A Snapshot of Indonesian Law (and Indonesia) & the FCIL-SIS Throws a Party

By Julienne Grant

Rheny3Dr. Rheny Pulungan, recipient of the 2016 FCIL-SIS Schaffer Grant, gave a fascinating presentation on July 18 entitled “The Legal Landscape in Indonesia:  Limitations and Possibilities.”  This was actually Dr. Pulungan’s first time in the United States, and she admitted to being a little overwhelmed.  She was headed to NYC after her Chicago visit.

Dr Pulungan began her presentation with a quiz for audience members, “Fun Facts About Indonesia,” which tested us on our basic knowledge of the country, such as the number of islands (around 18,000);  population (about 250 million); and official religions (Islam, Hinduism, Buddhism, Protestantism, Catholicism, and Confucianism). Needless to say, the attendees were a bit stumped and surprised at the answers. The speaker also showed a slide of Indonesia embedded on a map of the United States, and many of us were astonished to see what a large geographic area the country spans.

Indonesia’s legal system is complex, with civil law attributes resulting from the archipelago’s time under Dutch rule.  One region, Aceh, applies Shariah law. Since 1945, Dr. Pulungan explained, Indonesia has been creating its own laws. Starting in the 1970s, efforts began to create a national legal information center that would make Indonesian laws more accessible, and beginning in 2004, laws and court opinions have been regularly posted on Indonesian government websites.

The speaker next turned to Indonesia’s judicial system. At the trial level are 250 district courts, appellate level high courts number 30, and the Indonesian Supreme Court is a court of cassation. There are also specialized courts, including religious courts and military courts, as well as a constitutional court.  The Supreme Court has a website where its decisions are posted, although none are translated into English. Dr. Pulungan described the search functionality of the site as being mediocre and indicated that the Supreme Court does publish a small number of its decisions in print.  In 2012, as part of USAID’s Changes for Justice Project, an electronic case tracking system (SIPP) was established that was designed to promote judicial transparency.  According to the speaker, it is possible to search by case number or party name to locate information.  Dr. Pulungan also noted that court decisions at all levels must be uploaded within three days of rendering.

Decisions of the Constitutional Court (established in 2001) are translated into English and available on the Court’s website.  The Constitutional Court is not an appellate court and its authority is vested in the third amendment to Indonesia’s Constitution.  The Court’s database can be searched by multiple variables, including case number, case name, applicant names, and keywords.  The Constitutional Court’s role is “The Guardian of the Constitution.”

According to Dr. Pulungan, Indonesian legislation is relatively easy to find online, but locating official English translations can be difficult. There are several databases of note that contain Indonesian legislation: the State Secretariat Database (updated daily); Lexadin; some UN agency websites (such as UNODC); and Hukum.  Hukum is the only commercial database available for Indonesian law in both English and Indonesian.

The speaker next turned to secondary sources.  She recommended Cornell University’s “Southeast Asia Program” website and a quarterly publication called Inside Indonesia. She also mentioned the English-language law journal, Indonesia Law Review , which is open access, and the Australian Journal of Asian Law that is hosted on SSRN. The Jakarta Post covers legal news and developments, and Dr. Pulungan also noted the “Indonesia at Melbourne” blog and the website of the University of Melbourne’s Centre for Indonesian Law, Islam and Society.

The speaker closed her talk by emphasizing that translating Indonesian legal materials into English is inherently difficult.  She provided an example of a phrase in Indonesian translated into English by Google Translate as “hiking education,” while a UNESCO document translated it as “educational streaming.” She advised attendees to search for more than one English translation. Dr. Pulungan has created a LibGuide on Indonesian law and told audience members that she was available via email for assistance.

A question from the audience was raised about religious courts, which she explained are unique and preside over family law matters. As an aside, the speaker mentioned that Indonesian couples who marry must be of the same faith; Dr. Pulungan’s husband is Australian, and he had to convert to Islam for a day in order for the marriage to be legal in Indonesia.  Another attendee asked whether any Indonesian court decisions are precedential. There is no precedent, she said, but Supreme Court decisions include practice notes that can influence lower courts.

