ALAOHChapCoun's Blog

ACTIONS OF THE ALA COUNCIL

2016 ALA ANNUAL CONFERENCE

ALA Council I

Sunday, June 26, 2016, 8:30am-11:00am.

Orange County Convention Center (OCCC), Room W224

Orlando, Florida

By CONSENT, ALA CD#2.1, 2016 ALA Midwinter Council Minutes were adopted as amended to include one correction noting that on page 18 of the Minutes, Jim Rettig was inadvertently listed as the Committee on Organization Chair instead of the Constitution and Bylaws Committee Chair. The Minutes were amended to reflect the correction.

APPROVED, The following slate of candidates for the 2016-2017 Committee on Committees Election: Ed Garcia; Hannah K. Lee; Cyndee Sturgis Landrum; Sandy Wee; Diane R. Chen; Kimberly Anne Patton; Alexandra P. Rivera; and Christian Zabriskie. (2015-2016 ALA CD#12_61016_ACT, ALA Council Committee on Committees Report on the Nominations for the 2016-2017 ALA Council Committee on Committees Election)

APPROVED, The following slate of candidates for the 2016-2017 Planning and Budget Assembly Election: Councilor-at-Large: Lessa K. Pelayo-Lozada; Tamika Barnes; Leo S. Lo; Kathy Hicks-Brooks; Eboni Henry; and Michael Santangelo. Chapter Councilors: Majed J. Khader; Dale K. McNeill; Nicole Sump-Crether; and Carl A. Antonucci (2015-2016 ALA CD#12.1_61316_ACT, ALA Council Committee on Committees Report on the Nominations for the 2016-2017 Planning and Budget Assembly Elections)

ADOPTED, ALA CD#44_62516_ACT (formerly: ALA MMD3), Resolution Calling Upon Libraries to Build More Inclusive Communities, which read: “That the American Library Association (ALA), on behalf of its members:

1. urges libraries, librarians, and library workers to cultivate more inclusive communities by actively engaging their communities to defuse and deescalate a culture of violence based on hatred, discrimination, and bigotry;

2. stands with the LGBTQ*, Latinx, and diverse communities in confronting hate, discrimination, and bias while recognizing that they are impacted by violence at a much higher rate than the rest of society; and
3. affirms that violence of this kind has no place in a civil society.”

COUNCILOR COMMENTARY: This resolution came about as a result of the incident earlier in Orlando.  (The PULSE NIGHTCLUB shooting.)

REFERRED, ALA CD#45_62516_ACT (formerly: ALA MMD#4), Resolution on Gun Violence Affecting Libraries, Library Workers, and Library Patrons, to the Committee on Legislation (COL); the Intellectual Freedom Committee (IFC); and the Task Force on Equity, Diversity, and Inclusion, to bring recommendations to Council III, June 28, 7:45-9:45am. The resolution read: “That the American Library Association (ALA), on behalf of its members:

1. extends its sincere condolences to the family and friends of the 49 people who were shot dead at the Pulse nightclub in Orlando, and to all the families and friends of the thousands of victims of gun violence;

2. deplores the gun violence that materially affects the communities we serve;
3. works with other professional associations to support sensible and effective and national gun safety laws, oppose “gun friendly” state legislation, in particular any legislation that permits the carrying of guns in or near libraries and schools;

4. calls on Congress to lift restrictions that prohibit the Centers for Disease Control and Prevention and other Department of Health and Human Services agencies from conducting gun violence research as a response to library communities in crisis; and

5. to advance the idea of libraries mitigating violence in our culture by serving as “safe havens” for the public, as evidenced during the recent uprisings in Ferguson, MO and Baltimore, MD, and by offering public education opportunities that advance the notion of libraries as perpetuators of peace.“

COUNCILOR COMMENTARY:  A second resolution inspired by the Pulse Nightclub tragedy; suggested and agreed upon after more than three hours of discussion.

REFERRED, ALA CD#46_62516_ACT (formerly: MMD#5) Resolution Concerning the Creation of the Deaf Culture Digital Library, to the Committee on Legislation (COL) and the Association of Specialized and Cooperative Library Agencies (ASCLA) for a response back at Council III, June 28, 7:45-9:45am. The resolution read: “That the American Library Association (ALA), on behalf of its members:

1. supports and promotes the creation of the Deaf Culture Digital Library under the auspices of the Library of Congress.”

ADOPTED, ALA CD#39_6816_ACT, Resolution in Support of the Professional Cataloging Processes and Determinations of the Library of Congress, which read: “That the American Library Association (ALA), on behalf of its members:

Resolved, That the American Library Association (ALA), on behalf of its members:

1. reaffirms its unequivocal support for the Library of Congress’ (Library) apolitical, professional determination to cease use prospectively of the subject headings “Illegal aliens” as articulated in its formal Resolution of January 12, 2016, and here also endorses the Library’s specific March 2016 proposal to retire both that term and the subject heading “Aliens” as it relates to non-extraterrestrials (March Proposals);
2. emphasizes for the particular benefit of legislators that the purposes and uses of the Library’s subject headings have for more than a century been and remain entirely different from those animating Congress’ selection of subject headings in the United States Code (Code), and that the Library’s subject heading choices have no, and should have no, effect upon or relationship to the Code; and
3. instructs the ALA Executive Director to convey the entirety of this Resolution to all germane Members of Congress, media of all forms, and such other parties both within and outside of government, including but not limited to other national non-profit organizations, as may assist the Library in preserving its venerable independent cataloging processes and in implementing its March Proposals.

