VAN BUREN DISTRICT LIBRARY

Approved by the VBDL Board June 25, 2013 | Replaces policy approved in July 1997.

ELIGIBLE BORROWERS

• Any resident or property owner within the Van Buren District Library legal service area is eligible to receive a free library card from any district library location.  Proper identification will be required of each applicant. An adult must sign a child’s application form until the child reaches the age of 16.
• Van Buren District Library has reciprocal borrowing agreements with several neighboring libraries. A non-resident fee will not be charged for patrons living within those districts.
• Other non-residents may purchase a library card for an annual fee of $45.00 or a semiannual fee of $25.00 per household.
• Library cards are not to be loaned, and are not transferable. Each patron is responsible for every item checked out on his/her library card.
• Lost or stolen library cards should be reported immediately. A handling fee will be charged for replacement.
• Change of address or telephone number should be reported on the next visit to the library.

 LOAN PERIODS

• Library materials may not be checked out unless a patron presents a valid library card or presents sufficient proof of identity, with sufficiency determined by librarian on duty.
• At the time of checkout, each patron will be provided with a list of items checked out and the due dates.
• Books and audio materials will be loaned for a two-week period.
• Periodicals, circulating encyclopedias and DVDs will be loaned for a one-week period. DVDs must be returned to the circulation desk. They are not to be put into the drop box. Children under the age of sixteen years must have a parental signature on record permitting DVD checkout.
• Reference materials may, in certain circumstances, be loaned out overnight or for three days. Check with the librarian for details.
• Loan periods for downloadable digital materials are subject to change by non-VBDL vendors and sources.

RENEWALS

• All circulating materials may be renewed for two additional loan periods if the patron wishes, providing there are no requests waiting.
• Renewals can be made in person, by telephone, or online.

To better serve all library users, we have established rules and standards of acceptable behavior to ensure an environment conducive to library use. Library staff are responsible for maintaining a pleasant atmosphere, and a clean and safe building. Library patrons are responsible for behaving in an acceptable and courteous manner.

Patron behavior becomes unacceptable when it infringes on the rights of others. Unacceptable behaviors include any form of harassment which could result in physical, emotional, or mental injury to oneself or others. Unacceptable behaviors also include any action that could result in damage to the facilities, equipment or materials. Proper attire must be worn at all times, including shirt and shoes.

Violations of this Policy may result in a verbal warning, or in some cases, expulsion from the Library by a member of the Library staff. Failure to comply with the policy after being notified of a violation by a library staff member may result in law enforcement being summoned and violators being prosecuted in accordance with applicable ordinances or laws.

The Library staff may exclude from the use of the Library and/or withhold Library privileges from any and all persons who shall violate this Policy. Such exclusion from the Library or withholding of Library privileges shall occur for a specified period of time based on the severity of the violation and the frequency and the number of prior violations and subject to the guidelines below. “Withholding Library privileges” is defined as meaning that an individual may not enter or use any Van Buren District Library location or may not use certain services of the Library.

Persons who commit succeeding violations of this Policy within a 5 year period may be subject to suspension from the Library or withholding of Library privileges for increased periods of time in accordance with the following guidelines:

1^st Violation: Verbal Warning (no written report) or up to one (1) day suspension from library grounds*

2^nd Violation: Up to three (3) days suspension from library grounds*

3^rd Violation: Up to seven (7) days suspension from library grounds*

4^th Violation: Up to thirty (30) days suspension from library grounds*

5^th Violation: Up to one (1) year suspension from library grounds*

*Unless the severity of the current violation or prior violations warrants increased sanctions

Any patron who loses library privileges as a result of this Policy may appeal the decision within five (5) business days to the Library Director (269-423-4771), whose decision is final.

Examples of unacceptable behavior include, but are not limited to:

1. Disorderly behavior of any kind, including excessive noise and/or noise that disturbs others or boisterous physical behavior
2. Harrassment/physical, sexual, or verbal abuse, in any form, of other library users or library staff
3. Engaging in behavior or language that is offensive, obscene or intimidating to others
4. Abandoning or leaving young children (age 8 and under) unattended. (See Unattended Children Policy).
5. Abusing or vandalizing library facilities, equipment or material
6. Drinking or eating, outside of meeting rooms or library-sanctioned events
7. Intoxication or being under the influence of illegal drugs
8. Chewing or smoking tobacco
9. Loitering or sleeping
10. Using restrooms for bathing
11. Roller blading, scooter use, skating or skateboarding
12. Loitering near or blocking library entrance and exits
13. Soliciting or selling
14. Engaging in illegal activities within the library or on library grounds
15. Using cell phones, gaming, audio or similar devices inside library facilities in a loud or excessive manner
16. Leaving personal property in the library unattended. The library is not responsible for lost, damaged, or stolen property.
17. Entering office or staff areas uninvited
18. Bringing animals into the building, other than trained assistance animals
19. Violating the provisions of the In-House Internet Use Policy, including exceeding computer access time limitations or disregarding requests by library staff to terminate computer use

Adopted: November 25, 2003

“Unattended” means that the parent/care giver is not in the library with the child.

The Van Buren District Library welcomes library use by children. Staff members are available to assist children with library materials or services. The Library desires to provide a safe, inviting and appropriate environment for visitors of all ages. The Library, however, is a public building with staff trained to provide public library services. The Library is not equipped – and it is not the Library’s role – to provide long- or short-term child care. In order to create an environment of safety and maintain an atmosphere where reading and study can be encouraged, the following policy has been established.

For the safety and comfort of children, a responsible adult or care giver over the age of 12 should accompany children age 8 and under while they are using the Library unless that child is participating in a supervised, scheduled program such as story hour or after-school craft-time. While in the Library or on Library property, parents and caregivers are responsible for monitoring and regulating the behavior of their children.

Library staff members will be guided by this policy in situations such as:

• A child age 8 and under is left unattended in the Library
• An unattended child is perceived to be endangering him or herself, or that another person in the library poses a perceived threat to the unattended child
• An unattended child exhibits specific inappropriate behavior
• An unattended child has not been met by a responsible caregiver before closing time

After evaluating the situation, a Library staff member will attempt to contact the parent or guardian of an unattended child. In the event that the parent or guardian cannot immediately be reached, the child will be placed in the care of the local police department or the Van Buren County Sheriff’s Department.

