CAPELL&HOWARDP.c. Christopher W. Well~ Sr.

ATTORNEYS AT LAW Attorney & Shareholder

334 241 8066 direct

March 21, 2024

Via Certified Mail with Return Receipt Requested and FedEx Overnight
Autauga-Prattville Public Library Board of Trustees
ATTN: Chair Ray Boles
Vice Chair Rachel Daniels
Treasurer Logan Strock
Secretary Doug Darr
Gloria Kuykendall
·Quincy Minor
254 Doster Street
Prattville, AL 36067

RE: DEMAND FOR REINSTATEMENT, LIBRARY ACCESS, AND A NAME-

CLEARING HEARING

Dear Board of Trustees:

This letter is written on behalf of Mr. Andrew Foster ("Foster") to demand (1) his
immediate reinstatement as Library Director of the Autauga-Prattville Public Library (the
"library"); (2) restoration of his right to access the library; and (3) a name-clearing hearing
before an impartial tribunal. Importantly, Mr. Foster seeks to resolve this dispute and to restore
his good name and reputation in the community without the need to resort to costly and time-
consuming litigation.

I. INTRODUCTION

This dispute arises out of the unfortunate and entirely unnecessary events surrounding the
1
Autauga-Prattville Public Library Board of Trustees' ("Board") decision to terminate Mr.
Foster's employment as Library Director. For your reference, we will briefly set out the relevant
events below.

At the outset, we unequivocally state that Mr. Foster has never sought to frustrate or
interfere with the Board's implementation of any decision regarding the removal or segregation
of controversial books from the library. Rather, he has sought clarification from the Board on
multiple occasions regarding the Board's specific and collective desire and, in particular: (1)
whether the Board desired to completely remove certain books from the library or simply label

1
As used herein, the tenns "Autauga-Prattville Public Library Board of Trustees" and "Board" may refer to the
Board and its members, in their official and/or individual capacities.
 Page 12

and relocate the books within a designated area of the library, and (2) precisely which books the
Board wanted Mr. Foster to remove or relocate.

On multiple occasions, Chairman Boles and the Board's counsel, Laura Clark ("Mrs.
Clark"), provided Mr. Foster contrary and countermanding instructions. When he sought
clarification and asked the Board to take up the matter in an open meeting and publicly vote on
the books to be removed or relocated, Chairman Boles, Mrs. Clark, and members of the Board
apparently interpreted that action as hostile and uncooperative and began searching for a thinly
disguised pretext to terminate his employment and replace him. To compound matters, and in an
effort to destroy what remained of his good reputation, Chairman Boles and Mrs. Clark used the
media (television, radio, and newspaper) to publicly accuse Mr. Foster of committing criminal
acts and of lying.

This is your one opportunity collectively as a Board, and in your individual capacities, to
set the record straight and restore Mr. Foster to his former position as Library Director. I strongly
urge you to take advantage of this opportunity rather than subjecting the taxpayers to costly and
protracted litigation.

II. RELEVANT FACTS

Mr. Foster served as the Library Director for the library from July 2023 until the Board
terminated his employment during an executive session of a special meeting called on March 14,
2024. The library has been at the forefront of controversy in recent months due the adoption of a
new "Collection Development Policy," which many in the community consider a policy
primarily targeted at the LGBTQ community. Under the Collection Development Policy, a "red
warning label" is to be "prominently" affixed "on the binding of any book or other material in
the library's collection containing content including, but not limited to, obscenity, sexual
conduct, sexual intercourse, sexual orientation, gender identity, or gender discordance and
advertised for consumers 18 and older." However, "[m]aterials concerning biology, human
anatomy, or religion are exempt from this rule." The Collection Development Policy reserves the
right to the Board "to exercise discretion over all library material, including but not limited to
books, movies, artwork, displays and programming."

On February 26, 2024, Chairman Boles met with Mr. Foster and provided him a
document listing the titles of 113 books contained in the library's collection (the "list"). A true
and correct copy of the list is attached hereto as Exhibit 1. Chairman Boles asked Mr. Foster to
review the books on the list and to highlight any books that Mr. Foster believed did not have
sexual content. Chairman Boles stated that he was going after books that had discussions of sex
and sexuality. We have a recording of this conversation. At no point did Chairman Boles or any
member of the Board ever identify the original source of the list. Mr. Foster learned only recently
by Chairman Boles' public statements that he obtained the list from a group he referred to as
"mad mommas."

On March 1, 2024, in response to Chairman Boles' request, Mr. Foster emailed him a
detailed breakdown of his findings and impressions based on his review of the books on the list.
A true and correct copy of the email is attached hereto as Exhibit 2. Mr. Foster identified eight
 Page 13

(8) books on the list that would require further clarification from the Board respecting their status
under the Collection Development Policy. Mr. Foster further identified forty-eight (48) books on
the list that appeared to have sexual content and ninety-five (95) books on the list that have at
least a tenuous connection to LGBTQ content. Mr. Foster was hesitant to make certain
conclusions regarding the books' compliance with the Collection Development Policy due to the
vague, undefined terms contained in that policy and the lack of Board guidance.

On March 4, 2024, Chairman Boles met with Mr. Foster and reviewed his findings.
During the conversation, Mr. Foster expressed his concerns regarding the vagueness of certain
terms contained •in the Collection Development Policy. Chairman Boles discussed red-tagging
the books and asked Mr. Foster whether the red-tagged books needed to be moved. He told
Chairman Boles that the policy was unclear and that he was unsure what to do with the books
pending the final determination of their status under the Collection Development Policy. Mr.
Foster also told Chairman Boles that, pursuant to the Collection Development Policy, he
considered the decision to relocate books to be a matter within the Board's discretion that should
be determined by a vote of the Board in a transparent manner at an open meeting. Chairman
Boles advised Mr. Foster that he did not want the books removed from the library, but rather
labeled for eventual placement in an adult section where parents could still find them. Chairman
Boles agreed that a vote should be held at the Board's May meeting. Contrary to Chairman
Boles' recent public statements, he specifically asked Mr. Foster to keep the books "in the back"
(Mr. Foster's office) at that time and until the Board could meet in May to hold a vote on the
matter. We have a recording of this conversation. In fact, Chairman Boles was aware that Mr.
Foster was recording all of his conversations.

