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HomeMy WebLinkAbout2003/06/12 - Agenda Packet - Library Board of Trustees DECLARATION OF POSTING OF AGENDA VIVIAN GARCIA states and declares as follows: I presently am, and at all times mentioned herein have been, the Administrative Secretary of the .Library of Rancho Cucamonga. Acting in that capacity, on ~ ~ c~2xD_~ , at q~,, I posted a true and correct copy of the meeting agenda dated ~ /~I ~ZgO~ at 10500 civic Center Drive, Rancho Cucamonga. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ~ ~-O~ , at Rancho Cucamonga. DEBORAH KAYE CLARK, LIBRARY MANAGER City of Rancho Cucamonga Secretary City of Rancho Cucamonga LIBRARY BOARD OF TRUSTEES AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETING Second Thursday 6:30 p.m. June 12, 2003 Council Chambers City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 City Councilmembers William J. Alexander, Mayor Diane Williams, Mayor Pro Tem Rex Gutierrez, Councilmember Robert J. Howdyshell, Councilmember Donald J. Kurth, M.D., Councilmember Boardmembers Ravenel Wimberly, President Dobbin Lo, President Pro Tem Donna Bradshaw, Boardmember Rebecca Clark, Boardmember Joyce Womack, Boardmember  LIBRARY BOARD OF TRUSTEES AGENDA 1 JUNE 12, 2003 cR~C.O UCAMON6A A. CALL TO ORDER 1. RoLl CalL: Bradshaw ., Clark , Lo Wimberly___ and Womack__ B. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Library Board of Trustees at one time without discussion. Any item may be removed by a Member or member of the audience for discussion. 1 1. Approval of Minutes: May 8, 2003 6 2. Approval of Resolution No. VLB01-004 C. LIBRARY DIRECTOR'S STAFF REPORTS II The following items do not legally require any public testimony, although the President may open the meeting for public input. 1. Library Status Report: report presented by staff. 2. Budget Report: report presented by Deborah Clark, Library Director. 8 3. Victoria Gardens Library: update on the progress of the project. Oral report by Deborah Clark, Library Director. 4. Bookmobile Report: update by Robert Karatsu, Library Services Manager. Oral report. 5. Summer Reading Program: oral report by Renee Tobin, Senior Librarian. 6. Holiday Closures: report by Deborah Clark, Library Director. 19 II o. BOARD BUSINESS Il The following items have been requested by the Library Board of Trustees for discussion. They are not public hearing items, although the President may open the meeting for public input.  LIBRARY BOARD OF TRUSTEES AGENDA 2 JUNE 12, 2003 I~ANC HO 1. Library Board Liaison Reports: Oral reports by Members. This is the opportunity for Library Members to speak about the opportunities and challenges they have encountered while service as liaisons on the following services: i) Distribution of new roster. 21 ii) Oral reports by Members. 2. Understanding the Patriot Act's Impact on Public Libraries: Report by 24 Deborah Clark, Library Director. E. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING This is the time for the Library Board of Trustees to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. ~. PUBLIC COMMUNICATIONS mi This is the time and place for the general public to address the Library Board of Trustees. State law prohibits the Library Board of Trustees from addressing any issue not previously included on the Agenda. G. ADJOURNMENT I, vivian R. Garcia, Library Administrative Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Monday, June 9, 2003, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. R A N C H O C U C A M O N G A PUBLIC LIBRARY DA'Cfi: Juno '12, 2003 TO: President and Members of the Board of library Trustees FROM: Deborah Kayo Clark, Library Director SUBJECT: APPROYAL OF MINUTES R£COMMFNDAIION Approval of tho minutes of tho May 8, 2003, mooting. BACKGROUND/ANALYSIS Attached, please find the minutes for the regular and special meetings of the Library Board of Trustees listed above, taken and compiled by Library Administrative Secretary, Vivian Garcia. FISCAL IMPACT None. ully submitted, Deborah Kaye Clar~_.~ Library Director i CITY OF RANCHO CUCAMONGA LIBRARY BOARD OF TRUSTEES Regular Meeting A. CALL TO ORDER The regular meeting of the Library Board of Trustees was held on May 8, 2003, in the Council Chambers of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:31 p.m. by President Wimbefly. Present were Boardmembers Bradshaw, Lo and Womack. Also present were: Deborah K. Clark, Library Director, Robert Karatsu, Library Services Manager, Renee Tobin, Senior Librarian, Michelle Perera, Reference Services Coordinator and Vivian Garcia, Senior Administrative Secretary. B. ITEMS OF BUSINESS WITIt NEWLY APPOINTED OFFICIALS B 1. Administration of Oath of Office - Oath of Office will be administered to Rebecca Clark. Mayor Alexander administered the Oath of Office to new Boardmember, Rebecca Clark.' C. CONSENT CALENDAR Cl. Approval of Minutes: April 10, 2003. (Clark abstained) MOTION: Moved by Boardmember Lo to accept the minutes of April 10, 2003, seconded by Boardmember Womack. Motion carried 4-0-0-1. D. LIBRARY DIRECTOR'S STAFF REPORTS D 1. Library Status report: oral report presented by staff. Deborah Clark, Library Director, reviewed statistics with the Board. Robert Karatsu, Library Services Manager, stated that business was as usual with the reference area of the Library. Library Board Minutes May 8, 2003 Page 2 D2. Budget Report: report presented by Deborah Clark, Library Director. Deborah Clark, Library Director, reviewed the budget with the Library Board. D3. Victoria Gardens Library, update on the progress of the project. Oral report by Deborah Clark, Library Director. Deborah Clark, Library Director, updated the Library Board on the status of the Victoria Gardens Branch Library. D4. Bookmobile Report: update by Robert Karatsu, Library Services Manager. Oral report. Robert Karatsu, Library Services Manager, stated staff for the bookmobile will have training on driving the new bookmobile on Monday, May 19. D5. Summer Reading Program: oral report by Renee Tobin, Senior Librarian. Renee Tobin, Senior Librarian, gave an oral report on the Summer Reading Program to the Library Board. She showed samples of the t-shirts they could order. Sign-ups for the program will begin on Monday, June 23. The program will be available at the Archibald location and the Bookmobile. Renee Tobin, Senior Librarian, stated that Mervyns will be sponsoring all of the performer programs for the Summer Reading Program. There is a total of five (5) programs during the program. Mervyns representative, Mary Jo Richardson, stated that Mervyns will also be giving forty (40) $10 gift cards as prizes for the summer reading program. D6. ID a Kid Program Update: update by Renee Tobin, Senior Librarian. Oral report. Renee Tobin, Senior Librarian, reviewed flyer with the Library Board for the ID a Kid program provided by Prudential. They will be conducting the program on Saturday, June 14. E. BOARD BUSINESS El. Library Board of Trustee Liaison Positions: Report by Deborah Clark, Library Director. Deborah Clark, Library Director, reviewed the liaison positions with the Library Board. Boardmember Lo stated that he had signed up for Senior Services. Library Board Minutes May 8, 2003 Page 3 Boardmember Clark volunteered to work with Boardmember Womack on the Young Adult Services. Boardmember Lo asked staff for a package that he could use to "help promote parmerships between businesses and the Library." Deborah Clark, Library Director, stated there would be a new section as a liaison to coordinate arts and cultural at the Victoria Gardens Branch Library. Boardmembers Womack and Clark volunteered. E2. Young Adult Liaisons: i) Young Adult Liaison Communications ii) Recruitment of members for 2003/2004 Sean Smith stated this would be his last meeting. He would be graduating next month. Boardmember Womack thanked Sean Smith for all of his work and time as a volunteer. Daniel Huh stated that they would be contacting teachers to recommend students from their high schools as Liaisons. E3. Update on House Calls project: oral report from Boardmember Lo. Boardmember Lo stated there are fifteen (15) patrons who use the House Calls program. There are eleven (11) volunteers who deliver library materials to the patrons. He stated that he appreciates Karye Hood, Reference Librarian, for all of her hard work on this program. Boardmember Lo will update the Library Board again in two months. E4. Library Foundation Board Report: Update from Library Foundation liaison Ray Wimberly. President Wimberly presented an oral report on the Library Foundation. E5. Location for meetings during City Hall construction project. Oral report by Vivian Garcia Department Secretary. Vivian Garcia, Senior Administrative Secretary, stated that during the months of June to October, the Library Board meetings will be at Lions Center West in the Opici Room. E6. CLA Legislative Day, April 30. Oral report by attendees. Library Board Minutes May 8, 2003 Page 4 Deborah Clark, Library Director, gave an oral report on Legislative Day in Sacramento, on April 30. Daniel Huh gave an oral report on Legislative Day to the Library Board. Boardmember Bradshaw stated that she attended a surprise Tutor Appreciation Luncheon on Saturday, April 26. Boardmember Bradshaw stated that Rose Manela deserved special recognition for this special event. Everyone had a wonderful time and it was a very "moving" event. Boardmember Lo also attended the luncheon and was very impressed. Students talked about their tutors and how much they had helped them. He suggested the program be changed to a Mentor Program. F. IDENTIFICATION OF ITEMS FOR NEXT MEETING F 1. Library Foundation Board Report F2. Victoria Gardens Branch Library F3. Bookmobile Update F4. Summer Reading Program G. COMMUNICATIONS FROM THE PUBLIC None H. ADJOURNMENT MOTION: Moved by President Wimberly to adjourn to June 12, 2003, at 6:30 p.m., seconded by Boardmember Lo. Motion carried, 5-0. Meeting adjourned at 7:45 p.m. Respectfully submitted, Vivian Garcia Administrative Secretary Approved: T H E C I T Y 0 F I~ANCHO CUCAMONGA SlaffReport DATE: June 12, 2003 TO: President and Members of the Library Board of Trustees FROM: Deborah K. Clark, Library Director BY: Vivian Garcia, Library Secretary SUBJECT: RESOLUTION NO. VLB01-004 RECOMMENDATION Approval of Resolution No. VLB01-004. BACKGROUND/ANALYSIS Attached, please find Resolution No. VLB01-004 changing the location of the regular meetings of the Library Board of Trustees to Lions Center West located at 9161 Baseline in Rancho Cucamonga during the retrofitting of the Council Chambers. FISCAL IMPACT None. spe,~tfully submitted, Deborah K. Clark~-~ Library Director RESOLUTION NO. VLB01-004 A RESOLUTION OF THE LIBRARY BOARD OF TRUSTEES OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A TIME AND PLACE OF REGULAR MEETINGS. WHEREAS, SECTION 3 of Ordinance No. 520 establishing a municipal Library does provide that regular meetings of the Library Board of Trustees shall be established by resolution of the Library Board of Trustees; and, WHEREAS, it is the desire &the Library Board of Trustees to establish a schedule of regular meetings. NOW, THEREFORE, BE IT RESOLVED that the Library Board of Trustees of the City of Rancho Cucamonga does hereby establish a meeting schedule as follows: SECTION 1: Regular meetings of the Library Board of Trustees shall be held on the second (2nd) Thursday of each month at 6:30 p.m. SECTION 2: Regular meetings of the Library Board of Trustees shall be held at the ' Lions Center West located at 9161 Baseline, Rancho Cucamonga, California in the Opici Room. PASSED, APPROVED AND ADOPTED this 12th day of June, 2003. AYES: Bradshaw, Clark, Lo, Wimberly and Womack NOES: None ABSENT: Ravenel Wimberly, President ATTEST: Vivian Garcia, Administrative Secretary I, Vivian Garcia, Administrative Secretary of the Library Board of Trustees of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Rancho Cucamonga Library Board of Trustees at their special meeting of the said Board held on the 12th day of June, 2003. Executed this 12th day of June, 2003 at Rancho Cucamonga, California Vivian Garcia, Administrative Secretary I~ A N C H O C U C A M ON GA PUBLIC LIBRARY Staff Report DATE: June 12, 2003 TO: President and Members of the Board of Library Trustees FROM: Deborah Kaye Clark, Library Director SUBJECT: STATUS OF 2002/2003 BUDGET RECOMMENDATION No recommendation. For information only. BACKGROUND/ANALYSIS Schedule A, titled "Revenue Report" is a report of all funds earned during the month and is attached as Schedule A. Schedule B, titled "Balance Sheet FY 2002/2003" is a report balancing income vs. projections for the current fiscal year to date and is attached as Schedule B. Schedule C, titled "Library Expenditures "2002/2003" is an accounting of all funds expended in the current fiscal year and is attached as Schedule C. FISCAL IMPACT None tpec tfully submitted, ~ ~ ~ Library Di~ EXECUTIVE HIGHLIGHTS OF BUDGET 92% of year completed Library Expenditures: 87% spent 5010: Salaries are at 86% spent or on target for this fiscal year. 5100: Travel and Meetings is now in the black, thanks to a budget transfer that reassigned travel funds from the bookmobile and Back to Basics programs to the general library budget. 5200: Operations funds continue at the original level budgeted. Book purchases encumbrances for the remainder of the year have bumped up this account to 99% spent. Due to recent buy out of our periodicals jobber, billing has been delayed in this account. Funds will be encumbered in June. 5300: Some savings realized this fiscal year, however, expecting cataloging costs to raise that account next month. 5400: Considerable savings in telephone charges this year due to consolidation of lines with changing of phone number system. 5403: Some savings realized in this account despite increases in rates due to mild winter. After School Learning Program: 77% spent 1300: Personnel costs continue lower than budgeted due to reclassification of recently vacant position from a Library Assistant level to a Library Clerk. These savings are on-going and are taken from a CDBG account which is still totally funding this program. 