2002 GODORT resolutions

91´«Ã½

RESOLUTION CONCERNING EXECUTIVE ORDER 13,233, FURTHER IMPLEMENTATION OF THE PRESIDENTIAL RECORDS ACT

WHEREAS, the people's right of access to government information is the cornerstone of our democratic society; and

WHEREAS, public access to government information is vital to maintaining governmental accountability; and

WHEREAS, the public's right of access to information concerning the activities of its government is better served when ownership of the records of public officials is vested in the public; and

WHEREAS, the Presidential Records Act of 1978 (PRA), 44 USC 2201-2207, establishes the public ownership of presidential records and requires that restrictions to their access be of limited duration and not to exceed twelve years; and

WHEREAS, The Presidential Records Act requires that any restrictions to their access meet clearly defined statutory criteria; and

WHEREAS, Executive Order 13,233 effectively denies the public's legitimate right of access to presidential records under the PRA by giving an incumbent and former presidents expanded veto power over any public release of materials by the Archivist of the United States; and

WHEREAS, the Executive Order restricts the public's access to information by invoking vastly expanded assertions of Constitutional executive privilege over public information; now, therefore, be it

RESOLVED, that the 91´«Ã½ urge Congress to reaffirm the principles of public access embodied in the Presidential Records Act of 1978; and be it further

RESOLVED, that the 91´«Ã½ urge Congress to amend the Presidential Records Act as necessary to reaffirm the intent of Congress that Presidential records be made generally available to the public with limited statutory restrictions by the end of twelve years.

Endorsed by GODORT Legislation Committee January 21, 2002 Endorsed by GIS January 21, 2002

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RESOLUTION CONCERNING GOVERNMENT INFORMATION AND SECURITY

WHEREAS, the people's right of access to government information is the cornerstone of our democratic society; and

WHEREAS, many government agencies have removed or limited access to government information since the terrorist attacks of September 11, 2001; and

WHEREAS, government agencies have reduced access to vital health and safety information for the general public on their websites; and

WHEREAS, United States Geological Survey (USGS) requested the Superintendent of Documents to instruct Federal Depository Libraries to remove and destroy the USGS Open File Report 99-248: Source-Area Characteristics of Large Public Surface-Water Supplies in the Conterminous United States: An Information Resource Source-Water Assessment, CD-ROM; and

WHEREAS, freedom of information access to vital economic, social and research data is likely to be diminished by the October 12, 2001 memorandum from Attorney General John Ashcroft; and

WHEREAS, the 91´«Ã½ has a long record of action in support of public access to information collected, compiled, produced and disseminated by or for the government of the United States; and

WHEREAS, the 91´«Ã½ recognizes the federal government's legitimate interest in protecting national security and public safety while preserving public access; now, therefore, be it

RESOLVED, that the 91´«Ã½ urge Congress and government agencies to ensure that public access to government information is maintained absent specific compelling and documented national security or public safety concerns regarding the information in question.

Endorsed by GODORT Legislation Committee January 21, 2002 Endorsed by GIS January 21, 2002

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RESOLUTION ON THE FEDERAL ACTIVITIES INVENTORY REFORM (FAIR) ACT, P.L. 105-270

WHEREAS, federal libraries provide critical support to the formulation and implementation of federal policies through research and information collection; and

WHEREAS, federal librarians create, maintain, and acquire databases, information systems, and publications on behalf of the government, many containing substantial amounts of sensitive information; and

WHEREAS, federal librarians represent the U.S. Government in numerous national and international organizations and forums; and

WHEREAS, federal librarians play a key role in making government information available to the public through web sites, print collections and direct public services; and

WHEREAS, OMB has directed federal agencies to compete 5 percent of theri work force positions that have been designated "not inherently governmental"; and

WHEREAS, lack of recognition of the critical role of federal libraries and other federal information organizations has led many federal libraries to be designated as "not inherently governmental" by their agencies; now therefore it be

RESOLVED, that 91´«Ã½ support the designation of federal libraries and information centers as "inherently governmental" functions.

