ACRL News Issue (B) of College & Research Libraries November 1994/641 ACRL G u id e lin e s G u id e lin e s re g a rd in g th e fts in lib ra rie s The f i n a l version, approved by ACRL a n d ALA in 1994 Section I. W h at to Do Before a Library Theft Occurs I. Library s e c u r ity o f f ic e r (LSO) Appoint a senior library staff m em ber as Li­ brary Security Officer (LSO) w ho has delegated authority from the library and the institution to act on their behalf w orking with the institution’s legal counsel and security force. II. S ecu rity p la n n in g g r o u p Form a group m ade u p of the LSO and other appropriate personnel to develop a specific plan of action to follow w h en a theft is discovered. This may b e a part of the institution’s disaster plan o r a separate plan. III. P u b lic ity Establish liaison w ith the institution’s public relations office so that timely and accurate an­ nouncem ents can b e m ade to the press w hen a theft is discovered. IV. Law e n f o r c e m e n t A. Establish contact and foster good working relations with law enforcem ent agencies—in­ stitutional, local, state, a n d /o r federal—to d e­ term ine w ho will be called and u n d er w hat circumstances. The library should maintain a list o f contacts in each level of law enforce­ m ent and discuss the plan o f action with each. (See Appendix I for “Networking Resources Di­ rectory for Protection and Recovery.”) The value of materials or other circumstances will dictate w hich law enforcem ent agency will handle the case: for exam ple, the FBI may be involved if the total dollar am ount o f the theft exceeds $5,000.00, and the U.S. Customs or Interpol may be involved if stolen items are suspected of eing smuggled into or out o f the country. B. W ork w ith the library’s institutional ad ­ ministration to insure support for the prosecu­ tion o f thieves. This support m ay range from an active willingness to participate in the col­ lection o f evidence to b e turned over to the district attorney or U.S. attorney for further con­ sideration, o r it m ay involve direct participa­ ion in the prosecution by the institution. C. W ork with appropriate institutional, lo­ cal, and state groups to lobby for strengthen­ ing of state laws regarding library thefts and or diligent prosecution of such crimes. (See ppendix II for “Draft o f Model Legislation: heft and Mutilation o f Library Materials.”) . O th e r o u ts id e c o n ta c ts . Establish liaison w ith local rare book, m anu­ script, and second-hand dealers to inform them o f the library’s collecting areas. Thieves som e­ imes try to sell stolen property quickly, and dealers w ith know ledge of the library’s collec­ tions can recognize, or at least be suspicious of, m aterials they kn o w th e library collects hich are offered to them. B. Report the nam e o f the LSO to the RBMS Security Com m ittee an d note changes. The RBMS Security Committee will com pile a list of he LSOs annually. The list will b e available rom the ACRL office and will b e forw arded to th e A ntiquarian B ooksellers A ssociation o f merica (ABAA). C. Establish liaisons with appropriate Inter­ net listservs and national stolen and missing o o k databases (see Appendix I for “Network­ ing Resources Directory for Protection and Re­ overy”) so that thefts can b e reported imme­ diately u p o n discovery. I. P r e v e n tiv e m e a s u r e s in t h e lib r a r y . Im plem ent the RBMS “G uidelines for the b t f A T V A t w t f A b c V A Prepared by the ACRI/RBMS Security Committee, Susan M . Allen, chair 6 42 /C&R L News Security of Rare Book, Manuscript, and Other Special Collections” (1990) available from the ACRL office and published in C&RL News 51 (March 1990): 240-44. B. Coordinate w ork in the library to assure that unique ownership marks appear on the institution’s holdings, providing proof that ma­ terials, if stolen, belong to the library. The RBMS Security Committee urges the use of its mark­ ing guidelines for rare materials. (See “Guide­ lines for the Security of Rare Book, Manuscript, and O ther Special Collections,” Appendix I.) The committee also recommends recording dis­ tinctive characteristics o f individual copies in cataloging notes as another means o f identify­ ing appropriate items. C. W hen providing complete catalog records at point o f receipt is not possible, maintaining a brief record of ownership is recommended. It should contain brief author/title description and identifying characteristics. These records o f purchase or gift and ownership are espe­ cially important w hen materials are going to be added to a cataloging backlog. D. Eliminate cataloging backlogs. While this may seem to be a daunting task in many librar­ About the guidelines The "Guidelines Regarding Thefts in Libraries" have been developed by the ACRL Rare Books and