Come in and share the library with your child. We can help you both in your exploration of materials and information. Your consideration for other library users and thought for your child’s safety will help us do our job better for you and the community.

Adopted: July 22, 2014

• All Internet users must agree to the Library’s Internet policy, accessible by way of the computer login page.
• parents or legal guardians of users under the age of 18 are responsible for Internet use by the minor.
• Users are encouraged to bring their library card for convenience in logging onto a computer.
  • Temporary guest Internet passes are available for non-resident, temporary visitors. Picture identification is required. Resident library patrons should apply for a library card rather than regularly requesting guest passes.

• A user may allow one other person at the same workstation.
  • No more than two people are allowed at each Internet computer (where space allows or at librarian’s discretion)
  • The second person shall also abide by the Internet policy
  • Headphones must be used if audio is needed.
• Time limits apply and may be adjusted as needed.
• Files cannot be permanently saved on the Library’s computers.
  • Users are encouraged to save files on flash drives, SD cards, and other removable media, as long as no software installation is required and no report of an active virus is received. These restrictions are necessary to protect against computer viruses, to avoid software conflicts, and to better allocate Library resources.
  • The Library is not responsible for any data loss or damage which might occur to a removable device or medium while it is attached to the Library’s computer.
  • The Library is not responsible for data loss due to time management or connection issues.

Unacceptable Use of Computers and the Internet

• Uses that compromise the safety and security of minors: computer use by minors that may compromise their safety and security when using email, chat rooms, and other forms of direct electronic communications such as providing personal identification information about the minor or others.
• Uses involving unauthorized access (hacking) and other unlawful uses: obtaining or attempting to obtain unauthorized access to computers, networks, sites, or information systems; credit card or retail fraud, and any other unlawful uses or activities online.
• Uses which may cause harm to the Library or another computer system, such as downloading or transmitting malware; using one’s own software programs on the Library’s computers; altering the Library’s computer settings; damaging or modifying the Library’s equipment or software.
• Uses that violate confidentiality of information, including but not limited to the Michigan Library Privacy Act (PA 455,1982; MCL 397.601), as amended, and downloading or transmitting trade secret information or copyrighted materials.
• Access by adults to material which is obscene or constitutes child pornography as defined in federal or state law or court decisions, including but not limited to 18 USC 2256(8), and viewing, transmitting, or downloading such materials, or leaving such materials on an unattended computer screen. Users are further advised that the display of obscene matter may be interpreted by the courts as “sexual harassment.”
• Minors are prohibited from accessing obscene matter or sexually explicit matter harmful to minors.
• In order to comply with PA 212 of 2000 (MCL 397.606) minors are prohibited from accessing or viewing obscene matter (as defined in MCL 752.362) and sexually explicit matter that is harmful to minors (as defined in MCL 722.673 and 722.674).
• The Library filters all Internet connections through a firewall that contains “black lists” of sites which may contain obscene or sexually explicit matter. Adult users of the Library’s computers, 18 and older, may request temporary access to a site that has been overblocked.
• Failing to respect the privacy of other Library computer users, including but not limited to, viewing or attempting to view material being used or viewed by others.
• Failing to follow library policies, procedures and instructions. Failing to login with a valid library card or guest pass, failing to comply with computer use time limitations, failing to follow the directions and instructions of Library personnel.

• Van Buren District Library is not responsible for Internet content.
  • Accuracy and suitability of information may vary.
  • Since no filtering system is infallible, parents/guardians remain responsible for monitoring Internet use by minors.
  • Some sites may not always be available due to high demand or may not be available to the general public. Sites may be discontinued or moved.
• VBDL is not responsible for any credit card liabilities or other financial transactions associated with patron use of the Internet.
• There will be a charge for printed copies, payable at the circulation desk.
• The Library staff cannot provide in-depth computer training.
  • Staff can direct patrons to various Internet resources.
  • A variety of computer books also are available on the Library’s shelves and through interlibrary loan.
• Wireless users are subject to the agreement that appears on the Library’s login page.
• Internet privileges may be suspended for persons owing the Library more than $5.00 in fines and fees.
• Failure to comply with this Policy may result in the loss of Internet privileges. The decision to withhold Internet privileges may be appealed within three (3) days to the Director, whose decision shall be final.

Adopted: June 23, 2015

The Van Buren District Library welcomes the use of its bulletin boards and brochure racks for public notification of events, activities and organizations.

Space is limited. Notices normally should not exceed 8.5” by 11”, and should never exceed 11” x 17”. Priority is given to library-related and local government items. The order of priority is:

1. Library and library-related items.
2. City/village government publications.
3. Other government publications.
4. Non-commercial materials of local, civic, cultural, educational or recreational interest.
5. Lost pets.
6. Free community newspapers and magazines, with or without advertising, containing news and feature articles of local interest. (The Library has limited space for these materials.)

Forms of literature that are ineligible for Library display or distribution include:

1. Items advertising or promoting business or commercial entities, advertisements of businesses, products, or services.
2. Direct requests for contributions for an individual, event, or organization (including non-profit or charitable institutions).
3. Information about any event that is not open to the public.
4. Personal notices, handouts, and advertisements of articles for sale.
5. Job postings and participant requests for medical studies or other research.
6. Signs, brochures, and other materials that include religious or political doctrine.
7. Political campaign materials, except for non-partisan voting guides.
8. Sloppy, unattractive, or worn-out notices.

Procedures

1. All items submitted for posting must comply with this policy.
2. Organizations may mail or deliver their items directly to the Library. Only designated library staff may post or remove materials for public display or distribution.
3. All materials for public display or distribution must include: the organization’s name, address, web address (if applicable), email address (if applicable), and telephone number.
4. Materials left for posting or distribution without library authorization may be discarded.
5. In general, bulletin board notices are accepted for dated material only, not to exceed thirty days (30 days), as space permits.
6. Activities having no specific date may be displayed for a reasonable length of time (as determined by the branch librarian) or up to 30 days.
7. Unused materials will be discarded or recycled.
8. Acceptance of materials for display does not imply the Library’s endorsement of a group or organization, its policies or beliefs.
9. Application of this policy will be based on the judgment of the Library Director or his/her designee.