ReceptionAfter Dr. Pulungan’s excellent talk,[1] audience members headed to the FCIL-SIS reception for foreign visitors.  The reception was well attended, and I enjoyed chatting with FCIL colleagues there. Keith Ann Stiverson, 2015-2016 AALL President, welcomed the guests and announced the numbers of foreign attendees:  27 from Canada, 17 from the UK, 2 from Australia, 1 from Hong Kong, 1 from Ireland, 2 from South Korea, and 1 from Switzerland.  Ms. Stiverson’s remarks were followed by a few words from IALL President Jeroen Vervliet (Peace Palace Library). Mr. Vervliet related his adventures in Hyde Park at the University of Chicago’s Oriental Institute and Frank Lloyd Wright’s Robie House. He also announced that the International Journal of Legal Information has a new publisher (Cambridge) and a new look. Mr. Vervliet presented a copy of the new issue to editor Mark Engsberg (Emory U) who had not yet seen it. Overall, it was a great party, although I admit I could have used a few more coconut shrimp.

 

[1] I will also add that Dr. Pulungan made a fashion statement with her dress constructed with fabric covered with images of books. Loved it.

 

FCIL-SIS Related Programming in Chicago, 2016

SATURDAY July 16, 2016

9:30 AM – 5:00 PM

Two Sides to the United Nations: Working with Public and Private International Law at the U.N. (IIT Chicago-Kent College of Law)

Coordinated by Thomas Mills, et al. and co-sponsored by the International Legal Research Interest Group (ILRIG) of ASIL and the FCIL-SIS. Two specialists, Susan Goard of the UN and Vikki Rogers, Director of the Institute for Int’l Commercial Law at Pace, will engage the audience in an intense full day workshop addressing the major functions of the UN, documentation of the main bodies and specialized agencies, the CISG and its application in international trade, and available UN related research platforms.

SUNDAY July 17, 2016

12:30 PM – 2:00 PM

FCIL-SIS Jurisdictions IG Joint Meeting (Africa, Asia, Latin America, Europe, Indigenous Peoples, Customary & Religious Law, Roman Law) (Hyatt-Water Tower)

Meeting Topics:

  • Welcome and Intro (Susan Gualtier, Louisiana State University School of Law Library) – 5 minutes
  • European Law: Recent Developments in German Law Related to Asylum and Refugees: A Brief Overview for Law Librarians (Jennifer Alison, Harvard Law School Library) – 20 minutes
  • Latin America: Cuban Legal Research Guide (Julienne Grant, Loyola University Chicago Law Library, et al.) – 10 minutes
  • Africa: Updates of the Digitization Case Law Project from South Western Nigeria (Yemisi Dina, Osgood Hall Law School Library) – 20 minutes
  • Indigenous Peoples: Indigenous Peoples and DNA Testing: Friend or Foe? (Steven Perkins, Greenberg Traurig, LLP) – 20 minutes
  • Individual Interest Groups business meetings – 15 minutes

4:00 PM – 5:00 PM

Asian Legal Information in English: Availability, Accessibility, and Quality Control (Hyatt-Columbus EF)

Coordinated by Alex Zhang, participants will learn about resources, tools, and tips for finding existing official ENG translations of primary legal materials in major Asian jurisdictions, the speakers will address the pros and cons of ENG translations and how to discern when ENG translation is not readily available.

5:15 PM – 6:00 PM

FCIL-SIS Foreign Law Selectors IG (Hyatt-Comiskey)

Coordinated by Marci Hoffman.

6:00 PM – 6:45 PM

FCIL-SIS Standing Committees Joint Meeting (Publicity Committee, Internships & Exchanges Committee, and Electronic Research IG) (Hyatt-Field)

Meeting Topics:

  • Welcome and Introduction (Loren Turner) – 5 minutes
  • ERIG: ICRC Customary International Humanitarian Law Database (CIHL database) (Mr. Ismael Raboud, ICRC) – 15 minutes
  • ERIG: LOC Indigenous Law Portal (Steve Perkins, Library of Congress) – 15 minutes
  • Individual Standing Committees business meetings – 10 minutes

7:00 PM – who knows?