On March 5, 2024, Mr. Foster received an email from Mrs. Clark wherein she took a
position wholly inconsistent with Chairman Boles' March 4, 2024 conversation with Mr. Foster.
A true and correct copy of the email is attached hereto as Exhibit 3. Throughout her email, Mrs.
Clark spoke in terms of removing books from the library's collection, not in terms of relocating
them. However, Chairman Boles told Mr. Foster on numerous occasions (including the day
before he received this email from Mrs. Clark) that the Board merely intended to relocate the
subject books, not remove them from the collection. Nonetheless, Mrs. Clark stated that
Chairman Boles asked Mr. Foster "to weed out books that violate" the Collection Development
Policy. According to Mrs. Clark, by proceeding under the library's "weeding" policy,2 a vote of
the Board approving Chairman Boles' decision to remove the books would not be required. With
respect to Mr. Foster's request for clarification of the status of the eight (8) books under the
Collection Development Policy, Mrs. Clark informed Mr. Foster that either she or any Board
member could make such a policy compliance determination on a book-by-book basis.
Importantly, nowhere in the email is this communication designated as an attorney-client
communication or as confidential in any way.

On March 8, 2024, Chairman Boles called Mr. Foster and recommended that everyone
meet to discuss what to do with the books. Chairman Boles specifically acknowledged that Mr.

2
Pursuant to the Library's "Weeding" Policy, "[m]aterials are candidates for weeding if they are: Misleading and/or
factually inaccurate; worn out beyond mending or rebinding; superseded by a new edition or better source; trivial (of
no discemable literary or scientific merit); irrelevant to the needs and interests of the community; available
elsewhere (the material may be easily borrowed from another source); not aligned with the selection criteria."
 Page 14
,
Foster and Mrs. Clark had different positions on this issue and that there was disagreement
among the Board members. Chairman Boles expressed concerns that maintaining the books in
Mr. Foster's office for months-on-end would create an appearance of book banning. As a result,
Chairman Boles suggested that Mr. Foster and the members of the Board confer, either by
committee or otherwise, for further clarification with respect to resolving this issue and for
reviewing the books. We have a recording of this conversation.

On March 7, 2024, Mr. Foster received a request for information pursuant to Alabama's
Open Records Law from Jacob Holmes ("Mr. Holmes"), a reporter with the Alabama Political
Reporter. Pursuant to his job duties and applicable law, Mr. Foster responded to Mr. Holmes's
request. As- part of his response, Mr. Foster included copies of his March 5, 2024 email
correspondence with Mrs. Clark (discussed above).

On March 11, 2024, Mrs. Clark sent an email (subject line: "Open records requests") to
all members of the Board and Mr. Foster. In her email, Mrs. Clark stated that "any
communication from [Mrs. Clark] to [Mr. Foster or Board members] is privileged and
confidential." A true and correct copy of the email is attached hereto as Exhibit 4. Mrs. Clark
further stated that any such communication "thus cannot be disclosed in an open records request
or any outside person. Such actions are strictly prohibited by law." Notwithstanding the fact that
there is no such prohibition, this was the first and only occasion that Mrs. Clark, or anyone else,
had instructed Mr. Foster not to provide internal emails in response to open records requests.
Thereafter, Mr. Foster complied and provided no other internal emails despite other open records
requests seeking the same information.

On March 12, 2024, Chairman Boles sent Mr. Foster an email wherein he requested that
Mr. Foster post notice of "an emergency meeting at city hall on March 14, 2023 at 4 pm." A true
and correct copy of the email is attached hereto as Exhibit 5. Chairman Boles' email contained
no further information. As a result, Mr. Foster called Chairman Boles to inquire about the
purpose of the "emergency meeting" so that he could draft the meeting notice in accordance with
applicable law. In that telephone conversation, Chairman Boles told Mr. Foster that the purpose
of the "emergency meeting" was to "discuss the good name and character of someone" . . . and
that he "needed to be there too." Chairman Boles provided no further details and never advised
Mr. Foster that he was the subject of the meeting or that the Board was considering the
termination of his employment. We have a recording of this conversation.

At 4:02 p.m. on March 14, 2024, the Board called its "emergency meeting" to order.
Within seconds, a motion was made to convene an executive session of the Board. Contrary to
the requirements of the Alabama Open Meetings Act, the motion to convene did not state any
purpose for the executive session. The motion carried, and the Board entered executive session.
Mr. Foster quickly learned for the first time that the purpose of the executive session was the
termination of his employment. During the executive session, Chairman Boles became hostile;
he accused Mr. Foster of releasing confidential internal emails in response to Mr. Holmes's Open
Records Law request; and he stated that Mr. Foster should not have responded to Mr. Holmes'
request at all because it was not submitted on the proper form. Chairman Boles then immediately
informed Mr. Foster that he had the choice to resign or have his employment terminated by the
Board. Indeed, Chairman Boles presented Mr. Foster with a crude, preprinted, fill-in-the-blank
 Page 15

form resignation letter and demanded his immediate decision. A true and correct copy of the
proposed resignation letter is attached hereto as Exhibit 6. Additionally, moments into the
executive session, Chairman Boles asked Mr. Foster if he was recording. Mr. Foster answered in
the affirmative, and Chairman Boles told him that his recording was a "a major violation of the
law"-whi ch it was not. Mrs. Clark chimed in and further stated that Mr. Foster's recording was a
"violation of federal law"-which it was not. Mr. Foster immediately and voluntarily ceased
recording. We have a recording of the open session and the first part of the executive session
until Mr. Foster is improperly instructed to stop recording.

After a brief consultation with his counsel, Mr. Foster informed the Board that he would
not voluntarily resign his position. The Board returned to regular session, and Vice Chair Rachel
Daniels made a motion to terminate Foster's employment "for revealing confidential information
to the press and violation of criminal law." The motion carried. In reality, the Board had already
deliberated and made the decision to terminate Mr. Foster's employment before the March 14
special meeting, as evidenced by Chairman Boles' statement that the Board was either
terminating Mr. Foster's employment, or he could voluntarily resign. In other words, the decision
to terminate Mr. Foster's employment was a fiat accompli before the Board reconvened in open
session to vote on termination.

