Saturday, August 8, 2015

Library Disclosure

     This is the second of two protected disclosures that I had submitted on May 21, 2015.  Here I am accusing the library dean, the Modesto Junior College (MJC) President, and the Yosemite Community College District Chancellor or violating California ed code when they threw 52,00 (70%) of our total printed library books in the trash without following legal procedure.

     I do regard mass destruction of our library books as a free speech issue; there is no better way to suppress a person's ideas than by (figuratively) burning their books.

     You can read the full text either by clicking here for a PDF or by viewing the full post below:




  To Don Viss, Chair of the YCCD Board of Trustees, and to my Colleagues:
            Last year, Nine Million in Taxpayer Dollars was spent to renovate our main library.  This was done on the promise to make space for our collection of 75,000 books.  During this renovation, however, MJC librarians destroyed 70% of our 75,000-volume collectionNo book sales, no donationsThey simply tossed 52,500 of our books into the trash to make the library a more inviting gathering place for students!   
The enormity of this crime boggles the mind.   Neither Trustees, faculty nor students were informed of or consulted with prior to this vile act.   In fact, most faculty and students are not even aware that it happened.  When we (the unsuspecting public) visited our renovated library, it didn't even look like a library.  The impressive rows of tall bookcases from earlier years were nowhere to be seen.  When I asked the librarians, "Where have all the books gone," nobody could say.  I thought maybe they had donated the books to Africa.  But, now we know better.   We have eyewitnesses:  Crews of students defaced our books, 52,000 of them, and then tossed them into the trash.
So, how did we learn what happened to our books?  When YAL newspaper (edited by Robert Van Tuinen) was searching for a story, I laughingly suggested that we do an article on our library book-burning.  One of the students said, “I didn’t hear that they burned any books.  They just tossed them into the trash bins.”  He was there.  He was part of the crew of students hired to deface our books, using markers to obliterate library markings before discarding them.  Click here to see pictures and his story from the Pirates Journal: http://issuu.com/robertvantuinen/docs/pirates_journal_volume_2_issue_1/1
Be advised that this email is a protected disclosure.  I am filing this communication under YCCD Policy 7700, Whistleblower Protection.   Retaliation against a Whistle Blower is punishable by up to a year in the county jail and a $10,000 fine. I also am asking for an independent investigation by the CCCCO into the crimes that I believe to have been committed in this desecration of our library.  Additionally, I am formally requesting that the Academic Senate look into this destruction of 70% of our print collection.  Page 50 of the Faculty Handbook states: the Library is generally the intellectual center of academic instruction.”   Protecting the intellectual center of our College surely is an important faculty duty.

Let me clarify what I am charging and what is involved in YCCD Policy 7700, Whistleblower Protection.  The purpose of Policy 7700 is to provide that individuals are “encouraged” to report suspected unlawful activities by District employees without fear of retaliation – activities that violated state or federal law or District Policy.   7700 is in conformity with California Education Code Sections 87160-87164.  This article shall be known as the Reporting by Community College Employees of Improper Governmental Activities Act.  This Code facilitates “protected disclosure” of an activity that violates a state or federal law or regulation, including, but not limited to, … theft or misuse of government property, or an activity that is economically wasteful.

 In the following, I review evidence about the numbers of books destroyed, and argue that this was neither normal nor justified “weeding.” While much of this email is highly critical of Jillian Daly, Dean of the Library, I cannot believe that she acted alone in this mass book-destruction.   MJC President Jill Stearns, and YCCD Chancellor Joan Smith are her superiors, and it is not plausible that she acted independently of their direction and orders.

My central claim is that Stearns and Smith did unlawfully usurp the authority of the Governing Board (the Board of Trustees) when they ordered this massive destruction of District Property without the consent of the Trustees, who were not even consulted on the matter.  This clearly (as I establish in Exhibit A at the end of this email) violates YCCD Policy 6550 on the Disposal of Surplus Property, and it clearly violates California Ed Code 81450 – 81453.  I believe that this secret destruction of a resource so dear to our community at large not only violated the above stated Ed Code (which is California law), but that it also violated the stated policies of the Library, as well as violating Ed Code 70902 regarding shared governance, meant in part to ensure that faculty and students have a voice in the governance of the College.

 Given that thousands of books were unlawfully taken and thrown into the trash, it seems to me that those responsible are guilty of theft.  Tossing the goods that one has unlawfully taken does not clear one of theft.  Perhaps investigations also should be made into whether or not librarians, deans, or other administrators took some of the “culled” books for their own personal use or to sell for personal profit.  It also should be determined whether or not it is legal for a library to discard thousands of books without keeping a record of its discarded inventoryWe also should be told how many of the tall bookshelves were in the old library, how much shelf space they had, and what was the manner of their disposal.  Such bookshelves do have monetary value. 

Finally, even if the Trustees had voted to discard thousands of our books, it would have been economically wasteful not to sell them.  A librarian at CSUS said that sometimes books are tossed because it is determined that it would cost more to have a sale than it would be worth.  When I told the librarian that the Friends of the Library could be called on to sell the books, and that sometimes they make a couple thousand dollars in such a sale, she said “Oh, sometimes they make much more than that.”   Besides, Ed Code reserves it to the Governing Board to decide by unanimous vote of all members present, that the value of the property is insufficient to defray the costs of a sale.

