Introduction

The Henika District Library (“Library”) is subject to the provision of the Americans with Disabilities Act (“ADA”).  As a local government, the Library’s services, programs, and activities, including but limited to its website, are required to comply with ADA. 

Purpose

The Library is committed to ensuring that no qualified individual with a disability shall, on the basis of a disability, be denied the benefits of the Library’s services, programs, or activities. 

Policy:  Reasonable Accommodations

1. Applicability.  Reasonable accommodations may be made in accordance with the law for individuals with a disability. A “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities.  
2. Accommodations Requested.   Individuals needing special auxiliary aids or services or other reasonable accommodations for access to Library programs, services, activities, or meetings should make a request by contacting the Library Director within a reasonable time in advance of the needed service, program, activity. or meeting in order that arrangements may be made. 

The person requesting the accommodation shall work with the Director to determine whether there is a reasonable accommodation that would enable the person to participate in the program, service, or activity at issue.  This may include providing information regarding the requested accommodation to the extent such inquiries are permitted by law.

1. Reasonable Accommodations.  The Library shall make reasonable modifications to policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity or impose an undue financial or administrative burden.  The reasonable accommodation is not always the accommodation that is requested.

Policy: Service Animals

1. Service Animals Permitted.  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.  Service Animals are permitted to accompany individuals with disabilities in all areas of the Library where the public is allowed to go. 
2. Permitted Inquiries.  The Library is permitted to ask the person requiring a Service Animal the following questions: (i) is the animal a service animal required because of a disability? (ii) what work or task has the animal been individually trained to perform? The Library may not ask about the individual’s disability, require medical documentation, require a special identification card, or ask that the service animal demonstrate its ability. 
3. Removal of Service Animals.  A service animal may be removed for either of the following reasons: (i) the animal is out of control and the handler does not take effective action to control it; or (ii) the animal is not housebroken.

Policy: Reasonable Accommodations Dealing with Wheelchairs, Mobility Aids, and Other Power Driven Mobility Devices

1. When Permitted.  Wheelchairs, Mobility Aids, and Other Power Driven Mobility Devices (“OPDMDs”) are only permitted by those who require them because of a disability.  All other uses of OPDMDs inside the Library are prohibited.  The Library is permitted to ask the person using the device to provide a “credible assurance” that the device is necessary because of a disability.  The Library Director or his or her designee shall obtain such credible assurances if required.
2. Where Permitted.  OPDMDs shall be permitted in all areas where patron pedestrian traffic is permitted.  When not in use, OPDMDs cannot impede entrances or walkways.
3. Speed.  OPDMDs shall be operated at the speed of walking pedestrian traffic, which is approximately 3 miles per hour. 
4. Prohibited OPDMDs.  OPDMDs that use a gas or combustion engine are prohibited from operating inside of the Library.

Grievance Procedure 

This Grievance Procedure is established to meet the requirements of the ADA.  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability by the Library in the provision of its services, activities and programs.  Please note that the policy applies to patrons and users of the Library. 

A complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of the complainant and location, date, and description of the problem.  Alternative means for filing a complaint, such as personal interviews or a tape recording, will be made available for persons with disabilities upon request.  A complaint should be submitted by the grievant or his/her designee as soon as possible but no later than 15 business days after the date of the alleged violation to: 

Library Director

Henika District Library

149 South Main St.

Wayland, MI 49348

Within 15 business days after receipt of a complaint, the Library Director or designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 business days of the meeting, the Library Director will respond in writing and, when appropriate, in a format accessible to the complainant, such as large print or audio tape.  The response will explain the position of the Library and offer options for substantive resolution of the complaint. 

If the response by the Library does not satisfactorily resolve the issue, the complainant or his/her designee may appeal the decision within 15 business days after receipt of the response to the Library Board.  After receipt of the appeal, the Library Board shall hear the appeal and notify the complainant in writing and, when appropriate, in a format accessible to the complainant, with a final resolution of the complaint. 

All written complaints received by the Library Director or the Library Board of Trustees will be retained by the Library for at least three years. 

 

Adopted: 7/16/2024

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Purpose

The Henika District Library strives to provide a safe, welcoming atmosphere for its patrons. Caregivers are responsible for the welfare and the behavior of children and/or vulnerable adults using the Henika District Library facilities. Although staff will always respond with care and concern, the Library is not responsible for the safety and comfort of unattended children or vulnerable adults. Henika District Library assumes no responsibility for children or vulnerable adults of any age left unattended at the library.  Parents and legal guardians assume all liability for damage done by their children or vulnerable adults to the library facility, equipment, and materials or any bodily injury that may occur. 

Definitions

1. “Child” means a minor under the age of 18. 
2. “Vulnerable Adult” means an individual age 18 or over who, because of developmental disability, mental illness, physical disability or other similar reason (1) requires supervision or personal care or (2) lacks the personal and social skills required to live independently. 
3. “Caregiver” means parents, guardians, or responsible assigned caregivers at least 12 years old.

Rules and Regulations Regarding Children

1. All patrons, including children, are expected to comply with the Library's policies, including its Patron Behavior Policy. Caregivers shall review and be fully aware of all Library policies governing children, particularly the Internet Use Policy.
2. Caregivers are responsible for the behavior and supervision of their children regardless of age while in the Library.
3. Library Staff will not be expected to supervise or monitor children's behavior outside of the library’s policies.
4. Children under 10 years of age must be attended by a caregiver while on the library premises. The caregiver shall remain in the Library at all times. If a child under the age of 10 is attending a Library sponsored program on the premises, the caregiver is to remain on the premises for the duration of the program. Exceptions are made on a case by case basis at the discretion of the Library Director.
5. Children of any age who, because of developmental disability, mental illness, physical disability or other similar reason, require supervision or personal care shall be attended by a caregiver at all times.
6. Children under the age of 6 must be within the visual contact of a caregiver at all times, including during programs and visits to the restroom.
7. Staff will not be responsible if unattended children of any age leave the library premises alone or with other persons. Further, staff will not be responsible for children who may be asked to leave the Library if the child is in violation of Library policy.
8. We request that all unattended children be picked up at least ten minutes before closing time if they require transportation. Caregivers need to be aware of when the Library closes.
9. Children 10 years or older must know their parent or guardian’s telephone number and other contact information if they are unattended at the Library. It is a violation of Library policy not to come immediately and pick up your unattended child if the Library calls. 

Rules and Regulations Regarding Vulnerable Adults

1. All patrons, including vulnerable adults are expected to comply with the Library's policies, including its Patron Code of Conduct Policy. Caregivers shall review and be fully aware of all Library policies, particularly the Internet Use Policy.
2. Caregivers are responsible for the behavior and supervision of the vulnerable adult in their care while in the Library or on Library property.
3. Vulnerable adults who are unable or unwilling to care for themselves or who do not have the ability to use the Library independently may not be left alone in the Library and must have adequate supervision while in the Library.
4. Vulnerable adults who can understand and follow the Patron Code of Conduct Policy and who can care for themselves are allowed to be in the Library unattended. They should have contact information for someone who can assist them in an emergency.
5. We request that all vulnerable adults be picked up at least ten minutes before closing time if they require transportation. Caregivers need to be aware of when the Library closes.
6. Vulnerable adults must know their telephone number and other contact information if they are unattended at the Library. It is a violation of Library policy not to come immediately and pick up your vulnerable adult if the Library calls. 

