HomeMy WebLinkAboutAgenda Packet - LB - 2022.05.17CITY
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Tuesday, May 17, 2022
City of Burlingame
Meeting Agenda - Final
Library Board of Trustees
5:30 PM
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
On September 16, 2021, Governor Newsom signed into law AB 361 which allows a
local agency to meet remotely when:
1. The local agency holds a meeting during a declared state of emergency
2. State or local health officials have imposed or recommended measures to
promote social distancing
3. Legislative bodies declare the need to meet remotely due to present imminent
risks to the health or safety of attendees
On April 18, 2022, the City Council adopted Resolution Number 036-2022 stating that
the City Council and Commissions will continue to meet remotely for at least thirty
days for the following reasons:
1. There is still a declared state of emergency
2. The State recommends that individuals in public spaces maintain social
distancing and wear masks
3. The City can't maintain social distancing requirements for the public, staff,
Councilmembers, and Commissioners in their meeting spaces
Members of the public may view the meeting by logging into the Zoom Meeting listed
below.
Members of the public may provide written comments by email to
publiccomment@burlingame.org.
The length of the emailed comment should be commensurate with the three minutes
customarily allowed for verbal comments, which is approximately 250-300 words. To
ensure that your comment is received and read to the Library Board of Trustees for
the appropriate agenda item, please submit your email no later than 5:00 p.m. on
May 17, 2022. The City will make every effort to read emails received after that time,
but cannot guarantee such emails will be read into the record. Any emails received
after the 5:00 p.m. deadline which are not read into the record, will be provided to
the Library Board of Trustees after the meeting.
Online
City of Burlingame Page 1 Printed on 5/13/2022
Library Board of Trustees Meeting Agenda - Final May 17, 2022
1. CALL TO ORDER - 5:30 p.m. - Online
To access the meeting by computer:
Go to www.zoom.us/join
Meeting ID: 898 8383 8303
Passcode:901557
To access the meeting by phone:
Dial 1-669-900-6833
Meeting ID: 898 8383 8303
Passcode:901557
2. ROLL CALL
3. PUBLIC COMMENTS
Members of the public may speak about any item not on the agenda. Members of the public may suggest
an item for a future Library Board of Trustees' agenda during the public comment period. The Ralph M.
Brown Act (the State local agency open meeting law) prohibits Trustees from acting on any matter that is
not on the agenda.
4. APPROVAL OF MINUTES
a. Approval of Library Board of Trustee Meeting Minutes for the March 15, 2022 Meeting
Attachments: Meeting Minutes
5. CORRESPONDENCE AND INFORMATION
a. April Statistics
Attachments: Adult Services
Children's, Teens, and Easton
6. REPORTS
a. City Librarian's Report
Attachments: Report
b. Foundation Report
7. OLD BUSINESS
a. Public Art Update for the Peninsula Museum of Art Donation and the Parking Area Wall
Mural
City of Burlingame Page 2 Printed on 511312022
Library Board of Trustees Meeting Agenda - Final May 17, 2022
b. AMH (Automated Materials Handling)
C. Date for Next Meet and Greet with BPL Staff
8. NEW BUSINESS
a. Monthly Topic - Easton Library - Patti Flynn
Attachments: Easton Branch - History and Highlights May 2022
Easton Branch - Library Staff
b. Library Policies for Review - PLS Procedures for Handling Law Enforcement and Legal
Requests for Information and PLS Privacy Policy
Attachments: Law Enforcement Requests Procedures
Patron Privacy Policy
C. Trustees and Foundation Dual Project for Library and City
d. Discussion about Rotation and Term Expiration
9. ANNOUNCEMENTS
10. ADJOURNMENT
Any writings or documents provided to a majority of the Library Board of Trustees will be
made available for public inspection at the City of Burlingame's website: www.burlingame.org.
City of Burlingame Page 3 Printed on 511312022
Burlingame Library
Board of Trustees
April 19, 2022
I. Roll Call
Trustees Present: Kris Cannon, Danielle Garcia, Mark Lucchesi,
Mike Nagler, Elisabeth Ostrow
Staff Present: Brad McCulley, City Librarian
Andrea Shaw, Acting Manager of
Technical Services Department
II. Library Board of Trustees Minutes.
The Trustees unanimously approved the minutes of the March 15, 2022
Trustee Meeting. M/S/C (Nagler/Garcia)
III. April Statistic
April 15th was Bunny Story Time which was held in front of City Hall and
Alex the Great, a 28 pound bunny rabbit was the featured guest to the
delight of the children. A photo of Alex at the story time was posted on
Facebook and received 492 hits.
IV. Reports
A. City Librarian's Report - Library Bench Mark
Brad reviewed the Library Bench Mark statistical report of 2019
prepared by the Public Library Association.
• Public Library Association assists state of California with
gathering library statistics.
• Library directors are provided with a certain amount of the
statistical results without charge but have to pay to access the
complete results of the survey.
• Our library is compared to other libraries in our peer group which
is one of the areas we do not have access to. However, Burlingame
library would not be compared to a library that had a larger
budget or population than Burlingame
• The areas made available to us are Total Collection Use, Number
of Library Programs, Visits to Library, Operating Expenditures,
FTE Total, Computer Use Per Capita, Percentage of Community
over 25 with College Degrees and Community Demographics.
• In the areas listed above, out library is statistical higher than our
peer group and all other libraries included in the survey
information that was provided to us.
B. Foundation Report
Sara Simpson has been hired to serve as the Executive Assistant of the
Foundation for 20 hours per week.
V. Old Business
A. Public Art
1. Peninsula Museum of Art Donation
The owl is currently residing in the Lane Room but will not be
displayed to the public until a solid base is constructed to hold it
firmly in place.
