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Indiana Public Access Counselor investigating HEPL board after viral social media post

The investigation comes after a photo was posted on social media showing Hamilton East Public Library Board members meeting with legal counsel at Geist Coffee shop in Fishers.
HEPL MEETING.jpeg
Posted at 9:13 PM, Aug 22, 2023
and last updated 2023-08-22 21:37:14-04

HAMILTON COUNTY — An investigation surrounding a local library is underway after several people asked the state to look into whether a meeting between two library board members was legal.

This comes after the Hamilton East library has come under fire for removing books from the Young Adult section and putting them in the general fiction collection.

RELATED | Petition requests Hamilton East Public Library change policy (wrtv.com)

On Friday, Sarah Arbuckle snapped a photo of Hamilton East Public Library Board members meeting with legal counsel at Geist Coffee Company in Fishers.

In it, are board members Ray Maddalone and outgoing HEPL board president Laura Alerding. The photo gained thousands of views on social media, but Arbuckle says she wasn't expecting the picture to turn into an investigation.

"I'm just a mom with kids and am just trying to do what's best for the community,” Arbuckle said. "Now that I have learned that they are part of the nominating committee for the HEPL board and there is now a nominating committee meeting scheduled this Thursday and they are two of the three people that are part of that, it gives me more concern. "

Thenominating committee helps to oversee some board proceedings. That includes things like calling meetings and making sure board nominations are impartial. According to a public document, both board members Maddalone and Alerding are on that committee. You can find the committee assignments on page 133.

Nominating Committee

"As a parent I want to see my son be able to have access to the books that he should have access to and his right to have access to," Michael McMann, one of three people who submitted a complaint to the public access counselor said.

McMann has been a patron of the library for over a decade. He feels the board should leave books where they are and let librarians do what he says they are trained to do. If the investigation shows that the open door law was violated, he hopes there are consequences for the board members actions.

Open Door Complaint

"Any actions they take in a non-properly open meeting have to be walked back without public knowledge or commentary," McMann said.

According to the Public Access Counselor, Luke Britt, three complaints have been filed as of Tuesday. The complaints office is currently investigating.

“If it was just a discussion you know there's not much by way of consequence or remedies other than a declaration from my office as to what expectations should be going forward,” Britt said. “I wouldn't want to speculate what any kind of legal remedies would be available after that. "

It takes the Public Access Counselor's office 30 to 45 business days to formulate a legal opinion. The next HEPL board meeting is Thursday at 3 p.m. The time was changed with no explanation, something the board doesn’t have to give as long as there is a 48 hour’s notice.

Along with a full board meeting there is also a nominating committee meeting at 2 p.m. ahead of the board meeting. You can see the full HEPL calendar meeting by clicking here.

At the meeting on Thursday, the board is expected to discuss the moving of The Fault in Our Stars. The board sent out a statement saying they moved the book back to the Young Adult section.

As we previously reported the book is still listed online as in the general fiction section.

According to a representative from the Hamilton East Public Library, The Fault in Our Stars hasn’t yet been moved back to the YA section. It is their understanding that this will be discussed in the Hamilton East Public Library Board of Trustees meeting taking place this Thursday, August 24 at 3 p.m. at the Noblesville Library

The representative also said they haven’t received any book challenges this year other then request to move The Fault In Our Stars back to the young adult section.