The State Education Department has sustained an appeal by a Five Towns resident challenging the Peninsula Public Library’s bylaw governing trustee vacancies, annulling a bylaw amendment the library’s board of directors created in March and ordering appointed trustee seats onto the ballot next May.
At a special election on March 12, the library board voted to allow an appointed trustee to serve the remainder of an unexpired term. The board then moved President Akiva Lubin, whose term was set to expire June 30, into a seat vacated by Reva Oliner, who had resigned prior to the meeting, as previously reported by the Herald. Vincent Squitieri, a Five Towns resident whose father, Joseph Squitieri, was a longtime driver of the library’s bookmobile, challenged the board’s action.
Oliner’s seat is set to expire on June 30, 2029. Under state law, however, because trustees of school district public libraries, such as Peninsula, are elected by district voters, vacancies can only be filled temporarily, until the next election.
Squitieri sought to have the March 12 bylaw amendment annulled, and to require the library to put affected trustee vacancies on the ballot at its next election.
Peninsula challenged the appeal on procedural grounds, but in a decision released Sept. 22, Betty A. Rosa, the state education commissioner, rejected the library board’s arguments.
“I find that petitioners have met their burden of showing that respondents’ actions violated State law and, therefore, were arbitrary and capricious,” Rosa said. “As a remedy, I will direct respondents to place all trustee positions occupied by appointees who are not scheduled to participate in the next annual election of trustees on the ballot in May 2027. Any appointed trustees may continue to serve on, and shall be considered valid members of, their respective boards until that time.”
Rosa ordered Peninsula’s March 12 bylaw amendment annulled and directed the library to modify its charter to conform with the decision within 60 days.
In a statement to the Herald, Lubin wrote that the board disagreed with the decision and would review the matter with legal counsel.
“Our priority is to move the library forward in a constructive and responsible manner,” Lubin wrote. “We will follow the appropriate process and keep the community informed as this matter develops.”
The New York State Library, which is a part of the state Office of Cultural Education, agreed with Rosa’s decision.
“The New York State Library appreciates and agrees with the Commissioner’s decision on this matter,” State Librarian Lauren Moore wrote in email. “We look forward to continuing to work with the Peninsula Public Library and Nassau Library System on how to best serve the community.”
In his statement, Lubin also addressed broader concerns about library operations, writing that the board is working to strengthen the library and address patrons’ frustrations about the availability of certain library services.
“We hear and understand our patrons’ concerns and frustrations, and the Board is doing its best to address them while navigating these challenges,” Lubin wrote. “We greatly appreciate the community’s continued support and partnership as we work to build a Library that brings our community together and serves all of its members.”
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