2. Parking Area Wall Mural
The National Charity League is planning to begin painting the
mural this coming weekend.
B. Building Culture Between Trustees and Staff
Trustees Garcia, Cannon and Nagler attended the first meet and
greet coffee and goodies event with staff on April 7th. Both staff
and Trustees enjoyed the get together and plan to have another
event in the summer.
The idea of having a joint after hours event with the Foundation
members to get acquainted but also discuss possible ways for the
two organizations to work together to benefit the Library and the
City was suggested.
o Brad noted that there might be a conflict with the Brown
Act.
o The Trustees reqested that Brad meet with the City
Attorney and discuss the best way for the Trustees and
Foundation to work on projects together that would benefit
the City and the Library.
VI. New Business
A. Monthly Topic - Technical Services Department - Andrea Shaw
• Andrea, as acting Technical Services Manager, explained how the
department functions and the role it plays in organizing and
processing new library materials while at the same time keeping
the Library's hardware, software, and networking related issues
working smoothly so staff can operate and serve the public.
• The department is composed of two sections Technical Services
and Informational Technology.
• Specific functions of Technical Services consists of ordering most
library material, cataloging new materials, and finally processing
the materials for patron use by labeling, adding book jackets and
inserting security tags.
• Specific functions of Information Technology are maintaining staff
computers, printers, copy machines, self check machines,
scanners etc. as well as making sure internet and Wi-Fi
connections are performing on a consistent basis.
B. AMH BACKGROUND
Brad was recently advised by Plan that our AMH system which the Library
purchased from 3M at a cost of $325,000 in 2015 during the remodel has
a life span of 10 years of which 8 have been used. The AMH was purchased
for the purpose of reducing Workman's Comp claims for wrist injuries to
staff caused by continually opening DVD cases. Currently all the libraries
in San Mateo County have an AMH except for Daly City. The system is the
norm across the country. The Trustees discussed the following facts
relating to this issue.
• The City Manager has informed Brad that the City will not fund the
cost of a new AMH system.
• Our library has to purchase a new AMH system through PLS. PLS
helps us maintain the machine and payments are made through
PLS.
• Redwood City has the same issue and has decided to purchase a
Swedish brand called Lyngso.
• One bright spot regarding replacing the AMH is that the cost of the
system is less then in 2015.
• The Circulation Department has started to research vendors and
obtain quotes on a new system.
• The Trustees came up with the idea of possibly working with the
Library Foundation to find a solution regarding how to fund the cost
of a new AMH system.
C. Photography Policy
• The Trustees reviewed the policy and noted that it specifically states
that photographing minors is prohibited without parents consent.
• The question arose as to how group photos that are taken of children
and used for publicity purpose coincides with the policy statement.
• A statement at the bottom of the poster acknowledges that by having
your children attend the event you are giving consent to use your
dependents appearance for publicity of library programs.
• The Trustees want to know whether it is the policy or the statement
on the publicity poster that is the controlling factor in photographing
children/minors and requested that Brad contact the City Attorney
to discuss and clarify the issue.
• The Trustees unanimously passed a motion to approve the "Personal
Photography and Filming in the Burlingame Library" policy.
M/S/C (Cannon/Ostrow.)
VII. Agenda Building
Trustee Cannon asked if the Trustees could have a list of the suggested
library events that the they could attend.
VIII. Action Items
• Brad will check with City Attorney to ascertain if there is a possible
way that that the Trustees and Foundation members can work
together on a project to benefit the Library and the City without
violating the Brown Act. At the same time Brad will find out whether
the photography policy or the statement on the Children's publicity
poster is the controlling factor with regard to photographing minors.
• Trustee Cannon requested a suggested list of events that the Trustees
could attend.
VIII. Adjournment
The meeting was adjourned at 7:1 OPM M / S / C (Nagler/ Cannon) .
The next Zoom meeting of the Library Board of Trustees will be held
May 17, 2022 at 5:30pm
Respectfully Submitted
Brad McCulley
City Librarian
Burlingame Public Library
Ld
Adult Services Stats
April 2022
Program
Date
# Programs
Attendance
Learn Tagalog for Fun
Mondays
4
19
Sit N Stitch
Tuesdays
4
16
English Learners Group
Wednesdays
& Thursdays
8
32
Mobile App Design Workshop
4/9
1
12
Earth Day Terrarium Craft
4/13
1
9
Earth Day Terrarium Craft
4/14
1
9
First Date Stories with Author
Jodi Klein
4/19
1
11
Booked on Crime
Mystery Club
4/21
1
4
Stroke 101 Presented by the
Pacific Stroke Association
4/26
1
16
Total
22
128
Kanopy
Month
Plays
Cost per play
Kanopy Kids and K Series (Great Books)
Monthly Invoice
$5/month for unlimited plays
April
316
$2
4 KIDS and
$732
2022
16 Great Courses
336 total plays
Pronunciator (Language Learning)