5100: Funds in tins account were transferred to general library account to fund California Legislative Day. Bookmobile Expenditures: 94% spent 5000: Full time salaries are now at 92%, or on target for this fiscal year. 5100: Funds in this account were transferred to general library account to fund California Legislative Day. 5400: New wireless account and technology helped to bring tins account back into budget. Adult Literacy: 66% spent Continued savings in the part time budget through attrition results in overall savings for the program. Family Literacy: 64% spent Continued savings thr'ough use of YES Grant program funds. Library Board of Trustees: 81% spent No changes in this account. Redevelopment Agency Funds: 33% spent No changes in this account. ~-~ Schedule A REVENUE REPORT FINES MEDIA REF May 2003 & FEES RENTALS SERV. 01-May $588.90 $197.80 $0.00 02-May $400.98 $633.31 $7.00 May 3 & 4 $696.33 $445.56 $0.00 $0.00 $0.00 $0.00 05-May $569.09 $217.91 $0.00 06-May $500.14 $595.99 $2.00 07-May $464.49 $229.99 $3.12 08-May $592.09 $204.01 $2.78 09-May $333.54 $595.99 $2.00 May 10 & 11 $383.44 $260.29 $0.00 $0.00 $0.00 $0.00 12-May $721.09 $222.38 $0.00 13-May $543.33 $226.64 $0.00 14-May $594.05 $218.40 $3.60 15-May $0.00 $0.00 $0.00 16-May $329.25 $502.29 $12.00 May 17 & 18 $814.53 $275.00 $3.00 $0.00 $0.00 $0.00 19-May $624.04 $224.41 $0.00 20-May $574.14 $201.45 $6.00 21-May $281.98 $217.52 $0.00 22-May $314.94 $196.53 $2.00 23-May $454.45 $644.82 $0.00 24-May $428.20 $289.56 $10.00 May 25 & 26 - closed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 27-May $57g.05 $287.31 $0.50 28-May $530.44 $254.38 $2.00 29-May $511.66 $142.07 $5.00 30-May $429.47 $539.81 $0.00 31 -May $503.25 $337.25 $0.00 TOTALS: $10,319.62 $7,823.38 $61.00 May 2002 TOTALS $10,370.49 $7,270.97 $122.46 % CHANGE 0% 8% -50% TOTAL LIBRARY INCOME 2002/3 Rev 2001/2 Rev 2002/3 Pro $18,204 $17,764 Daily Average Fines $404.23 $333.33 Daily Average Media $255.05 $222.22 Daily Average Ref. Fees $2.00 $8.59 DAILY TOTALS $661.29 $564.14 GAIN/LOSS ON PRO J: $2,623 /0 Schedule B BALANCE SHEET May FY 2002/2003 Revenues Earned Projected Loss/Gain Fines & Fees $128,463 $110,000 $18,463 16.8% Media Rentals $84,384 $73,326 $11,058 15.1% Technology Center Revenue $9,810 $10,000 ($190) -1.9% Print Fees $5,052 $6,712 ($1,660) -24.7% Information Services Fees $1,179 $2,750 ($1,571) -57.1% Direct Loan $73,711 $89,000 ($15,289) -17.2% Totals: $302,598 $291,788 $10,811 3.7% Balance for Year through May $10,811 LIBRARY EXPEND)TURES JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY TOTALS SPENTPER FUNDS % % OF 2002/2003 CATEGORY REMAINING SPENT YEAR '1290601 92% PERSONNEL 5000 REGULAR SALARIES $637,590 $23,690 $74,865 $48,454 $48,167 $48,363 $48,257 $74,451 $47,109 $45,875 $45,957 $45,543 $550,760 $550,760 $86,830 66% 5010 PART TIME SALARIES $328.200 $14,414 $42,965 $35,830 $26,789 $36,575 $25,534 $34,326 $26,782 $27,956 $28,342 $29,876 $309,389 $309,389 $18,811 94% 5030 FRINGE BENEFITS $247,460 $20,622 $20,522 $20,622 $20,622 $20,822 $20,622 $20,622 $20,622 $20,622 $20,622 $30,622 $226,842 $226,842 $20,618 92% TOTAL PERSONNEL $1,213,250 $58,726 $138,452 $94,905 $95,578 $95,559 $94,413 $129,429 $~4,513 $94,453 $94,921 $96,041 $1,086,991 $1,086,991 $t26,258 90% OPERATIONS 5100 TRAVEL & MEETINGS $6,000 $4,127 $1,873 69% lutemet Librarian Conference $398 $191 $559 Karatau -workshop $1,853 $117 $78 $148 $1,397 Clark - workshops $235 $21 $85 $8 $348 Perera - Institute $0 Meeting Supplies $55 $209 $186 $450 Inservice Workshops $3 CLA Leg[slaSve Day $60 $60 CEA Conference $1,312 Sf ,312 5105 MILEAGE $5,800 $4~92t $879 85% Auto Allowance $4,800 $400 $400 $400 $400 $400 $400 $400 $400 $400 $400 $400 $4,400 $4,400 $400 92% Reimbumement $1,000 $521 $479 52% Garcta $29 $48 $28 $55 $26 $26 $32 $69 $47 $360 Pages $20 $27 $47 Other $45 $22 $25 $23 $115 Conference Mileage $0 5152 COMPUTER SOFT~/ARE $190 $185 $185 5160 MEMBERSHIP DUES $2,350 $2,051 $299 87'/* American Litaar? ASSOC. $450 $195 $195 $195 $255 43% MCLS Associate Membership $150 $150 $150 $150 $0 100% California LibraryAsscc, $200 $105 $105 $125 $335 $335 ($135) 168% Inisnd Librar? system $1,350 $1,371 $1,371 $1,371 ($21) 102% 5200 MAINTENANCEJOPER $208.890 $191,247 $t7,643 92% ~'~ Printing/Postage $2,000 $370 $370 $1,147 $653 57% PHn§ng $77 $312 $389 Postage $370 $9 $9 $370 $758 ~1~ Office Supplies $15,330 $11,436 $3,894 75% PhotOgraphy $24 $24 Office Depot $3,000 $104 $69 $95 $1,000 $7,268 Office machine repair $0 Letterhead $178 $140 $318 Miscellaneous $432 $94 $106 $216 $56 $353 $54 $1,311 Computer supplies $1,097 $747 $38 $218 $143 $2,242 Fedeml Express $16 $16 Special Paper $48 $208 $256 Special Program Supplies $20,000 $19,353 $647 97% Cataloging Supplies $5,196 $630 $638 $70 $1.137 $256 $1,791 $3,353 $1,122 $14,193 Chtidren's Supplies $122 $457 $411 $10 $33 $31 $20 $669 $616 $2,368 Children's Programs - Fdends $8 $116 $25 $17 $60 $56 $62 $346 Dewey Award Program $26 $17 $43 Foundation Support $147 $189 $335 Adult Programs & Outreach $9 $3 $320 $86 $249 $23 $701 Summer Reading Program (FR) $583 $281 $293 $1.157 House(ails $209 $209 Volunteer Recognition $197 $616 $101 $914 Books/Matetials $157.020 $155,687 $1.333 99% Bookstore rash $5,000 $4.000 $27 $1,898 $29 $1,980 $22 $357 $13,313 Childrens Dooks $11,822 $1,499 $937 $616 $12 $12,115 $1,907 $150 $29,058 Brogart Books $~9,592 $20.000 $30,000 $6.000 $75,502 Reference Books $112 $4,616 $1,785 $1,100 $86 $298 $302 $2,790 $179 $11.267 Large PHnt Books $2,700 $2.700 Books on Tape - Fdends $2.618 $2,022 $19 $77 $1,067 $78 $32 $9 $10 $20 $5.952 Video $3.000 $2.000 $5,000 CD's (music) $358 $~57 $262 $337 $253 $420 $456 $340 $259 $2.843 DVD's $2,000 $3.000 $2,000 $6,000 CD ROMS $2.500 $80 $271 $21 $381 $20 $249 $203 $237 $3,963 Ma gazines/Pubtica tions $12.540 $312 $147 $242 $115 $113 $206 $231 $1,365 $1,365 $11,175 11% Training $1,000 $275 $275 $275 $725 28% Bindery $1.000 $700 $700 $700 $300 7O% 5283 DepreciaEon - Computer Equ $20,270 $1,689 $1.689 $1,689 $1,689 $1.689 $~.689 $1,689 $1,689 $1,689 $1.689 $1,689 $18.581 $18,581 $1.689 92% 5300 CONTRACT SERVICES $157~000 $120~101 $36.899 76% Encumbrance $3 ArtWork $500 $500 $500 $500 $0 100% Bookbinding $800 $688 $688 $688 $112 86% Book Processing $24,000 $2,212 $2.212 $2.212 $2.212 $2,212 $2,212 $2.212 $2.212 $2.212 $2,212 $2.212 $24,327 $24,327 ($327) 101% Children's Programs $3.000 $0 Collection Agency $6.000 $344 $1.386 $422 $591 $563 $516 $747 $4,570 $4,570 $430 91% Dy~ix System Maintenance $32.400 $22,818 $269 $23.086 $23,086 $9.314 71% Guard Service $20,000 $1.426 $5,888 $7.314 $7,314 $12.686 37% Minutes $600 $50 $50 $50 $100 $100 $100 $100 $5O $600 $600 $0 100% OCLC $700 $143 $111 $84 $86 $80 $59 $46 $65 $672 $672 $28 96% Of~c Eq uip/Mainte nance $15,000 $11,018 $15,000 73% Xerox Fund $1.859 $2,159 $255 $915 $1.184 $929 $1.850 $929 $929 $11,018 Misc. $0 S.B. County $50,000 $4,167 $4,167 $4,167 $4.167 $4.167 $4,167 $4.167 $4,167 $4.167 $4,107 $4.167 $45,833 $45,833 $4,167 92% Self Check Maintenance $2,000 $482 $1.010 $1,492 $1,492 $508 75% Telephone rv~intenance $3.000 $6 $0 $3,000 0% 5400 TELEPHONE $18.000 $9,277 $6.723 52% General Telephone services $4.995 $737 $722 $1,231 $877 $715 $9.277 Additional services 5402 WATER UTILITIES $3.000 $2.908 $92 97% Water Use $789 $654 $458 $0 $482 $525 $2.908 5403 ELECTRIC UTILITIES $77.000 $1.341 $6,175 $6.762 $7,194 $5.733 $5,239 $5.530 $5.852 $5.614 $5,142 $5.410 $56,992 $59,992 $17,009 78% TOTAL LIBRARY E)UDGET $1.711,560 $115.064 $203,910 $143,029 $123.085 $117.298 $118,058 $150.756 $129.516 $154.746 $123,398 $121.520 $1.500,381 $t.48¶,615 $209,678 87% AFTER SCHOOL LEARNING PROGRAM JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY TOTALS SPENT PER FUNDS % %OF Cost Center 1290603 2002/2003 CATEGORY REMAINING SPENT YEAR 92% PERSONNEL 1100 REGULAR SALARIES $17,010 $11273 $1,304 $1,304 $1,304 $1,239 $1,304 $1,338 $1,371 $1,371 $1,371 $1,422 $14,601 $14,601 $2,409 86% 1300 PART TiME SALARIES* $3,280 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,280 0% 1900 FRINGE BENEFITS $6,360 $530 $530 $530 $530 $530 $530 $530 $530 $530 $530 $530 $5,830 $5,830 $530 92% TOTAL PERSONNEL $26,650 $1,803 $t,834 $t,834 $1,834 $1,769 $t,834 $t,868 $t,90t $1,90t $t,90t $t,952 $20,431 $20,43t $6,219 77% OPERATIONS 5100 TRAVEL & MEETINGS $t0 $8 $8 $8 $2 0% 5200 MAINTENANCEIOPER $200 $208 ($8) 104% Office Supplies $200 $48 $67 $29 $26 $17 $22 $206 TOTAL LIBRARY BUDGET $26,860 $1,851 $1,901 $1,843 $1,834 $1,798 $1,834 $1,868 $1,927 $1,917 $1,923 $1,952 $20,647 $20,647 $6,211 77% BOOKMOBILE SERVICES JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY TOTALS SPENT PER FUNDS % % OF COSt Center 1290604 2002~2003 CATEGORY REMAINING SPENT YEAR PERSONNEL 92% 5000 REGULAR SALARIES $44,000 $1,514 $4,543 $3,029 $3,029 $3,029 $6,009 $6,129 $3,346 $3,346 $3,346 $3,346 $40,665 $40,665 $3,335 92% 5010 PART TIME SALARIES $22,000 $870 $2,921 $1,826 $1,447 $1,828 $915 $2,335 $1,693 $1,812 $2,450 $1,651 $19,748 $19,748 $2,252 90% 5030 FRINGE BENEFITS $15,780 $1,315 $1,315 $1,315 $1,315 $1,315 $1,315 $1,315 $1,315 $1,315 $1,315 $1,315 $14,465 $14,465 $1,315 92% TOTAL PERSONNEL $81,780 $3,700 $8,779 $6,t70 $5,79t $6,172 $8,240 $9,778 $6,354 $6,473 $7,1tl $6,312 $74,878 $74,878 $6,902 92% OPERATIONS 5t00 TRAVEL & MEETINGS $0 $0 $0 $0 0% 5105 MILEAGE $100 $0 $100 9% 5200 MAJNTENAN CE/OPER $6,950 $3,798 $3,t52 55% Office Supplies $950 $43 $243 $48 $335 $615 35% Books~Matedals $6,000 $16 $500 $610 $59 $279 $2,000 $3,463 $2,537 58% Printing $0 $0 #DIV/01 5300 CONTRACT SERVICES $5,500 $5,419 $8t 99% Ar~ Design for Bookmobile Graphics $5,500 $5,419 $5,419 $81 99% 5400 TELEPHONE UTILITIES $5,500 $4,735 $765 86% Cellular Technology $5,500 $289 $1,490 $1,599 $1,357 $4,735 TOTAL LIBRARY BUDGET $94,330 $3,743 $8,794 $6,703 $5,791 $6,672 $8,849 $9,778 $7,951 $13,491 $8,747 $8,312 $88,830 $88,830 $10,918 94% ADULT LITERACY JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY TOTALS SPENT PER FUNDS % %OF 298 60t 2002/2003 CATEGORY REMAINING SPENT YEAR PERSONNEL 5000 REGULAR SALARIES $26,860 $1,062 $2,502 $1,906 $1,936 $2,056 $2,159 $4,318 $1,851 $1,611 $2,039 $2,193 $23,633 $23,633 $3,227 88% 5010 PART TIME SALARIES $10,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,000 0% 6030 FRINGE BENEFITS $10,140 $845 $845 $545 $845 $645 SP~t5 $845 $645 $845 $845 $845 $9,29§ $9,295 $545 92% TOTAL PERSONNEL $47,000 $1,907 $3,347 $2,761 $2,781 $2,901 $3,004 $5,163 $2,696 $2,456 $2,884 $3,038 $32,928 $32,928 $t4,072 70% OPERATIONS 5100 TRAVEL & MEETINGS $t,600 $35t $t,249 22% Literacy Meetings $97 $26 $31 $74 $229 Southern California Library Literacy Network Conference $122 $122 Adult Learner Conference $0 CLA Conference $0 5t05 MILEAGE $380 $88 $74 $162 $t62 $218 43% 5160 MEMBERSHIPDUES $t80 $225 ($45) t25% California Literacy $80 $125 $125 SCLLN $100 $100 $100 5200 MAINTENANCE/OPER $1,400 $317 $t,083 23% Office Supplies $800 $19 $71 $55 $144 $656 0% Fa milles for Lgeracy Curriculum Mat $600 $135 $135 $465 Literacy Celebration $38 $38 ($38) 5300 CONTRACT SERVICES $2,930 $1,260 $1,670 43% Tutor Training $2,500 $600 $230 $830 $830 $1,670 33% Literacy Pro Service Agreement $430 $430 $430 $430 $0 100% TOTAL LIBRARY BUDGET $53,490 $2,740 $3,795 $2,873 $2,879 $3,044 $3,265 $5,163 $2,696 $2,456 $3,069 $3,263 $35,243 $36,503 $18,292 66% FAMILIES FOR LITERACY JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY TOTALS SPENT PER FUNDS % % OF 308 602 2002/2003 CATEGORY REMAINING SPENT YEAR PERSONNEL 92% 5000 REGULAR SALARIES $8,950 $308 $1,062 $377 $634 $617 $343 $685 $565 $668 $600 $480 $6,340 $6,340 $2,610 71% 5010 PART TIME SALARIES $13,000 $393 $1,151 $1,025 $702 $632 $800 $800 $547 $379 $421 $330 $7,180 $7,180 $5,820 55% 5030 FRINGE BENEFITS $3,570 $298 $298 $298 $298 $298 $298 $298 $298 $298 $298 $298 $3,275 $3,275 $295 92% TOTAL PERSONNEL $25,520 $999 $2,511 $t,699 $1,633 $t,546 $1,440 $t,783 $1,4tt $1,345 $t,319 $t,108 $16,795 $t6,795 $8,726 66% OPERATIONS 5100 TRAVEL & MEETINGS $325 $0 $0 $325 0% Literacy Meetings 5200 MAINTENANCE/OPER $500 $0 $t0 $490 2% Office Supplies $200 $0 $200 0% Fa milies for Literacy Cun~culum Mat $100 $0 $100 0% Books/Materials $100 $0 $100 0% FFL Stoa/times $100 $10 $10 $90 0% TOTAL LIBRARY BUDGET $26,345 $999 $2,511 $1,709 $1,633 $1,546 $1,440 $1,783 $1,411 $1,345 $1,319 $1,108 $16,805 $16,805 $9,54t 64% LIBRARY BOARD OF TRUSTEES JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY TOTALS SPENT PER FUNDS % % OF Cost Center 4535 2052/2003 CATEGORY REMAINING SPENT YEAR 92% OPERATIONS 3100 TRAVEL & MEETINGS $3,000 $2,484 $516 83% Workshops $0 LO Wimbedy $1,250 $1,017 $27 $2,295 Womeck $27 $27 Bradshaw $27 $27 R A N C H O C U C A M O N G A PUBLIC LIBRARY Staff Report DAT~: 3uno 12, 2003 TO: President and Members of the Board of Library Trustees FROM: Deborah Kaye Clark, Library Director SUBJECT: APPROVAL OF PROPOSED HOLIDAY CLOSURES FOR 2003~2004 RECOMMENDATION That the Library Board approve adoption of schedule of holiday closures for fiscal year 2002/2003 as presented in Attachment A. BACKGROUND/ANALYSIS Attachment A is a hist of proposed holiday closures for the Rancho Cucamonga Public Library and is based on the following factors: 1. Use of the facility based on the past year's performance. 2. Reflection of the negotiated holidays adopted by the City of Rancho Cucamonga. 3. Attempt to save budget dollars by closing on days targeted as "low use". FISCAL IMPACT "Low Use" days constitute approximately $8,000 in savings.  pectfully submitted, Library Director Attachment A RECOMMENDED LIST OF HOLIDAY CLOSURES CURRENT PROPOSAL LAST YEAR JULY 4TM Close July 4, Friday Closed July 4, Thursday (Official City Holiday) LABOR DAY WEEKEND Saturday Close Aug. 30, Saturday New closure proposed Sunday Close Aug. 31, Sunday Closed Sept. 1, Sunday (Proposed due to low usage) Monday Close Sept. 1, Monday Closed Sept. 2, Monday (Official City Holiday) VETERAN'S DAY Close Nov. 11, Tuesday Closed Nov. 11, Monday (Official City Holiday) THANKSGMNG Close Nov. 27, Thursday Closed Nov. 28, Thursday (Official City Holiday) DAY AFTER THANKSGIVING Close Nov. 28, Friday Closed Nov. 29, Friday (Official City Holiday) CHRISTMAS EVE Close Dec. 24, Wednesday Closed Dec. 24, Tuesday (Proposed due to low usage) CHRISTMAS DAY Close Dec. 25, Thursday Closed Dec. 25, Wednesday (Official City Holiday) NEW YEARS EVE Close Dec. 31, 6 p.m. Wednesday Closed Dec. 31, Tuesday (Proposed due to low usage) NEW YEARS DAY Close Jan. 1, Thursday Closed Jan. 1, Wednesday (Official City Holiday) MARTIN LUTHER KINGS Close Jan. 19, Monday Closed Jan. 20, Monday (Official City Holiday) PRESIDENT'S DAY Close Feb. 16, Monday Closed Feb. 17, Monday (Official City Holiday) EASTER SUNDAY Close April 11, Sunday Closed April 20, Sunday (Proposed due to low usage) MOTHER'S DAY Close May 9, Sunday New closure proposed (Proposed due to low usage) MEMORIAL DAY (SUNDAY) Close May 30, Sunday Closed May 25, Sunday (Proposed due to low usage) MEMORIAL DAY Close May 31, Monday Closed May 26, Monday (Official City Holiday) LIST OF LIBRARY BOARD LIAISON OPPORTUNITIES AND CURRENT APPOINTEES Arts & Culture at the Victoria Gardens Library (New appointees: Joyce Womack, Rebecca Clark) · Coordinate arts & cultural programs at the Victoria Gardens branch · Promote cultural programs with the schools · Work with the Community Services Art Council groups Business Services (Current appointee: Dobbin Lo) · Work with the Library Foundation Board in contacting local businesses and the Chamber of Commerce in promoting the annual Telethon. · Promote library events and services to business, emphasizing what the library can offer the businessperson. · Advise on key areas of additional services to business. · Be prepared to speak on Library activities and services to businesses. · Help promote partnerships between businesses and the Library. Foundation Board (Current appointee: Ray Wimberly) · Serve as a Director on the Library Foundation with all voting powers. · Attend monthly and special meetings. · Report to the Library Board on the activities of the Foundation, · Work with the Foundation on the Library Telethon and other fundraising projects. Literacy Services (Current appointee: Donna Bradshaw) · Work with Literacy Staff from the joint Rancho Cucamonga and Upland Library program to provide and improve literacy services. · Attend all Literacy functions to thank volunteers. · Attend tutor/training workshops to meet and greet new volunteers. · Support literacy projects at Council and other civic meetings. · Be prepared to speak on Literacy activities and services. · Help promote partnerships between community agencies and the Library. School Services/Bookmobile (Current appointee: Joyce Womack) · Work with the Library Foundation Board in contacting School Districts for the Telethon event. · Promote library events and needs to the School Districts. · Promote the use of the Kidsmobile to the schools. Propose ways that the Library can support the mission of the schools · Support School/Library partnerships at Council or other civic meetings. · Be prepared to speak on Library activities and services to the schools. · Help promote partnerships between schools and the Library. Senior Services (Current appointee: Dobbin Lo) · Promote library events and services to seniors, emphasizing what the library can offer the senior. · Advise on key areas of additional services to seniors. · Support Senior Services at Council or other civic meetings. · Be prepared to speak on Library activities and services to the seniors. Technology Services (Current appointee: Ravenel Wimberly) · Promote currently available technology to the residents, emphasizing what the library can offer the senior. · Advise on potential services the library might offer through tect~nology. · Participate on panels and focus groups involving technology. · Support Library Technology initiatives at Council or other civic meetings. · Help promote partnerships that will bring more innovative technology to the Library. Young Adult Services (Current appointee: Joyce Womack, Rebecca Clark) · Promote currently available technology to the residents, emphasizing what the library can offer the senior. Advise on potential services the library might offer to Young Adults. · Assist in developing a Young Adult Board for the Rancho Cucamonga Public Library. · Participate on panels and focus groups involving service to Young Adults · Support Young Adult services at Council or other civic meetings. T H E C I T Y 0 F I~ANCHO CUCAMONGA SlaffReport DATE: June 12, 2003 TO: President and Members of the Library Board of Trustees FROM: Deborah Kaye Clark, Library Director SUBJECT: Review of "The Patriot Act's" implications for Libraries and Approval of the Library Policy in Response to Subpoenas or Search Warrants RECOMMENDATION: That the Board review the attached information on the Patriot Act's implications for libraries and approve the proposed policy that will be available at the meeting with any changes deemed appropriate. BACKGROUND: The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" (USA Patriot Act") became law on October 26, 2001. The Patriot Act amended over 15 federal statues, expanding the authority of the Federal Bureau of Investigation to gain access to library records. It also expanded the laws governing wiretaps and "trap and trace" phone devices to Internet and electronic communications. For an agency whose very mission embodies the right to read and privacy of information, the Act presents some very real ethical challenges. However, it is the law, and staff recommends policies that reflect obeying the law as interpreted by the City's Attorney while protecting the privacy rights of our customers within the framework of the law. Attached you will find information on the Patriot Act. I have also included a sample policy from the University of Maryland Libraries; a staff memo on procedures in dealing with a visit from the F.B.I. from the City of Riverside and a copy of Rancho Cucamonga's current policy regarding Patron Privacy. At the meeting, you will receive a draft policy for the Board to consider for the Rancho Cucamonga Public Library. Page 2 June 12, 2003 The Patriot Act's" implications for Libraries and Approval of the Library Policy in Response to Subpoenas or Search Warrants ~e~pectfully submitted., /'~ ~ /~ Deborah Kaye CI~ Library Director. Print version of http://www.ala.org/alaorg/oif/usapatriotlibrary.html Page 1 of 4 Back to: http//W._W_...w_ ~la o .g/~.gQrg/oiffusap_'atriotlibrary~h.~ml The USA Patriot Act in the Library Resolution Reaffirming the Principles of Intellectual Freedom in the Aftermath of Terrorist Attacks Adopted by the ALA Council on Wednesday, January 23, 2002. FBI in Your Library Printer-Friendly. Format Background The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 ("USA Patriot Act") became law on October 26, 2001. The legislation originated with Attorney General John Ashcroft, who asked Congress for additional powers that he claimed were needed to fight terrorism in the wake of the events of September 11, 2001. Few amendments were made to Ashcroft's initial proposal to Congress, and the bill became law without any hearings or markup by a Congressional committee. The Patriot Act amended over 15 federal statutes, including the laws governing criminal procedure, computer fraud and abuse, foreign intelligence, wiretapping, immigration, and the laws governing the privacy of student records. These amendments expanded the authority of the Federal Bureau of Investigation and law enforcement to gain access to business records, medical records, educational records and library records, including stored electronic data and communications. It also expanded the laws governing wiretaps and "trap and trace" phone devices to Intemet and electronic communications. These enhanced surveillance procedures pose the greatest challenge to privacy and confidentiality in the library. Enhanced Surveillance Provisions Affecting Library Confidentiality Section 215: Access to Records Under Foreign Intelligence Security Act (FISA) · Allows an FBI agent to obtain a search warrant for "any tangible thing," which can include books, records, papers, floppy disks, data tapes, and computers with hard drives. http://www.ala.org/cgi-bin/reghtml.cgi 7/25/2002 Print version of http://www.ala.org/alaorg/oif/usapatriotlibrary.html Page 2 of 4 · Permits the FBI to compel production of library circulation records, Internet use records, and registration information stored in any medium. · Does not require the agent to demonstrate "probable cause," the existence of specific facts to support the belief that a crime has been committed or that the items sought are evidence of a crime. Instead, the agent only needs to claim that he believes that the records he wants may be related to an ongoing investigation related to terrorism or intelligence activities, a very low legal standard. · Libraries or librarians served with a search warrant issued under FISA rules may not disclose, under of penalty of law, the existence of the warrant or the fact that records were produced as a result of the warrant. A patron cannot be told that his or her records were given to the FBI or that he or she is the subject of an FBI investigation. · Overrides state library confidentiality laws protecting library records. Codified in law at 50 U.S.C. §1862. Section 216: Relating to the Use of Pen Register and Trap and Trace Devices · Extends the telephone monitoring laws ("pen register," "trap and trace") to include routing and addressing information for all Intemet traffic, including e-mail addresses, IP addresses, and URLs of Web pages. · State law enforcement agencies may apply for and obtain an order under this provision, which is not limited to the investigation of terrorism or foreign intelligence matters. · Federal agents can obtain a nationwide court order for a wiretap from any federal court having jurisdiction over the offense under investigation. · The officers and agents seeking warrants under the pen register statute only need to affirm that the information sought is relevant to a criminal investigation. · Compels a recipient of a monitoring order to provide all necessary cooperation to law enforcement authorities to facilitate installation of the monitoring device, or provide the information to the investigating officer from their own records. The recipient cannot disclose that communications are being monitored. · Libraries that provide access to the Internet and e-mail service to patrons may become the target of a court order requiring the library to cooperate in the monitoring of a user's electronic communications sent through the library's computers or network. Codified in law at 18 U.S.C. §§3121-3127 Section 214: Pen Register and trap and trace authority under FISA · Extends the FBI's telephone monitoring authority in FISA investigations ("pen register," "trap and trace") to include routing and addressing information for all Intemet traffic, including e-mail addresses, IP addresses, and URLs of Web pages. http://www.ala.org/cgi-bin/reghtml.cgi 7/25/2002 Print version of http://www.ala.org/alaorg/oiffusapathotlibrary.html Page 3 of 4 · As with Section 215, the agent only needs to claim that he believes that the records he wants may be related to an ongoing investigation related to terrorism or intelligence activities, a very low legal standard. · As with Section 216, libraries that provide access to the Intemet and e-mail service to patrons may become the target of a court order. Codified in law at 50 U.S.C. §1852 Other Provisions of Interest That Do Not Directly Affect Libraries Section 218: Foreign intelligence information requirement for FISA authority. · Amends FISA so that foreign intelligence or terrorism need only be "a significant purpose" of the investigation, rather than "the purpose" of the investigation. Relaxes the legal standard for FISA surveillance. Section 219: Single-Jurisdiction Warrants for Terrorism Section 220: National Search Warrants for Electronic Evidence · Both provisions permit federal courts located in a district where a crime or act of terrorism has occurred to issue a court order that may be served and executed nationwide. Section 220 affects stored e-mail and other electronic data. Section 206: Roving Surveillance Authority under FISA · Permits the use of "roving wiretaps" in a FISA investigation, which allows the investigating agency to obtain a single court order to monitor the electronic communications of a person at any location or on any device, including e-mail and Internet communications. · The order need not identify the person or entity whose assistance is required for the monitoring. It is a generic order that may be presented at any time to a newly discovered service provider. · Updates FISA to match federal wiretap laws that allow roving wiretaps. American Library Association Office for Intellectual Freedom April 2002 Links to non-ALA sites have been provided because these sites may have information of interest. Neither the American Library Association nor the Office for Intellectual Freedom necessarily endorses the views expressed or the facts presented on these sites: and furthermore, ALA and OIF do not endorse any commercial products that may be advertised or available on these sites. http://www.ala.org/cgi-bin/reghtml.cgi 7/25/2002 Print version of http://www.ala.org/alaorg/oif/usapatriotlibrary.html Page 4 of 4 Return to the Top_~l~.~h~ Page See also USA Patriot Act See also Confidentiality and Coping with Law Enforcement Inquiries: Guidelines for the Library and its Staff See also State Privacy Laws Regarding Library Records See also FBIin.