HomeMy WebLinkAboutLibrary Board - Minutes - 06/12/2003A regular meeting of the Library Board was held on May 8, 2003 in the Ben Delatour Room of
the Main Library at 201 Peterson Street. The following Library Board members were present:
Bob Burns, Rudy Maes, Donald Oehlerts, Melissa Pattison, and Mary Robertson.
Library Board Members Absent:
City Staff Members Present:
Friends of the Library Liaison:
Ralph Olson and Joan Scheuerman
Brenda Cams and Marjorie Teklits
Absent
The meeting was called to order at 6:00 p.m. by the Chairperson Mary Robertson. Don Oehlerts
moved to approve the minutes of the May 8, 2003 meeting; Melissa Pattison and Rudy Maes
seconded the motion, and it was unanimously approved.
Correspondence:
Copies of the March 3 memo from the Boards and Commissions Coordinator regarding the
Periodic Review Questionnaire were enclosed with the packets, and Brenda reminded everyone
that the Chair and Vice Chair are requested to attend the July 22"d Council study session. Copies
of the Six Month Agenda Planning Calendar were included in folders, and Brenda brought to
everyone's attention that County Funding for Library Services is included as an unscheduled
study session item. She said information is being gathered for the City Manager about the
provisions of a new Colorado law regarding funding for libraries which remain the City's legal
responsibility.
Reports/Presentations:
a. Director - Brenda Cams
Service areas were asked to submit prioritized lists of potential 5% budget cuts for the
2004/2005 budget cycle. The CLRS Director tried to minimize the impact to the library
as he felt there was not much more to cut. The vacant Administration Clerk position at
Harmony Library and the hourly Bilingual Youth program were included in the list to
cut. In the meantime, the Bilingual Library Assistant resigned and this position is now
frozen. Among job responsibilities, the person in this position conducts Spanish
language computer classes, talks to community members in Spanish-speaking
neighborhoods, works with the City's Human Rights office, as well as diverse community
groups. Efforts will be made to seek approval to hire a replacement. There is
preliminary approval to post the Technology Coordinator position, and it is hopeful to
have someone on board in six weeks. There is also a clerical vacancy that is frozen at
Harmony Library.
Brenda reminded everyone of upcoming activities, including the Annie Walk & Pet Fest
on August 23 and the Library's 100`h Anniversary Party and volunteer recognition on
August 24`h from 1 to 5 p.m. She said she hopes they can set aside time to attend these
events.
Library Trust
As there was not anything specific to report at tonight's meeting, Library Trust President
Wayne Givens will give his next report in September. Mary said the Trust is continuing
to move forward with their fundraising plans and is discussing possible events to excite
the community about the library. Brenda said Susan Stuessie is planing a fundraising
dinner in the fall, and fundraisers in Denver are helping with logistics. Tickets could cost
$100/plate and perhaps could be multi -layered to allow participation by all members of
the community who would like to support the library.
C. Friends of the Library
Although the Friends' liaison was not able to attend tonight's meeting, copies of a flier
about their mid -summer used book sale July 18-20 were included in folders. Brenda
added that the Friends are looking for people who might be interested in serving on their
Board.
d. Centennial Celebration - Melissa Pattison
Melissa is planning to contact the Programming Team for an update on the Centennial
Celebration plans and will report updates at a future meeting.
e. Emerging Trends - Bob Burns
Bob asked members to make sure they have copies of his March report on 'Review of
Trends as Found in the Literature and as reported by the ALA Washington Office" and
the list of pertinent email addresses he provided.
Bob's report follows:
Tonight's report focused primarily on privacy issues as they relate to the Fort Collins Public
Library, especially computer privacy. SOURCES: American Libraries, the Wall Street Journal
and Denver Post newspapers, email communications from the American Library Association
(ALA) Washington Office, and privacy tutorials from ALA.
REPORT: Data collection, whether authorized or not, by all types of local, private and public
agencies is increasing. Meanwhile, notices of published privacy policies from many
organizations, including banks, credit card issuers, businesses, and doctors, are being sent to
customers.
Bob and Joan have viewed the December 2002 video "Safeguarding Our Patron's Privacy: What
Every Librarian Needs to Know About the U.S.A. Patriot Act and Related Anti -Terrorism
Measures." Some of the issues presented in this video of an ALA sponsored teleconference
include: the difference between a warrant and a subpoena and what libraries should do when
presented with either; the use of trap and trace phone numbers by law enforcement officers; the
Foreign Intelligence Surveillance Act or FISA; and the fact that an order from the FISA court
comes with a gag order requiring the recipient not to reveal information about an inquiry. Bob
and Joan recommend that members of the FCPL Board view this video at a time and place to be
designated by the Chair.