COUNCILOR COMMENTARY: This was in reference to our recommendation to Library of Congress at Midwinter to… “cease use prospectively of the subject headings “Illegal aliens” as articulated in its formal Resolution of January 12, 2016, and here also endorses the Library’s specific March 2016 proposal to retire both that term and the subject heading “Aliens” as it relates to non-extraterrestrials” …  Several members of Congress had put pressure on the Library of Congress not to change these headings.  As representatives of ALA, we were reasserting ourselves as the professional organization best able to handle these types of recommendations/changes and what they mean for Libraries across the country.

By CONSENT, Resolution Concerning the Role of Chapters in the American Library Association, ALA CD#40_Revised 62416_ACT, was moved to ALA Council II, June 27, 8:30-11:30am. The resolution read: “That the American Library Association on behalf of its members:

1. directs the Constitution and Bylaws Committee to prepare bylaws amendments that would require electing one Chapter Councilor to serve on the Executive Board for a (3) three year term and mandating that any person who holds a leadership role in ALA be a member of their state Chapter or a state association affiliate organization;
2. ensures that the Chapters have a role in developing national initiatives and/or campaigns and that verbiage in such campaigns specify the expected role of the Chapters;
3. keeps communication channels open by responding directly to any communication from the Chapters in a timely manner and prior to responding publicly to the ALA Membership and/or Council;
4. supports efforts to expand the role of the Chapter Relations Committee, ensuring that Chapter Councilors have a presence on the Chapter Relations Committee;
5. consults the Chapter Leadership prior to any and all dealings with an elected official from that state; and
6. communicates this resolution to all Chapters and to the ALA Membership.”

COUNCILOR COMMENTARY: This resolution was also discussed at length and is referred to later in this document.  The premise of this Resolution was to provide Chapter Councilors with a greater voice within in ALA.  We represent 53 of the 150 members of council.  This was originally known as the Corey Booker resolution as it came out of New Jersey.  Corey Booker spoke at Midwinter and was marketed as a supporter of Libraries.  The New Jersey Councilors pointed out that while Senator Booker is in fact not generally an advocate of Public Libraries and has helped cut funding and closed several libraries in the state.

The sponsors of this Resolution want ALA and its Executive Board to reach out to local Chapter representation when making these types of decisions, to have local politicians speak at national events or before local grassroots efforts are formalized.

ALA Council II

Monday, June 27, 2016, 8:30-11:30am

Orange County Convention Center (OCCC), Room W224

Orlando, Florida

ADOPTED, the insertion of following new interpretation (ALA CD#19.2, User Generated Content in Library Discovery System: An Interpretation of the ALA Library Bill of Rights) into the ALA Policy Manual as recommended in the Policy Monitoring Committee Report, ALA CD#17.1_61526_ACT:

B.2.1.25–User-Generated Content in Library Discovery Systems. Libraries offer a variety of discovery systems to provide access to the resources in their collections. When discovery systems incorporate social media components, intelligent objects and knowledge-sharing tools, they create opportunities for users to contribute to discussions about library resources within the discovery system. Libraries that open their discovery systems to user-generated content should develop and publish viewpoint-neutral policies that describe how users may contribute, how user-generated content will be displayed, and how the personal information of contributors will be protected. Adopted, January 2016.

(See “Policy Reference File”: User-Generated Content in Library Discovery Systems: An Interpretation of the Library Bill of Rights, 2015-2016 ALA CD#19.2 – PDF, 2pgs)

ADOPTED, The following two (2) action items identified in the Committee on Organization Report, ALA CD#27.1_62616_ACT:

Item #1. Defines the word “subdivision” as an ALA division or round table.

Item #2. Revise the composition of the Chapter Relations Committee, as follows:

Eleven (11) Members, which includes the Chair. To be eligible to be a member of the Chapter Relations Committee (CRC), an individual must be an ALA member who is also a member of an ALA Chapter or Divisional Affiliate. In addition, eight (8) of the eleven (11) members should have state library association (Chapter) leadership or committee experience.

The following guidelines are used when the ALA President-Elect, with advice from the ALA Committee on Appointments, nominates members and interns to serve on the CRC:

• Volunteers with Chapter leadership experience (i.e., presidents, presidents-elect, Chapter councilors, executive directors, and committee chairs) will be considered over those with no leadership experience.
• Volunteers with current Chapter leadership experience (i.e., current executive directors, newly elected leaders or leaders having served within five years prior to appointment, and committee chairs) will be considered over those with former Chapter leadership experience.
•  Volunteers with Chapter experience (i.e., former Chapter leaders having served greater than five years prior to appointment, current or former Chapter committee members, or current Chapter members) will be considered over those with no Chapter experience.
•  Interns with Chapter or Student Chapter experience should be considered over those with no Chapter or Student Chapter experience.

COUNCILOR COMMENTARY: This further strengthens our voice as Chapter Councilors by making sure that Chapter Relations Committee (CRC) is represented by those with Chapter experience.

APPROVED, ALA Bylaws amendment as identified in ALA CD#25.1_62516_ACT, ALA Constitution and Bylaws Committee Report:

Item#1—that the following amendment to the ALA Bylaws be presented to the ALA membership on the spring 2017 ballot:

Amend Article III, Section 1.e of the ALA Bylaws to state:

No person may be nominated for or serve on the Council unless that person is a personal member of the American Library Association. No candidate may accept nomination from more than one group. run for more than one Council position in the same election.

