Mar 20, 2008
Lindsay, CA – Brenda Biesterfeld’s most recent job performance evaluation gives evidence supporting her case against the Tulare County Library. The evaluation was made by her supervisor, Judi Hill, who fired her after she reported to the police that a man was viewing child pornography on a library computer.
On February 28 Biesterfeld noticed Donny Lynn Chrisler, a 39-year-old man, viewing child pornography on one of the public-use computers. Despite being instructed by Hill to give him a warning and not call the police, she reported the incident the following day. On March 4, when Chrisler returned, Biesterfeld saw him viewing more child pornography and summoned police. Upon arrival, they caught Chrisler viewing the child pornography, arrested him, and placed him in the Tulare County Jail, where he remains in custody on a $100,000 bond. Further investigation uncovered more child pornography in his home.
When police confiscated the computer, Hill claimed that law enforcement had no business interfering and that county librarians were handling the matter. She demanded to know who made the report. Police concealed Biesterfeld’s identity, but Hill claimed she knew it was her. She immediately called Biesterfeld and chastised her for reporting the incident. Two days later and without explanation, Biesterfeld was fired.
The Tulare County Board of Supervisors are running for cover, claiming the termination was for "legitimate business reasons" and had nothing to do with her reporting the child pornography to the police. However, Biesterfeld’s evaluation, given in February only days before her termination, indicates satisfactory performance. Her overall rating stated that she "is reasonable and consistent with normal expectations of proficiency." Hill writes:
"Brenda, you are steadily increasing your skills in the domain of Public Service duties. You greet all customers in a friendly manner. The customers of Lindsay Branch enjoy your friendliness in the Branch. You spend time with each customer assisting them on the HIP computers placing HOLDS and locating materials. […] You are consistent while assisting customers with library policies, directional inquiries, assisting with public computers and assisting customers locate books in the Branch.
Brenda, continue to assist all customers coming into the Lindsay Branch in a fair and friendly manner. You have demonstrated the willingness to learn the Branch procedures and have accepted verbal directions. […] We will begin Branch Reference training in March 2008; this will assist you while working in a Branch Library."
The positive evaluation by Judy Hill indicated plans for Biesterfeld’s advancement.
Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "The Tulare County officials need to acknowledge the terrible mistake and injustice of their actions. Brenda Biesterfeld should be congratulated for reporting child pornography. Instead, the Tulare Branch Library did the unthinkable by terminating her and then brushing aside illegal child pornography."