TABLE OF CONTENTS
TABLE OF CONTENTS 1
BORROWERS 4
LOAN POLICIES 4
I. Loan Periods 4
II. Renewals 4
III. Collections and Fees (Amended 3/08) 4
IV. Lost Materials 5
V. Damaged Materials 5
VI. Withdrawn Items 5
VII. Theft of Library Materials 5
MEETING ROOM POLICY AND AGREEMENT 6
I. General 6
II. Procedures Governing the Use of Library Meeting Rooms and Exhibit Space 6
GUIDELINES FOR A BULLETIN BOARD AND PAMPHLET DISPLAY 8
PERSONNEL POLICIES 9
I. Appointments 9
A. Recruitment 9
B. Probation 9
II. Hours of Work and Overtime 9
III. Holidays 9
IV. Vacations (revised 12/18/08) 9
V. Sick Leave 10
VI. Time Off With Pay 11
VII. Time Off Without Pay 11
VIII. Time Off for Work Related Injuries 12
IX. Miscellaneous (adopted 11/27/07) 12
A. Continuing Education 12
B. Retirement 12
C. Written Notice of Resignation 12
D. Children of Employees at the Work Site 12
E. Temporary Employees 13
X. Schedules (adopted 11/27/07) 13
XI. ACPL Acceptable Use of Employee Time (adopted 6/24/9, revised 7/2007) 13
XII. Employee Records (adopted 11/27/07) 13
XIII. OTHER BENEFITS (adopted 11/27/07) 14
XIV. DEFINITIONS: (adopted 11/27/07) 15
XV. Discipline and Grievance Policy (adopted 7/27/04) 15
A. Discipline Procedures 15
B. Grievance & Appeal Procedures 19
XIX. HARASSMENT POLICY (APPROVED 11/23/04) 23
INTERLIBRARY LOAN (ILL) POLICY 26
COLLECTION DEVELOPMENT POLICY 26
I. GENERAL 26
II. SELECTION CRITERIA 26
III. Withdrawing 27
IV. Gift Policy 27
V. Complaints 27
VI. Gifts and Loans of Original Art 28
COPYRIGHT POLICY (APPROVED 11/05) 28
PATRON PRIVACY 29
COPY MACHINE POLICY 29
ACPL INTERNET POLICY 30
I. General 30
II. Internet Use by Children 30
III. Confidentiality 30
IV. Misuse 30
V. Staff Assistance 30
VI. Conclusion 30
LIBRARY BEHAVIOR POLICY 31
I. GENERAL 31
II. PETITION 31
III. SMOKING 31
IV. SOLICITATION 31
V. UNATTENDED CHILDREN 31
INVESTMENT POLICY 32
PARTNERSHIP/SPONSORSHIP POLICY 33
I. PURPOSE 33
II. SCOPE 33
III. DEFINITIONS 33
IV. PROVISIONS 33
ADA GRIEVANCE PROCEDURES 34
RISK MANAGEMENT GUIDELINES 35
CONTRACTORS 35
INSURANCE CLAIMS GUIDELINES 36
I. Property Losses 36
II. General Liability Losses Including Garage Keepers Insurance 36
III. Automobile Losses (Liability and Physical Damage) 36
IV. Driver Selection 37
V. Maintenance of County Driving Records 38
INVENTORY 40
PROPERTY POLICIES 41
CODE OF ETHICS 42
BOARD OF DIRECTORS 43
BYLAWS 43
Article I: Name, Authority, Board Membership 43
Article II: Meetings 43
Article III: Officers and Duties 43
Article IV: County Librarian 44
Article V: Albany County Public Library Foundation, Inc. 44
Article VI: Adoption or Amendment of Bylaws 44
Article VII: Order of Business for a Regular Meeting 44
Article VIII: Parliamentary Authority 44
APPENDIX A LIBRARY CODE OF CONDUCT 45
APPENDIX B LIBRARY BILL OF RIGHTS 46
APPENDIX C THE FREEDOM TO READ 47
APPENDIX D ALA FREEDOM TO VIEW 50
APPENDIX E REQUEST FOR RECONSIDERATION OF LIBRARY MATERIAL 51
APPENDIX F - CREDIT LINE 52
APPENDIX G GIFT AGREEMENT 53
APPENDIX H EXTENDED LOAN AGREEMENT 54
APPENDIX I CONDITIONS GOVERNING LOANS OF ORIGINAL ART TO THE ALBANY COUNTY PUBLIC LIBRARY 55
APPENDIX J ACCEPTABLE USE OF EMPLOYEE TIME GUIDANCE 56
BORROWERS
(revised 6/07, 5/09)
Within the library building, the use of the collection is free. The home use privileges are free to all residents of Albany County, to all who work, go to school two months of the year, pay property taxes, or use the county urban area as a shopping base, and to duly chartered or incorporated community service, fraternal and nonprofit organizations, government agencies, and businesses having offices in Albany County. Albany County Public Library participates in the Wyoming Libraries Database (WYLD) Network Card program with these users having the same rights and privileges as Albany County borrowers (http://www-wsl.state.wy.us/wyld/network/documents/WYLDcard.html).
Any minor with a custodial parent or guardian who qualifies for a resident library card shall be granted his or her own card when the application card is signed by the parent or guardian.
The library does not stand in the place of the parent with the juvenile borrower.
Persons staying in Albany County for less than two months are eligible for a non resident borrower’s card for a non refundable fee equal to the per capita tax support the library receives.
Patrons completing bankruptcy will have their fees waived. The fees of their children will also be waived. They will be eligible for new cards.
LOAN POLICIES
(amended 2/01, 9/02; revised 6/07)
I. Loan Periods
All library materials shall circulate to registered borrowers for a period of three weeks, with the exceptions listed below:
Audio visual equipment (projectors and screens) 24 hours
Interlibrary Loans (to other libraries) 28 days
Non-circulating materials (reference, Wyoming Room, current serials) with department or county librarian permission 48 hours
Outreach user 60 days
Items will be held for users for ten days.
II. Renewals
Materials with holds are not renewable; otherwise, items may be renewed twice. Interlibrary loans (from other libraries) may be renewed once.
III. Collections and Fees (Amended 3/08)
A. The board sets all fees.
B. Persons owing the library $5.00 or more shall be blocked and not able to check out anything until the fees are less than $5.
C. Two days before the item is due, the library will send a courtesy reminder by email. The first overdue notice will be mailed three days after the item is due; a second notice will be mailed the fourteenth day. The patron’s information may be turned over to the collection agency after the twenty-first day when the fee totals $25 or more; in that case a $5 processing and a $10 collection agency fee will be added.
Notices for items checked out for twenty-four or forty-eight hours will be mailed immediately. Only one notice will be sent. Records will be turned over to a collection agency under the same guidelines as above after one week. Replacement fees for all AV equipment will also include shipping costs.
D. The county librarian may consider legal action in accordance with Wyoming Statutes Annotated 2005 edition §18 7 105 (c) which states: "...Whenever library materials are lost, destroyed or taken from the library and not returned the library board may institute proceedings in any court of competent jurisdiction to recover the materials or the value thereof."
IV. Lost Materials
The bill for replacing lost materials will reflect the replacement cost and a fee for ordering, cataloging and processing.
If a patron finds a lost item within six months after paying for it, processing and material replacement fees will be refunded. No fees are refunded if the item has been replaced. Collection agency fees are not refunded.
V. Damaged Materials
Patrons are responsible for all materials checked out on their cards and will be charged for repair or replacements costs for damaged items. Staff will inspect all items when they are returned. Damaged materials remain the property of the library.
VI. Withdrawn Items
Library materials withdrawn from the collection shall be sold, if possible, by the Friends of the Library.
VII. Theft of Library Materials
Individuals attempting to leave the building with unchecked out materials in their possession or found with unchecked out library materials in their possession or on their property are subject to criminal prosecution.
MEETING ROOM POLICY AND AGREEMENT
(adopted 3/91; amended 6/93, 8/94, 10/96, 11/00, 2/01, 11/02, 6/04, 10/08, 11/08)
I. General
As a public institution dedicated to the free expression of and open access to ideas from all points of view, meeting rooms and exhibit space in the Albany County Library are available on equal terms for the lawful activities of all groups, regardless of their beliefs or affiliations. Permission to use the library facilities does not constitute an endorsement by the library staff, the board, or the county of the group or its beliefs.
II. Procedures Governing the Use of Library Meeting Rooms and Exhibit Space
A. Any club, organization, business, group, or governmental agency providing services or operating in Albany County may reserve space for a meeting, program, or exhibit. All meetings must be open to the public unless personnel related. The room is not available to individuals or for private parties of any kind.
B. Bookings will be on a first-come, first-served basis with elections and library-sponsored
meetings having first priority.
Groups may request standing weekly, biweekly or monthly reservations in writing if they agree to:
• use the room at least eight times a year.
• pay for the use of the room if they do not cancel the meeting twenty-four hours in advance.
• alternate use between groups for six months at a time if another group wishes to use the rooms for standing reservations at the same time.