~r Library Return to OIF Home Page Copyright © 2002, American Library Association. http://www.ala.org/alaorg/oif/usapatriotlibrary.html Last Modified: 09:48:48 -- 07/03/2002 http://www.ala.org/cgi-bin/reghtml.cgi 7/25/2002 20 I NEWS FRONTS dent of the Friends of the SL Paul verse economic times." Since 1992, was recommended by the Friends' Public Library, the ordinance, if ii be explained, the Friends have been task force so that "all the fiscal becomes law, would give die library "recruiting citizens to come forth oversight would be overseen by one a guaranteed levy that would he aud lubby for SPPL's needs" to the group." Library workers would re- marked as such on property-tax couucil, backed by an annual posi- tain city-employee status and Mayor bills. Addressing Mayor Kelly's con- tiou paper on the needs of the Kelly his authority to appoint the cern that the levy would cost bllu Itbraty, WAs a result," Pearson said, director at his discretion. The flexibility in switching funds Irmu 'qbe council bas typically [either] mayor would gain the power to veto one city department to another, m~done cuts that the mayor has pro- actions of the library board, since it Pearson told American Libraries, posed tn his budget or added new doubles as the city council. "There's no reason the library levy hmdtng initiatives as we've re- Noting Kelly's administering to couldn't be lowered in a year," ndd- qaestcd.' On reassessing their op- SPPL "~e least amount of cu~ of lng that in such an evcmualtty, 'q~ enuiou tn 1999, however, the any city agencies" since he took of- would be c~stal-clear to iaxpaycr~ I~ricnds asked ~hemselves, rice in 2001, Pearson asserted, "We that that's happening" through fl~ett "$bouldnq we think of something have both a mayor and a city council itemized property-tax slatemcnts, Iong4erm?'~ since their strate~ was who love the libra~ but who have Emphasizing that planning 10~ Iht "not really gculng ahead of the different ~sio~ for how to show dedicated libraW le~ began lu 1999, game'~ hul "Just pla~ng catch-up." that support," which leads him to "when the economy was bounflng," The ordinance would also estab- conclude that despite the le~ dg- Pearson stressed to AL tha~ fl~c levy ilsh fl~e Oty council as SPPL's agre~ent, "the libra~ won't suffer was "not a knee-jerk rcactiou lo ad- board, a pruvtsion that Pearson said in the long ~n.' ~B.G. Libraries Cope C tively with the Patriot Act In the wake of continuing comro- alcr~ ibetr p~runs and the media to the event's organ~e~ call "the dan- versy about the library provishm~ ol fl~c dilemma Ihey could face if the ger to ci~l liberties posed by the USA Patriot Act~both the el; Iqll were ~o show up and ask for cie- the USA Patriot Act." forts to overturn it through lcgtsla- culalhm o~ Imcrnel record. Longmont Cit~e~ for Justice and tion as well as su~estions hy Ala)m ~ [~oplc participated in a Democracy in.ted patrons to join a congressional Republicans In early 'aubvcr~lvc i~)ok checkout" at march to the libra~, where they April that it be made permaucm~ I,ongm0m (Colo.) Public Libra~ lined up to check out books from a libraria~ have found legal ways lo Ma~l'h I ~ ~0 dn~w attention to what list dra~ up by the resident' group, including rifles on countefln- telligence, ci~l liberties, and U.S. histo~. "If your libra~ record isn't quite spicy enough," the list recom- mended, "or you long for top bluing on John Ashcroft's blacklist," partici- pan~ could t~ such juxtapositions as A Guidebook to Nuclear Reactors with ~lqsi~es and Rock Bl~ting. "It giv~ you ~e idea of the ~ong impression the government can get about you by what you're bu~ng or reading," said Dasd ~ck, the event's organ~er. Libra~ Director Tony Brewer said the group had alerted him of their plan and worked to t~ to minimize the event's impact on libra~ stuff. Brewer told American Libra~es he HOURS HONORS. No. list MIc~I Cun~lq~ (~, ~ ~ ~e urged staff "to maintain our neutral- Pull,er Priz~inning novel ~ H~, ~ ~ ~id Ha~ (right), ity, and to do what we Would do for who w~ ~e ocdalmod film odo~ ~ ~ l~l ~ ~o any other patron regardless of point Universi~ of ~ern ColOrola Ubm~' 2~1 ~e~ A~ ~r ~e ~st of ~ew~answer reference ques- realization of a ~k odap~d ~ film, ~ h ~ ~ h ~Kh 15 awa~s co.many at ~e sch~l I ~y ~ ~ U~ U~ ~n Je~ tio~, help them find materials, D. Camp~ll. The awa~ p~mm, ~ M ~ ~ ~ ~ ~e Iibm~. check out books, check in books," AMERICAN LIBRARIES I MAY NEWS FRONTS The Santa Cruz (CaliL) Public I Libraries have posted signs warning users that the government may be monitoring their borrowing records under the Patriot Act. The board voted March 3 to post this message at the 10 county branches and on its Web site: "Warn- ing: Although the Santa Cruz IAbmry makes every effort to protect your pri- vacy, under the federal USA Patriot Act (Public Law 107-56), records of the books and other materials you borrow from this library may be ob- tamed by federal agents. That federal law prohibits library workers from in- forming you if federal agents have ob- AFGHANIS IN AMERICA. The Initiative to Educate Afghan Women scholarship tamed records about you." program at Roger Williams University in Bristol, Rhode Island, has yielded In the resolution ordeting the post- three library stedent assistants, reports library dean Peter V. Deckle. lng, the boa~'d a~o called for the state's Launched in January 2002 by RWU President Roy J. Nirschel and his wife congressional delegation to support Paula Nirschel, the program is intended to send U.S.-educated participants back home after graduation tO help rebuild their nation. The students' legislation to exempt libraries and names may not be revealed as a precautionary condition of their accepting booksellers from those parts of the act the scholarship,' Deckle told American Libraries. that infringe on constitutional rights ~ and to increase congressional over- smaller branches were keeping the Library in Kilfington, Vermont, read: sight. Such a bill was introduced in sign-up sheets for a week or so to "We're sorry. Due to national secu- the U.S. House of Representatives tabulate the data. I told them to start rity concerns, we~ are unable to tell ~arch 6 (AL, Apr., p. 15). : shredding the records every day." you if your Internet surfing habits, A few libraries have followed passwords, and e-mail content are No news is good news Santa Cruz's lead in posting Patriot being monitored by federal agents. The San Francisco Chronicle reported Act-awareness signage. Turner said Please act appropriately." March 11 that Santa Cruz Chief she has had inquiries from as far Other libraries, however, are can- Librarian Anne Turner found a way away as Bentonvifle, Arkansas, and tious about alarming patrons. ALA to circumvent the Patriot Act's gag Beaverton, Oregon. President Maurice Freedman, direc- order forbidding staff from disclos- Thc Skokie (ilL) Public Library tor of the Westchester (N.Y.) Library lng that a search warrant was served: began posting signs in April that System, sai~ in the April 7 New York "At each board meeting I tell them read, in part, "Federal officials may Times: "There are people, especially we have not been served by any require the library to provide infor- older people who lived through the [search warrants] ," she said. "In any mation about your use of library re- McCarthy era, who might,be intimi- months that 1 don't tell them that, sources without informing you that dated by this. As of right now, the they'll know." The response from we have done so. The USA Patriot odds are very great that there will be patrons has been "overwhelmingly Act was initiated by Attorney Gen- no search made of a person's records positive," she added, eral John Ashcroft.' at public libraries, so I don't want to "The government can't subpoena Signs in the Sherburne Memorial ~care people away." -~G.M.E. information that we don't have," Turner told AL. She has recently Florida House Derails State Library. Move made sure that all paper patron records, from Internet sign-up sheets The Florida House voted April 4 to from library supporters across,the to reference inquiries, are shredded reject Gov. Jeb Bush's plan to trans- state (AL, Apr., p. 16-17), appears to on a daily basis. "The staff decided fer the state library's circulating col- be off the table. to do this to ensure patron privacy lection from Tallahassee to Nova An amendment sponsored by Rep. as best we can," Turner added. Southeastern University in Fort Lan- Bev Kilmer (R-Quincy) to provide "We've always had a policy of shred- derdale and eliminate 55 of the full funding for the library to remain ding documents that we don't need. library's 120 positions. Since th~ in a government building in the The central library has always shred- Senate's budget includes no funding capital city was approved unani- ded on a daily basis; but I found that for the move, the governor's pro- mously. "This is a win/win for his- some of the brfinch managers at the posal, which drew angry opposition tory and literacy in the state of MAY 2003 I AMERICAN LIBRARIES Page 1 of 1 Inland Valley Daily Bulletin Palo Alto librarians protest Patriot Act Records will be deleted to protect readers By BETH FOUHY Associated Press Wednesday, May 28, 2003 - PALO ALTO Librarians plan to shred documents and delete computerized records of patrons' reading habits as part of their battle against the U.S. Patriot Act, the federal anti-terrorism law that eases the way for the FBI to view library records. The Palo Alto librarians, saying it's all part of an effort to protect reader privacy, have agreed to destroy the computer records within six days of any transaction. The librarians say paper records, including inter-library loan requests, book reserve lists and sign-up lists for the library's public computers, are being shredded immediately after use. "We've had a longstanding policy of confidentiality of library records, and in light of the passage of the Patriot Act, we're reviewing and tightening our business practices," said Diane Jennings, the acting city librarian. The Patriot Act makes it easier for the FBI to pursue confidential information against individuals they suspect may be involved in terrorist activity. In a separate move, Palo Alto's police chief is supporting a resolution before the City Council next week that would prohibit her department from aiding the FBI in Patriot Act searches, interviews or surveillance without evidence that a crime has been committed. "We take an oath to uphold the Constitution and that's the bottom line for us," said Chief Lynne Johnson. "We believe we are still able to protect the people of this community, but won't do so by violating people's constitutional and civil fights." The resolution was approved by the city's human relations commission last week. More than 100 communities nationwide, including San Francisco and Marin counties in California, have passed resolutions protesting the Patriot Act. The city of Arcata, on California% north coast, has passed a new city ordinance imposing a fine of $57 on any city department head who voluntarily complies with investigations or arrests under the Patriot Act. Library associations have expressed great concern about the Patriot Act, which makes it significantly easier for the FBI to obtain records and offers libraries no opportunity to resist. A report released last week by the Justice Department showed that FBI agents have obtained records from 50 libraries throughout the country. http://www.dailybulletin.com/cda/article/print/0,1674,203%7E26127%7E 1420790,00.html 5/29/2003 calendarlive.com: Pro-Constitution, anti-Patriot Page 1 of 4 http://www.calendarlive.com/printedition/calendar/cl-et-tawa28may28.stow CULTURE Pro-Constitution, anti-Patriot Arcata's defiance of an anti-terrorism law - led by a freshman councilman - is at the forefront of a trend. By Renee Tawa Times Staff Writer May 28 2003 ARCATA -- This old mill town, until recently, has been dismissed as being out there, driven politically by a neo-counterculture bent. Here, on the north coast of California where transients are known as "urban travelers," freshman City Councilman David Meserve is flouting the federal government in his pledge to protect civil rights, giving him the biggest stage of his life. Much to his surprise, Meserve, a 53-year-old grandfather, recently has emerged as a voice on the leading edge of a nationwide movement that is turning increasingly subversive. A small but growing chorus of local governments and other entities is denouncing, and even defying, a federal law that critics consider a violation of civil rights -- the USA Patriot Act, approved by Congress a month after the Sept. 11 attacks to expand the government's surveillance powers in terrorist investigations. Under one of the most controversial provisions of the act, FBI agents were given easier access to bookstore and library records, allowing them to secretly track what an individual is reading. In terrorist investigations, government attorneys who seek search warrants no longer must show "probable cause" before an open court; they now can go behind closed doors and ask for an order to seize any record that is relevant to an investigation. The law also prohibits the record keepers -- booksellers, librarians, etc. -- from telling anyone about the seizure. A companion to the act, which would broaden its scope, is under discussion at the Justice Department. Critics -- including librarians, booksellers, city officials, and a group of congressmen -- say the Patriot Act violates provisions of the Constitution including the 4th Amendment, which protects against unreasonable searches and seizures and prohibits the execution of search warrants without probable cause. In April, Meserve steered Arcata to a provocative stand. The town became the only city in the country to make it illegal for its top officials to cooperate with Patriot Act investigations, in which federal agents also have broader authority to monitor e-mail, conduct wiretaps and use other intelligence tools. Arcata's ordinance prohibits its managers, including the police chief, from voluntarily cooperating with federal authorities under the act. (Other cities, such as Eugene, Ore., have approved resolutions, which http://www.calendarlive.com/templates/misc/printstory.j sp?slug=cl%2Det%2Dtawa28may2.. 