ACRL News Issue (B) of College & Research Libraries May 1994/289 Guidelines regarding thefts in libraries: Draft version Attend the hearings at the ALA Annual Conference in Miami Section I. W hat to Do Before a Library Theft Occurs I. Library security officer (LSO) Appoint a senior library staff member as Li­ brary Security Officer (LSO) w h o has delegated authority from the library and the institution to act on their behalf working with the institution’s legal counsel and security force. II. Security planning group Form a group made up o f the LSO and other appropriate personnel to develop a specific plan o f action to follo w when a theft is discovered. This may be a part o f the institution’s disaster plan or a separate plan. III. Publicity Establish liaison with the institution’s public relations office so that timely and accurate an­ nouncements can be made to the press when a theft is discovered. IV. Law enforcement A. Establish contact and foster good working relations with law enforcement agencies— in­ stitutional, local, state, and/or federal— to de­ termine w h o w ill be called and under what circumstances. The library should maintain a list o f contacts in each level o f law enforce­ ment and discuss the plan o f action with each. (See Appendix I for “Networking Resources Di­ rectory for Protection and Recovery.”) The value o f materials or other circumstances w ill dictate which law enforcement agency will handle the case: for example, the FBI may be involved if the total dollar amount o f the theft exceeds $5,000.00, and the U.S. Customs or Interpol may be involved if stolen items are suspected o f being smuggled into or out o f the country. B. W ork with the library’s institutional ad­ ministration to insure support for the prosecu­ tion o f thieves. This support may range from an active willingness to participate in the col­ lection o f evidence to be turned over to the district attorney or U.S. attorney for further con­ sideration, or it may involve direct participa­ tion in the prosecution by the institution. C. W ork with appropriate institutional, lo­ cal, and state groups to lobby for strengthen­ ing o f state laws regarding library thefts and for diligent prosecution o f such crimes. (See Appendix II for “Draft o f M odel Legislation: Theft and Mutilation o f Library Materials.”) V. Other outside contacts A. Establish liaison with local rare book, manu­ script, and second-hand dealers to inform them o f the library’s collecting areas. Thieves some­ times try to sell stolen property quickly, and dealers with knowledge o f the library’s collec­ tions can recognize, or at least be suspicious of, materials they kn ow the library collects which are offered to them. B. Report the name o f the LSO to the RBMS Security Committee and note changes. The RBMS Security Committee w ill compile a list o f the LSOs annually. The list w ill be available from the ACRL office and w ill be forwarded to the Antiquarian Booksellers Association o f America (ABAA). C. Establish liaisons with appropriate Inter­ net listservs and national stolen and missing book databases (see Appendix I for “Network­ ing Resources Directory for Protection and Re­ covery”) so that thefts can be reported imme­ diately upon discovery. VI. Preventive measures in the library A. Implement the RBMS “Guidelines for the Prepared by the ACRL/RBMS Security Committee, Susan M. Allen, chair 290/ C&RL News Security o f Rare Book, Manuscript, and Other Special Collections” (1990) available from the ACRL office and published in C&RL News 51 (March 1990): 240-44. B. Coordinate w ork in the library to assure that unique ow nership marks appear on the institution’s holdings, providing p ro o f that ma­ terials, if stolen, belon g to the library. The RBMS Security Committee urges the use o f its mark­ ing guidelines for rare materials. (See “G uide­ lines for the Security o f Rare Book, Manuscript, and Other Special Collections,” A p p en d ix I.) The committee also recomm ends recording dis­ tinctive characteristics o f individual copies in cataloging notes as another means o f identify­ ing appropriate items. C. W h en providing com plete catalog records at point o f receipt is not possible, maintaining a b rief record o f ow nership is recom m ended. It should contain b rief author/title description and identifying characteristics. These records o f purchase or gift and ow nership are espe­ cially important w h en materials are g o in g to b e added to a cataloging backlog. D. Eliminate cataloging backlogs. W h ile this m ay seem to be a daunting task in many librar­ ies, it is an essential step in the establishment o f a secure library collection. Use the catalog record to describe physical characteristics that distinguish the library’s c o p y (i.e., binding, marks o f previous