Submission Date
Question
What are the legal requirements, or best practices, for libraries handling lost or unclaimed property, i.e. patron items left inadvertently at the library?
For items like lost library cards where the owner’s identity it easy to find, we look up the patron record and attach a note to it, then place the card in Lost & Found. But what about things like electronics? We’ve had a lost cell phone in L&F for several months now. I assume for privacy reasons we should never access the phone in an attempt to learn the owner’s identity?
Three area directors I’ve asked said that after one month, they give unclaimed phones to their local police department. Is this a legal requirement or simply a best practice? What about other found items, like money? Can money, after a period of time, be given to the library’s Friends group or kept by the library itself, or should it be turned over to the police as well?
Thanks.
Answer
In New York State, lost property is controlled by Personal Property Law Article 7-B.
In that law, “Property” is defined as:
- money (cash and coins)
- “instruments” (checks, money orders)
- goods (a.k.a. “stuff”)
Exceptions to that definition are:
- animals
- shipwrecks[1]
- vehicles (but not bicycles)
The law presumes lost Property to also be “mislaid” or “abandoned” property.
And this is where things get tricky.
For lost property worth $20 or more, the property must be deposited at the local police station within 10 days; failure to do so is a misdemeanor and can lead to a fine of up to $600.
For property worth under $10, there is no obligation to turn it over to the police, and if the finder made an effort to find the owner, the finder becomes the owner after 1 year.
For property valued between $10 and $19.99, the law creates a gray zone (likely due to sloppy updates).
Depending on the value of the property turned over to the police, it is retained for a set period of time, after which it is either returned to the original owner, given to the finder (who becomes the owner), or auctioned off, with the proceeds going to the municipality (or in the case of property lost at a SUNY campus, to SUNY).
When in police custody, the property has an interesting journey, as there are several steps the police must take to try and locate the original owner. These steps are impacted not only by the value of the property, but how it was found, if crime was involved, and if it is in “instrument” (like a check). Suffice it to say that the job of “Policy Clerk for Lost Property” is either a dream fob for a highly detail-oriented person who appreciates eclectic tchotchkes or a punishing nightmare for a person who entered law enforcement because they didn’t want a desk job.
What does all this mean for a library, museum, or other institution where people regularly leave behind glasses, cell phones, handbags, etc.?
First, it means that even though it sounds like a good idea, simply giving lost property to a Friends group, or another charitable group, is not an option.
Second, it means that every library and museum should have a Lost Property Policy.
Third, it means that if you are the type of institution that might find a shipwreck,[2] you should also have a Shipwreck Property Policy.
A good “Lost Property Policy” should cover all the points raised by the member’s questions: procedures for efforts to find the owner, procedures for properly turning it over to the police when required, and procedures governing how the property will be used if it is returned.
While every institution might want to add its own flourishes, here is a template for doing that (it’s in italics so you can distinguish it from the rest of this answer):
ABC Library Lost Property Policy | Position responsible for compliance: INSERT |
Adopted on: TEMPLATE DRAFT | Reviewed by the board every: INSERT |
Policy
It is the policy of the Library to follow New York State’s law on lost property (Personal Property Article 7-B) and to use the Library’s best efforts to reunite visitors with lost property. To the end, the Library follows the below procedures, and any proceeds from lost property are directed to the Library’s [INSERT FUND].
Procedures
Every day, the Library assesses personal property has been left behind at the Library; such property is “Lost Property.”
Items of no discernable value, items that pose a potential hazard, and items which appear to be refuse (scrap paper, empty cans, soiled clothing, etc.) will be disposed of immediately.
Items that appear to have value (including but not limited to bags, phones, clothing, technology, personal items such as brushes or cosmetics) will be logged in a Lost Property list that notes the date and location of the item when found, the estimated value, together with any relevant information known by the Library.
Estimated Value will be established on a good-faith basis. The Library does not regard accurate valuation of Lost Property as a job requirement of any employee. The Library does not accept any responsibility for errors in assessment of value.
Items with an estimated value of over $20.00 shall be stored in a locked area and in a clearly marked receptacle designated for Lost Property.
Consistent with the law, the Library will turn over Lost Property estimated to be over $20.00 in value to the INSERT Police Department ten days after being found.
Receipts for Lost Property issued by the Police Department pursuant to Personal Property Law Section 253 will be retained by the Library for at least # years.
Owners seeking the property after it is conveyed to the Police Department shall be referred to the INSERT Police Department, with a copy of the receipt if one is requested.
If Lost Property is returned to the Library by the INSERT Police Department per Personal Property Law Section 254 (because no owner has come forward, and the Library is now the owner), the property shall be [donated to the Friends of the Library for a sale to benefit the Library; sold by the Library to benefit a [specific program]; donated to [a specific charity]. The Library reserves the right to depart from this standard procedure if the nature of Lost Property and/or the priorities of the Library merit a different disposition.
Items with an estimated value of under $20.00 shall be kept in an open area and in a clearly marked receptacle designated for “Lost and Found.” After one (1) year in “Lost and Found,” items valued under $10.00 shall become the property of the Library, and the Library will dispose of such items as it deems appropriate.
The Library will make a good faith effort to alert owners of Lost Property but will not access technology or open private documentation to do so. The Library will not use significant employee time for such efforts unless the Director determines such effort is consistent with the Library’s service to the community. Examples where such extra effort may be warranted are: Lost Property that appears to meet a medical need, jewelry in excess of $500.00 in value, cell phones, computers, wallets, and [ADD YOUR OWN].
Thank you for a great question!
Now we just need a member to find a shipwreck…