New registrations Sessions Top 3 languages
1 2 Chinese, French
Ancestry.com
76 Sessions with 1944 searches run.
Universal Class
5 sessions with 22 lessons viewed and 42 videos watched
Children's and Teen Monthly Statistics
Apr-22
Children's Desk Reference Questions
811
Easton Branch Reference Questions
294
Programs
Attendance
Cost
STORYTIMES
Live Storytime with Miss Jenny Easton Branch
4
66
Thursday Storytime -- Kelly
3
236
Friday Storytime -- Jennifer
5
420
TOTAL STORYTIMES
12
722
CLASS VISITS
Preschool Class Visits at Schools
Preschool Class Visits at Library
Virtual Elementary School Class Visits on Zoom
Elementary School Class Visits at Library
2
43
Middle School Class Visits at Schools
Middle School Class Visits at Library
TOTAL CLASS VISITS
2
43
SPECIAL PROGRAMS FOR CHILDREN
Food and Fiction
1
12
National Library Week -- Fratello Marionettes
1
139
Baby Sign Language
1
49
Music Party
1
29
Homework Center (children)
9
17
Madeline Hur Poet Laureate Zoom event
1
103
Earth Day Scavenger Hunt -- in library Children's Room
1
262
Poetry Month
1
447
Andy Runton drawing event -- Zoom
1
52
Mini Easel Art April 1
1
66
Harry Potter giveaway drawing
1
81
TOTAL SPECIAL PROGRAMS FOR CHILDREN
19
1,257
SPECIAL PROGRAMS FOR TEENS
Homework Center (teens)
9
37
Teen Advisory Board
1
8
First Look Book Group
1
7
Earth Month Bingo
1
19
PLCAF Queer Comics -- Zoom
1
21
PLCAF Graphic Memoir -- Zoom
1
12
BHS Outreach Volunteer Recruitment
1
60
TOTAL SPECIAL PROGRAMS FOR TEENS
15
164
TOTAL CHILDREN'S & TEEN PROGRAMS
City Librarian Report to Board of Trustees
17 May 2022
BURL i NGAMI
Personnel Updates:
o Main Staff:
1. Circulation new faces-- Abhay Sandhu, Maureen Carey, Lauren Vogt, and Kari Giannini.
K 3 ri
o Easton Staff — see report
o Part-time Budget: N/A
General Updates:
o Lions Club Donation: This is a yearly donation left as an investment fund by the City's first
City Librarian — George Paul Lechich — for the Library's benefit. The Childrens Mgr made a
presentation this year and received a check for $8k. This will fund Summer Reading and
literacy events as well as Large Type collection development
o Covid Update:
1. City Council will not be returning to chambers until the Governors declaration of
emergency is rescinded
2. Beginning Monday 16 May, staff will no longer be required to wear a mask in public
areas. However, it is still highly recommended.
o Committees -- Professional Development Committee has been formed and will begin planning
the day (Columbus Day) — Geralyn Obrien is leading the team.
o Policy— Policy statement for Law Enforcement and Legal
Requests for Information & PLS Privacy Statement — see attached
1
o Facilities update — EV charger project for Library parking lot most likely will not come to
fruition due to doubled construction costs.
o PLSiPLP (Peninsula Library System / Pacific Library Partnership)
1. PLS/PLP has announced new Deputy Director
o Upcoming EVENTS: https://www.burlingame.org/library/events2/upcomingevents.php
Easton Branch Library History and Highlights
May 2022
First, a little Easton Library history...
• The Easton Branch Library opened in 1942, in the former clubhouse of the North Burlingame Women's Club.
When it opened, there were 3,000 volumes in the library, and today there are over 17,000 volumes.
• The Easton Branch was a full -service library from the 1950's through the mid 1970's, but in 1978, Proposition 13
nearly closed Easton. Fortunately, a group of citizens (including Kris Cannon!) came to the rescue, and helped
keep Easton open with reduced hours.
• In 2001, the City Council agreed to a renovation plan for Easton, to improve the condition and seismic safety of
the building, and to provide accessibility for disabled patrons.
• Easton closed for renovation in 2003 and reopened in October 2004 as a completely new space, highlighting
popular materials, audio-visual items, and a large children's collection. Easton's hours were also increased to
30 hours per week: Monday through Thursday 2-8 pm, and Friday & Saturday 2-5 pm.
During the recent library closure...
• Even though our doors were closed, we still sent out thousands of Easton's books and audio-visual materials
for patrons' holds at the Main Library and at other libraries throughout the Peninsula Library System.
• Several of our part-time Easton staff members either retired or started full-time jobs elsewhere, so we have
hired several new staff members, including new Library Assistants Kellee Cross, Jon Valle, and Marci Benson,
and new Library Aide Michaela Dana. They join longtime Easton Library Assistants Maureen Lennon and Wendy
Sakaguchi, and longtime Library Assistant Azita Keshmiri, who also works at the Main Library.
• When Easton reopened last summer, we had reduced hours, but as of last month, we are back to our original
hours: Monday through Thursday 2-8 pm, and Friday & Saturday 2-5 pm. Every day, patrons tell us that they are
grateful that we are open again and happy that we're back to our original hours. O
And now, some recent activity and upcoming events:
• Easton is always a popular spot after school, since four schools -- Our Lady of Angels (across the street), Lincoln
School, Roosevelt School, and Hoover School -- are all within walking distance.
• We have recently resumed Bedtime Storytime at Easton on Wednesday evenings. Before the recent library
closure, we offered two storytimes per week at Easton -- Bedtime Storytime on Wednesday evenings, and
Toddler Storytime on Thursday mornings.
• We have also recently resumed in -person class visits at Easton, with students from local schools walking to
Easton to have a visit with a Children's Librarian. Before the recent closure, the Children's Librarians had regular
class visits at Easton with students from OLA, Lincoln, Roosevelt, and Hoover schools, and these class visits will
be continuing in the fall.
• All of the major Children's Department programming offered at the Main Library — such as Summer Learning,
Winter Reading, and Poetry Month for elementary school -age children — are all offered at Easton as well.
• We just completed a very successful Poetry Month at Easton in April, with over 120 children bringing in an
original poem that they had written, and choosing a free book of poetry to keep.
• And we're really looking forward to the Summer Learning Program, which will be starting at both Main and
Easton on May 23. We'll also be having an Easton Summer Learning Kickoff on the front porch of the library on
Monday, June 13! O
In summary...