5/29/2003 calendarlive.com: Pro-Constitution, anti-Patriot Page 2 of 4 have less force, with similar directives.) Meserve, who drafted the ordinance with the help of the city manager and city attorney, says he has gotten interest from such far-flung media as A1 Jazeera, the Arab satellite TV channel. He has also fielded calls on how to draft such a law from about 30 cities across the nation, though he declines to name them. "It has obviously caught the imagination of a lot of people because we're saying, 'Not here in Arcata,' the little town that stood up for the Constitution," Meserve says. (City Manager Dan Hauser declined comment on the ordinance; City Atty. Nancy Diamond did not return telephone calls.) As a longtime antiwar and environmental activist, Meserve is used to challenging the system with little attention from outside Arcata, population 16,400. Last fall, as a first-time candidate for public office, Meserve, a Green Party member, used the campaign slogan: "The federal government has gone stark, raving mad." He is "delighted but amazed" at the press coverage of the anti-Patriot Act ordinance. "That's the only way you get a movement that isn't marginalized," says Meserve, a pony-tailed, backpack-carrying building contractor who rides his mountain bike on errands around town. "That's the only way you get real change in a society is when it embraces not just the left but the whole spectrum." Councilman Michael Machi, the lone "no" vote on the anti-Patriot Act ordinance, says the issue has been a distraction at a time when the city is facing major budget cuts. Machi, 53, a bearded, Birkenstock- wearing woodworker, says he is often thanked for being "the voice of reason on the council." Parts of the Patriot Act are "very troubling," he says, but that doesn't mean the city should pass a law against it. "Next thing I know we're going to be weighing in on capital punishment and abortion, which is not our job. I ran to be a public servant, and I ended up in a public circus." Momentum against the act has been building among local governments, according to the Bill of Rights Defense Committee, a citizens group in Florence, Mass., that is monitoring, and helping to foster, opposition to the act. By December 2002, for instance, 17 cities had passed Patriot Act-related resolutions, according to the committee. To date, 112 local governments have approved such resolutions, including city councils in West Hollywood, Santa Monica and Claremont, along with tony Evanston, II1., and North Pole, Alaska, population 1,570. Hawaii and Alaska also have passed anti-Patriot Act resolutions. The resolutions, which carry no legal authority, vary in wording. Some directly condemn the federal law while others, such as Claremont's, simply affirm human rights and civil liberties in the face of provisions of the act that seem to threaten them. A spokesman for the U.S. Justice Department says opposition to the Patriot Act has been overblown. Relatively few cities have passed resolutions against the law, says Jorge Martinez, pointing out that Congress overwhelmingly approved it. "You're talking about Vermont; Cambridge, Mass.; liberal college towns in California," Martinez says. "The Patriot Act has given the Justice Department a greater ability to protect the American people." Contrary to popular belief, federal agents are not using the act to "find out what books regular Americans are reading," Martinez says. In fact, he says, the law "goes to great lengths to preserve the 1st Amendment fights of libraries, bookstores and other affected entities." Martinez, who has not read Arcata's ordinance, declined to say what might happen if the city challenged the Patriot Act in court. Under Arcata's law, city officials are banned from complying with requests that are unconstitutional -- http://www.calendarlive.com/templates/misc/printstory.j sp?slug=cl%2Det%2Dtawa28may2.. 5/29/2003 calendarlive.com: Pro-Constitution, anti-Patriot Page 3 of 4 for instance, the police department would not help FBI agents track or arrest a suspected terrorist in town if "an individual's civil rights or civil liberties" are being violated. The town's booksellers and the county librarians are not covered under the city's ordinance since they are not city officials. Violation of the ordinance is considered an infraction, which carries a $57 fine, making the ordinance largely symbolic. Privacy concerns have been heightened since February, when the Center for Public Integrity, a Washington, D.C., watchdog group, publicized a draft of a Justice Department memo on a proposed "Patriot Act II" that would give the government even broader surveillance powers. Under the draft, one provision would allow the government to set up a DNA database of suspected terrorists. And groups such as the ACLU and American Libraries Assn. have launched campaigns against parts of the act. Earlier this month, 35 representatives of the book industry issued a statement supporting a bill introduced in March by Rep. Bernie Sanders (I-Vt.) that would exempt libraries and bookstores from the provision that allows federal authorities to obtain records without a search warrant. The coalition includes the American Booksellers Assn., Barnes & Noble Booksellers and Borders Group Inc. Sanders has 104 co-sponsors for the bill, which he introduced after being approached by Vermont librarians earlier this year. "They said, basically, 'We want you to introduce legislation because we, as librarians, are being put in a position where we are going to have to spy on our neighbors, which is a violation of everything we believe in.'" Also, Sanders says, "I don't want young people in this country to think that if they take out a book on Osama bin Laden or nuclear weapons or terrorism, then someone will think they're a terrorist, and they'll think twice before they do that research paper." Patriot Act investigations largely have been conducted secretly although, in response to a House Judiciary Committee request, the Justice Department earlier this month released a 60-page report on its use of the act. The report did not detail library or bookstore visits, but Justice Department official Viet Dinh, the chief architect of the Patriot Act who is resigning his post at the end of the week, told a House Judiciary Committee subcommittee last week that about 50 libraries have been contacted in terrorist investigations under the act, according to an Associated Press report. But the American Library Assn. disputes the figure, saying in a statement, "the real number of libraries visited and the cimumstances of those visits are still not known." Librarians nationwide are responding to the act in both subtle and active ways. In Monterey Park, librarians at the Bruggemeyer Memorial Library have posted signs on the public computers, warning patrons that their Interuet surfing habits are subject to government scrutiny. In addition to posting similar warning signs, Santa Cruz public libraries are shredding any paperwork that might be seized, including Internet sign-up logs, says Anne Turner, director of the library system. The response of the community has been largely supportive, Turner says, although she has "received a certain number of e-mails, one out of four maybe, saying, 'You Commie pinko spy,' certainly calling into question my patriotism." If government authorities showed up at the Berkeley Public Library's main branch and asked director Jackie Griffin for records under the act, "I would say no," she says. Griffin, who has weighed the matter carefully, jokes that her staff promises to bring her cookies in jail. At least two bookstores in Vermont, Bear Pond Books and Galaxy Bookshop, have offered to purge purchase records for customers upon request. At Galaxy in Hardwick, Vt., only one customer has asked http://www.calendarlive.com/templates/misc/printstory.j sp?slug=cl%2Det%2Dtawa28may2.. 5/29/2003 calendarlive.com: Pro-Constitution, anti-Patriot Page 4 of 4 to have records erased, owner Linda Ramsdell says. In Arcata, Meserve says the community overwhelmingly has supported the ordinance, but he has received a few jibes from anonymous callers -- "Why don't you go live in Iraq?" -- and from the media. On a Fox News show, host John Gibson asked: "Do you mean to tell me if I'm [Sept. 11 hijacker] Mohamed Atta, and I'm looking for a nice, safe place to be, I want to make a beeline for Arcata?" Sen. Jon Kyl (R-Ariz.) issued a statement earlier this month in reaction to the city resolutions nationwide, saying "we still need these anti-terrorism measures to stop future terrorist plots" and singling out Arcata's position "on this misguided bandwagon." Every couple of years or so, the politics of this city 275 miles north of San Francisco make national news. In 1996, Arcata became the first city in the country to have a Green Party-dominated City Council. (They no longer have a council majority.) These days, protests against war continue weekly in the downtown plaza not far from Victorian homes with gables and turrets. The Food Not Bombs marchers bang pots or plastic buckets before serving free stew to a mix of locals and transients. "There's a certain point where libertarians and the fight wing and left wing kind of converge, and [Meserve] tapped into that," says Kevin L. Hoover, editor and publisher of the weekly newspaper, the Arcata Eye. Yet, even here, Meserve is a controversial figure. Most recently, he has been in the local news for refusing to acknowledge the Pledge of Allegiance at council meetings, based, in part, on his opposition to the war in Iraq. For his part, Meserve invites the attention the city's ordinance is bringing, and welcomes a challenge in court on its legality. Civil liberties groups have already offered to help foot any legal fees the city might incur, he says. "Come and get us." If you want other stories on this topic, search the Archives at latimes.com/archives. For information about reprinting this article, go to www.lats.com/dghts. Copyright 2003 Los Angeles Times http://www.calendarlive.com/templates/misc/pfintstory.j sp?slug=cl%2Det%2Dtawa28may2.. 5/29/2003 APPENDIX B: SAMPLE POLICY STATEMENT LIBRARY RESPONSE TO SUBPOENAS OR SEARCH WARRANTS The following Draft Policy Statement is adapted from an e-mail message from Charles Lowry, Dean of Libraries, University of Maryland Libraries, to ARL Directors in September 2002. University of Maryland Libraries will observe the following procedures, until we determine a more detailed procedure is needed. If a law enforcement officer presents a subpoena or search warrant at any of the libraries: Staff who are approached should immediately contact the Dean's and their Director's office to alert them and refer the officer to the Dean's office. · We will immediately contact the UM Legal Office for a review of the document's legal sufficiency (and tell the law enforcement officer of this procedure). · The Legal Office will provide assistance on site during the search. This could happen at non-standard times (though doubtful) such as weekends and late nights. We have established a phone tree for Library Executive Committee members for nights and weekend emergencies. · Similarly, we will ask UM Legal Counsel for contacts during non-standard times. Again, we do not expect this to happen. In our experience (e.g,, last year when the FBI was on campus after September 11,2001) they came during normal work hours and (I should mention) were highly professional and courteous in our work with them. The above Draft Protocol Statement was based upon a communications between University of Maryland Legal Counsel, Anne Bowden and Dean of Libraries Charles Lowry in 2002 regarding the effect of the USA Patriot Act's amendments to the Foreign Intelligence Surveillance Act. One of those communications is included below: First, any request anyone in the library receives for information about what library materials someone is using should be sent to the Legal Office without furnishing any information. The law allows that type of disclosure of the request. Second, every request has to be made pursuant to a search warrant or subpoena. The standard to obtain a search warrant has been reduced from probable cause that a crime has been committed or that the information being sought relates to a crime, to a belief that the records being sought may be related to an ongoing investigation related to terrorism or intelligence. This same lowered standard applies to requests for court orders authorizing wiretaps and electronic tracking/tracing devices. Third, if a law enforcement officer requests circulation information without a subpoena or a search warrant, the library has no duty to furnish information. If a law enforcement officer shows up with a subpoena or a search warrant, I recommend that a) you identify one person (you or an assistant) who will receive such requests; b) call the legal office and ask someone to come and review the document for legal sufficiency. We will have time to collect information requested by a subpoena but law enforcement officers may execute a search warrant immediately. I recommend that you call the legal office to request that an attorney be present during searches. Fourth, the USA Patriot Act supersedes the state's confidentiality law with respect to library circulation records. So, the less personally identifiable information the library collects, the less information the library will have to turn over. Fifth, the legal office can attempt to obtain restrictions on who can access subpoenaed information and the purposes for which it can be accessed. I suspect that such efforts will not often be successful, but we could always try. RIVERSIDE PUBLIC LIBRARY INTEROFFICE MEMO Date: July 17, 2002 Memo # 02-10 To: Library Distribution From: Judith M. Auth, Library Director .... Subject: - -- Requests for_Information_from_the. EBI This is a significant change in procedure and all Library staff are responsible for understanding and following these directions. Please have all staff in the agency read and initial one copy of this numbered memo and return it to Mary Balian, Senior Office Specialist. File the second copy in the agency procedure manual. Refer questions to your supervisor or contact Library Administration. On Monday, June 24, 2002, The Press-Enterprise and TV news featured articles headlined FBI begins library checks. This memo is an explanation of library staff responsibility in the event of a request from the Federal Bureau of Investigation (FBI) for