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HomeMy WebLinkAboutAgenda Packet - LB - 2022.05.17CITY v 0 ticow � � rPORATED 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) s PENINSULA LIBRARY SYSTEM 1Cl;8Z4I:1 Bill CZ*12 Tel .�:I_10I 1410IC2W- T'J'Al01Tel.Z4I1► I:1 1Lkt_10I 14:10-AlI 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 I I 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 D., Z 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 I I 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 � ■ i� ■ III: �„ 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 i � ■ i � ■ III; � ,:, 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. 1�L•I��Ii;yl_\:�7�]�%1�•���1:1�� �'�L'hI�I 3:T_1:�'�ll�_\�i�I�Ii;Ir•I:Z•hl��i[�I�y� 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