Groups may request the use of a room for a series of meetings extending over four weeks or less in a single reservation.
C. Meeting room reservations shall be made in two-hour blocks of time with thirty minutes each for set up and breakdown. Both nonprofit and for-profits shall pay a fee to use the meeting room. The fee shall be paid twenty-four hours in advance or the reservation is forfeited. The fee shall be waived for units of federal, state, county, or city government. The fee will also be waived for organizations making substantial gifts (over $500) in cash, goods, or services to the library within the year of the gift.
D. Nonprofit organizations may hold fundraisers or charge for supplies or for admission to their programs. For-profits may not.
E. For-profit organizations may not hold commercial meetings in the rooms, i.e. sales meetings, product demonstrations, order taking, etc.
F. Programs and meetings may not disrupt normal library operations. Persons attending the meeting are subject to all library rules and regulations. Children must be supervised.
G. Individuals may use audio-visual equipment in a room if a meeting is not scheduled.
H. The users shall furnish all supplies, such as coffee, napkins, paper cups, plates, chalk, paper, masking tape, scotch tape, etc.
I. Groups which do not restore the room to its previous condition after use will pay a fee equal to the amount they were charged to use the room. Groups using the room for free will be charged the non-profit group fee.
Restoring the room means that conference tables are folded and stacked on the table cart; chairs are stacked properly on chair carts; podium, coat cupboards, and piano are in their original positions; the lights in the meeting room, halls, and bathrooms are off, doors to the AV closet and to the outside are closed and latched; the floors are vacuumed.
If a group has to pay for clean up more than once in twelve months, it can no longer use the room.
J. A single key that opens the outside front door, the foyer door, and the meeting rooms is available for groups wishing access to the meeting room when the library is closed. Groups are responsible for picking up the key while the library is open, locking the doors, and leaving it [the key] in a secure place when they leave.
K. If the meeting extends after library hours, the group is responsible for switching off all lights, including the restrooms, and for making sure the building is empty and all doors closed and locked securely. Any group using the library is responsible for any damage to the library as a result of the club's not securing the building upon exiting.
L. Alcoholic beverages and smoking are not permitted.
M. The library is not responsible for any accidents, injury, or loss of property which may occur in connection with use of the meeting room.
N. Written requests are required for meeting room or exhibit space reservations made more than 90 days in advance.
O. If the library closes due to an emergency, all reservations are canceled. The library will make reasonable efforts to inform groups of the closing.
P. Organizations shall forfeit their right to use the room if they abuse these policies.
Q. No food shall be offered for sale in the meeting room or on library grounds.
R. The room shall not be used for strenuous physical activity.
S. Users shall sign this agreement:
I understand that the library is not responsible for any accidents, injury, or loss of property which may occur in connection with use of the meeting room. I also understand that the library does not provide any liability protection for users of the meeting rooms and that users are responsible for damages to others.
T. As long as the library is closed on Mondays, the room is not available to rent that day.
GUIDELINES FOR A BULLETIN BOARD AND PAMPHLET DISPLAY
While library bulletin boards are a service to the public, staff members must date and initial items before they are posted. They remain posted until the date of the event or one month has passed. The library accepts posters or brochures from any organization or person engaged in legal activities. Materials should not be larger than 18x24 inches. Pamphlets may also be displayed on racks for four months; they will be date stamped when put out.
The library reserves the right to pull older material if the display on a pamphlet rack or bulletin board overlaps. Priority is always given to agendas for public meetings in Albany County and flyers for library programs (adopted 7/98).
PERSONNEL POLICIES
(Amended 5/18/95, 6/15/95, 5/24/02), 4/27/04, 7/27/04, 10/24/07, 11/27/07, 12/18/08, 01/27/09)
I. Appointments
A. Recruitment
1. When a nonexempt position is to be filled, the county librarian or supervisor will advertise it to all current staff and volunteers. The position may be advertised as needed.
2. The ACPL provides equal employment to all qualified applicants and employees. We adhere to a policy of making employment decisions without regard to race, color, religion, sex, sexual orientation, national origin, citizenship, age or disability.
3. When an exempt position is to be filled, it will be advertised to eligible staff and volunteers. Announcement of the position may also be sent to regional and national professional journals. Every effort should be made to interview several candidates before a choice is made.
4. The board of directors has responsibility for hiring the county librarian. A hiring committee recommends a candidate for other positions to the supervisor. The county librarian has final approval
B. Probation
All staff members are on probation for a period of six months after their hire, rehire, transfer, or promotion. During that period, these employees may be released without notice or cause by the county librarian or return to their previous position and pay rate, if available.
II. Hours of Work and Overtime
A. A full time workweek is defined as 40 hours.
B. Staff members are entitled to a break depending on hours worked. Supervisors are responsible for approving the timing and length of breaks.
C. Employees may work more than the scheduled number of hours per week in special circumstances with supervisor and county librarian approval as long as the total hours worked per pay period does not exceed the budgeted line.
D. Employees will be paid for time worked. Supervisors are responsible for monitoring their employees’ time overages and taking appropriate measures to curtail any abuses.
III. Holidays
A. The library shall be closed on the following days, with paid time off to the staff scheduled to work:
New Year's Day M.L. King, Jr./Wyoming Equality Day Presidents' Day Easter
Memorial Day Independence Day Labor Day Thanksgiving
Christmas Eve Christmas Day New Year's Eve
IV. Vacations (revised 12/18/08)
A. Hours Earned
Staff shall earn vacation as follows:
Years worked Days accrued per year Limit to time banked
0 – 2 years 10 days per year 12 days
2.1 – 5 years 15 days per year 17 days
5.1 years and over 20 days per year 22 days
10.1 years and over 25 days per year 27 days
A day is defined as follows:
Hours Worked per Week Hours per Day
5-10 2
11-15 3
16-20 4
21-25 5
26-30 6
31-35 7
36-40 8
B. Restrictions
Employees may take only vacation accrued to date.
Vacations shall be taken at times which are not in conflict with the operational requirements of the library. All employee requests for vacation shall be approved by the employee's supervisor.
Vacation is a part of the compensation for the job as much as salary.
IMPLEMENTATION:
1. People have six months to use vacation over the limit if they decrease the number of hours they work.
2. People have six months to use vacation voluntarily, after the new accrual rates and limits are in effect.
V. Sick Leave (revised 12/18/08, 01/27/09, amended 10/27/09)
A. Hours Earned
Sick leave shall accrue at the rate of one day a month, using a day as defined above.
B. Restrictions
Sick leave stops accruing when the equivalent of thirty (30) days is reached. Employees may take only sick leave accrued to date.
C. Supervisors may request a written physician’s statement from employees who take sick leave over five (5) consecutive work days.
D. Sick leave may be used for personal illness, illness in the immediate family, bereavement and pregnancy. Sick leave may be used for medical, dental, and optical examinations or treatment for employee and immediate family with supervisor approval.
E. Employees are not paid for accrued sick leave when terminated. Employees returning to work within twelve months of resigning will regain the sick leave earned during their earlier employment.
F. Employees may take only the sick leave accrued to date.
FMLA POLICY
G. Family and Medical Leave Act (FMLA): The Albany County Public Library Board of Directors recognizes that it is a covered employer as defined by FMLA. Therefore, the library will post a notice of FMLA rights in a place where it may be read by employees. However, the library’s status as a covered employer does not mean that any of its employees are “eligible” employees as defined by the FMLA. For the provisions of the Act to apply to an employee, the library must employ 50 or more employees within 75 miles of the employee’s worksite. Further, an employee must have worked 1250 hours in the twelve months prior to any FMLA leave. Other criteria are required by the FMLA before the leave requested by the employee is governed by the provisions of the FMLA. Employees should familiarize themselves with all requirements.
The Albany County Public Library Board of Directors has voted, as a matter of policy, to extend the same benefits provided under the FMLA to all employees, regardless of whether they are “eligible employees” pursuant to the FMLA. Employees will be afforded 12 weeks of leave during a 12-month period. The 12-month period is measured forward from the date any employee’s first qualifying leave under this policy begins. This policy does not have the force of law, and its adoption does not provide employees with the right to seek judicial enforcement unless those employees are “eligible employees” under the FMLA.
To be eligible for the benefits of the policy, employees must have worked for the library for at least 12 months. The number of hours worked a week is not pertinent to their eligibility under this policy. Accrued sick leave must be used before granting leave without pay for medical reasons. Unpaid leave will be counted toward the 12 weeks of family and medical leave afforded by this policy. The county librarian must determine if all requested leave qualifies as leave under this policy, regardless of whether such a determination is requested by the employee or not. Otherwise, the leave afforded by this policy must meet the same requirements as leave afforded pursuant to the FMLA.
If an employee is determined to be eligible pursuant to the FMLA, then any leave requested by that employee would be governed by the provisions of FMLA qualifying leave as measured forward from the date any employee’s first FMLA begins.
