Use of the Public Library --DENIED--
(An original investigative report from OCC)

What's up with the Riverside City library?  Missing trustees, expired terms, lack of publicly available minutes and arbitrarily restrictive usage rules ...

6-26-06 -- OrangeCrest /  The Riverside City Library is selectively imposing room use fees, in apparent violation of the Riverside Municipal Code.  Further, as stated by a representative of the library, the apparent purpose of the discriminatory fees is to discourage public political participation.

The Riverside Muncipal Code seems to specify in Section 3.30.030 that there shall be no fees for Library Room Rental.  That is, under section XV/5101, the percentage recovery for the services is "N/A".  (The meaning of "N/A" is not given, but in context, other services are assigned a percentage to be recovered, such as "50%", "100%", etc.)

Yet with the exception of certain groups apparently selected by Library Director Barbara Custen, groups are charged a $100 fee to use the room.  In addition, groups are not allowed to "fundraise" at their meeting, effectively preventing those who use the room from soliciting contributions for use of the room.  There is an exception, however -- if the room is used for "commercial" purposes, then the group can raise money to compensate for the cost of the room.  Taken together, these policies seem specifically designed to prevent use of the library for political organizing.

Public libraries in California are designated by the California legislature to be places freely used by the public. "Free" county libraries are legally required to be precisely that -- free to the public to use.  That free use includes the use of meeting rooms and other facilities of the library.  We have found this policy is apparently followed in libraries throughout Riverside County.  For instance, groups have been able to use the meeting rooms in the Sun City, Perris and Palm Desert libraries free of charge for various sorts of events.

This policy is not followed in Riverside, where the library staff and commission apparently pursues a policy of discrimination against targeted groups.  We note that the Riverside City library is not a "County free library" under the legislative guidelines, but other California law may apply.

When this reporter contacted the Riverside City library concerning use of a meeting room for a group of  kids, ranging from 12 to 20 or so, for a non-political "fun" activity, I was told that with certain exceptions, there is a $100 fee for use of the library.  I was further told that without the fee, "Groups such as the Green Party" would want to use the library facilities.

This is indeed the case. Local Green Party members have repeatedly asked to use the facility for meetings; and they use library facilities throughout the county -- except in Riverside, where the fees are prohibitive.  

The library's representative could not explain why a significant fee should be imposed on tax paying citizens of Riverside to prevent their engaging in civic involvement through local politics.

The library was also unable to produce the operative documents by which the library is run.  We were directed to the Riverside City Charter -- but library staff was only able to produce an out-of-date copy of the City Charter.  The library staff was unable to explain why the Riverside City Library did not maintain current documents relating to the Riverside's City government (and to the library itself) for use of its patrons.

We were then provided library bylaws that referenced City Charter provisions that did not match up with the copy of the City Charter produced by library staff.  We were told, however, that the bylaws were "undergoing revision," although a proposed draft of the new bylaws could not be provided.  We were also provided the library's "rules and regulations" -- but no minutes showing that the rules and regulations had been properly adopted by the Board.  The document itself showed only that it had been drafted and approved by the library's director.

The actual current City Charter, showing a 2005 effective date, is posted on the Riverside city website.  Section 808, enacted in 1995, enables the "Board of Library Trustees" to "... make and enforce such bylaws, rules and regulations as may be necessary..." for the library's operations.

The Library Trustees' website shows two trustees whose terms apparently expired in March, 2006.  In addition, the website specifies that there are "seven" trustees appointed by the city council.  However, Chapter 2.10 of the Riverside Municipal Code specifies that there shall be nine members of the library board of trustee, so the board is, according to its own website, short two members and having two members with expired terms.

Neither the City Charter nor the Municipal Code specifies the state legislation under which the library is organized and operates.  According to the online search engine, these are the provisions that reference the library:

Municipal Code Charter: