This report responds to a new section of the State of California Education Code requiring the governing boards of public libraries that receive State funds to adopt a policy regarding access to motion picture videotapes by minors. Currently, the library does not have a policy regarding access to library materials. There are relevant policy statements adopted by Council in the Library Sub-Element of the General Plan and in the Library Internet Access Policy. Rather than focusing exclusively on only one portion of the collection, this report proposes a comprehensive collection access policy based on principles of intellectual freedom and the responsibility of parents to guide and monitor the use of library materials by their children and adolescents.

This new section of the Education Code was voted into law earlier this year. The text of the law is:

Sec. 18032. Public libraries: videos.

1. Every public library that receives state funds pursuant to this chapter and that provides public access to motion picture videotapes shall, by a majority vote of the governing board, adopt a policy regarding access by minors to motion picture videotapes by January 1, 2000.
2. Every public library that is required to adopt a policy pursuant to subdivision (a) shall make that policy available to members of the public at every library branch.

This code is relevant to Sunnyvale Library Services for two reasons. First, the library collection includes feature and non-feature videocassettes. Second, the Sunnyvale Library receives State funds as administered by the California State Library. In FY 1999-00, it is anticipated that the library will receive $419,380.00 in State funds through grants, public library foundation funds, and reimbursements. In addition, State funds are made available for Sunnyvale Library programs though participation in the local library network, the Silicon Valley Library System.

There are two existing library policies related to access to library materials. In 1990, Council adopted the current Library Sub-Element of the General Plan. In this document, the introduction to Goals, Policies and Action Statements indicates that the City of Sunnyvale supports the Library Bill of Rights. (Attachment A). The Library Bill of Rights defines libraries as forums for information and ideas and indicates that a person’s right to use a library should not be denied or abridged because of origin, age, background or views. In 1996, Council approved a policy regarding Internet use at the library and a parental approval form for Internet access for children 8 – 12 year of age. (Attachment B). This policy recognized the uniqueness of the Internet and defined the responsibility and right of parents to determine and monitor their children’s use of library materials and resources, including the Internet.

The library provides a collection of books, audio tapes, feature and non-feature videocassettes, music compact discs, pamphlets, periodicals and newspapers. Materials are acquired for the library through methods of evaluation and selection for factuality and quality and also identifying items that will fulfill community demand for popular materials. Critical reviews are an important factor in the selection of many library materials.

This new legislation provides an opportunity to establish a comprehensive policy for access to library materials. While no formal policy is in place, existing practice allows full access to all library materials by all library users. The purpose of unrestricted access to library materials is to be a community forum for information and ideas and also to provide access to a variety of materials that will appeal to users with a wide range of experience and values. Each library user has the right of freedom from the censorship of others. Existing library practice also recognizes that parents or guardians have the responsibility to establish guidelines and monitor the use of library materials by their children.

This new legislation highlights two age-related issues regarding access to the library collection. The first issue is the use of the Internet by children. The Internet has significantly increased the ability of library users to access information. The Internet, however, is the only unregulated medium in the library. Resources on the Internet have not always been edited or reviewed. Material on the Internet may be factually incorrect, biased or disturbing. Due to the unregulated aspects of the Internet, in 1996 Council adopted a parental approval form for Internet use by children ages 8 through 12 while confirming parental responsibility to determine their children’s use of library materials.

The other issue is the age-based ratings that can restrict commercial access to some films. The library collection includes films that have been rated PG-13 and R (restricted under age 17) by the Motion Picture Association and the National Association of Theater Owners. Ratings are provided on videocassette boxes by the videocassette distributors. These ratings are available to assist adults in making selections for viewing and also for use by parents or guardians in guiding their children or teenagers in the use of library materials.

Library staff will be updating the Sunnyvale Library Collection Development Policy and the Library Sub-Element of the General Plan during the next eighteen months. Both of these documents will utilize public input and be reviewed in public meetings. These documents will include the issue of access to library materials. At this time, in response to the new legislation, library staff seeks approval of a library policy regarding access to library materials (Attachment C) stated in these words:

Potential termination of State funding if a policy is not adopted.

The Board of Library Trustees discussed this Legislation on October 4, 1999. The Board recommended against any censorship and for continuation of full open access to videocassettes. (Attachment D). On December 6, 1999 after review of this report, the Board voted unanimously to recommend to City Council Alternative #1 which adopts the Policy for Access to Library Materials.

Staff recommends Alternative 1.

Prepared by:

Victoria L Johnson
Director of Libraries

Robert S. LaSala
City Manager