            YCCD 7700 states that “when the alleged unlawful activity involves the Chancellor, the report should be made to the Chair of the Board of Trustees, who at this time is Mr. Don Viss.  When he receives this report that I am sending to all at MJC, Mr. Don Viss is responsible for ensuring that a prompt and complete investigation is made by an individual with the competence and objectivity to conduct the investigation, with the assistance of an outside investigator and counsel if deemed necessary. 

So that we can have confidence in the objectivity and impartiality of his investigation, I believe that Mr. Viss should make available to us all the detailed results of his report, including any communications between the YCCD Chancellor and any Trustees regarding this book destruction.  Complete transparency is the only remedy to restore confidence and lost trust.  I am following that advice myself in this email to everyone at MJC.  YCCD Administrative Policy 7700 Whistleblower Protection (line 18-19) says: “employees are strongly encouraged not to report anonymously.”  Following that Policy, my public disclosure is as far from being anonymous as one can get.  

It has been asked, “What is the point in bringing this up so long after it is done?  It won’t bring the books back.”   Well, our protest is so late because these criminals have been so successful in hiding their crime!   Should criminals be rewarded for successful cover-ups?  (Violating California Law is a crime.  Ca Ed Code is Californian law.)
Second, even if nothing will bring back your murdered child, you want justice.  We want the offenders punished for their crimes, we want them to restore what they have unlawfully destroyed, and we want assurance it will not happen again.
When I told my friend, Ben Starr (former Philosophy Instructor here) what had been done to our library, his immediate response was “That is criminal, Bill!”  Was my friend misusing the word “crime”?  With this question in mind, I consulted my Webster’s Third New International Dictionary, Unabridged.  Under listing six, we find that one meaning of “crime” is “reprehensible” or “disgraceful” as in “it is a crime to waste good food.”  Yes, the word fits.   When I checked the etymology of “crime,” I saw that it is “akin to OGH scrian, to cry out – more at SCREAM.”   That fits even better.   What they did to our library makes us cry out – it makes us want to SCREAM.  But, even better, down a few inches we find the legal term, “Crimen Extraordinarium”: a crime in Roman law that was considered extraordinary in that punishment was not fixed by earlier written law but was left to the discretion of the judge.”  
When I tell people outside MJC what was done to our library, their reaction invariably is the same:   shock, anger, stunned disbelief, bewilderment, outrage.  They cannot believe that librarians would do such a thing.  If vandals had sneaked into our library in the middle of night and destroyed 52,500 of our library books, we would be outraged.  We would demand an accounting and restitutionWe should feel even more outrage that this crime was committed by librarians who were supposed to love and protect the books left in their sacred trust.
            When I wrote about our book destruction to Ben Starr, a retired philosophy professor who had taught here more than 30 years, his immediate reaction was, "That's criminal, Bill.  That library was one of the best of all the community colleges in California."  Indeed it was a wonderful collection, full of books waiting to be discovered or rediscovered.  My friend went on to add, “when I go into a library, I like to browse. Some of my best discoveries were made when I was researching a topic and saw a book that looked interesting; picked it up and found a whole new world of ideas.  Can't do that on a computer!" 
So, how much damage did those librarians wreak on our library?  The answer is that it has been gutted.  A once wonderful collection has been reduced to something pitiful, pathetic, and shamefulIt barely meets high school standards.  For example, there are only about 200 books in the philosophy section!   Ben was incredulous.  He and I both have more philosophy books than that in our private collections.  For an example of what now is missing, MJC doesn’t have Hume's Treatise, not even in e-book.  They don't have the complete works of Plato, Aristotle, or Aquinas.   They don't have Wittgenstein's Tractatus, Blue and Brown Books, or his Philosophical Investigations, not even in e-books.  (It is possible that Sue Adler ordered the PI upon my complaint.)   They don't have the Haldane and Ross collection of Descartes' works, no Hobbes' Leviathon, no Bentham's Theory of Fictions.   They don't have George Berkeley's works, nor do they have Martin Gardiner's Fads and Fallacies in the Name of Science.  They have Russel's History of Western Philosophy and his Marriage and Morals only in e-book form, and only an article on his Why I am not a Christian.  When I asked Ben whether our library had those books when he was still teaching here, he said he knew they did because he had recommended those books.   Now, those classics are in the trash.  It is an embarrassment to have such a shabby collection.   
            Ben Starr wrote that during his years here, faculty was closely consulted on which books to keep, discard, or add: “When the librarian felt the need to do some culling to make room for some new books; later editions, etc., each faculty member was asked to visit the library and note which books could reasonably be culled (for example because a better edition was available), which should be saved, and which we were not sure about.  Any book that any faculty member wanted saved was saved!  Those we were not sure about were saved.  The only ones discarded were those that all faculty members of a particular area agreed should be given away or sold.  I don't believe any were put in the trash or "recycled."  I don't know the number of stacks, but I do know they pretty much filled the library.  Same with the number of philosophy books, though I do know that when I started teaching at MJC, the librarian came to my office, introduced himself, and asked me to please come to the Library -- he wanted me to go through the philosophy collection and give him a list of any additional books he should order.  He told me that since I had just received my degree, I would be the best person to advise him on which books to order to update the collection.  There was a real librarian! ”   I believe that this policy so loved by Professor Starr continues to be MJC Library Policy – it just isn’t followed.   Dean Daley cites it, but seems to not have followed it:

When one of the Trustees (Anne DeMartini) saw the Pirate Journal and asked the Chancellor what had happened to the books, Jillian Daly (Library Dean) provided Trustees with an undated and unsigned “Collection and Development Policy.”  That Policy was issued by a former Library Dean, Dr. Tobin Clarke.  Presumable Daly provided this Policy because it described the Policy that guided her in the Great Book Destruction.   That Policy states that “Librarians will consult standard library reviewing sources and use their professional skills when making selection decisions.  In addition, librarians will draw on instructional facultys’ expertise as a resource for selection and evaluation of the collection” (underlines mine).  Clearly, this Policy was violated during the mass destruction of tens of thousands of our books, as it was done without most faculty even being aware of the book destruction

Daly also cites a Modesto Junior College Weeding Policy that states, among other things, that  “Weeding is done in consultation with MJC Library and classroom faculty, to ensure that materials of historical or research interest are not inadvertently removed. The Dean of Library, Learning Resources, and Technology reviews all items that are recommended for weeding.  Once again, this MJC Weeding Policy cited by Daly was VIOLATED during the rushed destruction of 70% of our print collection:  Classroom faculty was not consulted to ensure that materials of historical or research interest  were not removed.  Nor is it plausible that Daly, the Library Dean, reviewed all of the tens of thousands of items recommended for weeding as required by policy. 

I already have mentioned that books of historical and research interest (books that also would clearly qualify as Classics -- such as Hume’s Treatise and Wittgensteins’ Philosophical Investigations) were among the books destroyed.  I know they were destroyed only because Ben Starr remembers them, and they were not on file when I checked.  But, we have no way of knowing which other classics or important books were discarded because we are told that  THE LIBRARY HAS NO RECORD OF WHICH BOOKS THEY DISCARDEDHow is this possible – and how is it LEGAL -- for them to discard 52,000 books, and have no record of what they tossed into the trash?   I was told that their computers were not up to the task of recording that many titles.   This simply is not believable.  But, isn’t that convenient for them?  Nobody can complain about  which books they destroyed, because they don’t keep records of their primary inventory – the books on the shelves!  This all looks very suspicious to me.

 Whenever you buy a discarded book from the little shelf near the library exit, they always record the sale.  With this kind of record-keeping, a librarian could simply walk away with some expensive Art books she likes, and nobody would know that they were not just one of those “unrecorded” discards.  In fact, we have no way of knowing this did not happen during their great book destruction.  Some people have told me that they saw stacks of books on a person’s desk during that time, with stickers saying, “Save for X” where that was the name of a librarian.  And, Daly said that some of the books were offered to Deans. Which books and which Deans, and was that for their personal use?  Where are those books?  These books were District Property, not the property of  mere employees to pass around to their friends or to take on their own.   Even if a person there at the time did not want those “discards” for their personal use, they could make a few dollars selling them on Ebay.  The Ed Code that I cite in Appendix A below was meant to prevent such waste, abuse, and theft of public property. 

Do we know how many print volumes were in the library before the mass destruction, and how many were left?  At the re-opening of the library, Daly told Nan Austin of the Modesto Bee that the library had 75.000 volumes before the remodeling.  Also, there is a website listing various MJC Projects funded by Proposition E (Yosemite.edu/fmp/yccd/MJC_Projects.pdf).    On page 29 we are told:  "Currently the library has 75,000 volumes … The current facility needs to be replaced with a new facility that will accommodate 75,000 volumes and 500 seats, providing faculty and students with adequate facilities and resources."  This seems to be in year 2002-03.  So, on a promise to our taxpayers that we would use Prop E money to provide accommodations for our 75,000 volumes, we destroyed 70% of those books.

For futher confirmation of how many books we had, ask at the front desk about joining Friends of the MJC Library.  A printout dated 04/17/08 says that members can "Borrow up to five items from the library's collection of over 75,000 items.")
            The number of print volumes we have after the renovation can be found in the Oct. 2014 MJC Midterm Accreditation Report, page 25.   We are told that the present number of print volumes is roughly the same as the ebook collection which is 22,463 titles.   The math is simple.   If we now have only 22,500 print volumes left of our 75,000 collection, 52,500 books have been destroyed.   That means that 70% of our print collection was destroyed.
            When asked to provide Trustees with an accounting of what happened to all the books, however, Jillian Daly gives a very different accounting, one that I believe lacks credibility.  To explain how many books were weeded, she gives the following table:
“How many books were weeded from the collection? (Please use the period when the library moved into swing space)
Academic Year
Print Book Totals
Ebooks
Total Books
Average Age of Total Collection