Immediately after the Board's meeting concluded, Chairman Boles offered a copy of the
Board's preprinted press release to members of the press. Like the preprinted form resignation
letter Chairman Boles offered Mr. Foster, this press release was prepared prior to the Board's
vote to terminate Mr. Foster's employment. To be sure, the preprinted press release initially
stated that Mr. Foster's employment was terminated "for revealing confidential information to
the press." However, the Board chose to add to the preprinted, typed press release the
handwritten phrase "and violation of criminal law." Thus, the statement, collectively and as
modified, stated at the time of its release to the press that Mr. Foster's employment was
terminated "for revealing confidential information to the press and violation of criminal law."
The fact that the press release was prepared and ready to be distributed even before the Board
voted on the termination motion is further evidence that the Board had improperly deliberated
and made its decision to terminate Mr. Foster's employment before it convened the March 14,
2024 meeting.

Shortly after the Board's meeting concluded, Mr. Foster returned to the library to bid
goodbyes to his colleagues. At all times during his visit, Mr. Foster remained in the patron areas
of the library. Mr. Foster was not disruptive, nor did he instruct anyone on the premises to be
disruptive. Soon after Mr. Foster arrived at the library, Chairman Boles arrived as well. Then,
without any explanation whatsoever, Chairman Boles demanded that Mr. Foster vacate the
library premises and announced that he was permanently "banned" from the library. Many
witnesses and members of the news media observed this interaction.
 Page 16

III. VIOLATIONS OF THE OPEN MEETINGS ACT

OMA VIOLATION No. l: The Board's Failed to State the Purpose for the Executive Session in
its Motion to Convene the Executive Session.

Pursuant to the Alabama Open Meetings Act ("OMA"), the Board may hold an executive
session "only" for certain enumerated purposes. ALA. CODE § 36-25A-7(a) (1975) (emphasis
added). One such purpose is "[t]o discuss the general reputation and character, physical
condition, professional competence, or mental health of individuals." Id. § 36-25A-7(a). As
discussed above, the Board's notice for its March 14, 2024 special meeting stated that the
meeting's purpose was to "discuss the good name and character of someone." However, while
purportedly convening the executive session at its March 14, 2024 special meeting, during its
open session, the Board failed to set forth, by motion, the purpose of the executive session.
Rather, the Board simply voted on the motion to convene the executive session without stating
the executive session's purpose. That failure by the Board constitutes a violation of the OMA. To
be sure, in order for an executive session to be properly convened, "[a] majority of the members
of the governmental body must adopt, by recorded vote, a motion calling for the executive
session and settine; forth the purpose of the executive session." Id. § 36-25A-7(b)(2)
(emphasis added). Therefore, the Board's failure to set forth the purpose of the executive session
when it voted on the motion to "convene" the executive session constitutes the Board's first
relevant violation of the OMA (hereinafter, the "First Violation").

OMA VIOLATION No. 2: The Board Engaged in Improper Deliberations and Made the
Decision to Terminate Mr. Foster's Employment Prior to the
March 14, 2024 Special Meeting and Prior to Convening in
Executive Session.

As set forth in the plain text of the OMA, "[i]t is the policy of this state that the
deliberative process of governmental bodies shall be open to the public during meetings as
defined in Section 36-25A-2(6) of this act."3 ALA. CODE§ 36-25A-l(a) (1975) (emphasis added).
In other words, a governmental body may not deliberate and/or make decisions in private. Nor
may a governmental body privately poll members on how they intend to vote or attempt to
persuade them on how they should vote. Yet, that is precisely what the Board did here. When Mr.
Foster entered into the Executive Session of the March 14, 2024 special meeting, the Board
immediately informed him that the decision had been made to terminate his employment unless
he immediately tendered his resignation. In fact, as previously noted, the Board provided
Mr. Foster with a crudely crafted, preprinted letter of resignation, demanding his immediate
decision. What's more, the Board had already prepared a written press release regarding Mr.
Foster's termination prior to the special meeting. Indeed, the Board made handwritten additions
to the preprinted, typed press release during the special meeting. Then, when Mr. Foster refused
to resign during the executive session, the Board reconvened in open session to simply ratify the
improper decision it had already made prior to the special meeting, that is, to terminate Mr.
3
Pursuant to Section 36-25A-2(6), the tenn "meeting" includes "[t]he gathering, whether or not it was prearranged,
of a quorum of the governmental body during which the members of the governmental body deliberate specific
matters that, at the time of the exchange, the participating members expect to come before the full governmental
body at a later date." ALA. CODE§ 36-25A-2{6)(a)(3) (1975).
 Page 17

Foster's employment. Thus, while Mr. Foster appeared at the special meeting under the incorrect
assumption that there would be a discussion regarding "someone's reputation and character," in
reality, the Board immediately confronted Mr. Foster with its predetermined decision of the
termination of his employment, i.e., a fiat accompli. The Board's actions constitute an intentional
violation of the OMA's prohibition against deliberating or voting in private, i.e., outside of an
open meeting.

OMA VIOLATION No. 3: The Board Engaged in Improper Discussions During the Executive
Session. •

Even if the Board had properly convened the executive session at its March 14, 2024
special meeting (which it did not), for the reasons set forth below, it violated the OMA again by
discussing improper matters during the executive session.

For purposes of the OMA, "general reputation and character" means "[c]haracteristics or
actions of a person directly involving good or bad ethical conduct, moral turpitude, or suspected
criminal activity, not including job performance."4 ALA. CODE§ 36-25A-2(3) (1975) (emphasis
added). On the other hand, "job performance," for purposes of the OMA, means:

The observed conduct or actions of a public employee . . . while on the job in

furtherance of his or her assigned duties. Job performance includes whether a
person is meeting, exceeding, or failing to meet job requirements or whether
formal employment actions should be taken by the governmental body. Job
performance does not include the general reputation and character of the person
being discussed.

Id. § 36-25A-2(5) (emphasis added). Importantly, "discussions of[] job performance ... may not
be discussed in an executive session if the person is . . . a public employee who is one of the
classification of public employees required to file a statement of economic interests with the
Alabama Ethics Commission ...." Id. § 36-25A-7(a) (emphasis added). Here, assuming that the
Board "convened" the executive session for the purpose stated in its meeting notice, i.e., to
"discuss the good name and character of someone," it violated the OMA twice when it discussed
Mr. Foster's "job performance" and considered Mr. Foster's discipline or dismissal.