APPROVED, ALA Constitution amendment as identified in ALA CD#25.1_62516_ACT, ALA Constitution and Bylaws Committee Report as a first step towards placing the amendment on the spring 2016 ballot for a vote by the ALA membership:

Item#2— To amend current language of ALA Constitution, Article X, Section 1 and Section 2, from:

Section 1. The Council may by vote affiliate with the American Library Association or with any subdivision thereof upon its request, any national or international organization having purposes similar to those of the Association or its subdivision. The dues of affiliated organizations shall be as provided in the Bylaws.

Section 2. The Council may by vote affiliate the Association, or any subdivision thereof upon its request, with any national or international organization having purposes similar to those of the Association or its subdivision; provided, however, that no subdivision of the Association may separately affiliate itself with an organization with which the Association as a whole is affiliated.

To read:

Section 1. National or international organizations having purposes similar to those of the Association or to one or more of the Association’s subdivisions may request to become an affiliate of the Association. Requests for affiliation are subject to Council’s approval.

Section 2. The Association or any subdivision thereof may request to become an affiliate with national or international organizations having purposes similar to those of the Association or to one or more of the Association’s subdivisions. However no subdivision of the Association may separately affiliate itself with an organization with which the Association is affiliated. Requests for affiliation are subject to Council’s approval.

Note: Article X, section 3 of the ALA Constitution is not affected by this amendment.

Nor does this affect the ability of divisions such as the Association for Library Collections and Technical Services (ALCTS) or the American Association of School Librarians (AASL) to confer affiliate status on state library associations, etc.; these are not national or international organizations. The ALA Executive Board has adopted procedures for reviewing applications for affiliation with ALA. See appendix in ALA CD#25.1_62516_ACT.

REFERRED, ALA CD#40_Revised, Revised, 62616_10:00pm_ACT, Resolution Concerning the Role of Chapters in the American Library Association, to the working group that ALA President-Elect Julie Todaro will appoint at this Annual Conference to address chapter engagement and communication. The resolution read: “That the American Library Association on behalf of its members:

1. ensures that the Chapters have a role in developing national initiatives and /or campaigns and that such campaigns specify the expected role of the Chapters;
2. keeps communication channels open by responding directly to any communication from the Chapters in a timely manner and prior to responding publicly to the ALA membership and council;
3. supports efforts to expand the role of the Chapter Relations Committee, ensuring that Chapter Councilors have a presence on the Chapter Relations Committee;
4. consults the Chapter Leadership prior to any response to local legislative issues, to or recognition of an elected official from that state; and
5. communicates the resolution to all Chapters and to the ALA membership.”

COUNCILOR COMMENTARY: After discussion in Council forum, this resolution was referred to a working group.  The key edit is #4 (consults the Chapter Leadership prior to any response to local legislative issues, to or recognition of an elected official from that state; and communicates the resolution to all Chapters and to the ALA membership.)

REFERRED, ALA CD#47_62616_ACT, Resolution on Equity for All Libraries, to the Committee on Legislation (COL) for a report at Council III, Tuesday, June 28, 7:45am-9:45am. The resolution read: “That the American Library Association (ALA), on behalf of its members:

1) endorses the idea that every student should have access to an effective school library program and that school budgets should include adequate funding for these programs;

2) advocates for equitable access to effective school library programs with a certified school librarian at the helm, personalized learning environments, and equitable access to resources to ensure a well-rounded education for every student;

3) works with research committees to document the impact on students of minority communities, low-income communities, and rural communities when cutting resources;

4) advocates for equitable access to well-curated, high-quality, and accessible electronic information resources by encouraging state departments of education and state coalition partners to establish and maintain funding of digital databases and shared resources to provide greater equity of access to all patrons in states and regions; and

5) continues to encourage school librarians to apply for Innovative Approaches to Literacy grants.”

REFERRED, ALA CD#48_62616_ACT, Resolution on Equity for School Libraries for the DOE Making Rules for ESSA, to the Committee on Legislation (COL); which a report back at Council III, Tuesday, June 28, 2016, 7:45am-9:45am. The resolution read: “That the American Library Association (ALA), on behalf of its members:

1, urges the United States Department of Education to address equity issues while developing the ESSA legislation rules regarding funding and staffing school libraries, and

2, shares the American Association of School Librarians’ position statement on an effective school library program with the United States Department of Education.” 8

ALA Council III

Tuesday, June 28, 2016, 7:45am-9:45am

Orange County Convention Center, Room W224

ADOPTED, The following memorials: Ned Vizzini, M-#7; John Ganly, M-#8;

Naomi Kietzke Young, M-#9; Orvin Lee Shiflet, M-#10; Richard Sweeney, M-#11; Dolores Bullock Owen, M-#12; Trudy Seidel Jaques, M-#13; Larry Romans, M-#14;

Charles Weld Robinson, M-#15; and the Victims of the Pulse Nightclub Shootings:

Stanley Almodovar III; Amanda Alvear; Oscar A Aracena-Montero; Rodolfo Ayala-Ayala; Antonio Davon Brown; Darryl Roman Burt II; Angel L. Candelario-Padro;

Juan Chevez-Martinez; Luis Daniel Conde; Cory James Connell; Tevin Eugene Crosby;

Deonka Deidra Drayton; Simon Adrian Carrillo Fernandez; Leroy Valentin Fernandez;

Mercedez Marisol Flores; Peter O. Gonzalez-Cruz; Juan Ramon Guerrero; Paul Terrell Henry; Frank Hernandez; Miguel Angel Honorato; Javier Jorge-Reyes; Jason Benjamin Josaphat;

Eddie Jamoldroy Justice; Anthony Luis Laureanodisla; Christopher Andrew Leinonen;

Alejandro Barrios Martinez; Brenda Lee Marquez McCool; Gilberto Ramon Silva Menendez; Kimberly Morris; Akyra Monet Murray; Luis Omar Ocasio-Capo; Geraldo A. Ortiz-Jimenez;

Eric Ivan Ortiz-Rivera; Joel Rayon Paniagua; Jean Carlos Mendez Perez; Enrique L. Rios, Jr.;

Jean C. Nives Rodriguez; Xavier Emmanuel Serrano Rosado; Christopher Joseph Sanfeliz; Yilmary Rodriguez Solivan; Edward Sotomayor, Jr.; Shane Evan Tomlinson;

Martin Benitez Torres; Jonathan Antonio Camuy Vega; Juan P. Rivera Velazquez; Luis S. Vielma; Franky Jimmy Dejesus Velazquez; Luis Daniel Wilson-Leon; and Jerald Arthur Wright, M-#16.

