Library Policies
Library Lending Policy
Anyone who lives, works, owns property, or attends school within the taxpayer boundaries of the City of Belleville, Sumpter Township, or Van Buren Township is eligible for a library card at the Belleville Area District Library.
Cardholders may take advantage of the following services:
Books and materials
Interlibrary lending services
Access to the library’s digital or electronic resources
Reciprocal borrowing with participating libraries
How to Apply for a Library Card
Residents may apply for a library card in person at the main library, at the Sumpter Branch, or online.
Proof of Residency: The library accepts a driver’s license or state ID with a current address. If you have recently moved, you may show a utility bill, lease agreement, mortgage, or tax bill.
Minors: If you are under the age of 18, you must have a parent or legal guardian present to sign an application form and show address verification.
Approved by the Belleville Area District Library Board December 14, 2021
LIBRARY LENDING POLICIES
Library Card Eligibility
Anyone who lives, works, owns property, or attends school within the taxpayer boundaries of the
City of Belleville, Sumpter Township, or Van Buren Township is eligible for a library card at the
Belleville Area District Library. Cardholders may take advantage of the following services:
- Books and materials
- Interlibrary lending services
- Access to the library’s digital or electronic resources
- Reciprocal borrowing with participating libraries
Resident Cards
Residents may apply for a library card in person at the main library, at the Sumpter Branch, or
online. The library will accept a driver’s license/state ID with a current address as proof of
residency. If you have recently moved and your identification does not reflect your current
address, you may show a utility bill, lease agreement, mortgage, or tax bill.
If you are under the age of 18, you must have a parent or legal guardian present to sign an
application form and show address verification.
Library cards must be renewed every 3 years.
Online cards: Patrons can apply for a library card by completing the form available on our website
(www.belleville.lib.mi.us) and we will follow up with card information and next steps. Proof of
residency in our service area must still be shown.
Business Cards
Business cards are issued to non-residents who work in the library’s service area. A business
card, company ID, or business letterhead must be shown. Cards have a 1-year expiration date.
***The use of these cards is limited to the Belleville Area District Library
Student Cards
Student cards are issued to students who attend a school in the library’s service area, but do not
reside in the library’s service area. A valid school ID or class schedule must be shown and an
application must be filled out. Students under the age of 18 must have a parent or legal guardian
present to sign an application form and show address verification. Cards have a 1-year
expiration date.
***The use of these cards is limited to the Belleville Area District Library.
Teacher Cards
Teacher cards are issued to teachers who live or teach in the library’s service area. Teachers
must show their school ID and fill out an application. Cards have a 1-year expiration date. Items
may be checked out for a longer period of time than a traditional loan.
*** The use of these cards is limited to the Belleville Area District Library.
MILibraryCards
MILibraryCards are issued to our patrons who are in good standing. MILibrary may be used at
any participating library in the State of Michigan. A MILibrary sticker will be applied to your library
card upon request.
Non-Resident cards
Patrons who live outside of our service area may still use our materials and facilities, and attend
library events. In order to borrow items, their options include: - TLN: Non-residents who live within the boundaries of a reciprocal Library Network
Library may use their card at the BADL. If they do not have an active card from their
Approved by the Belleville Area District Library Board December 14, 2021
home library, a 30-day temporary card can be issued, but they must return to their home
library for a permanent card. - MILibraryCards: If a non-resident’s home library is not part of TLN, but does participate
in the MILibraryCard program, they may present their home library card with a
MILibraryCard sticker in order to borrow up to ten items at the BADL. - Purchased Cards: Non-residents may purchase one membership per year for $120,
payable on the date of issue. The card provides full access to the library’s collection,
eContent, and Interlibrary loan services. As part of the membership fee, each family
member living at the same address will be eligible for an individual library card. An
application must be filled out. These memberships allow patrons access to greater
borrowing limits and holds than the MILibraryCard option allows, as well as access to
nonprint resources.
***The use of these cards is limited to the Belleville Area District Library.
Check Out Policies
Generally, there is no limit to the number of items that may be checked out. Occasionally, limits
will be placed on collections of high interest (holiday, class assignment, etc.).
Loan Periods
Books, compact discs, audio books, and non-fiction DVDs generally circulate for three weeks.
Feature films, children’s DVDs, magazines and encyclopedias are loaned for one week.
Materials that are in high demand may be loaned for shorter periods of time.
Renewals
Items that are eligible for renewal will be renewed automatically three days prior to their due date.
Exceptions include new materials, items with outstanding requests, and items borrowed from
outside The Library Network’s shared system. Patrons may also renew items by phone or
through the online catalog which is available on our website (www.belleville.lib.mi.us).
Holds
Holds may be placed on items in the library’s shared catalog and can be picked up at the
circulation desk when they become available. In addition, holds may be placed in the statewide
catalog, MelCat. Holds will be available for pickup for one week after arrival at the library.
Overdue and Lost/Damaged Items
In order to remove barriers to library access, the library does not charge late fines to its patrons
for overdue books and materials. (Items checked out at other libraries and returned to the
Belleville Area District Library may still incur fines).
The library will continue to charge replacement costs for lost or damaged items. An item will be
considered lost if it has not been returned after 21 days past the due date. Patrons are
responsible for the cost of items that have been returned in poor condition (e.g. water damage,
missing pages, significant stains, etc.). Card holders may not check out additional materials if
they owe more than $25.00 on their record.
If lost items are not paid for or returned within 45 days past the due date, a collection agency will
be used to recover bills in excess of $100.00. A $10.00 processing fee will be added to any
account sent to the collection agency.
Approved by the Belleville Area district Library Board April 17, 2010
Belleville Area District Library Internet Policy
The Belleville Area District Library provides a wide variety of resources through its
Internet workstations and Wireless Access Network.
Individuals are reminded that the Internet workstations are located in a public area, which
is shared by patrons of all ages and backgrounds and are asked to be sensitive to this
when accessing potentially controversial information and images.
The library’s Internet workstations and the Wireless Access Network may not be used for
any unlawful or improper activities prohibited under local, state, or federal laws. These
activities include, but are not limited to:
- Display or transmission of sexually explicit or sexually suggestive
(obscene/pornographic) materials. - Hacking and/or spamming.
- Infringement of copyright law.
- Damage/alteration of software and/or equipment.
- Distribution of unsolicited advertising or propaganda, or propagation of computer
viruses. - Libel, harassment, or slander.
- Fraud.
- Solicitation of minors.
Internet workstations:
Internet users must sign in using their library card or a visitor’s pass. Sessions are
available for one hour. Users may log in for additional time, if there is no one on the
waiting list for a computer. Due to the high volume of Internet use at the library, there is
a limit of three hours of Internet use per person per day.
The library provides Children’s (age 0-12) and Teen (age 13-17) level Internet filtering,
however, it is the responsibility of parents and/or legal guardians to decide which library
resources are appropriate for their child. The Belleville Area District Library strongly
urges parents to become involved in and supervise their children’s Internet activities. The
Library’s homepage (http://www.belleville.lib.mi.us/) has links to Internet search tools
and sites with age-appropriate content, and Librarians will be pleased to suggest
additional sites or assist with search strategies. Parents must give permission to the
librarian if they wish to have their child’s filtering level adjusted. All of the computers in
the Children’s room are filtered at the children’s level.
Approved by the Belleville Area district Library Board April 17, 2010
Wireless Access Network:
Patrons with wireless access capabilities on their own equipment, such as laptops, PDAs,
etc., are welcome to use the Internet through the Library.
This access option is open to patrons of all ages; parents or guardians of children under
the age of 18 are responsible for supervising and guaranteeing their child’s proper and
safe use of the Internet.
No registration or sign-up is required.
Use of the Library’s wireless access points constitutes acceptance of this Internet Access
Policy.
The Library provides NO filtering or virus protection on its wireless Internet access
points for patrons.
The Library assumes no responsibility for damage caused to patrons’ equipment
(hardware or software).
Patrons are responsible for configuring their equipment to access the Library’s wireless
Internet access point. Library staff will only be able to provide a network name or SSID
to the patron.
Failure to abide by the provisions of this policy will result in the loss of Internet
privileges.
Approved by the Belleville Area District Library Board 3-13-2023
PATRON BEHAVIOR POLICY
I. Introduction.
The Belleville Area District Library (the “Library”) is open for specific and designated civic,
educational, and cultural uses, including reading, studying, writing, participating in scheduled
Library programs, and using Library materials. In order to provide resources and services to all
people who visit the Library facilities in an atmosphere of courtesy, respect, and excellent service,
the Library Board has adopted this Patron Behavior Policy. The purpose of the Patron Behavior
Policy (“Policy”) is to assist the Library in fulfilling its mission as a community resource enriching
life, stimulating intellectual curiosity, fostering literacy, and encouraging an informed citizenry.
The following rules of conduct shall apply to all buildings and all branches – interior and exterior
– and all grounds controlled and operated by the Library (“Library facilities”) and to all persons
entering in or on the premises, unless otherwise specified.
II. Rules for a Safe Environment.
A. Violations of Law. Committing or attempting to commit an activity in violation of
federal, state, or local law, ordinance, or regulation (including but not limited to
assault, indecent exposure, larceny, removing Library material from the property
without authorization through the approved lending procedures, vandalism, or
copyright infringement) is prohibited.
B. Weapons. Carrying guns, pistols, or other weapons, except as specifically
permitted and exempt from local regulation by law, is prohibited.
C. Alcohol; Drugs. Possessing, selling, distributing, or consuming any alcoholic or
intoxicating beverage, illegal drug, or drug paraphernalia is prohibited; provided
that alcohol may be permitted at certain Library-sponsored events if specifically
approved by the Library. Persons noticeably under the influence of any controlled
substance or alcoholic or intoxicating liquor are not allowed on Library property.
