Conway Public Library Needs Remedial Instruction in NH's Right to Know Law and Then Some ... - Granite Grok

Conway Public Library Needs Remedial Instruction in NH’s Right to Know Law and Then Some …

The Conway Public Library got an RTK from me. Given how the Director answered a Conway resident and patron of the library, I decided to vary from my normal laid-back replies (“strains of “I’ve got to be ME, I’VE GOT to be MEEE!” wafting in the background).

It’s also clear Director Smolen has a bit of a problem either with reading retention or comprehension, as my answer had “Your library management system, Aspen Discovery, is able to generate such a file” in it. Or he just doesn’t like being challenged.

—— Original Message ——
From “Skip” <Skip@granitegrok.com>
To “David Smolen” <dsmolen@conwaypubliclibrary.org>
Cc jcousins@conwaypubliclibrary.org; jlaracy@conwaypubliclibrary.org; “kbennett@conwaypubliclibrary.org” <kbennett@conwaypubliclibrary.org>; jcicero@conwaypubliclibrary.org; “cgenest@conwaypubliclibrary.org” <cgenest@conwaypubliclibrary.org>; “alibby@conwaypubliclibrary.org” <alibby@conwaypubliclibrary.org>; jwright@conwaypubliclibrary.org
Date 7/11/2023 11:23:57 AM
Subject Re: response to your RTKL request

Director Smolen,

Apparently you have not read the actual text of RSA 91-A or understood its precepts. For remedial training (which should be done for all public officials; elected, appointed, or hired), I would suggest you contact the New Hampshire Right To Know (RTKNH -> https://righttoknownh.wordpress.com/need-help/)

It is not up to the Requester to do the work outlined in a Right To Know Demand. It is the responsibility of the Responder (that would be the Conway Public Library with you as the Director) to Follow the Law and supply that which is being demanded. That would be a file containing the data elements enumerated the RTK – that would be an EXCEL or  CSV file as outlined in my RSA 91-A letter to the Conway Public Library.  Your library management system, Aspen Discovery, is able to generate such a file.

Seeing that you have had your LMS in place for a while, I have to believe that you know how to carry out that operation;  a correct assumption? If you are unable to carry out that operation, I’m sure that your Support folks at Aspen can assist you.

FYI, “LMS” standing for “Library Management System”.

Thus, your answer below does not satisfy my request and you need to try again to honor the Law.  When will you have the Responsive Record (the card catalog) sent to me?

-Skip

Heh! Not TOO bad, I’d say. Just Follow The Law, if you would please – with a wee bit of emphasis.

However, David Smolen was not pleased and tried what a couple of other librarians have done in refusing to abide by RSA 91-A: like the “Limited Public Forum” phrase usage back here, he’s thrown chaff into the wind, thinking I’d be blinded by his brilliance. Yeah, sure – been there, done that, so just answer the dang question. At this point, he’s either that stupid in not knowing his own system or believes “I’m blinded by [library] Science!” that he’s pitching.

This guy is special (emphasis mine), so a fisking is in order:

Hi, Mr. Murphy, library records are not kept in .csv or .xls format. They are kept in the .mrc format. 
I said generate. Anyone doing a professional level LMS development effort would never use CSV or LMS files – but he thinks this is a chance to lecture me. However, he’s trying the bluffing game thinking I’m stupid in this area.
The library is under no obligation to provide you with an alternative file format. I am happy to export the files to you in the .mrc format. You can then download an editor here https://marcedit.reeset.net/ to view the records.
91-A:4 Minutes and Records Available for Public Inspection. –VII. Nothing in this chapter shall be construed to require a public body or agency to compile, cross-reference, or assemble information into a form in which it is not already kept or reported by that body or agency.
You know,  I truly believe he doesn’t know his own system – it is considered to be a point source entity even has a lot of moving parts (display files, query files, storage files, index files, txt files, menu files, code files, code libraries, et al).  Notice that he’s spending more time to debate me than just pushing the button to generate the file (3-5 minutes top, two minutes to email or upload to Dropbox).
I did speak to our vendor about turning the info into a .csv file. The charge would be $250 per hour which would be your responsibility to pay.
Please let me know how you would like to proceed.
Sincerely,
David
So he wanted to know how to proceed – so I told him EXACTLY. HOW. TO. CREATE. THE. FILE. After all, since Aspen Discovery is open source, so all of the code and documentation is there. Thus, I told him where to go (snicker), took him to task and to the woodshed:

—— Original Message ——
From “Skip” <Skip@granitegrok.com>
To “David Smolen” <dsmolen@conwaypubliclibrary.org>
Cc jcousins@conwaypubliclibrary.org; jlaracy@conwaypubliclibrary.org; “kbennett@conwaypubliclibrary.org” <kbennett@conwaypubliclibrary.org>; jcicero@conwaypubliclibrary.org; “cgenest@conwaypubliclibrary.org” <cgenest@conwaypubliclibrary.org>; “alibby@conwaypubliclibrary.org” <alibby@conwaypubliclibrary.org>; jwright@conwaypubliclibrary.org
Date 7/12/2023 4:30:52 PM
Subject Re[2]: response to your RTKL request

I spent 40 years in the computer industry with an MS in Software Analysis and Design.  I know that almost all Library Management systems can export their contents of some manner to CSV files.  Aspen Discovery has the ability to create the desired .CSV file demanded: https://help.aspendiscovery.org/help/users/lists#Cell-1001-PanelBody

Conway Public Library Aspen Discovery CSV file generation

And Aspen Discovery has the ability to create lots of types of lists – including one that would have the data elements listed in my Right To Know. And your use of RSA 91-A:4 is off base and let me tell you why:

91-A:4 Minutes and Records Available for Public Inspection. –VII. Nothing in this chapter shall be construed to require a public body or agency to compile, cross-reference, or assemble information into a form in which it is not already kept or reported by that body or agency.