2006-07
57,074
5753
62,827

2007-08
49,717
13136
62,853
1978
2008-09
49,197
13206
62,403

2009-10
50,501
19131
69,632

2010-11
40,174
21507
61,681

2011-12
27,169
21587
48,756

Oct. 2014



2005
“ Because old, outdated material was weeded, the average age of our collection went from 1978 in 2007 to 2005 today, resulting in a more current, relevant collection.
She also tells us that an inventory itemizing the books weeded from the collection cannot be provided because a system was not in place to track the titles until 2013.  Unbelievable.
I believe that these Print Book Totals cannot be correct.  The 2003 Prop E says we had 75,000 books, and the Friends of the Library handout from 2008 lists us as having 75,000 volumes.
But, according to Jillian (rounding to the nearest 100, and assuming that her Print Total is at the end of the academic year total), then by 2006-07 we had lost 18,000 of our 75,000 collection; by 2007-08 we lost another 7,300; by 2008-09 we lost another 500; in 2009-10 we gained back 1,300; by 2010-11 we lost another 10,300; by 2011-2012 we lost another 13,000; and (filling in from the Accreditation Report total for 2014) by 2014 we had lost another 4,400.
Jillian’s numbers from this table make no sense.  If we had 75,000 books in 2003, then we lost about 6,000 each of the next three years, and 7,300 the following year.  It looks like 23,300 (about a third of the collection) were lost in the last two years before the library was closed for remodeling, and only 4,400 were discarded during “swing” time.  But, Daly’s numbers are contrary to what we saw in the library during those years.  There were indeed books for sale (50 cents to a dollar each) near the library exit, but never more than three or four small shelves, certainly not hundreds or thousands of books for saleBesides, the big tall bookshelves were almost completely filled with books all the way to the time that the library was closed for remodelingI think most of our 75,000 books were there until the library closed.  So, I submit that Daly’s numbers are totally unreliable.
            Besides, Jillians’ table above seems to contradict part of her statement to the Trustees, where she tries to pass off the massive book dump as a long overdue weeding process. She says that she wants to emphasize that “the collection had not been weeded in many years and so was extremely outdated. The statistic that states that in 2007 the average collection date was 1978 and that today the average collection date today is 2005 says everything. We were way overdue to bring the collection up to current standards. … Most of the weeded books were discipline specific and contained outdated information—ex. Science books from the 1950-60s. … Since the major weeding project has occurred, our emphasis is now on developing our collections.” 
Daly’s words here do not fit with the weeding table that she presents above.  According to her table, it is FALSE that the collection had not been weeded for many years.  The table suggests that 18,000 of our books (24% of our 75,000) were culled between 2002-03 and 2006-07.   And, by 2010-11 (a couple years before remodeling began) 34,800 (46% of our 75,000 original collection) had been culled. So, her own numbers do not support her claim that the collection “had not been weeded in many years.”  Indeed, in which year does she think the “Major Weeding” occurred? Certainly the 4,400 during swing period does not count as a major weeding, compared to what she says occurred before. I think the numbers in her table are wrong, and that the “Major Weeding” to which she refers was the destruction of 70% of our 75.000 books AFTER the library closed for remodeling. This looks like a cover-up.
Another question about her table:  If there was no way to keep track of Titles until 2013 (an unbelievable claim), then on what does she base the numbers she cites in that table?  How could she know how many books were culled each year if there was no system in place to track the titles until 2013?  Did librarians count the books on the shelves by hand?   And, if she has no way of keeping track of Titles, then how was she able to determine that in 2007 the average collection date was 1978 and that today the average collection date today is 2005? Did a librarian go to the trouble of checking each of the tens of thousands of books in our collection, before and after each year’s culling, and write down the collection date of each book but not its title?  How are we to believe this story?  It does not inspire trust or confidence. 
            Let us move on to the question, how Daly justifies this carnage?   Nan Austin's Jan 30, 2014 article in the Bee quotes Jillian Daly (underlines mine):   "Waist-high bookshelves with lots of empty space replaced the high stacks packed with 75,000 volumes before the makeover. The light-filled rooms were designed to offer better visibility and a more inviting atmosphere. 'This is the new philosophy of libraries. Now they’re sort of open gathering areas,' said Jillian Daly." 
            This is stunning.  According to Jillian's new philosophy, libraries are gathering places for college students, not places for booksWe need lots of open space, light and better visibility, so get rid of the tall stacks filled with books.  Books have no place in gathering places for college students.  Books are not inviting -- they are intimidating.   Well, this is NOT the philosophy of a person who should be Dean of our Library, in charge of preserving our heritage.
            What is equally amazing is the correction that Jillian insisted on making when she recently was accused of dumping books in the trash:  "Most of the weeded books … get dumped in a bin (that is exactly a large grey plastic trash-can) and then go out for recycling. They do not get dumped in the garbage. So there may be the perception that we are throwing books in a garbage bin when the weeding occurs, but these books get sent to recycling." 
             Well, shades of Auschwitz! Isn't this a distinction without a difference?  Does dean Daly expect us to feel better knowing that our lovely books are being recycled?   It is rather like the SS insisting that they didn't dump their dead victims into the landfill --- they put them into recycle bins so that they could be rendered into soap and chicken feed!  Never let a dead victim go to waste.  Recycle!  Go Green! 

