Policy & Procedure Manual

Transcription

1 Policy & Procedure Manual Last Update 01/2015

2 1.02 INCLEMENT WEATHER TO: FROM: All Staff Maria McCarville DATE: November 28, 2016 RE: Inclement Weather In the event of extremely bad weather, the Library may close or have a delayed opening. If there is a closing in the morning, we will attempt to contact the following radio stations and television channels to have them announce it: WSGW-AM 790 WGER-FM WCEN-FM 94.5 WTLZ-FM WIOG-FM TV Channel 25 WEYI WHNN-FM 96.1 WKCQ-FM 98.6 WHEELZ-FM & WKQZ-FM 93.3 TV Channel 12 WJRT TV Channel 5 WNEM If there is to be either a closing or a delayed opening, we will try to get the announcement on the radio by 7:00 a.m. An all staff will be sent, an announcement will be posted on the library s website, and a call will also be made to branch heads who will record a message of the delay or closing on their branch telephones. To access your library , go to At the sign-in, enter your entire address and personal password. If the weather becomes bad during the day, it is possible that the libraries will close early. In this event, the Business Office will notify each of the individual library branches. Even though the Library will remain open through all but extremely severe weather, staff are cautioned to not place themselves in danger to come to work. If you feel that it is impossible for you to get to work, a business day may be taken for weather emergency. Business days may be taken in increments. If you have utilized your business days, a vacation day may be used. If no business or vacation time is available, the time off would be unpaid. Staff in the Secretarial Union will follow the provisions of the Agreement, Article XXVI, Section B.

3 1.03 Public Libraries of Saginaw Meeting Room Policy and Terms of Use Who may use the meeting rooms? Meeting rooms are available to community organizations and non profit groups for meetings that are educational, cultural or civic in nature. The rooms are not available for individual or commercial use. Reservations for meeting room space are on a first come, first served basis. A completed Meeting Room Use Application must be received by the library at least one week prior to the meeting date requested. Reservations will not stand until the completed application is on file and approved by the library. Reservations may be made no more than 12 months in advance. No group may consider the Library its permanent meeting place or use the Library as its mailing address. The Library has the authority to accept, renew, or reject requests for use of the room under the established policy. To promote the accessibility of the meeting rooms to a wide variety of community groups, the Library may limit the number and frequency of meetings for any particular organization. The use of the facilities shall be in accordance with the policies and procedures set by the Trustees of the Public Libraries of Saginaw. In allocating the use of meeting rooms, the Trustees of the Library and Library staff shall not discriminate on the basis of the political or religious beliefs of applicant groups, or on any other constitutionally or statutorily prohibited basis. Permission to use a Library meeting room does not constitute or imply Library endorsement of the aims, policies or activities of any group or organization, or the views expressed in the meeting. No use of meeting rooms that is likely to disturb Library patrons in their customary use of Library facilities, impede Library staff in the performance of their duties, or endanger the Library buildings or collection will be approved or permitted. All meetings must be free of charge and open to the public. No admission charge, request for donation or items for sale are approved by the Library. Meeting rooms shall not be used for entrepreneurial or commercial purposes, for the solicitation of business, for profit or for fundraising other than fundraising that supports the Library, unless specifically permitted by the Library Director. No goods or services shall be promoted, sold or exchanged upon the premises or by sample, pictures, or descriptions. Groups using Library meeting rooms must not use advertising and publicity which imply that their programs are sponsored, co sponsored, endorsed or approved by the Library, unless written permission to do so has been previously given by the Library Director. All organizations or groups shall indemnify, defend and hold harmless the Public Libraries of Saginaw, its officers, agents and employees from and against any and all claims, suits, actions of any kind, arising and resulting and accruing from any negligent act, omission or error of the organization or group resulting in or relating to personal injuries or property damage arising from the organization/group s use of the Library meeting room. Any false, misleading or incomplete statement on the application form shall be grounds to forbid the use of meeting rooms by the applicant group. 1