E. Recreational Equipment and Personal Transport Devices. Use of skateboards,
rollerblades, roller skates, or other wheeled form of recreational equipment is not
allowed in the Library or on Library property. Library patrons must park bicycles
or other recreational vehicles only in authorized areas. Wheelchairs, scooters, and
other power-driven mobility devices are permitted by those individuals with
disabilities in accordance with Library rules, unless a particular type of device
cannot be accommodated because of legitimate safety requirements.
F. No Blocking of Doors, Aisles or Entrances. All doors, aisles and entrances must
remain obstacle-free. This includes a prohibition of running power cords across
aisles or other areas that are used for walking.
G. Animals. Animals are not permitted in the Library other than service animals (as
defined by law) for those individuals with disabilities, those used in law
enforcement, or for Library programming. Any person with a service animal must
comply with Michigan or Federal law.
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H. Incendiary devices. The use of incendiary devices, such as candles, matches, and
lighters, is prohibited inside the Library.
I. Staff Only Areas. Patrons shall not be permitted in any areas designated as “staff
only” unless otherwise permitted by the Library Director.
III. Rules for Personal Behavior.
A. Personal Property. Personal property brought into the Library is subject to the
following:
- The Library staff may limit the number of parcels carried into the Library.
The Library may also limit the size of items such as suitcases, duffle bags,
or large plastic garbage bags. - The Library is not responsible for personal belongings left unattended.
- The Library does not guarantee storage for personal property.
- Personal possessions must not be left unattended or take up seating or space
if needed by others.
B. Food and Beverages. Food and beverages are permitted in designated areas.
Patrons are expected to clean up after themselves, placing trash in appropriate
receptacles and notifying staff if spills occur. Staff reserves the right to request
patrons remove or clean up food and beverages if the food or beverages are creating
a mess, damaging the library, or causing odors that are considered a nuisance.
C. Unauthorized Use. Patrons must leave the Library promptly at closing time and
may not be in the Library when it is not open to the public. Further, any patron
whose privileges to use the Library have been denied may not enter the Library.
Any patron whose privileges have been limited may not use the Library in any
manner that conflicts with those limits placed on the patron by the Library Director,
the Library Director’s authorized designee, or the Library Board.
D. Engaging in Proper Library Activities. Patrons shall be engaged in activities
associated with the use of the Library while in the building or on Library property,
such as reading, studying, writing, participating in scheduled Library programs,
using the Library’s computers or wi-fi, or using Library materials. Patrons not
engaged in activities associated with the use of the Library may be required to leave
the building and shall not remain on Library property. Periods of sleeping in the
library or on benches, tables, or grounds outside the library are prohibited.
E. Considerate Use. The following behavior is prohibited in the Library or on Library
property: - Spitting;
3 - Running, pushing, shoving, fighting, throwing items, provoking a fight, or
other unsafe physical behavior; - Climbing on furniture; Using the drinking fountain for any other purpose
than drinking or filling a water bottle; - Using obscene or threatening language or gestures;
- Engaging in sexual behavior (1) that is a violation of the law, (2) which can
reasonably be expected to disturb Library users or staff while such staff or
patrons are in the Library or on Library property; or (3) that interferes with
the Library patrons’ use of the Library or the ability of the staff to do their
jobs.
F. Panhandling or Soliciting. Panhandling or soliciting Library staff or patrons for
money, products, or services inside the Library or on Library property is prohibited.
Sales of products or services that are incidental to Library programming may be
permitted if approved in advance by the Library Director.
G. Interference with Staff. Patrons may not interfere with the staff’s performance of
dutiesin the Library or on Library property. This includes engaging in conversation
or behavior that monopolizes or forces the attention of staff for an inappropriate
period of time, inappropriate personal comments, sexual advances, or physical
and/or verbal harassment.
H. Campaigning, Petitioning, Interviewing and Similar Activities. As a limited public
forum, the Library reserves the right to regulate the time, place, and manner for
campaigning, petitioning, interviewing, survey-taking, pamphleteering, canvassing
and soliciting on Library grounds as follows: - Campaigning, petitioning, interviewing, survey-taking, pamphleteering,
canvassing, and soliciting are prohibited inside the Library building. - Campaigning, petitioning, interviewing, survey-taking, pamphleteering,
canvassing, and soliciting outside the Library building but on Library
property are subject to the following requirements:
a. Persons or groups are requested to check in at the Checkout Desk in
advance.
b. Use of the Library property does not indicate the Library’s
opposition or endorsement of the candidate or issue that is the
subject of the petition, interview, campaign or discussion.
c. Permitted areas for campaigning, petitioning, interviewing, surveytaking, pamphleteering, canvassing and soliciting outside of the
Library building shall be limited to areas 25 feet from all entrances.
d. No person shall block ingress or egress from the Library building.
e. Permitted times will be limited to the operating hours of the Library.
f. Campaign material, literature or petitions may not be brought into
the Library, posted at the Library, or left on Library property.
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I. Sales. Selling merchandise on Library property without prior permission from the
Library Director is prohibited.
J. Distributions; Postings. Distributing or posting printed materials/literature on
Library property not in accordance with Library policy is prohibited.
K. Restrooms. Misuse of restrooms, including laundering, sleeping, shaving,
excessive personal grooming, hair cutting or trimming, bathing, and sexual activity
is prohibited. Unless a parent or guardian is assisting a child or a patron is assisting
a person with a disability, there shall only be one person to a stall or single unisex
bathroom. Library materials may not be taken into restrooms.
L. Harassment. Staring, photographing, video recording, audio recording, following,
stalking, harassing, arguing with, threatening, talking, or behaving in a manner (1)
which can reasonably be expected to disturb Library users or staff while such staff
or patrons are in the Library or on Library property; (2) that interferes with the
Library patrons’ use of the Library or the ability of the staff to do their jobs is
prohibited; (3) would create or may result in a hostile work environment for Library
staff; and/or (4) that violates Michigan law.
M. Loud Noise. Producing or allowing any loud, unreasonable, or disturbing noises
that interfere with other patrons’ use of the Library or which can be reasonably
expected to disturb other persons or have the intent of annoying other persons,
including yelling, cheering, talking (with others or in monologues) or noises from
electronic, entertainment, and communication devices, such as cell phones, tablets,
headphones, and radio, is prohibited. Patrons may use headphones or earbuds but
at a volume that cannot be heard by other Library patrons or staff.
Adults may read aloud to children in the Youth Area, provided that they are reading
in a voice that would not reasonably disturb others.
N. Odor. Offensive odor, including but not limited to body odor due to poor personal
hygiene, overpowering perfume or cologne, or odors from items brought into the
Library, that causes a nuisance is prohibited. (For example, if the patron’s odor
interferes with staff or other patrons’ use of the Library, the patron violates this
Policy).
O. Library Policies. Patrons must adhere to all Library Policies.
Q. Identification. Patrons must provide identification to Library staff when requested.
Reasons for identification include but are not limited to safety, the filing of an
incident report, and library card registration.
R. Tables or Structures on Library Property. No person may use or set up a table,
stand, sign or similar structure on Library property. This does not apply to Librarysponsored or co-sponsored events.
S. Smoking; Tobacco or Marijuana Use. Smoking, using e-cigarettes, vaping,
electronic nicotine delivery systems or chewing tobacco is prohibited on Library
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property. Using, smoking or possessing marijuana on Library property is also
prohibited.
T. Shirts and Shoes. Shirts and shoes are required for health reasons and must be
always worn inside the Library and on Library property.
IV. Rules for the Use and Preservation of Library Materials and Property.
A. Care of Library Property. Patrons must not deface, vandalize, damage or
improperly use or improperly remove Library materials, equipment, furniture, or
buildings. Patron shall not load or install any programs or software on Library
computers. Patrons shall be responsible to reimburse the Library for costs incurred
by the Library for violating this provision. Patrons shall not cause damage by
returning books containing bedbugs or bringing bedbugs into the Library.
B. Internet Use. Patrons must abide by established time limitations and all other
provisions of the Library Internet Use Policy.
C. Equipment. Library staff computers are for staff use only.
D. Authorized Lending. Library materials may only be removed from the premises
with authorization through established lending procedures.
E. Use of Chairs, Tables and Computers. Furniture may not be moved without
authorization. No person may sit on tables. People must be properly seated in
chairs and no feet are permitted on the tables, chairs or against the walls. Only the
designated number of people may occupy the study rooms.
V. Violation and Appeal Section
The Library Director or the Director’s designee may restrict access to Library facilities with
immediate dismissal of the patron from the premises, by suspending the patron’s access to Library
facilities for a set period of time, or by denying access to specific services and/or programs
pursuant to this Policy. When necessary, the local police may be called to intervene.
B. Violation of the Policy – Suspension of Privileges. Unless otherwise provided in
this Policy, (see Section C below), the Library shall handle violations as follows:
- Initial Violation: Library patrons observed violating this Policy will be
asked to cease the violation with a verbal request. Any patrons who do not
comply with the request will be asked to leave the Library Property for the
day. The police may be called for anyone refusing to leave the Library
Property. - Subsequent Violations: The Library Director or the Library Director’s
authorized designee may further limit or suspend the patron’s Library
privileges if infractions continue. Such limitation or revocation shall be in
writing specifying the nature of the violation. Subsequent violations of the
same rule shall result in additional suspensions of increasing length.
