LEXINGTON PUBLIC LIBRARY
LEXINGTON PUBLIC LIBRARY POLICY
SEPTEMBER 2019
TABLE OF CONTENTS
Library Services…………………………………………………….……...Page 1
Confidentiality of Library Records……………………………………..…Page 5
Financial Policy…………………………………………………….…....…Page 7
Collection Development Policy……………………………………..….....Page 8
Fees for Service……………………………………………………….....Page 13
Computer Policy…………………………………………………………..Page 14
Internet Use Policy…………………………………………………….....Page 16
Patron Concerns……………………………………………………….....Page 19
Cooperation with Other Libraries……………………………………..…Page 20
Interagency Cooperation……………………………………………..…..Page 21
Exhibits and Displays…………………………………………………..…Page 22
Distribution of Free Materials/Community Information………………...Page 23
Meeting Room Policy…………………………………………………….. Page 24
Personnel………………………………………………………………..….Page 27
Marketing/Public Relations and Advocacy………………………….…. Page 28
Patron Behavior………………………………………………………….…Page 30
Emergencies in the Library………………………………………………..Page 32
Library Board Meetings-Public Participation…….………………….…..Page 37
Intellectual Freedom……………………………………………….……....Page 38
Review Procedure……………………………………………………….…Page 38
Appendices A – L………………………………………………………..…Page 39
LEXINGTON PUBLIC LIBRARY POLICY
1994
Adopted December 1994; amended September 1995; amended April 1996; amended July 1996; amended August 2000, amended November 2006, amended October 2007, amended 2009, amended October 2010, amended September 2012, October 2012, May 2013, amended September 2015, September 2019.
Mission Statement
Lexington Public Library exists to support a diverse community and to promote culture, the pursuit of lifelong learning and the enjoyment of reading.
I. Library Services
Patron Library Cards
• Library card applicants must show documentary proof of both identity and place of residence. If persons under 16 years of age cannot independently prove identity and residence, a parent or legal guardian may present proof on behalf of the child. In order to prove identity, a person must show a driver’s license or other photographic document that contains both his or her current legal name and a photograph. In order to prove residence, a person must show one document that lists both his or her current legal address and the same name listed on his or her documents presented as proof of identity. Many of the photographic identification documents will also list address and may serve both as proof of identity and as proof of residence, or one of the non-photographic documents with a current address may be used instead.
• If a newly registering borrower is unable to present acceptable documents containing current proof of residence, the Library may extend limited borrowing privileges for a period of 14 days or until documentary proof of identity and/or residence can be offered. During this 14-day borrower grace period, the customer will be allowed to have a maximum of two items checked out at one time.
• All borrowers must present their library card or a government, educational or corporate photo I. D. that clearly states their name to check out library materials.
• Internet cards are issued to patrons age eight and older, who only wish to use the Internet. A person must show proof of identity to receive an Internet card. A valid photo ID may be used, if customers don’t have their library card in their possession.
• A guest pass will be offered to visitors, who need to use an Internet computer.
• The Lexington Public Library will issue a library card without charge to any person living within the city limits of Lexington.
• Nonresident (not living within the city limits of Lexington) cards are issued for $5.00 a year for each family. A family member is anyone living at the same address, who can provide proof that they live at that residence.
• Library cards will not be issued or renewed for patrons with outstanding overdue charges in excess of $5.00.
• Library cards, Internet cards and nonresident library cards are issued for one year.
• Lost cards will be replaced for a fee of $2.00 each time the card is lost.
• In the event a library customer’s card is lost or stolen, it is the customer’s responsibility to contact the Library to report it lost. Once marked lost, the card cannot be used by any person, thereby protecting the customer’s account. If not reported, the customer will be responsible for all items checked out on their library card.
Materials Check-out and Renewal Policy
• The Lexington Public Library makes materials readily available for its customers through check-out policies that reflect the usage of materials. All materials may be used within the library free of charge. Materials may be borrowed on a library card in good standing.
Check out periods for library materials:
• Books check out for three weeks with two renewals.
• Audio books check out for three weeks with two renewals.
• Videos and DVDs check out for one week on an adult card with two renewals (limit 5 adult DVDs per card). Patrons with an adult library card may concurrently check out 5 children’s DVDs.
• Discovery Packs check out for three weeks on an adult card with two renewals.
• Past issues of Magazines check out for one week with two renewals.
• Cake pans check out for three weeks with two renewals.
Renewals
• Patrons may request the renewal of any material in person, by phone or online. Materials with a reserve request placed by another person, may not be renewed. The staff is empowered to use discretion on an individual basis.
Reserving Materials
• If a library customer is looking for a popular title, but the item is checked out, a reserve/hold may be placed on the title. When the material is returned, the Library will notify the customer that the material is ready for pick up. Requests can be made in person, by telephone, or online through the “My Account” line on the Library’s online catalog. Materials on request will be held for five days.
Overdue Materials
• Items not returned on the due date are considered overdue.
• A courtesy telephone call will be made one day after the items become overdue to remind the patron that the items were not returned on the due date.
• If no telephone contact can be made, a courtesy postcard will be sent one day after the items become overdue. There will be no charge for this postcard.
• A daily fine of 10-cents a day for each item will be assessed beginning with the first day. The maximum fine will not exceed the cost of the item. If items are not returned within seven days, the borrower will be sent an overdue notice. The following service charges will be assessed on a per notice basis:
o If the items are not returned after one week, a postcard will be sent with an additional charge of $1.00 added to the fine.
o If the overdue items are still not returned one week after the first notice is sent, a second notice will be sent with an additional charge of $1.00.
o If items are not returned by the specified date in this notice, the items will be charged as lost to the patron’s account. Additional charges for lost or damaged items equal to the replacement cost may be charged
• Fees and fines in excess of $5.00 will suspend a patron’s borrowing privileges until the charges are reduced or paid.
Lost/Damaged Materials
• Patrons are responsible for all materials checked out and are liable for damages, which may occur to those library materials. The library will notify the patron of damage charges or for charges for the replacement of the item. Replacement cost is based on current prices.
• Many series and sets of DVDs, audiobooks and ESL materials are sold as a unit. Loss of any part of these series or sets will result in a charge for the whole unit.
• If a patron pays for lost material and later returns the material, the cost of the material will be refunded to them, provided no more than six months have passed and the items are determined by staff to be in good condition.
Interlibrary Loan
• The Lexington Public Library provides interlibrary loan service. Through this service, borrowers may obtain items from other libraries. $3.00 per item will be charged to cover the cost of postage to return the item to the lending library. Patrons requesting interlibrary loan service must be Lexington Public Library cardholders and in good standing and must use their own card. Fees for items requested and received by the library, but not picked up by the requesting patron, will be attached to the patron’s record.
• Overdue fees for interlibrary loan items are the same as for items borrowed from the Lexington Public Library.
• Lost items will be handled as lost library materials in cooperation with the lending library.
• Damaged materials fees will be assessed by the lending library.
• Renewal of interlibrary loan materials is at the discretion of the lending library.
• The library reserves the right to suspend interlibrary loan privileges due to abuse.
• Items that are newer than three months are not available for loan to other libraries.
Non-Discrimination
• Service will not be denied or abridged because of religious, racial, social, economic or political status, gender or national origin.
II. Confidentiality of Library Records
The confidentiality policy of the Board of Trustees of the Lexington Public Library is to ensure the privacy of its users and to consider all library records confidential in nature.
The Nebraska Legislature in 1983 amended Chapter 84, Statute 84-712.05 of the Revised Statutes of Nebraska 1643 concerning records that may be withheld from the public. Included in the statute are records “kept by a publicly funded library, which, when examined with or without other records, reveal the identity of any patron using the library’s materials or services.”
Section 84.712.05. Records which may be withheld from the public enumerated.
The following records, unless publicly disclosed in an open court, open administrative proceeding or open meeting, or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records… (10) Records or portions of records kept by a publicly funded library, which, when examined with or without other records, reveal the identity of any patron using the library’s materials or services;
The American Library Association Code of Ethics states: “We protect each user’s rights to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.”
The Lexington Public Library and staff may not disclose information about a cardholder’s record or use of the Library to anyone other than the cardholder; except by court order or with written permission from the cardholder.
When a library staff member contacts a patron via telephone regarding overdue materials or materials requested by an individual, the staff member will not leave specific item information with a third party or on an answering machine. Specific item information will be shared only with the person requesting the material.
Parent or guardian access to confidential information of a minor cardholder is restricted to information related to the payment of overdue fines or lost or damaged materials. To access any other confidential information related to a minor cardholder, either the minor or the minor’s card must be present.