As noted above, during the purported executive session, the Board informed Mr. Foster
that it had made the decision to terminate his employment or to accept his resignation in lieu of
termination for sharing certain internal emails in response to an Open Records Law request.
Thus, the Board discussed Mr. Foster's alleged "observed conduct or actions" and/or alleged
"fail[ure] to meet job requirements" (i.e., sharing "confidential" emails) and further discussed the
formal employment action the Board had already decided to take against Mr. Foster (i.e., the

4
Although the Board wrongly claimed that Mr. Foster had committed a criminal violation by recording a portion of
the executive session, that matter was not at issue until after the session had already been convened. The only matter
at issue when the special meeting convened was Mr. Foster's release of internal emails in response to an Open
Records request. That matter clearly concerns the "observed conduct or action of a public employee," which cannot
under the OMA be addressed in an executive session because it concerns Mr. Foster's 'job performance." Even so,
the executive session is a nullity because the motion to convene did not state any purpose for the executive session.
 Page 18

Board's predetermined decision to terminate Mr. Foster's employment). As a result, the Board
clearly discussed Mr. Foster's "job performance" during its executive session, not his general
reputation and character. In fact, Chairman Boles specifically criticized Mr. Foster's job
performance in accepting an Open Records Law request from reporter Jacob Holmes that
purportedly was not submitted on the correct form. Importantly, because Mr. Foster's position as
Library Director required him to file a statement of economic interests with the Alabama Ethics
Commission, discussion of his ')ob performance" falls squarely within the OMA's prohibited
subject matter for executive sessions. See id. § 36-25A-7(a) ("discussions of[] job performance .
. . may not be discussed in an executive session if the person is ... a public employee who is one
of the classification of public employees required to file a statement of economic interests with
the Alabama Ethics Commission ....") (emphasis added).

At the same time, during its executive session, by considering Mr. Foster's discipline or
dismissal and discussing Mr. Foster's "job performance," specifically, how Foster responded to
and handled an Open Records Act request, rather than discussing his "general reputation and
character," the Board committed another, distinct violation of the OMA. In particular, the OMA
prohibits the Board from "discuss[ing] matters other than those subjects included in the motion
to convene [the] executive session." Id. § 36-25A-9(b)(3). As noted above, the Board failed to
include in the motion to convene the executive session any subject for discussion. However,
even assuming the Board convened the executive session for the purpose stated in its meeting
notice (i.e., "to discuss the good name and character of someone"), the Board violated the OMA
when it considered Mr. Foster's discipline or dismissal and discussed Foster's "job performance"
rather than his "general reputation and character." To be sure, "consider[ation] [of] the discipline
or dismissal of . . . a public employee" and "discuss[ion] [of] the job performance of certain
public employees" are separate and distinct purposes for convening executive session from
discussion of an individual's "general reputation and character." Id. § 36-25A-7(a)(l)--(2). See
also id. § 36-25A-9(b)(3) (creating a cause of action where defendant members of governmental
body "discussed matters other than those subjects included in the motion to convene an executive
• . . . .'').
session

OMA Violation No. 4: The Board Failed to Give Proper Notice of its March 16, 2024 Special
Meeting.

Moreover, pursuant to the OMA, "notice of a meeting ... shall be posted as soon as
practicable after the meeting is called and in no event less than 24 hours before the meeting is
scheduled to begin . . . ." ALA. CODE § 36-25A-3(b) (1975). There are only two narrow
exceptions to this rule. Notice may be given "as soon as practical, but in no case less than one
hour before the meeting is to begin," if such notice: (1) "is prevented by emergency
circumstances requiring immediate action to avoid physical injury to persons or damage to
property;" or (2) "relates to a meeting to be held solely to accept the resignation of a public
official or employee." Id.

The Board held a special meeting at 9:00 a.m. on March 16, 2024, wherein the Board
voted to appoint Tammy Bear as Interim Library Director. The Board did not post notice of its
March 16, 2024 special meeting, however, until shortly after 10:00 AM on March 15, 2024, less
than twenty-four hours before the special meeting. Nothing about the meeting notice mentioned
 I

Page 19

an emergency, and an audio recording of Chairman Boles discussing the meeting makes no
mention of any emergency, nor does his tone indicate any emergency. The only dispute
concerned the temporary removal of the books from the library. Chairman Boles, however, has
admitted he learned about the temporary removal of the books after the Board had appointed the
Interim Director. Further, the books were returned to the library at 11 :38 a.m. Contrary to claims
by Mrs. Clark, there was no property damage or threatening behavior by the brief, peaceful
protest at the library regarding Mr. Foster's wrongful termination. In fact, the only threatening
behavior occurred when Chairman Boles removed a reporter from the library and in the process
opened the door into a female patron coming into the library. She called the police to report
Chairman Boles' conduct. In other words, Mrs. Clark appears to have concocted a post-hoc
emergency to rationalize the Board's clear violation of the OMA's twenty-four-hour minimum
notice requirement. Therefore, the Board's failure to give proper twenty-four-hour notice of its
March 16, ·2024 special meeting constitutes the Board's fourth relevant violation of the OMA
(hereinafter, the "Fourth Violation"). See id. § 36-25A-9(b)(l) (creating a cause of action where
defendant members of governmental body "disregarded the requirements for proper notice of the
meeting").

IV. DENIAL OF DUE PROCESS

Due Process Violation No. 1: The Board Published False and Stigmatizing Statements
Regarding the Termination of Mr. Fosier's Employment,
thus Creating a Due Process Right to a Name-Clearing
Hearing.

The Board has also violated Mr. Foster's due process rights under the Fourteenth
Amendment to the United States Constitution. The Fourteenth Amendment to the United States
Constitution provides that "[n]o state shall . . . deprive any person of life, liberty, or property
without due process of law." U.S. CONST. amend. XIV. The United States Supreme Court has
held, and the Eleventh Circuit Court of Appeals has restated, that "[a] government employee's
liberty interests are implicated, and with them the requirements of procedural due process,
whenever a state terminates the employee and makes a 'charge against him that might seriously
damage his standing and associations in his community."' Johnston v. Borders, 36 F.4th 1252,
1272 (11th Cir. 2022) (quoting Bd. ofRegents of State Coils. v. Roth, 408 U.S. 564, 574 (1972)).
"In this situation, 'where a person's good name, reputation, honor, or integrity is at stake because
of what the government is doing to him, notice and an opportunity to be heard are essential."' Id.
(quoting Roth, 408 U.S. at 574). As a result, the Eleventh Circuit has held "that when an
employer publishes a false and stigmatizing statement about an employee in connection with
[his] discharge, due process requires a meaningful opportunity to clear one's name-through
what is called a 'name-clearing hearing,' upon request-whether before or after the termination
or publication." Id. (collecting cases).