Endorsed by FAFLRT January 20, 2002 Endorsed in principle by GODORT Legislation January 21, 2002 Endorsed in principle by GIS January 21, 2002

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REQUEST THAT 91´«Ã½ FORM AN AD-HOC COMMITTEE ON ACCESS TO GOVERNMENT INFORMATION

GODORT and GIS requests that, in consultation with the Chair of GODORT and the Chair of GIS, the President of 91´«Ã½ immediately appoint an Ad Hoc Committee with membership drawn from GODORT, COL-GIS, Intellectual Freedom, ACRL, AFLRT and other 91´«Ã½ units to gather information and recommend to 91´«Ã½, policy regarding government information issues in light of current security concerns. A preliminary report to be presented to COL at Annual Conference 2002.

Issues within the scope of the proposed Ad Hoc Committee include, but are not limited to:

Maintaining publicly available bibliographic records for publications and web sites removed from public access;

Obtaining legal advice regarding the government’s authority to withdraw or restrict access to government information when the public’s right to know and the security and safety concerns of our nation are in conflict;

Developing clear criteria and procedures for assessing public access to government information;

Preserving and archiving copies of original government information removed from public access so that after a period of time and subsequent re-evaluation, full public access could be restored.

Endorsed by GODORT Legislation Committee 21 January 2002 Endorsed by COL-GIS 21 January 2002 Endorsed in principle by GODORT 21 January 2002

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RESOLUTION COMMENDING MICHAEL F. DIMARIO

WHEREAS, Michael F. DiMario has served as the 23rd Public Printer of the United States; and

WHEREAS, Mr. DiMario has brought to the office of Public Printer over thirty years of experience in several high-ranking positions in the Government Printing Office (GPO); and

WHEREAS, during Mr. DiMario’s tenure as Public Printer, the GPO has achieved significant advances in printing and information dissemination and has been named the top in-plant operation by In-Plant Graphics magazine four years in a row (1998-2001); and

WHEREAS, as directed by Congress and in close consultation with the library community, the GPO under Mr. DiMario has successfully created a more electronic Federal Depository Library Program (FDLP) without losing sight of the principles on which the Program was founded; and

WHEREAS, the award-winning GPO Access, created under Mr. DiMario’s guidance, is one of the primary reasons for the success of the more electronic FLDP; and

WHEREAS, GPO Access, one of the largest and most used government web sites, serves as a model for free permanent public access to electronic Federal government information, with well over one billion documents retrieved since it went online eight years ago; and

WHEREAS, Mr. DiMario has routinely sought and used the input of librarians and other Federal government information users in order to ensure that changes in policies and procedures at the GPO enhance, not limit, access to information; now, therefore, be it

RESOLVED, that the 91´«Ã½ commend Michael F. DiMario, 23rd Public Printer of the United States, for providing the leadership through which the Government Printing Office has shown innovation in printing and electronic dissemination as well as the promotion of free and permanent access to government information for all.

Endorsed in principle by GODORT Legislation Committee, June 16, 2002. Endorsed in principle by FAFLRT, June 17, 2002. Endorsed in principle by the 91´«Ã½ Committee on Legislation Ad hoc Subcommittee on Government Information, June 17, 2002. Endorsed in principle by GODORT, June 17, 2002.

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RESOLUTION COMMENDING FRANCIS J. BUCKLEY, JR.

WHEREAS, Francis J. Buckley, Jr., has served as the Superintendent of Documents since December 1997, promoting the people's "right to know" and continuing the electronic transition of the Federal Depository Program; and

WHEREAS, Mr. Buckley has been an active member of the 91´«Ã½ since 1974, serving on Council and chairing the Government Documents Round Table and a number of committees, including the Ad Hoc Committee to Form a Coalition on Government Information and the 91´«Ã½ Committee on Legislation Subcommittee on Government Information; and

WHEREAS, for more than twenty years he has been an advocate for reform of laws affecting the dissemination of government information, serving as a member of the Ad Hoc Advisory Committee on the Revision of United States Code Title 44 of the U.S. Joint Committee on Printing, chairing the Inter-Association Working Group on Government Information Policy, and serving as a former member and chair of the Depository Library Council to the Public Printer; and