EMERGENCY SICK LEAVE POLICY AMENDMENT
If there is world-wide pandemic and the County Librarian deems that staff members need to be encouraged to stay home if sick, the following emergency sick leave policy goes into effect:
• Staff who can work from home will be encouraged to do so.
• The requirement that staff absent for five days or more must have a note from their doctor to return to work is waived.
• Employees may use sick leave in advance of its accrual if they have exhausted all sick leave accrued.
• Advanced sick leave accruals will be deducted from the employee’s sick leave accrual balance as it is taken and will be reimbursed as it is earned once the emergency is over.
• Employees will be required to pay back the equivalent dollar amount for any advanced sick leave accrual balance outstanding upon separation from employment and will sign an agreement so stating.
These policies remain in effect:
• Sick leave can be used for the illness of members of the immediate family.
• FMLA guidelines will apply to eligible employees.
The emergency sick leave policy will cease to be in effect when adequate staffing levels have been maintained for one week or more.
VI. Time Off With Pay (revised 12/18/08)
A. The following times will be granted as time off with pay: voting and voter registration and receiving a flu shot. Serving on a jury can be paid time if the jury pay is turned over to the library. Attending a funeral may be allowed if the supervisor approves as long as the time is not in conflict with the operational requirements of the library and the privilege is not abused.
B. Exempt employees shall use sick or vacation time or, as an alternative, adjust their schedules to make up for the time missed during an absence of one day or less with supervisor approval. Absences of more than a day shall be taken as paid leave.
VII. Time Off Without Pay (revised 12/18/08, 01/27/09)
A. Leaves without Pay: Employees who wish to have unpaid time off that does not qualify as family medical leave shall make arrangements with their supervisors. The supervisor or county librarian may deny or approve the unpaid leave request. If more than one work day is involved, employees shall request that time from the supervisor with at least three days notice. Leave without pay can not be made up. Leave without pay is within a single pay period.
Employee shall use leave without pay if they have no vacation or sick leave remaining. Unapproved absences shall be considered leave without pay.
B. Leaves of Absence: After one (1) year of employment, a leave of absence may be granted by the county librarian or, in the case of the county librarian, by the board of directors. The employee shall ask for the leave at least one month in advance. Vacation time shall be used first. Leaves of absence extend beyond one pay period. If a leave of absence is granted, the position may be temporarily filled.
C. Compassionate Leave: If an employee has no vacation or sick leave, compassionate unpaid leave for a death in the immediate family will be granted up to three days if the employee requests it.
VIII. Time Off for Work Related Injuries (revised 12/18/08)
Subject to the approval of the county librarian and to a limit of 30 work days, work time lost as a result of job related injuries will not be deducted from employees' accumulated sick leave or vacation if the employee is not covered under Wyoming Workman’s Compensation. During such period of absence resulting from job related injuries, employees shall draw their normal salary.
Should such absence exceed five working days for the employee, the county librarian shall require a physician's written certification of the employee’s inability to perform normal duties. This shall be recertified, in writing, by a physician for each subsequent five (5) working days missed.
IX. Miscellaneous (adopted 11/27/07)
A. Continuing Education
The library recognizes the need and value of continuing education for its employees. Although financial constraints limit the library's ability to pay for fees and travel, paid time will be given for such purposes, when approved by the county librarian beforehand. For formal ALA accredited library education, a leave of absence up to one year may be granted upon prior arrangement with the county librarian.
B. Retirement
1. Effective July 1, 1986, participation in the Wyoming Retirement System is mandatory for all employees of Albany County Public Library, except temporary ones. Employees retire under the provisions of the Wyoming Retirement System. A current copy of the system's manual shall be distributed to and available to all employees. Current information may be found at http://retirement.state.wy.us/
2. Retiring employees should follow the guidelines in C. Written Notice of Resignation.
C. Written Notice of Resignation
Non-exempt employees shall submit a letter of resignation at least two weeks before leaving. Exempt employees shall submit a letter of resignation at least one month before leaving. Failure to submit adequate notice will become part of the employee’s personnel file.
D. Children of Employees at the Work Site
Children of employees are subject to the “Library Behavior Policy” and the “Safe Child Guidelines” already in place. While employees are on the job, their children are not to be in the immediate working area, except under unusual circumstances, with supervisor approval.
E. Temporary Employees
Employees working only on a temporary basis do not earn holiday, sick or vacation leave. They are not eligible to participate in the Wyoming Retirement System. Temporary employees who become probationary and then non-probationary employees begin accruing leave and are enrolled in the Wyoming Retirement System at the time they become probationary.
X. Schedules (adopted 11/27/07)
Schedules for each department shall be made by the supervisor of that department. Once a schedule has been established, it must be adhered to unless changes are approved by the supervisor.
XI. ACPL Acceptable Use of Employee Time (adopted 6/24/9, revised 7/2007)
During scheduled working hours, employees are expected to use their time for undertaking work-related tasks. Employees should refrain from using library resources and time for personal business. Brief use of library resources and time on personal business is acceptable if such use does not interfere with the employee's duties and the ability of the library to perform the functions necessary to carry out its mission. Such personal business should be conducted away from public areas of the library. Violations of this policy are subject to appropriate disciplinary action under the library's discipline policy. (See Guidance below for more information.)
XII. Employee Records (adopted 11/27/07)
There are four types of employee records: personnel records, medical records, harassment/discrimination complaints, and payroll/financial records.
1. Personnel records: Personnel records may include resumes and other documents relating to the employee’s recruitment and appointment, job descriptions, performance evaluations, records of attendance at job related workshops or courses, letters of commendation, written grievances, or exit interviews. These records are strictly confidential, and access shall be limited to the county librarian, Administrative Services Manager, designee for county librarian or supervisor if warranted, and the individual employee. The responsibility for safeguarding them belongs to the Administrative Services Manager. Personnel files shall be kept in a secure place.
A. Each personnel file shall have attached to it a log sheet which will serve as a table of contents and a record of documents included and removed, including dates and initials.
B. Nothing may be placed in or removed from a personnel folder without the acknowledgment, indicated by initials and date on the log sheet, of both the employee and the Administrative Services Manager or county librarian. In case of an immediate termination, by death, firing, or employee walking off the job, both the Administrative Services Manager or county librarian and the immediate supervisor of said employee will initial the cause for termination. If the county librarian and immediate supervisor are the same person, the “supervisor in charge” or Administrative Services Manager shall be a witness.
C. Acknowledging the inclusion or removal of a document by initialing the log sheet does not indicate agreement with the contents of the document.
D. Employees shall have the right to place in their folders written rebuttals or explanations of documents in the folders.
E. Employees shall have all reasonable access to their folders, but in any case an employee should not have to wait more than three (3) working days after a request to view his/her folder.
F. If the absence of the county librarian and Administrative Services Manager prevents immediate access to an employee’s folder and the lack of access prevents the meeting of a deadline involved in the settling of a grievance, the deadline will be extended by agreement of both parties.
G. The process of orienting a new employee will include logging in any documents relevant to his/her employment.
H. Once the employee checklist or termination form has been documented and signed properly and the employee has left the library, his/her personnel records will be handled according to state retention schedules.
I. An exit interview shall be conducted by the last day of the employee’s employment. The exit interview will include the employee, County Librarian or Administrative Services Officer and, at the discretion of the employee, the immediate supervisor. With the agreement of the department head, a library board member may attend the department head’s exit interview with the county librarian. For terminated employees, a note stating “no exit interview conducted” can be placed in the employee’s personnel file.
J. All forms will be placed in the personnel file. A copy of the exit interview may be given to the employee and, if the employee requests, to the supervisor.
2. Discrimination/harassment: Records relating to an employee's complaints of sexual harassment or other discrimination prohibited by law or library policy shall be kept in a separate file accessible only to the county librarian, Administrative Services Manager except in the narrow circumstances set forth below. Access to this separate file shall be permitted to persons other than the county librarian or Administrative Services Officer as necessary to investigate and/or prosecute harassment and/or discrimination complaints, or as otherwise necessary to promote the interests of the employee or the library.
3. Medical: Records revealing personal medical or disability information, other than sick leave records, shall be kept in a separate file accessible only to the county librarian or Administrative Services Manager except in the narrow circumstances set forth below. Disability and medical information may be revealed to others than the county librarian as is necessary to accommodate or to consider an accommodation of a disabled employee or an employee who claims to be disabled as defined by law.
4. Payroll/financial records: Payroll/financial records include such items as W-4's, health insurance and deferred compensation enrollments, state retirement records, time sheets, and salary histories. The maintenance of these records is the responsibility of the bookkeeper. )
XIII. OTHER BENEFITS (adopted 11/27/07)
Employees working fewer than twenty (20) hours per week may inquire about the availability of benefits, premiums to be paid entirely by the employee.
1. Dental Insurance: Dental insurance may be available to county employees who work a minimum of twenty (20) hours a week and their families. Eligibility shall be determined by the carrier. The entire premium is the responsibility of the employee and requires monthly deductions from the employee’s paycheck.