Contact with Parent or Guardian for Unattended Child or Vulnerable Adult 

1. Library staff will attempt to contact a parent or legal guardian when:
   • The health or safety of an unattended child or vulnerable adult is in doubt.
   • The behavior of an unattended child or vulnerable adult violates Library policy.
   • The unattended child or vulnerable adult has not been met by a caregiver at closing time. An individual is considered an unattended vulnerable adult when he/she is not picked up by closing time and needs assistance procuring transportation.
2. If a caregiver cannot be reached within 5 minutes after closing or fails to arrive within a reasonable time after being contacted, Library staff will contact law enforcement officials to take charge of the situation involving the unattended child or vulnerable adult. Library employees are not permitted to transport an unattended child or vulnerable adult under any circumstances.
3. If the caregiver can be reached within 5 minutes after closing and arrives in a reasonable time, the staff member shall explain the Library’s policy and provide a copy of this Policy.
4. Two Library staff members shall remain with the unattended child or vulnerable adult until the caregiver or law enforcement arrive. 

Lost Children

1. At no time should children under the age of 6 be left in the youth area or any other area of the library out of view of their caregivers.  If it is determined that a child is lost or unattended, the child should be brought to a member of the supervisory staff.  That supervisor shall then try to identify and locate the parent(s) or responsible adult(s).  The following steps shall be followed:
   • The supervisor will walk through the building with the child.
   • If a parent or responsible adult is not found in the building, the child will stay in the company of the supervisor until the caregiver can be contacted by telephone.
   • When contact with the caregiver is made, the policy regarding lost or unattended children shall be explained, and they will be requested to pick up the child.
   • If the caregiver has not been located within fifteen minutes and cannot be reached by phone, or if the library is closing, the supervisor shall contact the City Police for further assistance.
2. If a caregiver cannot locate their child, an announcement should be made and staff members should block the exits.  All other available staff should search for the child in the building or on library grounds outside. If the child has not been located within ten minutes, a member of the supervisory staff shall contact the City Police for further assistance.  Once the police arrive, staff may resume normal duties.

Adopted: 4/21/92

Revised: 10/16/96

Revised: 8/12/98

Revised: 7/14/05

Revised: 4/16/15

Revised: 1/10/19

Revised: 9/13/22

Purpose

The purpose of this policy is to provide a process for addressing violations of the Henika District Library policies.  This Library Violations and Appeal Policy (“Policy”) will set forth the process and procedure for violations of certain Library policies in which there is a violation and appeal provision, including but not limited to the Patron Behavior, Meeting Room, Internet Use, and Children and Vulnerable Adults in the Library Policies.

Library Director/Designee’s Right to Suspend Privileges

Upon determining that a Library policy has been violated, 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.  If necessary, the local police may be called to intervene. 

Incident reports

Library Staff shall record in writing in the form of an Incident Report any violation of Library policy that resulted in a verbal warning or a suspension of Library privileges.  By the end of the day on which the incident occurred, an Incident Report shall be written and forwarded to the Library Director for logging and review.  The Incident Report should include physical descriptions in addition to the name of the patron.  A copy of the limitation or suspension of privileges letter should be attached, if applicable. 

Violation of the Policy – Suspension of Privileges

1. General Violations.  Unless otherwise provided in Section IV.B of this Library Violations Enforcement Policy, the Library shall handle violations as follows:
   • Initial Violation:  Library patrons observed violating a Library policy will be asked to cease the violation with a verbal request.  If the patron does not comply with the request, he or she will be asked to leave the building for the day.  If he or she refuses, police may be called. 
   • Subsequent Violations:  The Director or the Director’s authorized designee may further limit or suspend the patron’s Library privileges if violations of the same rule continue.  Such limitation or suspension shall be in writing specifying the nature of the violation.  Subsequent violations of the same rule shall result in additional suspensions of increasing length.
2. Violations that Affect Safety and Security.  Violations of Library policy that affect safety and security, including but not limited to violations involving verbal abuse, violence, threatening behaviors, child pornography or obscenity, 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 will be called immediately if the conduct constitutes a violation or suspected 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 his/her 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 or suspected violation of local, state, or federal law.  Arrest or criminal prosecution may ensue.  Subsequent violations of the same rule shall result in additional limitations or suspensions of increasing length.  Such limitations or suspensions shall be in writing specifying the nature of the violation.  

Reinstatement

The patron whose privileges have been limited or suspended shall attend a meeting with the Director or the Director's designee to review the Library policy that was the subject of the violation before their privileges may be reinstated.  The Director may also attach reasonable conditions to any reinstatement. 

Right of Appeal

Patrons may appeal a decision (1) to limit or suspend privileges or (2) to attach conditions to any reinstatement by sending a written appeal to the Library Board within ten (10) business days of the date the privileges were revoked or limited or the conditions were made.  The appeal should be sent to the President of the Library Board.  The decision of the Library Board is final.

 

Adopted: 6/11/2024

Introduction

The Henika 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 (interior and exterior), all grounds controlled and operated by the Library (“Library Property”), and to all persons entering in or on to Library Property, unless otherwise specified.   

Rules for a Safe Environment

1. 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 Library Property without authorization through the approved lending procedures, vandalism, or copyright infringement) is prohibited.
2. Weapons.  Carrying guns, pistols, or other weapons, except as specifically permitted and exempt from local regulation by law, on Library Property is prohibited.
3. 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.
4. Recreational Equipment and Personal Transport Devices.  Use of skateboards, rollerblades, roller skates, or other wheeled form of recreational equipment (including toys that can be ridden or wagons) 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.
5. 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.
6. 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.  Animals may not be left unattended or be off-leash on Library Property.
7. Incendiary devices.  The use of incendiary devices, such as candles, matches, and lighters, is prohibited inside the Library.
8. Staff Only Areas.  Patrons shall not be permitted in any areas designated as “staff only” unless otherwise permitted by the Library Director.
9. School Groups.  School groups using the Library must have approval of the Library Director and must have a teacher and other appropriate staff present to ensure that the students use the Library in conformance with these rules.

