Former Prattville library director sues governing board over termination

Autauga-Prattville Public Library Director Andrew Foster demonstrates how a magnifying machine works in the Alabama section of the library on Feb. 23, 2024. (Ralph Chapoco/Alabama Reflector)

The former director of the Autauga-Prattville Public Library sued the library’s governing board this week, alleging his termination came after the board violated Alabama’s Open Meetings Act.

Andrew Foster’s lawsuit, filed Wednesday in Autauga County Circuit Court, came just over two weeks after the Autauga-Prattville Public Library Board of Trustees fired him at a March 14 meeting.   The claims, should they be proven valid in court, would invalidate decisions made and pave a path for Foster to be reinstated.

“The motion to convene the March 14, 2024 executive session of the Board was made by Defendants without stating any purpose for the executive session,” according to the first count of the lawsuit.

Foster asked the court to reinstate him, declare that the Open Meetings Act was violated and assess a civil penalty “not to exceed $1,000.”

Christopher Weller, Foster’s attorney, sent a letter to board members and board attorney Laura Clark on March 21 demanding that his client be reinstated as the library’s director, and that board chair Ray Boles and Clark apologize for correct, and retract statements that allegedly defamed Foster.

Clark has since been replaced as the library’s attorney in representing the library in suit related to Foster. She has also refused to retract statements she made about Foster in a response she sent March 26.

Both Foster and Weller said Boles requested Foster’s resignation or face termination on March 14, accusing him of releasing confidential information to the public. Foster said he was responding to an open records request from a media outlet.

Weller’s letter states that Boles became agitated during the meeting. He also asked Foster if he was recording the meeting. Foster said he was, and Boles then told him it “was a major violation of the law.”

Foster refused to sign a prepared letter of resignation after consulting with his attorney. Board members then moved to terminate him.

After meeting for about 20 minutes, the trustees returned to open session and proceeded to terminate Foster and adjourned the meeting. In a statement left for the press, the board accused Foster of sharing confidential information but also included an additional reason scrawled in pen, “violation of criminal law,” over the recording. Alabama is a one-party recording state and the board did not offer evidence of a crime being committed.

Foster’s lawsuit alleges board members misstated the purpose of the meeting, which was supposed to be to discuss the character of an employee, but was instead a conversation about Foster’s job performance.

It also alleged that members discussed matters in executive session that were not included in the motion to go into executive session, and that the board  had already decided to end Foster’s employment with the library even before convening the March 14 meeting. The proof, the complaint alleges, is in the statement that Boles released to the media.

“The premeditated nature of the press release was further evidenced by the addition by Defendants of certain handwritten words regarding events that occurred during the March 14, 2024 executive session of the Board,” the statement reads.

Another count deals with a meeting that took place two days after Foster’s termination, where Tammy Bear, a library employee, was appointed interim library director. The notice for that meeting was published at 10 a.m. March 15 for a meeting that took place the following morning. That is less than 24 hours that is required based on rules in the Open Meetings Act.

Issues regarding the library have embroiled and divided Prattville and Autauga County for more than a year. A parent last year objected to a book that used inclusive pronouns other than male or female.

Critics of the library organized a group called Clean Up Alabama. Members began to read passages from books they believed contained sexually explicit material and were inappropriate to be included as part of the collection.

Another group, Read Freely Alabama, organized in opposition and accused Clean Up Alabama of trying to remove books for having LGBTQ+ characters or themes. The two groups have clashed at city council and county commission meetings, urging local elected officials to adopt their views.

Clean Up Alabama won out, managing to convince county commissioners to appoint board members largely sympathetic to their cause. Board members then adopted a new set of policies during the February 2024 meeting.

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