The Library shall strive to protect the right of the public to freedom of access to information and ideas. Freedom of choice is one of the bases upon which our democracy was built.
A standardized procedure for handling complaints will avoid misunderstanding and rumors, and it will assure a courteous and efficient approach to the situation. Freedom of inquiry is essential, and a person should feel that his/her opinion will be considered, and that his/her interest is welcomed.

Ill. Procedure for reconsideration:

A. When criticism cannot be resolved after an explanation of the selection policy, the person should be asked to fill out the form, Citizen’s Request for Reconsideration of Material. The person will also be informed as to the procedures to be taken so as to assure him/her of a courteous and fair hearing.
B. The completed form should be forwarded to the Director immediately. When the Director has received the form, a committee to review the complaint will be appointed by the chairperson of the Van Buren District Library Board. The committee shall be composed of the following:

1. Two (2) trustees of the Van Buren District Library Board (the legal representatives of the public).
2. The Director
3. One (1) staff member
4. Complainant (if so desired).
5. One lay person as appointed by the Board.

C. If the complainant is present at the meeting, he/she shall be welcome to present his/her views, but shall not vote on the disposition of the material under consideration.

D. The material in question shall be:

1. Read (or viewed or listened to if audio-visual) by all committee members.
2. Reviewed objectively and in its full context.
3. Evaluated in terms of the needs and interests of the public.
4. Be considered in the light of differing opinions.
5. Be subject to the selection criteria.
6. Be considered in light of professional reviewing sources.

E. Material in question will not be withdrawn until a final decision has been reached.
F. The committee’s decision, reached by a simple majority vote, shall be given to the Director for implementation of the decision.
G. The complainant shall be notified in writing as to the committee’s decision.
H. As appeal of the committee’s decision may be made within two (2) weeks to the Van Buren District Library Board. The decision of the Van Buren District Library Board will be final.

Jump to FOIA Summary

Adopted by VBDL Board: June 23, 2015

FREEDOM OF INFORMATION ACT (FOIA)
PROCEDURES & GUIDELINES
Effective July 1, 2015

The following Freedom of Information Act Procedures & Guidelines (“Procedures & Guidelines”) are established pursuant to Resolution No. 2015-2, adopted by the Library Board of the Van Buren District Library (“Library”) on June 23, 2015. In addition, the Library Board shall create, and make publicly available, a written public summary of the specific procedures and guidelines relevant to the general public regarding how to submit written requests to the Library and explaining how to understand the Library’s written responses, deposit requirements, fee calculations, and avenues for challenge and appeal. The Library will post the Procedures & Guidelines and the written public summary on the Library’s website at www.vbdl.org.

SECTION 1 – DEFINITIONS

Act: The Michigan Freedom of Information Act, Act No. 442 of the Public Acts of 1976, as amended.

FOIA Coordinator: The Library Director, as designated by the Library Board pursuant to Section 6(1) of the Act, and any other individual designated by the Library Director pursuant to Section 6(3) of the Act to act on the Library’s behalf in accepting and processing requests for the Library’s public records and in approving a denial under Section 5 of the Act.

Person: An individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. Person does not include an individual serving a sentence of imprisonment in a state or county correctional facility in Michigan or any other state, or in a federal correctional facility.

Public Record: A writing which is prepared, owned, used, in the possession of, or retained by the Library in the performance of an official function from the time it is created and as otherwise defined by the Act. Public record does not include computer software.

Library: Van Buren District Library and its departments, commissions, boards, and committees.

Unusual Circumstances: The need to search for, collect, or appropriately examine or review a voluminous amount of separate and distinct records pursuant to a single request or the need to collect public records from numerous locations apart from the office receiving or processing the request.

Where not otherwise defined, the words and phrases contained in this Procedures & Guidelines shall have the meaning given to them, if any, by the Act.

SECTION 2 – RIGHT TO RECORDS

A person has the right to review public record(s) from the Library as provided in the Act. The request must be in writing and sufficiently describe the public record to enable the FOIA Coordinator to identify the requested public record.

A person has the right to inspect a public record, or receive copies of a requested public record, unless exempted by law or court order. Upon written request, a person will be provided with a reasonable opportunity to inspect the public records provided by the Library. Inspection of public records shall occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, at the Webster Memorial Library (Headquarters), unless otherwise agreed by the FOIA Coordinator in his or her sole discretion. Persons with special needs should contact the FOIA Coordinator beforehand to ensure that arrangements for special needs or reasonable facilities are prepared. The Library Board may make reasonable rules necessary to protect its public records and to prevent excessive and unreasonable interference with the discharge of its functions. When inspecting public records, a person shall not write on, alter, deface, or otherwise place any mark on a public record. The Library shall protect public records from loss, removal, unauthorized alteration, mutilation, or destruction. The Library may require the necessary copying of a public record for inspection in certain instances such as to allow for the redaction of exempt information, to protect old or delicate original records, or because the original public record is a digital file or database not available for public inspection. In such instances, the Library may require the requesting person to pay fees for such copying prior to inspection.

A person may request that copies of a public record be provided subject to the payment of fees as provided in Section 4 of these Procedures & Guidelines and Section 4 of the Act.

A person has the right to subscribe to future issuances of public records that are created, issued, or disseminated by the Library on a regular basis. A subscription shall be valid up to six months, at the request of the subscriber, and shall be renewable.

SECTION 3 – RIGHTS AND OBLIGATIONS OF THE LIBRARY

The Library shall process all written requests for a public record from a person. A request must sufficiently describe a public record so as to enable the FOIA Coordinator to identify and find the requested public record. If a verbal request is made for information that a Library employee believes is available on its website, the employee shall, where practicable and to the best of the employee’s knowledge, inform the requesting party about the Library’s website address. If a request has not been made in writing, the FOIA Coordinator may, but is not obligated to, have the person complete the request form (see FOIA request form, Attachment A). Except as provided herein, the Library will not process a request for public records unless the request is in writing.

The Library shall not deliver a copy of a public record or make a public record available to the requesting person until payment of the fees established under Section 4 of these Procedures & Guidelines and Section 4 of the Act. If the Library delivers a copy or makes a public record available and the requesting person has not made payment at the time, the Library shall be entitled to collect payment from the requesting person by any legal means.

The FOIA Coordinator will provide a certified copy of a public record if a person so requests in writing.