ownership, and com plete­ ness). Create machine-readable records for lo ­ cal public access. Report the library’s holdings to the national-level bibliographic databases. Participate in broad-based bibliographic projects p ro v id in g data and in fo rm a tio n abou t the library’s copies that serve to help distinguish betw een editions, issues, and states. E. Conduct regular inventories o f both cata­ lo g e d and uncataloged collections. This task is most effectively perform ed b y staff w orkin g in teams, and conducted on a random basis. Pro­ ceedin g through the collection in a predictable m ethod is not w ise as it may a llo w for the re­ placement o f materials tem porarily rem oved or stolen. An inventory o f shelf list cards to be taken simultaneously is also recom m ended, if this is not already a part o f the procedure b e­ ing follo w ed. Again, w h ile the task seems over­ w h elm ing for libraries large and small, the com ­ m ittee rec o m m e n d s that libra ries m ak e a beginning. A b o u t th e g u id e lin e s The “Guidelines Regarding Thefts in Libraries” have been developed by the ACRL Rare Books and M anu­ scripts Section’ s (RBMS) Security Committee over the past ten years. The committee began in 19 7 8 with an ad hoc charge to develop guidelines for the mark­ ing o f rare materials so that they could be properly identified when recovered. First published in 19 7 9 , these were later made an appendix to the broader “ Guidelines for the Security of Rare Book, M anu­ script, and O ther Special Collections,” published by ACRL in 19 8 2 , ana revised in 19 9 0 . From 19 8 3 to 19 8 6 successive drafts of “G uide­ lines Regarding Thefts in Libraries” were reviewed by the RBMS Security Committee. The final draft was approved by the ACRL Board o f Directors and the ALA Standards Committee and published in C&RL News in March 19 8 8 . These guidelines included sections entitled “W hat to do before a theft occurs” ; “W h a t to do after a theft occurs,” or steps to follow when a theft has been discovered; and “Model leg­ islation: Theft and mutilation of library materials,” which the committee hoped libraries and ACRL chap­ ters would take to their state legislatures to strengthen the laws for the prosecution and punishment o f li­ brary thieves. W hat follows is a revision begun in 1 9 9 3 by the current RBMS Security Committee. All sections have been retained. The first two sections have been retained with some minor revision of style and augm entation o f content. The third section, “ Model legislation,” has become Appendix II. The RBMS Security Committee wishes to empha­ size two important points about “Guidelines Regard­ ing Thefts in Libraries.” First, these guidelines do not stand alone. They are interrelated to other RBMS published guidelines and should be considered in conjunction with the other guidelines. Second, these guidelines concern all library thefts, not just those which may occur in rare book, manuscript, and other special collections departments within a library sys­ tem. Some informal surveys over the past few years have shown that these latter departments have stron­ ger physical and procedural security systems in place than do ftieir parent libraries for the general collec­ tions. Yet, a library is only as secure as its perimeter. Publicized thefts in the last decade such as the Shinn and Blumberg cases show that thieves infiltrated both established systems in special collections departments and open stacks areas where rare materials acquired years before remained unidentified and unprotected. It is paramount that ACRL and ALA encourage the implementation of these guidelines, including the appointment o f a Library Security O fficer (LSO) at individual libraries. The committee stands ready to w ork with these LSOs to improve communication about thefts and to assist in the education o f all li­ brarians about the epidemic proportions of library thefts and the means to cope with them. Committee members are: Susan M. Allen, chair; George Arnold; V irginia Bartow; Lois Fischer Black; Daren Callahan; Heather Lloyd; Eric M acdonald; Everett C. W ilkie; and Melissa Conway, intern. May 1994/291 F. Follow the hiring and other management practices recommended in “Standards for Ethi­ cal Conduct for Rare Book, Manuscript, and Special Collections Librarians, with Guidelines for Institutional Practice in Support o f the Stan­ dards,” 2nd edition, 1992, available from the ACRL office and published in C&RL News 54 (April 1993): 207-15. G. Review materials in the library’s general collections and open stacks for consideration o f transfer to special collections or to a caged, limited access area o f the library. The ACRL/ RBMS transfer guidelines, “Selection o f Gen­ eral Collection Materials for Transfer to Special Collections,” 