            As mentioned earlier, Jillian also justifies the weeding on the ground that the collection is extremely outdated.  She waxes ecstatic that now the collection date of the books is reduced from 1978 to 2005. How can Jillian possibly take PRIDE in eliminating so many older books?  This is shows utter contempt for our cultural and intellectual history.  Student James Varble (in Rob's article) shows far more wisdom:  "The foundation of modern education is access to a library of texts collected over a period of time. Teaching individuals to be free thinkers means that we not only provide up to date information, but older works provide valuable perspective on the advance of scholarship over the years." 

               To help us understand the necessity of weeding, Daly gave us an article called, “Crying Over Spilled Milk.”   This librarian gives criteria and recommendations for tossing books in the trash, and tells us how to do it with minimal outcry from the misguided lovers of books.  She says to do it gradually, and invite public to help, etc.  But she is clear on one thing:  Put the discards in the trash!  Thus the title of her article:   She says you wouldn't give the old milk you are discarding to the public, so you shouldn't give the old books to the public!  She even wants old collections of short-stories PUT IN THE TRASH.  She seems to think there is nothing to be learned about our past and who we are by reading stories and plays written in earlier times.  This is the model librarian that Jillian holds up for our admiration.  Why does this Barbarian think that some of us still mourn the burning of the Library at Alexandria?  After all, think how outdated those books now would be!  Think of Sappho’s poems as spoiled milk.

            A couple years ago, I bought some children’s books on the discard shelf at the Turlock public library.  They were wonderful books, beautifully illustrated, and there seemed nothing wrong with them, one of them a Caldecott award winner.  They were books I had read to my children when they were young.  But when my pregnant daughter visited and saw the treasures I had found, she immediately took possession.  She is saving them to read to my grandchild.  Those books that Daly and Ms. Spilled-milk would have put in the recycle bin will be treasured and passed on for generations, if my daughter has her way.
When I order older books on Amazon, probably half of them are library discards.  If it were up to Daley and Ms. Spilled Milk, those old book would disappear.   So, why did Daly hire students to desecrate our book, rip off the covers, and obliterate markings?  The answer is obvious:  She didn’t want to risk anyone being able to trace those books to the MJC libraryIt was part of the cover-up.   That also explains why there was no huge book-sale.  Selling thousands of books would have alerted us to the mass thinning of our collection.

            Two criteria that have been mentioned as relevant to “weeding” have been 1) the collection date, and 2) how long since the book was last checked out.  These criteria might be relevant for weeding parts of a public library devoted to Diet fads and pulp fiction.  But, this makes no sense in an academic library where the history of a discipline is important (as it is, for example, in Philosophy, Literature, or Art).  Even in Psychology, older works by William James, Henry Head, Watson, Skinner, etc. can be extremely valuable and thought-provoking.

            This complaint is too long already, so let me make it even longer.  What have things come to when we have to explain to librarians and College Administrators the intellectual and cultural importance of books?  I think that the Academic Senate should sponsor a recurring essay contest on the importance of books in our lives.   I was privileged to be raised close to nature, in the backwoods of Oregon -- among wild iris, maidenhair fern, trillium, wild ginger, dogwood, Douglas fir, cedar, vine maple, blackberries and wild strawberries, wild current, ocean spray, horsetail fern, centipedes and squirrels, banana slugs and amazing varieties of fungi.  But almost my only intellectual fare was the Readers Digest and a few books my Dad had brought back from England during WWII (Through Space and Time by Sir James Jeans, which made me aware of the enormous size of our sun and planets, the vastness of our universe, and the geological ages of earth) and The Evolution of Physics by Einstein and Infeld.  Of course, my mother read to us from her High School literature books and classics like The Last of the Mohicans.
  
            So, barbarian that I was, I still remember the day that I first walked into the University of Oregon main library.  In a room devoted to science, I was met with WALLS of books 12 ft high – walls of knowledge.  I found a book of hand-painted plates of Wild Orchids as beautifully done as a collection of Audubon illustrations.  There was such variety that one would have thought that God had entirely exhausted His imagination in designing the orchids alone.  I also found a book, The Biology of Spiders, by Theodore H. Savory that made me see spiders differently (do you know that spiders have green blood, and what sperm webs are?)  On another shelf I found a book filled with photo plates of thousands of different fossil spores from peat bogs in Oregon.  On that day, my world was multiplied a thousand times over.  I had no idea there was such knowledge and diversity in the natural world. 

