The Cullman County Public Library Board has walked back its decision, made last month, to appoint Josie Harrington as Library Director, and will be conducting a public search for the next 30 days to fill the position.

On Tuesday, Sept. 19, board member Lea Scott said she was made aware, after-the-fact, that by holding a vote to name Harrington as director during a closed executive session, the board had unwittingly violated the Alabama Open Meetings Act. Harrington — who has been serving as the libraries assistant director for the past three and a half years — stated how, prior to the vote, she had reached out to the human resources representative with the Cullman County Commission who cleared the vote to take place during an executive session due to the precedent which had been set during the naming of previous library directors.

Board member Judge Rusty Turner was not present when the vote took place, but clarified on Tuesday that while the board may discuss “the good name and character” of a potential candidate behind closed doors, any action taken must be done in the public light. Any decision reached otherwise would be effectively null and void.

“Which is why this is being addressed,” Harrington said. “Apparently, in the past it has been done in executive session, which has been incorrect, and that is what was done at the last meeting. However, there were concerns raised, so this is to take that vote again in public. Which is how it should have been done.”

However, rather than hold an immediate vote to correct last month’s actions Turner suggested naming Harrington as interim director, tabling the appointment post the director position for 30 days.

“I am not in favor of just automatically naming her as director, I don’t think that is wise or appropriate,” Turner said. “I firmly believe that is in the best interest of the library, and the best interest of Josie, that this position be posted, and us seeing what type of applications we receive.”

Scott said this had been discussed prior to last month’s vote, but the board had decided to follow its previous procedures.

“In the past we would post the job for the assistant director, and that’s how we got Josie. That person was then naturally groomed into the director position. It’s just one of those things that… this is just how it’s been done, but I hear what you’re saying,” Scott said.

Harrington agreed with Turner’s recommendation adding that, following her appointment, she was told by officials with the Alabama Public Library Service that, while candidates may be appointed from within local library systems, it was a much more typical practice to post public job notices.

“I’m in no way opposed to the position being posted, because I think there is merit to it and merit to getting the applicants for this position,” Harrington said.

According to the Open Meetings Act, civil action may be taken against a governmental body by media outlets, any Alabama resident, the attorney general or the district attorney for the circuit in which the governmental body is located. If a complaint is filed by a resident, they must provide specific evidence or testimony showing how they were, or could be, negatively impacted to an extent greater than the public at large.

If complaints are filed within 21 days of the alleged violation, courts have the authority to overturn any action taken during executive sessions and impose up to a $1,000 dollar fine against those found in violation. The law also stipulates a fine may not exceed one-half of an individuals monthly salary for serving as a member of the particular governmental body. Because library board members serve voluntarily, any fine imposed would not exceed the minimum $1 penalty.

Library board members told The Times on Wednesday, Sept. 20, that they were unaware of any formal complaints submitted regarding Harrington’s appointment.

According to Turner, the director position will be posted by the Cullman County Commission office for the next 30 days.

In other business, the board heard from Hanceville-branch board secretary, Cathy Bradford, to discuss what she described as a “breakdown in communication” regarding the material recovery service Unique Library Management Systems.

Harrington described Unique as a “library specific material collection service” used to recover or receive compensation for long overdue library materials in lieu of enforcing late fees.

“Our late fines were removed a couple of years ago. Many libraries have done so and various bits of research have shown it doesn’t make a major difference because they weren’t paid very often and it just made people afraid to come to the library,” Harrington said.

Bradford said the Hanceville branch staff were aware of the removal of late fees, but had not been made aware of UMS until May/June of this year when a patron — who had been with her child during his out-of-state cancer treatments for an extended amount of time — received a letter from the company requesting the return or payment for a library book.

“We had no idea the Unique Management System had been implemented. I think there is a giant breakdown in communication between the main branch and the satellite library branches,” Bradford said.

Harrington said, while serving as assistant director, she had sent notices to each of the branches when the system was first implemented in 2021, but apologized to Bradford for that notice not reaching her.

Bradford’s main issue with UMS was the confusion notices have caused to library patrons and staff. The “Gentle Nudge” service available through UMS will send patrons letters roughly two to three months after materials have not been returned in an effort to recover lost materials.

The UMS website states the service has recovered more than $1.1 billion in library assets.

Despite the company’s claims to “preserve patron goodwill and dignity,” Bradford asserted the letters received by patrons could be perceived as intimidating, and the use of the word “collections” has caused recipients to believe they would suffer negative hits to their credit scores.

Harrington said the system does not effect patron credit scores, “They literally just exist just to help libraries retrieve items which have been lost or any payments required,” she said.

“I just think there needs to be a little more clarification for our customers, because they read that letter and they think they are being sent to collections because it says collections,” Bradford said.

Harrington said she would be looking into submitting feedback to the company encouraging the letters use more appropriate language and tone. She said she has also already been looking to update the board’s by-laws to allow for more up to date technology be used to create more efficient streams of communication between the main library branch and all its satellite branches.

In other business the board:

• Updated the by-laws to allow for members to attend meetings via telephone or video chat.
• Approved a template form for public records requests from the Alabama Public Library System with the exception of removing the section requiring a $20 submission fee.