2nd edition, available from the ACRL office and published in C&RL News 54 (Decem ber 1993): 644-47, w ill help the library identify candidates for transfer. Some libraries have identified rare materials in the open stacks in the course o f projects, such as reporting to the English Short Title Catalogue or working through a collection developm ent policy using the Research Libraries Group Conspectus. While the task seems overwhelm ing for libraries large and small, the RBMS Security Committee rec­ ommends that libraries make a beginning. A recent theft may give an indication o f an area which may be the target o f future theft or mutilation. I f it is appropriate, transfer materi­ als intellectually or physically related to those already stolen or mutilated. Categories o f such materials may but w ill not necessarily include periodicals, related imprints, or related subject matter. Section II. Checklist of W hat to Do After a Theft Occurs from a Library I. Notification • N otify the LSO and appropriate library administrators upon suspicion that a theft has occurred. II. Discovery o f theft and collection o f evi­ dence • Evidence o f intrusion connected with missing library materials. • Indication that patron, staff member, or other has stolen books or manuscripts. • Apprehension o f person(s) in act o f theft. • Discovery o f systematic pattern o f loss. • Recovery o f materials stolen from library. • Other evidence. III. Evaluation The LSO must evaluate evidence with adminis­ tration, law enforcement personnel, library se­ curity group, and legal counsel as appropriate, and determine a plan o f action. IV. Actions • Take inventory and compile a list o f miss­ ing items. • N otify appropriate stolen and missing b o o k databases and other appropriate net­ works. (See A ppendix I for “N etw orking Re­ sources Directory for Protection and R ecov­ ery.”) • Notify local booksellers and appropriate specialist dealers. • Request action from law enforcement agencies. • Request action from legal authorities. • Transfer vulnerable items to a more se­ cure location, if appropriate. V. Publicity • LSO, administration, law enforcement, and public relations officer plan appropriate publicity strategy. • LSO or public relations officer prepares news releases to alert staff and community to problems and action. • LSO or public relations officer handles inquiries from news media. VI. LSO’s coordination o f staff efforts should include • Compilation o f inventories. • Arrangement for appraisals o f loss or re­ covery. • Preparation o f communications to staff about progress on case. • Maintenance o f internal records o f actions follo w ed during the progress o f case. Share your lib rary’s news C&RL News wants to hear about your library’s activities. Information in the News from the Field, Grants & Acquisitions, and People in the News columns is gathered from press releases and notices w e receive. If you don’t share your ideas and activities with us w e can’t share them with C&RL News read­ ers. Be sure to put C&RL News on your mail­ ing list today. Send notices to the Editor, C&RL News, 50 E. Huron St., Chicago, IL 6 0 6 ll; or e-mail: U38398@uicvm.uic.edu. mailto:U38398@uicvm.uic.edu 292/C&RL News APPENDIX I N etw orkin g Resources Directory for Protection and Recovery The AB Bookman ’s Weekly Jacob L. Chernofsky, Editor & Publisher P.O. B ox AB Clifton, NJ 07015 phone: (201) 772-0020 fax: (201) 772-9281 (Publishes a missing books colum n at reduced rates) A B A A National O ffice Liane W ood-Thom as Executive Director 50 R ockefeller Plaza N e w Y ork, N Y 10020 phone: (212) 757-9395 (Circulates lists o f missing materials to m em bership) A B A A Security Committee Ron Lieberman, Chair R.R. 1 B ox 42 G len Rock, P A 17327 phone: (717) 235-2134 fax: (717) 235-8042 ACRL/RBMS Security Committee Susan M. Allen, Chair D irector o f Libraries & M edia Services Kalam azoo C ollege Library 1200 A cadem y Street Kalam azoo, MI 49006-3285 phone: (6 l6 ) 337-7149 fax: (616) 337-7143 Internet: sallen@ kzoo.edu (C om piles incidents o f theft list; LSO list) Archives and Archivists T o subscribe send the message: SUB ARCHIVES to: archives@ m iam iu. acs. m uohio.edu (Listserv for archivists) BAM-BAM Katharine and Daniel Leab P.O. B ox 1236 Washington, CT 06793 phone: (212) 737-2715 (C om piles missing materials list) EXLIBRIS T o subscribe send the message: Subscribe exlibris your_full_nam e to: listserv@rutvm l ‚bitnet or: listserv@ rutvm 1. rutgers. edu (Listserv for rare books and manuscripts librarians) IFAR International Foundation for Art Research Constance Lowenthal 46 E. 70th St. N e w Y ork, N Y 10021 phone: (212) 879-1780 (N ew sletter includes a colum n listing missing materials) Interpol/USNCB A n gela M eadow s U.S. Department o f Justice 10th & Pennsylvania A ve. N W Washington, DC 20530 phone: (202) 272-8383 fax: (202) 272-5941 (Circulates inform ation internationally) National Stolen Art File Interstate Theft Unit FBI Headquarters W ashington, DC phone: (202) FBI-3000 (Database o f stolen artifacts; w ill add books soon. Cannot be queried directly; w o rk through local law en forcem en t) mailto:sallen@kzoo.edu May 1994/293 APPENDIX II Draft of Model Legislation: Theft and Mutilation of Library Materials Declaration of purpose Because o f the rising incidence o f library theft and mutilation o f library materials, libraries are suffering serious losses o f books and other li­ brary property. In order to assure that research materials are available for public use, it is the policy o f this state to provide libraries and their em ployees and agents with legal protection to ensure security for their collection. It is the policy o f this state to affirm that local, state, and federal prosecution o f crimes affecting books or other library property is executed with the same degree o f diligence as is exercised in prosecution o f crimes affecting all other forms o f property. Federal statute pertaining to sto­ len property is designed not only to implement federal-state cooperation in apprehending and punishing criminals w h o utilize, or cause to be utilized, channels o f interstate commerce for transportation o f property (in value o f $5,000 or m ore) o f which the ow ner has been w ron g­ fully deprived, but also to deter original theft. Definition of terms “Library” means any public library; any library o f an educational, benevolent, hereditary, his­ torical, or eleem osynary institution, organiza­ tion, or society; any museum; any repository o f public or institutional records. “B ook or other library property” means any book, plate, pic­ ture, photograph, print, painting, drawing, map, newspaper, m agazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual ma­ terial in any format, magnetic or other tape, catalog card or catalog record, electronic data processing record, artifact, or other documen­ tary, written, or printed materials, or equipment, regardless o f physical form or characteristics, belonging to, on loan to, or otherwise in the custody o f a library. Proposed w ording Section I.a. A n y person w h o willfully, mali­ ciously, or wantonly writes upon, injures, de­ faces, tears, cuts, mutilates, or destroys any book or other library property belonging to, on loan to, or otherwise in the custody o f a library shall be guilty o f a crime. Section I.b. The willful concealment o f a book or other library property upon the person or am ong the belongings o f the person or con­ cealed upon the person or among the belong­ ings o f another wh ile still on the premises o f a library shall be prima facie evidence o f intent to commit larceny thereof. Section I.e. The willful removal o f a book or other library property in contravention o f li­ brary regulations shall be prima facie evidence o f intent to commit larceny thereof. Section I.d. The willful alteration or destruc­ tion o f library ownership records, electronic or card catalog records retained apart from or ap­ plied directly to a book or other library prop­ erty shall be prima facie evidence o f intent to com­ mit larceny o f a book or other library property. Section II.a. An adult agent or em ployee o f a library w h o has reasonable grounds to be­ lieve that a person committed, was commit­ ting, or was attempting to commit the acts de­ scribed in Section I may stop such person. Immediately upon stopping such person, the library em ployee shall identify himself or her­ self and state the reason for stopping the per­ son. I f after initial confrontation with the per­ son under suspicion, the adult agent or library em ployee has reasonable grounds to believe that at the time stopped, the person commit­ ted, was committing, or was attempting to com ­ mit the crimes set forth in Section I, said em ­ ployee or agent may detain such person for a time sufficient to summon a peace officer to the library. In no case shall the detention be for a period o f more than one-half hour. Said detention must be accomplished in a reason­ able manner without unreasonable restraints or excessive force and may take place only on the premises o f the library w here the alleged crime occurred. Library premises includes the interior o f a building, structure, or other enclo­ sure in which a library facility is located; the exterior appurtenances to such building, struc­ ture, or other enclosure; and the land on which such building, structure, or other enclosure is located. Any person so stopped by an em ployee or agent o f a library shall promptly identify him­ self or herself by name and address. O nce placed under detention, such person shall