ADOPTED, The following tributes: Resolution Honoring the 25th Anniversary of the Video Round Table, T-#3; Resolution Honoring the 25th Anniversary of the Mortenson Center for

International Library Programs, University of Illinois at Urbana-Champaign, T-#4; Resolution Thanking Mary Alice Baish for Her Service as the 30th GPO Superintendent of Document, T-#5; and Resolution of Appreciation to Congressional Champions for Support of School Libraries and School Librarians in the Every Student Succeeds Act, ALA CD#20.5.

APPROVED, The FY2017 Total ALA Budgetary Ceiling of $65,403,215. (ALA CD#13.3, ALA Treasurer’s Report)

ELECTED, To the 2016-2017 Council Committee on Committees (COC): Diane R. Chen; Ed Garcia; Alexandra P. Rivera; and Christian Zabriskie. The COC will be chaired by 2016-2017 ALA President-Elect James (Jim) G. Neal. (ALA CD#12.3, ALA Council Tellers Report)

ELECTED, To the 2016-2017 Planning and Budget Assembly. Councilors-at-Large: Tamika Barnes; Eboni Henry; and Lessa K. Pelayo-Lozada. Chapter Councilors:Majed J. Khader and Dale K. McNeill. (ALA CD#12.3, ALA Council Tellers Report)

DEFERRED, ALA CD#45_62516_ACT (formerly: ALA MMD#4), Resolution on Gun Violence Affecting Libraries, Library Workers, and Library Patrons, until the 2017 ALA Midwinter Meeting in Atlanta, Georgia.

COUNCILOR COMMENTARY: Because of the highly political nature of this resolution, it was deferred to ALA Midwinter in Atlanta.  As stated earlier, this was a controversial resolution with many people voicing their opinion on both sides of this issue.  Some are concerned this will draw negative focus from the NRA (National Rifle Association.) They are a very active group with greater resources than we have and passage of this resolution may encourage this special interest group to work against funding for libraries throughout the nation.

ADOPTED, ALA CD #19.9, Religion in American Libraries: An Interpretation of the Library Bill of Rights. (ALA Intellectual Freedom Committee Report, ALA CD#19.3-CD#19.9_62726_ACT) 9

ADOPTED, ALA CD#20.4, Resolution Urging Immediate Ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Bind, Visually Impaired, or Otherwise Print Disabled, which read: “That the American Library Association, on behalf of its members and the public interest:

1. calls upon the United States Senate and its committees of jurisdiction to immediately and concurrently take every procedural step possible to both ratify the Marrakesh Treaty and approve, with no amendment whatsoever, the Marrakesh Implementation Act and its associated legislative history text;
2. urges the House of Representatives and its committee of jurisdiction to take any and all appropriate steps to immediately expedite consideration and passage of the Marrakesh Implementation Act and its associated legislative history text in unamended form; and
3. encourages the President to publicly speak out, on all appropriate occasions, in support of the foregoing expedited Congressional processes and rapid ratification of the Marrakesh Treaty.”

ADOPTED, ALA CD#20.6 (formerly ALA CD#48) Resolution on Equity for School Libraries for the Department of Education Making Rules for ESSA, which read: “Resolved, That the American Library Association (ALA), on behalf of its members:

1. urges the United States Department of Education to address equity issues while developing the ESSA legislation rules regarding funding and staffing school libraries, and
2. shares the American Association of School Librarians’ position statement on an effective school library program with the United States Department of Education.”

ADOPTED, ALA CD#20.7 (formerly ALA CD#47), Resolution on Equity for All in School Libraries, as amended to read: “That the American Library Association (ALA), on behalf of its members:

3. endorses the idea that every student have access to a well-funded, effective school library program;
4. advocates for equitable access to effective school library programs with a certified school librarian, personalized learning environments, and equitable access to resources;
5. works with ALA research committees to document the impact on students of minorities, low-income, and rural communities when cutting resources a well-funded, effective school library programs, particularly in minority and rural communities;
6. advocates for equitable access to well-curated, high-quality, and accessible electronic resources;
7. encourages state departments of education and coalition partners to establish and maintain funding of digital databases and shared resources to provide greater equity of access in all states and regions; and
8. continues to encourage school librarians to apply for Innovative Approaches to Literacy grants.”

DEFERRED, ALA CD#46_62516_ACT (formerly: MMD#5) Resolution Concerning the Creation of the Deaf Culture Digital Library, until the 2017 ALA Midwinter Meeting in Atlanta, Georgia.

NOTE: 2015-2016 ALA CD#41_61716_ACT, Resolution on ALA Support for Spectrum Scholarship Program, because of its financial implications, this resolution was forwarded to the Budget Analysis and Review Committee (BARC) by the Council Resolutions Committee. The resolution read: “That the American Library Association (ALA), on behalf of its members:

1. directs the Executive Director and the Executive Board of the American Library Association (ALA) to develop an operational budget inclusive of staff with increased funding for recruitment, marketing and expanding the impact of the Spectrum Scholarship program, and include input from the Spectrum Advisory Committee in the development of an operational budget.”