4 Using Library Meeting Rooms: Scheduling: Priorities: o Elections o Library programs and activities o Library related groups programs and activities o Local Government programs and activities o Non Profit Groups and Community Organizations The meeting room is available during library hours. Meetings will vacate the library premises 15 minutes prior to library closing time. Reservations must be made by an adult who will be held responsible for any damage incurred to the building or equipment and must be in charge of any children/minors under age 18 attending the meeting. Each group is limited to a total of 2 meetings per month, not to exceed 12 meetings per calendar year. Meetings may not be scheduled more than 12 months in advance. A meeting room form must be turned in and approved for EACH requested use of the room and must be on file before reservations will be confirmed and at least one week prior to requested meeting room use. Library and Library sponsored meetings have priority and the Public Libraries of Saginaw reserves the right to preempt any scheduled meeting. The Library will make every effort to give advance notices of such preemption. Facilities: Hoyt Library Auditorium is limited to the capacity of 70 persons Hoyt Library Mezzanine is limited to the capacity of 30 persons Hoyt Library Board Room is limited to the capacity of 10 persons Butman Fish Library Meeting room is limited to the capacity of 80 persons Wickes Library Meeting room is limited to the capacity of 40 persons Zauel s Dr. Kurumety Meeting room is limited to the capacity of 100 persons Controlled substances, alcohol, and smoking are not permitted. Materials or equipment owned by any individual or group may not be left or stored at the library. The library will not be responsible for any material left in the library. No materials or property shall be moved in or attached that will damage floors, walls, or woodwork. Each group is responsible for setting up the room and returning it to its original arrangement. Clean tables, countertops, sink, and floors as needed. Groups using the room must report spills or maintenance issues along with the number of attendees to the librarian at the reference desk. Staff Assistance: The staff is not available to deliver telephone messages, unless there is an emergency. Library Staff is not available to assist in room set up. Please be sure that you schedule your room use to accommodate set up and take down time. Presenters using meeting room equipment are expected to have a basic knowledge of their use. Staff cannot provide in depth training but will answer basic questions about the limited equipment we provide (typically a TV/DVD player ask at the branch you are requesting). Library Staff will not give tech support for any devices not belonging to the library. Approved 3/20/2003 by Library Board; Revision approved by Library Board 3/1/07; Revision approved by Board 3/4/10; Revision approved by Board 10/6/11; Revision approved 2/7/13; Revision approved 2/2/17 2

5 APPLICATION FORM FOR USE OF MEETING ROOM Please read the policy before filling out the application form, as you are agreeing to the policy when you sign the form. You will be notified as soon as possible if your meeting room request cannot be accommodated. Any costs arising from loss, damage, or excessive janitorial services will be your responsibility. Today s Date Name of Organization Type of event Name of Responsible Individual Address E Mail Phone Date of your event/meeting Day of Week Start Time (allow for set up) End Time (allow for tear down) Must be finished at least 15 minutes prior to closing Number of people expected to attend **Please count the actual number of people who attend and notify a librarian at the reference desk at the conclusion of your event. I have read the meeting room policy and agree to abide by it. Signature Date If you would like to give a donation for use of the room, it would be most welcome. Please make checks out to the Public Libraries of Saginaw. For use by Library Personnel only: Date application turned in: Approved Not Approved Reason Notification Date Employee Notes: Number of Attendees: 3

6 TODAY S DATE DATE OF ROOM USE Please fill out this form completely. A new form must be filled out for each date of usage. Thank you. MEETING ROOM USE APPLICATION ORGANIZATION PHONE CONTACT PERSON ADDRESS PURPOSE OF MEETING START TIME END TIME # ATTENDING EQUIPMENT NEEDED WILL REFRESHMENTS BE SERVED? WILL A FEE BE CHARGED? IF YES, HOW MUCH AND FOR WHAT WILL THE FEE BE USED? BY SIGNING THIS FORM, THE APPLICANT ACKNOWLEDGES THAT HE OR SHE HAS READ THE MEETING ROOM POLICY AND AGREES ON BEHALF OF THE ABOVE-NAMED ORGANIZATION TO CONFORM TO ALL RULES, REGULATIONS AND RESPONSIBILITIES AS SET FORTH IN THE PUBLIC LIBRARIES OF SAGINAW MEETING ROOM POLICY. THE SPONSORING GROUP ALSO ACKNOWLEDGES THAT ITS ACTIVITY IS NOT SPONSORED BY THE PUBLIC LIBRARIES OF SAGINAW AND/OR SAGINAW TOWNSHIP AND AGREES THAT IT WILL NOT IDENTIFY THE ABOVE ORGANIZATIONS AS PARTIES ASSOCIATED IN ANY WAY WITH THE GROUP S ACTIVITIES IN ANY OF ITS LITERATURE OR PUBLICITY. Signature The above-named organization is is not authorized to use the meeting room of the library on the date, during the time, and for the purpose specified in this application. Authorized Library Signature MEETING ROOMS AVAILABLE: Hoyt Public Library Capacity: Janes Fax Butman-Fish Library Zauel Library Ruth Brady Wickes Library Capacity: 80 Capacity: 100 Capacity: Hancock 3100 N. Center 1713 Hess Street Fax Fax Fax Approved 3/20/2003 by Library Board; Revision approved by Library Board ; Revision approved by Library Board ; Revision approved by Library Board

7 1.04 SMOKE FREE LIBRARIES This policy prohibits the use of all tobacco products as defined by the American College Health Association which includes all tobacco-derived or containing products, including cigarettes, vapor cigarettes (e-cigarettes), cigars, cigarillos, hookah-smoked products and oral tobacco. Use of these products is strictly prohibited within the Public Libraries of Saginaw. This includes all buildings and library grounds. Approved 09/17/92 PLS Library Board; Revision approved by Library Board ; Revision approved by Library Board