The Board and/or Chairman Boles set forth the alleged reasons for the termination of
Mr. Foster's employment in a written statement released shortly after the Board voted to
terminate Mr. Foster's employment. The stated reasons are both categorically false and highly
stigmatizing. Furthermore, after the Board improperly terminated Mr. Foster's employment,
Chairman Boles, as Chairman of the Board, and Mrs. Clark, as counsel for the Board,
 -
Page 110

intentionally defamed Mr. Foster by stating to various media outlets that Foster (I) had
committed criminal acts in violation of the OMA, ALA. CODE Section 36-25A-6 and/or
Alabama's criminal eavesdropping statute, ALA. CODE Section l 3A-1 l-30, and (2) had revealed
confidential information. Chairman Boles further defamed Mr. Foster by stating to the press that
he had ignored or disregarded the directives of the Board by refusing to review the books and by
refusing to return the books to the shelves in the adult section. For your convenience, we have
attached a list of the links to the various articles containing the defamatory and libelous
statements. See Appendix A

Anyone reading these statements would reach the false and damaging conclusion that Mr.
Foster has engaged in criminal conduct, illegally disclosed confidential documents, and
disobeyed or ignored directives by the Board, thus causing great damage to Mr. Foster's standing
and association in the community and excluding him from future employment opportunities in
direct violation of his due process rights under the Fourteenth Amendment to the United States
Constitution.

For these reasons, Mr. Foster demands a formal hearing before an impartial tribunal to
afford him an opportunity to clear his name by responding to the aforementioned defamatory and
stigmatizing statements.

Due Process Violation No. 2: Chairman Boles and/or the Board Banned Mr. Foster from the
Library Without Due Process.

Pursuant to the Library Policies, the "library director may ban persons [from the library]
for serious offenses." Library Policies, p. 32 (emphasis in original). However, pursuant to those
Policies, the person to be banned is afforded several due process protections. For instance,
"[w]hen a person is being banned, they will receive a letter from the Library Director outlining
the library policy on disruptive behavior and the offense or offenses which caused the library to
take action." Id. The banned person may then meet with the Library Director to "discuss the
situation" and the details of the ban. Id. In any case, the Library Director's decision to ban a
person "may be appealed to the Autauga-Prattville Library Board of Trustees in writing." Id. The
banned person is then entitled to a full hearing on the ban in front of the Board. Id.

As noted above, Chairman Boles informed Mr. Foster shortly after the Board's vote to
terminate Mr. Foster's employment that Mr. Foster was "banned" from the library and he
directed Mr. Foster to leave the library premises. However, pursuant to the Library Policies, the
initial decision-making authority with respect to the decision to ban a person from the library is
delegated to the Library Director, not the Board (or its individual members). This alone should
end the inquiry. Moreover, to the extent the Library Policies grant the Board appellate review of
a ban, the policies afford the banned person entitlement to a full hearing on the merits in front of
the Board. Thus, without formal collective Board action, in a meeting conducted pursuant to the
OMA, Chairman Boles' purported "ban" of Mr. Foster from the library premises is unjust and
illegal. In other words, an individual Board member, acting alone, wholly lacks authority to ban a
patron from the library. See ALA. CODE § ll-90-3(a) ("The library board shall have full power
and authority to ... [m]anage and control the said library .... ") (emphasis added).
-
Page 111

Moreover, the purported ban of Mr. Foster from the library raises serious First
Amendment concerns. The First Amendment protects the right to receive information. See
Stanley v. Georgia, 394 U.S. 557, 564 (1969). "This right to receive information 'includes the
right to some level of access to a public library, the quintessential locus of the receipt of
information."' Neinast v. Bd. ofTrs. of Columbus Metro. Libr., 346 F.3d 585, 691 (6th Cir. 2093)
(quoting Kreimer v. Bureau of Police for the Town of Morristown, 958 F.2d 1242, 1255 (3d Cir.
1992). The Board has failed to articulate any reason or point to any policy in support of Mr.
Foster's "ban" from the library. As a result, its decision will not withstand First Amendment
scrutiny.
V. DEMAND FOR REINSTATEMENT, LIBRARY ACCESS, AND A NAME-CL EARING HEARING

Mr. Foster takes these attacks on his character and reputation and the violation of his due
process rights very seriously. According, demand is hereby made that the Board, on or before
March 29, 2024,

(I) correct its actions by reinstating Mr. Foster to his former

position as Library Director;

(2) restore Mr. Foster's access to the library; and

(3) offer Mr. Foster a name-clearing hearing before an impartial

tribunal.

Further, by this letter, the Board is placed on official notice of this dispute and its
constituent members are required to undertake steps to affrrmatively preserve, and not delete, any
and all physical and electronic documents, materials, information, and data, including without
limitation all emails, text messages, instant messages, Facebook posts or comments, and letters
(including communications among and between members of the Board and their
communications with the news media), and memoranda, handwritten notes, typewritten notes,
audio and/or video recordings, etc. that pertain in any way to Mr. Foster, the Library Board, and
any and all statements made therein, and/or might otherwise be relevant or related to the
foregoing matters. All sources of documents, materials, information, and data should be
preserved, including, without limitation, physical files, electronic and digital files, computer
servers, email servers, backup tapes, cloud storage, personal computers, hard drives, smart
phones, tablets, and other types of storage devices including external drives, thumb drives, zip
drives, disks, and DVDs.

Failure to respond will leave Mr. Foster with no alternative but to consider all available
legal remedies against the Board and against each member of the Board in their official and
individual capacities, including but not limited to, claims for violations of the Alabama Open
Meetings Act and claims under 28 U.S.C. Section 1983 for deprivation of Mr. Foster's
Fourteenth Amendment due process rights under the United States Constitution. In the event that
a lawsuit is commenced, Mr. Foster will also seek his attorneys' fees and costs consistent with
applicable laws permitting recovery of attorneys' fees and/or costs.
 I

Page I 12

As stated at the outset of this letter, however, Mr. Foster seeks to resolve this dispute and
to restore his good name and reputation in the community without the need to resort to costly and
time-consuming litigation. I strongly urge the Board to take advantage of this opportunity and
correct the actions taken against Mr. Foster by reinstating him to his position as Library Director,
restoring his access to the library, and offering him the opportunity to clear his name.

