Patriot Act Procedures

Request for Patron Information

 Do Not disclose library records with personally identifying details to anyone other than the customer identified in the records, except to staff as necessary to perform library tasks.  It is NYS law.  Refer any request to Library Director.

 Procedures for when law enforcement officer visit:

Staff should immediately notify the highest ranking authorized person in the building.  If the Director is not in the building, the following staff members are responsible for working with the government investigator in accordance with stated procedures and only if the higher ranking staff person is not available:  Director, senior library clerks, supervising library clerks.

 

Ask to see identification of the agent(s) and write down the name and badge number.    In the event that those claiming to be FBI or other agents refuse to show identification, contact the local police (911) immediately and ask for officers to come to the library to work with the agents.

 In order to search library premises for information about patrons or library staff members, law enforcement officials should present search warrants, court orders, or national security letters authorizing this activity.  Staff members in charge should always ask for such documents BEFORE searches begin.  If there are no papers presented and no emergency situation exits DO NO DISCLOSE any information until such documents are available.  If they present a subpoena, direct either the person or the paper to your supervisor, who in turn will direct it immediately to legal counsel (Town of Livonia attorney) for examination. If they present a warrant, do not interfere with their search or seizure, and call your supervisor or some other office as soon as possible.  Highest ranking staff member should ask if they can wait for arrival of legal counsel and conduct a dialog with them to find out what they really need and be helpful in obtaining the information without taking more than they need.  Also notify executive director of Pioneer Library System as they are responsible for server.

 Investigation officers may declare a search as an emergency situation with immediate danger if their efforts are delayed.  These circumstances may prevent immediate production of appropriate valid search warrants or other documents for examination.  Staff members should ask that the documents be provided within 24 hours and carefully note the names of agents and the reasons given by them for conducting the search before presenting court documents.

 A report must be filed whenever official investigations are undertaken on library premises.

The following types of situations might be involved in an investigation.

Only current and one previous user record is kept                                            

 Request to see patron registrations.

 Only overdue and current items

should be available via SIRSI.  Back borrower records are expunged.  Only PLS has

access to back records.

 Avoid giving names or specific information unless asked and court order is presented or emergency situation is insisted upon by agent.

 Make sure that all staff who may have been on duty in the places and times have a chance to see the photos.

 The Library, as an organization, is responsible for the actions of staff members in the discharge of their duties and as a corporate body should be charged with the maintaining of any confidences relative to investigations undertaken on library premises.

 Library legal counsel may need to be contacted before initiating action.  However, if it is believed that injury to patrons or staff might be imminent, contact 911 immediately.

 Approved by Board of Trustees:  Nov. 10, 2003

Approved March 9, 2009

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