8 1.05 PUBLIC USE OF LIBRARY PROPERTY POLICY The public is allowed to use library property for collecting signatures on petitions, or distributing literature. In order to inform individuals and organizations of the procedures for use of the library for these activities, it is recommended, but not required, that they inform the library manager of the date and time of their activity. These activities may not be carried on inside library buildings. The following rules shall be observed: The activity shall not impede or interfere with library business or public access to and use of library buildings, library sidewalks and parking lots. It shall take place in an area designated by the library that is at least 25 feet from the entrance(s). The use of any amplification device, manual, electronic or otherwise, is strictly prohibited. Signs, chairs, tables or other objects may not be set up on library property. Individuals distributing literature shall remove all discarded items from the grounds at the conclusion of their activity. Failure to comply with this policy will result in being asked to leave the premises. Approved by Library Board June 5, 2008

9 1.06 CELL PHONE POLICY For purposes of privacy and in consideration of other patrons, cell phone use is not allowed in the library. Cell phones (and other portable communication devices, such as beepers) should be turned off or set to vibrate before entering the library building. Persons should move their cell phone use (whether incoming or outgoing calls) either outside the building, or to a designated area, such as the lobby. Persons refusing to comply with this policy may be asked to leave the building. Approved by Library Board 12/7/06

10 2.01 COLLECTION DEVELOPMENT POLICY The Public Libraries of Saginaw is composed of a main library and four branches. The Library system has a target population of 137,000 persons, and is a member of the Valley Library Consortium and the Mideastern Michigan Library Cooperative. The Library maintains an extensive collection of materials as an independent information resource and also relies upon the interlibrary loan process to augment its holdings. The materials housed in the Library primarily represent a working collection of contemporary information resources. Books printed before the 20 th century, items of unusual format and binding, manuscripts, limited and first editions are not added to the larger body of the Library s holdings. Although there are selected examples of historical or research collections, the Library s materials are, in large part, intended for public use, examination, and circulation. Although all facilities house a cross-section of information resources, Hoyt Library houses the majority of the System s reference and research materials, historical collections, and the deposit of government documents. I. PURPOSE OF THE POLICY The Public Libraries of Saginaw Collection Development Policy is intended to: a) enable staff members to work with greater consistency toward the stated goals and objectives of the Library; b) inform staff, patrons, administrators, Library Board members and the public on the scope and character of existing collections and the plans for their continued development; and c) provide guidelines which assist in the allocation of funds to various departments in order to supplement and improve the holdings within those agencies. II. RESPONSIBILITY FOR COLLECTION DEVELOPMENT The Collection Development Committee coordinates and supervises the selection, acquisition, and withdrawal of all Library materials and is responsible for the growth and maintenance of the Library s collection. Authority for approving the Collection Development Policy resides with the Library Board of the Public Libraries of Saginaw. Suggestions from the public for materials to be added to the collection are welcome at all times, but will be considered within the guidelines of the collection development policy. Works by local authors will be considered according to the same criteria as other items.

11 III. CLIENTELE TO BE SERVED A. ADULTS: Adults comprise the largest single group of public library users, and the provision of informational, self-educational, and recreational library materials to this group is of major importance to the Library. Special attention will be given to the needs of the business community, parents, older citizens, and to the economically or educationally disadvantaged. B. PRESCHOOLERS: The Public Libraries of Saginaw has traditionally maintained a high level of responsibility for preschool services. The Library continues to target this age group in the interest of encouraging an appreciation of the Library s resources during the child s formative years. C. ELEMENTARY/SECONDARY SCHOOL STUDENTS: The Public Library will respond to students broad informational, recreational, and cultural needs and will encourage continuous use of the Public Library by collecting general materials which may be supportive of school curricula. D. COLLEGE/UNIVERSITY STUDENTS: The Library will cooperate with local institutions of higher education to assure that the Public Library collection meets the non-curricular needs of their student populations. IV. SELECTION CRITERIA The established criteria for selection, acquisition, duplication, reconsideration, replacement, and withdrawal of materials for all age groups in all media formats representing nonfiction are: Potential Use Public Demand Literary Quality Critical Reviews Space Limitations Local Or National Significance Quality Of The Physical Format Scarcity Of Material On The Subject Contemporary And Permanent Value Price And Budgetary Considerations Comprehensiveness And Depth Of Treatment Effectiveness Of The Medium To The Content Reputation And Standards Of The Publisher Importance Of The Subject Matter To The Collection Clarity, Accuracy, Logic, Objectivity, And Readability Availability Of The Material Elsewhere Through Loan Clarity Of Index, Illustrations, And Table Of Contents Authority, Skill, Competence, Reputation Of The Author

