5.5.1 — Appealing the Implementation of Policy

Effective: December 12, 2024
Last Reviewed: November 1, 2024

  1. Purpose

    2. The purpose of this policy is to establish a method for the public to appeal decisions made by staff while implementing policy set by the Board of Library Trustees (BOLT).

  2. Decisions that May Be Appealed

    3. The BOLT authorizes the Governance Committee to address all appeals as outlined in this policy. The only staff decisions that may be appealed by individuals are those that are based on the interpretation of policy as set by the BOLT. This policy shall apply to:

    1. Policy 1.5.1 – Health and Safety Restriction of Library Use, specifically the issuance of a suspension/restriction notification (see Section C, below).
    2. Policy 2.2.1 – Management of the Library Collection, specifically to appeal the Library Director’s decision to include and/or relocate to another section within the library a particular title or item within the Library’s collection (see Section E, below).
    3. Policy 3.2.1 – Internet Use, specifically to appeal the Library Director’s decision to include or exclude a particular website from Library-provided computers or networks (see Section F, below).
    4. Policy 3.3.1 – Code of Conduct, specifically to appeal the Library Director’s decision to uphold the issuance of an order of trespass suspending a customer’s use of the Library for more than one day (see Section C, below).
    5. Policy 3.4.1 -- Public Programming, specifically to appeal the Library Director’s decision to include a particular program as a public presentation (see Section D, below).
    6. Policy 4.4.1 – Exhibits, specifically to appeal the Library Director’s decision to include a particular exhibit as a public presentation (see Section G, below).

  3. Appeal of the Library Director’s Decision to uphold an Order of Trespass or Issuance of Suspension

    4. The BOLT establishes the following process to be used by individuals to whom an order of trespass or the notification of suspension of Library services has been issued, should the individual wish to dispute or appeal the Library’s decision. If the individual chooses not to use this process, the order of trespass or suspension of service shall remain in effect for the full period included in the order of trespass or notification of suspension.

    1. The trespassed/suspended individual must file an appeal in writing to the Library director within thirty (30) days of the receipt of the order of trespass/notification of suspension. The Library director or their designee will schedule an appeal hearing with the individual within fourteen (14) days of receipt of the request to appeal. At the appeal hearing, the individual will have the opportunity to present any information or otherwise explain factors the individual deems relevant to overturn or reduce the duration of the trespass/suspension of service. The staff person responsible for the order of trespass/suspension notification will present information related to the rationale for the Library’s action. The sole issue to be determined by the Library director or their designee is whether the Jacksonville Public Library’s trespass and the duration of the trespass are "clearly erroneous," as defined under Florida law. The Library director or designee may vacate, modify or uphold the order of trespass/notification of suspension. Unless deferred, the Library director or designee will render a decision about the appeal within seven (7) business days of the hearing and shall notify the individual and appropriate staff members in writing.
    2. Should the individual be unsatisfied with the result of the STEP 1 appeal, they may file a STEP 2 appeal in writing with the clerk of the BOLT within fourteen (14) days of receipt of the STEP 1 decision. The clerk of the BOLT will schedule the appeal hearing with the Governance Committee of the BOLT at its next scheduled meeting unless that meeting is to be held within seven (7) days of filing the STEP 2 appeal, in which case it will be placed on the agenda of the next scheduled Governance Committee meeting.
    3. At the STEP 2 appeal hearing, the individual will have the opportunity to present any information or otherwise explain factors the individual deems relevant to overturn or reduce the duration of the bar/suspension. The Library director or designee shall have the opportunity to present the position of the Jacksonville Public Library.
    4. Should an individual appealing an order of trespass/notification of suspension fail to attend either hearing, the original action of the Library will be considered upheld.
    5. The sole issue to be determined by the Governance Committee is whether the Jacksonville Public Library’s trespass/suspension and the duration of the trespass/suspension are "clearly erroneous," as defined under Florida law. The Governance Committee may overturn the bar/suspension, reduce the duration of the trespass/suspension or uphold the trespass/suspension. Unless deferred, at the appeal hearing the Governance Committee shall notify the individual of their final decision and shall provide said decision in writing within sixty (60) days of the decision. The decision shall be deemed the final action of the City.