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C. Violations that Affect Safety and Security. Violations involving verbal abuse,
violence, threatening behaviors, sexual harassment, vandalism, drug sale or use or
attempted drug sale or use, intoxication, theft or attempted theft, physical
harassment, sexual misconduct or any behavior that threatens the safety and
security of staff and/or patrons shall be handled as follows: - Initial Violation: The police may be called immediately. If the conduct
constitutes a violation of local, state, or federal law, arrest or criminal
prosecution may ensue. Violations of this nature will result in an immediate
minimum two-week suspension of Library privileges in order to give the
Library sufficient time to investigate the incident. After the investigation is
completed, the Library Director or Library Director’s authorized designee
may add additional time to the initial limitation or suspension period. - Subsequent Violations: The police will be called immediately. If the
conduct constitutes a violation of local, state, or federal law, arrest or
criminal prosecution may ensue. The Library Director or the Library
Director’s authorized designee may further limit or suspend the patron’s
Library privileges in escalating responses, which will be documented in
writing. Subsequent violations of the same rule will result in additional
suspensions of increasing length.
D. Reinstatement. The patron whose privileges have been limited or suspended shall
attend a meeting with the Library Director or the Library Director’s authorized
designee to review the Library Patron Behavior Policy before their privileges may
be reinstated. The Library Director may impose conditions for the reinstatement.
VII. Right of Appeal.
Patrons may appeal (1) a decision to limit or suspend privileges or (2) the conditions placed on
reinstatement by sending a written appeal to the Library Board within ten (10) business days of
the date of the decision. The appeal should be sent to the President of the Library Board, C/O
Belleville Area District Library, 167 4th Street, Belleville, MI 48111. The decision of the
Library Board is final.
Approved by the Belleville Area District Library Board 6-13-2023
MATERIAL SELECTION POLICY
I. Purpose.
The purpose of Belleville Area District Library’s Material Selection Policy (“Policy”) is to set
broad guidelines to assemble, preserve, organize, administer, and promote the use of a wide range
of communication media and to inform the public about the principles upon which selections are
made. These functions are undertaken to further the objectives of the Belleville Area District
Library (“Library”).
II. Definitions:
The term “Library Materials” means books, magazines, DVDs, CDs, library programs or other
synonyms as they may occur in the Policy having the widest possible meaning. This statement of
Policy applies to all Library Materials in the collection, including adult, young adult, and juvenile.
However, this Policy and the term “Library Materials” does not apply to Internet sites available
through the Library’s computers or Internet collection. The Library has no control over the content
of the Internet. Please see the Internet Use Policy for any issues related to computer or Internet
Use.
The term “selection” refers to the decision to add, retain or withdraw material in the collection. It
does not refer to reader guidance.
III. Goals of Materials Selection.
A. To meet individuals’ needs for information through maintenance of a well-balanced
and broad collection of materials for information, reference, and research.
B. To help individuals attain maximum self-development through life-long intellectual
and cultural growth.
C. To support the democratic process by providing materials for the education and
enlightenment of the community.
D. To assist individuals in their pursuit of occupational activity and practical affairs.
E. To provide diverse recreational experience for individuals and groups.
F. To assist institutions of formal education with services that will assist individual
study.
G. To maintain Michigan and local history collections.
IV. Responsibility for Selection.
The responsibility for selection lies with the professional staff of the Library. That staff operates
within the areas of service to children, young adults, and adults. Both the public and staff members
may recommend materials for consideration. The ultimate responsibility for book selection,
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however, rests with the Library Director who operates within the framework of policies determined
by the Library Board of Trustees. The Director shall be responsible for ensuring that the funds
budgeted for collection development are allocated appropriately depending upon the needs of the
Library and the fulfillment of the above Goals of Material Selection.
V. General Principles.
A. Selection of Library Materials is based on the relationship of such work to the
needs, interests and demands of the community. Basic to this Policy is the Library
Bill of Rights and the Freedom to Read Statement of the American Library
Association to which this Library subscribes.
Selection is not made based on anticipated approval or disapproval by patrons or
Library users, but solely on the merits of a work, without regard to the race,
nationality, political or religious view of the writer.
B. Responsibility for the reading material of children rests with their parents or legal
guardians. Selection shall not be inhibited solely by the possibility that books may
inadvertently come into the possession of children.
The Library respects the individual rights of parents to supervise their children’s
choice of reading materials. However, the Library does not have the right to act in
loco parentis (in place of the parent). Therefore, parents who choose to restrict the
materials their children select must accompany those children when they use the
collection to impose those restrictions.
C. Further, Library Materials will not be marked or identified to show approval or
disapproval of contents, and no catalogued book or other item will be sequestered,
except for the express purpose of protecting it from injury or theft. The use of rare
and scholarly items of great value may be controlled to the extent required to
preserve them from harm, but no further.
D. It is the responsibility of the Library to provide circulating, reference, and research
materials for the public and students based on the services the library provides.
VI. Specific Principles for Selection.
The following principles, individually or collectively, will prevail in the selection of all Library
Materials. The total collection will attempt to represent a variety of points of view.
- Community needs, interest, relevance and demands
- Contemporary significance or permanent value
- Lack of bias, factual. Portrays issues sensitively
- Literary, artistic, historical, scientific, or intellectual merit
3 - Recommendations of reviews from professional journals or publications
of national repute - Diversity of viewpoint and availability of other information on the
subject. - Reputation, authority and qualifications of the author, illustrator,
publisher, or producer - Relation of work to existing collection
- Price, format, and ease of use
- Available shelf or storage space
- Availability of material through inter-library loan
- Popular demand: The Library will make an effort to have materials
available which are in high demand by the public; however, selections
by popular demand will still be guided by consideration of merit, use
and the specific principles for selection - Duplication of materials already in the collection; i.e., purchase of
additional copies of materials, shall be governed by intrinsic or
historical value, or immediate need - Objectives of individual collections
VII. Gifts.
Acceptance of gifts shall be governed by the same principles and criteria applied to the selection
of items for purchase. Gifts of books or other materials which do not comply with the Library’s
objectives and policies will be refused. No conditions may be imposed relating to any item either
prior to or after its acceptance by the Library. All gifts and donated materials (including works of
local authors) become the property of the Library. The manner of disposition of any materials
which are not added to the collection will be decided by the Library. See the Library’s
Gift/Donation Policy for more information.
VIII. Maintenance of the Collection.
The collection shall be periodically examined for the purpose of eliminating obsolete, damaged,
duplicate, or unneeded materials, and for binding or repair of materials, in order to maintain a
balanced, attractive and useful Library Materials collection.
IX. Challenges to Materials.
No challenged material shall be removed from the Library’s collection until all steps in the
following process have been completed.
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A. Patrons (“Requester”) who object to Library Materials will be sent to the Library
Director or the Director’s authorized designee.
B. The Director or the Director’s authorized designee will discuss the Library
Materials in question with the Requester, attempting to resolve the concern to both
the Requester’s and Library’s satisfaction.
C. If the Requester wishes to carry the request further, the Director or the Director’s
authorized designee will provide the Requester with a copy of the Materials
Selection Policy, including the Request for Reconsideration of Library Materials
(“Request for Reconsideration”).
D. Once a completed, signed copy of the Request for Reconsideration is received, the
Library Director shall decide the Request for Reconsideration, taking into
consideration the Library’s Materials Selection Policy and any other relevant
information to reach a decision. The Director may consult with any other staff or
consultants when making this decision.
E. The Library Director shall send the decision in writing to the complainant within
seventy-five (75) days of the receipt of the completed Request for Reconsideration
form. If the decision is that the questioned material should be removed from the
collection, the Requester will be notified in writing by the Library Director and all
copies of the item will be withdrawn. If the decision is that the questioned material
is to be retained, the Requester will be notified in writing by the Library Director
that the material will be retained.
F. A written appeal of the Library Director’s decision may be made by the Requester
to the Chair of the Library Board within ten (10) business days after the written
decision is made by the Library Director. The appeal should be sent to the President
of the Library Board, C/O Belleville Area District Library, 167 4th Street, Belleville,
MI 48111. The Library Board will review any documentation it deems necessary
to decide within sixty (60) days of receipt of the appeal. The Library Board may
issue an additional extension if necessary in order to fully evaluate the material.
G. The Library Board serves as the final authority in cases involving retention or
withdrawal of Library Materials.
X. Revision of this Policy.
This Policy shall be reviewed and revised to be consistent with the objectives of the Library.
Library Bill of Rights
The American Library Association affirms that all libraries are forums for information and ideas, and that the
following basic policies should guide their services.
I. Books and other library resources should be provided for the interest, information, and enlightenment of
all people of the community the library serves. Materials should not be excluded because of the origin,
background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical
issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and
enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free
expression and free access to ideas.
V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or
views.
VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make
such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups
requesting their use.
VII. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality
in their library use. Libraries should advocate for, educate about, and protect people’s privacy, safeguarding
all library use data, including personally identifiable information.
Adopted June 19, 1939, by the ALA Council; amended October 14, 1944; June 18, 1948; February 2, 1961;
June 27, 1967; January 23, 1980; January 29, 2019.
Inclusion of “age” reaffirmed January 23, 1996.
Although the Articles of the Library Bill of Rights are unambiguous statements of basic principles that should
govern the service of all libraries, questions do arise concerning application of these principles to specific
library practices. See the documents designated by the Intellectual Freedom Committee as Interpretations
of the Library Bill of Rights (http://www.ala.org/advocacy/intfreedom/librarybill/interpretations).