•stopher . Weller
Counsel for Andrew Fosier
cc: Andrew Foster

L
 EXHIBITS
EXHIBIT DEsemfflolfi
1 Ra Boles Book List
2 03/01/2024 Director Foster email to Chairman Boles re: Review of Book List
3 03/05/2024 Laura Clark Email to Director Foster re: Book Weedin
4 03/11/2024 Laura Clark Letter re: 0 en Records Re uests
5 03/12/2024 Chairman Boles Email to Director Foster re: 03/14/2024 Emergency
Meetin
6 Pre rinted Resi nation Letter
 EXHIBIT 1
Ra y Boles Book Lis t
 Ray Boles Book List

Chobsky, Stephen
.,., !!'e perks c.·t~~!r.? ~- ~~?,ll~~~~!lr YN=

'"
1 The upside of Unrccwitcd Albertolll, Becky YAF
-- \ ( , ( ' \ \ \ . ,~.,,ft 1 ,.,.,.--.t=
•'t.\ To<ll)" t>oth di~ Ol the Cl"ld Silvera, Adorn VAF
.,...,,. \..(.,\f\°l.. , ..... ,, ,,...,, .• , ;·

..,... Thirteen Rrosoos Why Asher, Joy YAF

't"'"' r .....1..,f
Unravel Me t",.-, •.. t
Mofi, Tohereh YAF
!ilf''I' ,.,

~., Vampire Acodemy Mead, Richelle VAF

!ltif'• .. "'' , __,,...,'4

Vivion Lontz's second chances Ormsbee, Kathryn YAF

- "'•~n~
... r Where I end & r,ou Begin Norton, Preston YAF
- U•t t'I> , 'l•.,.,I <.. "'-,.t-
VOlO Myracle, louren YN=

4855-8413-4575.vl
 7

Tille Auth or Section

-
BeiAQ Y<?':-1: a first conversation abou t gend
•
er Madison, Megan

Geron, Eric
Children

C::hildren

-
Bye bye, Binary
Children

-
Calvin Ford, Ronald
... • *1 • •

the Pincus, Meeg Children

Door by door : how Sarah McBride become
tor
-
first open ly trons gend er sena
\. C• I· 1 r.
Konemura, Mork Children

-
I om a rainb
t"""I
•
ow # ...

Neal, Trinity Children

My rainb ow
- \.(,C'll"-
Holl, Mich ael Children
Red, a croi<; m's story ~, ,.~,or c:lycf<.y,c.•
- .::, •. SJ,t.f _,, l\.,u.,. r~
u.r.,.
Ayala-Kronos, Chris Children
The Pronoun Book
-
Together:
lC.f.~.

o first conversation abou t love

' r,l!-: •. _
,,,,,_
Madison, Megan Children

Children
Madison, MegoA I
Yes! No! A first Copversotion abou t Consent
1h su-,1 ~.-,+<,.

Sanderson, Ruth Juvenile 1

A storm of..: horses
- Le.••·,
Melleby, Nicole Juvenile
~mp t9Y:tltbag
Bury, Katryn Juvenile
Drew LeCl air Gets a Clue
u·,.:.-~'.
-
t Hong, Gemma Juvenile
Ever ythin g you always wanted to know abou "
pube rty... and shou ldn't learn on TikTok for
curio us girls
Passchier, Andy Juvenile
Gend er Iden tity for Kids
_, t.<.P;"I(,)

Grimm, Govin Juvenile

-
J ude Save
_,.
a kid like Gavin
If you'reI..C.~'!Cl

s the World
1..c.e,1Q
Riley, Ronnie

Stein, Josh ua David

Juvenile

Juvenile
Lunc h from home
.... L<.l)TQ

Callender, Kacen Juvenile

,
.....
Moonflower
L<-e:n;.
lie Oseman, Alice Juvenile
•1t" Nick and Char
~"""' ,.,.•#• -
_. 1.(,/lTI: '
Juvenile

----
Dovis, Rachael
Over the rainb ow
l.(,R1(\

LaPensee, Elizobeth Juvenile

,.ic ~
1
Rabb it Chos e
lC.Q'tG
Juvenile

-
Clark, Zack Loro n
The lock eate r
l<,P.Tr:-
Thor. Rosiee Juvenile
The mea ning of pride
...... le.~':.'
 Medino, Nico Juvenile
.,,,Who\l§f\\ge olds crisis
......., Whot was stonewall Medino, Nico Juvenile
•t~·(\

Levlthon, David YAF

we almost kissed (and one time we did} Sharpe, Tess YAF

_,.6 times,,,o~
•• Acting the port Ellor, ZR YAF
_,,. U•l':t~

,_, Alice Austen Lived Here Gino, Alex YAF

\.C.Cl"I'~

---
.,,.. Ander onti ,$anti were here
- 1-,~,...
Garza Vlllo, Jonny YAF

Levithon, David YAF

!:'swer\~~~ f.~.~:~ _,"
..,J

...,,. Aristotle and Donte discover the secrets of the Saenz, Benjamin YAF
universe / Benjamin Alire Saenz. Alire
dlJI/# t.:-•·~o

Bianco Torre is ofroid of everything Winans, Justine YAF

... lf.8'1~

Blaine for the win Couch, Robbie YAF

LC.&1~

Mccafferty, Megan YAF

,....
-
CampL:..:.- . ...
Cheer upl: lpve ond pompoms I <::rystol Frasier
Rosen,Lev

Frasier, Crystal
YAF

YAF
: illustrated by Val Wise ; letters by Oscar 0.

C
•
-
Jupiter.tc.l?.iQ
hefs choice
l.C.l3TQ.
.
!.<~• •. , : .-- r.L
Alexander, T.J.

Chefs kiss Alexander, T.J.

- l,e-r<i. :,•,' ,~,... ..

Clockw~~~~r}!l"\~~s Clare, Cassondra Y/lF

.i,s Concrete Rose Thomas, Angie Y/lF

e,l':c., ,La.Ill u~...~?( ;,"<jl\•,;+)

..
,..
Constellations
1.C.tTG.
Glosheen, Kate Y/lF

... C:::ut McCormick, Patricia

Darius the.great is not okay Khorrom, Adib YAF I

-:,4-"'1?

....< Different Kinds of Fruit Lukoff, Kyte Y/lF

- \.G61Q.