Library staff will not release, either over the telephone or through online resources, any information concerning library patrons, who may currently be using the Library.
Library staff will not disclose personal or library related information concerning any current or past staff member.
Library records are for the sole purpose of protecting public property and are not to be used, directly or indirectly, to identify the types of materials used by individual library patrons. Under no circumstances shall the library staff answer to a third party about what a patron of the library is reading, or the kind of information requested, from the library’s collection.
No library records shall be made available to members of the public, press or any agency of the state, federal or local government, except pursuant to such process, order or subpoena as may be authorized by and pursuant to federal, state or local law relating to civil, criminal, or administrative discovery procedures or legislative investigatory powers. All library staff members are to refer any request for such records to the Library Director. Upon receipt of such an order or subpoena, the Library Director will inform City Administration and will consult with the City Attorney’s office to determine if such order or subpoena is in proper form and if there is a showing of good cause for issuance.
The Board of Trustees and the Library Director shall resist the issuance or enforcement of any such process, order or subpoena until a proper showing of good cause is made in a court of competent jurisdiction. Any cost incurred by the library in any search through patron records, even, under court order, shall be chargeable to the agency demanding such search.
The American Library Association: “Confidential library records should not be released or made available in any format to a federal agent, law enforcement officer or other person unless a court order in proper form has been entered by a court of competent jurisdiction after a showing of good cause by the law enforcement agency or person seeking the records.”
All employees, members of the Board of Trustees, and volunteers of the Lexington Public Library are bound by this policy.
III. Financial Policy
Purpose
The Lexington Library Board establishes this financial policy to ensure fiscal accountability, appropriate use of funds in support of the Library’s mission and goals, and compliance with appropriate laws and ordinances of the City of Lexington policies.
Policy
• The Administration of the City of Lexington shall establish an annual budget for the operation of the Lexington Public Library. Once approved by the City Council, the Library Director of the Lexington Public Library is authorized to spend the budgeted amount.
• On a monthly basis, the Library Director will present written reports on library operations to the Board of Trustees.
• The library maintains adequate records of library operations in a manner easily understood by the public as well as the Board of Trustees and Library Director. This record of library operations is presented at each Board of Trustee’s monthly meeting and clearly indicates the financial position of each budgetary line item including budgeted amount, receipts, monthly and year to date expenditures, and remaining budget.
• Library Staff will implement petty cash procedures consistent with City of Lexington procedures, for use when immediate payment or reimbursement for a purchase or service is required.
Receipts
• Monies received as revenue by the Library from overdue fines, rural card fees, or rent of meeting rooms will be submitted to the City as general revenue.
• Monies received from copy machines and computer prints may be used to defray expenses in these areas as authorized by the City Finance Department.
Disposal of property
• Withdrawn library materials and materials donated but not added to the collection may be sold.
• Monies from the sale of library materials will be submitted to the City as general fund. Monies from the sale of donated materials will be submitted to the Lexington Community Foundation to be deposited in the Lexington Public Library Memorial Fund which will be used for materials and projects as designated by the Library Director and voted on by the Board of Trustees.
IV. Collection Development (Material Selection) Policy
The Community
Lexington is a community of diverse backgrounds and the needs of its citizens are distinct. In order to promote education and literacy, offer information and provide for the leisure activities of the citizens in the community, the Library, following the guidelines of the Collection Development Policy, chooses materials in all fields that depict different viewpoints including those that are political, social and religious in nature. The collection developed should address the various positions expressed on important or controversial questions, including unpopular or unorthodox positions. The Library does not promote any particular view or opinion. Resources are provided for individuals to examine issues freely and make their own decisions.
The Lexington Public Library is supported by the residents of Lexington and its materials are made available to adult residents on an equal basis.
Freedom to Read/Freedom to View
Freedom of communication is vital to preserving a free society. To ensure the right of the citizens of Lexington to have access to a broad range of ideas and concepts, the Lexington Public Library Board endorses the American Library Association’s Library Bill of Rights, Freedom to Read Statement, the American Library Association’s Code of Ethics, and Freedom to View Statement. (Appendix A, B, C & D)
Subject Areas and Materials Collected
Books – Cost and potential use are two important factors when ordering books. Of the materials selected, priority is given to reading materials.
DVDs – The objective of the DVD collection is to provide the public with DVDs that are informational, instructive and entertaining. Emphasis is placed on selecting materials that are popular, classic and award-winning feature films, children’s features, DVD series and educational / instructional materials. The Library purchases DVDs with the following ratings: G, PG, PG-13, R and Unrated. Selection of materials for the collection will take into consideration that this collection is widely used by children, teens and adults. The responsibility for which DVDs children may or may not select rests with the parent or legal guardian.
Periodicals -The Library purchases periodicals that are important for conventional research, as well as for general and popular reading.
Newspapers - The Library subscribes to the major newspapers of the state of Nebraska, national newspapers, and Hispanic newspapers.
Audiobooks - Two important criteria in the selection of audiobooks are cost and potential use.
The needs of the visually impaired may also be addressed by the Nebraska Talking Book and Braille Service through the Nebraska Library Commission.
Microfilm - Newspapers that the Library retains on microfilm include:
• The Dawson County Pioneer (05/1874 to 11/1942),
• The Lexington Gazette (03/1884 to 07/1893),
• The Lexington Clipper (08/1893 to 08/1999),
• The Lexington News (10/1897 to 08/1899),
• The Dawson County Herald / Overton Herald (06/1912 to 01/1933),
• The Kentucky Gazette (1787-1819).
Some newspapers on microfilm are not all inclusive.
Cake Pans - The Library offers a collection of cake pans. Selection of new cake pans is based on patron demand.
Discovery Packs – The selection of materials for the Discovery Packs evolves around current popular and educational themes.
General Principles
• Lexington Public Library considers censorship to be a personal matter and that while individuals may find certain materials objectionable and want to regulate these materials for their personal use; they do not have the right to restrict the freedom to read of others.
• Lexington Public Library supports the concept that it is the right of the parents or legal guardian to determine which items are appropriate for selection by children. Responsibility for a child’s use of library materials lies with the child’s parent or legal guardian, not the Lexington Public Library or the library staff. The Library does not have the right or responsibility to act on behalf of the parents or guardian. It is suggested that parents guide their children in their use of the Library, inform them about materials they should or should not use and accompany their children when they are at the Library.
• Library materials are not marked to show approval or disapproval of the contents, except for the purpose of protection from injury or theft.
• No cataloged materials will be placed on closed shelves except for the purpose of protection from injury or theft.
Selection Guidelines
• Request a Title;
• Needs and interests of library users and anticipated users;
• Value to the collection in information, education, or leisure;
• Relationship to existing collection and balance of viewpoints to the collection as a whole;
• Price, format, and ease of use;
• Insufficiency of information in a subject area;
• Professional reviews, attention in recognized media, and attention of critics;
• Author or creator’s authority and/or competence;
• Historical significance, contemporary value or popular interest;
• Timeliness of materials;
• Local and regional significance;
• Availability of material elsewhere in the community;
• Originality and artistic excellence;
• Suitability of physical form for library use.
Responsibility
The ultimate responsibility for selection of materials rests with the Library Director, who operates within the framework of the Collection Development Policy. The Director may delegate this responsibility to staff members in their various areas of expertise.
Library Staff is not able to purchase items through cold call telephone solicitation, nor will they accept preview boxes from vendors.
The Library attempts to meet the informational and educational needs in the community, but it is not a research library. The Library does not seek to duplicate research or special collections, nor does it attempt to meet the textbook needs of students.
Patrons may request materials not found in the library collection. To be considered for purchase, the items must fall within the guidelines of the library’s Collection Development Policy. Because the Lexington Public Library cannot purchase all requested materials, Interlibrary Loan can be utilized to provide patrons with access to material beyond the scope of the local collection.
Collection Maintenance
To maintain a collection that is functional and attractive, the Library maintains an active policy of discarding outdated materials, inaccurate materials, materials that are no longer of interest or in demand, duplicate materials, worn or defaced copies, and materials that no longer contribute to the total collection.
Responsibility for the removal of this type of material and the manner of their disposal rests with the Library Director.
Decisions concerning the replacement of specific items are based on the strength of the subject area, current interest, and selection guidelines. The Library Director may delegate the responsibilities of this task to other staff depending upon their area of expertise.
Procuring replacement items for lost items by library patrons must be approved by the Library Director prior to the purchase of the replacement item.