            A couple months ago, I visited the philosophy collection at the CSUS main library.  It isn’t U.C. Berkeley, but their philosophy collection is wonderful!  Two walls over six feet tall, were filled with all sorts of treasures.  By my estimate, they had over 6,000 philosophy books – three hundred times what our once decent collection now has been reduced to.  Of course they had Hume’s Treatise, but our librarians culled our copy, probably because it hadn’t been checked out often enough.  CSUS had books I didn’t even know existed (a book on Loyalty by Josiah Royce -- 1908) and other “outdated” books like Popular Delusions and the Madness of Crowds – first published in 1841.  And what did that experience do for me?  Seeing that wonderful collection of philosophical works made me fall in love with Philosophy all over again!

            The point of this is that I felt humbled -- I felt a huge sense of awe -- standing before the best that our best and brightest had produced.   That wall of books was for me a monument to human creativity and knowledge.  And I want every student at MJC to have that same experience every time they walk into the intellectual and cultural center of our college.  I want them to feel the same awe and wonder and to feel the privilege and the invitation of all those people who thought they had something to say to us, and who cared enough to get someone to publish their message to us in a book.   Those tall stacks of books provided silent testimony to the vast achievements of human intelligence.  Daley seems to worry that those tall stacks of books might intimidate our students.   Well, it is our job to make certain that students see those books as invitations to learning.

            We can learn things even from stories written in times long past.  There are parts of our deeper selves that are lost in times that preceded us.  Read Blood of the Lamb by Peter DeVries, and it will make you laugh and make you cry – even if you never sat at such a table as the one he describes.  Read James Joyce’s Finnegan’s Wake aloud, and in the nonsense syllables you and your children will find the alphabet soup of your existence, even if you never have seen the bonny emerald hills of Ireland.    In his Portrait of the Artist as a Young Man, Joyce can make some of us cry for Parnell, even though we have no idea who Parnell was.   And, The Best Stories of Wilber Daniel Steele (1946) has two of the best short stories ever written, How Beautiful with Shoes, and The Man Who Saw Through Heaven.  If you ran across this collection while browsing in our library, you might pick it up, and it would enrich your life.  But, MJC does not have it, and we don’t know if they ever did.  But, I do know this one thing:  James Joyce was one of the best writers ever to live, and now he is stone dead in the ground.   His marvelous brain is gone, his skull is empty.  But, when you read from his Portrait of the Artist, his genius still speaks to us from those pages.   When you hold in your hands the books written by those who came before, you hold all that remains of them, all that they were allowed to leave behind

            Daly says that weeding was done in part to keep the collection browse-able.  Ben Starr mentioned that one of the most valuable aspects of the library experience was that we might run across unexpected treasures while browsing.  Some commentators mention that browsing can be particularly rewarding in a good library because librarians for years have been developing systems to catalogue books according to their subject matter.  So, you might be more apt to discover a book relevant to your research purposes by browsing in a good library than by doing a google search or an Amazon Books search.  

            However, the recent changes at the MJC library make browsing far less profitable than it was.  First, the destruction of 70% of our original collection makes it far less likely that your browsing will be profitable because most of the books you would have discovered by browsing are in the recycle bin.  Second, now that the tall bookshelves are gone, you have to bend over or squat to do your browsing, which is uncomfortable.   Third, given that a large percent of the books available are e-books, not print copies, a large portion of the books that might have been discovered by browsing will not be found by browsing, because they are not on the shelves.  Finally, there are salient disadvantages to “browsing” online (checking books recommended by a google search).  When you locate a book on the shelf by browsing, you can open the book and sample its contents.  But, the book online will not usually allow a complete examination, and older books more often cannot be examined without actually getting a copy of the book.

            It also should be mentioned that there are advantages and disadvantages when libraries go digital.   Of course it is wonderful that so many articles and books are available digitally.  But, many people find that they comprehend what they are reading better if they print out the manuscript, and printing out an entire book can be problematic.  Sometimes reading manuscripts digitally is difficult because it has two or three columns per page, which requires one to scroll up and down on each page.  Sometimes the manuscript will have a diagram, chart, or illustration on the opposite page, making digital following even more difficult.  Then there is the difficulty that it is easier to find ones place in a print copy (flipping pages, underlining, etc.) as opposed to scrolling.  (There is a reason why we abandoned scrolls for books in our print copies.)

 In even a short piece of 10 or twelve pages (like the piece you now are reading), it can be frustrating to try to locate a passage by scrolling.  Some have argued that reading print is easier on the eyes, outlining is easier, and remembering is easier with print copies because it provides more physical landmarks and kinaesthetic clues for locating information in the text.  Also, having to scroll down a text takes more mental effort than flipping pages, and so it takes away from concentrating on the text.

            Another concern with completely going digital             is that there are problems with digital preservation (see Nancy M. Cline).  In digital depositories, copies are constantly being read by machines to ensure integrity of the data, to detect and repair data corruption (there is “bit rot” corruption).  “In a post-apocalyptic world, books would still work, but not the tapes, CDs, and computers left.  And, how do we preserve content as technology changes?  With changes in file formats, will this data be usable a hundred years from now?  Will those files be readable by future generations of computers?”  Already we have lost information from the first space explorations, due to corruption of the tapes used to store the data.

            Finally, some are now suggesting that Colleges and Public libraries no longer should use their valuable space to “warehouse” books.  They say that libraries should go digital, depending on digital copies of books they need from central book depositories.  This might seem to put too much control over our access to information to those who govern the central book warehouses. 