AALL Annual Meeting FCIL-SIS Reading Group (place TBD – stay in touch with Dan Wade at Daniel.wade@yale.edu)

Coordinated and lead by Dan Wade, the group will discuss East West Street: On the Origin of Genocide and “Crimes Against Humanity”

MONDAY July 18, 2016

7:30 AM – 8:30 AM

FCIL-SIS Business Meeting and Breakfast (Sponsored by Bloomberg Law, LexisNexis, Thomson Reuters, and Wolters Kluwer) (Hyatt Wrigley)

3:30 PM – 4:15 PM

FCIL-SIS Teaching Foreign & International Legal Research IG (Hyatt-Michigan B)

Coordinated by Catherine Deane, this meeting will present three substantive presentations:

  • Marilyn Raisch (Georgetown University Law Center) will share her experience creating short videos to search databases using Jing
  • Alexis Fetzer (Richmond School of Law) will share her experience as a “non”-FCIL librarian proposing an FCIL research course
  • Nina E. Scholtz (Cornell Law School) will share her thoughts on teaching an experiential research course for international LLM students.

4:30 PM – 5:30 PM

FCIL-SIS Schaffer Grant for Foreign Law Librarian Recipient’s Presentation – Rhenny Pulungan of Indonesia, currently at U. of Melbourne’s Law School Library will deliver a talk entitled The Legal Research Landscape in Indonesia: Limitations and Possibilities (Hyatt-Columbus GH)

5:45 PM – 6:45 PM

International Attendees Joint Reception (AALL/FCIL/IALL) (Hyatt-Crystal Ballroom C)

TUESDAY July 19, 2016

7:30 AM – 8:15 AM

FCIL-SIS Education Committee and 2017 Summit Task Force Joint Meeting (Hyatt-Skyway 265)

8:30 AM – 9:30 AM

Roman Law, Roman Order, and Restatements (Hyatt-Columbus EF)

Coordinated by Marylin J. Raisch, participants will learn about digitization of historical documentation, assess the role of Roman Law and codification’s impact on American legal taxonomies, explore the influence of Roman Law on Restatements.

9:45 AM – 10:45 AM

Poster #24: Are Self-Paced Pre-Recorded Modules Better than Live Instruction for Teaching Basic Legal research Concepts? (Exhibit Hall)

Created by Lucie Olejnikova and Jane Bahnson, this poster session will be on display starting Sunday, July 17, 2016 through Tuesday, July 19, 2016. During the scheduled TUE session, presenters will be available to answer questions. This poster features a study carried out in Duke’s LLM Legal Research and Writing Course intended to measure students’ information retention when subject material was delivered in traditional live in-class lecture as compared to when the same material is delivered via self-paced pre-recorded online module.

11:00 AM – 12:00 PM

Vanishing Online? Legal and Policy Implications for Libraries of the EU’s “Right to be Forgotten” (Hyatt-Columbus KL)

Coordinated by Michael G. Bernier, the attendees will be brought up to date on the status of data protection laws and their allocation outside the EU, understand the obligations under the “right to be forgotten” principle for libraries making personal info public, and consider the line between protection personal privacy against the public’s right to access data.

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It’s Time For Chicago!

Registration is now open for the 2016 AALL Annual Meeting and Conference in Chicago!  In addition to member-discounted pricing, deeply discounted registration rates are available for students and retirees. Nonmember conference registration packages also include a complimentary one-year AALL membership – by joining us in Chicago, you’ll be joining AALL as well!

The FCIL-SIS looks forward to welcoming all attendees to its 2016 Schaffer Grant for Foreign Law Librarians presentation, which will take place on Monday, July 18, from 4:30 p.m. until 5:30 p.m., in Hyatt-Columbus GH. This year’s recipient, Ms. Rheny Pulungan, is Liaison Support Librarian at the University of Melbourne’s Law School Library. As Liaison Support Librarian, she supplies reference services, teaches legal research workshops, and completes collection development projects. Ms. Pulungan holds a Ph.D and Masters degree in International Law from the University of Melbourne, and a Master of Information Studies in Librarianship from the University of Canberra. Previously, Ms. Pulungan received her Bachelor of Laws from Gadjah Mada University in Indonesia, and served as Law Faculty Lecturer at Bengkulu University, where she specialized in international law. Ms. Pulungan’s experience in both Indonesian and Australian law, as well as law librarianship, will be reflected in her presentation, which will treat comparatively access to legal information in both countries.

