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Section 5: Use of Materials

Section 5.1:  Patron Registration Section 5.2:  Library Records Confidentiality Policy
Section 5.3:  Circulation of Materials Section 5.4:  Fees for Services
Section 5.5:  Fines and Recovery of Overdue Materials Section 5.6:  Reciprocal Borrowing Privileges
Section 5.7:  Interlibrary Loan Section 5.8:  Protection of Copyright

Section 5.1:  Patron Registration

The MAPLD is primarily supported by property taxes paid by residents of the MAPLD.  Library cards are provided at no cost to District residents upon presentation of proof of residency.  Individuals residing beyond the jurisdictional boundaries of the MAPLD, and not residing within the boundaries of another public library, and owning no taxable property within the jurisdictional boundaries of MAPLD, may purchase a non-resident fee card using the Tax Bill Method. Additionally, anyone owning real property within the Village may obtain a Library card at no charge upon presentation of a tax bill. Owners of commercial property are entitled to one card per business. Resident cards are valid for three years; while nonresident Library cards are valid for one year.

The Library has a responsibility to protect the taxpayers’ investment in the Library’s collection of materials.  Therefore, two computer-generated forms of identification (one being a photo ID) and verification of residence are required to obtain a Library card.  Acceptable identification includes a current driver’s license, State ID, utility bill, property tax bill, mortgage documents, voter’s registration card, or a postmarked bill less than one month old.  A parent or legal guardian must assume responsibility for materials borrowed by a person under eighteen years of age.  Therefore, it is the adult’s identification that is required for registration of a minor.

State and federal rules and laws pertaining to confidentiality of records and privacy protect information provided on the registration form.  Information about use of Library materials and services will be disclosed only as provided by applicable law.

Approved on: January 14, 2013
Revised on: December 9, 2013

 

Section 5.2:  Library Records Confidentiality Policy

It is the policy of the Matteson Area Public Library District in accordance with the Illinois Library Records Confidentiality Act (75 ILCS 70/1, et seq.) that all registration and circulation records of library patrons as well as other records identifying the names of library users are confidential.  This policy is adopted to protect the right to privacy of each patron and user.  A copy of the Act is attached hereto as Exhibit A.

The Library will only make the foregoing library records available to an agency of federal, state or local government if:

1)        a subpoena, warrant, court order or other investigatory document is issued by a court of competent jurisdiction that shows good cause and is in proper form; or

2)        (a)  if a sworn law enforcement officer states there is probable cause to believe there is imminent danger that someone will be physically harmed and that it is impractical to secure a court order as a result of an emergency;

(b)  the sworn officer making such a claim completes and signs a form (attached hereto as Exhibit B) acknowledging declaration of said emergency and acknowledging receipt of the information requested from the Library; and

(c)  the information released under signature of a sworn law enforcement officer will be limited to identifying a suspect, witness, or victim of a crime and will not include disclosure of registration or circulation records that indicate materials borrowed, resources reviewed or services used at the Library.

In the event that a request or demand for registration, circulation or other records is made to the Library, the request or demand and/or the person so requesting or demanding will be immediately referred to the Library Director or Manager-on-duty (M-O-D).

The Library Director or M-O-D in charge will consult with the Library’s legal counsel to ensure compliance with the Library Records Confidentiality Act and determine the proper response.

It must be further noted that Section 21.5 of the U.S.A. PATRIOT ACT provides federal law enforcement officers with the ability to obtain a search warrant to gain access to certain library records on the basis that the officer believes that the records sought may be related to an ongoing investigation related to terrorism or intelligence activities.

The U.S.A. PATRIOT ACT prohibits libraries or librarians served with a search warrant under FISA (Foreign Intelligence Source Act) rules from disclosing the existence of the warrant or the fact that records were produced as a result of the warrant, under penalty of law.  In other words, a patron cannot be informed that his/her records were given to a federal agent or that the patron is the subject of any federal investigation.

The Matteson Area Public Library District only retains records that are essential to conducting its business, and those records are only retained as long as necessary to complete that business.  The MAPLD does not maintain historical records of completed transactions.

The MAPLD may give current information regarding materials borrowed or overdue to the borrower when requested by said individual in person.

