There is hereby established a new Community Parent-Guardian Review Board for Procurement of Children's Library Materials (hereinafter referred to in this chapter as the "Board") which shall be a decision-making body pursuant to Huntington Beach Charter Section 405.
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For the purpose of this chapter, the following definitions apply:
means persons under the age of 18 years old.
means any book, literary work, or other material, whether
in hard copy or electronic, intended for anyone under the age of 18
or intended to be placed in the children's section(s) within
any of the City Libraries or intended for children's access.
means the Board's determinations regarding whether books
are acceptable for children's access, including books that may
contain sexual content or sexual references.
is any content of a sexual nature, whether in the form of
written text, or in the form of graphic depictions such as photos,
drawings, cartoons, images, etc., for example, textual or graphic
content including sex, sexual organs, sex acts, relationships of sexual
nature, or sexual relations in any form.
is any reference of a sexual nature, whether in the form
of written text, or in the form of graphic depictions such as photos,
drawings, cartoons, images, etc., for example, textual or graphic
references to sex, sexual organs, sex acts, relationships of sexual
nature, or sexual relations in any form.
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The Board shall serve as a decision-making authority to the
City to ensure that books that children have access to in City Libraries
meet the City's community standards for material acceptable for
children's access, including books that may contain sexual content
or sexual references, before such children's books are purchased
by the City prior to placement in circulation or made accessible to
children without parental consent.
Additionally, the Board may nominate children's books currently
in circulation for review by the Board for determination of whether
those children's books meet the community standards for material
acceptable for children's access, or whether those books require
parental consent and are to be placed in the adult section of the
City's Library.
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A.
The Board shall consist of up to 21 members. Each City Councilmember
shall appoint up to three members of the Board to serve the same term
as the City Councilmember until their successors are elected and qualified.
B.
The service limitation contained in Section 2.100.060, which does not allow a person to serve on more than one Board or Commission at any one time shall not be applied to this Board due to its large membership, possible difficulty recruiting members, and limited scope of duties. Subject to California Government Code Section 1099, no member may simultaneously hold two incompatible public offices.
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Except as otherwise provided in this chapter, the Board shall conform to the operating policies for Boards and Commissions as set forth in Chapter 2.100 of this Code.
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The Board shall elect from its appointed members a chairperson
and vice chairperson at the first regular meeting of the calendar
year and such officers shall serve for one year and until their successors
are elected and qualified. The chairperson and vice chairperson may
make and second motions and shall have a voice and vote in all proceedings
of the Board. No chairperson or vice chairperson may serve consecutive
years in the same role.
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The Director of Community and Library Services, or his or her
designee, shall serve in a non-voting capacity as Secretary to the
Board and shall prepare and retain permanent minutes of the Board
meetings approved by the Board per the City's Record Retention
Policy.
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The Board shall meet at least twice each calendar year, and
more if deemed necessary by the Director of Community and Library
Services. As a "Brown Act" Board, the meetings shall be conducted
consistent with the provisions of the Brown Act. Roberts' Rules
of Order (current edition) shall govern the procedure of the meetings
of the Board unless inconsistent with other provisions of this chapter.
As requires, the City Attorney and or his or her designee shall give
legal advice to the Board regarding compliance with laws.
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A.
At any meeting of the Board, a simple majority of the current existing
membership shall constitute a quorum for the transaction of business.
B.
In the event there is no quorum at a meeting, the chair shall adjourn
said meeting or shall adjourn to a date certain.
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All budget and expenses by the Board shall be managed in a predetermined
account(s) by the City, subject to City purchasing and contracting
policies and procedures. The Board and their staff liaison may determine
and request an annual budget for the purchase of children's books
to review. After review, all efforts will be made to sell or donate
non-approved children's books to libraries outside the City of
Huntington Beach.
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A.
Review all children's books proposed for procurement by the
City to determine by majority vote, in the Board's sole discretion,
if such children's books meet the community standards of acceptance
for the City of Huntington Beach to be placed in City Libraries. Make
recommendations for children's books that meet the community
standards of acceptance to be purchased by the City, and/or to be
accessible to children without parental consent. The Board shall be
provided a budget and ability to procure advance copies of children's
books or children's books reviews as required for Board review.
Any children's book may be nominated to be reviewed again after
one year has passed from a previous decision by the Board.
B.
The Director of Community and Library Services or his or her designee
will submit a list of children's books intended for purchase
at least 45 days before the date of any Board meeting. Any Board member
may nominate any number of children's books from the list for
review. If a children's book is nominated for review, it shall
not be purchased by the City for Library circulation unless first
approved by the Board. Once nominated, a children's book must
be reviewed within one year of nomination. If a children's book
is not nominated for review within 90 days from the submittal of the
intended purchase list or reviewed by the Board within one year of
nomination, it will be considered approved for purchase by the Board.
C.
The Board may also recommend that children's books currently
in circulation at City Libraries be subject to the same Board review
process on a case-by case basis. Any Board member may submit a recommendation
form that a children's book currently in circulation be reviewed
by the Board. Should the Board find that a children's book currently
in circulation does not meet community standards for children's
access without parental notification, it shall be placed in the adult
section and subject to parental and/or guardian consent before either
children obtain access or the book is checked out by anyone under
the age of 18.
D.
All Board members present must review the children's book(s)
before it may be subject to a Board vote.
E.
The Board must vote whether a children's book meets the community
standards before the Board may vote on procurement/placement.
F.
If a proposed children's book proposed by the Director for procurement
and not yet placed in circulation is reviewed and then rejected by
the Board, the Board must place findings in the record and complete
the Library Materials Review Form, which shall be placed in the minutes
by the Secretary in detail as to the reasons the Board determined
the proposed children's book did not meet the community standards
or is unfit for placement in the Library.
G.
All decisions by the Board are final and non-appealable.
H.
A list of all children's books voted on by the Board, including
the nomination and voting date, shall be displayed on the City's
website on the Board's webpage.
(4318-4/2/2024)