Rules for Personal Behavior

1. 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, for example, the Library prohibits large items such as suitcases, duffle bags or large plastic garbage bags. Items must be small enough to fit under a chair at the Library.
   • The Library is not responsible for personal belongings left unattended and Library staff is not permitted to guard or watch personal belongings.
   • 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.
2. Food and Beverages.  Food and beverages are only permitted in designated areas. Patrons must properly dispose of food wrappers and beverage containers.  Food and uncovered beverages are not permitted at the public computer area.
3. Unauthorized Use.  Patrons must leave the Library Property promptly at closing time and may not be in the Library when it is not open to the public.  The Library does not permit overnight parking in the Library’s parking lot.   Further, any patron whose privileges to use the Library have been denied may not enter the Library or be on Library Property.  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, his or her designee, or the Library Board.
4. 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. Patrons not engaged in reading, studying, writing, participating in scheduled Library programs, or using Library materials shall be required to leave the Library and shall not remain on Library Property.  This includes sleeping on Library furniture, the floor, or outside on Library Property. 
5. Considerate Use.  The following behavior is prohibited in the Library or on Library Property:
   • Spitting;
   • Running, pushing, shoving, fighting, throwing items, provoking a fight or other unsafe physical behavior;
   • Climbing on furniture;
   • 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 person to do his or her job.
6. Panhandling or Soliciting for Money, Products, and Services.  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.
7. Interference with Staff.  Patrons may not interfere with the staff’s performance of duties in 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, inappropriate personal comments, sexual advances, or physical and/or verbal harassment.
8. 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:
     • Persons or groups are requested to sign in at the Checkout Desk in advance.
     • 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.
     • Permitted areas for campaigning, petitioning, interviewing, survey-taking, pamphleteering, canvassing and soliciting outside of the Library building shall be limited to areas 25 feet from all entrances.
     • No person shall block ingress or egress from the Library building.
     • Permitted times will be limited to the operating hours of the Library.
     • Campaign material, literature or petitions may not be brought into the Library, posted at the Library or left on Library property.
9. Sales.  Selling merchandise on Library Property without prior permission from the Library Director is prohibited.
10. Distributions; Postings.  Distributing or posting printed materials/literature on Library Property not in accordance with Library policy is prohibited.
11. 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.   Library materials may not be taken into restrooms.
12. 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 person to do his or her job is prohibited; (3) would create or may result in a hostile work environment for Library staff; and/or (4) that violates Michigan or federal law.
13. 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.
14. 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). 
15. Phones.  Those patrons desiring to use phones to place or receive calls must use the phones quietly so as not to disturb other patrons, outside of the Library building or in the Library’s lobby.  Phones shall be placed on silent or vibrate mode upon entering the Library.
16. Library Policies.  Patrons must adhere to all Library Policies.
17. Identification; Masks.  Patrons must provide identification to Library staff when requested.  A mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer is prohibited on Library Property, except for persons wearing head covering or veils pursuant to religious beliefs or customs.
18. 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 Library-sponsored or co-sponsored events.
19. Smoking; Tobacco or Marijuana Use.  Smoking, using e-cigarettes, vaping, electronic nicotine delivery systems or chewing tobacco is prohibited on Library Property.  Using, smoking or possessing marijuana on Library property is also prohibited.
20. Attire.  All patrons are expected to be fully dressed, including shoes and shirt, at all times while on library property.  Visible or damp swimming suits left uncovered are not considered to be appropriate attire unless specifically permitted for a library event.  No bras or sports bra tops allowed without a proper full shirt over the top.  No one with uncovered undergarments will be permitted on library property.

Rules for the Use and Preservation of Library Materials and Property

1. Care of Library Property.  Patrons must not deface, vandalize, damage. or improperly use or improperly remove Library materials, equipment, furniture, or buildings. Patrons 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.
2. Internet Use.  Patrons must abide by established time limitations and all other provisions of the Library Internet Use Policy.
3. Equipment.  Library staff computers are for staff use only.
4. Authorized Lending.  Library materials may only be removed from the premises with authorization through established lending procedures.

Violations and Appeal

The Library Director or the Director’s designee may restrict access to Library facilities pursuant to the terms of the Library Violations and Appeal Policy. 

Adopted: 2/21/96

Revised: 8/12/98

Revised: 2/14/02

Revised: 4/14/11 

Revised: 11/8/12

Revised:  1/8/15

Revised: 12/13/18

Revised: 6/11/24

Purpose

The purpose of the Social Media Policy is to ensure effective promotion and discussion of the Henika District Library (“Library”) services, resources, and events, and to ensure a reputation for outstanding community engagement and customer service on social media.  The purpose of the social media accounts is to discuss library programs, events and materials.

Definition of Social Media

Social media is defined as electronic communication through which users create online communities to share information, ideas, personal messages, and other content.  Social media would include any webpage or app through which the Library has an account and interacts with other users.

Authority Over  Social Media Accounts

The Library Director has the authority to determine whether a particular social media account is used by the Library.  This Policy only applies to official Library social media accounts.  The social media accounts of individual employees or Board members are not subject to this Policy.

Usage Rules

The Library operates and maintains social media sites as a public service to provide information regarding Library services, programs, materials, events, and activities.  Although the Library welcomes the comments, posts, and messages of other social media users that relate to the Library and recognizes and respects differences in opinion, the social media sites are limited public forums and are subject to review by Library staff members. The Library reserves the right to (but is not required to) remove any comment, post, or message that it deems in violation of this Policy. The Rules are as follows:  

1. Privacy:  Users should have no expectation of privacy when commenting on Library posts or tagging the Library. Comments and posts may be read by anyone once posted, regardless of one’s friends, followers, or subscribers list. The Library advises users against posting their personal information or contact information on social media sites.  Comments and posts may also be subject to disclosure under the Freedom of Information Act.
2. Library’s Rights:  The Library reserves the right to reproduce comments and posts tagging the Library in other public venues (ex: testimonials). Reproductions of this nature may be edited for space or content, but the original intent of the comment or post will be maintained. 
3. No Endorsement:  The Library is not responsible for the content of posts made by third parties, including patrons, reviewers, advertisers, and others who may post comments. Public posts by third parties do not reflect the positions of the Library, its employees, or any individual Board member.
4. Unauthorized Content:  To ensure a healthy, safe space to discuss Library services, resources, and events, content containing any of the following may be removed immediately from any Library social media forum:

• Obscene, illegal, sexually harassing, threatening or abusive speech or nudity in profile pictures.
• Any post that affects the safety and security of the Library, its property, patrons and staff or creates a hostile work environment.
• Private or personal information, including phone numbers and addresses, or requests for personal information.
• Any statement by a user under a false name or any falsification of identity.
• Comments, links, or information unrelated to the purpose of the limited public forum.
• Spam or other commercial messages.
• Any postings that would violate the Michigan Campaign Finance Act, the Library Privacy Act or other Michigan or federal laws.
• Solicitation of funds.
• Any comment, post or other content that violates any person’s intellectual property rights, including but not limited to violations of the Copyright Act.
• Any information deemed harmful to minors in violation of the Michigan Library Privacy Act.
• Any post that violates any Library policy.
• Any images, links, or other content that falls into the above categories.
• Any post that requires immediate action because the Library does not monitor its social media 24 hours a day.
• Any document, information, or image that would be considered a Library record that is posted without permission of the patron or person identified in that record.  For example, no picture of a Library program shall be posted without permission of every person in that picture.

Third Party Usage Rules: In addition, users are expected to abide by the terms and conditions set by third party social media platforms as well as follow appropriate federal and state law.

Violations and Appeals

The Library reserves the right to ban or block users who have posted in violation of this Policy or to delete posts or comments.  To the extent the Library has sufficient contact information and the Library will message users who have been blocked or whose content is deleted to explain the issue and notify the person of the action.  Any person who has been blocked or whose post or comment has been deleted has the right to appeal that decision to the Library Board.  The appeal should be sent to the Library Director within 10 business days of the (1) decision to block or ban or (2) deletion of the post or comment, whichever is applicable.   The Library Board shall decide the appeal.

General Complaints

The Library asks that individual user complaints be sent directly to a manager or the Director so that they can be addressed efficiently. Social media is not the mechanism used by the Library to document or address Library user problems and concerns, or influence Library policy, procedures, or programs.

Adopted:  01/17/2023

The Henika District Library is committed to protecting both the safety of the library, its materials, staff, and patrons as well as their privacy. The guidelines for various types of video surveillance in the library are as outlined below.