The Act does not require the Library or the FOIA Coordinator to make a compilation, summary, report of information, or create a new public record. Neither the Library nor the FOIA Coordinator is obligated to provide answers to oral or written questions. Unless a person requires the Library to provide copies to the person, the Library may allow for inspection of public records.

The FOIA Coordinator shall keep a copy of all written requests on file for not less than one year.

Whenever copies are made for a requesting party under FOIA, the FOIA Coordinator shall make and keep for its files one extra set of copies thereof, in case it is necessary later to prove exactly which copies were made and given to the requesting party. Such extra set of copies shall be kept by the FOIA Coordinator for at least one (1) year. There shall be no charge or fee to the requesting party for such extra set of copies kept by the FOIA Coordinator.

SECTION 4 – FEES AND DEPOSITS

The Library Board shall adopt, by resolution, a schedule of fees for processing FOIA requests and for providing copies of public records in accordance with the Act. All FOIA requests submitted pursuant to the Act shall be subject to the fees adopted by the Library Board, except any fees as otherwise provided by law. All fees for responding to written FOIA requests shall be itemized in detail on Attachment B (Detailed Cost Itemization). The Library will use the most economical means available for making copies of public records.

The FOIA Coordinator will require that payment be made in full for the allowable fees for processing and responding to a FOIA request before the public record is made available.

The FOIA Coordinator may waive a fee or reduce a fee if it is determined that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public.

The Library may charge for the following six categories of costs associated with processing a FOIA request:

1. Labor costs directly associated with searching for, locating and examining a requested public record, as provided in Section 4(1)(a) of the Act;
2. Labor costs directly associated with a review of a record to separate and delete information exempt from disclosure from information which is not exempt from disclosure, as provided in Section 4(1)(b) of the Act;
3. The actual and most reasonably economical costs of computer discs, computer tapes, or other digital or similar media, as provided in Section 4(1)(c) of the Act;
4. The actual total incremental cost of duplication or publication, not including labor, of paper copies of public records, as provided in Section 4(1)(d) of the Act;
5. The cost of labor directly associated with duplication or publication, including making paper copies, making digital copies, or transferring digital public records to be given to the requesting person on non-paper physical media or through the Internet or other electronic means as stipulated by the requesting person as provided in Section 4(1)(e) of the Act; and
6. The actual cost of mailing for sending a public record in a reasonably economical and justifiable manner as provided in Section 4(1)(f) of the Act.

Labor costs will be calculated based on the following requirements:

• All labor costs will be estimated and charged in 15 minute increments with all partial time increments rounded down. If the time involved is less than 15 minutes, there will be no labor charge.
• Charges for labor costs will be determined by using the hourly wages of the lowest paid public body employee capable of performing the work in the particular instance regardless of who actually performed the labor, as provided in the Act.
• Overtime wages will not be included in labor costs unless agreed to by the requesting person and the overtime wages are clearly noted on the Detailed Cost Itemization (Attachment B).
• Labor costs will include a charge to cover or partially cover the cost of fringe benefits. The Library may add up to 50% to the applicable labor charge amount to cover or partially cover the cost of fringe benefits if it clearly notes the percentage multiplier on the Detailed Cost Itemization (Attachment B) but in no case shall the Library charge more than the actual cost of fringe benefits. If the Library includes the website address for a public record in its written response to the requesting person and the requesting person thereafter requests that the public record be provided to him or her in a paper format or non-paper physical media, the Library shall provide the public records in the specified format but may use a fringe benefit multiplier greater than 50% not to exceed the actual costs of providing the information in the specified format as provided in Section 4(5) of the Act. Overtime costs will not be used to calculate the fringe benefit cost.
• Any public records available to the general public on the Library’s website at the time a request is made are exempt from charges for labor costs for separating and deleting of exempt information.
• The Library shall not charge for labor directly associated with redaction under Section 14 of the Act if the Library knows or has reason to know that it previously redacted the public record in question and the redacted version is still in the Library’s possession.

The cost to provide paper copies of records will be based on the following requirements:

• The cost of paper copies will be calculated as a total cost per sheet of paper and shall be itemized on Detailed Cost Itemization (Attachment B). The cost of paper copies of public records made on standard letter size (8-1/2 by 11”) or legal size (8-1/2 by 14”) paper will be $0.10 per sheet of paper. Copies for non-standard or legal size sheets of paper will reflect actual cost of duplication.
• The Library shall utilize the most economical means available for making copies of public records, including using double-sided printing, if cost saving and available.

The cost to provide records on non-paper physical media when stipulated by the requesting person will be based on the following requirements:

• Computer discs, computer tapes or other digital or similar media will be at actual and most reasonably economical cost for the non-paper media.
• The requirement to provide records on non-paper physical media will not apply if the Library lacks the technological capability necessary to provide the public record on the non-paper physical media stipulated in the particular instance.
• In order to ensure the integrity and security of the Library’s technological infrastructure, the Library will procure any requested non-paper media and will not accept non-paper media from the requesting person.

The cost to mail records to a requesting person will be based on the following requirements:

• The actual cost to mail copies of public records using a reasonably economical and justified means.
• The Library will not charge for expedited shipping or insurance unless specifically stipulated by the requesting person but the Library may charge the least expensive form of postal delivery confirmation.

The FOIA Coordinator will only charge a fee for the cost involved with searching for, examining, or reviewing a public record, and the deletion and separation of exempt from nonexempt information, when such activities will result in an unreasonably high cost to the Library, as determined by the FOIA Coordinator. The fee may include the cost of labor for searching for, examining, or reviewing a public record, and the deletion and separation of exempt from nonexempt information, in response to a request for the inspection of a public record or a request for copies of a public record as permitted by FOIA. In determining what is an unreasonably high cost to the Library, the FOIA Coordinator shall consider the following factors on a case-by-case basis:

• Volume of public records requested;
• The time frame for the public records requested;
• Complexity of searching for, examining, reviewing a public record, and the deletion and separation of exempt from non-exempt information;
• The need to search for, examine, and review public records from different departments or offices of the Library;
• The anticipated hours of labor;
• The available staffing for responding to the request;
• The extent to which the particular request incurs costs greater than the costs incurred for the typical or usual request received by the Library.
• Any other similar factors designated as applicable by the FOIA Coordinator.

