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Our ordinance specifies a penalty of "up to $500.00 per overdue item."  The reality is that our judges have decided that the maximum penalty they will assign is $250.00 per case. 
 
Yes, we have seen a significant decline in overdues since passing our ordinance.  At the time we went to our city council requesting the ordinance, we were loosing over $16,500 a year to unreturned materials.  During the first several months after the ordinance was passed, we so a very sharp drop in unreturned and extremely overdue materials--somewhere around 75% less than before the ordinance.  Over time it has increased again, but we now only loose about $8,000- $9,000 a year to unreturned items, and we get paid for more of the unreturned items than in the past.
 
We have had several cases reach the prosecution stage, but our ordinance went into effect over 3 years ago, so that is to be expected.  In general, our courts try to make it very easy for people to avoid prosecution.  Once the summons is mailed out, the patron can still avoid any court costs or prosecution by returning the materials to the library prior to the date that they must appear in court.  Or, if the patron waits until their court date and goes before the judge, both of our judges give them 48 hours to come to the library and return or pay for the missing items.  If the patron does so, the case is dismissed and they don't lose any money.  However, if a patron fails to respond to a summons, the judges don't take that as well--a warrant is issued.  After the warrant is issued, the patron will end up paying all of the applicable court costs (usually around $65-$100) plus the fine ordered by the judge PLUS they still must either return the materials to us or pay us for the lost items.  I believe we've had 32 people go to this point so far.
 
Community reaction was divided.  Many of the people who were initially reacted with horror at the idea of the ordinance came around to seeing our side after a little discussion.  We worked hard to get the word out that was only being used for cases of extremely overdue materials--items around 3 months or more overdue.  Ultimately, the thing that won over most people was when we'd tell them how much of THEIR tax money was being lost each year in unreturned materials.  That really got some people thinking.  Up to that point, I think many of them had just assumed we were being petty or alarmist about a $100 worth of unreturned materials.  Once we showed them that the reality was over $16,000 each year, many people jumped on the bandwagon.  By the end of the first year, nobody seemed to voicing objections any more.  To the best of my knowledge, we haven't lost any borrowers over the issue.
 
Is there anything I would do differently?  Yes, I would've asked for the ordinance a year earlier.  And I would've done my best to get on the agendas at places like the Rotary Club, Kiwanis, Lions' Club, etc., to explain in advance what we were doing.  I got the chance with Rotary, and just having some of their club members telling their friends why we were asking for an ordinance on overdue materials really helped get the message out.  And that message was and is:  "We are trying to be good stewards of public money and to keep the library's resources available for everyone."

Deanna Frazee
Director of Library Services
205 E. Church Ave.
Killeen, TX  76541
(254) 501-8994
[EMAIL PROTECTED]

-----Original Message-----
From: cclib [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, February 05, 2002 9:07 AM
To: [EMAIL PROTECTED]
Subject: Ordinances for overdue materials

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This is for libraries whose governing authorities have passed an ordinance regarding overdue library materials:
 
1.  What is the penalty specified by your ordinance?
 
2.  Have you seen a significant decline in overdue items since this ordinance passed?  (If the answer is yes, please quantify it if possible).
 
3.  Have you had many cases reach the prosecution stage?
 
4.  How did your community react to the ordinance?  Did you lose borrowers?
 
5.  Is there anything you would change, or is there a "lesson learned" that you'd be willing to pass along?
 
Thanks for your help.
 
Peg Fleet

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