Security Cameras 

The library may have security cameras for the purpose of enhancing the physical security of the library, its property, staff, and users. However, the library must post signage on the entrances if security cameras are installed on the property giving notice to surveillance equipment. Only the library director will have direct access to the live and recorded footage as necessary for security purposes. The decision to disclose surveillance camera images will be made by the library’s director in consultation with the library board and the library’s legal counsel and only when necessary to protect the interests of the library and its staff and when it is permitted by the state library confidentiality statute. Data and/or media retained from the surveillance of said devices will be stored in a secure location and destroyed as soon as permitted by law, unless it is being used in legal action. 

Users Filming in the Library 

Users filming in or on library property must:

• Have the consent of everyone being recorded. 
• Not film in such a way that disrupts library staff or other patrons.
• Not compromise the safety or privacy of the library staff or other patrons.
• Not harass library staff or other library patrons.

If the above guidelines are met, filming may only occur in patron allowed spaces. Filming in staff only spaces, behind desks, the director’s office, and in restrooms is strictly prohibited. Users filming are also expected to adhere to the library’s policies regarding Patron Rules and Responsibilities. Users found in non-compliance with these policies may be asked to stop filming and/or to vacate the premises. 

Adopted:  07/12/2022

Henika District Library will permit the posting of notices on the following basis:

1. The notice informs the general public of an event of general interest to them.
2. The notice informs the public of a service available to them which promotes the general welfare.
3. The notice does not contain hateful or inappropriate language.
4. The notice advertises an event occurring within the next 30 days.

It will be at the discretion of the library director or the director’s designee whether the notice meets the above criteria.

Adopted: 12/16/91

Revised: 8/12/98

Revised:  10/14/10

Revised: 11/8/18

The Henika District Library welcomes and encourages gifts and donations consistent with the Library’s mission, policies, and strategic plan goals.  Donations are not intended to replace regularly budgeted Library expenditures, however, private resources can extend and enrich Library services.  The Board of Trustees acknowledges the great importance of gifts to the Library’s future development. The Library retains unconditional ownership of all gifts and reserves the right to decline any gift.

General Provisions   

 These provisions are applicable to all gifts to the Library. 

• All gifts received by the Library should be compatible with the Library’s long-range plans and mission.  
• Gifts will be accepted as indicated in this Policy and the Materials Selection Policy, provided the gift does not unnecessarily obligate the Library’s funds (gifts that require maintenance or other expenditures).  
• The Library reserves the right to decline any gift. 
• All gifts become the property of the Library.  
• The Library has the right to retain or sell any gift, unless there are donor restrictions and the  Library Board has agreed to such restrictions.   
• The Library will not appraise any gifts for income tax purposes; the donor is responsible for all appraisals. 
• Donors should consult a tax advisor to determine the applicability of any tax benefits to their individual circumstances. 

Collection Materials

Gifts of materials for the Library’s collection are evaluated using the same criteria applied to purchased items. All donated materials are accepted with the understanding that items not added to the collection may be sold at the Library’s book sale to support the library or otherwise disposed of at the Library’s discretion. Donated materials that are not used cannot be returned to the donor. The Library may refuse any materials for reasons including, but not limited to, condition, relevance, or space limitations.

Monetary Donations

The Library gratefully accepts gifts of money.  These donations can take a number of forms:

1. Memorials and Tributes - The Library may purchase materials for its collection to recognize, thank, honor, celebrate or remember a special person, pet, or milestone event. The Library reserves the right to decline acceptance of a gift that does not meet the needs of the Library or with donor-designated restrictions the Library is not able to accommodate. Funds are used to purchase materials that enhance the Library’s collection. When possible, a book plate may be added to materials purchased with these funds as recognition.
2. Specialized or General Donations - Donations may be designated for specific purposes such as programs, equipment, facilities, or materials, or may be unrestricted. The Library reserves the right to decline acceptance of a gift that does not meet the needs of the Library or with donor-designated restrictions the Library is not able to accommodate. Unrestricted funds will be used at the discretion of the Library and Board of Trustees.
3. Planned Giving - Individuals may support the Library through planned gifts such as bequests, trusts, or annuities. Planned gifts may be designated for specific purposes or left unrestricted.

Unrestricted monetary donations may be made in cash, by check, or by credit card in person or by mail. Checks should be made payable to “Henika District Library” and include the donor’s mailing address. Any monetary donation for which the donor would like to restrict the use of the donation to specific spending categories must first be submitted to the Library Board for approval of the condition(s). Restrictions on the use of donations may not be added after the donation has been made. 

Real Estate

Offers of donations of real estate will be considered by the Library Board and must be approved by a vote of the Board.

Gifts to Library Staff

Library employees and trustees may not accept gifts, entertainment, or personal favors that could influence, or appear to influence, business decisions. Modest edible gifts or plants may be accepted and shared among staff. All other gifts must be refused or returned unless approved by the Library Director.

Other Gifts

Donations of non-collection items such as artwork, furniture, or technology must be discussed with the Library Director in advance. Any conditions attached to such gifts must be clearly stated at the time of donation. Gifts are evaluated based on:

• Alignment with the Library’s mission, policies, and strategic plan
• Space and storage requirements
• Aesthetic compatibility with Library facilities
• Costs associated with maintenance or preservation

The Library Board of Trustees must approve acceptance of any non-monetary gift valued at more than five-thousand dollars ($5,000). All accepted gifts become the property of the Henika District Library and may be sold, relocated, or disposed of at the Library’s discretion.

Donor Recognition

Written acknowledgements are automatically provided for financial contributions of $500 or more and will state the exact amount of the donation. Acknowledgements may also be sent to individuals designated by the donor upon request.

If written permission is obtained, donor names may be recognized in Library reports, publications, the Library website, or through bookplates when appropriate. Significant contributions toward capital improvement projects may qualify for naming opportunities in accordance with the Library’s Naming Policy.

Adopted: 2/10/2026

Patrons must read and agree to this policy prior to using library computers or laptops. 

Certain restrictions exist with regard to computer use, including:

• Library computers shall not be used for fraudulent or unlawful purposes.
• Library computers shall not be used to access websites portraying graphic sexual acts or excessive violence and gore. While the library does use filters on its computer, there is no guarantee that objectionable material will not be viewed. It is therefore the responsibility of the patron to ensure that these websites are not accessed during their usage of the computers.
• Children below the age of six must have a parent/guardian seated with them at all times in order to use library computers
• Time limits are imposed by time limiting software. Time may be extended upon request of the patron if there are no others waiting.

Computer use and Internet access are privileges, not rights. If a user is found in violation of this policy, privileges will be suspended for the remainder of the day.  Repeated violations may lead to a one week suspension.

WIRELESS INTERNET ACCESS

The Henika District Library offers free, wireless Internet connectivity to the general public. The access point name for users is LIBRARY PUBLIC WIFI.

Wireless users should be aware that the wireless internet is also filtered and the same acceptable computer use policies listed above apply when using library internet, even on personal devices.

Use of the Library’s wireless network is at the user’s own risk. The Henika District Library assumes no responsibility for any damages, direct or indirect, arising from the use of the wireless network. The Library makes no warranties of any kind, whether expressed or implied, for the wireless Internet service provided.

REMOTE DEVICES 

Henika District Library provides access to remote devices that can be checked out for use outside of the library for any legal, educational, recreational or ethical purpose. Patrons must read and agree to this policy prior to using remote devices offered or circulated by the library including, but not limited to: hotspots, launchpads, e-readers and other devices predetermined by the library.

