On Wednesday, March 2, 2022, Lawrence County State Senator Phillip Wheeler and Lawrence County Judge Executive Phillip Carter, spoke before the Senate State and Local Government Committee regarding Senate Bill 167. The parameters of the bill, if implemented, would negatively impact the nonpartisan operation of public libraries across the state of Kentucky.

In light of false and inaccurate information we’re starting a series called “Learn Your Library” to bring awareness to the legal and nonpartisan operations of Kentucky public libraries.

Let us first address the misinformation spoken by Lawrence County’s CJE at Wednesday’s meeting.

Click HERE to see Lawrence County State Senator Phillip Wheeler and Lawrence County Judge Executive Phillip Carter explain their reasoning behind the bill. 

Click HERE to see Paul Sawyier Public Library Director, Jean Ruark, and Kenton County Public Library Director, Dave Schroeder explain the operation of nonpartisan library boards, tax rates, etc.

Click HERE to review the entire session provided by KET. Senator Wheeler’s presentation begins around 30:30.

• “I love the library as well as you all do.”
  • Since his appointment in January 2019, Mr. Carter has attended no on-site library programs or functions, including the Grand Opening of the newly renovated facility.
  • Since his appointment in January 2019, Mr. Carter has attended one library board meeting, on February 14, 2019.
  • Mr. Carter’s office has distributed candy the last three years during Story Hour Trick or Treat.
• “My library had $6.5 million in the bank and when we questioned them to try to get them to lower the rate or whatever, they wouldn’t.”
  • Since his appointment in January 2019, Mr. Carter has attended one library board meeting, on February 14, 2019. Also in attendance were Deputy Judge Executive Vince Doty and federally indicted, former County Attorney Michael Hogan.
  • At the February 14, 2019 meeting, only former County Attorney Michael Hogan spoke and asked the library board to a.) “roll back the tax rate to reflect only what would be needed for operating costs” and b.) “divert excess funds to Lawrence County’s school system.”
  • Click HERE to read the February 14, 2019 board minutes.
  • The library board has approved a lower tax rate for the last five years – beginning with FY 2017-2018, prior to Mr. Carter’s appointment.
  • Click HERE to review the library tax rates since fiscal year 2014-2015.
  • Deputy Judge Executive Vince Doty attended one additional meeting on July 11, 2019.
  • Click HERE To read the July 11, 2019 board minutes
  • The 2019-2020 project was funded by revenue accrued by the library district over decades. 2020 state legislation passed statutes requiring fiscal court approval for libraries to set a tax rate higher than the compensating rate. Unlike the 2007-2009 renovation, the 2019-2020 project was not financed. Tax rates did not increase (in fact, they were lowered).
• “They get as much taxes and have more money than I did in the county government.”
  • An Open Records Request seeking Lawrence County Fiscal Court financial documents from January 2019 – Present was filed on March 8, 2022.
  • Information comparing the revenue and operation of the library with the revenue and operations of fiscal court will be published when the documents are received and analyzed.
• “Our library may be different than others. We had a issue when we started questioning the money they went out and tore down a 10 year old building that was really nice and built another one for almost $4 million.”
  • Mr. Carter was appointed as County Judge Executive in January 2019.
  • Discussion of a building renovation began in 2014 when the library completed a five-year Strategic Plan.
  • In November 2017, the library board reviewed an architectural feasibility study. The library was fortunate to have outgrown the design of the previous building. Usage of library services had dramatically increased in the prior decade, specifically the prior five years. The feasibility addressed the issues experienced by the library including but not limited to: limited collection space, lack of adequate public meeting space, technology issues, limited storage space, safety issues, and more.)
  • The 2019-2020 project focused heavily on interior remodeling of the building. The only section of the building to undergo expansion was the children’s area. The renovation also limited “hard wall” space allowing for future growth and expansion.
  • Click HERE to review the 2018 Report to the Community addressing the growth of library usage at that time.
• “It [2019-2020 renovation] was a disaster.”
  • Click HERE to see pictures of our “disastrous” finished building.
  • Click HERE to see pictures of the renovation process.
  • In 2021, our on-site program attendance was over 31,000 people.
  • In 2021, we circulated over 16,000 items.
  • Click HERE to review our 2021 Annual Report and learn more about our usage.
• “I can give you a link to what came out in the paper yesterday where they went out over. They paid excessive money to the oversite chairman.”
  • Paid advertisement by a political candidate is not a journalistic news source.
  • 
• “When they appoint, they send me two names and if I don’t appoint one of them – they even brought suit against me because they issued me six names. I appointed three and that wouldn’t satisfy them.”
  • The library follows Kentucky Revised Statutes 173.730 and 173.490 when appointing library board members.
  • In summary of those statues, the library board nominates and submits two names to the Kentucky Department for Libraries and Archives (KDLA) to fill a board vacancy. The two individuals must be residents of Lawrence County. KDLA approved those names and submits the names to the County Judge Executive, who must choose one of the two submitted names for appointment.
  • In December 2018, former the Judge Executive appointed Cathi Wells to the library board. Mr. Carter and former County Attorney Michael Hogan did not agree with the appointment. Mr. Carter tried to illegally appoint former County Attorney Michael Hogan to the library board instead. The library board retained an attorney to notify Mr. Carter of his violation of Kentucky statute regarding appointments and request he follow statute regarding the previous appointment of Cathi Wells to the library board.
  • Additionally in April 2021 the library board submitted six nominees to fill three board vacancies. In July 2021, Mr. Carter – again – did not abide by KRS 173.730 and KRS173.490. The library issued a letter to the judge requesting the judge abide by Kentucky statute and appoint members from the names submitted to the Kentucky Department for Libraries and Archives.
  • Click HERE to read the letter mailed certified to Mr. Carter.

