonio” Matthew. Fred Risinger moved; Penny Austin seconded approval of the consent agenda. The motion carried unanimously.
Sara Laughlin reported that the 2007 Annual Report has been completed and distributed. Also, the VITAL program has been awarded the Indiana Library Federation 2008 Tom Zupancic Award in recognition of outstanding efforts in advocating the importance of libraries and literacy programs in a community.
Referring to Randy Paul’s request to CATS to televise all work sessions and to previous discussions at the August 13 Board work session, John Walsh proposed CATS coverage of every other work session beginning in September of this year. John Walsh moved; Fred Risinger seconded adoption of the proposal to tape every other work session beginning September 2008.
Penny Austin noted that the board voted 6-1 not to tape work sessions in November 2007. She was disappointed that group consensus was continually pounded until it was finally not worth arguing about and that there was a lack of respect for board integrity in voting. She pointed out that John Walsh, as President, and Sara Laughlin, as director, are spokespersons for the Board. She said this was not an issue of televising but rather how it was forced on the board.
Janice Stockton agreed with Penny Austin. In the past when the majority of the Board made a decision it has been respected. She does not believe that it is an issue of free speech.
Fred Risinger agreed with Penny Austin and Janice Stockton. He felt the Board had been wrongly accused by Randy Paul of stifling free speech. He said he would probably vote yes because he could not vote against televising since freedom of speech had entered the discussion.
Randy Paul corrected a statement he made at the August work session wherein he stated that in December 2007 he had told the Board he would not bring up the televising issue again as a Board member but retained his right to do so as a private citizen. In re-reading his notes he found that he had not included the “private citizen” phrase in his statement to the board. He apologized to the board and withdrew his request for CATS televising of work sessions. Randy Paul stated that he has broken with the Board on seven issues and the board has later agreed with him in six of the seven instances. Discussion ensued.
David Ferguson stated that he would like to see as many meetings televised as the library can afford to do, but felt that the more library board meetings that were televised, the less other community meetings would be televised. He also suggested exploring the idea of whether a work session every month is necessary.
John Walsh asked for public comment.
Steven Higgs, Bloomington Alternative, stated that as a member of the public he has filed a request for televising work sessions and will do so every month. He felt that if a public body was debating spending $380/hour for an attorney it should be publicized.
Antonia Matthew stated that the Herald-Times has had a reporter at every board meeting for a year. She felt that the impression given by Mr. Paul and Mr. Higgs was that the board was not doing its job, but she believed it was a good, hard-working, honest board.
The Board voted 5-2 in favor of the motion (Ferguson, aye; Stockton, nay; Moberly, aye; Walsh, aye; Austin, nay; Risinger, aye; Paul, aye).
Sara Laughlin reported that she and Bonnie Estell had attended a Department of Local Government Finance budget review on August 18. They learned that all funds must fall under the 4% cap in terms of requiring a non-binding review by the County rather than County approval. Prior to that meeting, Sara and Bonnie believed that only the Operating, Debt Service, and Capital Projects funds were subject to this rule. Sara reduced the 2009 budget by $265,186 as follows: a) Reduce the 2009 LIRF appropriation by $240,000, to be accomplished by encumbering $200,000 for the HVAC system and $40,000 for Main Library renovation architectural services by 2008 year-end. The plan is to complete the bid process and accept a bid for HVAC system and to select a Main Library reconfiguration architect by year-end. b) Reduce the Rainy Day fund appropriation by $25,186. Steve Moberly asked Sara to describe the problems with the existing HVAC system. Sara explained that, according to the library’s HVAC servicemen, a substantial percentage of the control boxes do not work. The system is obsolete and new boxes are not available. It had previously been thought that reconditioning was possible, but that is no longer the case. David Ferguson asked to see the specs that were prepared in 2007. Sara Laughlin will provide. Steve Moberly queried whether it will be publicly bid. Sara confirmed that public bids will be requested after the specs are updated.
Sara Laughlin presented a statement regarding events leading up to administration’s recommendation to hire a chief spokesperson for library management in negotiations with AFSCME. She stated that in April 2007 library employees presented a petition to the Board asking for the right to bargain collectively; in December 2007 the Board approved a resolution to allow collective bargaining; in April 2008 library employees voted to be represented by AFSCME. Believing that the first contract will have important and long-lasting implications, the Library sent a request for proposal (RFP) to five law firms and received responses from four. The RFP noted management’s “keen interest in maintaining non-adversarial relationships as much as possible through the process.” A committee comprised of Kyle Wickemeyer-Hardy, Bonnie Estell, David Ferguson, and Sara Laughlin interviewed representatives from the four firms. The committee recommended that Paul Sinclair, Ice Miller, be selected. Mr. Sinclair’s primary concentration is in labor law. He has worked with IU, State of Indiana, many cities, and INCOLSA and is highly recommended by his clients. The committee believes his experience and knowledge will accelerate the process. Mr. Sinclair’s hourly rate is $380, not the highest or the lowest of those interviewed. The committee asked those interviewed for an estimate of the cost of negotiating; no firm was able to predict costs. Mr. Sinclair made suggestions for controlling costs and management is committed to handling as much preparation as possible.