2. Medical Insurance: The library through Albany County provides group medical insurance to full or part time employees who are eligible and request it. Eligibility shall be determined by the carrier. The library pays the full premium for employees working thirty hours a week or more and half the premium for employees working from twenty to 29.999 hours a week. Employees pay the other half. Family coverage is available to eligible employees for an additional premium, paid by the employees. Retirees, that is people drawing benefits from the Wyoming Retirement System, may remain on the policy at their own expense.
Employees on leave without pay must bear the full cost of any and all premiums beginning when the next premium is due. The library will continue to pay the covered portion of employees’ health insurance while they are on FMLA. Employees continue to be responsible for their portion.
3. Vision Insurance: Vision insurance may be available to county employees who work a minimum of twenty (20) hours a week and their families. Eligibility shall be determined by the carrier. The entire premium is the responsibility of the employee, and requires monthly deductions from the employee’s paycheck. Eligibility shall be determined by the carrier.
4. Wyoming Deferred Compensation: All employees may participate in the Wyoming Deferred Compensation program at their own expense. Special permission is required for temporary employees.
5. Term Life Insurance: Term life insurance may be available to all employees at their own expense. Eligibility shall be determined by the carrier.
XIV. DEFINITIONS: (adopted 11/27/07)
A. Department head: An exempt employee in charge of a library division, such as public services. May be also called a supervisor, though not all supervisors are department heads. (amended 12/18/08)
B. Eligible: An employee or volunteer meeting the guidelines of the external service provider or a vacant position.
C. Exempt employee: A person in an administrative, executive, or professional position as defined by the Fair Labor Standards Act.
D. Former: Any employee who has retired, resigned, or been terminated from library employment
E. Full-time: A person who works 40 hours a week
F. Immediate family: spouse, parents, parents-in-law, children, step-children, step-parents; other relationships will be considered on an individual basis (adopted 12/18/08).
G. Nonexempt employee: An employee protected by the Fair Labor Standards Act. Receives an hourly wage and is subject to wage and hours laws, i.e . over-time pay, for working over forty (40) hours a week.
H. Non-probationary: An employee who has completed probation in the current position.
I. Part-time: An employee working less than forty hours a week.
J. Probationary: An employee who has been in the current position for less than six months. This employee may be terminated or returned to past position and pay without cause.
K. Prospective: A candidate for employment.
L. Supervisor: A person who manages or is an assistant manager of a library division or staff.
M. Temporary: An employee working on an as needed basis or being paid by funds provided by grants. Not eligible for holiday, retirement, sick or vacation benefits unless the grant funds these benefits.
XV. Discipline and Grievance Policy (adopted 7/27/04)
A. Discipline Procedures
Policy: It is the policy of the Albany County Public Library (hereinafter “Library”) to provide and adhere to a progressive corrective discipline procedure for all employees. The Library recognizes the rights of all employees (permanent, full time and part time) to challenge disciplinary actions and provides for a grievance procedure.
Purpose: This policy establishes procedures for a progressive corrective disciplinary procedure for all Library employees who are not on probationary status. PROBATIONARY WORKERS ARE AT-WILL EMPLOYEES WHO HAVE NO EXPECTATION OF CONTINUED EMPLOYMENT AND MAY BE TERMINATED, AT ANY TIME DURING THEIR PROBATIONARY PERIOD WITH OR WITHOUT NOTICE AND WITH OR WITHOUT CAUSE. All employees, whether probationary or non-probationary, are protected against illegal discrimination and harassment. Employees shall report all incidences of illegal discrimination and/or harassment to the library administration. In all cases of disciplinary action, the procedures outlined herein shall be followed.
General: Disciplinary actions shall only be instituted for cause. Employees may work without fear of negative action or dismissal for reasons of political, religious, racial, sexual orientation, or personal incompatibility, or for other unjust reasons. In considering whether to issue disciplinary action, supervisors or the director shall consider any evidence of the type commonly relied upon by reasonably prudent people in the conduct of their serious affairs. Hearsay alone, that is, second-hand information, about Library employees will not be considered sufficient cause for instituting a disciplinary action, unless it is the type of evidence required above and is otherwise probative, trustworthy and credible.
Cause Defined: All employees are responsible for carrying out their responsibilities honestly, completely, and in good faith. Cause is defined as unsatisfactory job performance, insubordination, misconduct, and other just and good cause, including but not limited to those actions, omissions or behaviors of employees which are detrimental to the operations of the Library or which impair Library missions, purposes, and objectives. Disciplinary action may be applied for cause, including but not limited to the following:
1. Violation of Library rules and regulations.
2. Failure to comply with employee's job description.
3. Falsification of employment applications.
4. Incapacity to perform essential work duties.
5. Unsatisfactory work performance.
6. Work-related offenses that include, but are not limited to dishonesty, theft, absenteeism, intentional damage to Library property, unauthorized use of Library property, sexual harassment, assault, carrying weapons on Library property, insubordination, and the possession or use of alcohol or illegal narcotics while on Library business, on Library premises, or in a Library vehicle.
Disciplinary Procedures: Employee discipline includes the following progressive steps of discipline, which shall be applied according to the procedures set forth below. The procedures applied in disciplinary actions will be reasonable, timely, related in severity to the seriousness of the offense, and designed to correct the behavior or problem. All infractions will be investigated by the proposing authority before disciplinary action is taken to protect the employee’s rights.
Some offenses are of such a serious nature as to require immediate termination, in which case the progressive disciplinary process will not be followed. Others are sufficiently serious that certain steps in the disciplinary procedure may, in appropriate circumstances, be bypassed. Further, in the case of chronic offenders, steps in this disciplinary process may be, in appropriate circumstances, bypassed or repeated.
The progressive steps of discipline are:
1. Oral warning/counseling.
2. Written warning.
3. Plan of improvement (Disciplinary Probation).
4. Suspension.
5. Termination of employment.
1. ORAL WARNING/COUNSELING: All supervisory personnel shall inform, listen to, and counsel with employees on all relevant matters and make their best effort to contribute to informal resolution of any dispute. The supervisor shall meet with the employee to discuss problems leading to the oral warning/counseling. A written summary of the discussion (signed and dated by both parties) of any such meetings shall be placed in the disciplined employee's personnel file. The signature of the employee shall acknowledge that the disciplinary action was discussed with the employee and that a copy of the summary of the discussion was provided to the employee. It shall not indicate that the employee agrees with the disciplinary action or the reasons for the disciplinary action. An employee may submit a response, which shall be placed in the employee’s personnel file if so requested by the employee.
If there are no additional disciplinary actions for the same or other violations against the employee, the written summary and any response from the employee shall be removed from the file one year from the date of the meeting. An oral warning will not be used against an individual in decisions affecting promotion or termination after twelve (12) months from the effective date of the warning, providing there has been no intervening disciplinary action during the twelve (12) months.
2. WRITTEN WARNING: The supervisor initiating the disciplinary action shall issue the warning. The written warning shall specifically address the conduct or behavior committed by the employee justifying the disciplinary action. Within ten (10) calendar days of the occurrence if a specific event has led to the disciplinary action or as soon as reasonably possible when job performance or other good cause is alleged to justify the disciplinary action, the supervisor, after consultation with the director, shall inform the employee in writing of the written warning imposed and the reason or reasons. This notification shall be given to the employee personally by the supervisor in a confidential meeting or sent to the employee by certified mail if a meeting is not possible. Any documents relating to the written warning shall be placed in the employee's personnel file. An employee may submit a response, which shall be placed in the employee’s personnel file if so requested by the employee. A written warning will not be used against an individual in decisions affecting promotion, or termination after twelve (12) months from the effective date of the warning, providing there has been no intervening disciplinary action during the twelve (12) months.
A written warning and any response from the employee will be canceled and removed from the employee’s personnel file after the twelve (12) month period, providing there has been no intervening disciplinary action during the twelve (12) months. Three written reprimands, for the same or for different offenses, within a twelve (12) month period may constitute grounds for dismissal, at the discretion of management, regardless of any lower level disciplinary action in effect at the time of the third written warning.
3. PLAN OF IMPROVEMENT (Disciplinary probation): A plan of improvement may be issued at the discretion of management to provide an employee with an opportunity to correct behavior or deficiencies in performance. A plan of improvement cannot be instituted without a previous verbal and written warning for the same offense. A plan of improvement must be in writing and must include the beginning and ending dates, the reasons for its institution, the correction to be achieved, the method of judging if the goal has been reached and the consequences if the conditions of the plan are not met. A period of duration for a plan of improvement must not exceed three months. However, consecutive plans of improvement may be issued in appropriate cases. The plan of improvement must be signed and dated by the employee, involved supervisor, and the Library director. The employee’s signature shall signify that the employee has received a copy of the plan of improvement and that the plan has been discussed with the employee. If the employee refuses to sign, then the supervisor shall so note and indicate that a copy of the plan has been provided to and discussed with the employee. The notice shall be personally delivered to the employee in a confidential meeting or delivered by certified mail to the employee’s address of record if a meeting is not possible. The library director will place a duplicate of the notice and proof of delivery to the employee in the disciplined employee's personnel file.