Legislation for which ALA has filed "Friend of the Court" briefs includes the "Library and
Booksellers Protection Act (May 23, 2003) which ensures that libraries and bookstores are
subjected only to the regular system of court -ordered warrants. It is similar to H.R. 1157, the
"Freedom to Read Protection Act" and would exempt libraries from FISA (Section 215) of the
U.S.A. Patriot Act and from the so-called "National Security Letters," a legal tool used by law
enforcement officials to obtain records without going to any judge. This legislation has been
referred to the Senate Judiciary Committee.
The Freedom to Read Foundation has joined other groups in suing the U.S. Department of
Justice to obtain information about how the government has used its expanded surveillance
powers granted by the USA Patriot Act. They are seeking information about how many times
the government has sought records from libraries, bookstores and Internet providers and how its
new powers have been used to conduct various types of searches and surveillance. The outcome
is still pending.
The following information was extracted from the ALA privacy tutorials sponsored by the ALA
Office of Information Technology Policy in Washington, D.C. and prepared by Leslie Harris &
Associates Law Offices in Chicago. The following quotes were taken from selected tutorials as
follows:
"the laws protecting national security interests and authorizing state and federal criminal
investigations supersede a librarian's ethical obligation to protect patron privacy rights and state
library confidentiality laws. Consequently, librarians should understand what specific
circumstances give rise to a legal obligation to disclose patron records to law enforcement agents
and what to do in those situations. ...In general, libraries are only obligated to disclose patron
records to law enforcement agents if directed by a court order... (which) may be in the form of a
subpoena, which commands the production of specified evidence in a person's possession within
a stated period of time, or a search warrant, which authorizes law enforcement officers to
conduct a search of a place and seize evidence. Library counsel should examine all subpoenas
for any legal defect... Unlike a subpoena, a search warrant is executable immediately, and a law
enforcement agent may begin a search of library records or facilities as soon as the library
director or officer is served with the court order..." (ALA Privacy Tutorial #12.)
"...Most states, either explicitly or implicitly, recognize to some degree a 'right to privacy.' At
least 48 states and the District of Columbia have laws specifically recognizing and protecting the
confidentiality of library records... specific protections vary widely... Consequently, libraries
must review the law in their states to complete the picture of privacy protection and obligations
for their particular institutions... Despite the protection afforded library records under the
various state laws, state criminal laws often override the confidentiality of patron records...
Therefore, librarians should be well versed in the implications of collecting and storing
information about patrons relative to the law enforcement process..." (ALA Tutorial #11.)
"Perhaps one of the most important roles that librarians play in protecting privacy online is an
educational one. Library staff training is critical to the success of this role... Libraries should
consider a multi -pronged approach to educating users about privacy. Visual displays... such as
posters or bookmarks, can be effective as can... the library homepage or pop-up 'Privacy Tip of
the Day'... librarians must now work closely with the library technology support staff and
technology vendors... Librarians must act to... ensure that the library's software, computer
systems, records, and Internet communications... protect patron privacy..." (ALA Privacy
Tutorial #15.)
SUMMARY: These tutorials go on to discuss: personally identifiable information (PII) (ALA
Privacy Tutorial #17); tools used for collecting online data from web sites about visitors (ALA
Privacy Tutorial #18); managing cookies to protect patron privacy (#20); privacy enhancing tools
(#21); and the implications of online data collection for librarians (#19). Copies of these
tutorials are available and can be shared with Board members.
The Library Director was asked to share with the Board what kinds of patron data the library
collects, and what policies and procedures are in place for dealing with subpoenas or warrants
demanding patron information.
The Director replied that as little personal information as possible is collected in terms of
customer identity (name, address, phone number and date of birth) and what they have currently
checked out. Social Security numbers are not part of customer data bases in the library. She also
added that circulation records are purged on a regular basis and as soon as a customer returns
borrowed materials all information such about materials is deleted from their accounts with the
exception of items claimed to have been returned but which the library has been unable to find.
She also noted that customers can only check out an item being held for another customer with
that person's card, and the only time user information is released to parents concerning what their
children have checked out is in the case of overdue or lost items since parents are responsible for
what their children use from the library.
The Director added that the library's Policy Manual contains information about Colorado Library
Law, privacy of user records, and that staff is trained in the law and procedures the library has in
place. She shared copies of the guidelines provided to staff as well as appendices referring to
ALA recommendations regarding Access to Electronic Information, Services and Networks and
the Library Bill of Rights.
She went on to say that the library does not share customer addresses with anyone and inactive
records are purged every year. Since library information is considered to be owned by the City,
if anyone tries to access customer information, staff has been told to refer them to the City
Attorney's office.
The Chair acknowledged that it appears all necessary privacy policies are in place and that the
staff has given them much thought.
Respectfully Submitted,
Robert Burns, Chair CCTPL
OLD BUSINESS
Periodic Review Questionnaire - Mary Robertson
Bob Bums moved to approve the draft response to the Periodic Review Questionnaire;
Rudy Maes seconded the motion, and it was unanimously approved.
The meeting was adjourned at 7:15 p.m.
Respectfully submitted,
Marjorie Teklits
Administrative Secretary