ODL Board Minutes and Agendas

February 23, 2001

10:30 a.m.
Oklahoma Department of Libraries Records Center
426 E. Hill Street
Oklahoma City, OK

Minutes of Meeting

Chairman Clyde Petete called the meeting to order and asked for roll call. Present: Benny Briggs, James Carter, Jesse Harris, Doyle Kinney, Judi Knapp, Camilla Means, Clyde Petete and Susan McVey, ex officio.

Guests and staff present were: Bob Clark, Susan Gilley, Gary Harrington, Mary Hardin, board appointee Sherry Roberts, Syble Robertson, Donna Skvarla, Vicki Sullivan and Bill Young.

Mr. Petete asked for consideration of the minutes from the November 17, 2000 meeting. Jesse Harris moved that the minutes be approved. Judi Knapp seconded the motion. Votes were as follows: Benny Briggs, yes; James Carter, yes; Jesse Harris, yes; Doyle Kinney, yes; Judi Knapp, yes; Camilla Means, yes; Clyde Petete, yes. The minutes were approved.

Susan McVey distributed copies of the 2001 Ethics Manual and �Statement of Financial Interests� forms. Board members are required to file a financial statement with the Ethics Commission each year.

Ms. McVey presented her Director�s Report (see attached), and provided the board with an updated Bill Tracking list. She said ODL is also using the agency�s website to track legislation related to libraries and information technology. The text of bills is available for download

Bill Young shared a preview of the cover of the 2001-2002 edition of the Oklahoma Almanac with board members. The publication will available the first of May.

Bob Clark provided a status report on the Oklahoma Endowment for Literacy and Reading (OELR). Mr. Clark said he has been compiling information, contacting foundations, and recruiting board members. He has applied for 501-c3 status for the organization. 

OELR board members include Ann Benson, director of the Department of Career and Technical Education; former legislator Betty Boyd; former ODL Board member Jane Harlow; Melinda Johnson, a teacher from Durant; John Kennedy, former Oklahoma Secretary of State; William Krueger of the Krueger Foundation; Anne Morgan, a former chairman of the Oklahoma Regents for Higher Education; Polly Nichols, former librarian at the Library of Congress; Mac Wall, director of the Oklahoma Educational Television Authority; and Cliff Wingfield, director of the Tulsa Book Bank.

He said Mr. Krueger will identify additional persons from Tulsa who may be able to serve on the board. He said OELR will also try to recruit board members from the western part of the state.

Clark said several hundred letters of inquiry have been sent out to foundations in order to identify potential funding sources. He said he did not expect the OELR board to meet until the fall.

Mr. Petete asked what could be expected following Mr. Clark�s retirement in April. Mr. Clark said that by the end of April he would have a final report, a database of foundations, and recommendations for the next steps. He said he sees the OELR as ultimately standing on its own, but that it will need assistance from ODL initially.

Susan McVey reported on the Children�s Internet Protection Act (CIPA). This legislation was passed by Congress last December and signed by the President. Oklahoma Congressman Ernest Istook is an author of the bill establishing this act. Federal rulemaking is now underway, and some rules are to be in place by April. 

Ms. McVey said the law requires libraries to filter if they receive federal dollars. Schools and public libraries receiving federal e-rate funds must filter Internet access. The rules due out in April will address this e-rate requirement.

In addition, the use of federal Library Services and Technology Act (LSTA) funds will also require public libraries to filter Internet access for children. Libraries must be able to disable filtering for adult patrons. The Institute of Museum and Library Services, coordinator of the LSTA program, is less specific about dates for compliance. This requirement may not go into effect until 2003, giving public libraries time to investigate and select filtering technologies.

The majority of Oklahoma�s public libraries participate in the e-rate program, and many of them apply for federal LSTA grants through the Oklahoma Department of Libraries.

Ms. McVey said concerns about CIPA focus around the issues of library liability, the rights of adults vs. the rights of children, the compatibility of filtering software with other software on library computers, and the costs of maintaining filtering technology. She said issues may become clearer when the federal rules are released. Representative Istook�s staff indicated they may be willing to ask for additional funds to help with library costs since filtering will be a requirement. 

She said ODL will be doing some public awareness sessions to help libraries with requirements of the law.

Benny Briggs asked if ODL has heard concerns from local libraries. Ms. McVey said most of the libraries have a wait-and-see attitude. She said local libraries have a choice about accepting federal dollars, but that most smaller libraries in the state need e-rate funds. Costs associated with filtering are expected to be an ongoing expense for libraries. 

She said she would like to see a �hold harmless� provision added to the law, so that libraries cannot be sued due to the failure of filtering software or the actions of patrons who choose to break library policies.