It’s been a great experience so far -and I look forward to serving as Ohio’s ALA Chapter Councilor for the next 3 years!

I attended ALA’s Annual Conference from June 24th to 28th in Orlando, FL and while the temperature outside kept climbing outside, everything inside remained calm, cool, and collected.

As a first order of business, I’d like to draw your attention to a call for volunteers:

Thank you for the honor of serving as the Ohio Chapter Councilor.

Courtney Young, ALA President, asked for a moment of silence to honor the memory of Cynthia Graham Hurd, a public library manager in Charleston, S.C., and the eight others who were murdered at the Emanuel A.M.E. Church.  

Outgoing Executive Board members and councilors were recognized.

Loida Garcia-Febo, Chair of the International Relations Committee, presented her report. Almost 600 librarians from 62 countries registered for the 2015 Annual Conference. The IFLA World Library and Information Conference will be held in Columbus, OH, August 13-19, 2016, and preparations, led by Co-Chairs Carol Diedrichs, The Ohio State University, and Patrick Losinski, Columbus Metropolitan Library, are moving into high gear. ALA is partnering with READ Global (Rural Education and Development) libraries, other NGOs, and government organizations in Nepal to collect to help rebuild and restock the hundreds of libraries destroyed or damaged by the earthquake in April.

Mary E. Rzepczynski, Chair of the Committee on Organization, presented her report and asked Council to approve the following revision.

The Budget Analysis & Review Committee (BARC) consists of nine (9) Members:

• Two (2) ALA Executive Board Members, with staggered two-year terms
• Six (6) ALA Members, with staggered four-year terms
• ALA Treasurer (ex-officio voting)

A Chair is selected from among the non-Executive Board members.

Executive Board Members and ALA Members may not be reappointed once they have served on the Committee for four (4) years. The maximum four (4) years need not be consecutive and need not be served as the same member type. For example, one could serve as an Executive Board Member for two (2) years and an ALA Member for two (2) years.

Three (3)-year Treasurer terms do not count towards the four (4) years of Committee service outlined above. Therefore, one may serve as Treasurer for three (3) years and a combination of Executive Board Member/ALA Member for four (4) years, for a total of seven (7) years.

Council approved the change.

Julius Jefferson, President of the Freedom to Read Foundation, highlighted several items from the FTRF report.  In the area of litigation:

Prison Legal News v. Kane – This spring the FTRF joined with journalists, booksellers, publishers and others to successfully challenge a Pennsylvania law that allows a victim to sue a convicted offender to stop any conduct — including speech — that causes “mental anguish.” Under the law, a district attorney, the Attorney General, or a victim of a personal injury crime can ask a judge to prohibit an offender from engaging in any conduct, including speech, that would cause “a temporary or permanent state of mental anguish” to the victim or otherwise “perpetuate the continuing effect of the crime” on the victim or the victim’s family. The FTRF joined an amicus curiae brief drafted by the Reporters Committee for Freedom of the Press that argued that the statute violates the rights of offenders and deprives the public of information that it is willing to receive by allowing a court to issue an injunction barring the distribution of a broad variety of First Amendment-protected material. On April 28, 2015, a U.S. District Court Chief Judge struck down the Pennsylvania law, finding the law “manifestly unconstitutional.” Conner ruled that the law is an impermissible content-based restriction and that it is vague and overbroad.

Antigone Books v. Horne: In September 2014, the FTRF joined with booksellers, publishers, and photographers to challenge an Arizona statute that makes it a crime to publish, sell, loan or disclose images that include nudity without the depicted person’s consent for each distribution.  Although intended to target “revenge porn,” the law, as written, potentially makes criminal the dissemination of a large number of historic, artistic, educational and other newsworthy images. After FTRF and its fellow plaintiffs filed a motion for preliminary injunction asking the district court to block enforcement of the law, attorneys for the State of Arizona sought to stay enforcement of the law and stay the lawsuit itself to allow the Arizona legislature the opportunity to narrow the law in its next legislative session. The legislature failed to act, however, and on May 18, 2015, the plaintiffs renewed their motion for a preliminary injunction.  Unless FTRF and its fellow plaintiffs reach a settlement with the state, oral argument on the motion will be heard on August 31. While the Freedom to Read Foundation strongly condemns the malicious invasion of privacy resulting from “revenge porn,” and supports using legal tools to stop it, the Arizona law goes far beyond criminalizing this reprehensible practice and potentially makes criminally liable anyone who provides access to any image that includes nudity, including newsworthy images such as the iconic image of the “Napalm Girl.”

Arce v. Huppenthal: The Ninth Circuit Court of Appeals has still not published a decision in this lawsuit filed by teachers and students in the Tucson Unified School District (TUSD) against the Arizona Superintendent of Public Instruction and other state officials.   The lawsuit challenges the constitutionality of an Arizona statute prohibiting the use of class materials or books that encourage the overthrow of the government, “promote resentment toward a race or class of people,” are “designed primarily for pupils of a particular ethnic group,” or “advocate ethnic solidarity instead of the treatment of pupils as individuals.” The Ninth Circuit Court of Appeals heard the parties’ oral arguments on January 12, 2015. Constitutional scholar Erwin Chemerinsky, dean of the law school at the UC-Irvine, argued the case on behalf of the students. Commenting on the case, he had high praise for the brief authored by FTRF’s legal counsel. 