            In closing, I should note that the tragedy that happened at our library is happening all over the country.  Do a search on destruction of library books, and you easily will find that this is becoming alarmingly common.   I recently viewed a video of an art professor at the University of New Hampshire.  She was standing in front of a huge bin behind the Main Library.  She was weeping because they were filling a dumpster with beautifully illustrated Art book, apparently to make room for biology books, and nobody had even consulted with the faculty. 

We have to put a stop to this attack on our culture.    But it will not be an easy fight.  I have yet to find a librarian who does not defend the destruction of 70% of our books as “weeding” – even when they have no idea what was culled or what the criteria were.  It seems to be a territorial thing.  Of course libraries sometimes need to be “weeded” for various reasons.  But, this should be done judiciously, and in consultation with faculty who are experts in their disciplines.  Those rules were not followed here.

 Destroying 70% of our print collection cannot sensibly be called “judicious weeding, contrary to what Brian Greene assured me.  It was a massive destruction of our books, and a rushed job as he admits.  It was done without keeping any record of what titles were destroyed, done without consultation with faculty, not because the collection was too old, but because someone wanted to get rid of those stacks of books that used to fill our library.  Someone wanted to make space for their computer labs and tutoring rooms.   For Brian the Librarian to call this “judicious weeding” is rather like calling gang rape a “Love-in.”

But, the main point of this protected disclosure is that certain employees of YCCD did violate YCCD Policy and California Ed Codes when they dumped all those books without getting permission from the Governing Board.   For proof of that claim, read Exhibit A below.   

Thank you for your attention.   Any person who cooperates in the investigation into this communication that Don Viss is required to conduct is protected under YCCD Policy 7700, Whistleblower Protection.  To support Mr. Viss in his duty, we all should relay to him any information we have regarding this complaint, whether it supports or discredits this complaint.  We all should help as we can the Chairman of our Governing Board in this likely unpleasant duty, and insist on transparency and honesty. 

One piece of evidence that was beyond my means to supply was a Power Point presentation that Jillian Daley made regarding the new philosophy of libraries.  It was to my mind a very chilling confession of what we can expect from such people.  It said that that the space currently occupied by libraries is very expensive real estate, and that it should not be wasted on “warehousing books.”  It paves the way for taking over our libraries and tossing the books so that all that expensive space can be used for something more valuable than collections of books.  Need I remind you that burners of books are never friends of the life of the mind?  The fact that some of them have gone green and recycle rather than burning our heritage does not change their stripes.  

Now, go and do the right thing. 
W. J. Holly, Ph.D., Philosophy

Exhibit A:  Proof that Stearns and Smith Usurped Authority of the Board when they acted without consent of the Board.
            I maintain that only a unanimous vote of Trustees present at a meeting can provide authority to dump thousands of culled library books into the county dump.  The relevant statutes are reproduced below
            Point One:  YCCD Policy 6550 (Disposal of Surplus Property) might seem to grant that the Executive Vice Chancellor is authorized to act as the agent of the Board to identify and dispose of all District surplus property -- and even to determine which property is of little or no value.  HOWEVER, each of the sentences seeming to grant this power has an attached qualifier that such power must be consistent with the California Education Codes 81450 to 8143.  And, as I demonstrate below, the Ca Ed Code puts severe restrictions on the Executive Vice Chancellor’s powers over district property.  It does NOT allow the Executive Vice Chancellor or any other mere employee of YCCD to treat District property as its own private property, to be disposed of at the discretion of that employee.  District property belongs to the public, and its disposal rightly (and by California law) is the responsibility of the Governing Board.     
            81450 does not seem relevant to our case.  It says that the governing board can sell for cash or auction property that is not needed or that needs to be replaced, etc. and it makes clear that auctions must be advertised, etc.  The main thrust of this is that the Board needs to be fair to the public in the disposal of public properties.  And, it says nothing about an employee being empowered to decide to auction unneeded personal property, nor does it say that a mere employee can put surplus district property in the dump or pass it out to ones friends
            81450.5 tells us that a district may exchange for value, sell for cash, or donate any personal property of the district if all these conditions are met: (a) The property isn’t needed, needs to be replace, or is unsatisfactory, and (b) the property is exchanged with, sold, or donated to another school or public entity.  Again this has no relevance to our book destruction.  This section again is intended to protect the public’s interest in its public property.  It is OK for a public school to exchange, sell, or donate surplus property to another public entity. That would be in the taxpayer’s interest.  Nothing in this section gives a mere employee or even the governing board the right to throw surplus property into the trash.  
            81452 (a) is not relevant, as it does not allow putting surplus property in the trash.  It only tells us that such property may be sold at a private sale without advertising.  BUT, it only allows that if the governing board by unanimous vote of all those members present finds the property is not worth more than $5,000.
            81452  (b) is not relevant to our case, since it does not permit either an employee or the board to throw surplus property into the trash.  It only says that if, after a properly advertized auction, where no bid was received, then it can be sold at a private sale (by an employee empowered by the Board to hold such a sale).
            81452 (c) does tell us when surplus property may be donated to a charitable organization deemed appropriate by the board, or disposed of in the local public dump.  But notice the strict condition necessary for donation or for disposing in the public dump:  This can happen only if the board, by unanimous vote of the members present finds that the property is of insufficient value to defray the costs of arranging a sale.  (I suppose that it would be nitpicking to point out that even this section does not allow the board to recycle surplus property.) 
In conclusion, given that the governing board did not by unanimous (or any other kind of vote) authorize the mass destruction of our library books – given that were not even informed until after the event – it seems clear that Smith, Stearns, and Daly did unlawfully usurp the authority of the Governing Board, and that therefore they did violate California law when they ordered the destruction of thousands of dollars worth of District property.   I submit that this makes them all guilty of felony theft and perhaps felony vandalism. 
            It seems to me that Smith and Stearns also have run afoul of Ed code 70902 (b)(7).  The Governing Board is supposed to Establish procedures that ensure faculty, staff, and students the opportunity to express their opinions at the campus level, to ensure that these opinions are given every reasonable consideration, to ensure the right to participate effectively in district and college governance, and to ensure the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. 
When Smith and Stearns decided unilaterally, without consulting with either the faculty, students, or even the Governing Board on such an important matter as destroying 70% of our Library, they were denying them voice and reasonable consideration in college governance.  This is not transparency.  This is not “engaging all voices.”  This is unrestrained power, not shared governance.
YCCD Policy 6550 Disposal of Surplus Property
 Disposal of surplus supplies/equipment will be accomplished by the following: Trade-in on new  purchases; surplus bid sales; an auction open to the general public. The Executive Vice Chancellor is  authorized to act as the agent of the Board to identify and dispose of all District surplus property, consistent with applicable Code provisions. If the Executive Vice Chancellor determines the property is  of little or no value, then he/she may dispose of the property consistent with California Education Codes  81452-81453.  References: Education Code 70902(b)(6), 81542 and 81450 et seq. Adopted: June 28, 2004 18 Revision Adopted: February 11, 2009