Ms. McVey said CIPA is being challenged, but that ODL must approach it as the law until the courts say otherwise.

In addition to CIPA, the Oklahoma House is also considering a bill requiring Internet filtering in schools and public libraries. At a hearing, Ms. McVey informed the legislative committee that a federal law existed and that rules were due out this spring. She suggested that the state may wish to wait until these rules are developed to avoid any conflicts with federal law.

James Carter asked about the state bill versus the federal law. Ms. McVey said the state bill was more stringent than the federal legislation. Filtering would not be tied to funding, and filtering would be for all patrons at all school and public libraries. Mr. Petete asked if the Board should send a letter to representatives to communicate concerns. Ms. McVey said there could be no official board action at this meeting since the issue is not on the agenda. She said board members could write letters individually should they wish.

Mr. Briggs said the board had discussed the issue of filtering more than any other issue. He said filters were imperfect but that he favored some kind of controls over what children see on the Internet. He said the question comes down to: �Is there a grown-up in the house?� He said having adult supervision present will do more to aid this effort than other measures.

Ms. McVey said there is a concern that people will believe children are protected because a computer has a filter, when this is not the case. 

Mr. Briggs said adult supervision puts the issue back in the community, where it belongs. He said he did not want any board communication to the legislature to indicate the board is against filtering; only that there are concerns about state law conflicting with federal law.

Ms. McVey reported that ODL would soon begin a strategic planning process as required by the Office of State Finance. ODL staff is scheduled for training in late spring. She said the OELR would be addressed in the planning process.

Senate Bill 396 was shared with Board members. Due to planned reapportionment and redistricting, the bill proposes amendments to state statutes related to the make-up of state agencies� boards and commissions. The proposed amendment related to the ODL board would keep the board at seven members: five appointed based on congressional districts, and two appointed at-large.

Ms. McVey presented a proposed Hazardous Weather Policy to the board. The unusually cold and icy conditions this winter led to many questions concerning leave, and a need for ODL to clarify leave policy. The proposed leave policy is in conformance with state Merit Rules. In addition to clarifying leave, the policy provides for the closing of ODL during periods of hazardous weather. The Office of Personnel Management gives the appointing authority the option of closing a state building during such conditions. 

Doyle Kinney moved and Ms. Knapp seconded approval of the Hazardous Weather Policy. Votes were as follows: Benny Briggs, yes; James Carter, yes; Jesse Harris, yes; Doyle Kinney, yes; Judi Knapp, yes; Camilla Means, yes; Clyde Petete, yes. The policy was approved.

Mr. Petete appointed Mr. Briggs, Mr. Kinney and Ms. Knapp to serve on a personnel committee so that the board would be ready to vote on the director�s position at the next meeting, scheduled during the Oklahoma Library Association conference. Mr. Petete asked Mr. Carter to serve as an alternate on the committee.

Prior to a tour of the new Records Center, the board heard an overview of ODL�s records management services. Vicki Sullivan said it is an ODL mission to help state agencies manage their records. Part of this assistance involves storage of temporary records. She said it has taken years to obtain a good warehouse and good office space for records staff. The move to the new facility has been two years in the making. ODL rents the new space. Agencies are charged 25� per cubic foot of storage space used per month. This pays for the lease. The building�s owner pays for security and utilities.

Gary Harrington said permanent state records were housed in the Archives. Documents in the records center are temporary and have retention periods averaging seven years, although the Insurance Department has some records that need to be retained for 50 years. Mr. Harrington said the Records Center is also housing some permanent records because of lack of space in the State Archives.

Mr. Briggs asked if there are any plans to move hard copies to a digital environment. Mr. Harrington said the Archives plans to digitize materials to make the information accessible online, but that original hard copies must be retained for legal purposes.

Ms. McVey said the Archives and Records Commission establishes standards for the maintenance and retention of records. There is a concern about establishing digital standards since technologies change. Digitized records readable today may not be accessible in the future.

Mr. Briggs asked if ODL provides training to show agencies how to store records. Mr. Harrington said presentations and workshops have been made to other agencies on the topic. He said it is often beneficial to do these presentations agency by agency. Also, all agencies must go through the Archives and Records Commission to have their records retention schedules approved.

Mr. Petete asked if the new facility provided enough room. Mr. Harrington said there was sufficient space at this time. He said the Microfilm Vaults remain at the older Records Center.

The board prepared to adjourn so members could tour the new facility. Mr. Carter asked if the ODL Board Packet could be mailed to members earlier. Ms. McVey said it could. Mr. Carter said ten days in advance of the meeting would be sufficient.

The board adjourned at 11:50 a.m.

Susan McVey, Secretary

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