The Freedom to Read Statement
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public
authorities in various parts of the country are working to remove or limit access to reading materials, to
censor content in schools, to label “controversial” views, to distribute lists of “objectionable” books or
authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free
expression is no longer valid; that censorship and suppression are needed to counter threats to safety or
national security, as well as to avoid the subversion of politics and the corruption of morals. We, as
individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to
assert the public interest in the preservation of the freedom to read.
Most attempts at suppression rest on a denial of the fundamental premise of democracy: that the ordinary
individual, by exercising critical judgment, will select the good and reject the bad. We trust Americans to
recognize propaganda and misinformation, and to make their own decisions about what they read and
believe. We do not believe they are prepared to sacrifice their heritage of a free press in order to be
“protected” against what others think may be bad for them. We believe they still favor free enterprise in
ideas and expression.
These efforts at suppression are related to a larger pattern of pressures being brought against education,
the press, art and images, films, broadcast media, and the Internet. The problem is not only one of actual
censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary
curtailment of expression by those who seek to avoid controversy or unwelcome scrutiny by government
officials.
Such pressure toward conformity is perhaps natural to a time of accelerated change. And yet suppression is
never more dangerous than in such a time of social tension. Freedom has given the United States the
elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables
change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the
toughness and resilience of our society and leaves it the less able to deal with controversy and difference.
Now as always in our history, reading is among our greatest freedoms. The freedom to read and write is
almost the only means for making generally available ideas or manners of expression that can initially
command only a small audience. The written word is the natural medium for the new idea and the untried
voice from which come the original contributions to social growth. It is essential to the extended discussion
that serious thought requires, and to the accumulation of knowledge and ideas into organized collections.
We believe that free communication is essential to the preservation of a free society and a creative culture.
We believe that these pressures toward conformity present the danger of limiting the range and variety of
inquiry and expression on which our democracy and our culture depend. We believe that every American
community must jealously guard the freedom to publish and to circulate, in order to preserve its own
freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to
that freedom to read by making it possible for the readers to choose freely from a variety of offerings.
The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on
these constitutional guarantees of essential rights and will exercise the responsibilities that accompany
these rights.
We therefore affirm these propositions:
Approved by the Belleville Area District Library Board 2/12/2013
Belleville Area District Library
Gift/Donation Policy
The Belleville Area District Library welcomes and encourages gifts and donations which
are consistent with the Library’s Mission Statement.
Print and Non-Print Materials
The Library is pleased to accept print (books) and non-print (DVDs, CDs, etc.) materials
when they comply with the Library’s Collection Development Policy. All gifts are
accepted with the understanding that if the Library is unable to use the materials, they
will be donated to the Friends of the Library Book Sale. Unused donations cannot be
returned to the donor.
Monetary donations for materials may be made in memory or honor of a relative or
friend. The library will select appropriate titles as indicated on the donation form. A gift
plate will be added to each purchased item(s) with the name of the person being honored.
Notification of the gift will be sent to the person designated on the donation form.
Financial Contributions
Cash and Cash Equivalents
Donors may make general donations to support current services, to develop new services
and for capital expenditures like furniture or equipment. Donors may wish to earmark
their contributions to a specific area including but not limited to:
Books and materials
Library computers and technology
Library programming
Gifts of Appreciated Assets
Through gifts of publicly traded securities such as stocks, bonds, or mutual fund shares,
donors have the advantage of seeing their donation at work helping the Library. Gifts of
highly appreciated stock or securities provide donors with a charitable tax deduction,
avoidance of capital gains tax, and the satisfaction of helping the library. Similar benefits
can also be received from gifts of appreciated real estate.
Bequests
A bequest to the Belleville Area District Library creates a legacy for generations of
children of families. Many generous donors have remembered the Library as they
prepare or revise their wills or trusts.
Approved by the Belleville Area District Library Board 2/12/2013
Other Gifts
Gifts and donations other than items which can be used in the library’s collection (such as
art, furniture, etc.) or monetary gifts (as listed above) must be discussed with the Library
Director. All conditions pertaining to the donation must be clearly stated at that time.
The Library Board of Trustees will make the final determination to accept or decline the
gift.
These gifts will be considered in light of the following criteria:
*Relevance to the Library’s Mission Statement
*Space required to house or store the gift(s)
*Cost to maintain or preserve the gift(s)
All gifts and donations accepted may be sold or discarded as the Board sees fit.
Gifts to Library Staff
Individual Library staff cannot accept valuable gifts or any form of currency for the
services they provide as library staff. Appreciative patrons are encouraged to make
contributions to the library as a whole, or provide a gift that all the staff can enjoy
equally.
Receipts
The library can provide receipts for gifts only in the following cases:
*Cash or check donations: A receipt will be given at the time of the donation. A
personalized thank you letter from the Director shall be issued to all donors for
gifts over $200.
*Gifts of Appreciated Assets: A receipt will be sent in the form of a letter
describing the assets. The donor is responsible for assigning and documenting
monetary value for tax purposes.
*All other donations: A receipt will be given only at the time of the donation, if
requested. The receipt will list the number and type of donation only. The donor
is responsible for assigning and documenting monetary value for tax purposes.
*The library cannot give receipts for previously donated material.
The Belleville Area District Library offers exam proctoring as a service in support of the education of our community. This service is free for residents of the City of Belleville, and Van Buren and Sumpter Townships. Non-residents will be charged a $25 fee. Proctoring is by appointment only.
Belleville Area District Library Hotspot Lending Policy
To be eligible to check out a mobile hotspot, users must:
● Possess a valid library card, with an account in good standing.
● Be 18 years of age or older.
● Agree to the terms spelled out in the Hotspot Lending Policy.
BADL hotspots may be checked out for one two-week period, with no renewals. If there is no one
waiting for a hotspot on the holds list, a user may check out a device again after returning the device
and waiting 24 hours. The owner of the library card must be present to check out a hotspot.
Hotspots kept past their due date will be deactivated within 24 hours. Hotspots that enter Lost status
will be assessed an $84 replacement fee and a block will be placed on the library account until the
fee is paid or the hotspot is returned. If a hotspot has not been returned three months past its due
date, the library will order a replacement device and the cardholder will be charged a mandatory $84
fee for replacement regardless of whether the original device is returned.
Library cardholders may place a hold on a mobile hotspot through our catalog. If a hotspot is currently
checked out to a library card, another hold cannot be placed until the hotspot is returned. The owner
of the card the hold was placed with must be present in order to check out the hold.
The replacement fee for a lost or damaged device is $84. Users will be charged a $15 replacement
fee for a lost or damaged charger/cord.
Take care of our devices! As with all electronics, mobile hotspots should not be exposed to water,
extreme heat, cold, or direct sun. Do not leave the device in a car or vehicle for extended periods of
time, and take care when using the hotspot outdoors.
Note to parents and guardians: content filtering is not provided by BADL wireless hotspots. Parents
or guardians should monitor the Internet use of children.
Approved by the BADL Board 12-10-2019
Belleville Area District Library
Facilities Use Policy
The library’s mission is to engage, empower, and enrich the community by providing dynamic
programming and resources; connections and partnerships with local organizations, schools, and
businesses; and a space where residents can share thoughts, ideas, and community services.
The library strives to provide a place where everyone feels comfortable and safe. To that end, the
library’s Code of Conduct governs all library use.
To fulfill its mission, the library provides facilities for library programs, library business meetings, library
sponsored events, and Friends of the Library events. The library may also allow the public use of certain
facilities, meeting rooms, grounds, and display spaces when these areas are not being used by the
library or library-sponsored events.
Library Meeting Rooms
The first floor meeting room(s) and second floor conference room are available for use by Belleville,
Sumpter, and Van Buren community groups for presentations of informational, educational, civic, and
recreational meetings and programs in keeping with the mission of the Belleville Area District Library.
All users agree to hold the library harmless from any loss, damage, liability, costs, claims, and expenses
that may arise as the result of an individual’s or group’s use of the Meeting Rooms.
The Charles B. Cozadd Belleville Rotary Foundation Room seats approximately 100 people. The room
can be subdivided into two rooms: Room A seats up to 60 people and Room B seats up to 24 people.
The Conference Room seats 12 people.
Priority is given to library sponsored activities, and the library reserves the right to cancel any prescheduled meeting one week prior to the event if it conflicts with the operation of the library or the
room is needed for a library-sponsored activity.
All meetings and programs must be open to the public.
Use of the meeting rooms does not imply endorsement by the library of the viewpoints represented.
(See Appendix A: “Meeting Rooms: An Interpretation of the Library Bill of Rights” by the American
Library Association).
The following uses of the meeting rooms are excluded:
- Private social functions such as birthday parties.
- Programs which are not suitable or compatible with the library’s physical facilities such as a
paintball demonstration. - Programs or gatherings which present a clear and present danger to the welfare of the
participants, library staff and patrons, and/or the community. - Groups soliciting or selling products or services with the exception of library sponsored events.
Approved by the BADL Board 12-10-2019
No admission fee, registration fee, or donations may be sought from meeting attendees, except by local
non-profit educational, social service, civic, public, or cultural organizations with the specific permission
of the Library Director.
Groups may not imply in their advertising that their program is co-sponsored or endorsed by the library
unless written permission to do so is granted by the Director or Director’s designee.
Rooms are available only during the library’s operating hours. Reservation forms are available at the
Circulation Desk and on the library’s website. Reservations may be made between 2 and 30 days in
advance. Rooms can be booked 2 times per month for 3 hours a day by an individual organization.
Reservations that fall outside of this scope require approval by the Library Director or Director’s
designee.
The room and facilities shall be left in a clean and orderly condition. The library reserves the right to
assess a fee for damage to furnishings, carpet or walls and/or for cleaning.
A reservation may be cancelled by calling the library 48 hours in advance.