Because library material is purchased with public funds, no material may be given to an individual, even though it is marked, “Discard.” Discarded materials may be sold or given to another nonprofit organization at the discretion of the Library Director.
Reconsideration
• Patrons who find an item seriously objectionable and who wish to have that item removed from the collection may address a complaint in writing, by requesting a Request for Reconsideration Form from the Library Director. (Appendix F)
• The Request for Reconsideration Form should be returned to the Library Director, who will then examine the material in question and the circumstances involved in the complaint. No restriction or removal of the item shall take place while the material is being examined by the Library Director prior to a decision being made. Within two weeks of the receipt the request, the Library Director will submit a response to the patron based on the criteria for selection and library policy. A copy of the Collection Development Policy will be included with the response.
• If the patron feels the Library Director is not supported by the Library Policy, the Patron has the right to appeal for an additional hearing on the complaint with the Library Board of Trustees.
• The Library Board of Trustees recognizes that, while individuals are free to reject materials of which they do not approve for their own use, they do not have the right to restrict the freedom to read of others. Whenever the question of censorship is involved, no library material will be removed except under the unanimous vote of the Library Board of Trustees. The decision of the Library Board will remain final.
Gifts of Materials, Memorials, and Donations
Gifts of books or other materials must meet the same selection criteria as purchased materials. Upon receipt, the materials or funds become the property of the library. Gift materials may be integrated into normal shelving sequence.
All gifts of books and other materials must be in good physical condition. Due the limitations of space, money and staff, the Library reserves the right to accept or discard, at its discretion, any materials given to the Library. Final responsibility for determining if the items are added to the collection, sold, exchanged, given to other organizations, or discarded rests with the Library Director. The Library Director may delegate the responsibility to staff in their area of expertise.
A letter of acknowledgement will be sent to the donor upon request. Appraisal of gifts for tax purposes is the responsibility of the donor.
The proceeds from the donated books, which are sold at the ongoing library book sale, are deposited in the Lexington Library Memorial Fund at the Lexington Community Foundation.
Unrestricted gifts of money, lands or property will gratefully be accepted by the Library Board of Trustees. Gifts, memorials or bequests with specific restrictions attached will be reviewed by the Library Board of Trustees before acceptance or rejection.
V. Fees for Service
Free access to information in varied formats is essential to the public library mission but there are limits as to what the library can provide from public funds. Any fees for library services shall be established at the discretion of the Library Director and the Library Board.
• Copies & Printouts - 10 cents for black and white;
50 cents for color copies
• Faxes - $2.00 for the first page and 50 cents for all other
pages, if the phone number is within the United
States;
$3.00 for the first page and 50 cents for all
other pages for International faxes.
Incoming faxes are 10 cents per page.
• Interlibrary Loan - Three dollars return postage per item is charged.
• Laminating – One foot wide is $1.00 a foot;
22 inches wide is $2.00 a foot.
VI. Computer Use Policy
All users will be required to review these policies before using computers at the library. Every patron must have in their possession, their valid library card or a guest pass.
Patrons using another person’s library card to access the Internet will face the following penalties:
First infraction will result in a warning that loss of library privileges will result.
Second infraction will result in loss of library privileges for one week.
Third infraction will result in loss of library privileges for four weeks.
Fourth infraction and every infraction, thereafter, will result in loss of library privileges for six months.
Behavior leading to police involvement may lead to more severe penalties. Loss of library privileges include not being allowed on the library premises.
• Centralized printing is available. Customers are encouraged to use print preview as they are responsible for the cost of all printouts. Cost of printing will be 10 cents per page for black & white. All color copies are 50 cent a page.
• Computer use will be limited to 1 hour unless there is no waiting line.
• An ADA computer, located directly across from the Circulation Desk, is available for use.
• No one can save their files on the hard disk drive. The library is not responsible for damage to any user’s storage device or computer, or any loss of data, damage or liability that may occur from patron use of the Library’s computers.
• No more than two people are allowed on one computer station. Study groups may make special arrangements with the library staff.
• One warning will be given for disruptive behavior, including the use of profanity. If behavior continues, the user will forfeit the rest of his/her reserved time and may be asked to leave the library.
• Patrons are expected to treat library equipment with respect and care. The Lexington Public Library reserves the right to restrict or terminate use of computers, if computer use guidelines are not followed. The user is responsible for any damages occurring to library hardware or software due to inappropriate actions while using the computers.
• Library staff cannot provide in-depth training concerning the Internet or computer programs. Staff will assist patrons with basic services. Due to the constantly changing and expanding nature of technology, library staff will not be familiar with every aspect of computers and the Internet. Computer training classes will be offered periodically.
• The library may schedule any or all computers for activities including instruction, programming and maintenance. Library use of computers will take precedence over use by individual customers.
• Adults using a computer should continue to supervise all children accompanying them to the Library.
• The Lexington Public Library cannot control the resources on the Internet. The Internet changes each minute as new information is added and old information is deleted. Some sites may contain information which is inaccurate, defamatory, illegal, obscene, or potentially offensive to some. It is the responsibility of the parent/guardian to determine where to place restrictions on their own children regarding use of the Internet.
• Parents/guardians are responsible for their own children's behavior while using the Library's Internet connection. The Lexington Public Library assumes no liability for inappropriate conduct or acts conducted on the Internet
• The Library’s computers may be used until 15 minutes prior to the library’s closing and will be automatically shut down at that time
VII. Internet Use Policy
In response to advances in technology and the changing needs of the community, the Lexington Public Library endeavors to develop collections, resources, and services that meet the cultural, informational, recreational, and educational needs of Lexington’s diverse community. It is within this context that the Lexington Public Library offers free access to the Internet.
All Internet resources accessible through the Library are provided equally to all library users. If a person wants to access the computers and does not have a valid library card on their person, they can either use a state issued identification or they will be logged in as a guest.
The Lexington Public Library does not monitor information accessed through the Internet. In order to comply, with the Children’s Internet Protection Act (CIPA), the Lexington Public Library has installed filtering software on all its computers that have Internet access. The Library will enforce operation of the filtering during the use of these computers to prevent minors from accessing visual depictions that are obscene, child pornography or materials harmful to minors. Even with filters, please be aware that the Library cannot guarantee that patrons will not encounter information or images that are offensive or disturbing to them. The provision of access does not mean or imply that the Library sanctions or endorses the content users encounter. Technology protection measures may be disabled by a library staff member, as necessary, for bona fide research or other lawful purposes by people aged 17 and older.
Information available through the Internet is not warranted by the Library to be accurate, authoritative, factual, or complete. Patrons must be responsible for verifying the accuracy of any material
Access to the Library’s Internet connection by patrons using wired personal devices is regulated in the same manner as patron use of Library computers.
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Children must be eight years old to use the computers. Children seven years of age and younger must be seated with a parent / guardian while using the computer.
As with all library resources, parents or guardians, not the Library or its staff, have the right/responsibility to monitor the Internet information selected and/or accessed by their children. Parents, and only parents, may restrict their children, and only their children, from access of Internet resources available through the Library. Parents are advised to supervise in person their children's Internet sessions. Children under eight years of age are welcome to use the children's AWE computers.
The Library’s website is not secure. Customers wanting to purchase goods or services using a library computer should be aware that the library cannot guarantee the confidentiality or appropriateness of giving credit card or personal information to others over the Internet. Information sent over the library’s network may be captured by anyone who has the appropriate software.
Any information, including software, downloaded from the Internet may contain a virus. The library is not responsible for damage to an individual’s property or loss of data or liability that may occur from that individual’s use of any of the library’s computers.
The Internet computers are located in public areas, used by library patrons of all ages, backgrounds, sensitivities and values. Patrons are expected to consider this when accessing potentially controversial information and images.
Patrons may not use the library’s computers for viewing, sending or receiving materials that may be determined to be harmful to minors as defined by State of Nebraska Statutes 28-807. Appendix F (6)
Patrons may not use library computers for viewing, sending, or receiving materials that may be determined to be obscene as defined by State of Nebraska Statutes 28-807. Appendix F (10)
Acceptability of screen display will be left to the discretion of the supervising library staff. Patrons found to be viewing Internet sites that are harmful to a minor or obscene will face the following penalties:
• First infraction will result in a warning in which the loss of library privileges may result.
• Second infraction will result in loss of library privileges for one week.
• Third infraction will result in loss of library privileges for four weeks.
• Fourth infraction, and every infraction, thereafter, will result in loss of library privileges for six months.
Behavior leading to police involvement may lead to more severe penalties. Loss of library privileges includes not being allowed on the premises.
Police will be notified of any child pornography accessed.
