ing the vote of each member. All documents considered in connection with any action will be identified in the minutes. (c) Available material. The Corporation will maintain a complete verbatim copy of the transcript or minutes of each meeting or portion of a meeting closed to the public for a period of at least two years after the meeting, or until one year after the conclusion of any proceeding with respect to which the meeting or portion was held, whichever occurs later. The Corporation will make promptly available to the public the transcript, identifying each speaker, or minutes of items on the agenda or testimony of any witness received at the closed meeting except that in cases where the Privacy Act of 1974 (5 U.S.C. 552a) does not apply, the Corporation may withhold information exempt from disclosure under § 311.3(b). For the convenience of members of the public who may be unable to attend open meetings of the Board, the Corporation will maintain for at least two years a set of minutes of each meeting of the Board or portion thereof open to public observation. (d) Procedures for inspecting or copying available material. (1) An individual may inspect materials made available under this Section at the Office of the Executive Secretary, Federal Deposit Insurance Corporation, 550 17th Street, N.W., Washington, D.C. 20429, during normal business hours. If the individual desires a copy of such material, the Corporation will furnish copies at a cost of 10 cents per page. Whenever the Corporation determines that in the public interest a reduction or waiver is warranted, it may reduce or waive any fees imposed under this section. (2) An individual may also submit a written request for tranacripts or minutes, reasonably identifying the records sought, to the Office of the Executive Secretary, Federal Deposit Insurance Corporation, 550 17th Street, N.W., Washington, D.C. 20429. APPENDIX B-PROPER EMPLOYEE CONDUCT SOURCE: 34 FR 618, Jan. 16, 1969, unless otherwise noted. § 326.0 Scope of part. Pursuant to the authority conferred upon the Federal Deposit Insurance Corporation by section 3 of the Bank Protection Act of 1968 (82 Stat. 295), the regulations contained in this part (a) Establish minimum standards with which each insured State nonmember bank must comply with respect to the installation, maintenance, and operation of security devices and procedures to discourage robberies, burglaries, and larcenies and to assist in the identification and apprehension of persons who commit such acts; (b) Establish time limits within which each such bank shall comply with such standards; and (c) Require the submission of reports with respect to the installation, maintenance, and operation of security devices and procedures. posits of which are insured in accordance with the provisions of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1811-1832), but the term does not include any bank located in the District of Columbia. (b) The term "banking hours" means the time during which a banking office is open for the normal transaction of business with the banking public. (c) The term "banking office" includes the main office or any insured State nonmember bank and any branch thereof. (d) The term "branch" includes any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State of the United States or in any territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands at which deposits are received or checks paid or money lent. (e) The term "Board of Directors" means the Board of Directors of the Federal Deposit Insurance Corporation. (f) The term "teller's station or window" means a location in a banking office at which bank customers routinely conduct transactions with the bank which involve the exchange of funds, including a walkup or drivein teller's station or window. [34 FR 618, Jan. 16, 1969, as amended at 36 FR 3112, Feb. 18, 1971] § 326.2 Designation of security officer. On or before February 15, 1969, or within 30 days after the bank becomes a member of the Federal Deposit Insurance Corporation, the board of directors of each insured State nonmember bank shall designate an officer or other employee of the bank who shall be charged, subject to supervision by the bank's board of directors, with responsibility for the installation, maintenance, and operation of security devices and for the development and administration of a security program which equal or exceed the standards prescribed by this part. § 326.3 Security devices. or (a) Installation, maintenance, and operation of appropriate security devices. Before January 1, 1970, within 30 days after the bank becomes a member of the Federal Deposit Insurance Corporation, the security officer of each insured State nonmember bank, under such directions as shall be given him by the bank's board of directors, shall survey the need for security devices in each of the bank's banking offices and shall provide for the installation, maintenance, and operation, in each such office, of— (1) A lighting system for illuminating, during the hours of darkness, the area around the vault, if the vault is visible office; from outside the banking (2) Tamper-resistant locks on exterior doors and exterior windows designed to be opened; (3) An alarm system or other appropriate device for promptly notifying the nearest responsible law enforcement officers of an attempted or perpetrated robbery or burglary; and (4) Such other devices as the security officer, after seeking the advice of law enforcement officers, shall determine to be appropriate for discouraging robberies, burglaries, and larcenies and for assisting in the identification and apprehension of persons who commit such acts. (b) Considerations relevant to determining