A bill approved in the Alabama Senate on Tuesday would allow local library board members to be removed from their positions by the government officials who appointed them without cause.
Senate Bill 26 by Sen. Chris Elliott, R-Josephine, is his third attempt to pass this legislation. On the Senate floor, Elliott said his bill isn’t about librarians or books, but would treat the appointed boards like most appointees in the state.
“They serve at the pleasure of the appointing authority,” Elliott said. Currently, there is no mechanism to remove members before their term expires, he’s said.
The bill says each library board member shall be appointed to a four-year term and shall serve at the pleasure of his or her respective appointing authority and may be removed at any time by a two-thirds vote of the appointing authority.
Democrats questioned Elliott about the bill for more than an hour.
Sen. Rodger Smitherman, D-Birmingham, said he’s heard worries about the bill from constituents.
“Anytime we’re messing with these libraries, I have concerns,” Smitherman said.
The bills have been discussed for the last three years, at the same time that conservative groups have pushed to remove or restrict young library users’ access to books with LGBTQ-related and sexual content. A state library oversight board has voted repeatedly to withhold funding from the Fairhope Library after it said the library violated state policies the board said protect children from inappropriate materials.
“I think it’s fair to say there’s been a lot of drama around libraries lately,” Elliott said.
A committee amendment by Sen. Linda Coleman-Madison, D-Birmingham, removed from the bill an annual reporting requirement from boards about “the review or removal of items in their collection during the previous 12 months.”
Sen. Bobby Singleton, D-Greensboro, said he wished the bill listed the causes for which a board member should be removed. He also argued the removal process should be decided at the local level.
“I think people who are volunteering deserve better than (being dismissed for any reason),” he said.
Elliott said he has heard of situations where library boards approved purchases above their allowed budgets. That could be a reason for dismissal.
He also said if his bill doesn’t pass, the city councils will appoint themselves the library board
“And they’re going to manage it because they don’t want to deal with the library board that’s not going to be accountable to the people,” Elliott said.
The bill was approved on a 26-6 vote with one abstention. It now moves to a House committee.
The House on Tuesday approved House Bill 220. It allows the governor, the speaker of the House, and the president pro tem of the Senate to remove and replace board and commission members that they appoint. It’s sponsored by House Speaker Pro Tem Chris Pringle, R-Mobile.
“Being appointed to a state board or commission is a privilege, not a right, and we need a mechanism to remove appointees when they fail to fulfill their duties, habitually miss meetings, or otherwise ignore their responsibilities,” Speaker Nathaniel Ledbetter, R-Rainsville, said after the bill’s passage. “This legislation brings a much-needed layer of accountability to the appointments and removal process and ensures that the needs of Alabama taxpayers are being met and served at all times.”
That bill now moves to a Senate committee.