Submission Date:
Question:
We have two individuals in our community, within 500 feet on either side of the library, that have been identified as sex offenders on the NYS website. One comes to the library to take out materials. He is an adult and now living and working in the community, but still identified on the NYS website. He is listed at a higher level of offense. He does not come into our children's room, but does check out materials when programs are happening with children of all ages. Our employees are concerned with this individual in the library – he has not posed any threat, but there is still concern. What is the legal course for him coming into the library, coming into the library during certain hours and what action can be taken if something more transpires?
Answer:
When considering how to address concerns about registered sex offenders using the library, there are several factors that must be considered at once:
Factor 1: Civil rights
In New York it is against the law to take adverse action against someone simply because of a past conviction, including a conviction leading to them being a registered sex offender. Therefore, preemptive action barring or restricting a library user with that type of criminal record cannot be taken.
That said, if a person has limits on where they can go as a result of sentencing or parole conditions, and those terms are violated, that is a different matter, and such violation should be immediately reported to the appropriate authority as deemed best by the leadership of the library. So long as the report is in furtherance of library priorities, this is consistent with the legal requirement that library records be kept confidential.
Factor 2: Safety
New York State created the Sex Offender Registry tool to enable communities' awareness of past convictions so they have the information to take allowable actions to protect themselves. If a library or another organization open to the public with specific areas and programming for children and vulnerable populations believes there is a person who may abuse or exploit those populations (whether they are a convicted sex offender, a person known to have committed another type of crime, or are just a creeper acting inappropriately), a safety plan should be developed (or enhanced).
This safety plan should include having clear policies regarding unaccompanied minors in the library, clear signage setting the terms and rules for different rooms and sections in the library, adequate staffing and security measures to ensure all areas of the library are routinely visited or monitored, a clear protocol for recording incidents and sharing concerns (coordinated with the Code of Conduct), well-defined relationships with local law enforcement to ensure there is a known resource in case the library has concerns, and adequate training for employees so they can recognize and have rehearsed responses to situations that may pose a safety risk, including but not limited to actions by registered sex offenders.
Factor 3: Long-Range Planning
For many libraries with older or nook-and-cranny facilities, or with small budgets, the full use of all the safety plan features I list above are not immediately achievable. For this reason, long-range plans should include these items so they can be budgeted and planned for.
Factor 4: Coping with Fear
Aside from empowering people to take whatever precautions they are allowed to use if they live or work near someone on the Registry, the Registry creates a lot of fear. While information can be powerful, fear can be toxic. For a library facing the scenario in the question, review current the safety plan, identify enhancements that can help employees feel confident about using it, and discuss the way in which the library will honor the civil rights of the patron, while taking policy-driven precautions.
And, returning to the specific question: if the knowledge of a person's past record is posing a concern to certain members of the staff, leadership needs to assess and confirm how it will interface with that patron. While denying services simply on the basis of a previous conviction is not allowed, there is nothing that says there can't be a protocol that certain patrons are never assisted one-on-one – so long as the library has adequate staffing to ensure that such a policy never leads to denial of service.
NOTE: It is quite possible that an employee with past trauma may experience significant difficulty serving a known registered sex offender. If a person has anxiety, depression, or another disability impacted by serving a certain type of patron, that should be assessed promptly as a disability accommodation request.
Tag:
Public Libraries, Policy, Safety, Sex Offenders, Civil Rights
