Submission Date:
Question:
[We got a question from a library system...]
It recently came to our attention that a civil service department overseeing hiring for a public library was not allowing a job candidate’s experience at an Empire State Library Network (ESLN) council to count as valid library experience at a “library of recognized standing.”
The department stated that they do not consider working at an ESLN council—or any other library system—to be equivalent to experience in an actual library setting, and therefore would not count it toward the candidate’s qualifications.
This raises concerns. Many of us working in library systems view our roles as part of the broader library sector. Systems typically require significant library experience to qualify for these positions, and we often serve as a resource for our member libraries because of that expertise. It’s generally understood that this experience is transferable across library types.
How should job candidates respond when faced with situations like this? Many applicants may need to include their years of system-level work in order to meeting job requirements. Do you have some guidance or strategies for navigating this issue? Thank you!
Answer:
SPOILER ALERT!!
For those of you who need to know: in the end, the service at a regional council “counted.”
And now for the questions...
- How should job candidates respond when faced with situations like this?
- Do you have some guidance or strategies for navigating this issue?
When this question arose, my office looked at a variety of different local rules for civil service, hoping to find examples of service at a library system and regional council “counting” towards years of service at a library.
What we found was the opposite… local rules and guidance expressly limiting library service to chartered public libraries.
With no examples of common practice to cite, we had to make a legal argument.[1] Here is a modified, genericized version of what was said:[2]
At the request of my client, I’m providing this letter addressing whether a regional library council is a “library of recognized standing” as that phrase is used in your agency’s Civil Service “LIBRARY DIRECTOR” job description.
A regional library council is a creation of Education Law Chapter 16, Article 5, Part 2, Section 255.
A review of that law shows that a library council or system is unambiguously included as one of the many types of “Public Library” entities formed under that section of the law.
When the plain language of Section 255 is reviewed, it is clear that the state’s nine regional library councils are categorized under the law as “libraries,” together with association libraries, school libraries, library systems, Indian libraries, and other library entities recognized by the New York State Education Department (“NYSED”).
Of course, service at any type of NYSED-recognized library might not meet the experiential requirements of a particular job description, but that is another issue. For purposes of service at a “library of recognized standing”, service at a regional library council, library system, or other NYSED-recognized library can contribute to durational requirements.
Thank you for your attention to this matter.
As I have shared, this situation had a happy ending; the applicant’s years of service at a regional council were found to be service at a “library of recognized standing.” But oh, the stress created getting there! So, let’s consider the member’s questions with an eye to getting ahead of the issue.
Whenever the qualification of a place of employment is in doubt, ask your civil service department. If told “no,” remain calm and document the precise reason the service is not being accepted. Then, reach out to other resources for assistance.
As the member points out, a LOT of people have a stake in this issue! Aside from applicants, it can affect library systems and councils that want to ensure they remain attractive employers. It also can’t hurt to get a lawyer involved.[3]
In short, this is not a battle for an applicant to fight alone, and it shouldn’t be a “battle”—just a reasoned conversation between interested parties. By isolating the issue, staying calm, reaching out, and assembling persuasive authority, the right conclusion should be reached.
If a person does all that, and the service still isn’t found to count… well, that may be where the lawyer steps up.
The important thing is to act before the search closes. The further the agency gets into the process, the harder it can be to walk back from an original position and undo any damage.[4]
So: stay engaged, remain calm, and assemble your allies. Civil Service is human, too.
Thank you for an important question.
[1] You’d think I’d start with that, being a lawyer and all. But “everyone else is doing it” is often a powerful legal position.
[2] Provided with consent, of course.
[3] They are welcome to use the language in this answer as a starting point, provided the law has not changed.
[4] “Damage” as in qualifying applicants not being considered. Ouch.
Tag:
Civil Service, Public Libraries, Ask HR, Employment, 3Rs Councils, Library Counsel, Library Systems