John Walsh moved to hire Paul Sinclair, Ice Miller, to represent management in negotiations with AFSCME. Janice Stockton seconded
Randy Paul objected stating that the staff who will make up the union is the same staff that has stuck with the library through bad times, and hiring an attorney to negotiate is insulting to staff. AFSCME has stated three times that they do not hire lawyers to negotiate. Monroe County taxpayers’ money should stay in Monroe County. He proposed tabling the item and reopening the search for a local negotiator or lawyer. He suggested not having an attorney at every meeting. He further questioned whether the library should be spending $80,000 for an attorney when the library and community have so many other needs. Randy Paul moved to table the hiring of Paul Sinclair. The motion failed to receive a second.
John Walsh noted that the Library’s local attorneys have advised that there are no local attorneys with expertise in labor negotiations.
Steve Moberly stated that Sara Laughlin and staff had done their due diligence and that administration does not have the time or expertise to negotiate. He felt first-time negotiations warranted an attorney.
Dave Ferguson noted that no one advocates an adversarial negotiation.
Penny Austin stated that she appreciates any attempt at cost savings referred to by Sara Laughlin. The Board does try to use local firms when possible, and, without legal advice, the negotiations could end up costing the community more money.
Janice Stockton stated that she is very respectful of the people who did the interviewing and supports the committee’s recommendation.
John Walsh asked if members of the public wished to comment.
Peter Kaczmarczyk, CWA Local 4730, stated that he represents support staff at IU. He knows and respects Paul Sinclair, but felt that his services would be “overkill” in this situation. He stated that it is important to have an attorney to confer with but unnecessary to have an attorney at every meeting. No one knows the situation better than the library board and administration. The library can reduce billable hours by reducing how much the lawyer is in the negotiating room, and negotiations are less likely to become contentious with management instead of an attorney. He encouraged the Board and management to run the negotiations without an attorney present and then if necessary call in the attorney.
Nita Levison suggested seeking legal advice from IU law faculty and spending the money to benefit the library. The Board should be grateful to staff, not antagonistic, and the Board should represent patrons, staff, and administration.
Bruce Lilly stated that he had learned a lot from Sara Laughlin’s statement and from Peter Kaczmarczyk’s comments. He felt that bringing in an attorney might establish a more contentious negotiation and urged the Board to take Mr. Kaczmarczyk’s advice. He also stated that he appreciates and supports Randy Paul.
Milton Fisk, retired IU professor and member of Jobs with Justice, felt that management is involved in the day-to-day running of the library and should be able to negotiate better than anyone else. He felt that management lawyers would be divisive to the community and that $80,000 is a very high amount equaling about 200 hours. He commented on the statement that the lawyer would be sensitive to both sides, but noted that he had seen no indication that Sinclair had worked on both sides.
Laura Ruchti, patron and member of the Library staff, commented that the Board had received very good advice from the community. Further, she felt the Board is better because of Randy Paul.
Pat Brantlinger, retired IU professor and member of Jobs with Justice, reiterated Peter Kaczmarczyk’s and Milton Fisk’s comments. He also felt that 200 hours of attorney time was excessive. He suggested that administration collect model contracts, prepare a contract, show it to local attorneys, and then, if necessary, hire Paul Sinclair.
Hester Himmerling, patron of library, stated that she had been a member of a union half of her life and always had a more fair chance with a union. She urged management to deal directly with staff.
Board president John Walsh stated again that the board has been very supportive of staff’s pursuit of collective bargaining. He felt that the language “chief spokesperson” might be unfortunate but hoped it would be balanced by Sara Laughlin’s statement that it might not be necessary to have an attorney at every negotiating session. He thanked Peter Kaczmarczyk, Professor Fisk, and Professor Brantlinger for their excellent advice.
The motion to hire Paul Sinclair, Ice Miller, to represent management in negotiations with AFSCME carried 6-1: Vote: Ferguson, aye; Stockton, aye; Moberly, aye; Walsh, aye; Austin, aye; Risinger, aye; Paul, nay.