Manu­ scripts Section's (RBMS) Security Committee over the past ten years. The committee began in 1978 with an ad hoc charge to develop guidelines for the mark­ ing of rare materials so that they could be properly identified when recovered. First published in 1979, these were later made an appendix to the broader "Guidelines for the Security o f Rare Book, Manu­ script, and Other Special Collections," published by ACRL in 1982, and revised in 1990. From 1983 to 1986 successive drafts of "Guide­ lines Regarding Thefts in Libraries" were reviewed by the RBMS Security Committee. The final draft was approved by the ACRL Board o f Directors and the ALA Standards Committee and published in C&RL News in March 1988. These guidelines included sections entitled "W hat to do before a theft occurs"; "W hat to do after a theft occurs," or steps to follow when a theft has been discovered; and "Model leg­ islation: Theft and mutilation o f lib ra ry materials," which the committee hoped libraries and ACRL chapters would take to their state legislatures to strengthen the laws for the prosecution and pun­ ishment o f lib ra ry thieves. W h a t follows is a revi­ sion begun in 1993 by the current RBMS Secu­ rity Committee. A ll sections have been retained. The first two sections have been retained with some m inor revision o f style and augmentation o f content. The third section, "M odel legislation," has become A pp en dix II. ies, it is an essential step in the establishment o f a secure library collection. Use the catalog record to describe physical characteristics that distinguish the library’s copy (i.e., binding, marks of previous ownership, and complete­ ness). Create machine-readable records for lo­ cal public access. Report the library’s holdings to the national-level bibliographic databases. Participate in broad-based bibliographic projects p roviding data an d inform ation ab o u t the library’s copies that serve to help distinguish betw een editions, issues, and states. E. Conduct regular inventories of both cata­ loged and uncataloged collections. This task is most effectively performed by staff working in teams, and conducted on a random basis. Pro­ ceeding through the collection in a predictable m ethod is not wise as it may allow for the re­ placement of materials temporarily rem oved or stolen. An inventory of shelf list cards to be taken simultaneously is also recommended, if this is not already a part of the procedure be­ ing followed. Again, while the task seems over­ whelming for libraries large and small, the com­ m ittee reco m m en d s th a t libraries m ake a beginning. The RBMS Security Committee wishes to empha­ size two important points about "Guidelines Regard­ ing Thefts in Libraries." First, these guidelines do not stand alone. They are interrelated to other RBMS published guidelines and should be considered in conjunction with the other guidelines. Second, these guidelines concern all library thefts, not just those which may occur in rare book, manuscript, and other special collections departments within a library sys­ tem. Some informal surveys over the past few years have shown that these latter departments have stron­ ger physical and procedural security systems in place than do their parent libraries for the general collec­ tions. Yet, a library is only as secure as its perim­ eter. Publicized thefts in the last decade such as the Shinn and Blumberg cases show that thieves infil­ trated both established systems in special collections departments and open stacks areas where rare ma­ terials acquired years before remained unidentified and unprotected. It is paramount that ACRL and ALA encourage the implementation of these guidelines, including the appointment of a Library Security Officer (LSO) at individual libraries. The committee stands ready to work with these LSOs to improve communication about thefts and to assist in the education of all li­ brarians about the epidemic proportions of library thefts and the means to cope with them. Committee members are: Susan M. Allen, chair; George Arnold; Virginia Bartow; Lois Fischer Black; Daren Callahan; Heather Lloyd; Eric Macdonald; Everett C. Wilkie; and Melissa Conway, intern. November 1994/643 F. Follow the hiring and other m anagem ent practices recom m ended in “Standards for Ethi­ cal Conduct for Rare Book, Manuscript, and Special Collections Librarians, with Guidelines for Institutional Practice in Support of the Stan­ dards,” 2nd edition, 1992, available from the ACRL office and published in C&RL News 54 (April 1993): 207-15. G. Review materials in the library’s general collections and op en stacks for consideration of transfer to special collections or to a caged, limited access area o f the library. The ACRL/ RBMS transfer guidelines, “Selection o f Gen­ eral Collection Materials for Transfer to