12 Additional criteria for selection, acquisition, duplication, reconsideration, replacement, and withdrawal of materials for all age groups in all media formats representing fiction, drama, poetry and other works of imagination might include: ORIGINALITY OF PLOT DEVELOPMENT STRENGTH OF CHARACTERIZATION AUTHENTIC REFLECTION OF THE HUMAN EXPERIENCE Librarians rely upon professional bibliographic tools in the discharge of their responsibilities for collection maintenance. Some of the aids which utilize strict, objective, standards of review and which may be consulted during a materials selection decision are: BOOKLIST THE HORN BOOK SCHOOL LIBRARY JOURNAL LIBRARY JOURNAL PUBLISHER S WEEKLY BULLETIN OF THE CENTER FOR CHILDREN S BOOKS NEW YORK TIMES BOOK REVIEW V. ADDITIONAL COLLECTION DEVELOPMENT CRITERIA A. CHILDREN S AND YOUNG ADULTS MATERIALS Children s and young adults materials are selected to include a wide variety of media and presentation formats representing the needs of users at different ages and learning levels. The library s standard selection criteria are applied to these materials. The library staff will recommend appropriate materials for children and adolescents. However it is the responsibility of the parents or legal guardians to monitor their child s reading and use of library material. B. COMPUTERIZED DATABASES AND ONLINE SERVICES In an effort to provide access to information resources which are not available at the Public Libraries of Saginaw, the Library subscribes to commercial online databases and provides Internet resources. C. FREEDOM OF INFORMATION The Library believes in freedom of information for everyone. The Library encourages the examination of diverse opinions; thus, many points of view are included in the resource collection. Library staff will recommend a range of materials deemed appropriate for specific user groups, and the Library and its staff assume no responsibility for user response to the contents of Library resources.

13 D. CURRICULUM MATERIALS School and academic libraries have primary responsibility for providing materials to their students. The Public Libraries of Saginaw accepts responsibility for providing students with supplementary reading and reference materials. Textbooks may be purchased for the collection when they supply sole or primary source information. Textbooks are not duplicated to meet the demands of specific schools or academic courses. E. GIFTS AND DONATIONS Gifts to the Library may consist of resource materials or funds for the purchase of those materials. Funds may be given for acquiring items recommended by the Library staff or for the purchase of specific items suggested by the donor which are within the selection guidelines of the Library. When the Library receives a cash gift for the purchase of materials, the selection will be made by a librarian in consultation with the donor. Books purchased as gifts or memorials will be identified by a bookplate bearing the name of the donor. Gifts of materials from any donor must meet the same selection criteria as purchased materials. If gifts of marginal intellectual or artifactual value are offered, processing costs and available shelf space will be considered before the gift is accepted. The Library does not provide materials value assessments for tax purposes. Gifts of materials are subject to the following limitations: The Library retains unconditional ownership of all gifts. The Library makes the final decision on the use, display, housing, withdrawal, or other disposition of all gifts. F. GOVERNMENT PUBLICATIONS The Library serves as a selective Federal Depository for government publications. The array of government documents is considered a special collection; thus individual items within the collection may not meet all of the general selection standards applied to other sections of the Library s collection. G. LOCAL HISTORY AND GENEALOGY The Library has a strong interest in genealogy and in local and state history; therefore, it will seek to acquire materials about Saginaw, the state of Michigan and Michigan authors for addition to its Historical and Genealogical Collection. Materials purchased for this special collection may not conform to general Library selection criteria; however, they will adhere to traditional standards of selection generally applied to collections of local and regional history.

14 H. MICROFORMS Microfilm is acquired to augment the newspaper collection, and to provide specialized research materials not otherwise available. Selection within this category will normally follow the criteria established for nonfiction and non-print materials. I. NON-BOOK MATERIALS The inclusion of non-book materials in the Library s collection strengthens the Library s total holdings and grants access to information which may be unavailable in book form. All items chosen within these information formats must meet standard selection criteria approved by the Public Libraries of Saginaw. Newspapers are selected to meet reference and research needs, to provide current information, and to satisfy casual interest in current events. Serials are publications issued in successive parts, with numbering or chronological designation, and intended to be continued indefinitely. Magazines represent the largest group of serials in the Library s collection. Serials selection follows the same process as the selection of all print materials. Other non-book materials held by the Public Libraries of Saginaw include Blu-Ray, DVDs, compact discs, multi-media kits, and materials which can be downloaded to the user s personal electronic devices. The selection of non-book materials is based upon the same principles as those used for the selection of books. Additional criteria for consideration include effectiveness of the medium to the message, artistry, quality of color or sound, and equipment format. J. SPECIAL COLLECTIONS The Library maintains special collections of African Heritage, Hispanic Heritage, foreign language, and large print materials. VI. MAINTAINING THE COLLECTION A. ACQUISITION The Library normally acquires resource materials through approved jobbers and subscription agents. Unusual items, materials purchased from private presses, special collection materials, gifts, works of local significance, electronic media, and other additions may be made through a variety of channels available to collection development personnel. B. CONSERVATION With the exception of the Local History and Genealogy Collection, resources housed in the Public Libraries of Saginaw represent a contemporary working collection rather than a research collection; thus, the Library does not conduct extensive preservation and restoration efforts. Staff members perform routine repairs on items which have not