not be required to provide any other information nor shall any written and/or signed statement be elicited from such person until a peace offi­ cer has taken such person into custody. The 294/C&RL News said em ployee or agent may, however, exam­ ine said property which the em ployee or agent has reasonable grounds to believe was unlaw­ fully taken as set forth in Section I.b and/or I.c or injured or destroyed as set forth in Section I.a and/or I.d. Should the person detained refuse to surrender the item for examination, a lim­ ited and reasonable search may be conducted. Only packages, shopping bags, handbags, or other property in the immediate possession o f the person detained, but not including any clothing worn by the person, may be searched. Section II.b. For the purposes o f Section II.a, “reasonable grounds” shall include, but not be limited to, know ledge that a person has con­ cealed or injured a book or other library prop­ erty w hile on the premises o f the library. Section II.c. In detaining a person w h o the em ployee or agent o f the library has reason­ able grounds to believe committed, was com ­ mitting, or was attempting to commit any o f the crimes set forth in Section I, the said em­ ployee or agent may use a reasonable amount o f nondeadly force w hen and only when such force is necessary to protect the employee or agent or to prevent the escape o f the person being detained or the loss o f the library’s property. Section III. An adult agent or em ployee o f a library w h o stops, detains, and/or causes the arrest o f any person pursuant to Section II shall not be held civilly liable for false arrest, false imprisonment, unlawful detention, assault, bat­ tery, defamation o f character, malicious pros­ ecution, or invasion o f civil rights o f the per­ son s to p p e d , d eta in ed , and/or arrested, provided that in stopping, detaining, or caus­ ing the arrest o f the person, the adult agent or em ployee had at the time o f the stopping, de­ tention, or arrest reasonable grounds to believe that the person had committed, was commit­ ting, or was attempting to commit any o f the crimes set forth in Section I. Section IV. The fair market value o f prop­ erty affected by crimes set forth in Section I determines the class o f offense: value under $500 indicates a misdemeanor; $500-$5,000 a Class I felony; above $5,000, a Class II felony. The aggregate value o f all property referred to in a single indictment shall constitute the value thereof. Section V. A copy or abstract o f this act shall be posted and prominently displayed in all libraries. Section VI. This act shall take effect upon passage. ■ (CLS cont. from page 272) ACRL. “Statement on the Terminal Profes­ sional Degree for Academic Librarians.” Chi­ cago: ALA/ACRL, 1975. ALA, A d H oc Committee on the Physical Facilities o f Libraries. Measurement and Com­ parison o f Physical Facilities f o r Libraries. Chi­ cago: ALA, 1970. ALA. “Library Bill o f Rights” (ALA Policy Manual, Section 53.1). In ALA Handbook o f Organiza­ tion 1993/1994. Chicago: ALA, 1993, p. H147. ALA. “Library Education and Personnel Uti­ lization: A Statement o f Policy. ’’Adopted by ALA Council. Chicago: ALA/OLPR, 1970. ALA, RSDA/FLA. National Lnterlibrary Loan Code, 1980; International Lending Principles and Guidelines, 1978. Chicago: ALA, 1982. Carpenter, Ray L. “C ollege Libraries: A Com­ parative Analysis in Terms o f the ACRL Stan­ dards.” College & Research Libraries 42 (Janu­ ary 1981): 7-18.B Coleman, Paul, and Ada Jarred. “Regional Accreditation Criteria and the Standards f o r College Libraries: A Comparative Study.” Paper submitted for publication, 1994. Kaser, David. “Standards for C ollege Librar­ ies.” Library Trends 31:1 (Summer 1982): 7-19. Hardesty, Larry, and Stella Bentley. The Use and Effectiveness o f the 1975 Standards f o r College Libraries: A Survey o f College Library Directors (1981).. Unpublished paper. Leach, Ronald G., and Judith E. Tribble. “Elec­ tronic Document Delivery: N ew Options for Libraries.” Journal o f Academic Librarianship 18 (January 1993): 359-64. Matier, Michael, and C. Clinton Sidle. “What Size Libraries for 2010?” Planning f o r Higher Education 21 (Summer 1993): 9-15. Morgan, Robert L. Classification o f Instructional Programs. 1990 edition. Washington, D.C.: Na­ tional Center for Education Statistics, 1991. Stueart, Robert D., and Barbara B. Moran. “Missions, Goals and Objectives.” In Library and In form a tion Center Management, 4th ed. Englewood, Colo.: Libraries Unlimited, 1993, pp. 43-45. U.S. Code. 1-810. “Act for the General Revi­ sion o f the Copyright Law.” October 9, 1976. Public Law 94-553,90 Stat. 2541. Walch, David B. “The 1986 College Library Standards: Application and Utilization.” College & Research Libraries 54 (May 1993): 217-26. ■