Certain restrictions exist with regard to device use, including:

Library devices shall not be used for fraudulent or unlawful purposes.

Library devices shall not be used to access websites portraying graphic sexual acts or excessive violence and gore. Even when the library does use filters on its device(s), there is no guarantee that objectionable material will not be viewed. It is therefore the responsibility of the patron to ensure that these websites are not accessed during their usage of the device(s).

Library devices available for circulation must be checked out on an adult (18+) card and done so with a signed lending agreement for the specific device unless otherwise specified by the library.

Loan periods are imposed by the library and last for one week (seven days). The loan period may be extended up to once upon request of the patron if there are no others waiting. Overdue devices will have service terminated until they are returned. Devices overdue by more than 30 days will be billed to the patron for the full amount.

Device checkouts are privileges, not rights. If a user is found in violation of this policy, privileges will be suspended for a period determined by the director.

In addition to these restrictions, patrons must acknowledge that the library does not use filters on its remote devices unless specified. It is therefore the responsibility of the patron to monitor the content accessed and remain in accordance with the library’s acceptable use policy.
 

Adopted:  11/18/04

Revised:  12/9/04

Revised:  1/12/06

Revised:  4/13/06

Revised:  11/9/06

Revised:  3/8/07

Revised: 5/13/10

Revised:  11/8/12

Revised: 1/9/14

Revised: 12/13/18

Revised: 7/8/2021

Revised: 4/10/2024

The library photocopier is intended for use by library staff and the general public.  It is expected that staff and patrons will comply with federal copyright law when using the photocopier. Prints, copies, and faxes for the public totalling under 50 pages per day per patron are paid for on a donation basis. Prints, copies, and faxes for the public totalling over 50 pages per day per patron will be charged according to the pricing listed below for all pages for all pages printed that day.

 

Black & White

• 8 ½ x 11: 15¢ per page Double-sided: 20¢ per page
• 11 X 17: 50¢ per page  Double-sided: 75¢ per page

Color 

• 8 ½ x 11: 25¢ per page  Double-sided: 30¢ per page
• 11 X 17: 75¢ per page    Double-sided: $1 per page

Faxes

• 50¢ per page  Double-sided: $1 per page

 

Adopted: 12/16/91

Revised: 3/15/94

Revised: 8/12/98

Revised: 2/14/02

Revised: 3/12/09

Revised: 8/14/14
Revised: 1/14/16

Revised: 1/10/19

Revised: 2/13/20

Revised: 10/20/22

Revised: 10/14/25

Purpose

Notary services will be provided at the Henika District Library in accordance with the laws of the State of Michigan.

Availability

Notary services will be available in accordance with the laws of the State of Michigan.  Only HDL employees who hold a valid State of Michigan notary commission will be able to provide notary services.  Notary services are on an appointment or walk-in basis during regular library hours when a notary is scheduled to work and available to perform the task, up to 30 minutes prior to closing or prior to the end of the notary’s shift. HDL cannot guarantee that a notary will be on staff at all times, therefore patrons should call ahead to verify a notary is present and available. HDL does not guarantee availability of notary services at any time, availability is at the discretion of the library. Remote notary services are not permitted.

Fees

There is no charge for notary services.

Required Documentation

Patrons must provide:

1. The completed, unsigned, document(s) to be notarized.
2.  A valid, unexpired state ID, federal ID, or other government ID with signature and photo (accepted forms of ID include: driver’s license, state ID card, US military ID, or US passport)
3. A witness, if required, who must personally know the person whose documents are being notarized, and who can provide valid photo identification.

Exclusions

Documents the Henika District Library will not notarize:

1. Documents that are already signed
2. Documents with blank pages, documents or pages not filled in, pages not related to the body of the document, or pages in a language other than English
3. Blank documents
4. Homeland Security I-9 Forms
5. Real estate documents, such as closing documents, mortgages, and deeds
6. Trust and estate planning documents such as trusts, living wills, wills, codicils,
7. Documents written in any language other than English
8. HDL cannot “certify a copy” (e.g., verify that a reproduction of an original is a true, complete, and correct copy of the original)
9. Notaries cannot certify or notarize that a document/record is an original or true copy of another record, including birth certificates, death certificates, adoption records, or marriage licenses.  In Michigan, a notary can only acknowledge the signature of the issuer or holder (person on the document) making a true copy statement on, or attached to, the document.
10. The notaries retain the right to refer patrons elsewhere if they doubt the validity of the document(s) they are being asked to notarize or are uncomfortable with the person or persons signing the document(s).

Compliance with Michigan Law

The notary will maintain a journal in which each transaction will be noted, along with the identification provided.

Notarizing a document does not constitute a legal review of the document’s content. A notary public may refuse to perform a notarial act at any time, for any reason (MCL55.285[8]).

Notaries adhere to the Michigan Notary public act of 2003:

1. Notaries cannot give professional advice on legal matters pertaining to notarizing documents.
2. The notaries cannot act as a witness to and notarize the same document. Henika  District Library will not provide witnesses and witnesses may not be solicited from other patrons using the library. To serve as a witness, the witness must personally know the person whose documents are being notarized, and must also provide valid photo identification.
3. Notaries are not permitted to make use of a translator to communicate with a notary services patron.
4.  Documents to be notarized must be signed in person, in front of the notary who will certify the signature.

Adopted: 12/12/23

Purpose

The purpose of the Henika 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 Henika District Library (“Library”).

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.

Goals of Material Selection

• To meet the individual’s need for information through maintenance of a well-balanced and broad collection of materials for information, reference, and research.
• To help the individual attain maximum self-development through life-long intellectual and cultural growth.
• To support the democratic process by providing materials for the education and enlightenment of the community.
• To assist individuals in their pursuit of occupational activity and practical affairs.
• To provide diverse recreational or entertainment experiences for individuals and groups.
• To assist institutions of formal education with services that will assist individual study.
• To maintain Michigan and local history collections .

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, 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.  

General Principles

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 Intellectual Freedom Statement of the American Library Association to which this Library subscribes.     

1. 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 views of the writer.
2. 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.
3. The Library respects each individual parent’s right to supervise his/her 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, a parent who chooses to restrict the materials his/her children select must accompany those children when they use the collection to impose those restrictions.  
4. Further, Library Materials will not be marked or identified to show approval or disapproval of contents, and no cataloged 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.
5. It is the responsibility of the Library to provide circulating, reference and research materials for the public and students based on the services it is expected to perform. 

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 opposing points of view.  

• Contemporary significance or permanent value
• Accuracy
• Lack of bias, factual
• Diversity of viewpoint
• Portrays issues sensitively
• Authority of author
• Relation of work to existing collection
• Price, format, and ease of use
• Scarcity of information in subject area
• 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
• Collection objectives
• Community relevance
• Audience for material

Gifts

See Donation and Gift Acceptance Policy.

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.

Challenges to Materials

No material shall be removed from the Library’s collection until all steps in the following process have been completed.

1. Patrons (“Requester”) who object to Library Materials will be sent to the Director.  
2. The Director will discuss the Library Materials in question with the Requester, attempting to resolve the concern to both the Requester’s and Library’s satisfaction.  
3. If the Requester wishes to carry the request further, the Director will provide the Requester with a copy of the Materials Selection Policy, including the Request for Reconsideration of Library Materials (“Request for Reconsideration”).
4. 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.  
5. The Library Director shall send the decision in writing to the complainant within thirty (30) 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.   
6. 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 Library Board will review any documentation it deems necessary to decide within sixty (60) days of receipt of the appeal.  
7. The Library Board serves as the final authority in cases involving retention or withdrawal of Library Materials.