The supervisor will file a concluding report at the end of the time stated in the plan, reporting on the successful or unsuccessful completion of the plan. An employee may submit a response, which shall be placed in the employee’s personnel file if so requested by the employee. If the results are successful, the report will be kept in the employee's personnel file for one year from the date of the successful completion and then removed. If the results are unsuccessful, the report will be kept in the employee’s personnel file. Failure to successfully complete the plan may result in suspension or termination.
4. SUSPENSION: The director may impose disciplinary suspensions for cause and without pay for up to 20 working days per year. The director shall provide the employee with written notification specifying the reason or reasons for the suspension, the effective date and duration, as well as the corrective action necessary to avoid further discipline. The suspension may be followed by a Plan of Improvement. A copy of the notice of suspension shall be placed in the employee’s personnel file. An employee may submit a response, which shall be placed in the employee’s personnel file if so requested by the employee.
5. DISMISSAL OF EMPLOYMENT: The director and supervisor will give careful and thorough consideration before dismissing an employee from employment. When it is necessary to dismiss an employee, such action will be taken immediately, or as soon as possible, following discovery of the last alleged infraction or event that led to the termination. The director and the employee’s supervisor prior to initiating such action will discuss recommendations for the termination of employment. The director must approve a supervisor’s recommendation for termination. The director shall issue a notice of recommended dismissal stating the reasons for the recommendation in sufficient detail to provide fair notice to the employee of the issues involved. The Library will pay the terminated employee for any unused vacation earned and the regular, compensatory and holiday hours unpaid up to the time of termination.
A non-probationary employee contesting a recommendation of dismissal by the director shall proceed directly to step three of the grievance and appeals process. The dismissal of a non-probationary employee shall not become final until either the expiration of the fourteen (14) calendar day period in which the employee must appeal the dismissal and no appeal is taken, or in the event the employee files such appeal, until a final decision is made to dismiss the employee by the board of trustees.
The employee may, at the discretion of management, be placed on administrative leave with pay following the issuance of the notice of recommended dismissal by the director until either the expiration of the fourteen (14) calendar day period in which the employee must appeal the dismissal, or in the event the employee files such appeal, until a final decision is made to dismiss the employee by the board of trustees.
Appeals of Disciplinary action: An employee may contest disciplinary actions through the grievance procedure. Termination of employees on probation is not subject to a grievance or appeal, nor is the termination of any employee with limited temporary appointment, nor is the termination of an employee due to a layoff.
Layoff: Layoff is the removal from a position due to termination of the position because of reorganization, lack of work, or lack of funding. Whether a reorganization is appropriate or whether the interests of the Library require a layoff for lack of work or funding shall be determined entirely at the discretion of the Board. The employee who is laid off shall be given accrued annual leave. In addition, the Library has the option of providing employees to be laid off either 30 days’ notice of the impending layoff or 30 days’ (one month) salary as severance pay.
Resignation: At any time during the disciplinary process, up to termination, the employee may offer to resign. The employee’s official reason for termination shall be recorded as a voluntary resignation.
Employee Response: When a disciplinary procedure is instituted, the employee has a right to respond. An employee has the right to respond in writing within ten (10) calendar days from receipt of any notice of disciplinary action, other than dismissal. (In the case of a recommended dismissal, the employee may file an appeal pursuant to the grievance policy.)
Notice of End of Discipline: Written notice will be given to the employee within ten (10) calendar days upon successful completion of disciplinary action, and/or the removal of the disciplinary record from the employee personnel file relating to an oral warning, written reprimand or plan of improvement.
Custody of Records: The record of the disciplinary proceedings shall be confidential, and only the director, supervisor(s), and the employee shall have access to the record. At the successful conclusion of any corrective disciplinary action, all records of the proceedings shall be destroyed or personally delivered to the involved employee.
Confidentiality: All procedures and records related to disciplinary actions will be held in strict confidence. The library director, supervisor(s), and staff will investigate and discuss a disciplinary action only with those individuals who have a need to know or who are needed to supply necessary information.
B. Grievance & Appeal Procedures
Policy: It is the policy of the Albany County Public Library to resolve employee grievances and appeals in a fair and timely manner on a non-adversarial basis. All employees shall have the right to present a grievance or appeal, pursuant to the provisions of this policy, without coercion, restraint, discrimination or reprisal. All employees of the Library submitting a grievance must follow the steps outlined in this procedure. PROBATIONARY EMPLOYEES WHO MAY BE TERMINATED WITH OR WITHOUT CAUSE MAY SUBMIT GRIEVANCES, BUT MAY NOT APPEAL THEIR TERMINATION OR OTHER DISCIPLINARY ACTION TAKEN AGAINST THEM.
Purpose: The Library encourages open communication and recognizes the right of all employees to express differences of opinion and to seek fair and timely resolutions of employment disputes. This regulation establishes the exclusive internal process to provide Library employees a prompt and efficient review and resolution of disputes.
Non-probationary employees may submit a grievance complaint contesting:
1. A dismissal, suspension or any disciplinary action other than a plan of improvement.
2. Unfairness, unlawful discrimination, impropriety.
3. Violation or misinterpretation of the library rules or policies. Non-probationary employees contesting a dismissal shall proceed directly to step three in the grievance process.
Examples of actions which may be causes of grievances appropriate under this policy include, but are not limited to, the following:
1. Application of Library policies, practices, rules, regulations, and procedures.
2. Treatment considered to be unfair by an employee, such as coercion, reprisal, harassment, or intimidation by a co-worker, supervisor, or the director.
3. Alleged discrimination because of race, color, sex, sexual orientation, age, religion, national origin, marital status, or disability. Employees are to report all incidents of illegal discrimination and/or harassment.
4. Improper or unfair administration of employee benefits or conditions of employment. For instance, employees may grieve perceived unfairness in the implementation of library policies regarding vacations, fringe benefits, promotions, retirement, holidays, performance review, salary, seniority rights, job duties or classification, disciplinary actions, transfers, working conditions, and supervisory actions.
Informal Grievance Procedure: Employees are expected to first attempt to resolve any differences with each other, supervisors or with the implementation or interpretation of procedures or policy on an informal basis. The Grievance Procedure is to be used only after the complaint has been discussed through regular channels of communication and still has not been satisfactorily resolved. The Grievance Procedure is designed to deal with serious problems and should not be undertaken lightly.
Employees 1) will not be forced to initiate a grievance complaint if they do not wish to do so, 2) will not be penalized for proper use of the grievance procedure, and 3) may withdraw a grievance complaint at any time.
Time Limits May Be Extended by Agreement (Mutual resolution): Any time limits in this procedure may be extended by mutual consent, and the grievance may be concluded by mutual decision at any step of the procedure.
Effect on Library Policy: Any decision reached through the grievance procedure does not change or alter Library policy. Only the Board of Trustees can change Library policy.
Formal Grievance Procedure: In order to assure the orderly conduct of business and the handling of any grievance or dispute, the following procedures shall apply:
1. Step One -- Supervisor: Within fourteen (14) calendar days of the occurrence, dispute or disciplinary action that is a basis of the grievance, the employee may submit a written complaint detailing the circumstances giving rise to the complaint and the remedy sought to the employee’s immediate supervisor, thereby initiating the formal grievance process. Fourteen (14) calendar days are given for the filing of the formal grievance in order to provide the employee with the opportunity to attempt to informally resolve the dispute. If no answer is received within seven (7) calendar days or if the answer is unsatisfactory, the Grievant may proceed to the next step. If the complaint is with the Grievant's immediate supervisor, he/she may skip to Step Two. If the Director is the immediate supervisor and the Complaint is against the Director, the Grievant may skip to Step Three.
2. Step Two -- Director: If the Grievant feels that the decision at the first level was not satisfactory, or the immediate supervisor fails to respond within the applicable time limit, the Grievant may submit the complaint, in writing, to the Director. Appeals to the Director must be made within seven (7) calendar days of the answer at Step One, or the expiration of the Step One time limit, whichever is sooner. The Director will review the case, requesting additional information if necessary, and render a written decision. The director may respond to the grievance on the basis of the written documents supplied or, in his/her discretion, may meet with the employee and such other individuals as the director deems appropriate in an effort to resolve the grievance. If no response is received within seven (7) calendar days or if the answer is unsatisfactory, the Grievant may proceed to the next step.
3. Step Three -- Review By Board Or Appointed Reviewer(s): If the Grievant finds the Director's decision unsatisfactory, no response is received within the Step Two time limit, or if the employee is contesting a dismissal from employment, the grievant may seek a review of the matter by submitting in writing to the chair of the board of trustees a request for review of the director’s decision, setting forth the specific reasons or grounds for the review and the remedy sought. The remedy shall not include disciplinary action against other employees or supervisors.