In addition to the Schaffer Grant presentation on July 18, the AALL Conference will feature the following FCIL-related programming:

Sunday, July 17th

4:00 p.m. – Asian Legal Information in English: Availability, Accessibility, and Quality Control

Tuesday, July 19

8:30 a.m. – Roman Law, Roman Order, and Restatements

11:00 a.m. – Vanishing Online? Legal and Policy Implications for Libraries of the EU’s “Right to be Forgotten”

The FCIL-SIS is also working with the American Society of International Law to co-sponsor a pre-conference workshop to be held on Saturday, July 16 at 9:30 a.m. ($50 additional registration fee applies.)  The workshop, which is entitled Two Sides to the United Nations: Working with Public and Private International Law at the UN, is designed to equip all law librarians with foundational knowledge of the United Nations and CISG (both of which have recent significant changes to their online databases), and to increase their fluency with the major U.N. and CISG documents, information, research resources, and strategies.

If you are presenting on an FCIL-related topic in Chicago and would like your program to be featured on DipLawMatic Dialogues, or if you are interested in blogging about the conference programs listed above, please contact blog administrators Susan Gualtier (susan.gualtier@law.lsu.edu) or Loren Turner (lturner@law.ufl.edu). We look forward to seeing you in Chicago this summer!

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Schedule of FCIL Events in Philadelphia

Blog Postcards 2015Hello FCIL-SIS!  Are you ready for Philly?  We at the publicity committee certainly are!  We have swag for the exhibit hall ready to go, and we’re looking forward to seeing all of our SIS friends again next week!

As we approach the 2015 AALL Annual Meeting in Philadelphia, we encourage you to keep an eye on the blog and to follow us on Twitter for coverage of FCIL-SIS programming both during and after the conferenceIf you are interested in covering any of the events listed below, please contact blog administrators Susan Gualtier (susan.gualtier@law.lsu.edu) or Loren Turner (lturner@law.ufl.edu).  Finally, remember to send us your original photos from the Philadelphia conference so that we can share them with our readers who were unable to attend!

FCIL-SIS EVENTS

2015 AALL ANNUAL MEETING, PHILADELPHIA

Saturday, July 18

9:30am – 4:45 pm

Researching the European Union (University of Pennsylvania Law School)

5:00 pm – 6:30 pm

Exhibit Hall Ribbon-Cutting/Opening Reception. Stop by the FCIL-SIS table!

Sunday, July 19

11:30 am – 12:45 pm

AALL/LexisNexis Call for Papers: Researching International Agreements other than Article II

Treaties (PCC-Room 104A)

FCIL-SIS Jurisdictions Interest Groups Joint Meeting (Marriott-Grand Ballroom Salon C)

1:00 pm – 2:00 pm

Cross-Border Disputes: Dissecting the International Investment Arbitration (PCC-Room

201BC)

4:00 pm – 5:00 pm

Designers’ Workshop: Subject Guides that Create the Effect You Want (PCC-Room 103BC)

5:15 pm – 6:00 pm

FCIL-SIS Foreign Selectors Interest Group (Marriott-Room 306)

6:00 pm – 7:00 pm

FCIL-SIS Internships and International Exchanges Committee (Marriott-Room 310)

FCIL-SIS Publicity Committee (Marriott-Room 308)

Monday, July 20

7:15 am – 8:30 am

FCIL-SIS Business Meeting and Breakfast (PCC-Room 110AB)

3:15 pm – 4:25 pm

FCIL-SIS Teaching Foreign and International Legal Research Interest Group (PCC-Room

112A)

4:00 pm – 4:30 pm

FCIL-SIS Schaffer Grant for Foreign Law Librarians Fundraising Committee (Marriott-

Conference Suite 2)

4:30 pm – 5:30 pm

FCIL-SIS Schaffer Grant for Foreign Law Librarians Recipient Presentation (Marriott-Grand

Ballroom Salon D)

5:45 pm – 6:45 pm

International Attendees Joint Reception (AALL/FCIL/IALL) (Marriott-Grand Ballroom Salon

IJ)

Tuesday, July 21

8:30 am – 9:30 am

Mighty MT: Enhancing the Value of Machine Translation Tools for FCIL Reference and

Collection Services (PCC-Room 103BC)

12:30 pm – 2:00 pm

LHRB/FCIL-SIS Roman Law Interest Group: Researching the Corpus Juris Civilis (PCC-Room