information. Such searches are now legal under the Patdot Act that President Bush signed last October and override California's Confidentiality Law. Before approaching an employee, the FBI must obtain a search warrant from a court that meets in secret to hear the agency's case. The FBI must show it has reason to suspect that a person is involved with a terrorist or a terrorist plot. ONLY THE FBI HAS THIS AUTHORITY. The FBI may approach staff during regular working hours or between 5 p.m. and 9 p.m. when City offices are closed. It is important for staff to know what is expected of them at any time they are at their place of employment. If the FBI approaches any staff, the officer should be referred to the site supervisor. The site supervisor should take the officer into an office and hear the request. A search warrant must be produced by the officer. The site supervisor should ask the officer for identification and carefully read the search warrant to determine the parameters of the search. The site supervisor then calls · Library Director Judith Auth 826-5385 · Chief Librarian Helene Luley 826-5778 · Administrative Services Manager Larry Crilly 826-5373 · Senior Librarian Karen Cramer or Doris Illes 826-5416 / 826-5208 When one of these persons is reached, that person will call the City Attomey who will advise what action should be taken. If the request comes after Library Offices close, the site supervisor should call the home phone numbers listed in the Emergency Manual. If no one of the Library management staff can be reached, then a call should be made to the City Attorney's office: 826-5567. If there is no one there to take a call, a voice mail message should be left !or City Attorney Greg Priamos 826-5739. If there is an urgency about the appropriateness of the seamh, the site supervisor may call Deputy City Attorney Susan Wilson at 826-5569. After these calls have been made, and if no further advice is forthcoming, the site supervisor must comply with the warrant. In most cases, the warrant lists a name which the FBI officer wants the library staff person to seamh in the borrower database. The site supervisor should do the seamh personally so as not to compromise confidential information that is not subject to the current search. If the name appears in the borrower database, then the site supervisor must make a screen print of the Has Now List and hand it to the officer. If there is no match for the name as it appears on the search warrant, no further action should be taken. The database should be closed and the interview ended. · If further questions are asked by the officer, the site supervisor may answer from personal experience (not from the database) or may request the officer to retum when legal counsel is available to sit in on the interview. This is a judgment call that the library employee must make. Any inquiry from the FBI or other law enfomement during working hours must be reported to Library Administration, by phone or e-mail as quickly as possible and followed up with a wdtten Incident Report form. No information about the search may be given to anyone other than Library Administration and the City Attorney's staff. This includes the media. Inquiries from reporters must be referred to Library Administration. Attachment CITY OF RANCHO CUCAMONGA CONFIDENTIALITY OF LIBRARY RECORDS POLICY POLICY NO.: PAGE 1 OF 1 EFFECTIVE: 2/2/95 REVISED: APPROVED: 2/2/95 PURPOSE: This policy is designed to serves three basic purposes: 1. To ensure free access to ideas and information 2. To prevent invasion of privacy 3. To provide access to an individual's library circulation records (to someone other than the individual) through proper legal process in accordance with the USA Patriot Act. BACKGROUND: The Board of Trustees of the Rancho Cucamonga Public Library affirms that the tax-supported public library, as a citadel of information and lifelong, independent learning, exists to provide access to information and ideas from all points of view. Improper release of circulation records would have a chilling effect on such access. Fear of public disclosure, particularly among those who read or view controversial or unorthodox materials, would result in deterring citizens from seeking information through their library. The USA Patriot Act (attached) provides legal guidelines under which information must be shared with the requesting agency. This policy reflects those legal guidelines. POLICY: Rancho Cucamonga Public Library records on individual users are for the sole purpose of protecting public property and are not to be used to identify types of materials used by or personal information about individuals. Under no circumstances shall library staff provide information of any kind about an individual library user. No records shall be made available to the public, press or governmental agency, except by such process, order, or subpoena authorized by federal, state, or local law. The Library Director shall resist such process, order, or subpoena until there is a proper show of good cause. Any costs incurred by the library in any search of records shall be charged to the agency demanding such a search. PROCEDURE: Any staffmember approached and requested to give information on library records, should refer the requestor to the Library Director or the Librarian in Charge. CITY OF RANCHO CUCAMONGA CONFIDENTIALITY OF LIBRARY RECORDS AND THE USA PATRIOT ACT POLICY POLICY NO.: PAGE 1 OF 3 EFFECTIVE: 2/2/95 REVISED: 6/12/03 APPROVED: PURPOSE: This policy is designed to serves three basic purposes: 1. To ensure free access to ideas and information 2. To prevent invasion of privacy 3. To provide access to an individual's library circulation records (to someone other than the individual) through proper legal process in accordance with the USA Patriot Act. BACKGROUND: The Board of Trustees &the Rancho Cucamonga Public Library affirms that the tax-supported public library, as a citadel of information and lifelong, independent learning, exists to provide access to information and ideas from all points of view. Improper release of circulation records would have a chilling effect on such access. Fear of public disclosure, particularly among those who read or view controversial or unorthodox materials, would result in deterring citizens from seeking information through their library. The USA Patriot Act (attached) provides legal guidelines under which information must be shared with the requesting agency. This policy reflects those legal guidelines. POLICY: Rancho Cucamonga Public Library records on individual users are for the sole purpose of protecting public property and are not to be used to identify types of materials used by or personal information about individuals. U No records shall be made available to the public, press or governmental agency, except by such process, order, or subpoena authorized by federal, state, or local law. '~'~ T a. .... r,:.^~+~. ~.~1~ incurred by the library in any search of records shall be charged to the agency demanding such a search. PROCEDURE: 1) Before approaching an employee, the law enforcement agency, including the FBI, must obtain a search warrant from a court that meets in secret to hear the agency's case. 2) A law enforcement officer, even the FBI, may approach staff during regular working hours. Any staffmember approached and requested to give information on library records or what library materials a patron is using should refer the requestor to the Library Director or the Librarian in Charge, without furnishing any further information. 3) Library Director or Librarian in Charge shall immediately contact the office of the City Attorney, James Markman, at (714) 990-0901. The Counsel will review the document's legal sufficiency. The law enforcement office must be told of this procedure. 4) A law enforcement officer, even the FBI, may approach staff between 5 p.m. and 9 p.m. or on weekends. In this case, the following actions should be taken: a) The officer should be referred to the staff member in charge. b) Staff member in charge should delegate alternate staff member to attempt to reach the following listed in priority order (Contact phone numbers including home phone, pager and cell phone is attached): i) Deborah Clark ii) Robert Karatsu iii) Renee Tobin iv) Michelle Perera c) The staff member in charge should take the officer into an office and hear the request. A search warrant must be produced by the officer. The staff member in charge should ask the officer for identification and carefully reach the search warrant to determine the parameters of the search. ~1) If no one of the Library management staff can be reached, then a call should be made to the City Attorney's office. If there is no one there to take a call, a voice mail message should be left for City Attorney James Markman. e) After these calls have been made and if no further advice is forthcoming, the staff member in charge must comply with the warrant. 5) If the warrant lists a name which the officer wants the library staff person to search in the borrower database a) The staff member in charge should do the search personally, so as not to compromise confidential information that is not subject to the current search. Top ranking circulation staff member may be used for assistance to fine tune the search. b) If the name appears in the borrower database, then the staff member in charge must make a screen print of the list of materials checked out to the card holder and hand it to the officer. ¢) If there is no match for the name as it appears on the search warrant, no further action should be taken. The database should be closed and the interview ended. 6) If further questions are asked by the officer, the staff member in charge may answer from personal experience, but not from the database. Or the staff member may request the officer to return when legal counsel is available to sit in on the interview. 7) Any inquiry from the FBI or other law enforcement must be reported to Library Administration, by phone or e-mail as quickly as possible and followed up with a written Incident Report form. 8) No information about the search may be given to anyone other than Library Administration and the City Attorney's staff. 9) Any inquiries from reporters or other media must be referred to Library Administration. ~ LLRX.com - The USA PATRIOT Act and Patron Privacy on Library Internet Terminals Page 1 of 5 = LLRX INavigation ~ SEARCH ~ Features The USA PATRIOT Act and Patron Privacy on Library Internet Terminals By Mary Minow Mary Minow is a library law consultant with librarylaw.com. She is currently writing a book on library law for the American Library Association with Tomas Lipinski. This librarylaw.com column is not intended to replace legal advice. For a particular fact situation, consult an attorney. Published February 15, 2002 Within hours after the September 11 attacks, the FBI began serving search warrants to major Intemet Service Providers to get information about suspected electronic communications,g Within a week, police and FBI agents received tips that some suspects used libraries in Hollywood Beach and Delray Beach, Florida. FBI agents have since requested computer sign-in lists from other libraries. President Bush signed the USA PATRIOT Act into law on October 26, 2001. This law is expected to greatly increase the number of requests for sign-in lists at libraries. What is the USA PATRIOT Act? The USA PATRIOT Act stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The legislation is broad and changes immigration laws, tightens controls on money laundering, and greatly expands the legal use of electronic surveillance. The Act greatly expands the use of "roving wiretaps." This means that a wiretap order targeted to a person is no longer confined to a particular computer or telephone. Instead, it may "rove" wherever the target goes, which may include library computers. The new law allows a court to issue an order that is valid anywhere in the U.S. This greatly increases a library's exposu?e to court orders. Further, the use of pen/trap orders is now "technology neutral" and applies to the Internet as well as telephones. Whereas incoming and outgoing phone numbers have long been available upon the mere showing that they are relevant to an ongoing investigation, now email headers and URLs visited are available under the same Iow standard. Civil liberties advocates argued that such information is not analogous to phone numbers, but far more revealing (including, for example, the keywords used in Google searches such as http:llwww.qooqle.comlsearch?hl=en&q=mary+minow). Much of the Act expands the Foreign Intelligence Surveillance Act (FLSA), in which the standards for courts to approve surveillance of foreign intelligence gathering are far less demanding than those required for approval of a criminal wiretap, which requires a showing of probable cause. Librarians can get a good sense of the legal requirements by reading the guidance just issued to federal agents by the Department of Justica.3 What does the USA PATRIOT Act mean for libraries? http://www.llrx, com/features/usapatriotact.htm 6/12/2003 LLRX.com - The USA PATRIOT Act and Patron Privacy on Library Intemet Terminals Page 2 of 5 The upshot is that there will be a great many more surveillance orders, everywhere in the country, and in turn there will be more requests for library records, including Internet use records. Think of law enforcement as needing to enter two doors to apprehend a suspect. Door One leads to the computer server. Law enforcement can find electronic tracks through email or Internet history logs. They may have intercepted messages through surveillance or other means. This leads to a particular computer terminal, date and time. Door Two leads to the individual. This person could be someone using the Internet in a library, padicularly someone who wishes to remain anonymous. The FBI (or others) will want to see a library record of who was using the library's terminal(s) at a particular date and time. If the library keeps sign-up records, law enforcement will want to see those