appropriateness. For the purposes of paragraph (a)(4) of this section, considerations relevant to determining appropriateness include, but are not limited to (1) The incidence of crimes against the particular banking office and/or against financial institutions in the area in which the banking office is or will be located; (2) The amount of currency or other valuables exposed to robbery, burglary, or larceny; (3) The distance of the banking office from the nearest responsible law enforcement officers and the time required for such law enforcement officers ordinarily to arrive at the banking office; (4) The cost of the security devices; (5) Other security measures in effect at the banking office; and (6) The physical characteristics of the banking office structure and its surroundings. (c) Implementation. It is appropriate for banking offices in areas with a high incidence of crime to install many devices which would not be practicable because of costs for small banking offices in areas substantially free of crimes against financial institutions. Each insured State nonmember bank shall consider the appropriateness of installing, maintaining, and operating security devices which are expected to give a general level of bank protection at least equivalent to the standards described in Appendix A of this part. In any case in which (on the basis of the factors listed in paragraph (b) of this section or similar ones, the use of other measures, or the decision that technological change allows the use of other measures judged to give equivalent protection) it is decided not to install, maintain, and operate devices at least equivalent to these standards, the bank shall preserve in its records a statement of the reasons for such decision. § 326.4 Security procedures. (a) Development and administration. On or before July 15, 1969, or within 30 days after the bank becomes a member of the Federal Deposit Insurance Corporation, each insured State nonmember bank shall develop and provide for the administration of a security program to protect each of its banking offices from robberies, burglaries, and larcenies and to assist in the identification and apprehension of persons who commit such acts. The security program shall be reduced to writing, approved by the bank's board of directors, and retained by the bank in such form as will readily permit determination of its adequacy and effectiveness. (b) Contents of security programs. Such security programs shall (1) Provide for establishing a schedule for the inspection, testing, and servicing of all security devices installed in each banking office; provide for designating the officer or other employee who shall be responsible for seeing that such devices are inspected, tested, serviced, and kept in good working order; and require such officer or other employee to keep a record of such inspections, testings, and servicings; (2) Require that each banking office's currency be kept at a reasonable minimum and provide procedures for safely removing excess currency; (3) Require that the currency at each teller's station or window be kept at a reasonable minimum and provide procedures for safely removing excess currency and other valuables to a locked safe, vault, or other protected place; (4) Require that the currency at each teller's station or window include "bait" money, i.e., used Federal Reserve notes the denominations, banks of issue, serial numbers, and series years of which are recorded, verified by a second officer or employee, and kept in a safe place; (5) Require that all currency, nego-. tiable securities, and similar valuables be kept in a locked vault or safe during nonbusiness hours, that the vault or safe be opened at the latest time practicable before banking hours, and that the vault or safe be locked at the earliest time practicable after banking hours; (6) Provide, where practicable, for designation of a person or persons to open each banking office and require him or them to inspect the premises, to ascertain that no unauthorized persons are present, and to signal other employees that the premises are safe before permitting them to enter; (7) Provide for designation of a person or persons who will assure that all security devices are turned on and are operating during the periods in which such devices are intended to be used; (8) Provide for designation of a person or persons to inspect, after the closing hour, all areas of each banking office where currency, negotiable securities, or similar valuables are normally handled or stored in order to assure that such currency, securities, and valuables have been put away, that no unauthorized persons are present in such areas, and that the vault or safe and all doors and windows are securely locked; and (9) Provide for training, and periodic retraining, of employees in their responsibilities under the security program, including the proper use of security devices and proper employee conduct during and after a robbery, in accordance with the procedures listed in Appendix B of this part. § 326.5 Reports and records. (a) Compliance reports. As of the last business day in June of each year, each insured insured State nonmember bank shall complete a compliance report certifying to its compliance with the security requirements of this part. This report shall be signed by the president or cashier or other managing officer of the bank and shall be retained in the bank files for a period of three years for review by Federal Deposit Insurance Corporation examiners. The report may be in a form substantially as follows: I hereby certify, to the best of my knowledge and belief, that this bank has developed and administers a security program that equals or exceeds the