105A)

1:00 pm – 2:00 pm

FCIL-SIS Education Committee (Marriott-Grand Ballroom Salon B)

FCIL-SIS Electronic Research Interest Group (PCC-Room 104B)

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FCIL-SIS Schaffer Grant for Foreign Law Librarians

By Kristina Alayan

The FCIL Schaffer Grant for Foreign Law Librarians provides financial assistance to ensure the presence and participation of a foreign librarian at the American Association of Law Libraries Annual Meeting. Foreign attendees enrich AALL events and programming by providing a global perspective that benefits all participants and the AALL membership more broadly.

This year’s AALL conference will return to Philadelphia, Pennsylvania.  Philadelphia is famous for its vibrant art scene, diversity, and rich history (see Gabriela Femenia’s 2011 article in AALL Spectrum for more details here). The AALL annual meeting is easily the biggest law library conference in the world, and offers unparalleled opportunities for learning from colleagues, networking, and the opportunity to attend programs considering a wide range of topics relevant to law libraries and law librarianship. Anyone who may be interested in applying for the Grant is encouraged to review the relevant application information available online here.  Please note that the deadline for applications of November 30, 2014 is quickly approaching.

Selection for the Grant is based on the foreign law librarian’s ability to add to the knowledge of law, legal information, and law librarianship from a foreign perspective for AALL attendees. Preference may be given to an applicant from an under-represented country or region, to someone who demonstrates financial need, or to an applicant who has never attended an AALL Annual Meeting.  In order to ensure diversity, the Grant Committee avoids selecting recipients from the same country as recipients of the previous three years.

Many other law library associations provide similar opportunities (see e.g., IALL, BIALL, CALL).  The purpose of these grants, particularly those that encourage foreign law librarians to attend, is not only to provide a valuable professional development experience for the recipient, but also to enrich the conference events for local attendees.  Opportunities to share perspectives and ideas across cultures, languages, and legal systems are especially valuable in an increasingly globalized world.  Though our backgrounds and resources are often varied, the challenges we face are frequently the same and necessarily benefit from exchange and dialogue.

In order to ensure the greatest number of potential applicants are aware of this opportunity, please circulate this information to any of your colleagues abroad who may be eligible for the grant.

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Report from IFLA in Lyon

By Anne Burnett

Several AALL and FCIL-SIS members were among the nearly 4000 attendees at the 80th IFLA World Library Information Congress, held in Lyon, France, August 16-22, 2014, with a theme of “Libraries, Citizens, Societies: Confluence for Knowledge.” This was my first time attending IFLA, and I had the honor of doing so as Representative from AALL to IFLA.

Sally Holterhoff and her poster on authentication and advocacy by law librarians in the United States.

Sally Holterhoff and her poster on authentication and advocacy by law librarians in the United States.

The biggest conference-wide news was the highly-anticipated launch of the Lyon Declaration on Access to Information and Development, which outlines the need for access to information to be recognized in the United Nations post-2015 development framework and calls upon member states of the United Nations to acknowledge that access to information, and the skills to use it effectively, are required for sustainable development. IFLA is encouraging organizations and institutions to sign onto the Declaration, which is currently under review by AALL’s leadership.

Claire Germain presided as Chair over the two meetings of the Standing Committee for the IFLA Law Libraries Section. The Standing Committee and observers discussed issues relevant for the diverse group of law libraries represented and planned the Section’s activities for the coming year. A Working Group comprised of Sally Holterhoff and Marisol Floren provided the Section with an update on their Report on Access to Digital Legal Information, which assesses the official status, open access and authentication of legal gazettes. The report now covers all of Latin America and the Caribbean and work continues to assess gazettes worldwide.

Members of the Law Libraries Section collaborated with other sections to present two well-received programs at this year’s conference:

1) How Safe is the Law? Authentication of Official Gazettes: A Worldwide Report with an introduction by Sally Holterhoff and presentations about authentication of the EU e-Official Journal (Martine Reicherts, European Union Commissioner for Justice, Citizenship and Fundamental Rights), the French Digital Official Journal (Didier François, Directorate of Legal and Administrative Information), and the Federal Register (Charley Barth, Office of the Federal Register, National Archives & Records Administration); and

2) Access to Law at the Digital Cross Roads: Innovative Solutions to Complex Challenges, with multiple speakers presenting on topics ranging from building a digital repository for Myanmar’s Parliament to collaborative digitization of French heritage legal collections to designing a service-oriented architecture for automatic mark-up of documents in the Chilean Congress.