WHEREAS, he has a distinguished record of service in public libraries, serving as director of the Shaker Heights (OH) Public Library from 1994 to 1997, and holding numerous positions in the Detroit Public Library from 1966 to 1994, including working as a reference librarian, documents specialist, and Associate Director for Public Service; and

WHEREAS, Mr. Buckley served as President of the Michigan Library Association and the Michigan Documents Round Table, and has been active in several state library associations; and

WHEREAS, he also has a long standing record of civic involvement, including serving as an advocate for literacy programs and intellectual freedom issues; now, therefore, be it

RESOLVED, that the 91´«Ã½ commend Francis J. Buckley, Jr., for his dedication and service to the Federal Depository Library Program and to ensuring free and equitable public access to government information; and be it further

RESOLVED, that the 91´«Ã½ commend Francis J. Buckley, Jr., for his leadership in and advocacy of libraries and government information through his service on 91´«Ã½ Council and committees, on the Government Documents Round Table, and government and inter-association bodies.

Endorsed in principle by GODORT Legislation Committee, June 16, 2002. Endorsed in principle by FAFLRT, June 17, 2002. Endorsed in principle by the 91´«Ã½ Committee on Legislation Ad hoc Subcommittee on Government Information, June 17, 2002. Endorsed in principle by GODORT, June 17, 2002.

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RESOLUTION ON SUPERINTENDENT OF DOCUMENTS FY 2003 S91´«Ã½RIES AND EXPENSES APPROPRIATIONS

WHEREAS, public access to government information is vital to a democratic society and the economic well-being of the nation and the American public; and

WHEREAS, the Government Printing Office (GPO) Federal Depository Library Program (FDLP), reaches the entire nation through its geographically dispersed system of over 1,300 depository libraries and is the primary provider of no-fee public access to federal government information regardless of format; and

WHEREAS, GPO supports the information needs of businesses, researchers, students, and the general public through the Federal Depository Library Program; and

WHEREAS, over 225,000 electronic titles are available to the public through the award-winning GPO Access system which attracts 31 million downloads per month; and

WHEREAS, user needs cannot be met exclusively by electronic dissemination, thereby requiring GPO to maintain multiple format distribution systems; and

WHEREAS, this request ensures current and permanent public access to government information through partnership programs with federal agencies and depository libraries, electronic government information locator services, bibliographic control of electronic government information and the International Exchange Program; now, therefore, be it

RESOLVED, that the 91´«Ã½ urge Congress to fund fully the Government Printing Office S&E appropriations for FY 2003 at $34.1 million requested by the Public Printer; and, be it further

RESOLVED, that the 91´«Ã½ urge Congress to reaffirm the government's responsibility to provide federal government information products in formats most appropriate to the public's needs and to ensure the permanent public access of federal information in all formats; and, be it further

RESOLVED, that the 91´«Ã½ urge Congress to reaffirm its commitment to GPO Access and the Federal Depository Library Program services and collections and to sustain critical functions, such as collecting, producing, cataloging, indexing and distributing government publications from other agencies, and the continuation of the International Exchange Program.

Endorsed in principle by GODORT Legislation Committee, June 16, 2002. Endorsed in principle by FAFLRT, June 17, 2002. Endorsed in principle by the 91´«Ã½ Committee on Legislation Ad hoc Subcommittee on Government Information, June 17, 2002. Endorsed in principle by GODORT, June 17, 2002.

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RESOLUTION ON EXECUTIVE AGENCY PROCUREMENT OF PRINTING AND DUPLICATING

WHEREAS, the Office of Management and Budget (OMB) Memorandum M-02-07 proposes executive branch policy allowing agencies to produce or procure their own printing without going through the Government Printing Office (GPO); and

WHEREAS, the impact on public access to government information through the Federal Depository Library Program was inadequately addressed by the memorandum; and

WHEREAS, OMB has recommended that Chapter 48, Subpart 8.8 of the Code of Federal Regulations (Federal Acquisitions Regulations) be amended to reflect the policy outlined in OMB Memorandum M-02-07; and

WHEREAS, public comment on the proposed regulations to amend the Federal Acquisitions Regulations has not yet been requested; and