A public record search shall be made and a copy shall be furnished without the charge for the first $20.00 of the fee for each request by either of the following:

• An individual who submits an affidavit stating that the person is indigent and receiving specific public assistance or, if not receiving specific public assistance, stating facts showing an inability to pay the cost because of indigency. If the requesting person is eligible for a requested discount, the FOIA Coordinator shall fully note the discount on the detailed itemization described in the Detailed Cost Itemization (Attachment B). If a requesting person is ineligible for the discount, the FOIA Coordinator shall inform the requesting person specifically of the reason for ineligibility in the FOIA Coordinator’s written response. An individual is ineligible for this fee reduction if any of the following apply:
  o The individual has previously received discounted copies of public records from the Library twice during that calendar year.
  o The individual requests the information in conjunction with outside parties who are offering or providing payment or other remuneration to the individual to make the request. The FOIA Coordinator may require a statement by the requesting person in the affidavit that the request is not being made in conjunction with outside parties in exchange for payment or other remuneration.
• A nonprofit organization formally designated by the State of Michigan to carry out activities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, and the Protection and Advocacy for Individuals with Mental Illness Act, Public Law 99-319, or their successors, if the request:
  o Is made directly on behalf of the organization or its clients;
  o Is made for a reason wholly consistent with the mission and provisions of those laws under section 931 of the Mental Health Code, 1974 PA 258, MCL 330.1931; and
  o Is accompanied by documentation of its designation by the State of Michigan, if requested by the FOIA Coordinator.

In either the Library’s initial response or subsequent response to a FOIA request under Section 5(2)(d) of the Act, the Library may require a good-faith deposit from the requesting person before providing the public records if the entire fee estimate or charge authorized under Section 4 of the Act exceeds $50, based on a good-faith calculation of the total fee. The deposit shall not exceed ½ of the total estimated fee, and the Library’s request for a deposit shall include a detailed itemization on the Detailed Cost Itemization (Attachment B). The Library’s response shall also contain a best efforts estimate by the Library regarding the time frame it will take the Library to comply with the Act in providing the public records to the requesting party. If the Library does not respond in a timely manner as described in section 5(2) of the Act, it is not relieved from its requirements to provide proper fee calculations and time frame estimates in any tardy responses.

If the Library has not been paid in full the total fees for copies of public records that the Library has made available to an individual, the Library may require a deposit of up to 100% of the estimated fee before the FOIA Coordinator begins a full public record search for any subsequent written request from that individual if all of the following apply:

• The final fee for the prior written request was not more than 105% of the estimated fee.
• The public records made available contained the information being sought in the prior written request and are still in the Library’s possession.
• The public records were made available to the individual, subject to payment, within the time frame estimate described in the prior request.
• Ninety (90) days have passed since the Library notified the individual in writing that the public records were available for pickup or mailing.
• The individual is unable to show proof of prior payment to the Library.
• The FOIA Coordinator calculates a detailed itemization on Attachment B (Detailed Cost Itemization) that is the basis of the current written requests’ increased fee deposit.

The Library will no longer require an increased estimated fee deposit from an individual as provided above if any of the following apply:

• The individual is able to show proof of prior payment in full to the Library.
• The Library is subsequently paid in full for the applicable prior written request.
• 365 days have passed since the individual made the written request for which full payment was not remitted to the Library.

The Library has limited in-house capabilities for copying photographs, audio or video tapes, microforms, maps, or plans. If a person requests that copies be made of these or large documents which must be copied off-site, the FOIA Coordinator will determine and assess those costs. If an officer or employee of the Library is required to deliver and/or pick up the public records and/or copies of public records, the labor hours spent and applicable mileage (at Library rates) will also be applied to the charges of the person(s) requesting the public records.

If the Library does not employ a person or firm capable of separating and deleting exempt from non-exempt information, the Library may use contracted persons or firms to perform this task. In such case, the Library may treat the necessary contract labor costs in the same manner as employee labor costs if the FOIA Coordinator clearly notes the name of the contracted person or firm in Attachment B (Detailed Cost Itemization) provided that the total contracted labor costs will not exceed six (6) times the State of Michigan hourly minimum wage. Contracted persons or firms may include attorneys who are required to separate and delete exempt from non-exempt information.

Charges for labor costs shall be reduced by 5% for each day that the Library exceeds the time permitted in responding to a FOIA request under Section 5(2) of the Act, up to a 50% maximum reduction, if either of the following applies:

• The late response was willful and intentional; or
• The written request, within the first 250 words of the body of a letter, facsimile, electronic mail, or electronic mail attachment, or specifically included the words, characters, or abbreviations for “freedom of information”, “information”, “FOIA”, “copy” or a recognizable misspelling of such, or legal code reference to MCL 15.231 et seq. or 1976 Public Act 442 on the front of an envelope or in the subject line of an email, letter, or facsimile cover page.

If such a reduction is required for a late response, the FOIA Coordinator shall fully note the reduction on Attachment B (Detailed Cost Itemization).

The FOIA Coordinator shall not charge additional fees for certification of any copies.

A person who has subscribed to future issuances of regularly published public records pursuant to Section 3(1) of the Act may request that the public record, be sent to them or they may be called for pickup of the public record provided, however, that copy fees and mailing charges for such public records must be paid before the requested public record is sent or picked up by the person.

SECTION 5 – PROCEDURES OF THE PUBLIC BODY IN PROCESSING A FOIA REQUEST

After a person has made a written request for a public record in accordance with the Act, the FOIA Coordinator shall respond within five (5) business days after its receipt. A written request made by facsimile, electronic mail, or other electronic transmission is not considered received by the FOIA Coordinator until one (1) business day after the electronic transmission is made, as provided in the Act. A written request sent by email and delivered to the Library’s spam or junk folder is not considered received by the Library until one (1) day after it first becomes aware of the written request. The Library will note in its records both the time a written request is delivered to its spam or junk mail folder and the time that it first becomes aware of that request.

A person making a written request for a public record may stipulate that the public records be provided on non-paper physical media, electronically mailed, or otherwise electronically provided to him or her in lieu of paper copies. This requirement shall not apply if the Library lacks the technological capability necessary to provide records on the particular non-paper physical media stipulated in the particular instance. If public records are provided on non-paper physical media, electronically mailed or otherwise electronically provided in lieu of paper copies as stipulated by the person making the request, the Library may charge more than the 50% fringe benefit multiplier (not to exceed actual cost) as provided in Section 4(5) of the Act.