15 been severely damaged. Materials which have been injured beyond easy repair may be withdrawn. C. DUPLICATION The Collection Development Committee evaluates the need for duplication of materials. In general, the Library attempts to weigh demand for duplication against the total program of library services. The purchase of additional copies of material is governed by a combination of demand and the perception of an item s intrinsic or historical value to the collection. D. REPLACEMENT The Library does not routinely replace all lost, damaged or worn items. The number of copies in the collection, existing coverage of the subject field, contemporary material of greater value, and public demand are all considered before a replacement purchase is made. E. WITHDRAWAL Systematic removal of materials which are no longer useful is necessary in order to maintain a current, accurate collection of information resources. Discarding materials from the Library s collection is selection in reverse; thus, many of the same criteria of evaluation are utilized. Additional criteria which may also be applied are: ALTERED COLLECTION EMPHASES INSUFFICIENT USE IRREPARABLE DAMAGE MISLEADING INFORMATION OBSOLETE INFORMATION SPACE AVAILABILITY Materials that are withdrawn from the collection will be so marked in a readily apparent fashion and, thereafter, considered to be of no value to the Library system. Withdrawn items will be sold or discarded. VII. REVISION OF POLICY This Collection Development Policy will be reviewed regularly to ensure that changes in goals and objectives, needs of the public, professional trends and budgetary conditions are reflected in its wording. The Public Libraries of Saginaw will attempt to coordinate the Collection Development Policy with appropriate other libraries within the vicinity so that, collectively, these agencies can provide maximum information services to the citizens of Saginaw. Approved by Library Board 11/21/96; Revision approved 11/21/02;Revision approved 2/7/13

16 LIBRARY BILL OF RIGHTS The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services: 1. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation. 2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval. 3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. 4. Libraries should cooperate with all persons and groups concerned with resisting abridgement of free expression and free access to ideas. 5. A person s right to use a library should not be denied or abridged because of origin, age, background, or views. 6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Adopted June 18, 1948/Amended February 2, 1961, June 27, 1967, and January 23, 1980 by the ALA Council

17 3.01 CONFIDENTIALITY OF LIBRARY RECORDS POLICY The Library Privacy Act (Act 455 of 1982 State of Michigan) addresses the confidentiality of library patron records and specifies that circulation records which identify a patron as having requested or borrowed specific materials may not be released without a court order. The Act further notes that the Freedom of Information Act does not apply to requests for confidential patron records and sets forth liability for unlawful release of such records. The Library Board of the Public Libraries of Saginaw endorses the intent of the Library Privacy Act and further specifies that patron records, addresses and telephone numbers, and such information as to whether or not a person is registered for a library card, are not to be released except upon a court order. Although the Public Libraries of Saginaw makes every effort to protect your privacy, under the federal USA Patriot ACT (Public Law ), records of the materials you borrow from this library or materials you use in this Library may be obtained by federal agents. That federal law may also prohibit library workers from informing you if federal agents have obtained records about you. Library users are advised that the USA PATRIOT ACT is available at: All instances of requests for patron and/or circulation information should be referred to the Director. 05/02/85 Approved by PLS Library Board; Revision approved by Library Board 3/1/2007

18 3.02 LIBRARY PRIVACY ACT WITH ALA COMMENTARY THE LIBRARY PRIVACY ACT ACT 455 OF 1982 AN ACT to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials. History: 1982, Act 455, Eff. Mar. 30, Short title. The People of the State of Michigan enact: Sec. 1. This act shall be known and may be cited as the library privacy act. History: 1982, Act 455, Eff. Mar. 30, Definitions Sec. 2. As used in this act: (a) Library includes a library which is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities; a community college district; a college or university; or any private library open to the public. (b) Library record means a document, record, or other method of storing information retained by a library that identifies a person as having requested or obtained specific materials from a library. Library record does not include non-identifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general. History: 1982, Act 455, Eff. Mar. 30, Library record not subject to disclosure requirements; release or disclosure of library record without consent prohibited; exception; procedure and form of written consent; hearing.

19 Sec. 3. (1) A library record shall not be subject to the disclosure requirements of Act No. 442 of the Public Acts of 1976, as amended, being sections to of the Michigan Compiled Laws. (2) Unless ordered by a court after giving the affected library notice of the request and an opportunity to be heard thereon, a library or an employee or agent of a library shall not release or disclose a library record or portion of a library record to any person without the written consent of the person identified in that record. The procedure and form of giving written consent may be determined by the library. (3) At a hearing conducted pursuant to subsection (2), a library may appear and be represented by counsel. History: 1982, Act 455, Eff. Mar. 30, Violation of ; liability; civil action; damages; attorney fees and costs. Sec.4. A library or an agent or employee of a library which violates section 3 shall be liable to the person identified in a record that is improperly released or disclosed. The person identified may bring a civil action for actual damages or $250.00, whichever is greater; reasonable attorney fees; and the costs of bringing the action. History: 1982, Act 455, Eff. Mar. 30, Selection and use of library materials. Sec. 5. (1) Except as otherwise provided by statute or by a regulation adopted by the governing body of the library, the selection of library materials for inclusion in a library s collection shall be determined only by an employee of the library. (2) Except as otherwise provided by law or by a regulation adopted by the governing body of the library, the use of library materials shall be determined only by an employee of the library. History: 1982, Act 455, Eff. Mar. 30, 1983.