And given that I have read ALL the documentation (after all, Aspen Discovery is open source software so ANYONE can read and use it), and that I know how DBMS systems work, you’re attempt to hide behind 91-A:4 is about as stupid as your word salad about “limited Public Forum” (btw, you got it the meaning of that backwards). Anyways, I digress…

Are you informing me that the data records and associated data elements within your library system’s schema don’t exist? Are you claiming that the distinct data tables residing in your single library system (normally and customarily considered to be “a point source”), along with the keys linking that data to other related tables for the entity colloquially known as a “book”(or other media types) within that same database system are to be viewed as “numerous sources”?  Or are you claiming that none of that exists?

That’s a bit of a stretch and doesn’t pass the computer science smell test.

Are you also telling me that the file that traverses the necessary and existing data tables, linked by existing keys, that provides the demanded “list of Responsive Records” (e.g., the Card Catalog) at the push of a button as “output” also doesn’t exist (e.g., a “Report”) in the CPL System?

I HAVE the instructions that (see above, Open Source Software) as long as that query file has not been removed from your system (which would ALSO be a violation of RSA 91-A:4, III concerning on record retention) with a single button press tell Aspen Discovery to execute that query file (e.g. a Report query file) output that list of demand data element to a .CSV file.

Are you saying that such directions don’t exist?  Or saying that you are refusing to use that which is already part of your system? Or simply making a play to be seen as being ludicrous in attempting to make me think that you would have to scurry around inside your server (or your hosting service server(s)) to gather such information manually?

Thus, I am not demanding records from “numerous sources” but are found with ONE source – your library system. Running a report is not “assembling data from “numerous sources”.

The Conway Public Library has a digital catalog of all the books/media in the library and can be produced in a manner shown above.

Thus, your answer is insufficient for the purpose of my demand. I will repeat – it is for a listing of the books (and the demanded data elements as title, author, ISBN, et al) contained within the Conway Public Library electronic card catalog.  The receiver of such a demand is required to supply that demanded set of Responsive Records. It is not up to the demander to find them.  The burden is on the receiver to comply.

This is no different than when I have, in the past, demanded complete Municipal or School District payroll information from their accounting systems.  Or are you holding that there is no similarity other than the subject matter? Remember, RSA 91A specifically calls out this kind of demand. I can start doing so if you continue to be recalcitrant. After all:

I-a. Records of any payment made to an employee of any public body or agency listed in RSA 91-A:1-a, VI(a)-(d), or to the employee’s agent or designee, upon the resignation, discharge, or retirement of the employee, paid in addition to regular salary and accrued vacation, sick, or other leave, shall immediately be made available without alteration for public inspection. All records of payments shall be available for public inspection notwithstanding that the matter may have been considered or acted upon in nonpublic session pursuant to RSA 91-A:3.

And as the demander, I do not have to tell you WHAT I am looking for – your duty is to provide the information and not force me to do searches on your system to find out what I am looking for. Or are you going to dispute that as well?

Oh, and before I forget, your OTHER claim?

The library is under no obligation to provide you with an alternative file format.

Er, yes you are and – I want you to follow the Law as written and as described in my Right To Know:

V. In the same manner as set forth in RSA 91-A:4, IV, any public body or agency which maintains governmental records in electronic format may, in lieu of providing original records, copy governmental records requested to electronic media using standard or common file formats

This was affirmed in the Green case that mandates that such electronically kept information must be provided using common file formats.  Your existing query file (e.g., “Report” can output a .CSV file that can contain all of the information that meets the specification I have provided. A CSV file is a common file format – a .MRC file is not UNLESS is it one of these:

  • A script file for IRC
  • 3-d grid of voxel for CryoEM or ET
  • Python library files (think programming code)

Or a few others. I admit, acronym usage within the computer industry is often “overloaded” and must be determined which definition is meaningful only by context. There are other uses for “MRC” as well.

Ball is now back in your court. Just remember, RSA 91-A has “teeth” that I would have no problem employing.

Have a nice evening!
-Skip

So that was two days ago. Thus far, radio silence from Director Smolen. I’m betting that he’s reached out to a lawyer. Good – I’ll RTK those transactions as well.

The developing-lesson is this: it is far easier and far less stressful to just do what is demanded in an RSA 91-A.  It would have cost him 15 minutes top.

However, I’m betting that he’s hunched over his keyboard removing certain database records right now. Sorry, Director Smolen – if you ARE doing that, I’ve already got markers all set in place.

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