ALIVE: Module 4 ETHICS IN THE REAL WORLD Where does ethical behavior start/stop and legal requirements begin

Housekeeping  Please ask questions by using the chat function or by raising your hand  Please use your phone or headset, not the speakerphone or computer microphone  Please feel free to contact us after the presentation with any questions or comments

Module 4 Groupwork Recap  What are some of the ethical issues you face on a daily basis in your library?

One's interpretation of law will necessarily influence the interpretation of ethics, and vice- versa. Plato

Think about this:  Morals: Motivation based on the idea of right and wrong  Values: Beliefs of a person or social group in which they have an emotional investment  Ethics: The rules or standards governing the conduct of a person or the members of a profession

How do other professions figure it out?  Lawyers  Doctors  Teachers  Accountants

Professionals Gone Bad  4/6/10: Attorney engaged in conflicts of interest based on business and personal relationships and did not disclose those conflicts to her clients.

 2/11/09: Dr. fails to maintain adequate records and receives a reprimand from the Arizona Medical Board.  1/5/09: Nurse’s certificate revoked due to unprofessional conduct, failure to cooperate, and failure to comply with board order.

What guides Librarians?  Ethical (policies) ALA  Legal (procedures) Federal law State law

Privacy of user records; exceptions; violation; classification A. Except as provided in subsection B, a library or library system supported by public monies shall not allow disclosure of any record or other information which identifies a user of library services as requesting or obtaining specific materials or services or as otherwise using the library. B. Records may be disclosed: 1. If necessary for the reasonable operation of the library. 2. On written consent of the user. 3. On receipt of a court order. 4. If required by law. C. Any person who knowingly discloses any record or other information in violation of this section is guilty of a class 3 misdemeanor.

What is reasonable?  Discussion:

Mesa Community College Library The Libraries general practice is to protect the patron's right to privacy. Library staff will not disclose who has an item checked out. It is the Libraries policy to maintain the confidentially of borrowers' records, however, in the case of Reserve materials subsection B.1 of the Arizona statute will be invoked. When an individual borrower's abuse of library privileges infringes on the needs of other members of the college community, the Libraries reserve the right to disclose the borrower's name to appropriate individuals such as a dean or member of the college faculty. Decisions regarding implementation of this option are the responsibility of the Library Director.

Estrella Mountain Community College Library  The Library's general practice is to protect the library user's right to privacy. It is the Library's policy to maintain the confidentiality of borrowers' records. An exception to this rule exists for delinquent reserve materials. Reserve materials are assigned for use by a a specific group of users in a limited time frame. If reserve items are overdue, the Library may be required to invoke ASRS B.1 to disclose borrower information to the faculty member who placed the items on reserve, to enlist the faculty member's assistance in recovering the items more quickly. This is not a confidentiality issue, as there is an expectation that all members of the class will use the materials in question.  To protect the confidentiality of borrower records and to conform with MCCCD, state, and federal legal requirements to privacy, the Library will not release borrower records to third- parties other than the borrower. In this context, third-parties include but are not limited to parents, guardians, spouses, and domestic partners.

 The Pima County Library District protects, to the greatest extent possible, the privacy of every library customer. Library staff will not ask about the purpose of a customer’s request, except when necessary to provide better service.  Library circulation records are kept to protect public property. Such records are not used directly or indirectly to identify the kinds of materials used by individual library customers. Records controlling access to computers are generally private and confidential. Library staff will not respond to requests about a library customer’s use of the library’s collection or computers from a third party or any agency of government, unless:  1. Specifically required by law;  2. Pursuant to a valid Court Order; or,  3. Necessary for the reasonable operation of the library.

Maricopa County Law Library  INFORMATION THE LIBRARY OBTAINS FROM YOU.  Horizon Information Portal. The Library’s Web- based online catalog system  automatically creates and stores transaction logs. Transaction logs may include the  following information:  The Internet Protocol address and domain name you used.  The date and time you visited our sites and the duration of your visit.  The web pages or services you accessed.  The web site you were at prior to visiting our web site.  Any forms or requests that you may have submitted.

Scottsdale Public Library  If a City Library patron is a victim of a crime committed at a City Library or the City Library itself is a victim of a crime and the suspect is a Library patron, the police will not be required to obtain a court order to obtain the name, address and telephone numbers of the suspect, because the exception of “if necessary for the reasonable operation of the library” to the privacy law shall apply. The release of this information is necessary under these circumstances to effectively investigate crimes against the Library or its patrons.

Has there ever been a REALLY bad librarian?  A.R.S (A)(3): A sentence for imprisonment for not more than 30 days.  A.R.S (C): A sentence to pay a fine fixed by the court, not more than five hundred dollars.

Final Thoughts

Next Steps  ALIVE Module 5: Reaching Reluctant Readers Holly Henley-June 3rd