Philosophy
The mission of the Morrisville Public Library is to facilitate creation, collaboration, education, and exploration in our community by providing access to the world of information and ideas. As required by law, the Library serves all residents in the Morrisville Eaton Central School District without regard to citizenship or immigration status. As required by law, the Library keeps library user records confidential and releases such information to law enforcement agencies only to the degree required after appropriate authentication of credentials, warrants, court orders and/or subpoenas.
To assist users who do not want to be at the Library when law enforcement is present, the Library has several means of egress. To enhance the Library’s ability to maintain confidentiality, “private” areas where only library officials and their invitees may enter are designated with signage.
The Library may also elect to release any library record it determines must be released for the proper operation of the Library.
Introduction
Civil Practice Laws and Rules Section 4509 Library Records, (signed into law June 13, 1988) states, “Library records, which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio-visual materials, films or records, shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute.”
Definitions
Library User Records refer to any information a library collects and maintains about its patrons, including their names, addresses, borrowing habits, and other personally identifiable information, which are subject to privacy and confidentiality protections.
List of the library records that can be requested by this policy are: Records in our software, Workflows, current hold shelf records, current program registration lists, current three (3) months of library card paper applications.
Policy
The Library Manager has been designated as the person responsible for handling law enforcement requests. All library staff and volunteers should understand that it is lawful to refer the agent and officer to the Library Manager (or person acting on behalf of the Manager), and do not need to respond immediately to any request. Staff members should first contact the Library Manager. The Manager will contact the Library’s legal counsel. If the Manager is not available (after waiting 10 minutes for a reply), the staff should contact the Manager’s designee or the Board President, who will call legal counsel. Staff should never contact legal counsel.
During a visit:
It should be noted that all Law Enforcement/Agencies can be present in and observe all public areas. They are allowed to obtain evidence with appropriate permission and/or complete a Freedom of Information (FOIL) request for non-confidential information. Anything other than that, refer to the information below.
Library Staff/Volunteers:
If anyone approaches a staff member or volunteer alleging to be a law enforcement official requesting information, DO NOT DISCLOSE ANY INFORMATION.
Volunteers will direct the person to a staff member. The staff member will ask for professional identification and then immediately refer the agent or officer to the Library Manager. Photocopy the identification, ask them for a business card (or do both).
Library Manager (or designated person on behalf of Manager):
The Manager will meet with the agent with the legal counsel (in person by phone). If legal counsel is unavailable, the Library Board President, an Officer of the Board, Board Trustee or if no one is available a staff member must be in attendance for this meeting.
Ask to see the court order(s) for example, search warrant, subpoena, National Security Letter) authorizing law enforcement.
If the agent or officer does not have a court order compelling the production of Records, the Library Manager or counsel should explain the library’s confidentiality policy and/or the state’s confidentiality law (NYS 4509) and inform the agent or officer that users’ records are not available except when a proper court order in good form has been presented to the Library.
If there is no court order presented the FBI and/or local law enforcement has no authority to compel cooperation with an investigation or require answers to questions (other than the name and address of the person speaking to them.) If the agent or officer makes an appeal to patriotism, the Library Manager will explain that, as good citizens, the library staff will not respond to informal requests for confidential information, in conformity with professional ethics, First Amendment freedoms and state law.
If the agent or officer does present a court order the Library Manager should immediately refer the court order to the Library’s legal counsel for review.
If the court order is in the form of a subpoena:
A subpoena does not require an immediate response. The Library Manager should accept the subpoena, make a copy of it and submit it immediately to legal counsel.
Library counsel will examine the subpoena for any legal defect including the manner in which it was served to the library, the breadth of its request, its form, or an insufficient showing of good cause made to a court. If a defect exists, counsel will advise on the best method to resist the subpoena.
Through legal counsel, the Manager will insist that any defect be cured before records are released and the subpoena is strictly limited to require release of specifically identified records or documents.
The Library’s counsel and Manager will review the information that may be produced in response to the subpoena before releasing the information. They will follow the subpoena strictly and will not provide any information that is not specifically requested in it.
If disclosure is required the Library’s legal counsel will draft a request to the court to enter a protective order keeping the information confidential and limiting its use to the particular case. The document will ask that access be restricted to those persons working directly on the case.
If the court order is in the form of a search warrant:
Search warrants are executable immediately; however, ask to have the Library counsel present before the search begins to allow counsel to examine the warrant and assure that the search conforms to the terms of the warrant. This request may not be granted. At the very least, ask if counsel can have the warrant read to them over the phone or emailed to them.
Should they not delay the search, the Library Manager or responding designee should read the warrant to the best of their ability, in an attempt to ensure that it is valid. If there is a question of validity, contact the local court for assistance.
Gather the records identified in the warrant and present them rather than allowing non-Library personnel to go through the Library’s databases or records.
Anyone who gives out information, should keep an inventory of the records seized, and if possible, makes copies for the agent/officer so as to keep the originals.
If the court order is a search warrant issued under the Foreign Intelligence Surveillance Act (FISA) (USA PATRIOT ACT amendment):
The recommendations for a regular search warrant will still apply, however, a search warrant issued by a FISA court also contains a “gag order.” That means no person or institution served with the warrant can disclose that the warrant has been served or that records have been produced pursuant to the warrant.
The library and its staff must comply with this order. No information can be disclosed to any other party, including the Manager, if not present at the time the warrant is served and the patron whose records are the subject of the search warrant.
The gag order does not change a library’s right to legal representation during the search. The Library can still seek legal advice concerning the warrant and request that the Library’s legal counsel be present during the actual search and execution of the warrant.
If the court order is a National Security Letter:
The procedure is the same as for a search warrant; except that, a gag order applies. The Manager will contact legal counsel. If the Manager is not available, contact the Manager’s designee or the Board President, who will call legal counsel. They may request that the Library’s legal counsel be present during the search and that the search be delayed until counsel examines the court document. If law enforcement chooses to proceed, the Library must comply.
After the Visit/Search:
The Library Manager and legal counsel are to review the court documents (subpoena, search warrant, etc.) to ensure that the Library complies with any remaining requirements, including restrictions on sharing information with others. The Manager is responsible for communicating with the public and the media.
In the event library user records are taken or an agency remains in the library in a manner that violates the law or this policy, the Morrisville Public Library shall take action to address the violation.
The Morrisville Public Library recognizes that it is only through continued public confidence that these guidelines are being upheld that the public can maintain its trust in the library.
Adopted on: May 20, 2025