standards prescribed by § 326.4 of the rules and regulations of the Federal Deposit Insurance Corporation; that such security program has been reduced to writing, approved by the bank's board of directors, and retained by the bank in such form as will readily permit determination of its adequacy and effectiveness; and that the bank security officer, after seeking the advice of law enforcement officers, has provided for the installation, maintenance, and operation of appropriate security devices, as prescribed by § 326.3 of the rules and regulations of the Federal Deposit Insurance Corporation, in each of the bank's banking offices. (b) Records of consultation. The bank's files shall contain a readily available record showing the name(s) and title(s) of the law enforcement officer(s) whose advice the security officer sought prior to the installation, maintenance, and operation of appropriate security devices. (c) Records of external crime. After a robbery, burglary or nonemployee larceny is committed or attempted at a banking office of an insured State nonmember bank, the bank shall keep a record of the incident at its main office. The record may be a copy of a police, insurance or similar report of the incident. Alternatively, the bank may wish to develop its own record indicating the office at which the incident occurred, the type of crime, when the crime occurred and the amount of any loss; whether operational or mechanical deficiencies might have contributed to the crime; and what has been or will be done to correct any deficiencies. (d) Special reports. Each insured State nonmember bank shall file such other reports as the Board of Directors or its designee may require. [34 FR 618, Jan. 16, 1969, as amended at 36 FR 1248, Jan. 27, 1971; 42 FR 10312, Feb. 22, 1977; 46 FR 15865, Mar. 10, 1981; 46 FR 49105, Oct. 6, 1981] § 326.6 Corrective action. Whenever the Board of Directors or its designee determines that the security devices or procedures used by an insured State nonmember bank are deficient in meeting the requirements of this part, or that the requirements of this part should be varied in the circumstances of a particular banking office, it may take or require the bank to take necessary corrective action. If the Board of Directors or its designee determines that such corrective action is appropriate or necessary, the bank will be so notified and will be furnished a statement of what the bank must do to comply with the requirements of this part. § 326.7 Penalty provision. Pursuant to section 5 of the Bank Protection Act of 1968 (82 Stat. 295), and insured State nonmember bank that violates any provision of this part shall be subject to a civil penalty not to exceed $100 for each day of the violation. APPENDIX A-MINIMUM STANDARDS FOR SECURITY DEVICES In order to assure realization of maximum performance capabilities, all security devices utilized by a bank should be regularly inspected, tested, and serviced by competent persons. Actuating devices for surveillance systems and robbery alarms should be operable with the least risk of detection by un authorized persons that can be practicably achieved. (1) Surveillance systems-(i) General. Surveillance systems should be: (A) Equipped with one or more photographic, recording, monitoring, or like devices capable of reproducing images of persons in the banking office with sufficient clarity to facilitate (through photographs capable of being enlarged to produce a oneinch vertical head-size of persons whose images have been reproduced) the identification and apprehension of robbers or other suspicious persons; (B) Reasonably silent in operation; and (C) So designed and constructed that necessary services, repairs or inspections can readily be made. Any camera used in such a system should be capable of taking at least one picture every 2 seconds and, if it uses film, should contain enough unexposed film at all times to be capable of operating for not less than 3 minutes, and the film should be at least 16mm. (ii) Installation and operation of surveillance systems providing surveillance of other than walk-up or drive-in teller's stations or windows. Surveillance devices for other than walk-up or drive-in teller's stations or windows should be: (A) Located so as to reproduce indentifiable images of persons either leaving the banking office or in a position to transact business at each such station or window; and (B) Capable of actuation by initiating devices located at each teller's station or window. (iii) Installation and operation of surveillance systems providing surveillance of walk-up or drive-in teller's stations or windows. Surveillance devices for walk-up or drive-in teller's stations or windows should be located in such a manner as to reproduce identifiable images of persons in a position to transact business at each such station or window and areas of such station or window that are vulnerable to robbery or larceny. Such devices should be capable of actuation by one or more initiating devices located within or in close proximity to such station or window. Such devices may be omitted in the case of a walk-up or drive-in teller's station or window in which the teller is effectively protected by a bullet-resistant barrier from persons outside the station or window. However, if the teller is vulnerable to larceny or robbery by members of the public who enter the banking office, the teller should have access to a device to actuate a surveillance system that covers the area of vulnerability or the exits to the banking office. (2) Robbery and burglary alarm systems— (i) Robbery alarm systems. A robbery alarm system should be provided for each banking office at which the police ordinarily can |