20 CONFIDENTIALITY & COPING WITH LAW ENFORCEMENT INQUIRIES GUIDELINES FOR THE LIBRARY ADMINISTRATOR Visits to libraries by law enforcement agents, including FBI, state, county and municipal police, have reached a high level of public awareness and concern, particularly as a result of revelations about the FBI Library Awareness Program. Prompted by inquiries about how to respond to visits by law enforcement officials, the ALA Intellectual Freedom Committee developed the following guidelines. These guidelines should be used with ALA s Policy on Confidentiality of Library Records and Statement on Professional Ethics to assist libraries and library employees in dealing with law enforcement inquiries. FUNDAMENTAL PRINCIPLES Librarians professional ethics require that personally identifiable information about library users be kept confidential. This principle is reflected in Article III of the Code of Ethics which ALA adopted in Article III states: Librarians must protect each user s right to privacy with respect to information sought or received, and materials consulted, borrowed or acquired. This includes borrower registration information. All state library associations have adopted the Statement on Professional Ethics, which includes the Code of Ethics. Moreover, as of February 7, 1989, such library records are protected by state law in 38 states and the District of Columbia, and by attorneys-general opinions in two additional states. Confidential records should not be made available to any agency of state, federal or local government or any other person (outside the minimum necessary access by library staff), unless a court order requiring disclosure has been entered by a court of competent jurisdiction, after a showing of good cause by the person or agency requesting the records. GENERAL GUIDELINES Confidentiality of library records is a basic principle of librarianship. As a matter of policy or procedure, the library administrator should insure that: The library staff and governing board are familiar with the ALA Policy on Confidentiality.

21 The library staff and governing board are familiar with the state s library confidentiality statute (or attorney general s opinion) if one exists. The library adopts a policy on confidentiality. The library consults legal counsel to make counsel aware of these guidelines. The staff is familiar with the specific guidelines which follow. SPECIFIC GUIDELINES LIBRARY PROCEDURES AFFECT CONFIDENTIALITY Law enforcement visits aside, be aware that library operating procedures have an impact on confidentiality. The following are recommendations to bring library procedures into compliance with ALA s Statement on Professional Ethics and Policy on Confidentiality, and internal library confidentiality policies. Confidentiality statutes vary from state to state, but these suggestions may also assist in compliance with the requirements of such statutes: For example, Avoid unnecessary records. Think twice before committing a name to a written record. Check with your local governing body to see if the city, county, school board, or other agencies set a time limit on record keeping, then determine what it should be for the library, and destroy records as soon as possible. If your library uses names on borrower cards, consider using numbers or blacking out the names. Be aware of information on public view owing to library procedure; e.g., overdue notices or filled-request notices mailed on postcards, names of patrons with overdues posted by the circulation desk, or titles of interlibrary loan or reserve requests provided over the telephone to family members. LAW ENFORCEMENT VISITS Recommended steps to take when law enforcement agents visit: If a library staff person is approached by a law enforcement agent requesting information on a library user, he/she should immediately ask for identification and refer the agent to the library administrator or responsible officer of the institution. The library administrator should explain the library s policy or, if lacking an internal one, ALA s confidentiality policy, and the state confidentiality law where applicable. Most important, the library administrator should state that

22 personally identifiable information about library users is not available under any circumstances, except when a proper court order has been presented. In response to appeals to patriotism (e.g., a good American wants to help us ), explain that as patriotic, good citizens, library administrators and library staff value First Amendment freedoms and the corresponding privacy rights of library users. Compliance with FBI requests made without a warrant or court order is strictly voluntary. The library administrator must stress to agents that maintaining professional ethics and complying with state law are principles which are not voluntarily surrendered. It is illegal to lie to a federal law enforcement officer. Without a court order, however, the FBI has no independent authority to compel cooperation with an investigation or to require answers to questions (other than name and address of the person to whom the agent is speaking). The best thing to say to an agent who has asked for confidential information is, I m sorry, but my professional ethics (and state law where applicable) prohibit me from responding to your request. PROCEDURE Notify the American Library Association s Office for Intellectual Freedom ( or ) 50 East Huron Street, Chicago, IL The library administrator should: Meet with the law enforcement agent and a library colleague in the library. Be cordial, and explain that libraries support the work of law enforcement agencies and their ethical standards are not intended to be obstructionist; rather, affirm the importance of confidentiality of personally identifiable information in the context of First Amendment rights. Should an agent be persistent, state again that information is disclosed only subject to a proper court order, and that the library s governing body firmly supports this policy, and terminate the interview. Report any threats or coercion to legal counsel. Repeated visits by law enforcement agents who have been informed that records will be released only upon receipt of a proper court order may constitute harassment or other grounds for legal action. Seek the advice of legal counsel on whether relief from such action should be requested from the appropriate court.