Library Study Rooms - Quiet Study Room: Individuals may use the quiet study room any time that the library is open
for reading, writing, studying, silent contemplation, and the quiet use of laptops. Phone calls
and conversations should be taken outside of this room. Groups will be asked to use one of the
second floor reader tables or a group study room. - Two and Four Person Study Rooms:
o Study rooms may be reserved. Reservations must be made at least one day in advance.
There is a two hour per day time limit. The reservation will be lost if the party is more
than 15 minutes late or if the room has been vacated for longer than a half hour
o Rooms that have not been reserved may be used on a first come, first served basis after
first checking in at the reference desk.
o Recurring reservations can be made by calling the library. There is a three month time
limit to recurring reservations.
o Priority will be given to tutors from the library’s adult literacy program.
o Groups may cancel their reservation online or by calling the library.
o Groups who regularly do not show for the scheduled reservation and do not cancel their
reservation may lose the ability to make further reservations.
o The study rooms shall be left in a clean and orderly condition. The library reserves the
right to assess a fee for damage to furnishings, carpet or walls and/or for cleaning. - Local History Room:
o The Fred C. Fischer Room is available for anyone to enter in order to use the library
materials that are housed there.
o Study groups may use the 8 person table on a first come first served basis after first
checking in at the reference desk. Groups must be aware of the following:
Approved by the BADL Board 12-10-2019
▪ Anyone needing the local history collection may also enter the room.
▪ The library reserves the right to book the room for a specific purpose.
Library Grounds
The library grounds, including the rooftop terrace are open to the general public for informal use during
regular library hours and special group events by prior approval by the Library Director or Director’s
designee. - Grounds are open and available for informal use during library hours as long as such use does
not conflict with scheduled library sponsored events. - Library grounds may not be reserved.
- All library policies apply to individuals using library grounds.
- When using library grounds, no admission may be charged, and products and services may not
be advertised or sold with the exception of library sponsored events. - Any group events must also be open to the public.
Displays, Handouts, Postings, Distribution of Literature, Petitioning, or Solicitation
The Belleville Area District Library, in keeping with its role as an information provider and community
center, offers space for handouts, displays, and bulletin board postings concerning cultural,
governmental, educational and other community oriented activities rather than for commercial or
political purposes. Acceptance by the Library of materials for distribution, posting, or display does not
constitute endorsement of the activity or ideas espoused. Postings may be seen by anyone who walks
into the building, both children and adults. Therefore, postings must meet acceptable community
standards. Library staff must approve all notices, posters, and brochures. Public posters, pamphlets,
and flyers will be displayed as space permits on a first-come, first-served basis on Library bulletin boards
and may be no larger than 11” by 17”. Items may be rejected for lack of space. Items will be removed
after one month or after the event date has passed.
The Library does not allow petitioning, solicitation, distribution of literature or leaflets, canvassing or
similar types of appeals by members of the public within the facility. Failure to comply may result in
suspension of library privileges and or the pursuit of other legal remedies.
Groups or individuals who wish to petition, solicit, canvass or distribute literature to the public outside
of the facility may do so as long as they do not impede access by the public to the facility or interfere
with the use of the facility. However, it is understood that this activity does not constitute an
endorsement by the Library of the issue(s) involved in any such campaign.
Patrons may appeal to the Belleville Area District Library Board with respect to any action taken under
this Facilities Use Policy.
FOIA Requests
Approved by the Belleville Area District Library Board 3-12-2019 BELLEVILLE AREA DISTRICT LIBRARY FREEDOM OF INFORMATION ACT PROCEDURES AND GUIDELINES
I. PURPOSE.
The Belleville Area District Library (“Library”) adopts the public policy set forth in the
Michigan Freedom of Information Act, 1976 PA 442 (“FOIA”), that all persons, except those
persons incarcerated in state, county or federal correctional facilities, are entitled to full and
complete information regarding the affairs of government and the official acts of those who
represent them as public officials and public employees, consistent with the FOIA. Access to
information is important so that people may fully participate in the democratic process. These
Procedures and Guidelines are enacted in compliance with the requirements set forth in Section
4(4) of the FOIA.
II. FOIA COORDINATOR.
The Library Director shall be the FOIA Coordinator. The FOIA Coordinator will respond to
requests in accordance with the FOIA. An employee of the Library who receives a request for a
public record must promptly forward that request to the FOIA Coordinator. The FOIA
Coordinator is responsible for accepting, processing and approving a denial of a request and
signing the written notice of denial. The FOIA Coordinator may designate another individual to
act on his or her behalf in accepting and processing requests for the Library’s public records, and
in approving a denial.
III. REQUEST REQUIRED.
A. Requestor; Public Record. An individual, corporation, limited liability company,
partnership, firm, organization, association, governmental entity, or other legal entity,
except those persons incarcerated in state, county or federal correctional facilities, may
request public records from the Library. “Public Record” has the meaning as defined in
Section 2(e) of the FOIA.
B. Verbal Requests. The Library may, but is not required to, provide public records
in response to a verbal request, unless such verbal request is for information that the
Library believes is available on its website. In such case, an employee, where practicable
and to the best of his or her knowledge, shall inform the requestor about the pertinent
website where the information is available.
C. Written Requests. Except as provided in Section III.B above, a person desiring to
inspect, copy or receive a copy of a public record shall make a written request for the
public record to the Library. A request can be made through a letter, in person, or sent by
electronic transmission.
- Where to Send the Request. Whenever possible, requests for public
records should be directed to the following recipients so that the information can
reach the FOIA Coordinator:
2
a. By mail or in person:
Belleville Area District Library
Attn: FOIA Coordinator
167 Fourth Street
Belleville, MI 48111
b. By e-mail: FOIA.REQUEST.BADL@gmail.com
c. By fax: (734) 699-6352 - Sufficient Description. Requests in writing must identify the public
record sufficiently to allow the Library to find the requested record. If not, the
request may be denied on that basis. - Requester Contact Information Required. A request from a person must
include the following (unless the request is from an individual who qualifies as
indigent under Section 4(2)(a) of the FOIA):
a. the requesting person’s complete name, address, and contact
information, and
b. if the request is made by a person other than an individual, the
complete name, address, and contact information of the person’s agent
who is an individual.
An address must be written in compliance with United States Postal Service
addressing standards. Contact information must include a valid telephone number
or electronic mail address. - Electronic Transmissions. For requests sent by electronic transmission,
the following shall apply:
a. Electronic Transmissions. A written request made by facsimile,
electronic mail, or other electronic transmission is not received by the
Library’s FOIA coordinator until 1 business day after the electronic
transmission is made.
b. Spam or Junk Mail Folder. If a written request is sent by
electronic mail and delivered to the Library’s spam or junk mail folder, the
request is not received until 1 day after the Library first becomes aware of
the written request. The Library shall note in its records both the time a
written request is delivered to its spam or junk mail folder and the time the
Library first becomes aware of that request. The FOIA Coordinator shall
3
be responsible for routinely monitoring the spam and junk mail folders in
order to determine whether they contain any FOIA requests. - Specify Format. The requestor may specify whether he or she would like
to inspect, receive paper copies, or receive the public records on nonpaper
physical media. The Library is only required to comply with the request for
specified nonpaper physical media if it has the technological capability necessary
to provide the public records on the requested nonpaper physical media in the
particular instance. - Subscription. A person has a right to subscribe to future issuances of
public records that are created, issued, or disseminated on a regular basis. A
subscription shall be valid for up to 6 months, at the request of the subscriber, and
shall be renewable.
IV. PROCEDURES FOR RESPONDING TO WRITTEN FOIA REQUESTS.
A. Response. Unless otherwise agreed to in writing by the person making the
request, the Library shall respond to a request within 5 business days after it receives the
request by: - Granting the request (which would include notifying the requestor that all
or a portion of the public records requested are available on the website, if
applicable); - Issuing a written notice to the requesting person denying the request;
- Granting the request in part and issuing a written notice to the requesting
person denying the request in part (which would include notifying the requestor
that all or a portion of the public records requested are available on the website if
applicable); or - Issuing a notice extending for not more than 10 business days the period
during which the Library shall respond to the request.
The Library’s written response shall be considered the final determination regarding the
FOIA request.
B. Understanding the Library’s Response. The Library has an obligation to respond
as required under the FOIA. If the Library grants a written request in full, the requestor
will receive a notice indicating that it has been granted. However, if the request is denied
or denied in part, the Library shall provide the following information:
1 Pursuant to Section 13 of the FOIA, the Library may exempt certain
documents from disclosure. The FOIA Coordinator will review the request to
determine if any exemptions apply. The FOIA Coordinator may request
4
assistance from the Library’s Attorney regarding the application of exemptions.
If exempt, the Library shall provide an explanation of the basis under this act or
other statute for the determination that the public record, or portion of that public
record, is exempt from disclosure, if that is the reason for denying all or a portion
of the request. - A certificate that the public record does not exist under the name given by
the requestor or by another name reasonably known to the Library, if that is the
reason for denying the request or a portion of the request. The denial letter may
indicate that the letter serves as the certificate as required by the FOIA. - A description of a public record or information on a public record that is
separated or deleted pursuant to Section 14 of the FOIA, if a separation or
deletion is made. - A full explanation of the requesting person’s right to do either of the
following:
a. Submit to the Library Board a written appeal that specifically
states the word “appeal” and identifies the reason or reasons for reversal of
the disclosure denial; or
b. Seek judicial review of the denial under Section 10 of the FOIA. - Notice of the right to receive attorneys’ fees and damages as provided in
Section 10 of the FOIA, MCL 15.240, if, after judicial review, the court
determines that the Library has not complied and orders disclosure of all or a
portion of a public record.