Patrons and/or the parent/guardian are liable for any damage done to an Internet workstation’s hardware or software and for any illegal acts performed through the Library’s system. This is not limited to physical damage or vandalism. Tampering with local or remote computer files and/or committing illegal violations will result in permanent loss of Internet privileges at the Library and may also result in financial liability and/or criminal charges.
Patrons may not violate licensing agreements or copyright laws. Title 14 United States Code
The Library staff will not supervise Internet sessions of any patron, regardless of age.
Library staff cannot be responsible for providing in-depth training on the Internet, or other programs on the computer. However, the staff will do its best to get patrons started. Library staff may be able to answer basic questions about the Internet or other programs.
Wireless Access Policy
Wireless is available throughout the library free of charge, but there may be some spots where reception is limited. If patrons have trouble accessing the wireless connection or staying online, they may need to move to a different location in the library. By choosing this service, library patrons agree to abide by the rules of this policy. The wireless access offered is a filtered network and is not secure. When a patron chooses to access the library’s wireless, they are agreeing to abide by the Library’s Internet policy. Information sent over this network from a notebook, laptop, or other wireless device may be captured by anyone else with a wireless device and the appropriate software
Library staff has limited ability to provide technical assistance and there is no guarantee that patrons will be able to access the wireless connection. The Lexington Public Library assumes no responsibility for the safety of equipment or for notebook/laptop computer or other wireless device configurations, security or data files resulting from connection to the wireless network.
Amended and adopted by the Lexington Public Library Board, March 4, 2005; amended November 2006; amended October 8, 2012, September 14, 2015.
VIII. Patron Concerns
Lexington Public Library is committed to addressing concerns about any aspect of our services. The Library’s goal is to provide the best quality service to its patrons. Patrons should have the opportunity to offer suggestions or express concerns about services, procedures, and policies in a manner that will ensure that these concerns can be completely and effectively addressed by the library staff and/or Library Board.
If a library patron has inquiries or concerns, staff members can explain services, procedures and policies to them. If the patron still has concerns about the policy or procedures, he/she may be given the option to fill out a Library Concern Form (Appendix L)
All suggestions or concerns filed on a Library Concern Form will be delivered by library staff members to the Library Director. The Library Director will either immediately address the issue or bring the concern to the Library Board.
To ensure the effective operations of the Library, patrons may express their suggestions and concerns following the above procedure. However, they will not be allowed to damage library property or to exhibit disruptive or abusive behavior to staff members or to the public.
IX. Cooperation with Other Libraries and Other Information Services Providers
The Lexington Public Library shall cooperate with all types of libraries in its service area and with the Nebraska Library Commission. The Board of Trustees and the director will be alert to opportunities of cooperation to strengthen the services and resources of the library.
X. Interagency Cooperation
• The Library will cooperate with community agencies and organizations by providing seminars, workshops, demonstrations, or cooperative events as requested. The library will also be the source of educational and informational materials for community agencies.
• The Library Director will serve as the liaison to the Dawson County Interagency Council.
• The library seeks new ways to cooperate with the public schools, the homeschooling group, the Central Community College and any other educational organization.
XI. Exhibits
Display, Exhibits, Handouts, Bulletin Boards, Political Literature and Petitioning in the Library
• As part of its public service and mission to empower Lexington’s citizens, the Library makes available handouts, displays, exhibit areas and bulletin boards. The use of these areas in intended to increase public awareness of the range of information available in the Library’s collection and to make available information created by, and of interest to, the local community. Displays, exhibits, handouts, and materials posted on bulletin boards are covered by the intellectual freedom policies of the Library.
• Public forum space is available for the use of beneficial or non-profit associations or corporations, community groups, civic and other associations local to the area served by the Lexington Public Library.
Final authority for all materials displayed and made available in handout, display, and exhibit space and on bulletin boards rests with the Library Director.
Displays and Exhibits
Displays are defined as presentations on open shelves or fixtures. Materials from the library collection, which are available for lending, and/or materials created or loaned by governmental units or personnel can be used in displays. Materials contained in the collection that are not bestsellers, or otherwise well-publicized in the media, but still of interest to the public, are often overlooked, when housed on shelves in alphabetical or numerical order. Displays often take the form of merchandising (that is, pyramid, eye-level shelves, front-end space, etc.) within the library and are frequently topical in nature. Exhibits are more formal presentations of library and governmental information and realia (everyday objects used to illustrate).
XII. Distribution of Free Materials/Community Information
Handouts and Bulletin Board/ Columns
• Handouts and items on the columnar bulletin boards publicize activities of a civic, cultural, educational, or recreational nature. The intent is to give access to as much community information as possible. To achieve this goal, most material is displayed for one month or until the date of the meeting. Display items larger than 81/2" x 11" will be used as space is available on the columnar displays. Window space is normally unavailable. The item must be approved by a staff member before being displayed.
Literature Related to Campaigns for Public Office
• As part of its responsibility to help inform the public, the Library will provide a display area for the display and distribution of literature related to campaigns for public office under the conditions listed below. Display materials should be no larger than 8 1/2" x 11".
Petitioning or Distribution of Literature in Library
• Petitioning, soliciting, distribution of literature or leaflets, canvassing, or similar types of appeals by members of the public are not allowed in the Library. Rare exceptions under unusual circumstances may be made for specific Library or City or County projects with the express approval of the Director.
• Groups or individuals who wish to petition, solicit, canvas, or distribute literature to the public on library parking, sidewalks, or other grounds surrounding the Library may do so if they do not impede access to the building or interfere with use of the building, such as through excessive noise.
XIII. Meeting Rooms
In accordance with the Library’s mission to provide quality service to area residents, the meeting rooms of the Lexington Public Library are available for use by local government and non-profit groups for public informational, educational, charitable, cultural meetings and programs at no charge. For profit agencies may use the meeting rooms but will be charged a fee of $25.00 per day. Library related or sponsored events take precedence over other scheduling.
The Benthack-Margritz Room has a capacity of 50 with tables and chairs and 75 with chairs only. The Miller Room has a capacity of 45 with chairs only and 25 with tables and chairs, and the capacity of the Board Room is 15. If the wall is removed between the Benthack-Margritz Room and the Miller Room, the capacity is 120 with chairs only.
The Computer Lab can be utilized by organizations or individuals for technology related workshops or classes. The Computer Lab houses ten computers with Internet access and Microsoft Office software in a circular setting. Groups reserving the Computer Lab must have a minimum of four people registered to justify the reservation of the Lab. The Computer Lab must be used during library hours. Groups reserving the Computer Lab are responsible for any damage that is done to the library equipment during the reserved time period.
Library hours do not restrict access to the meeting rooms. Meetings scheduled to conclude after 9:00 pm on Monday through Thursday, after 5:00 pm on Friday or Saturday or on Sunday before 1:00 pm, must be approved by the Library Director. If a group is meeting before the library opens, its authorized representative must pick up a meeting room key the day before the meeting and return the key after the meeting has concluded. The key must be returned within 24 hours of the end of the meeting or a fee of $50.00 will be charged. If the key to the room is lost, the organization/individual will be charged the cost of rekeying the library. If a group is meeting after the library is closed, they may exit out of the doors, but will not be able to reenter.
The Benthack-Margritz Room has an institutional coffee maker, coffee filters, four coffee carafes, four water pitchers, dishtowels and dishcloths, a microwave, and a refrigerator with an icemaker. Groups must furnish other supplies. All left over food must be removed from the building immediately following the meeting.
Wireless Internet is available in all meeting rooms.
Requests for equipment will be honored on a first come, first served basis. A lectern, TV/DVD Player/VCR, laptop and a projector are available for use in the building. While the library supplies a white marker-board, groups need to bring their own dry erase markers. The Library also has an easel available, but groups need to supply their own paper. All meeting rooms have telephone access and the Benthack Margritz Room has a speaker system and a large retractable screen. The Library is not able to provide technical assistance.
All meetings and programs must be open to the public and in compliance with the Open Meetings Act. When educational or training conferences, workshops, or planning sessions are scheduled, registration fees for materials or tuition may be collected in advance by the sponsoring organization. The requirements of these sessions are determined by the group offering the program. Groups authorized to use the meeting room must not discriminate against any person regarding race, age, color, national origin, gender, or physical challenges and are responsible for meeting ADA requirements.
Groups wanting to use the library’s facilities need to complete the Lexington Public Library Meeting Room Application that authorizes at least one organizational representative. ( Appendix H) This representative is responsible for requesting a room for the organization. This person is also responsible for seeing restitution is made if any damage occurs to the facility. If Library property is either damaged or lost, the Library Director shall obtain estimates for the repair of the damage or the cost of replacement of the lost property. The individual or group will be responsible to pay that amount to the Library.