The MAPLD may also give current information regarding materials borrowed, overdue to the parent or legal guardian of a minor child age 17 or under.  Overdue notices regarding material borrowed by a minor child age 17 or under will be mailed to the parent or legal guardian’s address.

Approved on: December 9, 2013

 

Library Records Confidentiality Act

(75 ILCS 70/1, et seq.)

Sec. 1.

(a)  The registration and circulation records of a library are confidential information.  No person shall publish or make any information contained in such records available to the public unless:

(1)       required to do so under a court order; or

(2)       the information is requested by a sworn law enforcement officer who represents that it is impractical to secure a court order as a result of an emergency where the law enforcement officer has probable cause to believe that there is an imminent danger of physical harm.  The information requested must be limited to identifying a suspect, witness, or victim of a crime.  The information requested without a court order may not include the disclosure of registration or circulation records that would indicate materials borrowed, resources reviewed, or services used at the library.  If requested to do so by the library, the requesting law enforcement officer must sign a form acknowledging the receipt of the information.  A library providing the information may seek subsequent judicial review to assess compliance with this Section.

This subsection shall not alter any right to challenge the use or dissemination of patron information that is otherwise permitted by law.

(b)  This Section does not prevent a library from publishing or making available to the public reasonable statistical reports regarding library registration and book circulation where those reports are presented so that no individual is identified therein.

(b-5)  Nothing in this Section shall be construed as a privacy violation or a breach of confidentiality if a library provides information to a law enforcement officer under item (2) of subsection (a).

(c)  For the purpose of this Section, (i) “library” means any public library or library of an educational, historical or eleemosynary institution, organization or society; (ii) “registration records” includes any information a library requires a person to provide in order for that person to become eligible to borrow books and other materials and (iii) “circulation records” includes all information identifying the individual borrowing particular books or materials.

(Source: P.A. 95 40, eff. 1.1.08)

 

Exhibit A

Officer’s Request for Confidential Library Information Form Here

 

Section 5.3:  Circulation of Materials

The MAPLD has established policies that facilitate the borrowing of Library materials for use outside of the Library building.  Patrons must present a valid library card in order to remove Library materials from the building.  The person presenting a valid library card is assumed to have the authority to use that card unless it has been reported lost or stolen.

Library materials will be loaned to anyone holding a valid Library card for the loan period established by MAPLD.  Materials that are not returned by the due date will be subject to fines as established by the schedule approved by MAPLD.

Borrowing privileges will be revoked by the Library Director or his or her designee if this circulation policy is abused.  Abuse of this policy includes failure to return materials on time, failure to pay fines that exceed the threshold established by MAPLD, or damaging materials.  Disputed claims, such as materials that are claimed to have been returned but have not been cleared from the patron record or items that a patron claims not to have borrowed, will be removed from the patron’s borrowing record only once during the patron’s lifetime.  Fines and records of overdue materials are maintained indefinitely and are subject to the Library’s policy on “Fees and Recovery of Overdue Materials.”

Revised on: January 14, 2013
Revised on: December 9, 2013

 

Section 5.4:  Fees for Services

The MAPLD’s mission is to provide free and open access to information in varied formats.  This mission, however, is subject to monetary and budgetary limitations.  Thus, the MAPLD has determined that some services will be provided on a cost-recovery basis, where the cost of the service will be passed on to the user.  Fees will be established and charged when the service clearly benefits an individual user, prevents reuse of materials, or requires extraordinary staff time to provide, including, but not limited to computer printouts, meeting room use, and proctoring exams.

Fees may also be established for services that are not within the scope of the Library’s mission or enhance an existing free service, such as postage/transportation expenses connected with reserved and interlibrary loan materials.  Fees will be annually reviewed and established and a schedule of fees will be posted on the Library’s website and at the Customer Service Desk.

Revised on: January 14, 2013
Revised on: December 9, 2013

 

Section 5.5:  Fines and Recovery of Overdue Materials

Library materials are acquired for use by all residents of the Library District.  The MAPLD establishes regulations for the loan of Library materials, including circulation periods, renewal processes, and fines for late return, non-return or damage.  Individuals who choose to keep materials past the due date, or who refuse to settle unpaid fines or fees, compromise their right to privacy to the extent permitted by applicable law. Accordingly, the Library will attempt to recover overdue materials and will notify patrons of unpaid fines and fees in accordance with both procedures established and applicable law.  Thus, information regarding overdue and non-returned materials and past-due fines and fees may be disclosed by the MAPLD to third-party collection agencies when that agency has entered into an agreement with the MAPLD to recover materials or to collect fees and fines.  The Library will also provide sufficient information to allow individuals other than the library card holder to settle unpaid fines or fees on that card.  However, authors, titles, or subjects of lost or overdue materials will not be disclosed without presentation of the Library card.

