Judge questions library director over Whitefish volumes

After slightly more than two hours of testimony Thursday, Flathead County District Judge Stewart Stadler interrupted the attorneys to ask a defendant questions in a civil lawsuit.

Stadler seemed less than satisfied with some of the answers he got from Flathead County Library Director Kim Crowley. After asking his questions and learning that the attorneys had more witnesses to call, Stadler continued the hearing until 9 a.m. today.

The judge is presiding over a hearing to show cause why a preliminary injunction should not be issued pending a trial or other resolution of a lawsuit filed by the Whitefish Library Association against Crowley, the Flathead County Library Board and the county.

Several times Stadler asked Crowley what county library officials would do if they were at some point ordered by a court to evenly distribute books to Whitefish based on taxes paid and the population of Whitefish, as called for in the interlocal library agreement.

Stadler focused on 6,380 books that library officials admit have been removed from Whitefish, but their whereabouts not tracked.

He wanted to know what Crowley would do if it was determined any of those 6,380 books had indeed been donated specifically to the Whitefish library, but hadn’t been properly labeled.

She responded that she’d have to defer that decision to the library board.

But, Stadler reminded her that library board members have repeatedly promised to leave any books specifically donated to the Whitefish library, or purchased with donations to that facility, in Whitefish after the county stops operating a branch library there.

Because those books “can’t be identified,” no one from any of the Whitefish volunteer library groups could go check those materials, the judge said.

When he asked Crowley if it was “less likely” for a donated book to “slip through” and not get returned to Whitefish if “two sets of eyes” were reviewing it, she hesitated, but said “yes.”

Stadler asked Crowley what process is being followed to look for books that were donated to the Whitefish library or books that were part of the original Whitefish collection in 1976 when the county began operating the library.

“We send a library employee to Whitefish every day ... and they look at books,” Crowley said. Books are marked to either stay in Whitefish or be relocated to another county library.

“There’s no reason someone from the Whitefish Library Association couldn’t be there for that, that wouldn’t slow you down?” Stadler asked.

When Crowley responded

that it involved “intensive computer work,” Stadler asked “You don’t look at books?”

“Sure we do,” Crowley responded.

He then asked if a Whitefish volunteer could be on hand to look at the remaining books in Whitefish for identification that the books had been donated specifically to Whitefish, as well as to review the list of books that library officials plan to move to another library.

Crowley response was “yes.”

The judge pointed out to Crowley that there is “a dispute that’s got to be resolved in court.

“How do we give Whitefish a percentage of books if you can’t identify the books?” he asked. “If the court has to do it when it comes time, how are we going to do it if the books are dispersed all over?” Stadler asked.

Crowley’s response was that the 6,380 books already moved can’t be tracked in such a fashion, but from now on, as library employees review the remaining 15,000 items in the library, their whereabouts could be tracked.

“Now you’re saying you could equitably divide the books up?” Stadler asked.

“Well, there’s always some books that don’t get returned or their dog eats them,” Crowley responded.

Stadler also pointed out that, assuming the Whitefish library becomes part of the state shared library system, as Whitefish officials say is the plan, any books housed in Whitefish could be shared with all other libraries in the state that are part of that system.

 Thursday’s hearing stemmed from the June 1 filing of a lawsuit by the Whitefish association asking that county library officials be ordered to stop removing materials from the Whitefish branch library. On June 3, District Judge David Ortley issued a temporary restraining order prohibiting the removal of any more books from the library and ordering that the county continue operating the library through the end of the month. County officials have said they’ll close the library Saturday, June 18, because they need time to finish moving county-owned materials out of Whitefish and to update their barcode system to reflect changes.

The city of Whitefish is to begin operating a city library on July 1, following termination of an agreement between the city and the county for the county to operate a branch library in Whitefish.

Reporter Shelley Ridenour may be reached at 758-4439 or sridenour@dailyinterlake.com.