The Easton Branch continues to be a treasured neighborhood library for patrons of all ages — one where many patrons
walk from their nearby homes to enjoy this beautiful gem in north Burlingame.
Easton Branch Library Staff
May 2022
Kathy von Mayrhauser
Children's & Easton Branch
Manager
LI
Wendy Sakaguchi
Library Assistant
Jon Valle
Library Assistant
r
Paul Derugin
Library Assistant (on -call)
Patti Flynn
Library Assistant III / Easton
Azita Keshmiri
Library Assistant
Aw
Marci Benson
Library Assistant
Katie Donner
Library Assistant (on -call)
Maureen Lennon
Library Assistant
4
Kellee Cross
Library Assistant
Michaela Dana
Library Aide
TV
Vince Lubrano
Library Assistant (on -call)
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PENINSULA LIBRARY SYSTEM
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REQUESTS FOR INFORMATION
GENERAL GUIDELINES
PLS policy respects patron privacy. Personally identifying information such as a patron's name,
address, books borrowed, reference use and Internet use shall only be kept as necessary for the
administration of the library. Such records will be expunged when no longer necessary. See the
following supporting resources:
PLS Policy Statement for Law Enforcement and Legal Requests for Information
(includes applicable American Library Association references, government codes and
case law)
PLS Data Retention Policy
PLS Patron Privacy Policy
In most situations, it is against the law to turn over patron records without a court order. Staff
should understand that it is their obligation to refer any law enforcement agent or officer
seeking patron records or patron information to the appropriate personnel.
In the unlikely event that a search warrant is served, and law enforcement is unable to delay its
execution until the appropriate personnel are available, staff shall familiarize themselves with
search warrant procedures in this procedural manual.
Who Should Handle the Request
Verbal or written requests (without a court order) shall be referred to the member Library
Director.
All requests and search warrants for patron records, Internet and computer use maintained on
PLS/PLAN Central Servers or centrally by PLS shall be referred immediately to the PLS Director
or designated officer and to the member Library Director. The PLS Director shall consult with
the PLS Attorney and PLAN Technology Manager in responding to warrants.
Other court orders (including subpoenas), where time is not of the essence, shall be referred to
the member Library Director. The Library Director shall refer all requests for PLS/PLAN data to
the PLS Director. The Library Director shall consult with the Library's Attorney for records that
are not owned by PLAN.
Search warrants, by law, may be executed immediately. It is preferred, whenever possible, that
law enforcement allow a brief delay so that the library may bring its attorney and appropriate
library personnel, including the PLAN Technology Manager.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
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REQUESTS FOR PATRON RECORDS, COMPUTER, INTERNET ACTIVITY AND OTHER
REQUESTS: PROCEDURES FOR LIBRARY DIRECTORS OR DESIGNEES
If the request is for patron records, ask to see a court order. This is an order signed by a judge
and includes search warrants. It does not include otherwise official -looking documentation or
PATRIOT Act requests. Although federal law trumps state law, the PATRIOT Act did not change
the state requirement for court orders. The library must respond to federal subpoenas, but in
consultation with an attorney, may challenge them to let a judge determine the outcome.
California law protects patron records, allowing access only with a court order, patron consent,
or to administer the library. "No order, no records" should be the rule of thumb. Requests
from the FBI and local law enforcement, such as letters requesting preservation of information,
should also follow the guidelines below.
State law does not protect information based on observations (e.g. description of suspect).
State law sets the floor, not the ceiling on protecting patron privacy. The library may wish to
consult with the library's attorney if questions are asked about patron conversations, behavior,
etc.
Please see the PLS Policy Statement for Law Enforcement and Legal Requests for Information for
specific California State Law regarding library privacy.
IF NO COURT ORDER OR SUBPOENA IS PRESENTED — DIRECTIONS FOR LIBRARY
DIRECTOR OR DESIGNEE
1. Staff should refer all requests to the Library Director or designee.
The Library Director or designee should offer the law enforcement officer a copy of the
California law that protects library patron records, Calif. Govt. Code §6254, 6267 (see
Appendix in PLS Policy Statement for Law Enforcement and Legal Requests for Information
for text). This shows that the library may not, by law, divulge library circulation and
registration records without a court order. Law enforcement will generally want to follow
the proper procedure, or risk having the evidence suppressed later.
3. Wait. If there is a good case, it should not take long for law enforcement officers to get a
court order.
4. Apprise the library's governing authority and attorney as appropriate.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
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IF A COURT ORDER OR SUBPOENA IS PRESENT
STEP ONE — DIRECTIONS FOR LIBRARY DIRECTOR OR DESIGNEE
Note: This assumes the request is initiated at a library. If the request is initiated at PLS or PLAN
headquarters, the same steps may be taken by the PLS Director.
Identify the agent -in -charge. Ask for identification and check it out.
For example, if an FBI agent comes in, verify his/her identity by calling the local office. The
San Francisco Headquarters number is (415) 553-7400 (24hrs.) Local Bay Area offices are
listed at http://sanfrancisco.fbi.gov/sfcontact.htm. Use the telephone book to find numbers
of other law enforcement agencies. Don't just call a number given to you by the agent. Get
a business card for your records.
2. Tell agent -in -charge who is in charge at the library's end.
If the request is for local records (such as paper Internet sign-ups) or patron observations, it
is the Library Director or designee.
If the request is for PLS/PLAN data (even if the target patron is a local patron), the PLS
Director or designee is in charge.
Request (but do not command) that the agent and his/her officers direct all inquiries
through the person -in -charge.
3. Ask for a copy of the search warrant and its affidavit.
A copy of the search warrant is essential, as the search must comply with its terms. The
affidavit that law enforcement used to get the warrant may be helpful to you, but it may
not be available.