Special Collections,” 2nd edition, available from the ACRL office and published in C&RL News 54 (Decem ber 1993): 644-47, will help the library identify candidates for transfer. Some libraries have identified rare materials in the o p en stacks in the course of projects, such as reporting to the English Short Title Catalogue or working through a collection developm ent policy using the Research Libraries Group Conspectus. While the task seems overwhelming for libraries large and small, the RBMS Security Committee rec­ om m ends that libraries make a beginning. A recent theft may give an indication o f an area w hich may be the target of future theft or mutilation. If it is appropriate, transfer materi­ als intellectually or physically related to those already stolen or mutilated. Categories o f such materials may but will not necessarily include periodicals, related imprints, or related subject matter. Section lI. Checklist of W hat to Do After a Theft Occurs from a Library I. N o tific a tio n • Notify the LSO and appropriate library administrators u p o n suspicion that a theft has occurred. II. D is c o v e r y o f th e ft a n d c o lle c tio n o f e v i­ d e n c e • Evidence o f intrusion connected with missing library materials. • Indication that patron, staff member, o r other has stolen books or manuscripts. • Apprehension of person(s) in act of theft. • Discovery o f systematic pattern o f loss. • Recovery of materials stolen from library. • O ther evidence. III. E v a lu a tio n The LSO must evaluate evidence with adminis­ tration, law enforcem ent personnel, library se­ curity group, and legal counsel as appropriate, and determ ine a plan o f action. IV. A c tio n s • Take inventory and compile a list of miss­ ing items. • Notify ap p ro p ria te sto len a n d m issing b o o k d atab ases a n d o th e r ap p ro p ria te n e t­ w orks. (See A ppendix I for “N etw orking Re­ so u rces D irectory for P rotection a n d Recov­ e ry .”) • Notify local booksellers and appropriate specialist dealers. • Request action from law enforcem ent agencies. • Request action from legal authorities. • Transfer vulnerable items to a more se­ cure location, if appropriate. V. P u b lic ity • LSO, administration, law enforcem ent, an d public relations officer plan appropriate publicity strategy. • LSO or public relations officer prepares new s releases to alert staff and community to problem s and action. • LSO or public relations officer handles inquiries from news media. VI. LSO’s c o o r d i n a t i o n o f s t a f f e f f o r t s s h o u ld in c lu d e • Compilation o f inventories. • Arrangement for appraisals of loss o r re­ covery. • Preparation o f communications to staff about progress on case. • Maintenance of internal records of actions followed during the progress o f case. Share your library's news C&RL News w ants to hear ab o u t your library’s activities. Information in the News from the Field, Grants & Acquisitions, and P eople in the News colum ns is gathered from press releases and notices w e receive. If you d o n ’t share your ideas and activities with us w e can’t share them with C&RL News readers. Be sure to put C&RL News on your mailing list today. Send notices to the Edi­ tor, C&RL News, 50 E. Huron St., Chicago, IL 60611; or e-mail: mary.ellen.davis@ala.org. mailto:mary.ellen.davis@ala.org 644 / C&RL News APPENDIX I N etw orking Resources Directory for Protection and Recovery The A B B ookm an ’s Weekly Jacob L. Chemofsky, Editor & Publisher P.O. Box AB Clifton, NJ 07015 phone: (201) 772-0020 fax: (201) 772-9281 (Publishes a missing books colum n for no charge) ABAA National Office Liane Wood-Thomas Executive Director 50 Rockefeller Plaza New York, NY 10020 phone: (212) 757-9395 (Circulates lists of missing materials to m em bership) ABAA Security Committee Ron Lieberman, Chair R.R. 1 Box 42 Glen Rock, PA 17327 phone: (717) 235-2134 fax: (717) 235-8042 ACRL/RBMS Security Committee Susan M. Allen, Chair Director o f Libraries & Media Services Kalamazoo College Library 1200 Academy Street Kalamazoo, MI 49006-3285 phone: (616) 337-7149 fax: (616) 337-7143 Internet: sallen@kzoo.edu (Compiles incidents of theft list; LSO list) Archives and Archivists To subscribe send the message: SUB ARCHIVES ‹y o u r first nam e your last nam e> to: listserv@ m iam iu.acs.m uohio.edu (Listserv for archivists) BAM-BAM Katharine and Daniel Leab P.O. Box 1236 W ashington, CT 06793 phone: (212) 737-2715 (Compiles missing materials list) EXLIBRIS To subscribe send the message: Subscribe exlibris your_full_name to: listserv@rutvml .bitnet or: listserv@ rutvml.rutgers.edu (Listserv for rare books and manuscripts librarians) IFAR International Foundation for Art Research Constance Lowenthal 46 E. 70th St. New York, NY 10021 phone: (212) 879-1780 (Newsletter includes a colum n listing