Groups using any meeting room are responsible for needed set up, clean up and advertising. Groups should pick up the trash and vacuum if needed. No tacks, nails, tape, glue or any substance, which could mar the walls’ finish, may be used on the walls.
The Library Meeting Room Application form needs to be approved by the staff or the Library Director. If the meetings are booked on a continuing basis the form will be kept on file at the library for one year or ongoing, as determined by the group and the Library Director. The contact person listed on the form may then reserve rooms in person or by telephone, mail, or e-mail over the Internet.
The sliding divider panels of the meeting room can be moved only by library personnel. If you need these panels moved, contact someone at the circulation desk.
If a group needs to cancel a scheduled meeting, the authorized person can report the cancellation to the Library by calling 308-324-2151.
Granting permission to use the library’s meeting rooms does not constitute endorsement by the Lexington Public Library, the Library Board of Trustees, or the City of Lexington. Events or meetings cannot be publicized in any manner that suggests library sponsorship or affiliation without permission of the Library Director.
Political campaigning on library property will not be permitted. Meeting rooms may be used for general political purposes including information sharing, organizational meetings, or community forums.
No individual or organization may use the meeting rooms for programs involving the sales, advertising, or promotion of commercial products or services, except as part of a library sponsored event, without advance permission from the Library Director.
Youth groups must always have an adult sponsor 18 years of age or older in attendance in the meeting room.
The library is not responsible for the theft of damage to materials or equipment left in the meeting rooms. The library will not provide storage of equipment, supplies, or materials without advance permission of the Library Director or the Library Board. The library is not responsible for personal injury to any member, affiliated person, guest, invitee, or licensee of any organization using the library’s meeting rooms.
The library building is tobacco free, alcohol free and drug free. No weapons are allowed on the premises. Hazardous materials are prohibited in the meeting rooms. No open flames, including candles are allowed.
The library reserves the right to cancel room reservations for operational purposes including, but not limited to, weather closings, power outages, or other unforeseeable events.
Meetings or programs may not disrupt the use of the Library by others. Persons attending the meetings are subject to all library rules and regulations. Permission to use the library meeting rooms may be denied to any group that damages the room, carpet, equipment, furniture, or causes a disturbance.
The library reserves the right to deny access to any user whose planned use of the space does not comply with this policy or whose past use has violated this policy. Those parties, who do not comply with this policy, may immediately be removed from the room and/or library property. Any organization or individual who has been denied permission to reserve a meeting room may appeal in writing to the Library Board of Trustees.
In the event circumstances arise that are not covered in the above document, the decisions of the Library Director or other appropriate staff are binding.
XIV. Personnel
Personnel Policy
Personnel employment including salaries, promotions, dismissals, retirement, vacation, sick leave, emergency leave, and resignation shall be followed as stated in the current Personnel Manual for the City of Lexington for all employees.
Any day the Library stays closed which is not an official city holiday as per the Personnel Manual for the City of Lexington, including Easter, will not be a paid holiday.
If in extreme conditions, including inclement weather, building emergency or other occurrences, the Library Director, after consulting with the City Manager, decides to close the Library, and the City Offices are not closed, employees will need to use vacation leave.
If the Director is not available, the Assistant Director may validate the payroll sheets.
Staff Development
The Library encourages all staff members and Library Board Members to attend Nebraska Library Commission and library system trainings, professional meetings, conferences, and conventions. When possible, time will be allowed with pay for staff members to attend.
Library funds will pay for mileage, registration fees, meals and lodging for Library Board members and staff members designated by the Library Director.
The Library will pay state and national dues for the Library Director. Nebraska Library Association dues, or dues for an equivalent association, will be paid for Library Board Members (if they are interested), the Assistant Library Director and the Library Assistant II’s. Payment of Nebraska Library Association Dues for the Library I’s is left to the discretion of the Library Director.
Volunteer Policy
Lexington Public Library will accept students fulfilling school requirements to volunteer.
Lexington Public Library does not place Court Ordered diversion participants.
Every volunteer will be subject to a criminal background check.
Formal orientation for new volunteers will be provided.
XV. Marketing / Public Relations and Advocacy
Lexington Public Library strives to continually inform the public and community stakeholders about library services and their value. The Library Board and library staff work as a team to utilize all available means of marketing and advocacy.
The Library Board should be committed to representing the Library to the public.
Public Relations goals of the Lexington Public Library are:
o To promote a good understanding of the Library’s objectives and services among governing officials, civic leaders and the general public;
o To promote active participation in the varied services offered by the Library to people of all ages.
• The Library Board recognizes that public relations involve every person who has a connection with the Library. The Board urges its own members and every staff member and volunteer to realize that he or she represents the Library in every public contact. Good service supports good public relations.
• The Library Board and professional staff are encouraged to make presentations and participate in community activities to promote library services.
• The Library through its memberships in local, state and national associations is taking an active part in library public relations; this is an extension of local public relations efforts.
• The Library Board encourages the Friends of the Library to assist the Library Board in enlisting community support for the Library, interpreting its aims and objectives and promoting greater understanding of the library in every facet of civic life.
• The library staff and Library Board are encouraged to participate in local activities.
• Library information materials and promotional materials designed to be disseminated to the public will meet a high standard of quality. The Library Director will be responsible to see that such promotional and informational material produced by or for the Library meets those standards.
• The Library maintains an up-to-date website and social media sites.
• The means of marketing employed the Library include, but are not limited to, the City of Lexington information, news media, advertisements, the Library’s webpage, individual and group contacts, participation in statewide and national library advocacy efforts and increasingly available social; media outlets such as Facebook.
• A publication budget will be established to cover the costs related to printing publication, supplies, and miscellaneous needs related to the public relations effort.
• The Library Director will take measures to ensure library staff receives ongoing guidance regarding library initiatives and directions to where such information may be referenced (e.g., website).
• Final responsibility for implementation of this policy rests with the Library Director, who may delegate authority to staff members in their area of responsibility.
Media Contact
To ensure that the public receives consistent and accurate information about library policies, procedures, programs and services, and to ensure that a positive, accurate image of the Library is presented to the public, the Lexington Public Library Board has approved the following policy.
• Contacts between the media for the Library will be carried out by:
1. The Library Director;
2. The Library Board President, if the Library Director is unavailable;
3. The City Manager, if the above are unavailable.
• Library staff will not submit letters to the editor designed to speak officially for the Library without prior approval of the Library Director or the Library Board President, if the Library Director is not available.
• Staff will not make public statements to the media on behalf of the Library without a prior approval of the Library Director or the Library Board President, if the Library Director is not available.
• Library staff will not submit comments to social media designed to speak officially for the Library without prior approval from the Library Director or the Library Board President, if the Library Director is not available.
Emergency Situations
• In an emergency, official statements to the public and media will be made by one of the above designees, in the order they are listed.
• If it is necessary for Library staff to provide the public with information related to library business or policy, Library administration will inform staff what is to be said.
• In the event one of the above-listed designees is not immediately available, Library staff will inform any media contact he or she is not authorized to comment but will take the contact’s information to relay to an official, when that official becomes available.
XVI. Patron Behavior
Patron Unruliness or Violence
• Library patrons are expected to conduct themselves in a manner which shows respect to other patrons and to staff. Disruptive behavior which disturbs others or destroys property will not be tolerated. The use of profanity is not acceptable. Persons using profanity will be asked to leave the building.
• Parents/Guardians are responsible for the behavior of their children while in the Library. Children who are being disruptive and do not respond to a staff request to stop will be asked to leave the building and if necessary, the parent will be called to pick the child up from the library. If a parent is unavailable after one hour, the Lexington Police Department will be contacted.
• Staff members may handle patron situations directly or they may report the problem patron to a supervisor. If the situation escalates or if the patron refuses to listen to staff, the police will be called immediately.
• Staff members may dismiss the offender for the rest of the day or for up to two weeks depending on the severity of the offense. Repeat offenders or those who commit an extremely serious offense may be permanently barred from the library facility by the Library Director. Appeals of the dismissal must be submitted in writing one week prior to the regular Library Board meetings and will be reviewed by the Library Director and members of the Library Board at the regular meeting following the receipt of the appeal.
• If patrons remain on library premises after being asked to leave or enter the library during the time period in which they have been banned from the library, the police may be called.