EDUCATION CODE 
SECTION 81450-81460 

81450.  (a) The governing board of any community college district
may sell for cash any personal property belonging to the district if
the property is not required for school purposes, or if it should be
disposed of for the purpose of replacement, or if it is
unsatisfactory or not suitable for school use. There shall be no sale
until notice has been given by posting in at least three public
places in the district for not less than two weeks, or by publication
for at least once a week for a period of not less than two weeks in
a newspaper published in the district and having a general
circulation there… The board shall sell the property to the highest
responsible bidder or reject all bids.
   (b) The governing board may choose to conduct any sale of personal
property authorized under this section by means of a public auction
conducted by employees of the district or other public agencies, or
by contract with a private auction firm. The board may delegate to
the district employee responsible for conducting the auction the
authority to transfer the personal property to the highest
responsible bidder upon completion of the auction and after payment
has been received by the district.



81450.5.  Notwithstanding Sections 81450 and 81452, a community
college district may, without providing the notice required by
Section 81450, exchange for value, sell for cash, or donate any
personal property belonging to the district if all of the following
criteria are met:
   (a) The district determines that the property is not required for
school purposes, that it should be disposed of for the purpose of
replacement, or that it is unsatisfactory or not suitable for school
use.
   (b) The property is exchanged with, or sold or donated to, a
school district, community college district, or other public entity
that has had an opportunity to examine the property proposed to be
exchanged, sold, or donated.
   (c) The receipt of the property by a school district or community
college district would not be inconsistent with any applicable
districtwide or schoolsite technology plan of the recipient district.


81452.  (a) If the governing board, by a unanimous vote of those
members present, finds that the property, whether one or more items,
does not exceed in value the sum of five thousand dollars ($5,000),
the property may be sold at private sale without advertising, by any
employee of the district empowered for that purpose by the board.
   (b) Any item or items of property having previously been offered
for sale pursuant to Section 81450, but for which no qualified bid
was received, may be sold at private sale without advertising by any
employee of the district empowered for that purpose by the board.
   (c) If the board, by a unanimous vote of those members present,
finds that the property is of insufficient value to defray the costs
of arranging a sale, the property may be donated to a charitable
organization deemed appropriate by the board, or it may be disposed
of in the local public dump on order of any employee of the district
empowered for that purpose by the board.

Californian Ed. Code 70902:
70902.  (a) (1) Every community college district shall be under the
control of a board of trustees, which is referred to herein as the
"governing board." The governing board of each community college
district shall establish, maintain, operate, and govern one or more
community colleges in accordance with law …
   (b) In furtherance of subdivision (a), the governing board of each
community college district shall do all of the following: …
   (7) Establish procedures that are consistent with minimum
standards established by the board of governors to ensure faculty,
staff, and students the opportunity to express their opinions at the
campus level, to ensure that these opinions are given every
reasonable consideration, to ensure the right to participate
effectively in district and college governance, and to ensure the
right of academic senates to assume primary responsibility for making
recommendations in the areas of curriculum and academic standards.



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