Book buyer sues state
for failed contract

Baker & Taylor charges
that its termination was 'unjustified
and wrongful'

By Debra Barayuga
Star-Bulletin

Mainland book buyer Baker & Taylor has filed suit against the Hawaii State Public Library System for terminating the company's five-year contract to select, acquire and provide materials for Hawaii's state libraries.

The lawsuit, filed in Circuit Court yesterday, names state librarian Bart Kane and the state of Hawaii. Kane ended the $11 million contract in July after informing Baker & Taylor that it had:

Failed to respond to community and library branch profiles provided the company to select quality materials in appropriate quantities.

Failed to provide library materials for the Library for the Blind and Physically Handicapped, award books, standing orders, best sellers, children's book selections, young adult book selections, reference books and Hawaiiana books.

Paul Alston, Honolulu-based lawyer for Baker & Taylor, said his client contends that the shortcomings cited by Kane were attributable to the state Department of Education not providing profile information in a timely manner.

Regarding materials for the Library for the Blind and Physically Handicapped, award books and others, Alston said Baker & Taylor provided materials based on limited information the DOE provided.

Kane was not immediately available for comment yesterday.

The lawsuit claims that the library system cited Baker & Taylor for performance concerns not based on contract requirements and that the decision to terminate was political.

"HSPLS appears to be using Baker & Taylor as a political scapegoat to cover its unpopular decision to outsource book selection and other library functions," said Arnie Wight, senior vice president of Baker & Taylor.

"We have shown the Department of Education Blue Ribbon Panel and HSPLS specific information demonstrating our compliance with the contract.

"We have also shown them evidence that the issues raised by HSPLS -- including delays in shipments and issues related to book selection -- were actually caused by HSPLS," he said.

The state has ignored this evidence and the company's good-faith efforts to resolve the issues through mediation, Wight said. "Consequently, we had no choice but to defend Baker & Taylor's performance in court."

Baker & Taylor is asking the court to find that termination was "factually and legally unjustified and wrongful," and was a breach of the contract signed by the state librarian.

It is seeking damages in an amount to be determined at trial.

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Star-Bulletin writer Harold Morse
contributed to this report.