missing materials) Interpol/USNCB Angela Meadows U.S. Departm ent of Justice 10th & Pennsylvania Ave. NW W ashington, DC 20530 phone: (202) 272-8383 fax: (202) 272-5941 (Circulates information internationally) National Stolen Art File Interstate Theft Unit FBI Headquarters W ashington, DC phone: (202) FBI-3000 (Database o f stolen artifacts; cannot be queried directly; w ork through local law enforcem ent) mailto:sallen@kzoo.edu miamiu.acs.muohio.edu mailto:listserv@rutvml.rutgers.edu November 1 99 4/64 5 APPENDIX II Draft of Model Legislation: Theft and Mutilation of Library Materials Declaration of purpose Because of the rising incidence of library theft concealed u pon the person or among the b e­ longings of another while still on the premises of a library shall be prima facie evidence of intent to commit larceny thereof. Section I.c. The willful removal of a book or other library property in contravention of library regulations shall be prima facie evidence o f intent to commit larceny thereof. Section I.d. The willful alteration or destruc­ tion o f library ow nership records, electronic or card catalog records retained apart from or applied directly to a book or other library prop­ erty shall be prima facie evidence of intent to commit larceny of a book or other library p rop­ erty. Section II.a. An adult agent or employee of a library w ho has reasonable grounds to b e­ lieve that a person committed, was commit­ ting, or was attempting to commit the acts de­ scribed in Section I may stop such person. Immediately upon stopping such person, the library employee shall identify himself or her­ self and state the reason for stopping the per­ son. If after initial confrontation with the per­ son under suspicion, the adult agent or library employee has reasonable grounds to believe that at the time stopped, the person commit­ ted, was committing, or was attempting to com­ mit the crimes set forth in Section I, said em­ ployee or agent may detain such person for a time sufficient to summon a peace officer to the library. In no case shall the detention be for a period of more than one-half hour. Said detention must be accomplished in a reason­ able m anner w ithout unreasonable restraints or excessive force and may take place only on the premises of the library w here the alleged crime occurred. Library premises includes the interior of a building, structure, or other enclo­ sure in which a library facility is located; the exterior appurtenances to such building, struc­ ture, or other enclosure; and the land on which such building, structure, or other enclosure is located. Any person so stopped by an employee or agent of a library shall promptly identify him­ self or herself by nam e and address. Once placed under detention, such person shall not be required to provide any other information nor shall any written an d /o r signed statement be elicited from such person until a peace offi­ ­ ­ ­ ­ ­ ­ , , ­ ­ l ­ and mutilation of library materials, libraries are suffering serious losses o f books and other li­ brary property. In order to assure that research materials are available for public use, it is the policy of this state to provide libraries and their employees and agents with legal protection to ensure security for their collection. It is the policy of this state to affirm that local, state, and federal prosecution of crimes affecting books or other library property is executed with the same degree of diligence as is exercised in prosecution of crimes affecting all other forms of property. Federal statute pertaining to sto­ len property is designed not only to implement federal-state cooperation in apprehending and punishing criminals w ho utilize, or cause to be utilized, channels of interstate commerce for transportation of property (in value o f $5,000 or more) of w hich the ow ner has been wrong fully deprived, but also to deter original theft. Definition of terms “Library” means any public library; any library of an educational, benevolent, hereditary, his torical, or eleemosynary institution, organiza tion, or society; any museum; any repository of public or institutional records. “Book or other library property” means any book, plate, pic ture, photograph, print, painting, drawing, map, new spaper, m agazine, pam phlet, broadside, m anuscript, docum ent, letter, public record, microform, sound recording, audiovisual ma terial in any format, magnetic or other tape, catalog card or catalog record, electronic data processing record, artifact, or other docum en tary, written, or printed materials, or equipment regardless of physical form or characteristics belonging to, on loan to, or otherwise in the custody of a library. Proposed wording Section I.a. Any person w ho willfully, mali ciously, or wantonly writes upon, injures, de faces, tears, cuts, mutilates, or