If a verbal request is made for information that a Library employee believes is available on its website, the employee shall, where practicable and to the best of the employee’s knowledge, inform the requesting party about the Library’s website address.
Where a written request is received which does not sufficiently describe the public records requested so as to enable the FOIA Coordinator to identify and find the public record, FOIA Coordinator will notify the requesting person of the need for a clarification. Such notice, if sent, shall not be interpreted as a denial of the request for purposes of the Act or these Procedures & Guidelines. Any clarification will be considered a new FOIA request subject to the timelines described in this Section and the Act.

The FOIA Coordinator will process written requests for a public record by responding within five (5) business days of receipt in one of the following five ways:

1) Grant the request.
If the request indicates that the person desires to inspect the public records, the FOIA Coordinator will contact the person to arrange for inspection at a reasonable time during normal office hours.
If the request indicates that the person is requesting copies of a public record, the FOIA Coordinator will forward notification to the requesting person indicating the amount due and where the documents may be released upon payment of the applicable fees. However, if the request is estimated to generate entire fees of $50 or more, the FOIA Coordinator may require fifty percent (50%) of the estimated charges be deposited in advance of the processing of the request provided, however, that in the request for the deposit, the FOIA Coordinator shall include a detailed itemization of the estimated fees (using Attachment B/Detailed Cost Itemization) and a “best efforts” estimate of a nonbinding time frame for providing the public records. The FOIA Coordinator will not process the request unless and until the deposit is made. The balance of the fees must be paid prior to release of documents.

2) Issue a written notice denying the request. The FOIA Coordinator may use the form attached as Attachment D for this purpose. The notice of the denial shall include:

• an explanation as to why the requested public record is exempt from disclosure in accordance with the Act, or
• a certificate that the requested public record does not exist under the name given by the requesting person or by another name reasonably known to the Library, or
• a description of a public record or information which had to be separated or deleted from the public record pursuant to Section 14 of the Act.
• In addition to the explanations noted above, the denial shall also include a full explanation of the person’s right to appeal the denial to the Library Board and to seek judicial review in accordance with Section 10 of the Act.

3) Grant the request in part, and issue a written notice denying the request in part. In the latter instance, the public records exempted from disclosure shall be treated as in subsection (2) above.

4) Issue a written notice extending the time in which to respond to the request by ten (10) business days. The FOIA Coordinator may use the form attached as Attachment C for this purpose. The notice will specify the reasons for the extension and the date by which the Library will grant the request, deny the request, or grant in part and deny in part the request. The Library shall not issue more than one such notice of extension for a particular request.

5) Issue a written notice indicating that all or a portion of a requested public record is available at no charge on the Library’s website. To the degree practicable, the written response shall include a specific webpage address where the requested information is available. On Attachment B (Detailed Cost Itemization), the FOIA Coordinator shall separate the requested public records that are available on the Library’s website from those that are not available on the website and shall inform the requesting party of the additional charge to receive copies of the public records that are available on its website. If the Library has included the website address for a public record in its written response to the requesting person and the requesting person thereafter stipulates that the public record be provided to him or her in a paper format or non-paper physical media, the Library shall provide the public records in the specified format but may use a fringe benefit multiplier greater than 50% not to exceed the actual costs of providing the information in the specified format as provided in Section 4(5) of the Act.

Failure to respond to a written request in a timely manner as required by Section 5(2) of the Act constitutes a denial of the request if either of the following apply:

• The failure was willful and intentional; or
• the written request included language that conveyed a request for information within the first 250 words of the body of a letter, facsimile, electronic mail, or electronic mail attachment, or specifically included the words, characters, or abbreviations for “freedom of information”, “information”, “FOIA”, “copy”, or a recognizable misspelling of such, or appropriate legal code reference to the Act, on the front of an envelope or in the subject line of an electronic mail, letter, or facsimile cover page.

A copy of these Procedures & Guidelines and the written public summary of these Procedures & Guidelines shall be furnished free of charge to the requesting party in response to a written FOIA request and upon request by visitors at the Webster Memorial Library and other Library branches. In lieu of providing paper copies of the Procedures & Guidelines and the written public summary thereof in response to a written FOIA request, the FOIA Coordinator may include the Library website link to the Procedures & Guidelines and the written public summary of the Procedures & Guidelines.

SECTION 6 – PROCEDURES FOR SEPARATION OF RECORDS

If a request is made for an existing public record that includes information which is exempt from disclosure under the Act and information which is not exempt, the FOIA Coordinator must separate the material and make the nonexempt material available for inspection and copying. As provided in Section 4 of these Procedures & Guidelines, the FOIA Coordinator may use contracted persons or firms to separate and delete exempt from non-exempt information if the Library does not employ a person or firm capable of performing this task. Additionally, if the separation is readily apparent to a person requesting to inspect or receive copies, the FOIA Coordinator shall generally describe the material exempted unless doing so would reveal the contents of the exempt information and thus defeat the purpose of the exemption.

SECTION 7 – FOIA COORDINATOR

The FOIA Coordinator shall be responsible to accept and process requests for public records and approve denials in accordance with Sections 5(4) and (5) of the Act.

SECTION 8 – APPEALS-DENIALS

In accordance with the Act, where a person’s request for a public record is denied, in whole or in part, the person shall be entitled to file a written appeal on the decision in accordance with the following process:

• The person shall be advised by the FOIA Coordinator of the right to file a written appeal to the Library Board as “the head of the public body” which shall specifically state the word “appeal” and identify the reason(s) for reversal of the denial. The person making the appeal may use the form attached as Attachment E.
• The Library Board is not considered to have received a written appeal until the first regularly scheduled meeting of the Library Board following submission of the written appeal.
• In its consideration of any written appeal, the Library Board shall review the materials submitted by the appellant, any written comments received from the FOIA Coordinator, any other information as the Library Board deems necessary, and within ten (10) business days after receiving the written appeal as provided above, take one of the following actions:
  o reverse the disclosure denial, or
  o issue a written notice to the requesting person upholding the disclosure denial, or
  o reverse the disclosure denial in part and issue a written notice to the requesting person upholding the denial in part, or
  o under unusual circumstances, issue a notice extending for not more than ten (10) business days the period during which the Library Board will respond to the written appeal. The Library Board shall not issue more than one notice of extension for a particular written appeal.