What does Senate Bill 167 mean?

Here is a summary:

• All impacted libraries (libraries governed under KRS 173.450 to 173.650 and KRS 173.710 to 173.800) would have to reappoint their library board in January 2023 and the nominees would have to 1) be at least 24 years of age 2) have been a resident of the district for at least 5 years.
• KDLA and the CJE shall attempt to ensure that the board includes members from different geographic areas of the county and at least 1 but no more than 2 members from each magisterial or commissioner district.
• The CJE would have the option of appointing one of the 2 nominees for each vacancy from the list KDLA provides or they could appoint their own person and notify KDLA of the name.
• The impacted libraries may lease or build to lease appropriate buildings for use by educational institutions.
• The following would require the unanimous vote of the board members and the approval of the fiscal court: 1. Leasing appropriate buildings for use by educational institutions; 2. Constructing appropriate buildings for use by educational institutions; 3. The approval of expenditures for capital projects with a total cost that is equal to or greater than five hundred thousand dollars ($500,000).
• Buildings for use by educational institutions shall be deemed appropriate buildings for purposes of this subsection and subsection (1) of this section when the building meets the school building requirements established by the Kentucky Board of Education.

Why is Senate Bill 167 harmful to Kentucky public libraries? 

• Public libraries and library boards serve as nonpartisan entities. What does that mean? It means that as public servants, public libraries remain politically impartial and do not forward the interests of a specific political party or candidate. In fact, public libraries are ethically bound to observe political neutrality. Giving County Judge Executives and Fiscal Courts the authority to appoint library boards is a direct violation of nonpartisan political neutrality.

Update: 

Click HERE for the lasted information regarding the April 14, 2022 passing of the bill by the House of Representatives. 
Senate Bill 167 was passed Friday March 11, 2022 with a 20-10 vote. The bill will now move to the House of Representatives.

Below are the significant floor amendments to SB167 before it passed:

• The requirement for unanimous approval of any building project by both the library board and fiscal court was reduced to a majority.
• The requirement for approval of a building project was raised to anything over $1 million.
• The terms of the existing board members will continue after 31 Dec 2022 and then they will be subject to the new rules for re-appointment.
• The next appointment does not have to be a “new” board member.
• The fiscal court, by resolution, may adopt an “alternative” system for appointing board members.