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Brookings council hears first reading of library reconsideration policy to meet state law
Summary
Council heard a first reading of Ordinance 25-024 to formalize a citizen request-for-reconsideration process for library materials, aligning the library’s policy with state law 22 24 20 56; council members asked about timelines, public hearing procedures and potential legal exposure if an appeal reaches court.
The Brookings City Council heard the first reading of Ordinance 25-024, which establishes a citizen request-for-reconsideration and appeal process for library materials to bring the library’s procedure into compliance with state law 22 24 20 56.
Isha Gustafson, the library director, told council the library has had a reconsideration process for many years and that the ordinance codifies steps for review and escalation to the city council. “It is bringing the library policy into compliance with state law 22 24 20 56,” Gustafson said.
Council members asked how the new step to allow appeal to the city council would operate and whether the council would need a formal response timeline. Gustafson said staff had not seen guidance on a council timeline and that it would be up to council to determine how to handle requests that reach that level. The city attorney said that if the council makes the final administrative decision, an appeal could go to circuit court and whether the city defends the decision would depend on the legal questions raised.
Council member Wendell expressed frustration that the statute requires council involvement, saying it places additional responsibilities on council members who may lack subject-matter expertise. Library staff said requests for review are infrequent: Gustafson reported that in her nine-and-a-half years she has had one completed review and one incomplete submission. The ordinance will return for second reading on Aug. 12.