C. No Obligation to Create Records. The FOIA does not require the Library to
make a compilation, summary, or report of information. Further, the Library is not
required to create a new public record in order to respond to a request.
D. Documents Available on Website. If the FOIA Coordinator knows or has reason
to know that all or a portion of the requested information is available on its website, the
Library shall notify the requestor in its written response. The written response, to the
degree practicable in the specific instance, shall include a specific webpage address
where the requested information is available.
If all or a portion of the requested records are available on the website and the Library
has included the website address in its written response but the requestor wants the public
records in a paper format or other nonpaper physical media, the Library shall provide the
public records in the specified format. On the detailed itemization, the Library shall
separate the requested public records that are available on its website from those that are
not available on the website and shall inform the requestor of the additional charge to
receive copies of the public records that are available on its website.
5
V. FEES.
The Library may charge a fee for a public record search, for the necessary copying of a
public record for inspection, or for providing a copy of a public record because it has
established, made publicly available, and follows these Procedures and Guidelines and
the FOIA. The fee shall be limited to actual mailing costs and to the actual incremental
cost of duplication or publication including labor; the cost of search, examination and
review; and the deletion and separation of exempt information from non-exempt
information as set forth more fully in these Procedures and Guidelines. The FOIA
Coordinator shall provide a detailed itemization of costs on a standard form, as required
under Section 4(4) of the FOIA (“Detailed Itemization”). The total fee shall not exceed
the sum of the following components:
A. Labor Costs: - Searching for, Locating and Examining.
a. The Library may charge for searching for, locating and examining
public records in conjunction with receiving and fulfilling a granted
written request.
b. The Library shall not charge more than the hourly wage of its
lowest-paid employee capable of searching for, locating, and examining
the public records in the particular instance regardless of whether that
person is available or who actually performs the labor.
c. These labor costs shall be estimated and charged in increments of
15 minutes, with all partial time increments rounded down. - Separating and Deleting Exempt from Non-Exempt:
a. For services performed by an employee of the Library, the Library
shall not charge more than the hourly wage of its lowest-paid employee
capable of separating and deleting exempt information from non-exempt
information in the particular instance, regardless of whether that person is
available or who actually performs the labor. All references in these
Procedures and Guidelines to separating and deleting exempt information
from non-exempt information shall refer to the separation and deletion
requirements set forth in Section 14 of the FOIA, MCL 15.244.
b. If the Library does not employ a person capable of separating and
deleting exempt information from non-exempt information in the
particular instance, it may treat necessary contracted labor costs used for
the separating and deleting of exempt information from non-exempt
information in the same manner as employee labor costs when calculating
charges under this subdivision if all of the following occur:
6
1) The Library’s FOIA Coordinator determines on a case-bycase basis that the Library does not employ a person capable of
separating and deleting exempt information from non-exempt
information.
2) The Library clearly notes the name of the contracted person
or firm on the Detailed Itemization.
3) Total labor costs calculated for contracted labor costs shall
not exceed an amount equal to 6 times the state minimum hourly
wage rate.
c. These labor costs shall be estimated and charged in increments of
15 minutes, with all partial time increments rounded down.
d. The Library shall not charge for labor directly associated with
redaction if it 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.
f. If the Library directly or indirectly administers or maintains an
official internet presence, any public records available to the general
public on that internet site at the time the request is made are exempt from
this labor charge. - Duplication or Publication Labor Charges.
a. The Library may charge labor costs for duplication and
publication, including making paper copies, making digital copies, or
transferring digital public records to be given to the requestor on nonpaper
physical media or through the internet or other electronic means as
stipulated by the requestor.
b. The Library shall not charge more than the hourly wage of its
lowest-paid employee capable of necessary duplication or publication in
the particular instance, regardless of whether that person is available or
who actually performs the labor.
c. Labor costs shall be estimated and charged in increments of one
(1) minute, with all partial time increments rounded down. - Fringe Benefit Costs. The Library may also 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 used to account for benefits in
the Detailed Itemization. Subject to the 50% limitation, the Library shall not
7
charge more than the actual cost of fringe benefits, and overtime wages shall not
be used in calculating the cost of fringe benefits.
If all or a portion of the requested records are available on the website and the
Library has included the website address in its written response but the requestor
wants the public records in a paper format or other nonpaper physical media, the
Library shall provide the public records in the specified format but may use a
fringe benefit multiplier greater than the 50% limitation, not to exceed the actual
costs of providing the information in the specified format. - Overtime Wages. Overtime wages shall not be included in the calculation
of labor costs unless overtime is specifically stipulated by the requestor and
clearly noted on the Detailed Itemization. - Itemization. All labor fee components shall be itemized using both the
hourly wage and the number of hours charged on the Detailed Itemization. - Unreasonably High Costs. The labor fee shall not be charged for (1)
searching for, locating and examining of public records, or (2) the cost of the
deletion and separation of exempt information from non-exempt 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 these unreasonably high costs. The
FOIA Coordinator has authority to determine when the costs are unreasonably
high in a particular instance, including, but not limited to, instances when the
costs would be excessive and beyond the normal or usual amounts for responding
to a request. In doing so, the FOIA Coordinator may take into account
considerations such as the volume and complexity of the FOIA request as well as
the Library’s particular fiscal condition at the time of the request or any other
conditions authorized by law.
B. Other Costs. - Nonpaper Physical Media. Costs for providing records on nonpaper
physical media.
a. The requestor may stipulate that the public records be provided on
nonpaper physical media, electronically mailed, or otherwise
electronically provided to him or her in lieu of paper copies. The Library
is not required to provide the documents on nonpaper physical media if it
lacks the technological capability necessary to provide records on the
requested particular nonpaper physical media.
b. For public records provided to the requestor on nonpaper physical
media, the Library may charge the actual and most reasonably economical
cost of the computer discs, computer tapes, or other digital or similar
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media. The Library may use (but is not required to) a computer disc,
thumb drive or other nonphysical media provided by the requestor but
only if it is provided in its original packaging. Because the safety and
security of the Library’s computers and network is of important public
interest, the Library may take that security interest into account when
determining the means of providing the documents on nonpaper physical
media. - Costs for Providing Paper Copies.
a. For paper copies of public records provided to the requestor, the
Library may charge the actual total incremental cost of necessary
duplication or publication, not including labor.
b. The cost of paper copies shall be calculated as a total cost per sheet
of paper and shall be itemized and noted in a manner that expresses both
the cost per sheet and the number of sheets provided.
c. The fee shall not exceed 10 cents per sheet of paper for copies of
public records made on 8½ by 11 inch paper or 8½ by 14 inch paper. For
all other paper sizes, the Library may charge the actual total incremental
cost of duplication or publication, not including labor.
d. 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. - Mailing Costs.
a. The Library shall charge the actual cost of mailing, if any, for
sending the public records in a reasonably economical and justifiable
manner.
b. The Library shall not charge more for expedited shipping or
insurance unless specifically stipulated by the requestor, but may
otherwise charge for the least expensive form of postal delivery
confirmation when mailing public records.
C. Statutory Fees. The fees set forth in this Section V do not apply to public records
prepared under an act or statute specifically authorizing the sale of those public
records to the public, or if the amount of the fee for providing a copy of the public
record is otherwise specifically provided by an act or statute.
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D. Fees Paid Before Providing Documents. The Library shall require that all fees be
paid in full before providing records in response to granted or granted in part
written requests.
VI. DEPOSIT.
A. Deposit. In either the Library’s initial response or subsequent response as
described under Section 5(2)(d), the Library may require a good-faith deposit before
providing the public records to the requestor if the entire fee estimate or charge
authorized the FOIA exceeds $50.00, based on a good-faith calculation of the total. The
deposit shall not exceed ½ of the total estimated fee, and the Library’s request for a
deposit shall be included in the Detailed Itemization. The response shall also contain a
best efforts estimate by the Library regarding the time frame it will take the Library to
comply with the law in providing the public records to the requestor. The time frame
estimate is nonbinding upon the Library, but the Library shall provide the estimate in
good faith and strive to be reasonably accurate and to provide the public records in a
manner based on this state’s public policy under Section 1 and the nature of the request in
the particular instance. If the Library does not respond in a timely manner as required by
the FOIA, it is not relieved from its requirements to provide proper fee calculations and
time frame estimates in any tardy responses. Providing an estimated time frame does not
relieve the Library from any of the other requirements of this act.
B. Increased Deposit For Prior Unpaid Requests. After the Library has granted and
fulfilled a written request from an individual under this act, if the Library has not been
paid in full the total amount for the copies of public records that the Library made
available to the individual as a result of that written request, the Library may require a
deposit of up to 100% of the estimated fee before it 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 Section 4(7) of the FOIA. - Ninety days have passed since the Library notified the individual in
writing that the public records were available for pick up or mailing. - The individual is unable to show proof of prior payment to the Library.
- The Library calculates a Detailed Itemization that is the basis for the
current written request’s increased estimated fee deposit.
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The Library shall no longer require an increased estimated fee deposit from an individual
described 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; or - Three hundred sixty-five days have passed since the individual made the
written request for which full payment was not remitted to the Library.
C. Payment of Deposit; Abandonment of Request. If a deposit that is required under
Subsection 4(8) or 4(11) of the FOIA (as described in Subsections VI.A and B above) is
not received by the Library within 45 days from receipt by the requesting person of the
notice that a deposit is required, and if the requesting person has not filed an appeal of the
deposit amount, the request shall be considered abandoned by the requesting person and
the public body is no longer required to fulfill the request. This notice of a deposit
requirement is considered received 3 days after it is sent, regardless of the means of
transmission. Notice of a deposit requirement will include notice of the date by which the
deposit must be received, which date is 48 days after the date the notice is sent.