WHEREAS, Title 44, Section 501 of the United States Code requires Executive branch agencies to procure their printing through GPO; and

WHEREAS, for over a century GPO's role as central coordinator of printing has facilitated the procuring, indexing, cataloging, and distributing of government information to the public; and

WHEREAS, the decentralization of printing for executive branches as proposed in the memorandum would disrupt the efficient link between production and cataloging, indexing and distribution of government information; and

WHEREAS, the decentralization of printing would disrupt the dissemination of government information through the Federal Depository Library Program, the GPO Sales Program, the Library of Congress International Exchange Program, By-Law distribution to the National Archives, Senate and House Libraries, the Library of Congress and GPO Access; and

WHEREAS, OMB claims there will be savings of $50 million to $70 million by permitting agencies to perform or procure their own printing, while GPO’s analysis shows that if all executive branch printing were to be removed from GPO, the cost to the Government could potentially increase over current levels by $231.5 million to $335.2 million in the first year, and from $152.8 million to $256.5 million annually thereafter; and

WHEREAS, a recent study from the Department of Health and Human Services, "Review of the National Institutes of Health Printing Program," documented that large amounts of government information produced outside of GPO are not sent to Depository libraries in compliance with Title 44, Chapters 17 and 19 of the United States Code; and

WHEREAS, a 1998 management audit of GPO by Booz-Allen & Hamilton Inc., under contract to the General Accounting Office, found widespread support in the executive branch for GPO's services; and

WHEREAS, the 91´«Ã½ has long supported a centralized procurement program for printing services; now, therefore be it

RESOLVED, that the 91´«Ã½ urge OMB to ensure executive agencies’ compliance with Title 44 of the United States Code; and be it further

RESOLVED, that 91´«Ã½ urge OMB solicit public comment on the proposed regulations to amend the Federal Acquisitions Regulations through the Federal Register; and be it further

RESOLVED, that the 91´«Ã½ urge appropriate Congressional committees to hold hearings on OMB Memorandum M-02-07 to assess and address its fiscal impact and potential effect on dissemination to Federal Depository Libraries and public access to government information.

Endorsed in principle by the GODORT Legislation Committee, June 16, 2002. Endorsed in principle by the 91´«Ã½ Committee on Legislation Ad hoc Subcommittee on Government Information, June 17, 2002. Endorsed in principle by GODORT, June 17, 2002.

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RESOLUTION CONCERNING H.R. 4187, PRESIDENTIAL RECORDS ACT AMENDMENTS OF 2002

WHEREAS, the Presidential Records of 1978, 44 USC 2201-2207, affirmed the public's legitimate right of access to presidential records; and

WHEREAS, Executive Order 13,233 substantially denies that right by giving incumbent and former presidents expanded veto power over any public release of materials by the Archivist of the United States; and

WHEREAS, Executive Order 13,233 restricts the public's access to information by invoking vastly expanded assertions of Constitutional executive privilege over public information; and

WHEREAS, the 91´«Ã½ urged Congress to amend the Presidential Records Act as necessary to reaffirm the intent of Congress that presidential records be made generally available to the public with limited statutory restrictions by the end of twelve years; and

WHEREAS, H.R. 4187, the Presidential Records Act Amendments of 2002, would amend the Presidential Records Act by establishing procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records; and

WHEREAS, H.R. 4187 would allow privilege claims only by the former President during whose term of office the record was created, and the incumbent President; and

WHEREAS, H.R. 4187 would require that these claims state the nature of the privilege and the specific grounds for the claim; and

WHEREAS, H.R. 4187 would place strict limits on the time allowed for the submission of claims and on any related embargo on the release of public records; and

WHEREAS, H.R. 4187, upon the expiration of these statutorily defined periods, would require the Archivist to make publicly available any records subject to a privilege claim submitted by a former President unless otherwise directed by a court order; and

WHEREAS, H.R. 4187 would nullify Executive Order 13,233; therefore, be it

RESOLVED, that the 91´«Ã½ reaffirm its support of the public’s legitimate right of access to presidential records; and be it further

RESOLVED, that the 91´«Ã½ support H.R. 4187, the Presidential Records Act Amendments of 2002, and encourage its members to ask their legislators to co-sponsor and support the enactment of H.R. 4187 by the end of the 107th Congress.