Staff members will use standard communication tools to make other staff members aware of patrons who are temporarily or permanently banned from the library. Within two working days of any incident regarding dismissals extending beyond the same day, staff will record their version of the incident in an Incident Report which will be submitted to the Library Director
Unattended Children
The Lexington Library welcomes children and families to use it materials and facilities. The Library strives to provide for the general welfare of all persons using the Library and to provide for the general safety of children using the Library. However, library staff are not trained or expected to provide care and supervision for children or other persons in need of constant attention.
• All children age 8 years or younger shall always be attended and adequately supervised by a responsible person (e.g., an adult or adolescent 13 years of age or older). [DHHS criteria] 11/09/15
• Parents or legal guardians are responsible for children's behavior in the library. The library is a controlled environment and the library is not equipped for long-term childcare.
• It is not the function of the library staff to deal with children, who are out of control. If the child is not following library etiquette, the staff will make every effort to locate the responsible parent, guardian or caregiver.
• If necessary, appropriate law enforcement or child protective authorities will be notified to assume responsibility for the welfare of the child or person in need or attention.
• Parents or guardians, who repeatedly leave a child unattended, will be reported to the police.
• A staff member may intervene with a child in order to prevent injury or property damage.
• Incidents of minors, who are left unattended at closing time, will be reported to the police within fifteen minutes of closing time. Under no circumstances will staff give minors a ride home.
• The library staff is not responsible for the safety, care, or supervision of children of any age at any time whether in the library or on library premises.
XVII. Emergencies in the Library
Emergency / Safety Policy
In order to provide for the safety of library patrons and staff, the Lexington Public Library has implemented the following safety and emergency procedures.
1. Weather Emergencies
a. Tornado or Violent Storms
• When warranted, staff will monitor weather conditions using the NOAA weather radio, the radio or the Internet. The radio should be tuned to KRVN. When Dawson County is in a watch or a warning, staff will follow procedures appropriate for the situation. These procedures are updated as needed and are reviewed by staff at least once a year. (Appendix I) When notified by library staff that a tornado warning is in effect, if time allows, patrons may leave the building or take shelter in the library’s designated safe areas. (Map Appendix J) Designated safe areas are the restrooms. If there are a large number of people remaining in the Library, they are to go to the second designated area, the Children’s Work Room. The staff will direct all unattended children to the designated safe areas. Everyone should remain in the safe area until the all clear sounds.
• If the tornado strikes with little or no warning, patrons and staff should take shelter away from windows and exterior walls, hiding under furniture, if they cannot get to an interior room. Everyone should protect their heads as much as possible. The open stacks area should be avoided.
a. Snowstorms
• The Library may open late or close early when winter weather conditions present a danger to staff or patrons. The Library will follow the direction of the City of Lexington during normal business hours and the Library Director will make the determination to close the Library during other times.
• Maximum effort will be made to maintain regular library hours of operation. If the Library is closed due to inclement weather, the necessary closing announcement will be broadcast on KRVN radio. Unless staff is unable to report to the Library due to weather conditions, signs will be posted on the entrances and an announcement will be recorded on the answering machine.
• Programs for all ages will be cancelled whenever the Lexington School District cancels school because of inclement weather.
• People or organizations, who have booked the meeting rooms, will be notified of library closings due to inclement weather.
1. Facility Emergencies
a. Fire
• At the first indication of smoke or flame, staff should investigate the situation to determine location and extent of the fire. If the fire can be easily contained and extinguished by staff, they should do so. The smoke detectors may set off the alarm. Otherwise, staff should pull the fire alarm to notify the Library and meeting room users to evacuate the building. Fire extinguishers are mounted and located on the wall at the following locations in the library:
1. North of the back door
2. On the east side of the door in the main mechanical room. (At the north end of the west hall.)
3. On the west wall in the small mechanical room. (At the south end of the meeting room hall.)
• If there is any doubt about whether the fire can be controlled, staff should immediately call 911 and evacuate the building. When possible, a staff member should be at each door to direct patrons and wait for emergency personnel. Evacuate to the area in front of the old library building. Do not re-enter the building until it is safe to return.
b. Loss of Utilities
• Electrical power outage
1) If electrical power is lost for at least two hours or if the loss makes the temperature or the lighting difficult for working, the Library may close until the problem is resolved.
2) Patrons may need to be assisted in evacuating the building. Check all bathrooms to make sure that no patrons are trapped inside without a light.
3) There are flashlights located in the emergency basket in the workroom. Extra batteries are in the basket.
4) An AM/FM radio is in the basket. It can be tuned to KRVN radio.
5) Turn off computers at the start of a power outage
• If water is shut off to the Library, all restrooms should be closed immediately.
• If the temperature drops or increases enough to make working in or using the library uncomfortable, the Library should close until the problem is resolved.
c. Hazardous Materials
• If chemical fumes are noticeable, staff should immediately evacuate the building and call 911 for assistance.
• If an accident in the vicinity of the Library involves hazardous waste materials of any type, library staff should follow the directives of City Hall and the Lexington Police Department or other emergency personnel.
• If a substance is visible, it needs to be left where it was found. Staff should not take any action that would spread the substance to other areas. The building should be evacuated, and emergency personnel called.
d. Plumbing Problems and Water Leaks
• If a plumbing problem is limited to a single area, staff will close off the affected area. Plastic warning horses will be placed around the area for safety.
• If a plumbing problem or water leak affects the major parts of the Library, the Library Director may close the Library if necessary.
e. Bomb Threat
• In event of a bomb threat being called into the Library, staff will follow the protocol on the Bomb Threats Sheet, which has been placed next to every phone. (Appendix K )
• When the caller hangs up the phone or when a bomb threat is received in other ways besides a telephone call, police should be called immediately to let them know the situation, including the contact information and location of the person in charge after the evacuation. If a personal cell phone is available, police should be called when the threat is being made. Other staff should get everyone out and away from the building.
• When questioned by police, staff should provide them with the information taken on the phone. Staff may be excused from work at that point and can return to work when the building has been cleared.
• If a bomb threat has been received at a nearby facility, evacuation of the Library will be based on the judgment of emergency personnel. Staff will be called back to work when emergency personnel declare the area safe.
2. Personal Safety
a. Health Emergencies or Accidents
i. Staff should exercise caution when assisting anyone with a health issue, even one minor in nature, both for the safety of the individual and the potential liability of the staff member. The injured person should not be moved. If the person is conscious, offer to help and try to get identification. The affected person should be made as comfortable as possible and protected from needless disturbances. In the case of serious problems emergency personal needs to be called immediately. Staff should not attempt to provide first aid unless certified. Have a staff member meet the rescue squad at the door and direct them to the individual.
ii. A person who wishes to leave and is not well cannot be stopped by a staff member.
iii. At no time should staff dispense medication, including aspirin.
iv. Following the incident, staff should submit an Incident Report to the Library Director.
v. First Aid supplies are in the second drawer from the right along the north wall of the workroom.
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3. Reporting Emergencies
a. All emergency situations should be reported to the Library Director as soon as possible. The Library Director will contact the President of the Library Board and the City Administrator as appropriate. The full Library Board will be informed of the emergency at the next regular board meeting.
b. Because timely and accurate reporting of emergencies is crucial, library staff should refer all media questions to the Library Director. Information about non-emergency situations that may affect the public should be approved by the Library Director before being released.
c. Emergency Phone Numbers
i. Police Department – 911
ii. Fire Department – 911
iii. Ambulance – 911
iv. Police Department Non-Emergency Number – 324-2317
v. Service Master Janitorial Service – 324-3072 / 800-499-1926
vi. Electricity – 324-2141 / NPPD 324-4581
vii. Library Director – 746-3133
viii. Library Board President – Amanda Barkmeier – 402-326-5252
ix. Lexington Service Building – 324-5995
x. Tom Nelson – 325-7569
xi. Lexington Service Building On-Call Number 325-3879
xii. Robert Thompson – 325-3253
XVIII. Library Board Meetings- Public Participation/Input
At any open meeting of the Lexington Public Library Board, the public will be recognized immediately, after determination that a quorum of the board is present. Each member of the public may be asked to register or identify him-or herself, to indicate any relevant group affiliation, and limit any comments to five minutes. Any group or individual wishing to place an item on the agenda should contact the Library Director one week in advance and state the topic or question to be presented to the board. At the end of public discussion, the board will continue with the printed agenda. At the discretion of the board, any of these policies may be waived when deemed appropriate.
XIX. Intellectual Freedom
Democracy and the American way of life require that a full range of human ideas be accessible to the people. Democracy also requires that proponents of the various points of view be able to fully and openly make their cases, before the individual and collective judgment of their fellow citizens, however popular or unpopular they may be.
