Policy

It's January 6, 2022, and I am trying to pinpoint what libraries are obligated to do for employees with regard to COVID safety measures.  Are employers still required to provide safety implements such as masks to their employees and encourage social distancing? What about providing testing kits at no cost to employees?

Here we are in January, 2022, and frustratingly, there is no ONE right answer to this question.[1]  Between OSHA, CDC, WHO, and NYSDOH, together with state-wide and local Executive Orders and states of emergency, the answer to this question is a big, tangled web.

For public libraries that must comply with Freedom of Information Law (FOIL), how does FOIL impact our organization's use of social media? What sort of social media records can be FOIL-ed and what are some best practices for using social media in regards to FOIL?

This is a timely question, because New York's Committee on Open Government (the authority on all things FOIL), has recently stated[1] that not only do public libraries have to follow FOIL, but cooperative public library systems have to, as well.

Local police walked through our Library earlier today with no explanation. Later on, we noticed 2 teens on premises, who we assume should have been in school. We thought the police may have been looking for them as truants, but that is not confirmed.

There is no one right answer to this question, but there is a formula for any library to come up with its own, unique answer.

Here is the formula:

[Situation] x [Ethics + Law] / [POLICY/Precedent] = YES or NO

Let me break this approach down.  And trust me, I will give a clear reply to the member's question at the end of all this.

[NOTE:  This question was submitted in response to the guidance posted at Minor Employees and Obscenity in the Library.

After sharing your reply with my board, we have a follow-up question seeking clarification. The question is in regards to the following paragraph:

This question is an example of why clear, precise writing is so important.

To make sure no reader is in suspense, first I'll answer the member's question: I intended the guidance to convey the member's interpretation (with the information about accession, cataloging and appeal policy being supplied only after a parent expresses concern).

We have a school district public library board considering requiring background checks for new employees. They are concerned that they may be legally required to background check all current employees. Would there be any legal reason they would need to do so?

[NOTE: for background to this short answer, please see the much longer "Ask the Lawyer" Background checks and fingerprinting for new employees, that addresses the tightrope walk/legal minefields of employee background checks.]

Should what we think of as the personnel policy be called Employee Handbook or Personnel Policy?

Ooh, an ontological question!

I am not sure about the basis of the past legal input mentioned in the question, differentiating a "policy" from a "handbook," but I (mostly) agree with it.

Our library is considering a name tag policy as part of our focus on patron service.  What are the legal "do's" and "don'ts" of an employee name tag policy?

When it comes to the legal considerations of employee name tags, there are quite a few "do's" and just as many "don’ts."  I'll set them out below, with the legal rationale behind the guidance.

DO pick a legible font.

Accessibility matters.  Consult an ADA guide and pick a font that is easy to read.

I appreciate your thorough treatment of the topic of pornography in libraries, especially couching it in the larger context of objectionable content. Our library's policies and staff training take a similar approach.

This submission stands at the complicated crossroads of First Amendment, employment law, library ethics, and equal protection.[1]

As such, I could write on this topic endlessly.  But "Ask the Lawyer" is not here to provide endless commentary, but rather, helpful guidance inspired by real-world questions. 

I serve on the board of an association library.

Before I answer, I would like to thank this unnamed trustee for bringing forward this important issue.  Dealing with personal legal matters is rarely easy; remembering to factor in consideration of one's volunteer obligations at the same time is impressive.

The New York Archives Conference recently posted a formal Code of Conduct (https://www.nyarchivists.org/nyac/code). While discussing our procedures for implementing this code, we began to wonder about the legal implications for enforcement.

Before I dive into this meaty and spectacular[1] question, here is a necessary disclaimer: this answer does not apply to chartered libraries.

Who does it apply to?  The following: