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Middlebury residents ask Elkhart County Council for public hearing after library board declines roll-call vote on content resolution
Summary
A Middlebury resident representing 524 petition signers asked the Elkhart County Council to hold a public hearing on April 17 to consider whether county-appointed library board members had "jeopardized public confidence" by failing to put a community-backed resolution to a roll-call vote.
A Middlebury resident told the Elkhart County Council on April 17 that 524 people signed a petition asking the council to hold a public hearing on whether county-appointed library board members had "jeopardized public confidence" by not taking a roll-call vote on a community-backed resolution about sexually explicit or otherwise graphic material in library collections.
Cindy Hyczyk of Goshen said the petition asks the council "to redress my grievance" and requested that the council schedule a public hearing to receive evidence and determine whether removal of appointees is warranted under the law. She said the resolution asked the library to make certain graphic materials available to minors only when accompanied by a parent or guardian; Hyczyk said the library president responded that that policy already exists in the library's rules but that community members disagree with how the policy is being applied.
Council members said they had discussed the request and did not "have much appetite for replacing somebody in the middle of their term." Council leadership noted that library board appointments are considered during recurring appointment cycles and suggested the matter could be revisited at that time. The council also asked County Attorney Steve Olsen to review whether statute requires the council to hold a public hearing on the petition. Olsen said he was "not aware" of a statute that allows a citizen to demand such a hearing and would research the law on the council’s behalf.
Hyczyk cited Indiana Code "36-12-2-20" during her remarks and asked the council to put members on record. She urged a roll-call vote "as to whether or not to move forward with that public hearing" at next month’s meeting. Council members said they will await the county attorney’s legal advice and that, absent a legal requirement, they expect to address appointment questions in their regular appointment process later in the year.
All statements attributed in this report are those made in the council meeting record; the council did not schedule a public hearing during the April 17 meeting.