Whether or not a person has submitted an appeal under this Section, the person may choose to commence an action in the Circuit Court to compel the Library’s disclosure of public records as provided in Section 10 of the Act.

SECTION 9-APPEALS-FEES

If a requesting person believes that the Library is requiring a fee that exceeds the amount permitted under these Procedures & Guidelines or Section 4 of the Act, the requesting person may submit to the Library Board as the “head of the public body” a written appeal for a fee reduction that specifically states the word “appeal” and identifies how the required fee exceeds the amount permitted. The person making the appeal may use the form attached as Attachment F. The Library Board is not considered to have received a written appeal until the first regularly scheduled meeting of the Library Board following submission of the written appeal.

Within 10 business days after receiving a written appeal challenging fees, the Library Board shall do one of the following:

• Waive the fee.
• Reduce the fee and issue a written determination to the requesting person indicating the specific basis under Section 4 of the Act that supports the remaining fee. The determination shall include a certification from the Library Board that the statements in the determination are accurate and that the reduced fee amount complies with these Procedures & Guidelines and Section 4 of the Act.
• Uphold the fee and issue a written determination to the requesting person indicating the specific basis under Section 4 of the Act that supports the required fee. The determination shall include a certification from the Library Board that the statements in the determination are accurate and that the fee amount complies with these Procedures & Guidelines and Section 4 of the Act.
• Issue a notice extending for not more than 10 business days the period during which the Library Board must respond to the written appeal. The notice of extension shall include a detailed reason or reasons why the extension is necessary. The Library Board shall not issue more than 1 notice of extension for a particular written appeal.

Within 45 days after receiving notice of the Library Board’s determination of an appeal regarding fees under this Section or the Library Board’s failure to act timely on the appeal as required by Section 10a(2) of the Act, the person who filed the appeal may commence a civil action as provided in Section 10a of the Act. If a civil action is commenced against the Library under this Section, the Library is not obligated to complete the processing of the written request for the public record at issue until the court resolves the fee dispute.

As used in this Section, “fee” means the total fee or any component of the total fee calculated under Section 4 of the Act, including any deposit.

SECTION 10-INTERPETATION AND EFFECTIVE DATE

These Procedures & Guidelines are intended to fully comply with the Act. In the event of any inadvertent inconsistency between the Act and these Procedures & Guidelines, the Act shall control.

These Procedures & Guidelines shall become effective as of July 1, 2015.

SECTION 11 – FORMS
The following forms attached hereto are incorporated into these Procedures & Guidelines:

Attachment A FOIA Request for Public Records Form

Attachment B Detailed Cost Itemization

Attachment C Notice to Extend Time for a FOIA Request

Attachment D Notice of Denial of FOIA Request

Attachment E FOIA Appeal Form-To Appeal of a Denial of Records

Attachment F FOIA Appeal Form-To Appeal an Excess Fee

Click here for PDF of forms

The FOIA Coordinator may use the forms in substantially the form attached as Attachments A through F in processing FOIA requests. The FOIA Coordinator may modify the forms attached as Attachments A through F as necessary or appropriate to conform the forms to these Procedures & Guidelines or the Act or to otherwise improve the forms for use by the FOIA Coordinator and the public.

VAN BUREN DISTRICT LIBRARY
WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES & GUIDELINES
Effective July 1, 2015

Pursuant to the requirements of the Freedom of Information Act (FOIA), the following is the Written Public Summary of Van Buren District Library’s FOIA Procedures & Guidelines relevant to the general public regarding how to submit written FOIA requests to the Library and explaining how to understand the Library’s written responses, deposit requirements, fee calculations, and avenues for challenge and appeal. This Written Public Summary shall be available on the Library’s website at www.vbdl.org.

1. Process for Submitting FOIA Requests:

• Requests to inspect or obtain copies of public records prepared, owned, used, possessed or retained by the Library must be submitted in writing.
• A request must sufficiently describe a public record so as to enable the Library to find it.
• No specific form to submit a written request is required. However, a FOIA Request form for your use and convenience is available on the Library’s website at www.vbdl.org.
• Written requests can be made in person by delivery to the Library in person or by mail to the Library Director at 200 North Phelps Street, Decatur, MI 49045.
• Requests may also be made by facsimile to the Library Director at the following fax number: (269) 423-8373.
• A request may also be submitted by e-mail to the Library Director at rwieber@vbdl.org.

Note: If you are serving a sentence of imprisonment in a local, state or federal correctional facility you are not entitled to submit a request for a public record.

2. The Library’s Response to FOIA Requests:

o Within 5 business days of receipt of a FOIA request, the Library will issue a response. If a request is received by facsimile or e-mail, the request is deemed to have been received on the following business day. The Library will respond to your request in one of the following ways:

• Grant the request.
• Issue a written notice denying the request.
• Issue a notice that the Library is extending the time for responding by an additional 10 business days.
• Grant the request in part and issue a written notice denying in part the request.
• Issue a written notice indicating that the public record requested is available at no charge on the Library’s website.

o If the request is granted, or granted in part, the Library will require that payment be made for the allowable fees associated with responding to the request before the public record is made available.

3. Fee Deposit Requirements:

o If the Library has made a good faith calculation that the total estimated fee for processing the request exceeds $50.00, the Library may require that you provide a deposit in the amount of 50% of the total estimated fee. When the Library requests the deposit, it will provide you a non-binding best efforts estimate of how long it will take to process the request following receipt by the Library of your deposit.

o If the Library receives a request from a person who has not paid the Library for copies of public records made in fulfillment of a previously granted written request, the Library may require a deposit of 100% of the estimate processing fee before it begins to search for the public record for any subsequent written request when all of the following conditions exist:

• The final fee for the prior written request is not more than 105% of the estimated fee;
• The public records made available contained the information sought in the prior written request and remain in the Library’s possession;
• The public records were made available to the individual, subject to payment, within the time frame estimated by the Library to provide the records;
• 90 days have passed since the Library notified the individual in writing that the public records were available for pickup or mailing;
• The individual is unable to show proof of prior payment to the Library; and
• The Library has calculated an estimated detailed itemization that is the basis for the current written request’s increased fee deposit.

o The Library will not require the 100% estimated fee deposit if any of the following apply:

• The person making the request is able to show proof of prior payment in full to the Library;
• The Library is subsequently paid in full for all applicable prior written requests; or
• 365 days have passed since the person made the request for which full payment was not remitted to the Library.