Materials for these programs are accessible in the WLIC program.

Sally Holterhoff also shared information about AALL’s advocacy efforts with a poster titled “Keeping the Law Safe: Librarians Advocating for Digital Authentication in the United States.” Visitors to

the poster were interested not only in the specific issue of authentication but also in the role American law librarians play in advocacy efforts and the support they receive from AALL.

The Law Libraries Section enjoyed a presentation and reception at the Bibliothèque Municpale de Lyon, where we learned about the fascinating (and somewhat grisly) special collection of materials belonging to early 20th century French criminologist, physician and forensics expert, Alexandre Lacassagne.

Many law librarians and parliamentary librarians from diverse jurisdictions expressed interest in the FCIL Schaffer Grant and in the FCIL-SIS Clearinghouse for Internships and International Personnel Exchanges. These colleagues were pleased to have the information and flyers provided by the FCIL-SIS for these programs.

The IFLA World Library Information Congress will meet in Cape Town, South Africa in August, 2015, and the Law Libraries Section will once again be an active presence. Keep 2016 in mind as well: the Congress will meet much closer to home in Columbus, Ohio.

From the program on authentication of legal gazettes worldwide, left to right: Charley Barth, Office of the Federal Register; Didier François, French Directorate of Legal and Administrative Information; Martine Reicherts, European Union Commissioner for Justice, Citizenship and Fundamental Rights; and Sally Holterhoff, Valparaiso University Law School and former President of the American Association of Law Libraries.

From the program on authentication of legal gazettes worldwide, left to right: Charley Barth, Office of the Federal Register; Didier François, French Directorate of Legal and Administrative Information; Martine Reicherts, European Union Commissioner for Justice, Citizenship and Fundamental Rights; and Sally Holterhoff, Valparaiso University Law School and former President of the American Association of Law Libraries.

FCIL-SIS Business Meeting Report, AALL 2014

By Loren Turner

The FCIL-SIS business meeting occurred at 7:45 a.m. on Sunday, July 13, 2014, at the AALL Annual Conference in San Antonio, TX.  The Chair of the FCIL-SIS, Donald (Don) Ford of the University of Iowa Law Library, and the Vice Chair/Chair-Elect, Teresa Miguel-Stearns of Yale Law Library, officiated the meeting.

Don Ford announced the 2014 election results naming Lucie Olejnikova as the upcoming Vice Chair/Chair-Elect, to succeed Teresa Miguel-Stearns when the latter becomes Chair at the close of the meeting.  After the election results were announced, a spokesperson from each FCIL interest group and committee delivered individual reports.  The highlights of this year’s reports included:

  • The FCIL Schaffer Grant Selection Committee welcomed Irene Kraft, the 2014 recipient of the FCIL Schaffer Grant, to the FCIL business meeting and the AALL conference.  Ms. Kraft is the Associate Library Officer of the International Criminal Court (ICC) Library.  Her presentation given during the AALL conference was titled “Envisioning the World’s International Criminal Law Library at the International Criminal Court” and focused on the future of small and specialized legal libraries.

The FCIL-SIS also reserved time to honor its members during the business meeting.  The list below identifies recipients of 2014 FCIL-SIS awards:

  • Spirit of the SIS Award Recipients: Julienne Grant, Ryan Harrington, Jim Hart, Carmen Valero.
  • Reynolds and Flores Publication Award Recipients: Wei Luo for The Amended and Annotated Criminal Code of the People’s Republic of China with Official Interpretations and Marci Hoffman and Mary Rumsey for the FCIL course book.
  • Dan Wade Outstanding Service Award Recipients: Lyo Louis Jacques and Alison Shea.
  • Longevity Award Recipients: David MacFadden and Carmen Valero.
  • FCIL-SIS Newest Member Award Recipient: Charles Bjork of Georgetown Law Library.

The meeting concluded with the passing of the gavel from Don Ford to Teresa Miguel-Stearns, FCIL-SIS Chair 2014-2015.