Appeals and Requests for Reinstatement of Privileges Policy

Definitions

“Individual policies” refers to other policies of the Brigham City Public Library (e.g. Internet and Online Access Policy, Circulation Policy, etc.).

Purpose

This document shall serve as the Appeals and Requests for Reinstatement of Privileges Policy for all policies of the Brigham City Public Library and shall replace any policy regarding appeals or requests for reinstatement which predate the approval of this policy.

I - Appeal and Request for Reinstatement of Privileges - Exclusions and Reviews

1. Individual policies may identify violations which shall be exempt from the appeal or request for reinstatement of privileges process.
2. All suspension of privileges are subject to review by the Library Director or designee, within ten (10) business days of the issuance of the suspension. If the Library Director or designee determines that a suspension is not in line with Library Policy an alteration may be made.

II – Appeals and Request for Reinstatement of Privileges – Official

1. Decisions on appeals and reinstatement of privilege requests shall be made by the City Administrator of Brigham City or his/her designee to be known as the Appeal and Reinstatement of Privileges Official.

III – Appeals and Requests for Reinstatement of Privileges – Qualifying Periods

1. Any patron having Library privileges suspended or terminated for policy violations may appeal that policy enforcement action within fourteen (14) days of the date of suspension.
2. Patrons having had one or more library privilege terminated may submit a request to have their privilege(s) reinstated if:
   1. at least three (3) years have passed since the date the library privilege(s) were terminated, and;
   2. at least twelve (12) months have passed since any prior request for reinstatement of the same privilege(s) was denied.

IV – Appeals and Requests for Reinstatement of Privileges – Patron Process

1. Appeals and requests for reinstatement must be submitted in writing using the appropriate form (available from the Library):
   1. Appeal Form
   2. Request for Reinstatement of Privileges Form
2. Forms must be returned to the Library Director or his/her designee or the Library’s Administrative Assistant.
   1. For appeals, forms must be received within the fourteen (14) day qualifying period.
   2. For requests for reinstatement of privileges, forms must be received after the qualifying period opens.
3. Patrons wishing to be heard in-person or via voice or video call by the Appeal and Request for Reinstatement of Privileges Official may request a hearing on the applicable form.
4. Minor patrons may not appeal or request a reinstatement of privileges on their own. A parent or legal guardian must handle the process for the minor patron.

V – Appeal and Request for Reinstatement of Privileges – Process

1. Upon receiving an Appeal or Request for Reinstatement of Privileges Form, staff shall forward the forms to the Appeal and Request for Reinstatement of Privileges Official.
2. Staff shall send any documentation related to the appeal or request to the Official.
3. The Library Director or designee shall prepare a letter stating the recommendation of the Library staff.
4. If the individual(s) making the appeal or request have indicated their desire for a hearing, an invitation will be sent to the preferred contact listed on the submitted form by the Library’s Administrative Assistant or designee.
5. At the hearing the individual(s) should come prepared with a brief statement, not to exceed ten (10) minutes, in which they may address the Official.
   1. The Official may then ask any follow-up questions pertaining to the matter.
   2. After making their statement and answering any relevant questions, the individual(s) will be excused from the hearing.
   3. If the individual(s) requesting a hearing are not available for the assigned hearing date, the patron may request an extension using an Appeal or Request for Reinstatement of Privilege Extension Form and returning it to the Library Director or his/her designee or the Library’s Administrative Assistant.
      1. Only three extensions will be allowed. After which time the Official will proceed with the decision-making process.
      2. If no extension request is received at least one (1) business day prior to the hearing, the Official will proceed with the decision-making process with the information at hand.
6. The Official may request any further information he/she requires.
7. The Official may issue a ruling with any of the following:
   1. granted appeal;
   2. denied appeal;
   3. reinstatement of privilege(s);
   4. denial of reinstatement of privilege(s), or;
   5. progationary or special condition decision with a scheduled review.
8. The Official shall come to a decision within fourteen (14) business days of the receipt of the form or the date of the hearing.
9. The Official will issue their decision in writing within thirty (30) business days of the receipt of the form or the date of the hearing.
10. The suspension of privileges will remain in effect throughout this process.
11. The decision of the Official may not be appealed.

VI – Appeal and Request for Reinstatement of Privileges – Probationary or Special Condition Decisions

1. In reinstating privileges, the Official may set forth any restrictions they deem prudent or necessary or allow for a probationary reinstatement of privileges.
2. Probationary or special condition decisions shall be reviewed by the Official. The review shall be scheduled at a future date, which shall be determined by the Official.

VII – Retention of Incident and Suspension Records

1. Documentation related to policy violation incidents at the library shall be maintained for a minimum of two (2) years. Thereafter,
   1. if an incident occurred but no suspension is issued, documentation of the incident may be destroyed after two (2) years.
   2. any incidents resulting in suspension or termination of privileges shall be maintained for five (5) years from the time the suspension ended or the privileges were reinstated. This history shall be used to determine the length of possible future suspensions related to the same or similar policy violations.
   3. if it is known that the patron is deceased, the documentation related to that patron’s suspension(s) or termination of privileges may be destroyed.
   4. if the library has no documentation of a patron who is under a termination of privilege (e.g. further policy violations, library card activity, known sightings by staff, etc.) having been in the library for a period of fifteen (15) years or more, the documentation related to that patron’s termination of privileges may be destroyed.