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HomeMy WebLinkAboutRes 2024-060RESOLUTION NO. 2024-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING LIBRARY SERVICES’ INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES WHEREAS, the City Council recognizes its responsibility and obligation to foster efficient and safe library services and further acknowledges the importance of the well- being and comfort of City of Palm Desert (City) library customers; and WHEREAS, the City Council desires to provide for the efficient, economical, effective, and safe control over the creation, organization, maintenance, use, and disposition of the City’s library; and WHEREAS, the City’s library policies offer comprehensive instructions for the library’s computer usage and customer behavior; and WHEREAS, the declared purpose of the Library Policies is to establish authority, assign responsibility for comprehensive operations of the library, and create the administrative framework to achieve the library’s purposes; and. WHEREAS, library operation demonstrates to legal and regulatory authorities that the City is making every reasonable effort to operate an effective and efficient library in a responsible manner, in accordance with federal, state, and local regulations, applicable guidelines, and good business practices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Library Policies set forth in Exhibit “A” are hereby adopted in their entirety. SECTION 3. The City Manager, through the Library Services Director, is directed to implement, uphold, and enforce the terms of these policies. SECTION 4. The City Clerk shall certify the adoption of this resolution. Docusign Envelope ID: 79CCBA07-D515-4543-93A6-FC29E8FBF961 Resolution No. 2024-060 Page 2 ADOPTED ON AUGUST 22, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-060 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on August 22, 2024, by the following vote: AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA CITY CLERK Docusign Envelope ID: 79CCBA07-D515-4543-93A6-FC29E8FBF961 8/23/2024 CITY OF PALM DESERT Subject Internet Use Policy Policy No. LIBR-014 Date Issued: August 22, 2024 Amended: N/A Approved by Resolution No. {2024-XX} Authored by Library Services I.PURPOSE A.This policy outlines internet use and safety online. II.INTERNET USE IN THE LIBRARY A.The Palm Desert Library endeavors to provide collections, resources, and services that meet the cultural, informational, recreational, and educational needs of the diverse communities it serves. B.Resources available on the Internet supplement and complement the collection and resources available at Library facilities. The Internet may contain material of a controversial nature; however, the Library does not monitor Internet usage. Users should note that not all Internet sources provide accurate, complete, or current information. C.All Library computers with Internet access and the Library’s wireless network use a technology protection measure that protects all users including minors against access to visual material considered inappropriate for or harmful to minors. D.Consistent with Federal Communications Commission (FCC) Order 03 -188, libraries complying with the Children’s Internet Protection Act (CIPA) are required to implement a procedure for unblocking the filter upon request of customers who are 18 years of age and older. Such procedures shall be the responsibility of the Library Director or designated representatives. Customers who are 18 years of age and over may, at their request, have the technology protection measure disabled during their use to enable access for bona fide research or other lawful purposes. E.Free wireless Internet access will be provided by the Palm Desert Library to all customers in order to access the web on their personal electronic devices and will not require the maintenance of a Library account to access such service. All wireless Internet access provided by the Palm Desert Library will be filtered to prevent access to materials deemed by law to be harmful to minors without exception. All Library policies concerning legal, acceptable, and safe use of computers and the Internet apply to use of the public wireless access. Resolution No. 2024-060 Page 3 EXHIBIT A Docusign Envelope ID: 79CCBA07-D515-4543-93A6-FC29E8FBF961 Administrative Procedures Manual LIBR-014 Internet Use Policy Page 2 of 3 F.As is the case with any electronic media system provided by the City, Library users should not have an expectation of privacy when using any form of electronic media. III.INTERNET ACCESS BY MINORS: REGULATIONS AND RESTRICTIONS A.The Palm Desert Public Library provides computer access to minors, including access to the Internet. To the extent possible, steps shall be taken to promote the safety and security of minor users of the online computer network when using email, chat rooms, instant messaging and other forms of direct communication. B.Specifically, as required by CIPA, prevention of inappropriate network usage includes unauthorized access, including “hacking” and other unlawful activities as well as unauthorized disclosure, use and dissemination of personal information regarding minors. IV.SUPERVISING COMPUTER USE BY CHILDREN A.Access for all customers under the age of 18 will be filtered. Filtering software may not block all material users find offensive. Library staff Librarians cannot act in the place of parents in providing constant care and supervision of children as they explore the