Keith Michael Fiels announced that current conference registration stands at 22,614.

Courtney Young, ALA President, welcomed all present to the first Council session of the 2015 Annual Conference and introduced a variety of division and chapter leaders.

Hearing no corrections, Courtney Young declared the minutes of the 2015 Midwinter Conference Council Minutes adopted.

Sari Feldman, Chair of the 2014-2015 Committee on Committees (and ALA President-Elect), presented the nominations for the 2015-2016 Council Committee on Committees election.  Four councilors are to be elected for one-year terms from the following candidates: Edward L. Sanchez, Gladys Smiley Bell, Min Chou, Maria Carpenter, Stephen L. Matthews, Cristina Dominguez Ramierez, Ellen Hunter Ruffin, and Rocco A. Staino.

Sari presented the nominations for the 2015-2016 Planning and Budget Assembly Election.  Three Chapter Councilors and three Councilors-at-Large are to be elected from the following candidates: Chapter – Ben Allen Hunter, Sherry Machones, Kris Seerengan, and Patricia (Patty) M. Wong, Jason Hatton, Jennifer A. Alvino; At-Large – Mary Biblo, John C. DeSantis, Denice C. Adkins, Eric D. Suess.

Eric D. Suess, Chair of the ALA Awards Committee, reported on the proposed establishment of the Ernest A. DiMattia, Jr. Award for Innovation , and Service to Community and Profession.  The award is intended to recognize an administrator in a public library setting for leadership qualities in anticipating emerging trends in services, products and technologies that will enhance the library’s position in its community.

Barbara K. Stripling, immediate Past President of ALA, moved for approval the Strategic Directions Document.  This document will replace the ALA 2015 plan and represents two years of work. It reflects the synthesis of conversations at all levels of the organization and in all areas of the country.  The mission remains unchanged.  Key action areas are advocacy for libraries and the profession; diversity; education adn lifelong learning; equitable access to information and library services; intellectual freedom; literacy; organizational excellence; and transforming libraries. Goals and strategies to support ALA’s directions are also included in the document. 

James Rettig, Chair of the ALA Constitution and Bylaws Committee, presented one action item, a recommendation that Council approve an amendment to the ALA Constitution as a first step towards placing the amendment on the spring 2016 ballot for a vote by the ALA membership.

Resolved, that the following amendment to the ALA Constitution be approved so that at the 2016 Midwinter Meeting Council can consider placing the amendment on the spring 2016 ballot for the membership’s vote:

Amend Article X of the ALA Constitution to state:

Section 1. National or international organizations having purposes similar to those of the Association or to one of more of the Association’s subdivisions may request to become an affiliate of the Association. Requests for affiliation are subject to Council’s approval.

Section 2. The Association or any subdivision thereof may request to become an affiliate with national or international organizations having purposes similar to those of the Association or to one or more of the Association’s subdivisions.  However no subdivision of the Association may separately affiliate itself with an organization with which the Association is affiliated.

Councilors asked a number of questions, and ultimately a motion was made and approved to refer the recommendation back to the committee.

Keith Michael Fiels, ALA Executive Director, reviewed Executive Board actions since the 2015 Midwinter Meeting.    Keith drew special attention to approval of the United For Libraries group membership; EB review and approval of a list of the companies for the TIAA-CREF portfolio; and the increase of the number of Spectrum scholarships from 50 to 60. He also reviewed action on resolutions that Council passed at Midwinter.

Council considered the following resolution:

Resolution on the Importance of Sustainable Libraries

Resolved, that the American Library Association (ALA), on behalf of its members:

1. recognizes the important and unique role libraries play in wider community conversations about resiliency, climate change, and a sustainable future and begins a new era of thinking sustainably in order to consider the economic, environmental and socially equitable viability of choices made on behalf of the association;
2. enthusiastically encourages activities by itself, its membership, library schools and state associations to be proactive in their application of sustainable thinking in the areas of their facilities, operations, policy, technology, programming, partnerships and library school curricula; and
3. directs the ALA Executive Director to pursue sustainable choices when planning conferences and meetings and to actively promote best practices of sustainability through ALA publications, research and educational opportunities to reach our shared goal of vital, visible and viable libraries for the future.

Council passed the resolution.

Council next considered this resolution.

Resolution Denouncing the Systemic Racism that Motivated the South Carolina Shootings

Resolved, that the American Library Association (ALA) on behalf of its members:

1. denounces racially and politically motivated violence as exempliifed by the shootings at Emanuel African Methodist Episcopal (AME) Church in Charleston, South Carolina, on the evening of Wednesday, June 17, 2015;

2. recognizes the hidden, endemic, and pervasive nature of systemic racism in American culture;

3. will strengthen and prioritize its own efforts to support diversity and foster cultural understanding and humility within our profession; and

4. will work with other professional associations to enable library staff and information organizations to expand our collective understanding of the hidden, systemic nature of racism in American culture and its potential for violence.

Council approved the resolution after some wordsmithing.

Resolution on Libraries and Schools Affected by the Conflict in Gaza and Israel in 2014

Resolved, that the American Library Association (ALA)

1. deplores the destruction and damage of cultural institutions, including schools and libraries, in Gaza and Israel during the recent conflict there;

2. deplores the use of schools for storing or firing weapons;

3. calls again for the protection of libraries and cultural resources in the Middle East, and urges the US Government to support the United States Committee of the Blue Shield in upholding the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict”; and

4. calls upon the government of the United States, as well as other governments, intergovernmental organizations, and nongovernmental organizations to provide material assistance for the reconstruction and restoration of these libraries and schools.

Council did not approve the Resolution.