Fill out a Material Reconsideration Request Form

Adopted: 12/16/91

Revised: 10/16/96

Revised: 8/12/98

Revised: 1/10/19

Revised: 12/14/20

Revised: 3/14/22

Revised: 4/11/23

Description 

Special items for circulation include, but are not limited to: Gaming Consoles, Launchpads, Chromebooks, Digital Cameras, and other materials deemed so by the library.

 Circulation

Patrons must read and agree to this policy prior to using or checking out any of Henika District Library’s Special Collection items. Certain restrictions and expectations exist with regard to item use, including:

• In order to borrow a Special Collection item, a patron must have an adult (18+) Henika District Library card (or a card from a Lakeland Library) in good standing and must sign the corresponding item’s Lending Agreement.
• Special Collection items are not available to be sent out for interlibrary loan.
• Special Collection items must be returned to the Circulation Desk at Henika District Library. They cannot be placed in a book drop or returned to any other library.
• A Special Collection item may be borrowed for 1 week (7 days) and may be renewed up to 1 time upon patron request unless another patron is waiting. 

Borrower Responsibility

Certain restrictions and expectations exist with regard to the borrowing patron’s responsibility, including:

• Borrower is responsible for adhering to the library's Acceptable Use Policy regarding Remote Devices.
• The library is not responsible for any costs incurred or damage to personal equipment while borrowers use the devices or for the security of connected patron devices.
• The library does its best to provide clean and fully functional equipment, but is not responsible for unforeseen hardware or software failure.
• Borrower is responsible for the safe-keeping and return of these items to the library in good working order and assumes liability for the equipment while it is in their care.

Borrower is responsible for damaged and/or missing pieces of the package as outlined in the respective item’s lending agreement.

Adopted: 8/12/2021

Permanent Library Cards

Library cards will be issued free of charge to any person whose legal residence lies within the boundaries of the Henika District Library or libraries within the Lakeland Library Cooperative that have an agreement with Henika to issue their library cards, such as Leighton Township Library, Dorr Township Library, and Hopkins District Library, and who meets the following requirements:

Adults (ages 18+)

• Address and Identification - Patron shall present a current, valid Michigan Driver’s License, Michigan Identification Card, or Resident Alien Card documenting identity and current street address showcasing residency within the library’s service area. For the purpose of registration, post office boxes will not be accepted as a current, local street address.
• Exceptions - If the patron cannot meet the requirement for Address and Identification, a credible photographic identification must be used to establish the person’s correct, current name. Credible photographic identification means identification issued by an institution that will have made a determined effort to be sure that the person pictured and named on the identification is the person they claim to be. Examples of acceptable photographic identification are Military IDS, employment IDs, school IDs, and out-of-state driver’s licenses and passports. 
• IN ADDITION to a credible piece of photographic identification, the person registering must provide one of the following to corroborate the name and establish the current street address: 

1) Voter registration card;

2) Recent utility bill; 

3) Hospitalization, insurance card, or automobile registration;

 4) Printed check; 

5) Recent local property tax bill;

6) Postmarked Mail

 

Juveniles (ages 17 and under)

• Co-signer - Patrons under the age of 18 can be issued library cards provided a responsible adult cosigner is present at the library and willing to accept financial and supervisory responsibility for the card’s use. The co-signer must meet the registration requirements for Adults regarding identity and current street address verification. If the co-signer does not reside at the same street address as the patron being registered, the co-signer’s street address shall be entered in the alternative address field of the patron record.
• Exceptions - When processing school-to-library card applications and in similar outreach situations, there are times where the co-signer may not be present at time of registration. As long as the application card is properly filled out with the co-signer’s name, driver’s license number, and signature, a library card may still be issued. With this exception, the expiration of the card will be set to one year from date of issue and a note will be placed on the account stating “Co-signer’s ID not confirmed.” The co-signer will need to present their identification to the library before the card’s expiration can be updated to the standard three years or be renewed.
• Property Tax Patrons - Non-residents who own property within the Henika District Library legal area will be issued regular, permanent library cards upon presentation of a current (dated within the last 365 days) paid tax receipt. At time of renewal, patrons will need to present a new, current (dated within the last 365 days) paid tax receipt before the account will be updated. The patron’s residential address must be listed as the “ALT address” in their account. Property Tax Patrons must also fulfill the identification requirements listed above.

Non-Resident Library Cards

Persons residing outside of the Lakeland Library Cooperative boundaries may obtain borrowing privileges by paying an annual $40 non-resident fee.  This fee may be paid quarterly.

Registration requirements are the same as for permanent cards unless the borrower is an out-of-state, seasonal resident.  In that case, the person must provide a valid driver’s license or state ID from his or her home state, as well as a phone number and local address. Non-Resident Library cards are limited to use at Henika District Library only. They are not valid at any other Lakeland Library Cooperative Location. They cannot be used to place holds or access digital content. 

 

Adopted: 12/20/95

Revised: 8/12/98

Revised: 10/20/99

Revised: 3/28/01

Revised: 3/12/09

Revised: 5/13/10

Revised: 4/16/15

Revised: 1/10/19

Revised: 9/9/2025

Educational and non-profit organizations within the Henika District Library service area may apply for an institutional Library card. An Institutional Card allows the cardholder to borrow library materials from Henika and other libraries in the LLC. Proper identification and a completed application form are required to issue an Institutional Card. There will be no overdue fines on the items, but the institution will be responsible for any lost or damaged items. Privileges may be revoked if the institutional card is abused in any manner. Abuses may include, but are not limited to, personal use of the institutional card or failure to pay for a lost or damaged item.

Examples of organizations that could apply for an Institutional card include, but are not limited to, the following:

• A classroom teacher from an area school. Having a “class card” would make checking out books much easier than coordinating each child having and remembering to bring to school individual library cards. Institutions may obtain a library card by completing an institutional application and providing the names of individuals authorized to use the card. A card may be issued to individual classes, but the application must be signed by the principal or director. The card will be updated annually and the names of the authorized users verified. The card may not be used by staff for personal use.
• Daycare centers within the library’s service area.
• Residents in an adult foster care facility want the privilege of using the library, but don’t have legal guardians to co-sign for individual library cards.  Foster care professionals want the library experience to be part of these adults’ lives, and would like to have an institutional card on which to check out materials for the adult residents.

The Institutional Library Card contract will become effective upon completion of all required information and signatures on the registration form, and will remain in effect for two calendar years.  The contract must be signed by all applicable parties.  For the protection of the contracting institution the institutional card must be presented at time of checkout.  No exceptions will be made.  Lost or stolen cards must be reported to the Henika District Library as soon as possible, and may be replaced by the one of the two representatives upon appearance in person, and presentation of picture ID.

 

Adopted: 2/16/00

Revised:  12/13/12

Revised: 1/10/19

In order for a patron to check out materials, they must present their own valid library card, be it from a Lakeland Library Cooperative member library, or an annual fee non-resident card. Their account must be without delinquency status, at the time of checkout.  Patrons who are not in possession of their library cards may be able to check out materials with a valid photo ID. Juveniles without their library card or photo ID must be with the guardian listed on their account and the guardian must present their ID in order to check out.