records. Will the FBI (or other law enforcement) ask to put surveillance technology on library computers? In many cases, the surveillance technology will be placed elsewhere, and lead law enforcement directly to Door Two. However, it is possible that the FBI will approach the library and ask to place software (such as the controvemial DCS1000 (also known as Carnivore) on library serversfi Libraries should be sure to insist on a court order before complying. Note that libraries that share servers with cities or others may not be directly approached. Should a library cooperate with the FBI (or other law enforcement) in giving library Internet sign up lists? Yes, but advisedly with a court order. This is where the library's individual policies and procedures will become increasingly important. Does the library require sign-ups? If there are no sign-up lists, the inquiry essentially halts. Does the library allow first names only, or made-up names? Does it require identification? Library cards with addresses? Does it keep sign-up records, and if so, for how long? Does it use an automated system that ties library card numbers (tied to registration information) to Internet use? Is such information electronically disengaged after use and electronically shredded? Is it backed up on computer tapes? How long are backup tapes kept? Search warrants are court orders, signed by a magistrate or a judge. Libraries are explicitly barred under Calif. Gov't. Code {}6267 from disclosing patron registration or circulation records, excepting staff administrative use, written consent by the patron, or an order from the appropriate superior courtfi. Whether or not the law protects Internet use records from disclosure without a court order (this includes search warrants) is not entirely clear. Many libraries consider these records as an extension of registration/cimulation records, in that personally identifying information linking patron names with content is involved. Additionally, another section of the law known as the "pemonal privacy" exemption, provides that certain types of information may be kept confidential by a public agency where the disclosure would constitute an unwarranted invasion of personal privacy.~ Finally, library policies that protect such records, if well drafted, might protect Intemet use records. For an argument that the state law should be updated to reflect the use of Internet in California libraries, see my article in California Libraries April 4, 19997 Should my library use sign-ups for Internet terminals? If we use sign-up records, are they subject to the California Public Records Act, making us at risk if we destroy them? Libraries generally decide on whether and how to use sign-up procedures based on the supply and demand of Intemet terminals. Sometimes libraries want identification to afford a measure of accountability i.e. prevent hacking. Libraries should be aware, however, that the sign-up procedure has considerable privacy implications. If records are kept, it is best if precise information can be extracted (e.g., user at Terminal #2 on November 13, 2001 at 1 p.m.) without giving out other patron's data. Under the California Public Records Act, the library is not required to create or maintain Internet use http://www.llrx.com/features/usapatriotact.htm 6/12/2003 LLRX.com - The USA PATRIOT Act and Patron Privacy on Library Internet Terminals Page 3 of 5 records, any more than numerous other temporary records libraries may keep, such as reference query logs. Once records are created and kept, however, they are subject to court orders, and possibly to open records requests. (Remember that it's possible these records have the same privacy safeguards as circulation and registration records described above.) Although libraries are not required to create or maintain such records, it is definitely not advisable to destroy the records after a law enforcement or public request for disclosure. In a case in New Hampshire, a father requested a school's computer internet logs (in this case, the electronic records of sites visited). He was concerned that the school library's acceptable use policy was inadequate. When the school did not turn over the logs, the father sued under the state's Right-To-Know law. The county superior court ordered the school to turn over the logs, with the user names and passwords omitted. In January 2001, however, the Court found that the school had intentionally deleted the logs after the father filed suit. It found the school to be in contempt of court, and ordered it to produce the remaining records and pay the father his costs and attorney's fees.~ In addition, local ordinances may apply. Check with the library's attorney. I read that the USA PATRIOT Act allows federal agents to get court orders for the production of "business records." Does that include library records? The Act states that the FBI may apply for an order requiring the "production of any tangible things (including books, records, papers, documents and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment..? This prov s on s designed to get ISP records of user billing information. Library patrons who are merely accessing information on Internet terminals should have strong First Amendment arguments. Nevertheless, it's not clear whether they would win. Senator Russ Feingold tried to get an amendment to clarify that the Act would not preempt existing federal and state privacy laws, by maintaining existing criteria for records, such as library records. This amendment failed. Also, it should be noted that this "business records" provision is an amendment of the FlSA law, which means that court proceedings are not open and are sealed. I read that a research librarian tipped off the police in Florida. Can I do that, or must I wait for them to come to me? If you recognize a picture in the newspaper as one of your patrons, that is not divulging a library record. If, on the other hand, you recognize a suspect's names from library records, you should definitely check in with your attorney before deciding whether to call the police. In Broward County, Florida, the library was issued an order by a federal grand jury to collect library records when a patron fitting the description of Mohamed Atta, an alleged terrorist leader, was seen using computers with Internet accessfi9 The order was given with specific instructions not to release information to anyone other than federal authorities? Recall that the vast majority of library patrons are not terrorists, and libraries should make all efforts to protect patron privacy. Wasn't there an FBI program years ago that sent FBI agents into libraries asking for reading habits of suspicious looking people? Yes. The FBI Library Awareness Program was a program that ran for about 25 years, in which FBI agents tried to enlist the assistance of librarians in monitoring the reading habits of "suspicious" individuals. Such individuals were variously defined as people with Eastern European or Russian- sounding names or accents, or coming from countries hostile to the U.S? During the Library Awareness Program, some FBI agents wrongly claimed that they were not subject to statutes protecting library records.J~3 The efforts were largely unsuccessful, due to the tremendous outrage and resistance from those in the library profession. http://www.llrx.com/features/usapatriotact.htm 6/12/2003 LLRX.com - The USA PATRIOT Act and Patron Privacy on Library Intemet Terminals Page 4 of 5 The most important lesson that libraries learned was the importance of training the "friendly front desk clerk" and even volunteers not to hand over the information, but to refer all inquiries, even by badged FBI agents, to the library director. How is the library community responding to the anti-terrorism legislation? The American Library Association joined with the Association of Research Libraries and the Association of American Law Libraries in issuing a statement on the proposed anti-terrorism measures. It says that libraries do not monitor information sought or read by library users. To the extent that libraries "capture" usage information of computer logs, libraries comply with court orders for law enforcement. The statement is also concerned that the legislation, which makes it easier to access business records, may in some cases apply to library circulation records. It recommends that legislators keep high standard for court order regarding release of library records? Where should libraries go to get guidance on FBI search warrants? The Freedom to Read Foundation is making some legal'assistance available to librarians. Librarians are advised to call the ALA Office for Intellectual Freedom and request legal advice from Jenner & Block without disclosing the existence of a warrant. For more details, see the ALA's recently issued Alert: USA PATRIOT Act.J-5` Footnotes 1. This "bottom line" is dedicated to Thad Phillips, who said, "Mary, I know you're smart, but when I read your articles, I just want to get to the bottom line." 2. "FBI turns to Internet for terrorism clues," http://www.cnn.com/20011TECH/internet~O9/13/fbi.isps/ (visited November 15, 2001 ). 3. See United States. Department of Justice. Computer Crime and intellectual Property Section. Field Guidance on New Authorities that Relate to Computer Crime and Electronic Evidence Enacted in the USA Patriot Act of 2001, http://www.usdoi.qov/criminal/cybercdme/PatriotAct.htm (visited November 13, 2001 ). 4. For more on current software/hardware surveillance technology, see Jack Karp, Chewing on Carnivore, TechTV, October 16, 2001 (visited November 13, 2001). 5. See Calif. Gov't. Code §6254 and §6267 (2001). The library may not disclose these records except to a) staff within the scope of administrative duties, b) with written consent from the patron, or c) by order of the appropriate superior court. Although California law refers to the "appropriate superior court," the USA PATRIOT Act still requires court orders, but allows courts in any jurisdiction to issue orders. Federal law will supercede state law in this case (unless the Act is later found unconstitutional). 6. Calif. Gov't. Code, § 6254(c) (2001). 7. See Mary Minow, '.'Library patron internet records and freedom of information laws," California Libraries, April 4, 1999, pp. 8-9, reprinted at http:llwww.librarylaw.comlpubiicrecords.html (visited October 3, 2001). 8. James M. Knight v. School Administrative Unit #16 Docket No. 00-E-307, Rockingham, SS. Superior Court, New Hampshire. See "Exeter Intemet Ruling, Complete Ruling," Portsmouth Herald, January 8, 2001 at http:/Iwww.seacoastonline.comlnewsll 8special.htm (visited November 15, 2001). 9. USA PATRIOT Act H.R. 3162, Title II Section 215, amending the Foreign Intelligence Surveillance Act (FLSA), Title V, Section 501 (a)(1) http://leahy.senate,~qov/press/200110/USA.pdf http://www.llrx.com/features/usapatriotact.htm 6/12/2003 LLRX.com - The USA PATRIOT Act and Patron Privacy on Library Intemet Terminals Page 5 of 5 (visited November 13, 2001 ) 10. Florida Statute 257,261 The Florida Statute is very similar to the Calif. Gov't Code {}6254 and {}6267. 11. John Holland, Paula McMahon, Fred Schulte and Jonathon King, "Library computers targeted in terrorism investigation, "Sun-Sentinel, September 18, 2001 at http://www.sun- sentinel.com/news/southflorida/sfl-culprits918.story (visited October 3, 2001). 12. See Herbed N. Foerstel, Surveillance in the Stacks: The FBI's Library Awareness Program, (Greenwood Press 1991); Ulrika Ekman Ault, "Note: The FBI's Library Awareness Program: Is Big Brother Reading Over Your Shoulder?" 65 N.¥.U.L Rev. 1532 (December, 1990); 13. Senator Simon, Academic Libraries Must Oppose FederaISurveillance of Their Users, 100th Cong. 2nd Sess., 134 Cong Rec. S 4806 (1988)(republishing an article by Gerald R. Shields, Chronicle of Higher Education) cited in Mark Paley, The Library Awareness Program: The FBI in the Bookshelves at http://hometown.aol.com/paleymark/library.htm (visited October 1,2001 ). 14. Library Community Statement on Proposed Anti-Terrorism Measures and Library Community Letter to Congress on Anti-Terrorism Legislation (pdf file) at http://www.ala.org/washoff/ (visited October 4, 2001). 15. American Library Association. Office for Intellectual Freedom Alert: USA Patriot Act http://www.ala.orq/alaorq/oif/usapatriotact.html (Editor's noted (SP), this link changed after publication, and has been corrected). Copyright © 200;I-2002 Mary Minow. A EACK TO TOPOF PAGE [ LLRX Front Paqe I Bookstore I Ar~hiv~_s I About LLRX I Subscribe I I Comments I Linking I Privacy Policy ] Copyright ©1996- Law LibraryResource 2003 Xchange, LLC. "'""~Om ~ All rights reserved. http://www.llrx.com/feamres/usapatriotact.htm 6/12/2003 mders/Bipattisan Coalition Asks comn'nttee to Take Testimony from Librarians and Booksellers on Federal Use of Patriot Act BERNARD SANDERS INDEPENDENT MEMBER OF CONGRESS VERMONT, AT LARGE ~or Immediate Release, 6/4/2003 Sanders/Bipartisan Coalition Asks Committee to Take Testimony from Librarians and Booksellers on Federal Use of Patriot Act Powers 2,ongressman Bernie Sanders (I-VT) today announced that he has been joined by the House Judiciary Committee top Democrat John 3onyers Jr. (D-MI) and two House Republicans in sending a letter to House Judiciary Committee Chair James Sensenbrenner. In the ·etter the tdpattisan group requests that he hold headngs on the H.R. 1157, the Freedom to Read Pmtectlen Act. H.R. 1157 was iintroduced by Sanders to restore legal standards goveming federal surveillance of libraries and bookstores under powers granted by Section 215 of the USA Patdot Act. Sanders said. "Libradans and booksellers across the countp/fear that the Patriot Act is causing a chilling effect on their patrons. It is mperative if we are really going to effectively oversee the federal government 's use of its new Paffiot Act powers to hear from the ,~libradans and booksellers who are on the front lines. I believe that there is widespread public interest in such hearings, and that these alternative sources might provide the Committee a different picture than the official line from the Department of Justice. ,,Sanders leg~slahon, which ~s cosponsored by 107 b]parhsan members of Congress, was the first p~ece of leg~slabon ~ntreduced In the ~ouse of Representatives to amend the USA Patdct Act. The legislation has the support of over 30 organization in the book. library. /,and pubhshmg industry including, the 64.000 member Amencan L~brary Association. the Amencen Booksellers Association. Barnes & ~Noble Booksellers, Borders Group Inc., the Association of Amedcan Publishers. the Amedcan Assocts~ion of University Professors and ,,,,'the Califomle Association of Library Trustees and Commissioners.  