Access to Library
Public Records Policy
(adopted 9/20/99, reviewed 10/16/00, 9/18/01; amended
9/16/02; reviewed 9/15/03, 9/20/04, amended 9/19/05, 9/18/06, 9/17/07,9/15/08)
Access to Public Records
In accordance with IC 5-14-3-3, any person may inspect and copy the
public records of the Delphi Public Library (hereafter referred to
as “the Library”) during the regular business hours of the Library,
except as provided in IC 5-14-3-4. A request for inspection or copying
must:
- identify with reasonable particularity the record being requested;
and
- be in writing.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition
is required by other applicable statute.
The Library will not deny or interfere with the exercise of the
right to inspect and copy public records. The Library shall either:
- provide the requested copies to the person making the request;
or
- allow the person to make copies on the Library's equipment or
on the person's own equipment.
The payment for copying costs must be made in advance.
The Library will not:
- permit a person to inspect and copy through the use of enhanced
access public records containing information owned by or entrusted
to the Library; or
- permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned by
or entrusted to the Library.
The Library shall make reasonable efforts to provide to a person
making a request a copy of all disclosable data contained in the
records on paper, disk, tape, drum, or any other method of electronic
retrieval if the medium requested is compatible with the Library's
data storage system. This subsection does not apply to an electronic
map (as defined by IC 5-14-3-2).
A person who receives information in electronic format may not
use the information for commercial purposes. Such purposes include
to sell, advertise, or solicit the purchase of merchandise, goods,
or services, or sell, loan, give away, or otherwise deliver the
information obtained by the request to any other person (as defined
in IC 5-14-3-2) for these purposes. Use of information received
electronically in connection with the preparation or publication
of news, for nonprofit activities, or for academic research is not
prohibited. A person who uses information in a manner contrary to
these rules will be prohibited by the Library from obtaining a copy
of any further data via electronic means.
The library may not disclose lists of employee names and addresses
(including electronic mail account addresses) to any individual
or entity for political purposes, and such lists may not be used
by any individual or entity for political purposes. In addition,
the lists of names and addresses (including electronic mail account
addresses) may not by disclosed to commercial entities for commercial
purposes and may not be used by commercial entities for commercial
purposes. For purposes of this subsection, "political purposes"
means influencing the election of a candidate for federal, state,
legislative, local, or school board office or the outcome of a public
question or attempting to solicit a contribution to influence the
election of a candidate for federal, state, legislative, local,
or school board office or the outcome of a public question.
Public Records Excepted from Disclosure
In accordance with IC 5-14-3-4 (Version b, effective 7-1-06), the
following public records are excepted from public access and will
not be disclosed by the Library, unless access to the records is specifically
required by a state or federal statute or is order by a court under
the rules of discovery. These excepted records include:
- Those declared confidential by state statute.
- Those declared confidential by rule adopted by the Library under
specific authority to classify public records as confidential
granted to the Library by statute.
- Those required to be kept confidential by federal law.
- Records containing trade secrets.
- Confidential financial information obtained, upon request, from
a person. However, this does not include information that is filed
with or received by the Library pursuant to state statute.
- Information concerning research, including actual research documents,
conducted under the auspices of an institution of higher education,
including information:
- concerning any negotiations made with respect to the research;
and
- received from another party involved in the research.
- Grade transcripts and license examination scores obtained as
part of a licensure process.
- Those declared confidential by or under rules adopted by the
supreme court of Indiana.
- Patient medical records and charts created by a provider, unless
the patient gives written consent under IC 16-39.
- A social security number contained in the records of the Library.
In addition, the Library declares the following public records
to be excepted from public disclosure in accordance with IC 5-14-3-4(b):
- The work product of an attorney representing the Library.
- Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for employment,
or academic examination before the examination is given or if
it is to be given again.
- Scores of tests if the person is identified by name and has
not consented to the release of the person's scores.
- Records that are of an advisory or deliberative nature, including
material developed by a private contractor under a contract with
the Library, records that are expressions of opinion or are of
a speculative nature, and records that are communicated for the
purpose of decision making.
- Diaries, journals, or other personal notes serving as the functional
equivalent of a diary or journal.
- Personnel files of Library employees and files of applicants
for Library employment, except for:
- the name, compensation, job title, business address, business
telephone number, job description, education and training
background, previous work experience, or dates of first and
last employment of present or former officers or employees
of the Library;
- information relating to the status of any formal charges
against the employee; and
- the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or his or her representative. This subdivision
does not apply to disclosure of personnel information generally
on all employees or for groups of employees without the request
being particularized by employee name.
- Administrative or technical information that would jeopardize
a recordkeeping or security system.
- Computer programs, computer codes, computer filing systems,
and other software that are owned by the Library or entrusted
to it.
- Records specifically prepared for discussion or developed during
discussion in an executive session under IC 5-14-1.5-6.1. However,
this subdivision does not apply to that personnel information
required to be available for inspection and copying under subdivision
(6).
- The identity of a donor of a gift made to the Library if:
- the donor requires nondisclosure of his or her identity
as a condition of making the gift; or
- after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
- Library or archival records:
- that can be used to identify any patron of the Library;
or
- deposited with or acquired by the Library upon a condition
that the records be disclosed only:
- to qualified researchers;
- after the passing of a period of years that is specified
in the documents under which the deposit or acquisition
is made; or
- after the death of persons specified at the time of
the acquisition or deposit.
In accordance with IC 5-14-3-4(d), notwithstanding any other law,
a public record that is classified as confidential, other than a
record containing an adoption, shall be made available for inspection
and copying 75 years after the creation of that record. |