Adopted: 11/15/94

Revised: 8/12/98

Revised: 2/14/02

Revised: 1/10/19

Revised: 9/09/2025

Loan periods for materials owned by the Henika District Library have been established according to the following table:

• Books 21 days, 100 per patron
• Audio Books 21 days, 10 per patron
• Gaming Software 14 days, 5 per patron
• DVDs 7 days, 15 per patron
• Special Collection Items *7 days , 1 per adult patron (exceptions may apply)

Some materials are deemed “non-circulating” at the discretion of the Library Director and Circulation Supervisor.

All items (with the exception  of special collection items)  may be renewed a maximum of two (2) times on a patron’s account, unless the item is on hold for another patron. Special collection items may be renewed a maximum of one (1) time on a patron’s account, unless the item is on hold for another patron. 

*Unless otherwise specified

 

Adopted: 12/20/95

Revised: 8/12/98

Revised: 6/16/99

Revised: 4/11/02

Revised: 11/10/05

Revised: 4/16/09

Revised 12/10/09 

Revised:  5/13/10

Revised: 1/10/19

Revised: 9/9/2025

Interlibrary loan is defined as the borrowing of material not owned by the Henika District Library from other member libraries of the Lakeland Library Cooperative, and the lending of material owned by the Henika District Library to other member libraries of the Lakeland Cooperative.

In order to make the most efficient use of the holdings of the Lakeland Library Cooperative, the Henika District Library will extend interlibrary loan privileges to member libraries of the Lakeland Library Cooperative, and will provide such interlibrary loan service to its patrons free of charge, with the exception of holders of non-resident or underfunded contract area cards.

Adopted: 12/20/95

Revised: 8/12/98

Revised: 4/16/09

Revised:  12/13/12

Reciprocal borrowing is defined as the extension of borrowing privileges to patrons holding library cards from other member libraries of the Lakeland Library Cooperative.

In order to provide the widest geographic area possible from which our patrons may obtain free library service, the Henika District Library will extend reciprocal borrowing privileges to Lakeland Library Cooperative card holders whose home libraries extend like reciprocal borrowing privileges to Henika District Library card holders, with the exception of  holders of non-resident and underfunded contract area cards.

Adopted: 12/20/95

Revised: 8/12/98

Revised: 4/16/09

Revised:  12/13/12

Henika District Library does not charge overdue fines on its materials.

Henika District Library patrons who borrow materials from other libraries within the Lakeland Library Cooperative can have their overdue fees from those libraries waived. Overdue fees from items borrowed through MeL and any collection agency charges cannot have their fees waived under any circumstances. 

All patrons of the Henika District Library are subject to payment of bills for lost or damaged materials. An item becomes ‘billed’ to the patron after remaining overdue for 35 days. The item becomes ‘lost’ after 90 days of being overdue. Bills for lost, damaged or unreturned materials will be set at the cost of said material as entered in the bibliographic record. Patrons may pay the library's replacement fee or purchase a new copy of the lost or damaged material from a third party in order to get rid of the associated fees. Accounts may be paid with cash, check, money order, or online with credit or debit card. If an item is found and returned after being billed, no fines will remain on the patron’s account.

The donation of unrelated materials to the library will carry no weight toward settling a patron’s account.

 

Adopted: 12/16/91

Revised: 2/21/96

Revised: 6/18/97

Revised: 10/15/97

Revised: 8/12/98

Revised: 8/16/00

Revised: 11/10/05

Revised: 4/16/09 

Revised:  5/13/10

Revised:  12/13/18 to be effective 01/07/2019

Revised:  9/9/2025

Recovery of Overdue Materials

Materials owned by the Henika District Library will be defined as “overdue” when their loan periods have expired by a period of one day.  Individuals with overdue materials will receive notifications from the Lakeland Library Cooperative automated system by phone call or email depending on their designated preference.

If these notices do not produce results within the time period prescribed by the Cooperative, recovery attempts will become the responsibility of Unique Management, with whom the Henika District Library contracts for such service.

Adopted: 2/21/96

Revised: 8/12/98

Revised: 3/12/09

Revised: 1/10/19

Occasionally materials are returned to the Henika District Library in an “incomplete” state, that is to say books missing pages, barcodes or covers, CDs missing the disc, DVDs missing a disc or insert, etc.  Materials determined to be “incomplete” by the staff will receive special handling according to the following procedure:

• The item will be accepted but will not be checked in.
• A staff member will perform an item inquiry to determine the patron who checked out the item.
• That patron will be contacted and informed that the item was returned missing an integral part (pages, barcode, disc, etc.).  He/she will be further advised that the item will not be checked in until the missing part(s) is returned, and is therefore at risk of becoming overdue and incurring fines until the part(s) in question is restored to the item.
• The item will be tagged according to the missing component and placed in the “incomplete” basket.
• Items will be manually renewed by staff one time on the original due date. If missing items are not returned during this time period, normal late fees will apply.
• If the incomplete item belongs to another Lakeland member library it will be held locally for three days and handled as above.  If the missing component is not returned within three days the item will be forwarded to the owning library accompanied by a green slip which denotes what is missing and the steps taken to attempt retrieval.

Adopted: 8/20/97

Revised: 8/12/98

Revised: 11/10/05

Revised: 12/13/12

Revised: 1/10/19

Borrowing privileges for any patron will be suspended when:

• Fines reach a level of $10.00 or more.
• A patron has any bills attached to his/her record.

Privileges will be reinstated when:

• Fines are paid to $9.99 or lower.
• Bills are paid in full.

Adopted: 12/16/91

Revised: 8/12/98

Revised:  6/12/14

Revised: 1/10/19

If a patron is seriously in arrears with regard to overdue material, fines or bills and wishes to enter into a probationary agreement to reinstate borrowing privileges, he or she may arrange a good faith agreement with the Director or Circulation Supervisor  whereby reasonable payment terms and limited borrowing privileges are established.  It is understood that each case will be dealt with on an individual basis and will be held in confidentiality.

If a patron fails to meet the terms of his probationary agreement, borrowing privileges may be discontinued.

Adopted: 12/16/91

Revised: 9/20/94

Revised: 8/12/98

Revised: 11/10/05

Revised: 1/10/19

When a patron finds an item for which he or she has paid, reimbursement may be made according to the following guidelines:

• Documentation of the payment must be secured.
• Item must be from the Henika District Library collection.  Found items belonging to another Lakeland member library must be reimbursed at that owning library. 
• The documentation must be no older than six months.  Items not recovered within six months of payment are non-reimbursable.
• The documentation and found item will be turned over to the library director for action.  A check will be mailed to the patron or the patron can choose to apply the funds to any additional fees on the patron’s account.

 

Adopted: 2/21/01

Revised:  11/10/05

Revised: 4/16/09

The Henika District Library recognizes the patron’s right to access information about the status of his or her personal account.  Further, the Henika District Library recognizes the patron’s right to privacy from unauthorized access.  The library’s public computers have the capability to provide a patron with personal account information via their patron account on the Bibliocommons website.  Therefore, library staff will provide assistance to any patron wishing to view all information in his/her personal account.

As defined by law, a patron may only receive checkout information for his or her own library account.