4. Fees for Processing FOIA Requests:

o The FOIA Coordinator will require payment in full for the allowable fees for processing and responding to a FOIA request before the public record is made available.

o FOIA permits the Library to charge and collect a fee for the following six categories of costs associated with responding to a FOIA request:

• Labor costs directly associated with searching for, locating and examining a requested public record.
• Labor costs directly associated with a review of a record to separate and delete information exempt from disclosure from information which is not exempt from disclosure.
• The actual and most reasonably economical cost of computer discs, computer tapes or other digital or similar media.
• The actual total incremental cost of duplication or publication, not including labor, of paper copies of public records.
• Labor costs directly associated with duplication or publication including making paper copies, making digital copies, or transferring digital public records to the requesting person in non-paper physical media or through the Internet or other electronic means.
• The cost to mail or send a public record to a requestor.

o Labor Costs

• All labor costs will be estimated and charged in 15 minute increments with all partial time increments rounded down. If the time involved is less than 15 minutes, there will be no labor charge.
• Labor costs will be charged at the hourly wage of the lowest-paid employee capable of performing the work in the specific instance, regardless of who actually performs the labor.
• Labor costs may also include a charge to cover or partially cover the cost of fringe benefits up to 50% of the labor charge amount but not to exceed the actual fringe benefit cost.

o Non-paper Physical Media

• The cost for records provided on non-paper physical media, such as computer discs, computer tapes or other digital or similar media will be at the actual and most reasonably economical cost for the non-paper media.
• This cost will be charged only if the Library has the technological capability necessary to provide the public record in the non-paper physical media format.

o Paper Copies

• The cost of paper copies of public records made on standard letter (8 ½ x 11) or legal (8 ½ x 14) sized paper will not exceed $.10 per sheet of paper. Copies for non-standard sized sheet paper will reflect the actual cost of duplication.
• The Library will utilize the most economical means available for making copies of public records, including using double-sided printing, if cost saving and available.

o Mailing Costs

• The Library will charge the actual cost to mail public records using a reasonably economical and justified means.
• The Library will not charge for expedited shipping or insurance unless requested by the requesting person but the Library may charge the least expensive form of postal delivery confirmation.

o A fee will not be charged for the cost of search, examination, review and the deletion and separation of exempt from nonexempt information unless failure to charge a fee would result in unreasonably high costs to the Library because of the nature of the request in the particular instance, and the Library specifically identifies the nature of the unreasonably high costs.

o The FOIA Coordinator may waive or reduce a fee if it is determined that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public.

5. Eligibility for Fee Reduction:

o The Library will waive the first $20.00 of the processing fee for a request if you submit an affidavit stating that you are:

• Indigent and receiving specific public assistance; or
• If not receiving specific public assistance, stating facts demonstrating an inability to pay because of indigency.

o You are not eligible to receive the $20.00 waiver based on indigency if you:

• Have previously received discounted copies of public records form the Library twice during the calendar year; or
• Are requesting information on behalf of other persons who are offering or providing payment to you to make the request.

o The Library will waive the first $20.00 of the processing fee for a request if you are a nonprofit organization designated by the State of Michigan to carry out certain activities and your request satisfies certain criteria. (Please see the full Procedures & Guidelines for more information).

6. Appeals-Denials of FOIA Request:

If you believe that all or a portion of a public record has not been disclosed or has been improperly exempted from disclosure, you may file a written appeal of the denial with the Library Board (c/o the Library Director). The appeal must be in writing, specifically state the word “appeal” and identify the reason or reasons you are seeking a reversal of the denial. The Library Board is not considered to have received the written appeal until the first regularly scheduled Library Board meeting after the submission of the written appeal.

Within 10 business days of receiving the written appeal, the Library Board will respond in writing by:

• Reversing the disclosure denial;
• Upholding the disclosure denial; or
• Reverse the disclosure denial in part and uphold the disclosure denial in part.
• Under unusual circumstances, issue a notice extending for not more than ten (10) business days the period during which the Library Board will respond to the written appeal. The Library Board shall not issue more than one notice of extension for a particular written appeal.

Whether or not you submitted an appeal of a denial to the Library Board, you may file a civil action in Circuit Court to compel the Library’s disclosure of public records as provided in Section 10 of the Act.

7. Appeals-Fees:

If you believe that the fee charged by the Library to process your FOIA request exceeds the amount permitted by FOIA, you must first submit a written appeal for a fee reduction to the Library Board (c/o the Library Director). The appeal must be in writing, specifically state the word “appeal” and identify how the required fee exceeds the amount permitted. The Library Board is not considered to have received a written appeal until the first regularly scheduled meeting of the Library Board following the first regularly scheduled meeting of the Library Board following submission of the written appeal.
Within 10 business days after receiving the appeal, the Library Board will respond in writing by:

• Waiving the fee;
• Reducing the fee and issue a written determination indicating the specific basis that supports the remaining fee;
• Upholding the fee and issue a written determination indicating the specific basis that supports the required fee; or
• Issuing a notice detailing the reason or reasons for extending for not more than 10 business days the period during which the Library Board will respond to the written appeal. The Library Board will not issue more than one notice of extension for a particular written appeal.

Within 45 days after receiving notice of the Library Board’s determination of the processing fee appeal or the Library Board’s failure to timely act on the written appeal as required by Section 10a(2) of the Act, you may commence a civil action in Circuit Court for a fee reduction. If you file such a civil action, the Library is not obligated to complete the processing of the written request for the public record at issue until the court resolves the fee dispute.

More Detail and Information:
This is only a summary of the Library’s FOIA Procedures & Guidelines and does not necessarily reflect all provisions of the Procedures & Guidelines. For more details and information, complete copies of the FOIA Procedures & Guidelines are available at no charge at the Library and on the Library’s website at www.vbdl.org