,:!, Eleanor & Park

11...,,~ ...,.,.,'
Rowell, Rainbow YAF 1

"" Emergency Contact

!,e.~ ....,, , ~ .,..;.
Mary HK Choi Y/lF

Emma ond the love spell Ireland, Meridith YAF

... t.C.e;rQ

EvertlaY Levithan, David Y/lF

- Lc.B'f~~
 Santopolo, Jill Y/lF • S\,..\.,., ,,. v
..
Everythi~W<t,.!~~~ ~f-

.,o, Felix ever ofter Callender; Kocen Vftr

u.~,o (tr •• ' c,,,,'1.-\'~

1,.t'(f' Fir.te: o comic about gender Ewing, Rhea YAF, -i'-'-"'

C,.S
....
.._ \.C•t\10

Forbidden
~".I' t.r-"-,,.•
Suzumo, Tabitha VAF
,,..\ Forever Blume, Judy VAF
w."" \ r•.-ft,..'I
Franki and Bug Foremon, Gayle YAF
.. U,flt(:

YAF

-
,,r~ Galoxy:'ik~+\,cJ½ S\...t Axelrod, Jadzlo
- ueTI).

Girl on the line Gordner, Faith YAF

\.4fSTO

''" .. Go Ask Alice Anonymous VN=

t(,.,I cw.......

Godly Heathens Edgmon, H.E. YAF

...
... t,t,'tt'

a..tt--•,
Going Bicoastal Adler; Dahlia YAF
\.r.e,,o, Su.• ,, """"''
. ~-.

,!~'-
--
Green
,,..... Heortstopper Volume 1
-
ue.,I)

L'-d'fQ

Heartstop.,eer Volume 2
Gino, Alex

Oseman, Alice

Oseman, Alice
VAF
YAF
YAF
.,... lr.••.•~

r..
'!..,ortstoR~«;[ Volume 3 Oseman, Alice YN=
, , •!.,
Heartstop~r
_ LC,.,l<it
Volume 4 Osemon, Alice YAF
Hold me closer
\.{•~Q
levithan, David YAF
,-
,\to\ How it All Blew UP.
&.l,jl"n), ,,... .., {(~l'lt
Ahmadi, Arvin YAF
rus. I om Margaret Moore Capin, Hannah YAF

-
~. "''' :C'"~"f
I kissed share wheeler McQuiston, easey YAF
1.e>irtQ

-
If this gets out
"<,P,-rQ • ,,,..1\
,
f'M(t't
t Gonzoles, Sophie YAF

-
Kiss & tell Khorram, Adib YAF
\.f-li Q, So..nl "~"\

rJrS L8r, G8r Myracle, Lauren YAF

~(~VI\\ !•"'fnf
r,t1.•~
Lost Night at the telegraph club Lo, Malinda VAF
- l.t.G'T~ • k~,.I ~w.-.~
,J~
Looking for Alosko Green,John YAF
~-·,.. \ (~"'½-. t
,,;1,t.

-
Loveless
l"'E.1\l , r•• ,..-.1 tQl'\4.tr.t
Osemon, Alice VAF

-
..• r ':,
Magic Boy The Kao v~
l<.rttc:t
 Block, Dustin Lonee YAF • ,.,_.,,.~A ''
Momo's boy. o story from our Americas e
_ 1:4110

Miles owoy from you Rutledge, A B YAF

_ L~810, ltY~A.I ""~"

-
My Fair Brody Kennedy, Brion YAF
L6ClTO

Nothing burns os bright os you Woodfolk, Ashley YAF

_ ~ert\, -:.t)11"l c~"t?
YAF
-
Albert, Annabeth sw.\J '"
Out of character 1 ,.,.,"'t-.f
1\9
L&BTQ. ~o~.,

People Kill People Hopkins, Ellen YAF

-
,c-,
"4~N:, lc."-1,,11 ! rt-•~--t

Rona Joon and the one & only now Etaot, Shideh YAF
,,.. ~:.e-ic

..es Relish: My life in the kitchen Knisley, Lucy YAF

Nt,l,n•

-
SC.'(,•I' \

IJ! 1 Rumble Su.,,, I c~,.j

Hopkins, Ellen YAF
L,e\C~? 1

She gets the girl Lippincott, Rachael YAF

~Cl'> Shiver Stiefvoter; Maggie YAF

sc.v."" l rto ,,I(., -

,.,.~ So this is ever ofter . Lukens, F.T. Y/!F

,,_. LC.B'TQ, $C, .., I (No~ .. i

Sofi and the bone song Tooley, Adrienne Y/JF

- \t,e,:~
Someday levithan, David YAF
_... i .. ~ra'
• ··~ Spin with me Polansky, Ami YAF
_. LC,'1110
t.J:J The absolutely true diary of .Q. part-time Indian Alexie, Sherman YAF
&SIOG ' ~A, ... \ "'~~.., MCl!,1 ,., . ,; ' ••

.Jof The Best laid Plans . Lund, Cameron YAF

$L ""-" I t(vi,,,,,

The Chandler legacies Nozemion. Abdi YAF

~,--. t..t'\• "dt\"""

-
,-,o, The Civil ¥.br\.of Amos
.
Abernathy Leoli, Michael YAF

-
The dead ond the dork Gould, Courtney YAF
Ue,rQ

T he Duff:Dt-••~I. ~,.,~ 'fr,t"c\ Keplinger; Kody YAF

(C.to,A \ (•.\'10\ J.

The Hote You Give Thomas, Angle YAF

&90<-, tu.~I to,,'•·•-

The Haters Andrews. Jesse YAF

,4;J.,:rr U-''<"'4-
,.
-
tc.rvt. \

""' The Lie Rutkoskl, Morie YAF

~P'; The Luis Orteaa survival ould!! , t, Reyes, Senora YAF

,.... '-'-iTQ, ,c,11.. I Atr"",Hnttt• '"""' • •,

uci The most dazzling girl In Berlin Wilson, Kip YAF

--- Lc,a~, Mi.,..1 ••to11 ,.