The request for review must be submitted within seven (7) calendar days of the answer at Step Two or the expiration of the time limit in step two, whichever is sooner, or within fourteen (14) calendar days from the receipt of a notice of dismissal. The board of trustees upon receipt of a request for review may schedule a proceeding to hear the matter themselves or may, at their discretion, appoint a panel of the board or an independent third party or parties to hear the matter and make a recommended decision to the board. The board shall inform the employee of its decision as to which person or persons have been appointed to conduct the review within seven days of receipt of the request for review. In the event a quorum of the board cannot be convened within the seven-day time frame, as soon thereafter as a quorum of the board can be convened, the person or persons selected to hear the review shall be appointed and the employee immediately notified. At the same time that the board notifies the employee of the person or persons to hear the review, the board shall also notify the employee of the time schedule within which the review will be conducted and a recommended decision rendered.
If the board decides to have a third party to hear the review, the employee and the library director shall have seven days upon which to mutually agree upon the person who shall serve as the third party. If the employee and director cannot agree within seven days, then the board shall select the third party. The review proceeding shall be conducted within 30 calendar days of the date of the request for review, unless an extension of the time limit is agreed to by the employee and the reviewer or reviewers. A review will be conducted in a manner that will afford the employee and management the opportunity to present their positions. The reviewer or reviewers will have discretion to structure the review with such procedures as deemed appropriate and will promptly notify the employee of such procedures. A record of the review proceeding shall be kept.
If a panel of the board or a third party or parties is appointed to hear the review, the recommended decision rendered will set forth the proposed action recommended and the reasons therefore. The board may, at its option, accept or reject a recommended decision. In the event the board rejects a recommendation, the board shall set forth the reasons why the board has chosen to reject the recommended decision. A recommended decision shall be issued within fourteen (14) calendar days [excluding holidays and weekends] of the conclusion of the review proceeding. The board shall issue its final decision within seven (7) calendar days of receiving the recommended decision.
If the board hears the review itself, it shall issue a written decision within fourteen (14) calendar days of the conclusion of the review proceeding. The board may direct such action as it deems appropriate.
The review provided above shall be the exclusive and mandatory procedure for challenge of a dismissal, disciplinary action and the resolution of any allegations of unfairness, impropriety or violation of the library rules or policies. Failure to timely request a review or failure to participate in the review process to its completion shall waive any right of the employee to contest a dismissal or other disciplinary action, or to allege a violation of the library rules or policies. The review provided by these rules shall be the exclusive remedy for disputes as to whether cause exists for termination. The results of the review set forth above shall be final and binding and shall not be subject to any form of further appeal or review.
Representation: In all proceedings provided under this Grievance Procedure, an employee who is a party to the proceedings shall have the right to appear personally and may be accompanied by his or her chosen representative.
Leave of Absence: If a recommendation of dismissal is issued and the employee files an appeal under this grievance policy and the employee is not placed on administrative leave with pay, the employee may take leave without pay. During that time, the position will not be permanently filled nor any benefits denied until the grievance has been satisfactorily resolved.
Confidentiality: Information concerning an employee grievance shall be confidential except to the extent necessary for the parties to fully participate in the grievance proceedings.
Time Spent on Grievance: Time spent by employees in grievance discussions with management will be considered hours worked for pay purposes. An employee may spend up to eight (8) hours of work time preparing for any steps in the grievance process.
Material Kept in Personnel File: Copies of all grievance material will be retained in the Grievant's personnel file permanently.
Alternative Dispute Resolution: The parties may at any time in the grievance process mutually agree to engage in any form of alternative dispute resolution (ADR). If alternative dispute resolution fails, then the grievant may resume the grievance process at the point where it was halted in order to engage in ADR. The Board and Grievant shall engage a mediator, agreeable to both parties, equally sharing any expenses incurred.
Effective Date: This Discipline and Grievance Policy will become effective thirty (30) days after adoption by the Albany County Public Library Board of Trustees.
C. Grievance/Appeal Flow Chart
ALBANY COUNTY PUBLIC LIBRARY
GRIEVANCE/APPEAL FLOW CHART
IMORTANT NOTE: This flow chart is intended as a guide for employees and supervisors and the policies of the Albany County Public Library shall govern in the event of a conflict between the flow char and said policies.
General Grievance/Appeal
STEP ONE—Immediate Supervisor
STEP TWO—Library Director
STEP THREE—Library Board
Hearing by Board Hearing by Independent Third Party
XIX. HARASSMENT POLICY (APPROVED 11/23/04)
It is the policy of the Albany County Public Library that the workplace be free from sexual or other types of harassment and/or discrimination based upon a person’s membership in any class protected by law, including gender, race, color, national origin, religion, disability and/or age. Such harassment violates federal civil rights laws and is a form of illegal discrimination. Although sexual orientation has not been recognized in Wyoming as a protected class, harassment because of a person’s perceived or actual sexual orientation is included within this policy.
All members of the Library community must take notice that the Library is concerned about sexual and other unlawful harassment/discrimination and is prepared to take prompt remedial action to prevent and correct such behavior. Individuals who engage in sexual and other unlawful harassment/discrimination, as well as harassment/discrimination based on sexual orientation, will be subject to discipline, up to and including termination. Retaliation against a person who properly, and in good faith, reports, complains about, or participates in the investigation of sexual and other unlawful harassment/discrimination is likewise prohibited.
Discriminatory conduct or harassment of employees or volunteers by supervisors, co-workers, vendors or patrons because of the employees’ or volunteers’ membership in the protected classes cited above or because of their sexual orientation are prohibited by this policy. Undue harassment of a general nature against employees for reasons other than those listed in this policy is not covered by this policy. An employee may report such harassment pursuant to the Library’s Grievance Policy, to the Problem Patron Procedure and/or to local law enforcement.
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
• submission to that conduct is made either explicitly or implicitly a term or condition of an individual's employment or education;
• submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or
• the conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive employment environment.
The conduct must be subjectively offensive to the person against whom it is directed. The conduct also must be objectively offensive in that a reasonable person would find it to be offensive.
Examples of sexual harassment may include, but are not limited to, the following:
• unwelcome sexual propositions;
• sexually graphic comments about a person's body;
• unwelcome touching, patting, pinching, or leering;
• persistent, offensive, and unwelcome sexual jokes and comments;
• unwelcome displays of sexually graphic pictures.
Sexual harassment does not refer to occasional compliments of a socially acceptable nature.
Hostile Work Environment Harassment
A hostile work environment occurs when a person is subjected to verbal or physical conduct which denigrates or shows hostility or aversion toward an individual because of his/her membership in a protected class or because of his/her sexual orientation and the conduct is so severe or pervasive as to affect the terms and conditions of the employee’s job. The conduct has the purpose or effect of unreasonably interfering with the employee’s work performance.
Hostile environment harassment includes, but is not limited to:
• epithets, slurs, and negative stereotyping;
• threatening, intimidating or hostile acts motivated by a person’s membership in a protected class;
• written or graphic material that shows hostility or aversion to members of a protected class;
• materials or information posted or circulated in the workplace which denigrate or show hostility toward members of a protected class;
• any other conduct that creates an intimidating, hostile, or offensive work environment.
Complaints of Sexual or Other Unlawful Harassment/Discrimination
If any employee or volunteer believes that he or she has been subjected to sexual or other types of harassment and/or discrimination prohibited by law or this policy, the employee or volunteer shall report the conduct or incident at once. The report may be oral or written. If the employee is harassed or discriminated against, but does not report the incident or conduct, management will not be able to respond.
The employee or volunteer may report the harassment/discrimination to his/her supervisor or the library director. If the report is oral, the person receiving the report shall make a written summary of the allegations for use in the investigation. The person receiving the report shall attempt to review the summary with the complainant, and obtain the complainant’s signature on the summary if possible.
If the supervisor is the subject of or in any way involved in the complaint, the report may be made to the director. If the director is the subject of or in any way involved in the complaint, then the harassment/discrimination may be reported to the chairperson of the Board of Trustees.
Supervisors who become aware of harassment/discrimination shall report it immediately to the Library Director, or if the Director is involved, to the Chairperson of the Board of Trustees.
If a concern about discriminatory conduct or harassment is reported to Library management by someone other than the subject of the alleged harassment/discrimination, and the subject is unwilling or unable to provide an oral or written statement, then the Library will investigate if sufficient information is furnished to enable the Library to conduct a meaningful and fair investigation. Failure of a complainant or the subject of a harassment/discrimination report, to assist the Library in the investigation will limit the Library’s ability to respond effectively to the conduct that prompted the complaint or report.
Investigation of Complaints
When a complaint of harassment/discrimination is received, the Library will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and the law. The investigation will include a private interview with the person filing the complaint and with witnesses. The investigator(s) will also interview the person alleged to have committed harassment/discrimination prohibited pursuant to this policy. When the investigation is complete, the Library will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of the investigation.
The investigator(s) will be chosen by the Library Director unless the Director is involved in the matter to be investigated, then the Board shall select the investigator(s). As is appropriate under the circumstances, the investigator(s) may be a Library employee or may be a person or organization from outside the Library. The decision on whether the Board or the Director select the investigator(s) shall be made by the Board Chair in consultation with the Director.