  4. Appeal of the Library Director’s Decision about Policy 3.4.1—Library Programs for the Public
    1. In the event that the customer holding a General Membership in the Library, as described in Policy 3.1.1—Customer Accounts and Privileges, is not satisfied with the decision and rationale of the Library Director, the cardholder must present a written appeal of the Library Director’s decision to the Clerk of the BOLT, who will then forward it to the Governance Committee to address.
    2. The sole issue to be determined by the Governance Committee is whether the Jacksonville Public Library’s decision to offer and present the program was "clearly erroneous," as defined under Florida law. The Governance Committee may overturn the decision, prescribe changes to bring the decision into compliance with Library policy or uphold the decision. Unless deferred to a later date, the Governance Committee shall notify the individual of their final decision at the appeal hearing and shall provide said decision in writing within sixty (60) days of the meeting. The decision shall be deemed the final action of the Library and the City.

  5. Appeal of the Library Director’s Decision about Policy 2.2.1—Management of the Library Collection.
    1. In the event that a customer holding a General Membership in the Library, as described in Policy 3.1.1. – Customer Accounts and Privileges, is not satisfied with the decision and rationale of the Library Director, the cardholder must present a written appeal of the Library Director’s decision to the Clerk of the BOLT, who will then forward it to the Governance Committee to address.
    2. The sole issue to be determined by the Governance Committee is whether the Library’s decision to include and/or place the title in the collection was "clearly erroneous," as defined under Florida law. The Governance Committee may overturn the decision, prescribe changes to bring the decision into compliance with Library policy or uphold the decision. Unless deferred to a later date, the Governance Committee shall notify the individual of their final decision at the appeal hearing and shall provide said decision in writing within sixty (60) days of the meeting. The decision shall be deemed the final action of the Library and the City.
  6. Appeal of the Library Director’s Decision about Policy 3.2.1—Internet Use.
    1. In the event that the customer holding a General Membership in the Library, as described in Policy 3.1.1 – Customer Accounts and Privileges, is not satisfied with the Library Director’s decision regarding the cardholder’s request to reconsider, the cardholder must present a written appeal of the Library Director’s decision to the Clerk of the BOLT, who will the forward it to the Governance Committee to address.
    2. The sole issue to be determined by the Governance Committee is whether the Library’s decision to filter or not filter was “clearly erroneous,” as defined under Florida law. The Governance Committee may overturn the decision, prescribe changes to bring the decision into compliance with Library policy or uphold the decision. Unless deferred to a later date, the Governance Committee shall notify the individual of their decision at the appeal hearing and shall provide said decision in writing within sixty (60) days of the decision. The decision shall be deemed the final action of the Library and the City.
  7. Appeal of the Library Director’s Decision about Policy 4.4.1--Exhibits
    1. In the event that the customer holding a General Membership in the Library, as described in Policy 3.1.1 – Customer Accounts and Privileges, is not satisfied with the decision and rationale of the Library Director, the cardholder must present a written appeal of the Library Director’s decision to the Clerk of the BOLT, who will then forward it to the Governance Committee to address.
    2. The sole issue to be determined by the Governance Committee is whether the Library’s decision to offer the exhibit was "clearly erroneous," as defined under Florida law. The Governance Committee may overturn the decision, prescribe changes to bring the decision into compliance with Library policy or uphold the decision. Unless deferred to a later date, the Governance Committee shall notify the individual of their final decision at the appeal hearing and shall provide said decision in writing within sixty (60) days of the meeting. The decision shall be deemed the final action of the Library and the City.
  8. Reporting Appeals to the BOLT

    9. The Library director or designee will provide a regular report to the Governance Committee outlining the results of this policy.

  9. Authorization to Define Procedures

    10. The Board of Library Trustees authorizes the Library Director to establish procedures to administer this policy, and to delegate any and all responsibilities herein to other staff through such procedures.

Associated Policies:

Relevant Legislation: