[Libs-Or] petition response

Fri Sep 30 09:51:30 PDT 2016

To reiterate previous comments, Oregon election rules for government entities are pretty clear. Libraries, library employees or government appointed library board members may not advocate for or against a measure (or candidate) on the job or in their official capacity, or use government resources to do so.  Anything printed by the library/county must use neutral language to discuss the measure – what would happen if it passes, what would happen if it does not pass (you cannot use the word fail as it is not “neutral”) and what the taxpayer impact would be (would, not will as will assumes a conclusion!).  This also applies to websites, broadcast information, etc.  The Quick Reference Guide is very helpful: http://sos.oregon.gov/elections/Documents/260.432_quickref.pdf  So, if you were providing links to any partisan information it would seem to violate the impartial rule.

The Secretary of State Elections Division is very good at helping with compliance. Washington County always sends all of our prepared materials (including videos) to the Elections Division for review (send final drafts before you print!). In our last election (Nov 2015) they reviewed and returned recommendations to us within 24 hours.  They are awesome! They look not only at the language, but your graphics and photos (no happy or sad children, no check marks next to a Yes box, and so forth – anything that might pull at emotional heartstrings). After review, we always include in small print at the  bottom of our  pieces a disclaimer, “This material reviewed by Secretary of State Elections Division ADVXXXX.”  They assign you an ADVisory file number.  Once you have done this you have “Safe Harbor” status and any complaints received by Elections will be notified that you are in  compliance. No investigation is done.  Here’s the deal: if they tell you to change something, do so.  My personal goal is to comply while still producing interesting, attractive and persuasive materials! It’s an art form.

Advocacy should be left to private groups (a PAC) or the Friends (they can advocate in some capacity).  But they need to be separate from the library’s impartial stance. Also, as noted previously, Elected Officials are exempt from these restrictions. So, County Commissioners, Mayors, City Councilors, School Board members, The County Sheriff, The DA, or any other elected person can be an advocate for you.  They can say things like, “the librarian cannot advocate under Oregon Elections Law, but I can. Vote for this!  Libraries  are important to this community!”  Make a friend with an elected official or two who can do appearances with you or write the editorals.

Err on the side of caution. You want to focus to be on the issue, not on a controversy!  Voters are too distracted as it is! ☺

Harold, I’d  be happy to talk to you or offer advice offline.  Send me an email and we can set something up.

Eva Calcagno, Director
Washington County Cooperative Library Services
(503)846-3233
www.wccls.org<http://www.wccls.org>

From: Libs-Or [mailto:libs-or-bounces at listsmart.osl.state.or.us] On Behalf Of Cindy Gibbon
Sent: Thursday, September 29, 2016 10:58 PM
To: Karen Hill
Cc: libs-or
Subject: Re: [Libs-Or] petition response

Best practice would be to have anything being distributed by the library regarding the election vetted by the Secretary of State to make sure that it meets the requirements of Oregon election law.  Those parameters are fairly narrow--much more narrow than we might wish.  I am fairly certain there have been rulings that, for example, you cannot say what will happen if the measure does not pass.

Anything on the library website would need to meet these criteria, as would any printed material the library distributes.

The campaign committee, a separate entity from the library, can have its own web site and distribute material in favor of the measure.  Library staff can work on the campaign as long as they do it on their own time and with no use of public resources.

Other libraries that have been down this road before can provide examples of the type of
material that we have used that did pass the vetting process, if that would help.

We can also point to resources that would help with better understanding election law.

On Thursday, September 29, 2016, Karen Hill <karenh at wccls.org<mailto:karenh at wccls.org>> wrote:
Assuming that the Board is elected, they can advocate for the library. Have they?

Karen Hill, Cornelius Library Director
Sent from my smartphone.

-------- Original message --------
From: Diedre Conkling <diedre08 at gmail.com<javascript:_e(%7B%7D,'cvml','diedre08 at gmail.com');>>
Date: 9/29/16 8:50 PM (GMT-08:00)
To: libs-or <libs-or at listsmart.osl.state.or.us<javascript:_e(%7B%7D,'cvml','libs-or at listsmart.osl.state.or.us');>>
Subject: Re: [Libs-Or] petition response

The viewpoint from EveryLibrary and OLA:  Important Update:   upon our review this evening, the library website still lacks any information about the upcoming vote, what appears on the ballot, and what the plan is for the community if it passes or fails.  It is not just news articles and pro comments that have been removed.  This was as of 9/29/16 at 4:33 p.m.

I'm suggesting that people might want to read more about Commissioner Boice's position on the formation of a library district.  Here is one piece that popped up in my Facebook news feed:
http://ijpr.org/post/group-tries-save-douglas-county-libraries#stream/0.

On Sep 29, 2016 8:43 PM, "Traci Willey" <tracij1031 at gmail.com<javascript:_e(%7B%7D,'cvml','tracij1031 at gmail.com');>> wrote:
This is the email I received in response to signing the Douglas County petition:

The information that you received regarding the removal of voter information is inaccurate.  There was a link from the library’s webpage to news articles and letters to the editor regarding the proposed library taxing district in Douglas County.  However, only links to “pro” articles and letters to the editor in the paper were included while no links to “con” arguments were included.  This is representative of a partial perspective which is contrary to State Law.  The website was temporarily disrupted while the IT department at the library was asked to either remove the link to the news stories, or modify it to be all inclusive.  There was no suppression of information by the commissioners.  The steps taken were in an effort to create exactly what you are advocating for, a free and fair election by an informed electorate.  Please don’t make false accusations without verifying the facts in the future.

Thank you,

Chris Boice
Douglas County Commissioner
Courthouse Rm 217
1036 S.E. Douglas Av
Roseburg, OR 97470

Michelle L. Endicott, Board Assistant
Commissioner Chris Boice
Douglas County Board of Commissioners
1036 SE Douglas Ave. – Room 217
Roseburg, OR 97470
Direct Phone:  (541) 440-6104<tel:%28541%29%20440-6104>
Office:  (541) 440-4201<tel:%28541%29%20440-4201>
Email:  michelle at co.douglas.or.us<javascript:_e(%7B%7D,'cvml','michelle at co.douglas.or.us');>

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--
Cindy

Cindy Gibbon
Access and Information Services Director
My schedule: Monday through Friday
Multnomah County Library
503.988.5496
multcolib.org<http://multcolib.org>

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