4. Ask for a brief delay to assemble the appropriate personnel. If possible, escort the law
enforcement officers to a private area.
Law enforcement has the discretion to grant this brief delay, or to execute the warrant
immediately. As long as records are not in the process of being destroyed, and the library is
an "innocent third party," it is likely that a brief delay will be granted. The library may be
asked to "preserve evidence" (such as sign-up records) while the process unfolds.
Together the library and law enforcement persons -in -charge will determine the most
appropriate location to meet (e.g. the library or the PLAN office).
If law enforcement officers wait for the appropriate library personnel to arrive, it is
desirable to escort them to a private area, to minimize questioning of staff and general
disruption.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
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5. Fax the warrant to the appropriate library personnel and attorney so they can review it as
soon as possible.
If not near a fax machine, tell the attorney the time the warrant was served, which areas
the warrant states are to be searched, the sorts of evidence the warrant states are to be
seized, and the law enforcement agencies that are involved.
6. Next, remind staff of their roles.
Suggest to nonessential staff that they stay out of the way. They must not interfere with the
search. Advise them that they are not required to answer questions from law enforcement.
It is improper and may be illegal to instruct staff not to answer questions, but they should
be advised of their right to decline to be interviewed, and their right to have an attorney
present if they choose to be interviewed. Be sure staff understands that there is no such
thing as an informal conversation or off-the-record comment with agents in such
circumstances. It is also easy to inadvertently "consent" to a search broader than the
warrant provides. Staff is not required to authenticate documents seized or otherwise
respond to questions except as to the location of the items described in the warrant (and
these inquiries should be directed to the person in -charge).
Caution on "CONSENT." If the library is asked for consent to search items
beyond the scope of the warrant, decline. This includes all staff. The
government could use any consent given as an alternative basis, in addition
to the search warrant, for defending the legality of the search, e.g., to
expand the search beyond the scope permitted by the search warrant.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
STEP TWO: THE ATTORNEY ROLE
The steps outlined here are a recommended blueprint for Library Director/Attorney discussions
before a search warrant is served. If the library attorney is not experienced in criminal matters,
it may be advisable to have a consulting criminal attorney available (even by phone).
If time is of the essence and the attorney is not yet present, the Library Director (for local
observations, records) or the PLS Director (for PLS/PLAN data) will want to be as familiar as
possible with these steps.
The Attorney will ask to speak to the agent -in -charge or lead government attorney
handling the matter (by phone if necessary).
Emphasize that the library will do everything it can to ensure that the search proceeds
smoothly, but that you would like for them to wait until you arrive (and the appropriate
personnel, such as the PLS Director/Technology Manager) to make sure that everything
is in order.
2. The Attorney will make sure the warrant is signed by a judge or magistrate.
If there is a discrepancy, notify the agent -in -charge.
3. The Attorney may ask for a delay long enough for the library to litigate the warrant's
validity.
This is an unusual request, but it was successfully made in the Colorado Supreme Court
Tattered Cover decision (see Appendix in PLS Policy Statement for Law Enforcement and
Legal Requests for Information). In that case, the "innocent third party" status of the
bookstore helped the court determine that an adversarial hearing (instead of a search
warrant, which does not use the adversarial process) was required before law
enforcement could request bookstore records, to avoid "chilling" the public's right to
read. If the library acts quickly, it may be possible to persuade the District Attorney or
U.S. Attorney to direct the law enforcement officer not to execute the warrant until the
library can litigate the validity of the warrant.
4. The Attorney will examine the warrant to see if it is narrowly tailored. If not, the
attorney may be able to negotiate a narrowing of terms.
Note the exact premises to be searched, exactly what is to be seized, who issued the
warrant, and any time limits for executing the warrant. Negotiation here may be
possible (such as one hour of records instead of 30 days). Targeting the specific records
needed goes a long way toward protecting innocent patrons' privacy. Make sure the
search conducted does not exceed the terms of the document.
5. Delegate someone (other than the principal library team members) to take notes of
the search. If law enforcement agents split into groups, additional staff may be
needed to monitor each group.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
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The monitoring staff member(s) should not do anything that may be interpreted as
obstruction. Be courteous, cooperative and quiet. Sometimes searches can get chaotic.
Calm monitoring and note taking can be helpful to recall what took place. Note down
what questions were asked, such as where certain items can be found.
Agents sometimes number the rooms that they enter. Record the numbering scheme.
Record an inventory of the type and location of all evidence seized. Your inventory will
make more sense to you later than the inventory that the law enforcement officers give
you. Try to observe the agents' conduct, the places searched, and the time involved in
each part of the search. The agents will probably be patient with this note taking and
identification process. They are not likely, however, to slow down the process or allow
staff to interfere with the search in any way.
6. If law enforcement goes beyond the scope of the warrant, the attorney may ask them
to desist. No one should grant consent to go beyond the scope of the warrant.
The attorney may call the District Attorney or U.S. Attorney to try to stop this. Do not,
however, impede or obstruct. Take notes or even photos/videos if this occurs.
7. The attorney will request backup copies of all documents (photocopies) and computer
disks that are seized.
Better yet, ask if you may keep the originals and turn over the photocopies. If the agent
refuses you copies, record in further detail all items that are seized.
8. The attorney will get an inventory of any items that are seized.
This is important in recovering the items later. You are entitled to an inventory of all
items seized. Do not sign anything verifying the contents or accuracy.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
STEP THREE: FOLLOW-UP ACTIONS FOR THE LIBRARY DIRECTOR OR DESIGNEE
1. Keep track of expenses.
In some cases the library may be able to be compensated, e.g., if the library must rent
computers to replace those seized.
