LAMS Policy Program2008

I Hate to Write Policies!A Workshop for People who must… : 

I Hate to Write Policies!A Workshop for People who must… NYLA Library Administration & Management Section November 5, 2008 Presented by: James Riley, Attorney at Law; O’Connell and Riley Jerry Nichols, Director, Palmer Institute for Public Library Organization & Management; Long Island University

Course Objectives : 

Course Objectives A basic understanding of the purpose and legal foundation of policies and the policymaking function; A realistic approach to policy maintenance and development; An understanding of the balance between the institutional mission and the realities of public administration

Introduction : 

Introduction Why we hate to make policies… What do you want out of this workshop? Policy Inventories Case Studies

Policy Fundamentals : 

Policy Fundamentals Policies are the rules of the Library. Policies should be developed thoughtfully and revised regularly. Policies provide you and the library with legal protection. Policies are useless unless you and your patrons know them.

Policy Fundamentals, continued : 

Policy Fundamentals, continued Policies as an expression of the Library’s mission Policies as a management tool The conduct of Board business Consistent administrative practice Policies vs. Procedures vs. Practice

Overview of Essential Policies : 

Overview of Essential Policies Board Policies Operational Policies Internal External Collection Management Facilities and Emergencies Personnel Policies

Legal Basis of Library Policies : 

Legal Basis of Library Policies Federal Law New York State Law Commissioner’s Regulations The Library as a “Limited” or “Designated” Public Forum

Policy Development : 

Policy Development The Institutional Mission/Vision/ Values Focusing on Customer Service Complying with the law Embracing a strategic process

Getting Organized : 

Getting Organized The Inventory Organizing by function The Table of Contents Approval/ Revision dates

A Template for Policy Evolution : 

A Template for Policy Evolution What do you want to accomplish? What problems are you facing? Why do you need a policy? Roles: Board Administration Staff Legal Counsel

Template, continued : 

Template, continued Inventory process Prioritization Updating procedures Policy creation process Evaluation and Review Write/Revise/Approve

Policies vs. Priorities vs. Practice : 

Policies vs. Priorities vs. Practice Who runs your library? Staff resistance to change The “mission” thing Integrating the pieces Internal communication Staff training Board awareness

The Basic Tests : 

The Basic Tests Does it conform to the law? Is it reasonable? Is it nondiscriminatory in its application? Can it be measured objectively?

Issues : 

Issues Inter related policies Controversial policies Cloudy Legal issues Complexity Training

Policy Review : 

Policy Review Board Policies By Laws Elections Attendance Removal from Office Meeting protocols Public Participation at Meetings Open Meetings Law Nepotism Ethics and Conflicts of Interest

Trustee Ethics : 

Trustee Ethics Conflicts of Interest General Municipal Law; Sec. 800 “no officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee…” Inclusion of family members “Free” services prohibited Application to Association Libraries http://www.ala.org/ala/alta/links/ethicsstatement.pdf

Policy Review, continued : 

Policy Review, continued Operational Policies Library hours and days open Lending rules Patron behavior Internet access Use of Library Facilities Tutoring Web Site Content & Disclaimers Exhibits & Bulletin Boards

Policy Review, continued : 

Policy Review, continued Administrative Policies Investment Policy Nepotism Policy Records Retention Confidentiality of Library Records Access to Records (FOIL) Procurement Gifts & Donations

Policy Review, continued : 

Policy Review, continued Collection(s) Management Selection Intellectual Freedom Challenges to library materials

Policy Review, continued : 

Policy Review, continued Facilities and Emergencies Crisis management Inclement weather Right to Know Workplace Violence Prevention

Policy Review, continued : 

Policy Review, continued Personnel Policies Staff Manuals Union Contracts Sexual Harassment Equal Access & ADA Dress Codes

Policy Review, continued : 

Policy Review, continued Miscellaneous Policies: Megan’s Law Solicitation & Petitions Access by the Media Library Trips

Current Policy Issues : 

Current Policy Issues Confidentiality of Library Records Response to Law Enforcement Inquiries ALA Privacy Toolkit: www.ala.org/ala/aboutala/offices/oif/iftoolkits/toolkitsprivacy/privacy.cfm Use of Library Facilities Unattended Children Patron Behavior Tutors Internet Access: Public & Staff Dress Codes

Policy Resources : 

Policy Resources Sample Policies http://midhudson.org/department/member_information/library_policies.htm http://winslo.state.oh.us/publib/policies.html http://www.mrsc.org/subjects/infoserv/publiclib/libpolicy.aspx?r=1 http://webjunction.org/523/articles/content/434469 http://dpi.wi.gov/pld/policies.html http://www.owlsweb.info/l4l/policies/sample.asp http://www.nypl.org/pr/pubuse.cfm http://www.brooklynpubliclibrary.org/legal/behavior.jsp http://www.spl.org/default.asp?pageID=about_policies_conduct

Information Resources : 

Information Resources NYS Trustee handbook – general responsibilities: http://www.nysl.nysed.gov/libdev/pltrust/handbook/index.html NYSALB – NY State Association of Library Boards: http://www.nysalb.org/ Commissioner’s Decisions www.counsel.nysed.gov/Decisions/ Comptroller’s Opinions www.osc.state.ny.us/legal/index.htm NYS Attorney General’s Opinions www.oag.state.ny.us/lawyers/opinions/opinion.html Division of Library Development www.nysl.nysed.gov/libdev/libs/index.html NYS Committee on Open Government http://www.dos.state.ny.us/coog/coogwww.html PUBLIC LIBRARIES: A NEW FORUM FOR EXTREMISTS http://www.adl.org/Civil_Rights/LibrariesExtremism.pdf

I Hate to Write Policies!A Workshop for People who must… : 

I Hate to Write Policies!A Workshop for People who must… NYLA Library Administration & Management Section November 5, 2008 Presented by: James Riley, Attorney at Law; O’Connell and Riley Jerry Nichols, Director, Palmer Institute for Public Library Organization & Management; Long Island University