If it is determined that inappropriate conduct has occurred, the Library will act promptly to eliminate the offending conduct, and where it is appropriate The Library will also impose disciplinary action in accordance with its Discipline Policy.
Employees or volunteers who are interviewed regarding a complaint of harassment/discrimination shall keep the matter confidential. Employees or volunteers may be disciplined for breaches of confidentiality.
No Retaliation
Employees or volunteers who report harassment/discrimination in good faith will not be disciplined or retaliated against for making the report. Employees or volunteers found to have knowingly and deliberately provided false information may be subjected to discipline.
Employees or volunteers who have witnessed harassment/discrimination will not be disciplined or retaliated against for reporting such conduct or for cooperating in an investigation.
Any employee or volunteer who retaliates against any person who reports alleged harassment/discrimination or who participates in an investigation, proceeding or hearing related to such a report will be disciplined.
Distribution
This policy shall be distributed to all current employees and volunteers of the Library upon its adoption by the Board of Trustees. Thereafter, all new employees and volunteers shall receive a copy promptly upon beginning work at the Library. Each employee or volunteer shall sign a receipt acknowledging that they were provided with a copy of this policy. Employee or volunteers may request additional copies at any time.
INTERLIBRARY LOAN (ILL) POLICY
(revised 11/05)
The Albany County Public Library (ACPL) participates in and abides by national and state interlibrary loan programs that permit the library to borrow materials for its patrons from other libraries. This interlibrary loan service is available to all patrons whose records are clear. All formats may be requested, but some items may be difficult or impossible to obtain. Items less than six months old may not be available. University of Wyoming materials can not be borrowed since Albany County residents may use UW Libraries themselves.
ACPL does not charge for interlibrary loan service; however, the patron is responsible for charges or fines imposed by the lending library whether the item is picked up or not. Every attempt will be made to borrow items from libraries that do not charge fees for loaning materials. In the event a patron does not wish to borrow an item if charges are imposed (such as insurance fees, lending fees, photocopying charges), this must be stipulated when the request is made. Fines for overdue materials and processing costs for lost items will vary with the lending library and are the responsibility of the patron. If the fees are not paid, ACPL will follow its procedure for delinquent patrons.
The library board of directors can limit the number of items requested per individual patron to ensure fair, equitable, and timely service within the constraints of budget and staffing. This limit, twenty-five (25) requests, will be posted in the library and on the web page. If staff determines that a request may violate copyright laws, it will not be fulfilled.
COLLECTION DEVELOPMENT POLICY
Approved 1/23/2007
I. GENERAL
The Albany County Public Library is mandated to furnish materials to all people in its service area, to meet their informational, recreational, educational and inspirational needs. These needs will be met through printed, AV, and electronic resources, including unfiltered internet access.
The Board of Directors of the Albany County Public Library has delegated this responsibility to the County Librarian and library staff.
The library supports and adheres to the "Freedom to Read Statement" (Appendix __) and the "Library Bill of Rights" (Appendix __).
II. SELECTION CRITERIA
A. Since the library does not order approval copies of books published, it relies primarily on reviewing sources for material selection. Selectors scan additional publications for items of local, regional, or subject interest.
B. Materials are selected for literary value, authority, and permanent value to the collection as a whole.
C. As far as is possible, all sides of controversial subjects are presented.
D. Distorted materials are generally not added.
E. Some purely ephemeral materials may be purchased and later withdrawn when their value and interest have disappeared.
F. The library does not purchase highly technical or scholarly works in most fields, although some consideration will be given to local authors. Much of this demand can be supplied by the University of Wyoming and other subject collections in the area.
G. The library will promote Interlibrary Loan services to support the requests for items that are not locally available.
H. Purchase recommendations from users will be considered within the limitations of the budget if they meet the above standards.
III. Withdrawing
The entire collection is periodically examined to keep it up to date and attractive. Materials are studied for their sustained value, and when found dated, no longer useful, available in other materials elsewhere in the community, or in poor condition, they are withdrawn. Withdrawn materials may be discarded, offered to other governmental entities, or sold by the Friends of the Library and the library reimbursed.
IV. Gift Policy
A. The Friends of the Library will accept donated materials. The Friends make items available to the library to add to the collection if suitable. Materials not added to the collection cannot be returned to the donor and may be offered for sale.
B. The library and Friends of the Library cannot appraise or make detailed lists of donated materials. A tax receipt form with general price guidelines, to be completed by the donor, will be provided. If the donor places a value of $250 or more on donated materials, either a book sale committee member or a library supervisor must confirm the gift in person. This includes rare books.
C. The library discourages donations of subject collections. Any collections donated must meet the requirements of the library's Collection Development Policy in order to be added to the collection.
D. The library cannot host private collections for other organizations, clubs or institutions.
E. The library cannot keep track of persons who wish to buy a particular book, should it be withdrawn. Patrons may purchase withdrawn materials at Friends of the Library book sales.
F. Memorials and Gifts of New Materials
Money to purchase memorial materials may be donated to the Albany County Public Library. Unrestricted donations are preferred, but the donor may make a subject or format request. Materials given in memory or honor of an individual will be subject to the library's Gift Policy. The item will be subject to withdrawing guidelines. Endowed gifts will go to the Albany County Public Library Foundation with the interest being paid to the library annually.
V. Complaints
A person with a complaint about an item in the library shall first talk with the County Librarian, person in charge, or person responsible for selecting in the item’s area, if available, about his concern. After this conversation, the individual shall be given copies of the library's Collection Development Policy and the "Request for Reconsideration of Library Material" form (Appendix E).
If the form is filled out completely and returned to the library, the County Librarian shall immediately notify members of the library's Board of Directors that a request for reconsideration has been filed and shall deliver to the directors a copy of the request. The item shall remain on the shelf.
An ad hoc committee, consisting of three to five staff members, shall read the item within three weeks of the date of the written request and shall meet to evaluate the item in terms of its published reviews, the library's Collection Development Policy, including the Freedom to Read Statement, the Library Bill of Rights, and the request for reconsideration. The committee shall include at least the County Librarian or representative; a selector, a staff member responsible for that area of the collection; and a circulation staff member.
This committee shall report, in writing, to the filer and the library board within four weeks of the written request. If dissatisfied with the committee's decision, the filer can appeal in writing within four weeks to the library's Board of Directors by including the original request and adding reasons for appealing the decision. This written response shall immediately be distributed to the board members, along with copies, if possible, of the disputed item.
The board shall read the item within four weeks of the date of the written appeal.
At the next board meeting following the four-week deadline, the board will allow all who wish to speak on the matter to do so, within time limits set by the board. The board expressly retains the right to restrict or limit repetitive or irrelevant comments. People attending the meeting should be given a copy of this policy, including copies of the Library Bill of Rights and the “Freedom to Read” statement.
The board will deliberate on the appeal, considering whether the item meets the standards set forth in the Collection Development Policy, including the Freedom to Read Statement and the Library Bill of Rights. It will announce its decision in writing to all speakers within two weeks.
The decision shall also be posted in the library and/or on its web page.
No one can challenge the item again within two years of the board's decision. The decision of the board is final, and no further administrative appeal can be made.
VI. Gifts and Loans of Original Art
A. An acquisitions committee composed of at least one library board member, the County Librarian or staff representative, and two lay people with an interest and/or background in art will review the items for acceptance.
B. Gifts and loans of original art shall be accepted by the Albany County Library if the donor agrees to the forms and conditions in Appendices G, H &I.
C. The library reserves the right to withdraw or return donations of art, contacting the donor where feasible. If donors cannot be located, items will be offered to the Friends of the Library for public sale.
COPYRIGHT POLICY (APPROVED 11/05)
It is Albany County Public Library’s intent to comply with Title 17 of the United States code, titled “copyrights,” and other federal legislation related to the duplication, retention, and use of copyrighted materials. A notice of copyright restrictions will be prominently placed on the photocopier and any other library equipment, such as cassette recorders and overhead projectors, which are capable of duplicating or reproducing copyrighted materials. Interlibrary loan requests will be accepted subject to copyright restrictions (see also “Interlibrary Loan”). Staff will refuse any request that would violate copyright restrictions.
Section 107 of The Copyright Act of 1976, Limitations on Exclusive rights; fair use, allows for fair use of copyrighted material:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The library is not responsible for patron violation of copyright or for misuse of the photocopier.
Library staff will follow copyright law and licensing agreements in selecting and using materials for public performance. Purchasing performance rights gives the library legal permission to show many materials, but these rights do not extend to patrons using materials outside the library. Original or copyright-free art will be used to produce library publicity items or for creating displays and decorations.
PATRON PRIVACY
Adopted 4/21/87; reviewed and revised March 27, 2007
The ACPL Board of Directors supports intellectual freedom and the right to read without fear of censor or reprisal. The Board of Directors considers library use by any person to be his or her business and no one else's. All library patron transaction and registration records which could serve to identify individual library patrons or reveal their use of the library are, therefore, confidential and not open for public inspection.
