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Public Records Requests Policy and Request Form

Confidentiality & Public Records Policy 

 A. Any person may inspect and copy the public records of the Library in accordance with IC 5-14-3 between 9:00 a.m. and 5:00 p.m. Monday through Friday. The request must be submitted on a Public Records Request Form located at the Circulation Desk. The Library Director will acknowledge the request within seven (7) days and respond in an appropriate and reasonable amount of time.

B. The following public records are excepted from public disclosures, unless access to the records is specifically required by state or federal statute or is ordered by a court. The Director will be the only one allowed to disclose any excepted public records with the appropriate documents:

1. Personnel files of Library employees and files of applicants for public employment,

except for:    

a. the name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the Library;

b. information relating to the status of any formal charges against the employee; and

c. the factual basis for a disciplinary action in which final action has been taken and that resulted in the employee being suspended, demoted or discharged. However, all personnel file information shall be made available to the affected employee or the employee’s representative. This subdivision does not apply to disclosure of personnel information generally on all employees or for groups of employees without the request being particularized by employee name. [IC 5-14-3-4(b)(8)]

2. Administrative or technical information that would jeopardize a record keeping or security system. [IC 5-14-3-4(b)(10)]

3. Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it and portions of electronic maps entrusted to a public agency by a utility. [IC 5-14-3-4(b)(11)]

4. Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1. However, this subdivision does not apply to that information required to be available for inspection and copying under subdivision (8). [IC 5-14-3-4(b)(12)]

5. The identity of a donor of a gift made to a public agency if:

            a. the donor requires nondisclosure of the donor’s identity as a condition of making the gift; or

            b. after the gift is made, the donor or a member of the donor’s family requests nondisclosure. [IC 5-14-3-4(b)(15)

 

 

6. Library or archival records:

            a. which can be used to identify any library patron; or

            b. deposited with or acquired by a library upon a condition that the records be disclosed only to:

i: qualified researchers;

                        ii. after the passing of a period of years that is specified in the documents under which the deposit or acquisition is made; or

                        iii. after the death of persons specified at the time of the acquisition or deposit However, nothing in this subdivision shall limit or affect contracts entered into by the Indiana state library pursuant to IC 4-1-6-8. [IC 5-14-3-4(b)(16)]

7. A record or a part of a record, the public disclosure of which would have a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack. [IC 5-14-3-4(b)(19)]

C. Names and addresses of employees (including electronic mail account addresses) may not be disclosed by the public agency to any individual or entity for political purposes and may not be used by any individual or entity for political purposes. In addition, names and address (including electronic mail account addresses) may not be disclosed by the public agency to commercial entities for commercial purposes and may not be used by commercial entities for commercial purposes. [IC 5-14-3-3(f)]

D. Compliance of Applicable Laws and Library Policy

1. To the extent permitted by law, the library will do its utmost to uphold the privacy and confidentiality of patrons’ free access to information. The library will rely on existing laws and library policies to control behavior that involves public safety or criminal behavior.

2. Access denied to patron information may include but not limited to:

 Database search records      Circulation records          Computer use records

 Interlibrary loan records         Reference Interviews      E-mail

 Any other records or information of any kind maintained by the library about a patron.

3. The Director and Library Board of Trustees will comply with law enforcement when supplied with a legal subpoena or warrant.

Adopted:  April 17, 2017

Must respond to online requests (email/website) within 7 days and provide estimate of time required to produce material

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