Endorsed in principle by the GODORT Legislation Committee, 6/16/02. Endorsed in principle by FAFLRT, 6/17/02. Endorsed in principle by the 91´«Ã½ Committee on Legislation Ad hoc Subcommittee on Government Information, 6/17/02. Endorsed in principle by GODORT, 6/17/02.

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RESOLUTION ON AGENCY GUIDELINES ON INFORMATION QUALITY

WHEREAS, the people's right of access to government information is the cornerstone of our democratic society; and

WHEREAS, continued and permanent public access to government information must be maintained to ensure the present and future accountability of the government; and

WHEREAS, delay or removal of government information inhibits public access and the public's ability to use and evaluate government information and assess government activities; and

WHEREAS, the Office of Management and Budget, in response to Section 515 of the Treasury and General Government Appropriations Act for FY 2001 (Public Law 106-554), has issued Information Quality Guidelines (66 FR 49718, September 28, 2001 and as amended 67 FR 8452, February 22, 2002); and

WHEREAS, federal agencies are in the process of drafting Information Quality Guidelines that must be submitted by agencies to OMB for review by August 1, 2002 and that will go into effect on October 1, 2002; and

WHEREAS, ensuring and maximizing the quality, objectivity, utility, and integrity of information disseminated by federal agencies are important goals that must be accomplished in ways that do not restrict or inhibit access to government information; and

WHEREAS, the guidelines provide for a process of challenge and review for quality of government information that may result in delays in dissemination or removal of the information from public access; and

WHEREAS, the impact of the proposed OMB guidelines will result in an administrative system that will place additional burden on agencies, further straining limited resources available for information dissemination activities; and

WHEREAS, the 91´«Ã½ supports public access to information collected, compiled, produced, and disseminated by and for the government of the United States; now, therefore, be it

RESOLVED, that the 91´«Ã½ urge federal agencies to provide public access to the government information being challenged under the quality guidelines; and be it further

RESOLVED, that the 91´«Ã½ urge Congress to hold hearings that assess the impact of the Information Quality Guidelines on dissemination of and public access to government information.

Endorsed in principle by the GODORT Legislation Committee, June 16, 2002. Endorsed in principle by FAFLRT, June 17, 2002. Endorsed in principle by the 91´«Ã½ Committee on Legislation Ad hoc Subcommittee on Government Information, June 17, 2002. Endorsed in principle by GODORT, June 17, 2002.

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RESOLUTION ON RESTRICTED ACCESS TO GAO REPORT GAO-01-538R

WHEREAS, open, uninhibited access to Federal government information supports a thriving democracy and ensures government accountability; and

WHEREAS, the right to privacy includes the right to open inquiry without having the subject of one's interest examined or scrutinized by government; and

WHEREAS, the General Accounting Office (GAO) has requested that the Government Printing Office (GPO) remove the report entitled The Brady Act: Instant Background Check is not Applicable to Antique Firearms, 2001 (GAO-01-538R) from electronic distribution to Federal Depository Libraries; and

WHEREAS, by requiring the submission of personal information for tracking purposes to obtain a copy of the report, GAO has restricted access to open and anonymous public information; and

WHEREAS, GAO has historically offered open, unrestricted access to its other reports; now, therefore, be it

RESOLVED, that the 91´«Ã½ urge the General Accounting Office to reverse its decision to remove the report entitled The Brady Act: Instant Background Check is not Applicable to Antique Firearms, 2001 from Federal Depository Libraries; and be it further

RESOLVED, that the 91´«Ã½ urge the General Accounting Office to reverse its decision to require submission of personal information for tracking purposes to obtain a copy of the report.

Endorsed in principle by the GODORT Legislation Committee, June 16, 2002. Endorsed in principle by the 91´«Ã½ Committee on Legislation Ad hoc Subcommittee on Government Information, June 17, 2002. Endorsed in principle by GODORT, June 17, 2002.

