5.5.1 Appealing the Implementation of Policy

Effective: May 1, 2022
Last Reviewed: N/A

  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).

  3. Decisions that May Be Appealed
  4. 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 3.3.1 – Code of Conduct, specifically the issuance of an order of trespass or a barring of use of the Library for more than one day.

  5. Appeal of an Order of Trespass
  6. The Board of Library Trustees (BOLT) establishes the following process to be used by individuals to whom an order of trespass has been issued, should the individual wish to dispute or appeal their barring from the Library. If the individual chooses not to use this process, the order of trespass shall remain in effect for the full period included in the order of trespass.

    1. The barred individual must file an appeal in writing to the Library director within thirty (30) days of the receipt of the order of trespass. 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 bar. The staff person responsible for the order of trespass will present information related to the rationale for barring the individual from the Library. The sole issue to be determined by the Library director or their designee is whether the Jacksonville Public Library’s bar and the duration of the bar are "clearly erroneous," as defined under Florida law. The Library director or their designee may vacate, modify or uphold the order of trespass. Unless deferred, the Library director or their 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 Board of Library Trustees 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. The Library director or their designee shall have the opportunity to present the position of the Jacksonville Public Library.
    4. Should an individual appealing their trespass fail to attend either hearing, the order of trespass will be considered upheld.
    5. The sole issue to be determined by the Governance Committee is whether the Jacksonville Public Library’s bar and the duration of the bar are "clearly erroneous," as defined under Florida law. The Governance Committee may overturn the bar, reduce the bar or uphold the bar. 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.

  7. Reporting Appeals to the BOLT
  8. The Library director or their 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:

  • 3.3.1 Code of Conduct

Relevant Legislation:

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