2. Double check to see if a gag order has been included with the court order.
You will be told if there is a gag or "sealed" order. If so, you must comply with the terms
of the order. For example, Section 215 of the Patriot Act (and other sections of the
Foreign Intelligence Surveillance Act) states that "No person shall disclose to any other
person (other than those persons necessary to produce the tangible things under this
section) that the FBI has sought or obtained tangible things under this section."
Necessary persons will include an attorney and essential staff up the chain of command,
but not nonessential staff, spouses, etc. Keep records of the incident in a secured
location.
3. Apprise governing authority.
Although it is unlikely that there will be time to apprise the governing authority before
or during the search, be sure to brief them as soon as possible. They may be called by
the press.
4. Draft "talking points" if the press calls.
Stick to talking points. If you are bound by a gag order, talk to the attorney to help draft
an appropriate "no comment" statement. Make sure that staff is briefed on these points
or that they routinely refer all press inquiries to a designated person.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
.......... _
DESCRIPTIONS OF REQUEST TYPES
COURT ORDERS: SUBPOENAS
Staff should never turn over records to an official with a subpoena, unless the Library Director
(or PLS Director if PLS/PLAN data is involved) has approved the request. An attorney should
be consulted. Unlike search warrants, subpoenas are not immediately executable, allowing
time for consultation.
Not all subpoenas are enforceable court orders. Subpoenas are issued under a variety of federal
and state statutes. Some statutes authorize an agency to apply directly to a court for
enforcement; some require the Attorney General's aid to apply for a court order; others have
no enforcement mechanism. Some statutes that authorize subpoenas may have internal
privacy constraints.
The bottom line is that the Library Director/PLS Director should consult with an attorney to
determine the subpoena's validity and whether the library should challenge it. The library
should discuss with the attorney the importance of giving notice to the patron whose records
have been subpoenaed, when possible, so that s/he can mount a challenge as well.
For state and local subpoenas, the attorney will likely challenge a subpoena that is not already
authorized by a court. State law requires court orders before turning over library patron
records.
Federal subpoenas are not subject to state law, but may also be challenged. Although courts
are usually deferential in authorizing subpoenas, a number of factors are considered when the
First Amendment is at issue. Courts will look at the likelihood that library records are needed,
and consider whether alternate sources can be found. The goal is to use the judicial process so
that a judge, not the library, is making a careful determination based on all the evidence.
COURT ORDERS: INTERCEPTS (WIRETAPS)
Unlike search warrants which look for past information, intercepts trap "real-time" or future
content, i.e., what your patrons will use your Internet terminals for. It is the most invasive of
the orders, and the most difficult for law enforcement to get. These orders are most likely to be
directed at Internet Service Providers (ISPs). If the library is not the ISP for its users, it is possible
that surveillance will monitor library users by using taps at the ISP without the library's
awareness.
If the tap is ordered to be placed on the library's computers, be aware that there are strict
timeframes (e.g. 30 days), and that the agents must make reports back to the court.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
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The Act does not impose any additional requirement on service providers to furnish facilities or
technical assistance beyond permitting the authorized Interception.
The government may install its own tools, however, to effect the Interception. Internet tracking
'packet sniffer' tools track computer traffic. A packet sniffer tool may be set to trap content or
it may be set to trap only transactional information (see pen/trap orders). This could happen at
the computer or network level. Other tracking technology allows the installation of key logger
software without the need for government to physically touch the target computer. Key logger
software is powerful: it traps every keystroke, thus getting through powerful encryption, by
trapping a user's password or decryption key, and can be installed without the need for
government to physically touch the target computer. Thus, if the library has a choice, it is
preferable (with regards to maintaining some control), if the library does its own screening,
rather than letting the government use its tools.
Since the library uses PC reservation software, as well as software that erases a public
computer user's usage data after each use, it is very difficult for tracking a patron's computer or
Internet use. All requests should be forwarded to PLAN and the PLS Director.
COURT ORDERS: SEARCH WARRANTS
A search warrant is a court order issued by a judicial officer —a judge or magistrate. It could be
federal, state or local.
Under the PATRIOT Act, national search warrants (also known as "single jurisdiction search
warrants") are authorized, complicating verification and greatly increasing the reach of a single
warrant. If foreign intelligence is involved, the threshold is much lower: There need only be
probable cause that the target is a foreign agent.
REQUESTS TO PRESERVE EVIDENCE
The library may be asked to preserve evidence, pending a court order. This could be by the FBI
or a local law enforcement agency. A telephone, letter or faxed request is valid; the library
should then request a confirmation letter for its own protection. Staff could be held in
contempt if they destroy records in the interim. Even if the request is civil, not criminal, the
library should be sure to comply with such requests. Such requests will have a time frame, such
as 90 days.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
NO WARRANT SEARCHES AND SEIZURES
If law enforcement refuses to get a court order, and appears ready to use force, get out of the
way. Agents may claim exigent circumstances, plain view, search incident to a lawful arrest, or
an emergency authority, authorized in some statutes. The library may then challenge the
procedure after the fact. In a non -USA PATRIOT Act example, law enforcement investigating a
child pornography complaint seized two computers in a library in King County, Washington,
without a search warrant. The library system filed a lawsuit, and in September 2002, a federal
court ordered the computers be returned to the library. A settlement agreement gave the
library $30,000 for attorneys' fees plus $670 for court costs from the city.