VII. WAIVER OR REDUCTION OF FEES.
A. Waiver of Fees of First $20.00. A public record search shall be made and a copy
of a public record shall be furnished without charge for the first $20.00 of the fee
for each request by either of the following: - Indigency. An individual who is entitled to information under this act and
who submits an affidavit stating that the individual is indigent and receiving
specific public assistance or, if not receiving public assistance, stating facts
showing inability to pay the cost because of indigency.
a. If the requestor is eligible for a requested discount, the Library
shall fully note the discount on the Detailed Itemization.
b. If a requestor is ineligible for the discount, the Library shall inform
the requestor specifically of the reason for ineligibility in the Library’s
written response. An individual is ineligible for this fee reduction if any of
the following apply:
1) The individual has previously received discounted copies
of public records from the Library twice during that calendar year.
2) The individual requests the information in conjunction
with outside parties who are offering or providing payment or
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other remuneration to the individual to make the request, as
verified by an affidavit executed by the requestor. - Certain Non-Profit Organizations. A non-profit organization formally
designated by the state 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 meets all of the following
requirements:
a. Is made directly on behalf of the organization or its clients.
b. 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.
c. Is accompanied by documentation of its designation by the state, if
requested by the Library.
B. Public Interest Reduction or Waiver. The FOIA Coordinator may reduce or
waive the imposition of fees if the FOIA Coordinator determines 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.
C. Reduction for Late Responses. If the Library does not respond to a written
request in a timely manner as required by the FOIA, the Library shall do the following: - Reduce the charges for labor costs by 5% for each day the Library exceeds
the time permitted, with a maximum 50% reduction, if either of the following
applies:
a. The late response was willful and intentional.
b. The written request:
(i) 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
(ii) 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 for
this act, on the front of an envelope, or in the subject line of an electronic
mail, letter, or facsimile cover page.
12 - If a charge reduction is required, the Library shall fully note the charge
reduction on the Detailed Itemization.
IX. INSPECTION.
Upon request, the Library must furnish a requesting person a reasonable opportunity for
inspection and examination of its public records, and must furnish reasonable facilities
for making memoranda or abstracts from its public records during the usual business
hours. Pursuant to Section 4(1) of the FOIA, the Library may charge a fee for the public
record search, for the necessary copying of a public record for inspection or for providing
a copy of the public record after inspection.
The FOIA permits the Library to make reasonable rules necessary to protect its public
records and to prevent excessive and unreasonable interference with the discharge of its
functions. The Library must protect public records from loss, unauthorized alteration,
mutilation, or destruction. As such, the Library authorizes the FOIA Coordinator to
determine whether in a particular circumstance an employee or agent of the Library must
be present at any inspection of documents to protect the public records, and in such cases
may assess charges as appropriate under law.
X. CERTIFIED COPIES.
The Library must, upon written request, furnish a requesting person a certified copy of
the public record disclosed in whole or in part by the Library.
XI. APPEALS.
A. Appeal of a Final Determination to Deny All or a Portion of the Request. - Submit an Appeal. If a requestor desires to appeal all or part of a final
determination to deny a request, the requestor must submit to the Belleville Area
District Library Board (“Library Board”) a written appeal that specifically states
the word “appeal” and identifies the reason or reasons for reversal of the denial. - Receipt of Appeal. 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. - Response to Appeal. Within 10 business days after receiving a written
appeal, the Library Board shall do 1 of the following:
a. Reverse the disclosure denial.
b. Issue a written notice to the requesting person upholding the
disclosure denial.
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c. Reverse the disclosure denial in part and issue a written notice to
the requesting person upholding the disclosure denial in part.
d. Under unusual circumstances, issue a notice extending for not
more than 10 business days the period during which the Library Board
shall respond to the written appeal. The Library Board shall not issue more
than 1 notice of extension for a particular written appeal.
B. Appeals of Fees (Including Deposits). - Submit an Appeal. If the Library requires a fee that exceeds the amount
permitted under these Procedures and Guidelines or Section 4 of the FOIA, the
requesting person may submit to the Library Board a written appeal for a fee
reduction that specifically states the word “appeal” and identifies how the
required fee exceeds the amount permitted under these Procedures and Guidelines
or Section 4 of the FOIA. - Receipt of Appeal. The Library Board is not considered to have received
a written appeal under until the first regularly scheduled meeting of the Library
Board following submission of the written appeal. - Response of Appeal. Within 10 business days after receiving a written
appeal, the Library Board shall do 1 of the following:
a. Waive the fee.
b. Reduce the fee and issue a written determination to the requesting
person indicating the specific basis under Section 4 of the FOIA 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 its publicly
available Procedures and Guidelines and Section 4 of the FOIA.
c. Uphold the fee and issue a written determination indicating the
specific basis under Section 4 of the FOIA 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 and Guidelines and Section 4 of the FOIA.
d. 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.
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XII. CIVIL ACTION.
A. Civil Action for Non-Disclosure or Denial of Public Records. - Civil Action After Appeal: If the Library Board fails to respond to a
written appeal or if the Library Board upholds all or a portion of the disclosure
denial that is the subject of the written appeal, the requesting person may seek
judicial review of the nondisclosure by commencing a civil action within 180
days after the Library’s final determination to deny a request. - Civil Action Directly After Denial. A requestor may also commence a
civil action in the circuit court to compel the Library’s disclosure of the public
records within 180 days after the Library’s final determination to deny a request.
The requestor is not required to appeal the denial to the Library Board before
commencing the civil action. - Remedies; Fines. If the court determines a public record is not exempt
from disclosure, it shall order the Library to cease withholding or to produce all or
a portion of a public record wrongfully withheld. If the person prevails, the court
shall award reasonable attorneys’ fees, costs, and disbursements. If the person or
Library prevails in part, the court may, in its discretion, award all or an
appropriate portion of reasonable attorneys’ fees, costs, and disbursements. If the
court determines that the Library has arbitrarily and capriciously violated this act
by refusal or delay in disclosing or providing copies of a public record, the court
shall order the Library to pay a civil fine of $1,000.00 and shall award, in addition
to any actual or compensatory damages, punitive damages in the amount of
$1,000.00.
B. Civil Action Regarding Fees. - Civil Action After Appeal. A requestor may commence a civil action in
the circuit court for a fee reduction if the Library (1) failed to respond to a written
appeal or (2) made a determination on a written appeal. A requester must submit
an appeal to the Library Board for a fee reduction before commencing a civil
action. If a civil action is commenced against the Library, 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. This action must be filed within 45
days after receiving notice of the determination of an appeal to the Library Board. - Remedies; Fines. If the requesting person prevails by receiving a
reduction of 50% or more of the total fee, the court may, in its discretion, award
all or an appropriate portion of reasonable attorneys’ fees, costs, and
disbursements. If the court determines the Library has arbitrarily and capriciously
violated this act by charging an excessive fee, the court shall order the Library to
pay a civil fine of $500.00, which shall be deposited in the general fund of the
state treasury. The court may also award, in addition to any actual or
15
80231:00001:4071256-1
compensatory damages, punitive damages in the amount of $500.00 to the person
seeking the fee reduction.
XIII. FOIA RECORD RETENTION.
The FOIA Coordinator must keep a copy of all written requests and documents sent in
response to the request for public records on file for no less than 1 year, unless a longer
retention time has been specified in a record retention policy applicable to the Library.
XIV. PUBLICATION AND NOTIFICATION OF PROCEDURE AND GUIDELINES.
Because the Library maintains a website, these Procedures and Guidelines and the
summary shall be posted and maintained on the website. The Library shall make these
Procedures and Guidelines and summary publicly available by providing free copies both
in the response to a written request and upon request by visitors at the Library. However,
the Library may include the website link instead of providing paper copies in its response
to a written request.
XV. SEVERABILITY; ENFORCEABILITY.
If any clause, provision or section of these Procedures and Guidelines shall be ruled
invalid or unenforceable by any court of competent jurisdiction, the invalidity or
unenforceability of such clause, provision or section shall not affect any of the remaining
clauses, provisions or sections. If any of the Procedures and Guidelines is determined by
the FOIA Coordinator to be in conflict with the FOIA or other law after adoption, the
FOIA Coordinator has the authority to process FOIA requests in conformance with the
FOIA and shall seek to amend these Procedures and Guidelines as soon as possible.
XVI. EFFECTIVE DATE.
These Procedures and Guidelines shall become effective upon approval.
Approved by the Belleville Area District Library Board 3-12-2019
BELLEVILLE AREA DISTRICT LIBRARY
WRITTEN PUBLIC SUMMARY OF THE
FREEDOM OF INFORMATION ACT PROCEDURES AND GUIDELINES
The Belleville Area District Library (“Library”) adopts this written public summary pursuant to
the requirements of Section 4(4) of the Michigan Freedom of Information Act, 1976 PA 442
(“FOIA”) so that the public will understand the Library’s Procedures and Guidelines for
processing FOIA requests. This is a summary of the Procedures and Guidelines. A complete
copy of the Procedures and Guidelines is available at the Library located at 167 Fourth Street,
Belleville, Michigan 48111 or on the website at http://www.belleville.lib.mi.us/foia-policy/.
A. How Can I Request a Public Record?
A person (except those persons incarcerated in state, county or federal correctional
facilities), may request public records.
The requestor must send a written request for the public record to the Library. A request
can be made through a letter, in person, or sent by electronic transmission. The requests
should be directed to the FOIA Coordinator. The contact information is as follows:
Belleville Area District Library.