This principle is embodied in the First Amendment of the Constitution, which protects the free expression of idea and in American public libraries where librarians provide access to those ideas.
The Lexington Public Library endorses and incorporates the Intellectual Freedom and Right to Read statements of the American Library Association into its policy. (Appendix D)
XX. Review Procedure
Library policies will be reviewed by the Library Director and the Library Board annually, unless, due to circumstances the needs and services of the Library require an unscheduled review and update.
APPENDIX A
LIBRARY BILL OF RIGHTS
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.
1. Books and other Library resources should be provided for the interest, information, and enlightenment of all people of the community the Library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
4. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
5. A person's right to use a library should not be denied or abridged because of origin, age, background, or views.
6. Libraries which make exhibit spaces and meeting rooms available to the public should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.
Adopted June 18, 1948 Amended February 2, 1961; June 27, 1967; and January 23, 1980 by the ALA Council
APPENDIX B
FREEDOM TO READ STATEMENT Adopted June 25, 1953, by the ALA Council Revised January 28, 1972
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove books from sale, to censor textbooks, to label "controversial" books, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently arise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to avoid the subversion of politics and the corruption of morals. We, as citizens devoted to the use of books and as librarians and publishers responsible for disseminating them, wish to assert the public interest in the preservation of the freedom to read.
We are deeply concerned about these attempts at suppression. Most such attempts rest on a denial of the fundamental premise of democracy: that the ordinary citizen, by exercising his critical judgment, will accept the good and reject the bad. The censors, public and private, assume that they should determine what is good and what is bad for their fellow citizens.
We trust Americans to recognize propaganda, and to reject it. We do not believe they need the help of censors to assist them in this task. We do not believe they are prepared to sacrifice their heritage of a free press in order to be "protected" against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression.
We are aware, of course, that books are not alone in being subjected to efforts of suppression. We are aware that these efforts are related to a larger pattern of pressures being brought against education, the press, films, radio and television. The problem is not only one of actual censorship. The shadow of fear cast by these pressures lead, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy.
Such pressure toward conformity is perhaps natural to a time of uneasy change and pervading fear. Especially when so many of our apprehensions are directed against an ideology, the expression of a dissident idea becomes a thing feared in itself, and we tend to move against it as against a hostile deed, with suppression.
And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with stress.
Now as always in our history, books are among our greatest instruments of freedom. They are almost the only means for making generally available ideas or manners of expression than can initially command only a small audience. They are the natural medium for the new idea and the untried voice from which come the original contributions to social growth. They are essential to the extended discussion which serious thought requires, and to the accumulation of knowledge and ideas into organized collections.
We believe that free communication is essential to the preservation of a free
society and a creative culture. We believe that these pressures towards conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings.
The freedom to read is guaranteed by the Constitution. Those with faith in free men will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.
We affirm these propositions:
1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those which are unorthodox or unpopular with the majority.
Creative thought is new, and what is new is different. The bearer of every new thought is a rebel until his idea is refined and tested. Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept which challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it.
2. Publishers, librarians, and booksellers do not need to endorse every idea or presentation contained in the books they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what books should be published or circulated.
Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read and consider a broader range of ideas than those that may be held by any single librarian or publisher or government or church. It is wrong that what one man can read should be confide to what another thinks proper.
3. It is contrary to the public interest for publishers or librarians to determine the acceptability of a book based on the personal history or political affiliations of the author.
A book should be judged as a book. No art or literature can flourish if it is to be measured by the political views or private lives of its creators. No society of free men can flourish which draws up lists of writers to who it will not listen, whatever they have to say.
4. There is no place in our society for efforts to coerce the tastes of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression.
To some, much of modern literature is shocking. But is not much of life itself shocking? We cut off literature at the source if we prevent serious artists from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experiences in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. They are affirming responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters taste differs, and taste cannot be legislated; nor can machinery be devised which will suit the demands of one group without limiting the freedom of others.
5. It is not in the public interest to force a reader to accept with any book the prejudgment of a label characterizing the book or author as subversive or dangerous.
The idea of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for the citizen. It presupposes that each individual must be directed in making up his mind about the ideas he examines. But Americans do not need others to do their thinking for them.
6. It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large.
It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society each individual is free to determine for himself what he wishes to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive.
7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, bookmen can demonstrate that the answer to a bad book is a good one, the answer to a bad idea is a good one.
The freedom to read is of little consequence when expended on the trivial; it is frustrated when the reader cannot obtain matter fit for his purpose. What is aided is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channel by which the intellectual inheritance is handed down, and the principal means of its testing and growth. The defense of their freedom and integrity, and the enlargement of their service to society, require all bookmen the utmost of their faculties, and deserve of all citizens the fullest of their support.
We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of books. We do so because we believe that they are good, possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many people. We do atoll state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.
Endorsed by:
AMERICAN LIBRARY ASSOCIATION
Council, June 25, 1953
AMERICAN BOOK PUBLISHERS COUNCIL
Board of Directors, June 18, 1953
Subsequently Endorsed by:
AMERICAN BOOKSELLERS ASSOCIATION
Board of Directors
BOOK MANUFACTURERS' INSTITUTE
Board of Directors
NATIONAL EDUCATION ASSOCIATION
Commission of the Defense of Democracy through Education
APPENDIX C
FREEDOM TO VIEW STATEMENT
The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read is protected by the First Amendment to the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression. Therefore, we affirm these principles:
l. It is in the public interest to provide the broadest possible access to films and other audiovisual materials because they have proven to be among the most effective means for the communication of ideas. Liberty of circulation is essential to insure the constitutional guarantee of freedom of expression.
2. It is in the public interest to provide for our audiences, films and other audiovisual materials which represent a diversity of views and expression. Selection of a work does not constitute or imply agreement with or approval of the content.
3. It is our professional responsibility to resist the constraint of labeling or prejudging a film on the basis of the moral, religious, or political beliefs of the producer or filmmaker or on the basis of controversial content.
4. It is our professional responsibility to contest vigorously, by all lawful means, every encroachment upon the public's freedom to view.
___________________________________________________________
This statement was originally drafted by the Educational Film Library Association's Freedom to View Committee and was adopted by the Board of Directors in February 1979. This statement was adopted by the Board of Directors of the Association for Educational Communications and Technology on 1 December 1979. It was also endorsed by the American Library Association's Intellectual Freedom Committee and the ALA Council in June 1979.
APPENDIX D
ALA RESOLUTION ON THE CONSTITUTIONAL PROTECTION OF
LIBRARY MATERIALS, SERVICES AND PROGRAMS
WHEREAS, The publicly supported library is the only institution established to provide free and equal access to information for all people of the community it serves; and
WHEREAS, The Library Bill of Rights and its Interpretations are the basic policies that guide libraries in the provision of services, materials and programs in a manner that guarantees each individual's right to access to constitutionally protected expression; and
WHEREAS, Throughout the United States there are attempts to seek legal action such as legislation, ballot initiatives, and state constitutional amendments, that would have the effect of limiting the diversity of library collections, services or programs or restricting minors' access to specific materials, services or programs; and
WHEREAS, These limitations are intended to require libraries to discriminate in favor of one set of values over all others; and
WHEREAS, Requiring libraries to limit access to minors interferes with the rights and responsibilities of parents to guide their own children in their use of the library; now, therefore, be it
RESOLVED, That the American Library Association affirms that forcing libraries to violate the principles embodied in the Library Bill of Rights and its Interpretations seriously abridges the First Amendment rights of people of all ages served by the affected libraries; and be it further
RESOLVED, That the American Library Association opposes any action that would limit the diversity of library collections, services or programs, or would restrict minors' access to library materials, services or programs; and be it further
RESOLVED, That the American Library Association opposes any action that forces libraries to set policies that violate First Amendment rights; and be it further
RESOLVED, That copies of this resolution be transmitted to all state chapters, state association intellectual freedom committees and state libraries.
Adopted by the Council of the American Library Association, June 30, 1993
APPENDIX E
Library Code of Ethics
I. Librarians must provide the highest level of service through appropriate and usefully organized collections, fair and equitable circulation and service policies, and skillful, accurate, unbiased, and courteous reponses to all requests for assistance.
II. Librarians must resist all efforts by groups or individuals to censor library materials.
III. Librarians must protect each user's right to privacy with respect to information sought or received, and materials consulted, borrowed, or acquired.
IV. Librarians must adhere to the principles of due process and equality of opportunity in peer relationships and personnel actions.