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A library that has a reasonable belief that there is an emergency situation involving immediate
danger of death or serious physical injury may, under provisions in the Patriot Act, "invite"
investigations by federal law enforcement. (See Appendix C, reference to US Code Title 18 in
PLS Policy Statement for Law Enforcement and Legal Requests for Information)
Additionally, libraries that have a reasonable belief that there has been a computer trespass
(hackers) may invite federal investigations. (See Appendix C, Computer Fraud and Abuse Act. in
PLS Policy Statement for Law Enforcement and Legal Requests for Information) The definition of
"computer trespasser" does not include authorized users who have violated the Terms of
Service.
COURT ORDERS: SECTION 215 ORDERS (ALSO KNOWN AS FISA 50 U.S.C. § 501-502)
FISA 50 U.S.C. § 501-502 (was § 1861 et seq.) (See Appendix C in PLS Policy Statement for Law
Enforcement and Legal Requests for Information) The Patriot Act, Section 215, also amends the
Foreign Intelligence Surveillance Act to permit seizure of "any tangible things" relevant to foreign
intelligence and international terrorism investigations, including both electronic records and
computer servers containing those records, as well as traditional hard copy records. The internal
FBI procedures for applying for one of these orders are onerous, but the court seldom turns down
a request once it is made. It is a non -adversarial system, in which the FBI applies for an order,
and the proceedings are kept under seal.
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
These requests must be made through the FISA Court. During the legislative process, the Justice
Department asked for FISA subpoena authority for business records, but the final law preserved
the court order requirement.'
Significantly, Section 215 orders involving a U.S. person (i.e. a U.S. citizen or permanent
resident) may be predicated in part, although not solely, on activities protected by the First
Amendment. For anyone else, the justification for the order may rest in its entirety on the
target's First Amendment activity. Moreover, as noted above, the proceedings are sealed. The
only accountability is in sealed reports to Congressional Oversight committees.
Library is protected from lawsuit by an aggrieved patron whose information is given out. "A
person who, in good faith, produces tangible things under an order pursuant to this section
shall not be liable to any other person for such production. Such production shall not be
deemed to constitute a waiver of any privilege in any other proceeding or context."
Gag orders: Libraries that receive these orders are not permitted to disclose to any other
person (other than those persons necessary to produce the tangible things, such as the library's
attorney) that the FBI has sought or obtained tangible things under this section.
National Security Letters
Congressman F. James Sensenbrenner wrote a 12-page letter to Attorney General Ashcroft on
June 13, 2002 asking, among other questions:
Has Section 215 been used to obtain records from a public library, bookstore, or
newspaper? If so, how many times has Section 215 been used in this way? How many
times have the records sought related to named individuals? How many times have the
records sought been entire databases? Is the decision to seek orders for bookstore,
library, or newspaper records subject to any special policies or procedures such as
requiring supervisory approval or requiring a determination that the information is
essential to an investigation and could not be obtained through any other means?
I The Department of Justice wrote, ""The `business records' section of FISA (50 U.S.C. §§ 1861 and 1862) requires
a formal pleading to the Court and the signature of a FISA judge (or magistrate). In practice, this makes the
authority unavailable for most investigative contexts. The time and difficulty involved in getting such pleadings
before the Court usually outweighs the importance of the business records sought. Since its enactment, the authority
has been sought less than five times. This section would delete the old authority and replace it with a general
`administrative subpoena' authority for documents and records. This authority, modeled on the administrative
subpoena authority available to drug investigators pursuant to Title 21, allows the Attorney General to compel
production of such records upon a finding that the information is relevant," DoJ at § 156. " The Department's
proposal, dated September 20, 2001, came with a brief section by section analysis. Both the proposal (Draft) and
analysis (DoJ) were printed as an appendix in Administration's Draft Anti -Terrorism Act of 2001, Hearing Before
the House Comm. On the Judiciary, 107th Cong., 1 st Sess. 54 (2001), cited in Charles Doyle, Congressional
Research Service. The USA Patriot Act: A Legal Analysis (April 15, 2002) at
http://www.fas.ore/iip/crs/RS21203.12df .
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
Assistant Attorney General Daniel J. Bryant replied:
Such an order could conceivably be served on a public library, bookstore, or newspaper,
although it is unlikely that such entities maintain those types of records. If the FBI were
authorized to obtain the information the more appropriate tool for requesting
electronic communication transactional records would be a National Security Letter
(NSL). The number of times the Government has requested or the Court has approved
requests under this section since passage of the PATRIOT Act, is classified and will be
provided in an appropriate channel.'
It appears that he is referring to ISP records, (not circulation, database searches, etc).
National Security Letter (NSL) authority is found in three statutes.3 Lee S. Strickland, a former
attorney for the CIA, writes that the NSL authority is essentially the intelligence corollary to the
administrative subpoena provisions for criminal investigations. He notes that the NSL authority
also prohibits disclosure that the FBI has sought such information.' It is not known what the
chances of success would be if a library challenged a National Security Letter.
Adopted April 3, 2003
Revised December 6, 2018
2 Assistant Attorney General Daniel J. Bryant, Letter to Congressman John Conyers (July 26, 2002) at
httl2://www.fas.org/iip/news/2002/08/doiO72602.pdf
3 ECPA (18 USC § 2709) for telephone and electronic communications records, the Right to Financial Privacy Act
(RFPA), (12 U.S.C. 3414(a)(5)(A)) for financial records, and the Fair Credit Reporting Act (15 U.S.C. 168lu) for
credit records.
4Lee S. Strickland, Information and the War Against Terrorism, Part III
New Information -Related Laws and the Impact on Civil Liberties, 28 Bulletin of the American Society for
Information Science and Technology 3 (February/March 2002) at http://www.asis.org/Bulletin/Mar-
02/strickland2.html . Strickland also notes an interesting library -related history to the NSL authority. "The so-called
Bork Bill — the Video Privacy Act of 1988 — was enacted without a library privacy provision because, during the
debate, the FBI had requested an NSL exemption to enable them to obtain library records. It was thus believed better
to rely on state privacy laws and the traditional requirement for a search warrant."