A request from a person must include (unless the request is from an individual who
qualifies as indigent) the person’s complete name, address (in compliance with United
State Postal Service standards), and contact information, and if made by a person other
than an individual, the complete name, address, and contact information of the person’s
agent who is an individual. Contact information must include a valid telephone number or
electronic mail address.
The requestor will not be required to use a specific form or format, but requests must
identify the public record sufficiently to allow the Library to find the requested record.
The Library may, but is not required to, respond to a verbal request. However, if the
Library believes the information is available on its website, the Library will inform the
requestor of the website location where practicable and to the best of his or her
knowledge.
B. When Can I Expect a Response?
Unless otherwise agreed to in writing, the Library will respond or seek a deposit within 5
business days after it receives the request. However, the Library may extend that time
period by 10 business days.
Please keep in mind that a request sent by e-mail or other electronic means is not
considered received until 1 business day after it is transmitted. If the request is sent to a
spam or junk mail folder, it is not considered received until 1 day after it is discovered.
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C. How Can I Understand the Response?
If the Library grants a written request in full, the requestor will receive a notice indicating
that it has been granted.
However, if the request is denied or denied in part, the Library shall provide any or all the
following information, depending upon the reason for the denial:
o An explanation of the basis that the public record, or portion of that public record,
is exempt from disclosure, including a description of the information that is
separated or deleted.
o A certificate that the public record does not exist under the name given by the
requestor or by another name reasonably known to the Library.
o A full explanation of the requesting person’s right to (1) submit to the Library
Board a written appeal; or (2) seek judicial review of the denial under Section 10
of the FOIA. (See below for more details).
o Notice of the right to receive attorneys’ fees and damages if a court determines
that the Library has not complied and orders disclosure of all or a portion of a
public record.
If a request is granted in part or granted in full, the Library will require payment before
providing documents.
D. What if I Request Documents Available on the Website?
If documents are available on the website, to the degree practicable, the response will
include a specific webpage address where the requested information is available.
The Library will inform the requestor of the additional charge to receive copies of the
public records that are available on its website.
E. What Fees Will the Library Charge?
The FOIA Coordinator will provide a detailed itemization of costs.
For labor costs, the fee shall not exceed the sum of the following components:
o Hourly Wage. The Library will not charge more than the hourly wage of its
lowest-paid employee capable of searching for, locating, and examining the
public records; separating and deleting exempt information from non-exempt
information; and for duplication and publication regardless of whether that person
is available or who actually performs the labor, except if the Library does not
employ a person capable of separating and deleting exempt information from nonexempt information, it may treat necessary contracted labor costs for that purpose
in the same manner as employee labor costs but may not exceed 6 times the State
minimum hourly wage.
3
o Time Increments: The fee will be charged in fifteen (15) minute increments, with
all partial time rounded down, except the labor fee for duplication and
publication, which shall be charged in one (1) minute increments.
o Determination of Unreasonably High Labor Costs. The fee for searching for,
locating and examining public records and separating exempt information from
non-exempt information (including redacting) will not be charged, 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 these unreasonably high costs.
o Overtime. Overtime wages shall not be included unless agreed to by the
requestor.
o Description of Charge. The detailed itemization will include both the hourly
wage and the number of hours charged.
o Fringe Benefit Costs. The Library may also add up to 50% to the applicable labor
charge amount (but may not exceed actual costs) to cover or partially cover the
cost of fringe benefits if it clearly notes the percentage multiplier used to account
for benefits, unless a requestor wants records that are available on the website. In
which case, the fringe benefit multiplier can be greater than the 50% limitation.
For public records provided to the requestor on nonpaper physical media (discs, flash
drives, e-mails), the Library may charge the actual and most reasonably economical cost
of the media.
For paper copies, the Library may charge the actual total incremental cost of necessary
duplication or publication not to exceed $.10 per page (single or double sided) for 8½ by
11 inch paper or 8½ by 14 inch paper. The Library will charge the actual cost of copies
made on paper of a different size. The Library will use double-sided printing, if cost
saving and available.
The Library may charge the actual cost of mailing and the least expensive form of postal
delivery confirmation.
F. Will a Deposit be Required? When do I have to Pay the Deposit?
The Library may require a good-faith deposit of ½ of the estimated fee if the entire fee
estimate or charge authorized under the FOIA exceeds $50.00, based on a good-faith
calculation of the total estimated fee.
The Library will also provide a best efforts, nonbinding estimate of the time frame it will
take the Library to provide the public records to the requestor.
If the Library has granted a prior request but has not been paid in full, the Library may
require a deposit of up to 100% of the estimated fee if all of the following apply:
o The final fee for the prior written request was not more than 105% of the
estimated fee.
o The public records made available contained the information being sought in the
prior written request and are still in the Library’s possession.
o The public records were made available to the individual, subject to payment,
within the time frame estimate described Section 4(7) of the FOIA.
4
o Ninety days have passed since the Library notified the individual in writing that
the public records were available for pick up or mailing.
o The individual is unable to show proof of prior payment to the Library.
o The Library calculates a Detailed Itemization that is the basis for the current
written request’s increased estimated fee deposit.
The Library shall no longer require an increased estimated fee deposit if any of the
following apply:
o The individual is able to show proof of prior payment in full to the Library;
o The Library is subsequently paid in full for the applicable prior written request; or
o Three hundred sixty-five days have passed since the individual made the written
request for which full payment was not remitted to the Library.
If a deposit is not received within 45 days from receipt of the deposit notice letter (it is
considered received 3 days after it is sent), and no appeal of the deposit amount is filed,
the request is abandoned. The notice of a deposit will include the date by which the
deposit must be received (48 days after notice is sent).
G. Am I Entitled to a Wavier or Reduction of Fees?
A reduction of the fee by $20.00 is available to certain individuals who submit an
affidavit stating they are indigent and receiving public assistance, or if not receiving
public assistance, stating facts showing in ability to pay because of indigency. For this
reduction to apply, the individual may not have received discounted fees twice during
that calendar year and the person may not be requesting on behalf of parties who are
paying to make the request.
A reduction of the fee by $20.00 is also available to certain non-profit organizations
formally carrying out activities under subtitle C of the developmental disabilities
assistance and bill of rights act of 2000, and the protection and advocacy for individuals
with mental illness act, provided that the request is made on behalf of the organization or
its clients, is made for a reason consistent with the laws under Section 931 of the mental
health code and is accompanied by documentation of its designation by the state.
The FOIA Coordinator may reduce or waive the imposition of fees if the FOIA
Coordinator determines 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.
If the Library does not respond to a written request in a timely manner as required by the
FOIA, the Library shall reduce the charges for labor costs by 5% for each day the Library
exceeds the time permitted, with a maximum 50% reduction, if the late response was
willful and intentional or the written request included specific language as set forth more
fully in the Procedures and Guidelines.
H. How Can I Appeal a Decision to Deny All or Part of My Request?
5
If a requestor desires to appeal all or part of a decision to deny a request, the requestor
must submit to the Belleville Area District Library Board (“Library Board”) a written
appeal that specifically states the word “appeal” and identifies the reason or reasons for
reversal of the denial.
The Library Board is not considered to have received a written appeal until the first
regularly scheduled meeting after submission of the written appeal.
The Library will respond within 10 business days by reversing the disclosure denial,
upholding the denial, revising in part and upholding in part the denial or issuing a 10
business day extension.
I. How Can I Appeal a Determination of the Fee or Deposit Amount?
The requestor may submit to the Library Board a written appeal for a fee reduction that
specifically states the word “appeal” and identifies how the required fee exceeds the
amount permitted under the Procedures and Guidelines or Section 4 of the FOIA.
The Library Board is not considered to have received a written appeal until the first
regularly scheduled meeting after submission of the written appeal.
The Library will respond within 10 business days by waiving the fee, reducing the fee
and explaining the basis for the remaining fee, upholding the fee or issuing a 10 business
day extension.
J. Can I File a Lawsuit Regarding the Denial of a FOIA Request?
If the Library Board fails to respond to a written appeal or if the Library Board upholds
all or a portion of the disclosure denial that is the subject of the written appeal, the
requestor may seek judicial review of the nondisclosure by commencing a civil action
within 180 days after the Library’s final determination to deny a request. A requestor
may also commence a civil action in the circuit court to compel the Library’s disclosure
of the public records within 180 days after the Library’s final determination to deny a
request. The requestor is not required to appeal the denial to the Library Board before
commencing the civil action.
If a person prevails in an action regarding the denial of a request, the court shall award
reasonable attorneys fees, costs and disbursements. If the person prevails in part, the
court may award all or a portion of the attorneys’ fees, costs and disbursements. If the
court determines the FOIA was arbitrarily or capriciously violated, the court shall order a
civil fine of $1,000.00 to be paid to the state treasury. The court may also award actual,
compensatory or punitive damages.
K Can I File a Lawsuit Regarding the Fee Charged For a FOIA Request?
A requestor may commence a civil action in the circuit court for a fee reduction if the
Library (1) failed to respond to a written appeal or (2) issued a determination of a written
appeal. This action must be filed within 45 days after receiving notice of the
determination of an appeal to the Library Board. The requester must file an appeal for a
fee reduction before commencing a circuit court action.
6
If a person prevails in an action by receiving a reduction of 50% or more of the total fee,
the court may award all or a portion of the reasonable attorneys’ fees. If the court
determines FOIA was arbitrarily or capriciously violated, the court shall order a civil fine
of $500.00 to be paid to the state treasury. The court may also award actual,
compensatory or punitive damages.