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RESOLUTION ON SENSITIVE BUT UNCLASSIFIED GOVERNMENT INFORMATION

WHEREAS, the people’s right of access to government information is the cornerstone of our democratic society; and

WHEREAS, public access to government information is vital to maintaining government accountability; and

WHEREAS, the Memorandum from the Information Security Oversight Office and the Office of Information and Privacy, Department of Justice on 'Safeguarding Information Regarding Weapons of Mass Destruction and Other Sensitive Records Related to Homeland Security,' issued March 19, 2002, accompanying the Memorandum on 'Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security' issued by Andrew Card, requests that all department and agencies take necessary and appropriate actions to safeguard sensitive but unclassified information and process Freedom of Information Act (FOIA) requests for records containing such information in accordance with the Attorney General’s FOIA Memorandum of October 12, 2001; and

WHEREAS, 'sensitive but unclassified' has no legal or statutory definition; and

WHEREAS, the 91´«Ã½ supports public access to information; and

WHEREAS, the 91´«Ã½ recognizes the federal government’s legitimate interest in protecting national security and public safety while preserving the public’s right to know; now, therefore, be it

RESOLVED, that the 91´«Ã½ urge the Information Security Information Office and the Office of Information and Privacy, Department of Justice to remove the 'Sensitive but Unclassified' provisions from the Memorandum of March 19th; and be it further

RESOLVED, that 91´«Ã½ urge government agencies to ensure that public access to government information is maintained absent specific compelling and documented national security or public safety concerns.

Endorsed in principle by the GODORT Legislation Committee 6/16/02. Endorsed in principle by FAFLRT 6/17/02. Endorsed in principle by the Ad hoc Subcommittee on Government Information 6/17/02. Endorsed in principle by GODORT 6/17/02.

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MEMORIAL RESOLUTION FOR ROSEMARY ALLEN LITTLE

WHEREAS, Rosemary Allen Little was a lifelong champion of access to government information; and

WHEREAS, Rosemary was a charter member and president of the Documents Association of New Jersey; and

WHEREAS, Rosemary helped found the 91´«Ã½'s Government Documents Round Table (GODORT), through which she furthered awareness of international and foreign government documents, and in which she held numerous positions, including chair of the Workgroup on International Documents (1981-1984) and liaison to the 91´«Ã½ International Relations Committee (1996-2001); and

WHEREAS, Rosemary served as a leader by encouraging the exchange of professional knowledge among librarians world-wide and provided longtime service within the International Relations Round Table (IRRT) of the 91´«Ã½; and

WHEREAS, Rosemary held several positions within the 91´«Ã½ International Relations Committee and served there with distinction as a member from 1986 to 2001; and

WHEREAS, Rosemary served as a mentor to a large number of librarians at various levels in the documents and broader professional community; and

WHEREAS, Rosemary's career began at Princeton University, where she was appointed as a reference librarian in 1961 and was then promoted to the position of Public Administration Librarian in 1964; and

WHEREAS, Rosemary was widely recognized for the expertise she shared with the Princeton student and scholarly community and for the development of a model outreach and instruction program; and

WHEREAS, Rosemary's selfless dedication to the promotion of government information, user education, global exchange of professional knowledge, and mentorship of new librarians is widely recognized; and

WHEREAS, Rosemary's career path constitutes a model of excellence in the areas of mentorship, professional development, and international engagement that should be emulated and widely acknowledged; now, therefore, be it

RESOLVED, that the 91´«Ã½ honor Rosemary Allen Little for her lifelong work supporting access to government information, mentorship, and exchange of professional knowledge across national boundaries; and be it further

RESOLVED, that copies of this resolution be sent to Rosemary's family, the President of Princeton University, the Princeton University Librarian, the Princeton University Library staff, and the Documents Association of New Jersey.

Moved by Larry Romans, Councilor at Large Seconded by Bernadine Abbott Hoduski, GODORT Councilor

Endorsed in principle by GODORT Legislation Committee, June 14, 2002. Endorsed in principle by GODORT International Documents Task Force, June 15, 2002. Endorsed in principle by GODORT, June 17, 2002. Adopted by 91´«Ã½ Council, June 19, 2002.

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