Policy on Access to Public Records Policy
Indiana Code 5-14-3:
Access to public records is governed by Indiana Code 5-14-3. In accordance with the Indiana
Code, any individual may inspect and copy the public records of the Clinton Public Library during Library Hours. Some records are exempt from public disclosure under the Indiana Code, including but not limited to library or archival records which can be used to identify any library patron.
Policy and Procedure:
The library must permit inspection and/or copying of public records when a written request is made in person. The law only applies to existing records. For a list of the types of records available to be examined, and those exempt from public disclosure, see I.C. 5-14-3.
Requests must be made in writing, must include the name and telephone number of the individual requesting the record(s), and must identify “with reasonable particularity” the record(s) being requested. The requesting individual will need to include an email address and/or mailing address on the written request. The requesting individual may mail or bring the request with them to the library to make the request in person.
Requests will be directed to staff designated by the library as being responsible for public records release decisions. In-person requests will be responded to within 24 hours. Requests that are not received in person, will be responded to within seven calendar days of the receipt of the request. The library’s initial response may be to simply acknowledge the request. Designated staff may contact the individual making the written request to acknowledge the request, communicate progress in producing the record(s), gather more information about what is being requested, communicate if more time will be needed to access the record(s), set up an appointment for reviewing record(s), or to deny the request. The library will produce the record(s) or deny the request in a reasonable period of time.
Records must be reviewed in the location set by the library. An individual may copy records, but may not remove documents or add documents to those provided for review. The library has the responsibility to protect the security of public records in its custody, and may require that a staff member be present during any inspection of records or copying of records.
A fee of $.10 per black and white page will be charged to all persons desiring to make copies or prints of the library’s public records using the library’s equipment. Payment must be paid at the time copying is done. Fees are governed by Indiana Code 5-14-3-8.
Requests for records that are in active use, in storage, or not easily accessible may cause a delay in producing the documents. Records must be identified “with reasonable particularity”. A
request that is too broad or vague may be denied or may cause a delay in producing the documents.
Requests for records that are exempt from public disclosure under the Indiana Code and records which can be used to identify any library patron will be denied. Denials must be made in writing and include the reason for the denial and, if applicable, a statement of the specific exemption or exemptions authorizing withholding all or part of the public record(s).
Exempt Records:
Materials declared confidential by state or federal statute as outlined in I.C. 5-14-3-4 are exempt from disclosure. In addition, the following records are exempt from public disclosure and will not be made available for public inspection:
• Work products of an attorney representing the Library
• Computer programs, codes filing systems, and other software owned or entrusted to the library.
• Administrative or technical information which could jeopardize a recordkeeping or security system.
• Records prepared for or created during discussion at any legally called executive session.
• Certain documents contained in personnel files.
• Some records are exempt from disclosure by law (IC 5-14-3-4). Requests to inspect or receive copies of such records will be denied unless access is ordered by a court under the rules of discovery. These records include, but are not limited to: a. Personnel files of employees and files of applicants for employment except for: i. The name, compensation, job title, business address & telephone number, job descriptions, education and training background, previous work experience or dates of first and last employment of present or former officers or employees of the library. ii. Information relating to the status of any formal charge against the employee. iii. Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged. However, all personnel file information shall be made available to the affected employee or the employee’s representative.
• Records that are of an advisory or deliberative nature, including material developed by a private contractor under a contract with the Library, records that are expressions of opinion or are of a speculative nature, and records that are communicated for the purpose of decision making.
• Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal.
• The identity of a donor of a gift made to the library if the donor requires anonymity a condition of making the gift or if after a gift is made, the donor or a member of the donor’s family requests nondisclosure.
• Any library records which can be used to identify any patron.
o The Library Board of Trustees specifically recognizes its circulation records and other records identifying the name of library users to be confidential in nature,
in accordance with provisions in I.C. 5-14-3-4(b) and IC 5-14-3-4(b)(16).
o Further, the Board subscribes to the American Library Code of Ethics, which states in part that “We protect each library user’s right to privacy and confidentiality with respect to information sought or received and materials consulted, borrowed, acquired or transmitted.”
o All library employees are advised that such records, shall not be made available to any agency of state, federal, or local government except pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal state or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power.
o Upon receipt of such process, order or subpoena, the library’s director or assistant director will consult with their legal counsel to determine if such process, order, or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be cured.
o This policy shall not be construed as a guarantee by the library to its patrons of any absolute right to privacy. The library is not responsible for information gained from a patron record by anyone other than the patron, if the patron has lost or loaned his/her card or if someone has obtained the patron information by illegal or inappropriate methods. However, records of minors can be disclosed only to their legal guardians with proof of proper identification.
o In addition, a legal guardian and/or parent of a child may also have access to the child’s records concerning currently checked out materials and fines. The library will not allow a noncustodial parent access to the child’s library records if a court has terminated the parent’s legal rights and the library has received a copy of the court order or has actual knowledge of the court order.
Library staff members are not authorized to disclose exempt records to any third party, except as set forth herein, and shall consult with the library’s legal counsel prior to responding to such requests.
The Library must permit inspection and or copying of the following library records, only when presented with proper identification and a court order, otherwise these records are to stay confidential. (IC5-14-3-4(b)(16).
Any records identifying library patrons, including but not limited to:
· Computer Sign Up Sheets
· Patron Registration Records
· Fax Sign Up Sheets
· ILL Records
· Circulation Records (including fines and over dues)
· Video surveillance footage used to identify a patron
· Certain documents contained in Personnel Records
The library will not charge any fee to inspect a public record; or to search for, examine, or review a record to determine whether the record shall be disclosed.
· Photocopies, letter or legal size: $.10 per page
· Photocopy, ledger size: $.20 per page
· Photocopy, color: $.25 per page
· Email transmission: No charge (Email transmission is only available if the record(s) is in electronic format suitable for duplication on such medium.)
Reviewed/Approved by the Library Board: August 26, 2025
———————————————————————————————-
PUBLIC RECORDS REQUEST FORM (Print Version)
PUBLIC RECORDS REQUEST FORM (ONLINE)
Requests must be made in writing, must include the name and telephone number of the individual requesting the record(s), and must identify “with reasonable particularity” the record(s) being requested. The requesting individual will need to include an email address and/or mailing address on the written request. The requesting individual may mail or bring the request with them to the library to make the request in person.
Requests will be directed to staff designated by the library as being responsible for public records release decisions. In-person requests will be responded to within 24 hours. Requests that are not received in person, will be responded to within seven calendar days of the receipt of the request. The library’s initial response may be to simply acknowledge the request. Designated staff may contact the individual making the written request to acknowledge the request, communicate progress in producing the record(s), gather more information about what is being requested, communicate if more time will be needed to access the record(s), set up an appointment for reviewing record(s), or to deny the request. The library will produce the record(s) or deny the request in a reasonable period of time.