Sanders' letter states in part, WVhile we agree that it is extremely important and useful for the Department of Justice to testify before ngress on matters rele ng to the USA Patriot Act. we also believe that other interested parties should be able to express their ,,"views about the impact of Sect on 215 For nstance, while Justice claims only 50 visits to libraries in the last year, a survey by the AJniversity of Illinois revealed that over 175 libraries had been approached by federal officials since the September 11th attacks. This tsuggests that perhaps the Department of Justice is presenting information in a manner designed to obfuscate the extent of their ctivities under the USA Patbot Act." ,"Read the letter to the Judiciary Committee. IFor More Information: ~isit the CLV~ section. ........... ., ..................... .L....~ ................................................................................................................................................................ iPrinted From Congressman Bernie Sanders' (I-VT) Website: California Libraries March 2003 A publication of the California Library Association Vol. 13 No. 2 The USA PATRIOT Act, and What You Can Do I. Overview: Knowledge is Power II. Before the Knock on the In a nutshell, the USA PATRIOT Act is Door: Preparing For Law really scary stuff. But as librarians, we know Enforcement Requests that information is power. We need to Designate the person inform ourselves, our staff, and our stake- responsible for responding holders about what the Act means and how to requests, write a proce- we should respond to it. dure, and finally, train, The USA PATRIOT Act vastly increases train, train library staff, vol- the power of federal agencies to spy on rou- unteers, board members, library tine public activities, primarily by relaxing lawyers, and other key stakeholders. the requirements for subpoenas and court If you want a quick lesson in just how orders, expanding the ability to search and important it is to train all of your staff and seize, and making it easier for federal agents provide a well-written, easily-accessible pro- to gather information and compel the dis- cedure, walk out of your library and walk in closure of sensitive records, again. You may see a wide variety of library The USA PATRIOT Act amends over 100 workers, including reference librarians, sup- sections of 15 statutes. Only some of these port staff, teenage clerks, and volunteers. amendments impact free speech. This is These are the people federal agents will why most free speech activists call for interact with first when they walk into your amending the USA PATRIOT Act--not library. All library workers (and volunteers) repealing it. The window of opportunity for need to be trained on appropriate proce- amending the USA PATRIOT Act legislation dures, particularly how to up-channel will come in 2005 with many of the sunset requests and how to respond to questions. provisions of this Act. It is very important Everyone should be able to recognize a sub- that we as a profession start educating our poena or search warrant, and know how to stakeholders now so our legislators will sup- respond to either document. port us then. III. Guidelines for Library Technology Know your rights. One common mis- conception is that all federal investigative and Privacy In a Scary Age queries are automatically "gagged" under In a nutshell, here's our guidance about library data: assume nothing; make concrete the USA PATRIOT Act (meaning that the librarian may not reveal the existence of the decisions for all data; don't generate what court order to anyone not essential to you don't need; don't keep what you've retrieving the requested data). However, this already put into a report, document your decisions in a procedure; and train every- Contents gag rule only applies to certain court orders issued under the Foreign Intelligence one. Periodically audit your own activities-- Inside CLA ............ 2 Surveillance Act (FLSA), not to questions, use outside assistance, if at all possible. subpoenas, or similar activities. As librarians, we often feel the need to Library Legislative Furthermore, even under a gag order, a retain information "just in case;" but the Day ............... 3-5 library continues to have rights to legal USA PATRIOT Act and other legislation LibraryLaw.com ........ 6 Around California .... 7-8 representation, have put this practice in a new and forbid- Finally, the USA PATRIOT Act affects ding light. While computers often need to People ............... 9 everyone--but because libraries are fre- gather information grain by grain, you fte- A Day in the Life ...... 12 quently targeted by federal agencies, the Act quently have the option to either choose CommitteeEdit°rial ............. Members particularly affects the users who rely on us not to gather the information in the first Wanted ............ 15 for their information needs. (continued on page 10) Master Calendar ..... 16 The USA PATRIOT Act, and What You Can Do (continued ~om page 1) place, to sample instead of continuously can be useful in the short term for identify- gathering data, or to quickly aggregate data lng patrons who violate library rules con- into broad reports and destroy the highly cerning computer use. However, these log detailed data files that can compromise files should be cleared on a regular basis. patron privacy if they get in the wrong 6. Firewalls have logs that show net- hands, work traffic and intrusion alerts. There is Below are some guidelines for evaluat- software available for most firewall systems lng how "privacy friendly" your library that will routinely consolidate raw data into technology is. Talk these over with your useful (and more privacy-friendly) figgregate "techies' and other staff. Be careful not to reports. assume--always ask. Highly technical staff 7. Proxy servers almost always have log may not understand why you want log files files that are highly detailed histories of routinely destroyed; other staff may think patron Internet behavior. The primary put- that saving computer sign-up sheets would pose of these log files is to improve Internet be good information for other purposes; performance by caching frequently-accessed computer staff who have picked up their information. technical skills through serendipity may not 8. Mail servers create enormous be aware that library hardware is often by amounts of history about staff communica- default enabled to gather information, tions. At the very least, caution staff that all e-mail traffic belongs to the library and by 1. Computer use sign-up sheets. How inference could be subpoenaed or seized in much information are you gathering and a search. why? If you currently collect name and 9. Programs that allow authentication library card barcode number, could you sim- of remote patrons to licensed databases plify by collecting just the name? Routinely should not pass patron information to the shred sign-up sheets---daily if possible, vendor. Make sure either you are passing a 2. Patron computers. Clear information generic login and password, or using a refer- with every new user. Files to clear include: (a) Internet temporary files; Co) lnternet ring URL to validate patrons. 10. Your library automation software is cache files; (c) Intemet History files; (d) the rich with patron behavior. Things for your cookies file; (e) any certificates; and (f) temp checklist: files. Depending on your set-up and what programs you allow patrons to run, you (a) Does your system retain information that a patron just returned a book? How may have other files that are saved, long is this information retained? (b) Consider using hard drive protection Overdue items: are these cleared after the devices such as Centurion Guard Or Deep book is returned? (c) Patron searches: if you Freeze that erase patron data on reboot, and save any of these data, routinely aggregate establishing a procedure where computers and destroy the detailed files. (d) Some sys- are rebooted with every new user or on terns have records that allo-~ patrons to some other frequent interval, save searches and execute them again later. 3. Web servers. Many Web servers have These could be used to compromise patron log files enabled by default (these files security. Patrons should have the ability to often, but not always, end in the .log file remove search records and should be made extension). Log files for Web servers can be aware that search strategies are being saved. very useful for seeing how your Web site is 11. Interlibrary loan. How much infor- used; but log files are also rich with infor- mation do you retain? And why? marion that can be traced back to the com- 12. Think up-stream. ISPs and database puter user. There are many programs vendors collect information about your (including some fteeware) that will read patrons and should be able to provide you these log files and put them into a useful with a privacy policy. Although you may form. Use one of these programs monthly, not be able to change the vendor's policies, and discard the log files, you can inform your staff and patrons of 4. Routers may also keep log files. In privacy issues if they exist, and you can use some routers, these files can be limited in this information the next time you negoti- size so that older information drops off. If ate a competitive purchase. not, clear the logs on a regular basis. Router logs can be useful in the short term for Because every system is different and saves patron information in different ways, tracking network traffic and intrusions, but the above list cannot be exhaustive. their long-term utility is limited. Technology changes too fast for it to be any 5. Computer time management soft- ware such as Cybraryn have log files. These (continued on page 13) California Libraries · March 2003 20 Spending a Day With .... (continued from page 12) volunteering for a while in an area in Will your library be affected by the which you have interest. This can lead to a State's projected budgetary shortfall? real job-- it worked for me. I think it is a Newspapers are dependent on advertis- mistake to wait for the perfect job. lng. Advertising is in a slump and this affects everything we do. We are in a cut- What do you like best/least about your back mode and have a partial hiring freeze. job? As manager, the best part is designing How have your library's policies or proce- the services we provide, planning for new dures changed since September 11, 20017 efforts. This is where your creative side There have been minor changes. comes to play. But when you're a manager, Building security has increased. I think we your work is never done. Projects seem to have more emphasis on international news. go on and on. I env~ the researchers, We simply can't be isolationists in this because generally they have a clean slate world of ours. every day. Richard Geiger was interviewed by Susan Small, Public Services and Instraction Librarian, John F. Kennedy University The OSA PATRIOT Act, and What You Can Do (continued from page 10) other way. However, if we keep thinking including the ALA site, several key articles about where information could be that is by California's own librarian-lawyer Mary tied to the identity of our patrons, we can Minow, and an indispensable tip sheet pro- keep fighting the good fight, vided by the Colorado Association of Libraries. Find all of these resources through IV. Bless The Wonderful Web! a keyword search in lii.org on "Patriot Act." For mote information on the USA Mairi McFall, Alameda County Library, PATRIOT Act, check-out the American CLA Intellectual Freedom Committee Library Association Web site at and Karen G. Schneider, Librarians http://www, ala.org. In addition, the Index to the Intemet, Chair, CLA Librarians' Index to the Internet http://lii.org Intellectual Freedom Committee has an excellent collection of materials, Letter to the Editor Dear Editor: in librarianship. I echo the comments of 1 was a graduate from the School of those who put together his "In Memorium" Librarianship at UC Berkeley in the post- (California Libraries, January 2003). He was a World War 1I class of 1947. I can well recall most dashing figure, certainly the most co]- the late J. Periam Danton who, like most of orful university dean 1 have ever known. 1, the men--and some of the women--in that for one, am thankful for his presence, and group was a returning veteran. In fact, some the role he played in preparing his gradu- of us wore service uniforms, or parts of the ates for the tasks and roles ahead. I am same, to class for a period of time. Perry pleased to say that 1 believe my classmates Danton was a challenger. If one had an and the others who studied under the dean idea--a unique 9ne in particular--he chal- have fully met the challenges he issued. lenged that person to develop it, using our Harry M. Rowe, J~: imaginations. 1 recall that as a class project, President, Cal!fomia Library Association, I came up with a machine that I thought 1966 would revolutionize both the borrowing and return of materials at a loan desk Your editor welcomes all letters in response to items published in California Li.braries. through a photo process. I guess it was both Please send your letters to Cindy Mediavilla at practical and possible in Perry's mind, as I cmediavi@ucla.edu. received an A! Dean Danton continued to be a friend and supporter during my career California Libraries · March 2003