Sara Laughlin presented background information on the recommendation to hire a consultant to conduct a classification and compensation study. The last classification/compensation study was done in 1998. The current needs of the library are: job classification (identifying specific, valid benchmarks tied to competencies for each job class), compensation (sustainable compensation system allowing recruitment of qualified employees and maintaining an enthusiastic workforce), and performance management (effective performance review process across all departments). Indiana consulting firms were contacted, as identified through the Indiana Chamber of Commerce and the Indiana Society for Human Resource Management, as well as consulting firms with national experience in providing services to public libraries. The RFP was also listed on the www.libraryconsultants.org web site. Seven proposals were received, none from Indiana, although follow-up calls were made to Indiana firms. Managers reviewed and rated the proposals. Sara Laughlin recommended hiring Dr. Paula Singer and Laura Francisco of The Singer Group, Reisterstown, Maryland, which has extensive experience with public libraries, including two Indiana libraries who gave them good reviews. The total cost will not exceed $44,000, an amount which was second lowest among the seven proposals received.
Steve Moberly asked about the time frame of the study.
Sara Laughlin stated that the study will begin immediately upon signing of the contract and will be completed no later than May 2009 in order to allow implementation during the budget process. It is hoped to have it completed by February-March 2009.
Steve Moberly asked about the expected shelf life of the results. Sara Laughlin stated that the previous study lasted 10 years which appears to be the norm, and we hope with this study to get a framework for continued use. David Ferguson queried whether changes are the type of items that would need to be negotiated with the union. Sara Laughlin responded that it may be the case for some items, but we will not know until the study and recommendations are completed. She added that the previous study made more recommendations than the board felt could be afforded. Some recommendations were implemented but not all, and this resulted in some of the current inequities. She urged the board, if accepting the recommendations of the study, to follow through on implementation.
Randy Paul commented that this will be the third contract to be awarded out of county. He felt that too much is being asked of the consultant and that it is more than needed. He believed the previous study had cost $20,000, and the cost is now being doubled.
Steve Moberly noted that $50,000 has been appropriated in the budget.
Penny Austin moved to hire The Singer Group to conduct a Classification and Compensation Study. Fred Risinger seconded the motion. The motion carried 6-1, with Randy Paul dissenting.
Sara Laughlin reported that the Indiana Room receives research requests from out-of-county patrons, including many from other states. The requests fall into two categories: Requests for photocopies of newspaper obituaries and Requests for in-depth research. The Library currently charges a nominal fee for obituary service ($3 per request for up to 10 names, whether indexed or not indexed), and does not have a fee structure for in-depth research. She proposed that fees be implemented as follows: Obituaries indexed: $3 per name; Obituaries not indexed: $10 per name; Historical queries: $10 for results photocopied and mailed; and Historical queries: $5 for results delivered digitally. If the request is judged to be too time-consuming, the Indiana Room staff may choose to refer the request to the Monroe County Historical Center which offers a fee-based research service.
Steve Moberly moved to approve the Resolution to Change the Obituary and Research Fees as proposed. Fred Risinger seconded. The motion carried unanimously.
Randy Paul stated that there is no report at this time.
Margaret Harter presented an update on the library’s Community Relations department.
Dave Ferguson asked whether the library has sold its investments. Sara Laughlin confirmed that it has done so.
Dave Ferguson commented that he has heard that the library has had the same hours of operation since the mall opened and queried whether anyone has surveyed the public as to their thoughts on the hours and whether there is any other market research information. He suggested gathering data from other libraries that have made changes to see what they have done.
Sara Laughlin offered to take the issue to the Strategic Plan Committee.
Penny Austin asked about the status of roof repairs. Bonnie Estell reported that the site survey has been completed and would be reviewed at the end of the week. The survey confirmed that there are two layers of rubber and a lake of water trapped underneath.
Dave Ferguson noted that the County Council would meet the following Tuesday and reminded CATS of same.
Sara Laughlin confirmed that CATS will cover the meeting.
Steve Higgs, Bloomington Alternative, clarified that when he had previously criticized the Herald-Times he was not criticizing Mercy Rodriguez (reporter) but rather management. He also stated that he was not suggesting that anyone on the board was being secretive but was exasperated that the board resisted Randy Paul’s suggestions until he goes to the public. Further, the Bloomington Alternative is not the newspaper of record, but when anyone comes to him with an issue he does investigate it. He felt that Randy Paul had been right on every issue and the Board had been wrong. He recalled John Walsh’s statement at an earlier meeting that referred to Randy Paul as “selfish, narcissistic, disrespectful…..” and felt that the matter had become highly personal. He also noted that the library Board is the only appointed board in the community, other than the Transportation Board, that oversees tax levy funds and, therefore, it should be open to scrutiny.
Board member Janice Stockton stated that she is proud of the library and respects the expertise of Sara Laughlin and staff.
Meeting adjourned at 8:15 p.m.
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Updated:
September 29, 2008
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