Thanks to Marian R. Bauman, Director of Neptune Public Library, for bringing this to our attention.

Subject: Letter to mayor that might have implications for libraries

http://editor.ne16.com/vo/?FileID=d492ca80-9264-4942-8dab-0552a2211e3e&m=735f97d08e5eb7478893c5771d05d505&MailID=23037397

In preparation of any questions you might get regarding this memo, you may want to review the following information. Please note that association libraries are covered by NJSA 18A:73-43.1 & 2 (confidentiality of library users’ records), and should comply with OPRA as a best practice if accepting public funds.

Best wishes,

Victoria

1. Library records including names and address as well as borrowing history are NOT “OPRAble” (see NJSA 18A:73-43.1 & 2).

NJSA 18A:73-43.1. Definitions; For the purposes of this act:

a. "Library" means a library maintained by any State or local governmental agency, school, college, or industrial, commercial or other special group, association or agency, whether public or private.

b. "Library record" means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.

L.1985, c. 172, § 1.

NJSA 18A:73-43.2. Confidentiality of library users' records; Library records which contain the names or other personally identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstances:

a. The records are necessary for the proper operation of the library;
b. Disclosure is requested by the user; or
c. Disclosure is required pursuant to a subpoena issued by a court or court order.

L.1985, c. 172, § 2.

2. Record retention schedules for libraries may be found at (http://ldb.njstatelib.org/Library_Law/index.php) under “Part 7: Miscellaneous.” There is a file for “Record Retention for Public Libraries” as well as “Records Retention Schedule General Muni Agencies”.

3. The official site for OPRA is http://www.nj.gov/grc/public/.

4. Under OPRA, the custodian of government records must comply with the request "as soon as possible," but no later than seven business days after the request is received. If the record is in storage or archived (and thus may take longer to retrieve), the custodian will advise the requester of that fact within seven business days and tell the requester when the record will be available. The request form, signed and dated by the custodian, will serve as evidence of the transaction in case the request is denied and the requester decides to appeal that decision.

5. A Model Request Form may be found  at http://www.nj.gov/grc/custodians/request/.

6. Other exemptions aside from NJSA 18A:73-43.1 & 2 may be found at http://www.nj.gov/grc/public/exempt/.

Victoria Rosch

Associate State Librarian

New Jersey State Library

vrosch@PROTECTED 

609.278.2640 ext.157