23 Immediately refer any subpoena received to the appropriate legal officer for review. If there is any defect in the subpoena, including its form, the manner in which it was served upon the library, the breadth of its request for documents, or insufficient evidence that a showing of good cause has been made to a court, legal counsel will advise on the proper manner to resist the subpoena. Repeat the entire process, should the party requesting the information be required to submit a new subpoena. Through legal counsel, insist that any defects in the subpoena be cured before records are released. Insist that the subpoena be limited strictly to require release of only specifically identified records or documents. Together with the library s legal counsel, review any information which may be produced in response to such a subpoena prior to the release of the information. Construe the subpoena strictly and exclude any information which is arguably not covered by a proper subpoena. Ask the court, if disclosure is required, for an order that any information produced be kept strictly confidential and that it be used only for the limited purpose of the particular case at hand. Ask that access to it be restricted to the agents working on the case. Sometimes these terms may be agreed to informally by the party seeking the information, but even if such an agreement is reached, ALA strongly recommends that this agreement be entered as a formal order of the court. If there is such a formal order, anyone breaking the terms of the protective order might be subject to a sanction for contempt of court. Keep in mind that a polite but firm response is the best way to deflect attempts at persuasion, coercion or misguided appeals to patriotism. When a law enforcement officer realizes that he/she simply will not succeed by such methods, most likely he/she will abandon the effort and take the appropriate course of action by proving to the proper court that he/she has good cause to receive access to such confidential information. Be prepared to communicate with local news media. Develop a public information statement which may be distributed to interested members of the public and law enforcement officers detailing the principles behind confidentiality. Such a statement should include an explanation of the chilling effect on First Amendment rights which public access to personally identifiable information about library users would cause. Emphasize that the First Amendment protections of free speech and a free press guarantee the corresponding freedom to read what is written, hear what is spoken, and

24 view other forms of expression. The protection of privacy preserves these rights. An individual s reading habits cannot be equated with his or her character or beliefs. The First Amendment does not apply only to pre-approved or popular beliefs. The First Amendment guarantees the right to hold and espouse unpopular beliefs and ideas. The First Amendment protects dissent. The First Amendment protects against the imposition of a state or community-approved orthodoxy as well as an enforced conformity of expression and belief. The First Amendment protects all Americans rights to read and view information and decide for themselves their points of view and opinions. The freedom to read and to consider all types of information without fear of government or community reprisal or ostracism is crucial to the preservation of a free democratic society. The freedom to read fosters and encourages responsible citizenship and open debate in the marketplace of ideas. The library is a central resource where information and differing points of view are available. Library users must be free to use the library, its resources and services without government interference. ENDNOTES (1) Usually, a motion for a protective order, or to suppress or quash the subpoena, is the vehicle used to resist. A showing of good cause is normally made in a hearing on such a motion, and the court hearing such a motion will decide whether good cause exists for the subpoena or if it is defective, and will then decide whether or not the library must comply. Be aware that some states require the unsuccessful party on a motion for a protective order or to quash a subpoena to pay the costs for responding to and hearing such a motion. Check with legal counsel on this issue as well. (2) Legal counsel should draft the particular protective language, and the library administrator should review it to be sure it adequately protects the information to be produced. 01/23/89

25 3.03 PRIVACY LAW CLARIFICATION GUIDELINE When an adult comes in with a library card to check on his/her delinquency, ask if it is their card. If it is not their card, you cannot give any information out. Tell them you need to talk to the person that the card belongs to. If the guardian comes in and wants to know what their child has checked out, you can have them fill out the Release of Minor Child s Library Record Form. This release form allows the parent/guardian access to the child s library records. This information will be noted in the child s library record under the NOTE 1 line. If they don t fill out the form, the only information you can give the parent/guardian is the number of materials their child checked out, the due date, and cost. On the phone you don t know if you are talking to the patron or not so just use your judgement. Approved by Administrative Council 07/18/2007