destroys any book or other library property belonging to, on loan to, or otherwise in the custody of a library shal be guilty of a crime. Section I.b. The willful concealm ent o f a book or other library property upon the per son or am ong the belongings of the person or 6 4 6 / C&RL News cer has taken such person into custody. The said em ployee o r agent may, however, exam ­ ine said property w hich the em ployee or agent has reasonable grounds to believe w as unlaw ­ fully taken as set forth in Section I.b a n d /o r I.c o r in ju red o r d estro y ed as set forth in Sec­ tio n I.a a n d /o r I.d. Should th e p e rso n d e ­ ta in e d refuse to su rre n d e r th e item for e x ­ am in atio n , a lim ited an d reaso n ab le search m ay b e conducted. Only packages, sh o p p in g b a g s, h a n d b a g s, o r o th e r p ro p e rty in th e im m e d ia te p o s s e s s io n o f th e p e r s o n d e ­ tain ed , b u t n ot including any clothing w o rn by th e p erso n , may b e searched. Section II.b. For the purposes of Section II.a, “reasonable grounds” shall include, but not be limited to, knowledge that a person has con­ cealed or injured a book o r other library p ro p ­ erty while on the premises of the library. Section II.c. In detaining a person w ho the em ployee or agent of the library has reason­ able grounds to believe committed, was com ­ mitting, or was attempting to commit any of th e crimes set forth in Section I, the said em ­ ployee o r agent may use a reasonable am ount o f nondeadly force w hen and only w hen such force is necessary to protect the em ployee or agent or to prevent the escape of the person being detained or the loss of the library’s p rop­ erty. Section III. An adult agent or em ployee o f a library w ho stops, detains, a n d /o r causes the arrest o f any person pursuant to Section II shall not b e held civilly liable for false arrest, false imprisonment, unlawful detention, assault, bat­ tery, defamation of character, malicious pros­ ecution, o r invasion o f civil rights o f the per­ s o n s to p p e d , d e ta in e d , a n d / o r a rre s te d , provided that in stopping, detaining, or caus­ ing the arrest of the person, the adult agent or em ployee had at the time of the stopping, d e­ tention, o r arrest reasonable grounds to believe that the person had committed, was commit­ ting, or was attempting to commit any o f the crimes set forth in Section I. Section IV. The fair market value of p ro p ­ erty affected by crimes set forth in Section I determ ines the class o f offense: value under $500 indicates a misdemeanor; $500-$5,000 a Class I felony; above $5,000, a Class II felony. The aggregate value o f all property referred to in a single indictment shall constitute the value thereof. Section V. A copy or abstract of this act shall b e posted and prominently displayed in all li­ braries. Section VI. This act shall take effect u pon passage. ■ Statement of ownership and management College & Research Libraries News is published 11 times a year (monthly, com ­ bining July/August) by the American Li­ brary Association, 50 E. Huron St., Chicago, IL 60611. American Library Association, ow ner; Mary Ellen K. Davis, editor and publisher. Second-class postage paid at Chicago, Illinois. Printed in the U.S.A. As a nonprofit organization authorized to mail at special rates (DMM Section 423.12), the purposes, function, and nonprofit status o f this organization and the exem pt status for federal incom e tax p u rposes, have not changed during the preceding 12 months. Extent and nature of circulation (“Average” figures denote the num ber of copies printed each issue during the pre­ ceding twelve months; “Actual” figures d e­ note the num ber of copies of single issues published nearest to filing date.) Total num ber o f copies printed: Aver­ age, 12,366; Actual, 12,304. Sales through dealers and carriers, street vendors, and counter sales: not applicable. Paid or re­ q u e s te d m ail s u b s c rip tio n s : A v erag e, 11,482; Actual, 11,294. Total paid a n d /o r requested circulation: Average, 11,482; Ac­ tual 11,294. Free distribution by mail: Av­ erage, 53; Actual, 63. Free distribution out­ side the mail: Average, 0; Actual, 0. Total free distribution: Average, 53; Actual, 63. Total distribution: Average, 11,535; Actual, 11,357. Copies not distributed: Office use, leftovers, spoiled: Average: 831; Actual, 947. Returns from new s agents: not applicable. Total (sum o f previous entries): Average, 12,366; Actual, 12,304. Percent paid a n d / or requested circulation: Average: 99.54%; Actual: 99-44%. S ta te m e n t o f O w n e r s h ip , M a n a g e­ m e n t, a n d C ir c u la tio n (PS Form 3526, O c to b e r 1994) for 1994 filed w ith the United States Postal Service, Postmaster in Chicago, Illinois, O ctober 5, 1994. November 1994 / 641