The Library staff will determine appropriate action to be taken according to the severity of the prohibited activity. An accumulation of violations may lead to temporary or permanent suspension of Library use privileges, including programs. Depending on the nature and severity of the prohibited activity, the Library’s Supervisor reserves the right to enforce immediate suspension or take appropriate measures such as contacting the police.
Suspended persons who return to the Library before the suspension time is fulfilled and have not had a meeting with the City Librarian may be asked to leave by Library staff. If this approach is unsuccessful, the local police will be called to protect the safety and welfare of other users of the Library, including the enforcement of Criminal Trespass laws.
Prohibited behaviors described in this Code of Conduct may be addressed as follows:
First Incident: (1) Counseling with Library Supervisor and Library User, (2) followed by a letter to the Library User with a copy of the letter sent to the City Librarian and the Key Leader.
Second Incident: (1) Counseling with Library Supervisor, City Librarian and Library User, (2) with a verbal warning from the Library Supervisor and the City Librarian, (3) followed by a letter to the Library User with a copy of the letter sent to the City Librarian and Key Leader.
Third Incident: (1) After consulting with the Library Supervisor, the City Librarian may suspend Library User’s privileges to access Library including programs for up to one to three months and/or permanent expulsion from the Library, (2) documented by a letter to the Library User with a copy of the letter sent to the City Librarian and Key Leader, subject to Right of Appeal under City Code Chapter 1, Article IV.
Procedure for Appealing Staff Decision Regarding Loss of Library Use Privileges:
Appeal to Department Leader [e.g. City Librarian]
City Code Sec. 1-33. Procedure at Departmental level.
Any person aggrieved by the decision of a City employee [e.g. Library Supervisor or staff] may appeal decision through the employee's chain of command to the appropriate Department Leader [e.g. City Librarian]. If the aggrieved party is not satisfied with the decision of the Department Leader [e.g. City Librarian], the decision may be appealed to the City Manager.
Appeal to City Manager
City Code Sec. 1-34. Procedure before City Manager.
Any person aggrieved by the decision of a Department Leader [e.g. City Librarian] may appeal such decision to the City Manager.
Such appeal shall be in writing and shall succinctly state the problem or objective of the aggrieved party and the employee understanding of the decision of the Department Leader [e.g. City Librarian].
The City Manager (or acting City Manager in absence) shall render a decision within ten (10) days after receipt of the written appeal or the latest amended appeal. If, however, the City Manager determines that there is not sufficient data upon which to base a decision, further written information may be requested from the aggrieved party, in which event the ten-day time limit shall run from the date on which the completed information is received.
The City Manager may refer the controversy to an appropriate advisory board for recommendation [e.g. The Library Board], in which event the time limit of subpart c., above, shall not apply. The City Manager shall render a decision within ten (10) days after the appropriate advisory board gives its recommendation, or in the alternative, the City Manager may, within ten (10) days after receipt of the recommendation of the advisory board, place the question on the next regularly scheduled Council agenda.
Appeal to City Council
City Code Sec. 1-35. Procedure before the City Council.
Any person aggrieved by a decision of the City Manager and who has complied with the provisions of sections 1-33 and 1-34, above, may appeal such decision by filing a written notice of appeal with the City Manager within ten (10) days after receipt of the City Manager's decision.
Consideration of the appeal may be limited to the issues raised by the written appeal, as provided in section 1-34(c) and (d) above, and not disposed of to the satisfaction of the aggrieved party.
The aggrieved party shall be allowed to present evidence in support of any contentions, provided that the City Council may limit the evidence to relevant testimony, impose reasonable time restrictions, restrict repetitious testimony and require expert testimony when technical issues are involved.
At the conclusion of the hearing, the City Council shall either:
- Sustain the decision of the City Manager or Department Leader, or
- Render an appropriate decision.
See Tyler City Code, Ch. 1 General Provisions, Art. IV Administrative Procedures, Sections. 1-30 through 1-35.