As the mercury has risen throughout a sweltering summer, a long-simmering disagreement over Orem’s public library policies has been boiling once again.

In a letter sent last month, the Foundation for Individual Rights and Expression, or FIRE, gave Orem leaders a warning to respect city librarians’ First Amendment rights or face a lawsuit.

The city was given until July 1 to comply with the warning. On July 7, the city sent a seven-page letter of explanation to FIRE that also expressed changes that had been made.

The letter did not satisfy the civil liberties organization.

“This is a good start, and we are pleased that Orem has publicly affirmed its commitment to respecting the constitutional rights of both employees and others with whom the City interacts,” FIRE attorney Daniel Ortner told the Daily Herald. “But the First Amendment requires more, and FIRE’s concerns are not satisfied. FIRE would welcome the opportunity to partner with the city to complete the necessary steps and avoid litigation.”

FIRE wrote to Orem on behalf of the Utah Library Association after the City of Orem took action against the ULA for its criticism of a library policy implemented last year discontinuing Pride and heritage month book displays. The city imposed limits on librarian professional development participation and, using what has been described as a vague and overly broad social media policy, reportedly threatened employees with termination if they spoke out in support of the ULA’s position, according to Ortner and some former and current employees.

In the July 7 response, City Attorney Steve Earl said Orem officials agreed to lift the ban on librarians’ professional development. The city also publicized its new display policy in a step toward transparency and accountability. What’s more, the city posted a promise on its website: “Orem affirms its commitment to respecting the constitutional rights of both employees and others with whom the City interacts.”

In the city’s letter to FIRE, it noted that as early as February, it expressed the desire to repair issues between the city and the ULA.

“However, for reasons unknown and inexplicable to library management, the ULA later rebuffed the city’s efforts to reconcile and has declined the city’s invitation to engage in a dialogue aimed at repairing the relationship,” the letter said.

City employees have a general First Amendment right to speak as private citizens on matters of public concern, including city policies. Orem officials and the city’s policies must publicly recognize as much, Ortner warned, adding that more must be done for Orem to fulfill that promise and comply with the First Amendment.

“First, the city must put its policy regarding ULA participation into writing in the Orem Employee Handbook and inform library staff of the changes in an all-staff meeting,” FIRE’s letter to Orem City states. “Memorializing and communicating this positive change to staff is important because the ULA participation ban was announced haphazardly and through word-of-mouth. Orem library employees must be secure in the knowledge they are once again able to seek professional development opportunities in the same way as other city employees, and that commitment must be put into writing.”

“Second, the city must reform its social media policy to bring it into compliance with the First Amendment,” the letter continues. “We applaud the city’s stated willingness to examine the policy to protect the First Amendment rights of its employees, including Orem librarians. But we need to see real changes. The policy has significantly chilled employee speech concerning the ULA’s letters and the city’s display policies. The city must rectify the chilling effect that its social media policy has had on employees.”

FIRE’s letter also demanded the city be fully transparent about its policies regarding books displays.

Library leadership, led by new director Bryce Merrill, worked with staff on a new display policy, which was put into effect in April.

“The city has been providing displays in accordance with the policy (including heritage display) since that time,” Earl said in the city’s response letter.

“If the city seeks guidance on how to revise its policy to comply with its binding legal obligation to respect the First Amendment, FIRE is standing by to offer our assistance,” Ortner said. “City employees have a general First Amendment right to speak as private citizens on matters of public concern, including city policies. Orem’s officials and the city’s policies must publicly recognize as much.”

Ortner reiterated that FIRE and the ULA “are encouraged by the City of Orem’s promise to respect the First Amendment and its initial steps toward meeting its constitutional obligations,” adding that ULA leadership is interested in working with the library on a public statement “in favor of free speech and freedom of expression with regard to both the rights of library patrons and the rights of library employees.”

In a final summary response, Earl said, “The city has been and continues to be interested in repairing its relationship with the ULA and returning to a collaborative and cooperative relationship. As stated previously, although I believe the city’s social media policy already adequately informs employees of their right to speak out on matters of public concern, the city is willing to review the policy to identify ways the policy could be improved to help employees better understand the contour of their First Amendment rights.”

The end goal, Earl expressed, is the hope for a more positive relationship with the ULA in the future, as well as a showing of mutual respect.

“We also ask that the ULA be willing to engage with library management to better understand the city’s concerns and perspectives,” he said.

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