AUGUSTA — York lawyer and library patron Sarah Redfield filed a petition last week with the Maine Library Commission on behalf of an ad hoc group of public library supporters, urging the commission to consider alternate rules to those it is now reviewing.
Last November, the Maine Library Commission unveiled a proposed agreement for Maine’s public libraries that included new standards that could have forced the smallest libraries to hire directors and expand their hours to continue accessing interlibrary loan services — including e‑books — and internet service.
The original deadline for libraries to sign the agreement was Jan. 1, but small, mostly rural libraries pushed back against the draft requirements and asked the commission to reconsider. The commission tabled the draft in January and later learned from the Office of the Maine Attorney General that any new standards must go through state rulemaking, a process the commission has never undertaken.
That process is expected to take up to a year.
The rulemaking effort took its first step in March when Maine State Library staff, at the commission’s request, brought revised draft rules that eliminated the requirement for paid directors and several other eligibility standards libraries had opposed.
The new proposal added requirements for annual training for library directors and trustees; for libraries to have two representatives — either employees or volunteers — present whenever they are open to ensure staff and public safety; and for libraries to process more than 100 interlibrary loan materials each year to remain eligible for van delivery service.
The commission reviewed the proposed rule in April and again in May, and during its June meeting Assistant Attorney General Sarah Forster outlined several possible rulemaking options, beyond what the commission is developing, including a single citizen petition submitted to the commission.
Last week, Redfield, who has been working with an ad hoc group of small library directors and supporters across the state for months, filed a 36‑page alternative draft proposal for the Maine Library Commission to consider.
Under Maine’s Administrative Procedure Act, which allows any person to petition an agency to adopt or modify a rule, the commission has 60 days to deny the request in writing or accept it and begin rulemaking proceedings.
A version of the citizen proposal was submitted to the commission earlier this year as a friendly consideration, but the commission rejected it, saying it would interfere with the rulemaking process, which is not yet open for comments.
In last week’s submission, Redfield made clear the petition was offered as a formal proposal allowed under state law.
In her filing, Redfield said she was prepared to resubmit the petition with 150 signatures, which would force the proposal into rulemaking even if the commission did not support it.
According to the ad hoc petitioners, the alternate rule follows much of the Maine Library Commission’s approach to criteria and standards, but calls out what it describes as the commission’s “stick” approach — threatening libraries into submission by tying eligibility requirements to access to Maine State Library services.
The petitioners say their approach calls for support and cooperation — a “carrot” — with recognition of the diversity of Maine’s libraries and insistence that “there be no discrimination or inequitable treatment based on rurality or socioeconomic status.”
The alternative proposal also calls for recognizing current libraries as “qualified” under the rule, essentially grandfathering their existing membership unless a library requests removal or removal is made for cause.
Most of the ad hoc group’s alternative proposal matches the Maine Library Commission’s draft rule, including mandatory professional development requirements, with the largest exception being grandfathered status for all libraries that are now members of the Maine State Library System.
In its proposal, the ad hoc group lists 257 libraries by name that would fall under grandfathered protection.
Another major exception would allow library directors to use their discretion to address their own safety needs, eliminating the commission’s draft requirement that two staff members work during open hours for staff and public safety.
Other provisions include defining that state‑supported services be available to all Maine residents, including the Digital Maine Library, which provides free access to magazines, newspapers and reference materials, and the CloudLibrary, which provides free access to e‑books.
Digital Maine is already free to all, as is the CloudLibrary, which is a service provided by Maine InfoNet.
The commission’s draft rule requires public libraries to have annual municipal funding to qualify for services, but the ad hoc group is suggesting a broader definition of community support, including donations or in‑kind contributions, to ensure nonprofit libraries remain members, even though most nonprofits do receive some level of municipal support, including free library space in some towns.
The ad hoc group is also suggesting that libraries be required to open a minimum of 10 hours a week rather than the commission’s preferred 12‑hour requirement, making it easier for smaller libraries that often rely on volunteers.
The ad hoc group also adds an opportunity for additional libraries, which are not current members, to become Maine Regional Library System members by demonstrating that they have local support, have been in operation for at least a year while providing free access to residents in their service area, and that the Maine State Library consultant for their geographic area agrees they have the likely capacity to maintain eligibility standards going forward.
The Maine Library Commission is scheduled to meet Wednesday and plans to continue its discussion of issues that remain a concern for small libraries, including the two‑member staff safety requirement, a rule banning trustees from serving as library directors, the requirement for municipal funding and the 12‑hour‑per‑week requirement to be open in order to qualify for services.
The commission is also expected to discuss a requirement for all libraries to have strategic plans, a step many have not yet taken.
According to the meeting agenda, the commission will also discuss a timeline for the remaining rulemaking process before submitting a proposal to the Secretary of State for a public comment period. The commission is required to respond to each public comment before adopting language in the final rule.
Redfield’s petition was filed Aug. 11, which means the commission is required to respond to her by Oct. 12. There is no discussion of the petition noted on Wednesday’s meeting agenda.
For more information about the commission’s rulemaking process, including draft documents, or to access Wednesday’s meeting and agenda, visit the Maine Library Commission.
Editor’s note: This story has been corrected and updated to reflect that Digital Maine is already free to all, as is the CloudLibrary, which is a service provided by Maine InfoNet.
