Prattville library attorney will not retract statement regarding former director

The children's section of the Autauga-Prattville Public library on Feb. 23, 2024. In the past few months, controversy has swirled about the materials found on the shelves of the children's section. (Ralph Chapoco/Alabama Reflector)

The attorney representing the Autauga-Prattville Library’s Board of Trustees said Tuesday she would not apologize for or withdraw any statements made about the dismissal of the library’s director.

In a letter to Christopher Weller, an attorney for former director Andrew Foster, Laura Clark, general counsel for the board, wrote that allegations that she defamed Foster were “baseless in law and fact” and suggested further action.

“Although I have no desire to sue Mr. Foster, if you sue me, then I will be forced to bring a compulsory counterclaim concerning his defamatory statements about me,“ the letter said.

Foster declined comment on Tuesday.

Foster was terminated by the Board on March 14 after members alleged that he released confidential information to the press and for violating criminal law. The board provided no evidence that Foster had violated the law.

The allegation that Foster released confidential information was part of a records request that a news organization filed that sought emails between Foster, the Board and Clark discussing how best to implement the new policies that board members adopted during the Feb. 8 meeting.

Weller sent Clark and Board of Trustees Chair Ray Boles several letters on Friday demanding that Foster be reinstated as director of the library and that  Boles and Clark retract statements they made in public about him, along with a correction and subsequent apology.

After a news outlet filed a records request for emails between Foster and the board, Boles requested Foster publish a notice that the Board was convening a special meeting to discuss a library employee. The employee was Foster and the meeting was to discuss his termination.

Immediately after starting the meeting, the members went into executive session for 20 minutes before coming back into open session and announced Foster’s termination. Boles told the media who attended that no one would talk to the press, but produced a written statement that outlined the reasons for Foster’s termination.

Weller said Clark made defamatory statements about Foster committing a criminal act when he recorded the conversations that took place during the executive session, and that he revealed confidential information to the press when he fulfilled the records request from the media outlet. Weller said Alabama is a one-party consent recording state.

Clark said almost all the statements she made were to the library and that they amount to privileged communications between herself and her clients, the members of the library board.

“One party consent is enough unless the law provides otherwise,” Clark said. “In this case, the Open Meetings Act provides that government meetings may openly be recorded ‘except while in executive session.’ Thus, this provision provides an exception to the general rule that recording is allowed if one party consents.”

Clark also said there would be a high bar to prove malice.

“You will have to prove by clear and convincing evidence that I made the statements in question either (1) knowing they were false or (2) with a reckless disregard for the truth,” Clark wrote in her response. Clark said her statements were truthful, but even if they were not true, “there is no way under the circumstances of this case that you can meet the burden of proof.”

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