Revised on: January 14, 2013
Revised on: December 9, 2013

 

Section 5.6:  Reciprocal Borrowing Privileges

Recognizing that no Library collection can meet all of the informational, recreational, or educational needs of members of its community, the MAPLD enters into agreements with other libraries to expand the range of materials available to our residents.  Reciprocal borrowing privileges may be extended to patrons of any Library that extends privileges to residents of Matteson.  Reciprocal borrowing agreements must be approved by the MAPLD Trustees.

Due to differences in borrower registration procedures and circulation systems, MAPLD library cardholders in good standing may be required to register with the lending Library, but any nonresident fees will be waived.  Privileges will not be extended, or may be limited, to persons who have lost Library privileges in their own home Library due to overdue materials, unpaid fines, or other unresolved problems.  In addition to providing reciprocal borrowing privileges, the MAPLD Trustees may also enter into contracts to provide Library service to residents of communities that do not have Library service.

Revised on: January 14, 2013
Revised on: December 9, 2013

 

Section 5.7:  Interlibrary Loan

Interlibrary loan is the process by which a library requests materials from, or supplies materials to, another library in order to fill patron requests for materials not owned locally. The MAPLD offers interlibrary loan service to its patrons in support of its mission to assist life-long learning for all residents. Through interlibrary loan, patrons can access materials from other libraries that participate in interlibrary loan in Illinois and across the United States.
Interlibrary loan service is available to all patrons who hold a valid library card and whose library accounts are in good standing.
There is no charge to borrow an item from a library within Illinois; however, fees to defray shipping costs are required for each item borrowed or photocopies from an out-of-state library. Photocopies from Illinois libraries may require a fee, depending upon the supplying library’s policy. Fees for interlibrary loan items and photocopies are collected before the request is processed and will be refunded to the patron if the item cannot be obtained. Interlibrary loan requests that violate copyright law or digital license agreements will not be accepted.
The loan period for interlibrary loan items is generally the loan period as established by the MAPLD; however, the MAPLD strictly observes any conditions for the use of borrowed materials that may be imposed by the owning library (e.g., shortened loan period, in-library use, no renewal). Photocopies received may be kept by the requestor.
Items borrowed from within the SWAN consortium generally may be renewed at the Customer Service Desk or the patron may log into their account and request a renewal, but renewals cannot be guaranteed. Renewals of items borrowed from outside of the SWAN consortium are at the discretion of the owning library. Patrons should contact the Adult Services Desk three days in advance of the due date to request a renewal of an item from outside of the SWAN consortium. Interlibrary loan staff will attempt to renew the item and will notify the patron if the item may or may not be renewed.
Fines as established by the MAPLD apply to overdue interlibrary loan items. The patron is responsible for the cost and processing fees for any lost or damaged interlibrary loan items, which are determined by the owning library.

Revised on: January 14, 2013
Revised on: December 9, 2013

 

Section 5.8:  Protection of Copyright

It is the intent of the MAPLD to comply with Title 17 of the United States Code, entitled “Copyrights,” and other federal legislation related to the duplication, retention, and use of copyrighted materials.  A notice of copyright will be prominently placed on photocopier(s) and any other Library equipment that is capable of duplicating or reproducing copyrighted materials.  Library staff will refuse to duplicate any materials if doing so would violate copyright and will inform patrons if materials being borrowed are subject to copyright restrictions, and cannot be duplicated or copied.  Policies and procedures for use of the Library’s meeting room will include provisions related to use of copyright protected materials.

The Library has purchased a public performance license that covers material from specific producers in order to show films in the Library meeting room.  Library staff will follow copyright law in selecting and using materials for public performance at programs.  Organizations using the Library’s meeting room are also covered by the license and must follow copyright laws.

Original or copyright-free art will be used to produce Library publicity items or for creating displays and decorations.

Revised on: January 14, 2013
Revised on: December 9, 2013

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