Adopted: 12/20/95

Revised: 8/12/98

Revised: 1/10/19

Revised: 9/09/2025

The Henika District Library will be open to the public for fifty-one hours per week according to the following schedule:

Monday 10:00 AM – 8:00 PM

Tuesday 9:00 AM – 6:00 PM

Wednesday 10:00 AM – 8:00 PM

Thursday 9:00 AM – 6:00 PM

Friday 9:00 AM – 5:00 PM

Saturday 10:00 AM – 2:00 PM

 

Adopted:  12/16/91

Revised: 12/21/93

Revised: 8/12/98

Revised: 10/20/99

Revised: 2/14/02

Revised: 10/14/04

Revised: 11/8/12

Revised: 10/11/18

Revised: 11/8/18

Revised: 09/14/2021

The library will be closed on the following dates in observance of holidays: New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day. The library will close at 3:00 PM on New Year’s Eve.

Adopted:  11/8/18

Revised: 1/10/19

Revised: 4/11/19

In accordance with its commitment to public service, the Henika District Library maintains a regular schedule of hours open to the public while maintaining a safe work environment for staff.

Criteria

The decision to close, close early, or postpone the opening of the Library due to severe weather or any emergency situation will be made by the Library Director or their  designee and will be based upon one or more of the following:

1. Severe weather and/or road conditions that cause hazardous traveling, such as significant snow or ice accumulation, extreme (subzero) temperatures, or blizzard conditions. 
2. Availability of sufficient staff to operate the Library
3. Failure of vital building services, extended power failure, condition of the  building or its equipment
4. General health or safety emergency in the community or in the Library

Notification

The Director, or designee, will provide timely notification to the Board President (or another officer  of the Board of Trustees if the President is unavailable)  for each full closure, late open, or early close. Staff members scheduled to work will be notified immediately of any closure or delay.

Emergency closings will be announced to the public in as many ways as possible or appropriate given the circumstances of the emergency. These include the Library website, social media outlets, news outlets, and/or signs on doors.

Compensation

Employees may be requested to report to work or remain at work even if the library is closed to the general public.  Unless contacted by a supervisor, all employees should assume the library is open and are expected to arrive on time for their regularly scheduled work shift. Staff members are expected to leave home early enough to compensate for poor weather conditions so they may reach work at their scheduled time. If they do not come to work, or if they choose to leave early, the missed time will be charged against their paid leave or, if all forms of paid leave are exhausted or unavailable, any missed time will be without pay.  If the Library is closed due to emergency conditions, those employees who are scheduled to work will be paid for their scheduled hours.

Adopted:  12/9/2025

 

Henika District Library adheres to the Library Privacy Act.  Information held on patron registration cards or on the Lakeland Library Cooperative database is held in confidence and may be obtained only through Freedom of Information Act Guidelines.  Non-identifying statistical data does not apply.

The disclosure of names, addresses, telephone numbers, or library activities constitutes an unwarranted invasion of privacy.

Additionally, the Henika District Library will ensure the confidentiality of social security numbers in compliance with Michigan’s Social Security Number Privacy Act (P.A. Act 454 of 2004)  by not using more than four sequential numbers of a social security number.  The exception to this rule is when filling out state and federally mandated employee paperwork, but only with prior approval from the subject. 

Documents containing personal identifying information, including social security numbers, will be shredded when no longer needed.

The USA PATRIOT Act makes it possible for the Federal Bureau of Investigation to request the above protected information by subpoena of the federal courts.   According to the USA PATRIOT Act the Library may not disclose to anyone, including the patron about whom information is being requested, that such a subpoena has been issued.

Should the FBI approach library staff with a subpoena requesting the release of protected library records the director shall be summoned immediately, and the director shall insist that the library’s attorney be present before any information is disclosed.  If the director is unavailable, the appropriate designated supervisory staff shall insist that the library’s attorney be present before any information is disclosed.

Adopted: 12/16/91

Revised: 8/12/98

Revised: 1/10/19

Purpose

The Henika 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.

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.

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. 

1.     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:

         a.     By mail or in person:

                    Henika District Library

                     Attn:  FOIA Coordinator

                     Address:      149 South Main Street

                                             Wayland, Michigan 49348

         b.     By e-mail:    cierra@henikalibrary.org 

2.     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.

3.     Requestor 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):

•  the requesting person’s complete name, address, and contact information, and
• 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.

4.     Electronic Transmissions.  For requests sent by electronic transmission, the following shall apply:

•  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. 
• 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 be responsible for routinely monitoring the spam and junk mail folders in order to determine whether they contain any FOIA requests.

5.     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.

6.     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. 

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:

1. 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);
2. Issuing a written notice to the requesting person denying the request;
3. 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
4.  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 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. 
2. 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. 
3. 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.
4.  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. 
5. 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.

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:

  1.     Searching for, Locating and Examining. 

• The Library may charge for searching for, locating and examining public records in conjunction with receiving and fulfilling a granted written request. 
• 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. 
• These labor costs shall be estimated and charged in increments of 15 minutes, with all partial time increments rounded down. 

2.     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:

1)     The Library’s FOIA Coordinator determines on a case-by-case 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.

e.     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. 

3.     Duplication or Publication Labor Charges.

• 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. 
• 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.
• Labor costs shall be estimated and charged in increments of one (1) minute, with all partial time increments rounded down. 

4.     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 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. 

5.     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.

6.     Itemization.  All labor fee components shall be itemized using both the hourly wage and the number of hours charged on the Detailed Itemization. 

7.     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.

1.     Nonpaper Physical Media.  Costs for providing records on nonpaper physical media.

• 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.
• 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 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.

 2.     Costs for Providing Paper Copies.

• 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. 
• 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.
• 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.
• 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.

3.     Mailing Costs.

• The Library shall charge the actual cost of mailing, if any, for sending the public records in a reasonably economical and justifiable manner.
• 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.

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.

 

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. 

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.

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:

1.     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.

• If the requestor is eligible for a requested discount, the Library shall fully note the discount on the Detailed Itemization. 
• 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 other remuneration to the individual to make the request, as verified by an affidavit executed by the requestor.

2.     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:

• Is made directly on behalf of the organization or its clients.
• 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.
• 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:

1.     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:

• The late response was willful and intentional.
• 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.

2.     If a charge reduction is required, the Library shall fully note the charge reduction on the Detailed Itemization. 

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.

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. 

Appeals

A.    Appeal of a Final Determination to Deny All or a Portion of the Request.

1.     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 Henika 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. 

2.     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. 

3.     Response to Appeal.  Within 10 business days after receiving a written appeal, the Library Board shall do 1 of the following: 

• Reverse the disclosure denial. 
• Issue a written notice to the requesting person upholding the disclosure denial.
• Reverse the disclosure denial in part and issue a written notice to the requesting person upholding the disclosure denial in part.
• 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).

1.     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.

2.     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.

3.     Response of Appeal.   Within 10 business days after receiving a written appeal, the Library Board shall do 1 of the following:

• Waive the fee.
• 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.
• 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. 
• 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. 

Civil Action 

A.      Civil Action for Non-Disclosure or Denial of Public Records.

1. 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. 
2. 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.
3. 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. 

1. 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 requestor 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.
2. 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 compensatory damages, punitive damages in the amount of $500.00 to the person seeking the fee reduction. 

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.

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.

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.

Effective Date

These Procedures and Guidelines shall become effective upon approval.

Adopted: 3/14/2023