NDLA Conference

I attended two good sessions and one mediocre one at the North Dakota Library Association annual conference yesterday.

Rather than exhaust my readers with a bunch of notes, you can catch them after the jump.

Particularly well prepared was Deborah Caldwell-Stone the director of the ALA Intellectual Freedom office. Her presentation provided some great example policies and legal documents and afterword there was a good talk about the Library Connection case and some of its implications.

Also interesting and with a good handout with some good links was Street Law Reference about providing reference assistance at a public library (hint if you don’t want to read the notes: call a lawyer). Suzanne Morrison is an engaging and knowledgeable speaker.

The luncheon included an interesting talk by Lief Enger about a sense of place.

I will not talk too much about “Geeks Bearing Gifts” other than if the speaker had a balanced, library relevant approach, I would have enjoyed it more. If I wanted to hear about how great Linux is and how much Microsoft sucks I’ll read Slashdot. If I want to hear how to apply some ideas to my library, I’ll go to a good conference presentation. I did, however, put links to the materials he used at the bottom of the other conference notes.

Here’s to a great 100 more conferences for the NDLA.

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Responding to Intellectual Freedom Challenges at your Library- NDLA- 9/21/20

  • Policy and Procedure
  • Assumptions
    • resist efforts to censor
    • protect patron privacy
  • 1st Tool – up to date, board approved policy for selection of materials
    • neutral about viewpoint and content
    • applied so as not to discriminate against one viewpoint
    • a statement that says the library will acquire controversial materials
    • thorough, outlining free materials, donations, and recommendations
    • weeding policy
  • 2nd Tool- a reconsideration policy
    • A formal written complaint, as if complainant has read the book, ask if they found any positive aspects, what problems did they have
    • a review committee, selected by procedure, examine all the views, experts, etc
    • notify challenger, give opportunity to appeal
    • Purpose of a reconsideration policy is facilitate a dialog
  • important to follow policy constantly
  • see cheat sheet for responding to complaints
  • always report challenges to Office of Intellectual Freedom
  • Law Enforcement Requests for Records
    • protected by library confidentiality laws
    • ND requires a subpoena or court order (warrant)
    • well thought out, written policies
  • A Good Privacy Policy
    • serve as evidence as libraries intent and practice
    • reinforce library users expectations
    • serve as an additional means of extending privacy
  • 3 part policy
    • basic statement
    • records management
    • procedure
  • Model Policy
    • identify official or employee responsible for responding to requests for records, delegate the authority
      • ensures that only 1 person has the legal duty to interpret or respond to requests
    • identify circumstances under which the library will release records
    • # more stuff
      • promise to library user
      • explanation to law enforcements
    • procedures for employees or volunteers to respond
      • makes director and board responsible for instructing staff members on how to deal with responsibilities
  • Model Staff Guidelines- road map for responses
    • warrantless search
    • standard requests of different forms of judicial process
    • emergency responses (director is unavailable, warrantless search)
    • provide example legal documents
      • informal request
        • given information about policy an state law
        • information about what the library should do if officer persists
        • what to do if officer searches anyway (document)
      • subpoena
        • thanked, informed that attorney will be responsible
        • turn over subpoena to director
      • warrant
        • immediately executable
        • call attorney
        • check warrant
          • list of items
          • court issue
          • judges signature
        • assist officer to protect confidentiality of other users
        • do not agree to further searches
        • do not volunteer information
        • do not obstruct search
        • document search
        • try to get a receipt (try to get copies or send the copies with officer if policy)
        • negotiate with officer to assist them
      • FISA or National Security Letter
        • only difference with subpoena or warrant is gag order
    • every employee must be trained to respond
  • 3rd P- *preparation*
  • National Security Letter
    • identify who is responsible so that the gag order applies to those responsible (director, board must know)
    • all people legally responsible must be informed
    • require a policy for retention of records so that you cannot be prosecuted for obstructing
    • written agreements with consortium (Library Connection, CT case), consortium controls records

Legal Reference on the Web (Street Law)- NDLA- 9/21/20

    cannot give legal advice

    Resources

    • state web site
    • century code
    • general books (NoLo, not state specific)
    • sex offenders database (city/cass county website)
    • BBB in Minnesota
    • Fraud Prevention at ND Attorney General
    • originating agencies
    • state and local associations
    • law libraries
    • legal assistance
    • specialty lists of attorneys

    Other Situations

    • driving record online
    • divorce and child custody
    • people want to bypass a lawyer
    • living wills
    • eminent domain
    • neighbor
    • tenant rights

    Some Advice

    • diffuse situation
    • give them general information on the legal situation and information on attorneys
    • legal directory

    Considerations for Resources

    • printing
    • site maps
    • check more than one site
    • multiple languages
    • list of contacts

    Geeks Bearing Gifts: Unwrapping New Technology Trends- NDLA- 9/21/20


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