2471 Flores Street, San Mateo, CA 94403 T: 650-349-5538 F: 650-349-5089
PENINSULA LIBRARY SYSTEM
PRIVACY POLICY
The Peninsula Library System values you as a customer and takes your personal privacy
seriously. This Privacy Policy describes information we may collect and explains how we use the
personal information we collect from you.
Privacy is essential to the exercise of free speech, free thought, and free association. In
libraries, the right to privacy is the right to open inquiry without having the subject of one's
interest examined or scrutinized by others. Confidentiality of library records is the library's
responsibility and is a core value of librarianship, and it is the Peninsula Library System's
responsibility to keep information private on behalf of its users when we create and are in
possession of personally identifiable information about users.
This policy affirms the library's commitment to privacy, explains the information that the library
collects, and alerts visitors to library facilities and users of remotely accessed library services to
the privacy choices they face. This policy provides information and process and is in compliance
with applicable federal, state, and local laws regarding the confidentiality of all library users'
records. Although the library does everything we can to protect your privacy, there are times
when we may be required by law to provide this information with law enforcement.
LIBRARY CARDS AND CIRCULATION RECORDS
• To receive a library card, library users are required to provide identifying information
such as name, birth date, and mailing address. This identifying information is retained as
long as the library user continues to use the library card.
• A library user's library record includes current information, items currently checked out
or on hold, as well as overdue materials and fines.
• The Library does not maintain a history of what a library user has previously checked out
once books and materials have been returned on time.
• When fines accrue on a user's account, the Library does maintain records of items that
have been borrowed but returned after the due date or are still outstanding on the
user's record. When overdue materials are returned, and all associated fines are paid,
the information associated with the library card number is deleted.
SEARCHING OUR CATALOG FOR BOOKS AND MATERIALS
PLS provides two options for patrons to search the library's catalog. Below is distinction of the
privacy related to the two search options.
Classic Catalog
The classic catalog is a search interface to find books and materials and to place holds. When
logging into your account, users can sign up for email notification of new library materials which
contain library user saved search terms. Information gathered and stored using this feature is
only accessible to the library user. Users have the option of turning on My Reading History,
which is a running list of the titles, authors and checkout dates of items you have checked out
from the library over time. Titles are stored in My Reading History until the library no longer
owns a title or you choose to delete a title from your list. You may turn your Reading History ON
or OFF any time when you log into your account.
What is retained:
There is no administrative interface for library staff to access your online account. Reading
history, searches, and any user activity is not retrievable by anyone other than the user. The
user has the option to delete their search history at any time. If you choose to activate your
Reading History, and later turn it off, all stored records will be deleted from the system. Please
be aware that if you elect to keep a Reading History, it may be subject to examination by law
enforcement authorities upon a formal request without your permission.
When a user visits the classic catalog or our website, we collect and store only information to
measure the number of visitors to different areas of the site to assist us in making the site more
useful to you. Data collected is separate from individual library account data. We cannot look
up your library record to determine what web sites you have visited.
The information collected is limited to:
• The address (IP) of your computer or Internet provider
• The date and time you accessed our site
• The Internet address of the web site that referred you to our site
BiblioCommons
BiblioCommons is a third -party software that provides a more user-friendly method of
displaying and searching books and materials and placing holds than the Classic Catalog. Users
may a share ratings and reviews of titles found at the local library, create custom booklists, and
see other user recommendations. When a user accesses online catalog pages that are denoted
as "Powered by BiblioCommons" in the lower left-hand corner of the page, the user will be
using what is referred to as the "BiblioCommons Service," and the user is subject to the
BiblioCommons Terms of Use. In acceptance of the BiblioCommons Terms of Use, a user agrees
to abide by the BiblioCommons Privacy Statement. Users are advised to read the
BiblioCommons Terms of Use and Privacy Statement carefully.
What is retained and shared:
You may create "Shared Content" including ratings, reviews, Lists and My Shelves. Shared
Content may be useful for your own reference and can help other users find resources and
information. You may make portions of your Shared Content private, or you may leave it
publicly available (as "Public Content") for the benefit of yourself and other users. To learn
more about the controls BiblioCommons has put in place to protect your privacy, please refer
to the BiblioCommons Privacy Statement, or visit your Privacy Settings in BiblioCommons.
OUR WEBSITE
Our web site contains links to external web sites not maintained by the Peninsula Library
System. We cannot be responsible for your privacy when you visit outside web sites. Please
consult the privacy policies of those web sites should you have questions regarding their use.
What is retained:
When a user visits the classic catalog or our website, we collect and store only information to
measure the number of visitors to different areas of the site to assist us in making the site more
useful to you. Data collected is separate from individual library account data. We cannot look
up your library record to determine what web sites you have visited.
The information collected is limited to:
• The address (IP) of your computer or Internet provider
• The date and time you accessed our site
• The Internet address of the web site that referred you to our site
PUBLIC COMPUTER USE AND PRINTING
The Library uses an online computer reservation program that allows the public to reserve a
computer. The Library's public computer search stations are programmed to delete the PC
history and a library user's Internet session and all searches once an individual session is
completed.
What is retained:
Computer session time is collected for seven days for statistical purposes. Barcodes are
associated with the session matching the session time in order to gather statistics regarding
number of sessions, length of sessions, and total sessions. Each Wednesday the barcode that is
attached to the session is deleted through an automated process, therefore keeping the usage
statistical data while disassociating it from the patron information.
Adopted April 3, 2003
Revised December 6, 2018