V. Librarians must distinguish clearly in their actions and statements between their personal philosophies and attitudes and those of an institution or professional body.
VI. Librarians must avoid situations in which personal interests might be served or financial benefits gained at the expense of library users, colleagues, or the employing institution.
Adopted June 30, 1981, by the Council of the American Library Association
APPENDIX F
Nebraska Statute 28-807
28-807. Terms, defined.
As used in sections 28-807 to 28-829, unless the context otherwise requires:
(1) Adult shall mean any married person or any unmarried person of the age of eighteen years or older;
(2) Commercial film and photographic print processor shall mean any person who for compensation develops exposed photographic film into negatives, slides, or prints or who for compensation makes prints from negatives or slides. The term shall include, but not be limited to, any employee of such a person but shall not include employees of law enforcement agencies and prosecuting attorneys involved in the investigation and prosecution of criminal offenses or to persons involved in legitimate medical, scientific, or educational activities;
(3) Distribute shall mean to transfer possession, whether with or without consideration, by any means;
(4) Disseminate shall mean to manufacture, issue, publish, sell, lend, distribute, transmit, exhibit, or present materials or to offer in person or through an agent or by placing an advertisement for the same, whether with or without consideration, or agree to do the same;
(5) Knowingly shall mean having general knowledge of, reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry of the character and content of any material, taken as a whole, described in this section, which is reasonably susceptible to examination by the defendant;
(6) Harmful to minors shall mean that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful, or morbid interest of minors, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (c) is lacking in serious literary, artistic, political, or scientific value for minors;
(7) Material or work shall mean any book, magazine, newspaper, comic book, pamphlet, or other printed or written material or any picture, drawing, photograph, figure, image, motion picture, whether or not positive or negative exhibited or screened, play, nightclub, live performance, television production, other pictorial representation or electric reproduction, recording transcription, mechanical or otherwise, or other articles, equipment, machines, or materials;
(8) Minor shall mean any unmarried person under the age of eighteen years;
(9) Nudity shall mean the showing of the human, post-pubertal male or female genitals, pubic area, or buttocks with less than a full opaque covering, the depiction of covered male genitals in a discernibly turgid state, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple;
(10) Obscene shall mean (a) that an average person applying contemporary community standards would find that the work, material, conduct, or live performance taken as a whole predominantly appeals to the prurient interest or a shameful or morbid interest in nudity, sex, or excretion, (b) the work, material, conduct, or live performance depicts or describes in a patently offensive way sexual conduct specifically set out in sections 28-807 to 28-829, and (c) the work, conduct, material, or live performance taken as a whole lacks serious literary, artistic, political, or scientific value;
(11) Place shall mean any building, structure, or place or any separate part or portion thereof or the ground itself;
(12) Person shall mean any individual, partnership, limited liability company, firm, association, corporation, trustee, lessee, agent, assignee, or other legal entity;
(13) Performance, whether with or without consideration, shall mean any play, motion picture, dance, or other exhibition performed before an audience;
(14) Promote shall mean to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or place an order for advertising or to knowingly offer in person or through an agent or agree to do the same;
(15) Sexual conduct shall mean acts of masturbation, homosexuality, sodomy, sexual intercourse, or prolonged physical contact with a person's clothed or unclothed genitals, pubic area, or buttocks or, if such person is female, breast;
(16) Sexual excitement shall mean the condition of human male or female genitals when in a state of sexual stimulation or arousal; and
(17) Sadomasochistic abuse shall mean flagellation or torture by or upon a nude person or a person clad in undergarments, a mask, or a bizarre costume or the condition of being fettered, bound, or otherwise physically restrained when performed to predominantly appeal to the shameful or morbid interest.
Source: Laws 1977, LB 38, § 163; Laws 1978, LB 748, § 13; Laws 1988, LB 117, § 1; Laws 1993, LB 121, § 178.
Annotations
In reviewing a determination of whether certain material is obscene pursuant to the three-part obscenity test, the appellate court should give appropriate deference to the trier of fact on the "prurient interest" and "patently offensive" prongs of the test because these issues depend on the knowledge of "contemporary community standards" which are uniquely within the province of the trier of fact. However, the third prong of the test, whether the material has artistic value, is subject to de novo review because it does not depend on community standards. Tipp-It, Inc. v. Conboy, 257 Neb. 219, 596 N.W.2d 304 (1999).
The definition of obscenity provided in this section is patterned upon, and coextensive with, the language of Miller v. California, 413 U.S. 15, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973). State v. Harrold, 256 Neb. 829, 593 N.W.2d 299 (1999).
Films which have little plot and which consist of scene after scene of sexual intercourse, lesbianism, homosexuality, cunnilingus, and fellatio are obscene as that term is defined. State v. Embassy Corp., 215 Neb. 631, 340 N.W.2d 160 (1983).
Subsection (10) of this statute is not unconstitutionally vague. State v. Embassy Corp., 215 Neb. 631, 340 N.W.2d 160 (1983).
APPENDIX G
Patron Request Form for Reconsideration of a Work
Type of Material: Book_____ , DVD______, Audiobook______,
Magazine , other (please specify)____________
Title:
Author:
Publisher:
Request initiated by:
Telephone:
Address:
Complainant represents: Himself/herself
Organization (name)
Other (please specify)
To what in the work do you object? Please be specific: cite pages, passages,
etc. ____________________________________________________________
What of value is there in this work?
______________________________________________________________
What do you feel might be the result of reading/viewing/listening to this work? ______________________________________________________________________________________________________________________________
For what age group would you recommend this work? __________________
Did you read/view/listen to the entire work? ________________________
. Are you aware of the judgment of this work by critics? __________________
7. What do you believe is the theme or purpose of this work? _________________________________________________________
8. What would you prefer the library to do about this work? _________________
9. What work do you believe should be added to counterbalance the viewpoint expressed in this work? _____________________________________________
APPENDIX H
LEXINGTON LIBRARY MEETING ROOM APPLICATION FORM
Adopted 11/14/2011
Name of Group or Organization:___________________________________________________________
Contact Person:__________________________________________________________________
Day Phone:____________________________CellPhone:_________________________
Address:________________________________________________________________
E-mail Address:________________________________________________________________
Meeting Room Requested:_______________________________________________________________
Date of Meeting:________________________________________________________________
Time of Meeting:________________________________________________________________
Purpose of Meeting:________________________________________________________________
Number of Attendees:_______________________________________________________________
Additional Equipment Requested:_________________________________________________________
Non-Profit Organization _____(No Charge) For Profit Organization _____($25.00 per day charge)
$25.00 fee paid Yes No
The Contact Person is authorized for (check one only):
_____One year from date of signature
_____Ongoing until updated by the organization.
The undersigned, on behalf of the above organization, has read and agrees to comply with the policies and procedures governing the use of the library meeting rooms and equipment. Failure to abide by these rules may disqualify the organization from future use to library facilities. The users hereby indemnify and hold harmless the City of Lexington and its Library Board and the staff from all liability directly or indirectly related to any event or meeting. This authorization is good for either one year from the oldest date listed below or ongoing as chosen by the organization’s representatives.
Signature of Contact Person:______________________________________________________________
Date:_________________________________________________________________________________
************************************************************************
Office Use Only
Date of Review:________________________________________________________________________
Signature of Approving Staff Member______________________________________________________
Adopted 11/14/2011
APPENDIX I
LIBRARY EMERGENCY PROCEDURES
FOR A TORNADO
Staff Members are to be aware if the local area is in a tornado watch.
Staff should tune the radio to KRVN and listen for NOAA weather radio alerts.
In the event of a Tornado Warning:
• Announce to patrons that we under emergency procedures;
• Lock the cash register;
• Allow patrons to leave the building immediately, if time allows;
• Announce that all patrons remaining in the building must go to designated safe areas for their protection. The designated safe areas are the restrooms or the children’s workroom, depending upon the number of people remaining in the building.
• Take the battery powered radio from the basket in the workroom and the flashlight with you to the designated areas in case the electricity goes out. Also, take extra fresh batteries.
• All in the library building should remain in the safety areas until an all clear is announced on the radio.
APPENDIX J
APPENDIX K
APPENDIX L
LIBRARY CONCERN FORM
Lexington Public Library
To the Library Director and the Library Board of Trustees
Please describe your concern below. We will investigate it and get back to you with a resolution.
Name________________________________________________________________________________
Address______________________________________________________________________________
Telephone_____________________________________________
E-mail Address__________________________________________
Details of Concern: _____________________________________________________________________
Signature_________________________________________
Date of Resolution________________
Resolution______________________________________________________________________
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