Council next considered this resolution.

Resolution Against Mass Surveillance of the American People

Resolved, that the American Library Association calls on the U.S. President and Congress to end mass surveillance of the American people by:

1. Repealing Section 215 of the USA PATRIOT Act, and all other sections that authorize mass surveillance of the American public;

2. Repealing all mass surveillance authorized by the USA Freedom Act, by adopting into law the following measures: requiring government agencies to get a national security warrant before collecting personal information from third parties, raising the standard for government collection of call records under FISA from “reasonable grounds” to “probable cause,” limiting the government’s ability to use information gathered under intelligence authorities in unrelated criminal cases, making it easier to challenge the use of illegally obtained surveillance information in criminal proceedings, prohibiting the government from requiring hardware and software companies to deliberately weaken encryption and other security features, and requiring court approval for National Security Letters;

3. Prohibiting the government from conducting warrantless reviews of Americans’ email and other communications under Section 702 of the Foreign Intelligence Surveillance Act; and

4. Amending Executive Order 12333 on United States Intelligence Activities by deleting all authority for mass surveillance of the American People.

Council voted to refer the resolution to the Committee on Legislation.

Keith Michael Fiels announced that total registration currently stands at 22,363.

Detailed documents are available on ALA Connect. 

Courtney Young, President of ALA, presented Memorials and Tributes.  Memorials for Diane P. Monnier, Jean E. Lowrie, Roger C. Greer, Chris Olson, Ruth V. Bell, Ferol Ann Accola Foos, Miriam Drake, Lois Mai Chan, Judith Hopkins, Mary Woodley, Julia Claire Blixrud, Vivian Blanche Cazayoux, Ernest A. DiMattia, Jr., John H. Hunter, Donald J. Sager, Leslie Feinberg, and Paul Kay Sybrowsky were acknowledged, as were Tributes in honor of Nathan Scott, the Ferguson Municipal Public Library, Linda H. Lord, Charles Wilt, and Tom Wheeler.

Susan Schmidt, United for Libraries Councilor, presented a Resolution Urging library Directors to Encourage and Support United for Libraries Memberships for Each of Their Trustees.  Resolved, that the American Library Association (ALA), on behalf of its members, urges all library directors to encourage and support United for Libraries memberships for each of their Trustees.  Council approved the resolution.

Kent Slade, Chair of the Tellers, reported on the results of the Executive Board election.  With 147 ballots cast, Loida A. Garcia-Febo, Julius C. Jefferson, Jr., and Mike L. Marlin were elected.

Loida A. Garcia-Febo, Chair of the International Relations Committee, presented her report.  IFLA unveiled the Lyon Declaration On Access to Information and Development at its Congress last August.  The Declaration positions libraries and information as foundations to success across the United Nations Post 2015 Development Goals.  ALA Council approved ALA becoming a signatore to the Declaration at the Annual Conference in Las Vegas.  There are now over 500 signatores to the Declaration.  

The 2016 IFLA Congress Will be held in Columbus.  ALA is a member of the IFLA 2016 National Committee.  Promotion for Columbus kicked off here at Midwinter with a Columbus Booth.  The National Committee met to continue its planning efforts. The National Committee co-chairs are Carol Diedrichs, Ohio State University, and Patrick Losinski, Columbus Metropolitan Library System.  Jim Neal will serve as co-chair of the fundraising effort for fellowship to attend the Congress.  

The IRC discussed the Resolution on the Destruction of Libraries and Schools in Gaza in 2014 but did not take action to endorse.

UNESCO was founded in 1945. For 70 years it has helped to foster collaboration among the nations through education, science, and culture to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms for the peoples of the world, without distinction of race, sex, language or religion.  IRC ask Council to recognize UNESCO on its 70th Anniversary by recognizing UNESCO’s 70 years of achievement and urging Congress to approve the national interest waiver so the United States can again pay its dues, and become a fully functioning member of UNESCO. With this resolution, we urge the continued efforts Council approved in 2013 to get the United States to again pay its dues to UNESCO to help strengthen the ability of UNESCO to be able to fulfill its mission.

She presented a Resolution Recognizing and Supporting United Nations, Educational, Scientific, and Cultural Organization (UNESCO) on Its 70^th Anniversary.  

Resolved, that the American Library Association (ALA), on behalf of its members:

1. recognizes UNESCO’s 70 years of achievement, as well as encourages its members to join in support of anniversary activities; and
2. continues to urge Congress to approve the national interest waiver so the United States can again pay its dues, and become a fully functioning member of UNESCO.

Council approved the resolution.

J. Douglas Archer, Chair of the Intellectual Freedom Committee, presented the Committee’s report.  He highlighted several items from his written report.  

During the 2014 Annual Conference in Las Vegas, NV, the IFC proposed revisions to 14 Interpretations to the Library Bill of Rights for inclusion in the 9th edition of the Intellectual Freedom Manual. All of the proposed revisions to the Interpretations were adopted by Council. During the discussion of the resolutions, the IFC was tasked to review the Labeling and Ratings System Interpretation after Annual and report back to Council on its findings. After review, the IFC has decided to split Labeling and Rating Systems into three separate Interpretations and will send the drafts to ALA Council in April for review and comment prior to submitting the revised Interpretations for approval at the 2015 ALA Annual Conference in San Francisco.  He announced that the ninth edition of the Intellectual Freedom Manual will be available in April.  Additionally, he shared that the Office of Intellectual Freedom is receiving an average of two new concerns a day. He also announced that Banned Books Week 2015 will take place September 27 – October 3, and Choose Privacy Week will take place May 1-7, 2015.