•J'S The one true me ond you England, RemJ YAF

...- L'6fq
F

EXH IBIT 2
03/01/2024 Dire ctor Fost er email
to Chai rman Boles re: Review of Book List
 7

Children-YAF list

Andrew Foster <afoster@appl.info >

Fri 3/1/202" 4:S7 PM
To:Ray Boles .;fA)'Otaybolos.not>
Cc:Ooug Darr <t>.ssdan-OgmAll.com> ;Glorl11 Kuykond11ll <gclc I 210@gma
ll.com >;Logan Strock <lstrock797Ogmall.com> ;Quincy
Minor <qmlnorOchllrtt'f.ntt~;Racht!I 011niols <rdanl~lsllbrnry@gm
all.com>

I 1 .1ttnchmcmts (372 1\8)

Libr.")' Ro,ud list Mli'llysis.pclf:

As requested, I've taken the lime to go through the list that you gave me
on
attached my notes and highlighting to this email. Please forgive any parts the 26t~. I've
that are·difficult to
read due to my handwriting/pencil not scanning clearly. Per your Instruct
ions on. the 26th,. all
highlighted materials are ones that do not seem tQ have explicit sexual
content or !ntercoorse
based on the research I was able to do. Any clarification from the board
on how th1s list was
created and how/why the books on it were chosen would be appreciated
so I can understand
the guidelines used/intended.

There are 8 books that I need clarification for why they were in.clu.ded
based on the research
rve done this week, as they do not even seem to fit within the library policy
unless it is ~ken in
the broadest possible strokes. Those titles were ~ - a Crayon's Story,
(According to the author.
this is a book about his ~xperi~nce with. ciyslexia), Yes! No! A First Cop~er
Consent (No LGBTQ, no sexual content), AStorm of Horses (The best satjon about
I can assu~ is that this
was targeted becaus_e some believe th~t Rosa ~onheur, m~y have been
a .lesbian, but that is
not stated in the book), ~ g You Always Wanted To Know About
Puberty•. , And
Shouldn't Learn =on TikTok for Curious Girls (This is a book about biology
, which is exe.mpted in
the policies), (This book s_eems le> b~· atio~t. ~~lf.;.harm, but that is not covered in the
policies), Darius the· Great Is Not Okay; (This ·book seems to have some
nudity, but none of it is
sexual ·in nature), Eleanor & Park (ifhis book. seems to :contain abuse
and bullying, but no
sexual intercourseiconduct), and ~ g After (Thi$ book seems to
mosUy revolve around
miscarriage and the struggles ~ssocic1ted With it). These clarifications
do not even include other
books that would fall under the biology exception (such as possibly ~
g You: AFirst
Conversation about Gender) or some other books that I also struggle
d to understand their
inclusion {including· ~..Qa y,).

By my best count, 95 out-of the 113 books on the list (84%) are include
d for LGBTQ content.
though several of the LGBTQ connections are tenuous at best. Howev
er, without th95e
connections for several of the books, I am unsure why those titles were include
d on the list. 58
of those books (51%) seem to be Included solely for LGBTQ conten
t.

Only 48 of the 113 books on the 11st (42%) seem to have sexual content based
on the research 1
was able to do, though I would need to actually confirm in the books before
I could make an
actual informed Judgment. The line I tried to draw for this was ~nythtng tn the
book beyond
kissing, whether explicit or not. As rve stated before, I need· guidance in what
qualifies as
'sexual conduct' as defined by the policy since that Is a very broad spectrum.

There were also 6 books on the list that weren't even In th$ section
that the list claimed them to
be (YAF). Four books on the list are already shelved in the adult fiction
section one fs shelved
in the adult graphic novel section, and one in the adult biography section
. Whll~ these titles are
certainly candidates for the red warning label system that was created in
the policy changes,
 EX HI BI T3
03/05/2024 La ura Cl ark Em ail to
Director Fo ste r re: Book Weeding
 Open Meetings Act and book removal
Laura Clark <laurac1ark8319@gmail.com>
Tue 3/S/2024 S:45 PM
To:Rachel <rachetelizabethwood@gmail.com >;Ray@rayboles.net <Ray@raybolff.net> ;lstroclc797@gmall.com
<lstrock797Ogmail.com >;gck121O@gmall.com <gd<121 0Ogmall.com >;bassd1rrOgm1il.com <bassdarr@gmail.com >;
Rdllb.bo1rd@9m1ll.com <Rdllb.board@gmail.com>;qminor@charter.net <qminor@charter.net>;Andrew Foster
<afoster@appl.info >
Andrew,
You asked a question regarding the book list and whether they can be removed without the vote of
the whole board in a meeting subject to the Open Records Act.
The short answer is the books may be removed without a meeting of the board subject to the Open
Records Act.

The Open Records Act attaches when a meeting involving a quorum of a committee or a whole board
convenes to discuss ang/or make decisions on a matter related to their purpose.

Book removal can be initiated the following ways:

1. At the request of a patr9n who went through the material reconsideration process
2. Through the normal course of weeding.

If it is done through the request of a patron who went through the material reconsideration process,
then it must be done through a meeting and d'ecision of the committee and the board subject to the
Open Meetings Act.

If it is done through the normal course-of weeding, then a meeting is not required.

In this c.ase; you were asked by the board chairman to weed out books that violate the policy. You
asked for examples. The Chairman advised you with a list of examples and asked you include them in
your weeding out
Thus it is not necessary the whole board meetto discuss this and be subject to the Open Meetings
Act

The Board has the right to exercise ultimate discretion over the book collection. They have done so
here by enacting a.policy that is to guide you as you weed out the books.

If a book does not violate the policy, that is a horse of a different color.

For dealing with books on that list that you believe do not violate the policy, you may ask for an
explanation on each title. I am $Ure one of the board members or myself would be happy to take a
look and advise whether it violates the policy and why.

Feel free to shoot me an email if you have any further questions,

Laura Clark

L J
 EXHIBIT4
03/11/2024 Laura Clark Letter
re: Open Records Requests

J
 Open records requests
Laura Clark <lauraclark8319@gmail.com>
Mon 3/11/2024 6:16 PM
To:Rachol <rachclcll211bNhwood@gmnll.com>;RayOraybolcs.nct <Ray@rayboles.n1t>;Rdlib.board@9mal1.com
<Rdlib.bo1rdOgm11ll.com>;Andrcw FostC!r <a<ostC!r01ppl.lnfo>;bassdarr@gmall.com <bassdarr@gmail.com>:
gck1210@gm1ll.com <gck1210@gmnll.com>:lstrock7970gm1i1.com <ls1rock797@gmall.com>
All,
Please be advised that any communication from me to you Is privileged and confidential. It thus
cannot be disclosed in an open records request or any outside person. Such actions are strictly
prohibited by law.
Thank you,
Laura Clark

4874-3880-2863. V)