Internet. Parents and legal guardians are responsible for monitoring any and all Internet use by minors and consent given on the part of parents or legal guardians for a Library card constitutes acknowledgment by the parents or guardians that the y have a responsibility for monitoring their child’s use of all Library resources, including the public computers. B.The following are recommended guidelines for parents and guardians to ensure that children have positive online experiences, whether at home or at the Library. i.Explore the wide range of available information and tell your children about sites you consider inappropriate for them. ii.Provide guidelines for your children on the amount of time they spend online, just as for television viewing. iii.Teach children to never give out personal identification information (name, address, password, telephone number, social security number, credit card number) about themselves or others without first asking a parent for permission. iv.Teach children to be good online consumers. As with print information, consider the source, date, and accuracy of online information. v.Teach children to exercise discretion and caution when communicating using the Internet, electronic mail, chat rooms, and other forms of direct electronic communications in order to remain safe and secure (e.g. avoidance of predators, cyber-bullying, and scams). V.INTERNET ACCEPTABLE USE RULES FOR ALL USERS Resolution No. 2024-060 Page 4 Docusign Envelope ID: 79CCBA07-D515-4543-93A6-FC29E8FBF961 Administrative Procedures Manual LIBR-014 Internet Use Policy Page 3 of 3 A.Users read and agree when logging into a computer to abide by this Internet Use and Safety Policy, including guidelines for use of the Internet by minors. B.Customers are expected to adhere to all rules governing the use of the Internet in libraries, including the duration and frequency of sessions. Customers who violate Library policy regarding the use of the Internet or who behave in a disruptive manner will be asked to either modify their use appropriately or discontinue such usage or have their Internet usage access terminated. In addition, customers must maintain a Library account in good standing and comply with all computer usage rules including printing limits. C.All Internet use is subject to the Palm Desert Library Code of Conduct. Customers who observe violations of the Palm Desert Library Code of Conduct should contact Library staff immediately. D.Users shall not disclose, use, or disseminate personal identification information regarding minors without proper authorization. E.Users shall utilize the Library network for lawful activities only. They shall not use the network to cause harm to others or damage the property of others. They shall not intentionally upload, download or create computer viruses or other forms of malicious programming, attempt to harm or destroy equipment, manipulate the data of any other user, or seek unauthorized access to networks and systems, including so-called “hacking.” VI.WI-FI A.We provide free wireless internet access during open hours to anyone with a Wi-Fi-enabled laptop or mobile device. Just connect your laptop, tablet, or smartphone to our wireless network, e.g., PDLPublic. B.Like any public wireless network, our Wi-Fi service is not secure. Be aware of the risks and avoid sending sensitive information through the network. Resolution No. 2024-060 Page 5 Docusign Envelope ID: 79CCBA07-D515-4543-93A6-FC29E8FBF961 CITY OF PALM DESERT Subject Prohibition on Youth Bullying Policy No. LIBR-015 Date Issued: August 22, 2024 Amended: N/A Approved by Resolution No. {2024-XX} Authored by Library Services I.PURPOSE A.This policy protects the dignity and safety of youth served by the City of Palm Desert. This policy prohibits bullying, harassment, and intimidation in all library activities, programs, events, and facilities. II.DEFINITIONS A.“Bullying” shall be defined as any severe, pervasive, or persistent act or conduct whether physical, electronic, or verbal that: i.May be based on a youth’s actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilitie s, matriculation, political affiliation, genetic information, disability, source of income, or any other distinguishing characteristic, or on a youth’s association with a person or group with any of the actual or perceived foregoing characteristics; and ii.Can reasonably be predicted to: i.Place the youth in reasonable fear of physical harm to their person or property; ii.Cause a substantial detrimental effect on the youth’s physical or mental health; iii.Substantially interfere with the youth’s academic performance or attendance; or iv.Substantially interfere with the youth’s ability to participate in or benefit from the services, activities, programs, facilities, or privileges provided by an agency or contractor or agent thereof. III.PROHIBITION AGAINST BULLYING A.Acts of bullying, including cyberbullying, whether by youth, customers volunteers, or staff, are prohibited in all library activities, programs, events, and facilities. Resolution No. 2024-060 Page 6 Docusign Envelope ID: 79CCBA07-D515-4543-93A6-FC29E8FBF961 Administrative Procedures Manual LIBR-0015 Prohibition on Youth Bullying Page 2 of 2 B.Retaliation against a youth, customer, volunteer, or staff member who reports bullying, provides information about an act of bullying, or witnesses an act of bullying is also prohibited. Resolution No. 2024-060 Page 7 Docusign Envelope ID: 79CCBA07-D515-4543-93A6-FC29E8FBF961