He presented a Resolution Denouncing Recent Assaults on the Freedom of Expression as Exemplified in the Attack on Charlie Hebdo.

Resolved, that the American Library Association 

1. denounces these bloody assaults on fundamental human rights;
2. expresses its deepest condolences to all those associated with the publication Charlie Hebdo and to the French people;
3. affirms its solidarity with L’Association des Bibliothécaires Francais,
4. reaffirms in the strongest possible terms its unwavering commitment to the advocacy and defense of intellectual freedom including freedom of the press, freedom of speech and freedom of expression; and
5. directs Keith Michael Fiels, Executive Director of the American Library Association to communicate its support and resolve to Francois Hollande, President of the French Republic for the people of France and to our colleagues of L’Association des Bibliothécaires Francais.

Council approved the resolution.

Vivian Wynn, Chair of the Committee on Legislation, presented the Committee’s report.  An important new subcommittee has been added to COL. FLAG is charged with the task of creating a cadre of influential library advocates from every state in the United States. FLAG will be devising and implementing a proactive approach, enhancing our advocacy efforts to Congress.  Advocates recruited by FLAG must have connections to one or more Members of Congress and agree to contact those Members of Congress when urgent legislative and policy issues arise. FLAG, with the help of the Office of Government Relations (OGR) staff, will provide talking points and background information to the cadre, which they can use to rally support among their elected officials. In the short three weeks that FLAG has been recruiting cadre members, we have been extremely successful, with a list of over fifty cadre members to date. We are asking councilors to help identify potential cadre members and to pass that information on to the FLAG chairs: Vivian Wynn (vwynn91@bellsouth.net) or Joan Reeves (jrreeves2@gmail.com).

COL has discussed the following federal legislation that is expected to be forthcoming in the 114^th Congress: network neutrality; the Library Services and Technology Act (LSTA); reintroduction of the Fair Access to Science and Technology Research Act (FASTR); an update to the Freedom of Information Act; changes to provisions of the USA Patriot, Foreign Intelligence Surveillance Act Amendments and Electronic Communications Privacy Acts; and reauthorization of the Elementary and Secondary Education Act (ESEA).

She presented a Resolution on Preserving Public Access to Scientific and Technical Reports Available Through the National Technical Information Service. 

Resolved, that the American Library Association (ALA): 

1. urges the United States Congress to fund the provision of digital reports held by the National Technical Information Service (NTIS) to federal agencies and the public at no charge through NTIS, as well as the preservation of NTIS’ print and microform collections so they will remain available for sale to the public on a cost-recovery basis; and 

2. urges the United States Congress to ensure that a national repository is selected, statutorily charged, and funded to preserve and provide public access to these important scientific and technical reports if NTIS-enabling legislation is eliminated.

Council approved the resolution.

Trevor Dawes, Chair of the Task Force on Equity, Diversity, and Inclusion, presented his report.  The impetus for creating the Task Force was the grave concern expressed by some members about the Association hosting its 2016 Annual Conference in Orlando, FL in light of Florida’s application of the “Stand Your Ground” laws as it relates to the Trayvon Martin case.  Following the release of the statement from the BCALA, ALA president Barbara Stripling engaged by e-mail and phone with leaders from ALA and the Ethnic Caucuses who subsequently issued a joint statement.  The ALA’s Executive Committee and BCALA’s Executive Board decided that the best way to respond to the Florida situation is by turning it into an opportunity to educate, build awareness, and advocate for equitable treatment, inclusion, and respect for diversity. Among the agreed-upon items was the creation of a special task force.  The ALA Task Force on Equity, Diversity and Inclusion was created in the spring 2014 by then ALA President, Barbara Stripling. The charge of the Task Force reads as follows:  The Task Force on Equity, Diversity, and Inclusion will develop a plan and strategic actions to build more equity, diversity, and inclusion among our members, the field of librarianship, and our communities. The most important Task Force outcome is the public and honest conversation that will be generated by its plan and recommended actions. The final Task Force report will include recommendations for ensuring that a continuing focus on equity, diversity, and inclusion is embedded throughout the ALA organization.  Because the work of the TF got underway in the fall 2014, it is still in the information-gathering phase. To aid with information gathering, there will be a series of short ALA member surveys to understand the culture of the association, the profession, and communities with respect to equity, diversity and inclusion.  The first survey will be conducted in January/February 2015.  Subsequent surveys will launch at or around the time of future ALA conferences.

Jane Glasby, Councilor-at-Large, presented a Resolution on the Destruction of Libraries and Schools in Gaza in 2014.

Resolved, that the American Library Association (ALA)

1. deplores the destruction and damage of cultural institutions, including schools and libraries, in Gaza during the recent conflict there;

2. again calls for the protection of libraries and cultural resources in Gaza, and urges the US Government to support the United States Committee of the Blue Shield in upholding the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict”; and

3. calls upon the government of the United States, as well as other governments, intergovernmental organizations, and nongovernmental organizations to provide material assistance for the reconstruction and restoration of these libraries and schools.

 An amendment to add an additional statement (a new #2) was presented:  Deplores the placement of weapons and other acts that make libraries, schools and other cultural resources viable military targets.  The amendment was defeated.  Ultimately, the resolution was also defeated.

Keith Michael Fiels, Executive Director of ALA, announced that Midwinter attendance totaled 10,637.

Erica Findley, Councilor-at-Large, announced that a court decision in Kentucky is expected soon that could devastate funding levels for 99 of the 104 state’s public libraries.  She urged ALA to be prepared to provide any needed assistance.  Keith Michael Fiels responded that ALA has already been assisting the Kentucky Library Association.