26 3.04 FREEDOM OF INFORMATION ACT REQUEST POLICY The Public Libraries of Saginaw recognizes and supports the public s right to information regarding the affairs of the library. Requests The Public Libraries of Saginaw is committed to complying with requests for library records in accordance with the provisions of the Michigan Freedom of Information Act (FOIA), MCL et. Seq. FOIA requests should be submitted in writing to: Director/FOIA Coordinator Public Libraries of Saginaw Administrative Office 505 Janes Avenue Saginaw, MI Requests should be as specific as possible in order to assist the library in identifying and locating requested records in an efficient manner. The FOIA request must be dated and signed by the requestor, along with contact information such as phone number and/or address, in case clarification is needed by the FOIA Coordinator. The library may charge a reasonable fee for the actual costs; not to exceed $1.00 per page for copies, $25.00 per hour for retrieval of information, and an attorney fee if required for examination and review. Responses In accordance with Michigan law, the requester will receive a response within 5 business days which will do one of the following: provide copy(ies) of the requested record(s); provide written notification of a 10 day extension in response time; deny the request if the requested record(s) is/are exempted under MCL et. Seq.; or a combination of the above. FOIA Coordinator The library s Freedom of Information Act Coordinator is the Library Director or his/her designee. FOIA Appeals Denial of a request by the Library s FOIA Coordinator may be appealed to the Public Libraries of Saginaw s Board of Trustees by forwarding the request with a written notice stating appeal and the reasons why the denial should be reversed. This can be sent to: Chairperson, Public Libraries of Saginaw Board of Trustees Public Libraries of Saginaw Administrative Office 505 Janes Avenue Saginaw, MI You also have an alternative right to seek judicial review of the denial of your request as provided under Section 10 of the Freedom of Information Act, MCL Approved by Library Board

27 3.05 FREEDOM OF INFORMATION ACT PUBLIC INFORMATION REQUEST FORM NO. DATE TIME A REQUEST WAS RECEIVED FOR MATERIAL FROM ADDRESS PHONE REQUEST: RECEIVED BY DISPOSITION: TOTAL CHARGES: (To be filled in and signed by person handling request) Signed The library may charge a reasonable fee for the actual costs; not to exceed $1.00 per page for copies, $25.00 per hour for retrieval of information, and an attorney fee if required for examination and review. Approved by Library Board

28 3.06 FREEDOM OF INFORMATION ACT DENIAL OF REQUEST FOR INFORMATION TO: You are hereby notified that your request of (date) has been denied because the information requested is exempt from disclosure pursuant to Section 13 of the Freedom of Information Act (MCL (1) for the following reasons: Under Michigan law, you may commence an action in the Circuit Court to compel disclosure of public records (Freedom of Information Act, Section 10, MCL ). We have attached a copy of the Freedom of Information Act for a full explanation of your right to seek judicial review under section 10. Name and Title of Person Denying Request Date Approved by Library Board

29 4.01 GIFT BOOK & MATERIALS POLICY The Public Libraries of Saginaw encourages gifts of books, periodicals, records, videos, cassettes, CDs and other materials which will be useful to the Library and which will increase the scope of its collections. The Library s policy is that no materials will be accessioned as gifts that would not be approved for inclusion through normal selection procedures. The Library accepts gifts with the understanding that the items not needed will be disposed of in whatever manner the Library deems best by giving them to other libraries or institutions, by exchanging them for other materials of equal value which the Library needs, or by selling them to purchase needed materials. The Library may donate materials to the Friends of the Public Libraries of Saginaw to be sold in Friends-sponsored book sales that benefit the Library. All gifts are considered permanent and cannot be returned. The Library generally cannot accept gifts with specific stipulations, such as keeping a private library intact as a collection. The Library reserves the right to integrate gifts with other materials on the same subject, so that all collections are organized and classified according to library standards for the best public service. The Library will issue a Gift Receipt for the number of items received at the time of donation. The donor is requested to furnish a count of the items. Estimates of fair market value for income tax purposes are the responsibility of the donor. For more information, contact the Business Office, Public Libraries of Saginaw, 505 Janes St., Saginaw, MI 48607, or NAME ADDRESS GIFT BOOK & MATERIALS RECEIPT CITY STATE ZIP TELEPHONE I HEREBY DONATE THE FOLLOWING ITEMS TO THE PUBLIC LIBRARIES OF SAGINAW SUBJECT TO ITS GIFT POLICY: HARDCOVER BOOKS PAPERBACKS PERIODICALS (ISSUES) OTHER (PLEASE SPECIFY) SIGNATURE THE PUBLIC LIBRARIES OF SAGINAW GRATEFULLY ACKNOWLEDGES THIS GIFT OF MATERIALS TO SUPPLEMENT THE COLLECTIONS AND ENHANCE SERVICE TO THE PUBLIC. RECEIVED BY BRANCH DATE 02/18/93 Approved by PLS Library Board

30 4.02 GIFT BOOK AND MATERIALS RECEIPT PROCEDURE This form is to be used as a receipt for the donation of materials to the library. 1. According to Internal Revenue Service (IRS) regulations, persons wishing to receive credit for non-cash contributions must receive a written receipt from the charitable organization. The library s receipt serves this purpose. People wishing to know more information on IRS written record keeping requirements and assigning fair market value to their donation can be referred to the following IRS publications online at IRS Publication 526 IRS Publication 561 Charitable Contributions Determining the Value of Donated Property If people are donating rare or unusual materials to the library, it is recommended that they get them appraised. (The library does not provide values for donated materials.) 2. Please fill in the form completely, giving all the information that is required. 3. Give the person donating the materials the original copy. 4. Keep a copy for library records. Copies should be kept on file at each branch and retained for seven years. Revised 7/23/2007