Except as otherwise provided by law, no library board member, employee or volunteer shall release information regarding an individual library patron or an individual patron’s use of library materials or services without the consent of the patron or a person legally authorized to provide such consent on behalf of the patron.
Individuals may inspect their own library records. Custodial parents or legal guardians may inspect the library records of their minor children or wards, upon presentation of appropriate documentation proving custodial status.
Any costs incurred by the library in any search through patron records, initiated by compliance with a valid court order, shall be chargeable to the agency demanding the search.
COPY MACHINE POLICY
The Albany County Public Library provides a copy machine for the convenience of its patrons. The Library is not responsible for misuse of the machine by the patron.
ACPL INTERNET POLICY
(4/24/97, revised 10/98, 8/2000)
I. General
The Wyoming State Library provides the Internet line the Albany County Public Library uses. Use of these terminals implicitly acknowledges your acceptance of and agreement to the following Internet access guidelines.
In response to advances in technology and the changing needs of the community, the Albany County Public Library endeavors to develop collections, resources, and services that meet the cultural, informational, recreational, and educational needs of the Albany County community in accordance with the American Library Association’s Library Bill of Rights. It is within this context that the Albany County Public Library offers access to the Internet.
The Albany County Public Library does not monitor and has no control over the information accessed through the Internet and cannot be held responsible for its content. Providing connections to global information, services and networks is not the same as selecting and purchasing material for a library collection. Some information accessed electronically may not meet the library’s collection development policies. It is, therefore, left to each user to determine what is appropriate. The Internet is a global entity with a highly diverse user population and library patrons use it at their own risk. The library does not filter its terminals.
All Internet resources accessible through the library are provided equally to all library patrons. The Albany County Public Library does not censor access to electronic materials or protect patrons from information they may find offensive. There is sexually explicit, racist, sexist, anti-democratic and violent material on the Internet which patrons may personally find controversial, offensive, or inappropriate. Not all sources on the Internet provide accurate, complete or current information. Patrons need to be good information consumers, questioning the validity of the information found.
II. Internet Use by Children
Parents/Guardians concerned with their child’s access to the Internet must accompany their child to the library to ensure their parental standards are met. Library staff assumes no responsibility for children’s use of library computers and the Internet. To be more specific, parents/guardians—and only parents/guardians—may restrict their children—and only their children—from access to Internet resources accessible through the library.
III. Confidentiality
Patrons have the right of confidentiality in all of their activities with all resources and services provided by the library. The library shall ensure that this confidentiality is maintained as set forth in the library’s policy on confidentiality of library records. However, patrons should be advised that because security is technically difficult to achieve, electronic transactions, such as site names or e-mail service providers, etc., could become public.
IV. Misuse
Misuse of the library computers or Internet access may result in loss of computer or library privileges.
V. Staff Assistance
Some library staff members have more expertise using the Internet than others. They will be glad to assist patrons in accessing and using the Internet to the best of their abilities. However, because of library scheduling, Internet-trained staff may not always be available. Reference staff members offer free one-on-one Internet classes when the library is closed.
VI. Conclusion
The Internet is one of a variety of resources at the public library; it is not always the best or fastest. Patrons using many resources will find varied perspectives to help them make their own judgments.
LIBRARY BEHAVIOR POLICY
(amended 12/05)
I. General
The library expects appropriate and courteous behavior from its patrons as outlined in The Library Code of Conduct, Appendix I, which shall be posted prominently in the library and available for the public as a handout.
II. Petition
The right to petition for redress of grievances being part of the democratic process, individuals with petitions may use the library's sidewalks, grounds, reserved meeting rooms, or a table in the lobby to solicit signatures for petitions (adopted 1/27/92, reviewed 12/05).
III. Smoking
Smoking is not allowed anywhere in the library (adopted 5/19/87; amended 11/98, 3/21/02, 12/05).
IV. Solicitation
Soliciting the public is prohibited. Solicitation includes the sale or distribution of materials, merchandise, tickets, insurance, pamphlets, or campaign material. The only exceptions are solicitations by the library, Friends of the Library and the Albany County Public Library Foundation.
V. Unattended Children
Children nine (9) and under must have a caretaker or sibling of at least sixteen (16) years of age in the building with them. Children six (6) and under shall have a caretaker or sibling of at least sixteen (16) remain with them (adopted 7/10/84; amended 3/21/02, 11/19/03; amended 12/05).
INVESTMENT POLICY
(adopted 9/19/96, reviewed 12/05)
The Albany County Public Library, in compliance with W.S. § 9-4-831(h) for a "Statement of Investment Policy," practices the following financial strategies with public funds received for the operation of the county and branch libraries:
1. The library board or its agents will not make any investment on behalf of the library until signing a statement indicating that they have read this policy and agree to abide by applicable state law with respect to the advice given and transactions undertaken on behalf of the library.
2. All members of the Board will review this investment policy annually with the Board revising the Policy as appropriate to conform to state laws and investment decisions.
3. Any change in the investment policy requires a majority vote of the Library Board.
4. This policy is available for public review and comment.
5. Investments shall be limited to:
i. Interest-bearing checking accounts of local banks which are a member of the Federal Deposit Insurance Corporation.
ii. Savings accounts of local banks which are a member of the Federal Deposit Insurance Corporation.
iii. Investments made through the State Treasurer's WYO-STAR program.
iv. United States treasury bills, notes or bonds, including stripped principal or interest obligations of such issuances, or any other obligation or security issued by the United States treasury or any other obligation guaranteed as to principal and interest by the United States per W.S.9-4-831 (a)I;
v. Bonds, notes, debentures, or any other obligations or securities issued by or guaranteed by any federal government agency or instrumentality, including but not limited to the following to the extent that they remain federal government agencies or instrumentalities, federal national mortgage association, federal home loan bank, federal farm credit bank, federal home loan mortgage corporation and government national mortgage association. All federal agency securities shall be direct issuances of federal agencies or instrumentalities per W.S. § 9-4-831(a)ii;
vi. Certificates of deposit of a savings and loan association or a federal savings bank authorized to do business in this state to the extent that they are fully insured by the Federal Deposit Insurance Corporation or secured by a pledge of assets and are otherwise authorized as a depository as prescribed by law per W.S. § 9-4-831(a)ix;
vii. Shares of a money market fund registered under the Securities Act of 1933 and Investment Company Act of 1940 as amended and as qualified under state registration requirements, if any, to sell shares provided that the fund has a remaining maturing of 397 days or less at the time of purchase, invests solely in securities issued by the United States treasury, has a weighted maturity of 90 days or less at all times, does not impose a sales charge, maintains a high rating by a recognized rating organization, has an operating history of not less that five consecutive years, and is purchased from a person licensed to sell securities in Wyoming.
6. To the extent possible, in all investment strategy the Library Board or its agents will maintain appropriate short-term deposits and/or cash in order to meet short-term payroll and accounts payable obligations. (amended 10/98)
PARTNERSHIP/SPONSORSHIP POLICY
(adopted 12/05)
I. PURPOSE
The Albany County Public Library will enter into partnerships or sponsorships to pool resources between partners or sponsors in order to enhance or improve library services, programs, collections and/or facilities.
II. SCOPE
These provisions apply to all Albany County Public Library partnerships and sponsorships with coalitions, institutions, organizations, businesses and/or individuals.
III. DEFINITIONS
A. Partner: A coalition, institution, organization, business or individual that collaborates with the library to provide programs and/or services to the public in ways that are mutually beneficial to and in support of the missions of both the library and the partner and may occur without the exchange of money.
B. Partnership: An institution, organization, business or individual, working together with the library in an effort to accomplish a common goal with a shared sense of purpose and responsibility for the outcome.
C. Sponsor: An institution, organization, business or individual who financially contributes to the library in support of a collection, service or program.
D. Sponsorship: A mutually beneficial exchange, whereby the sponsor receives a benefit of reciprocal value in return for providing cash to the library. Sponsorships do not imply library endorsement of the Sponsor’s product or service.
IV. PROVISIONS
A. Coalitions, Institutions, organizations, businesses or individuals compatible with the policies, vision and goals of the Albany County Public Library are potential partners or sponsors.
B. The Albany County Public Library will only enter into partnerships and sponsorships determined to be in the best interest of the library.
C. Partnerships and sponsorships will be subject to the approval of the County Librarian.
D. The Albany County Public Library, its partners and sponsors, will agree to act in ways that are mutually beneficial as described in a written agreement.
E. While it is important to remain aware of any tax provisions relating to contributions, the library must not represent itself as representing the donor in any transaction and should stipulate that the donor is responsible for his/her own determination of gift valuation or deductibility (adopted 12/05).
ADA GRIEVANCE PROCEDURES
(adopted 5/16/94)
This Grievance Procedure is established to meet the requirements of the Americans with Disability Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policy or the provision of services, activities, programs or benefit by the Albany County Public Library.
The following provisions are to be followed to file a complaint against Albany County Public Library under the Americans with Disabilities Act of 1990:
1. Complaints regarding access or discrimination shall be submitted in writing to Albany County Public Library's ADA Compliance Coordinator. The complaint should contain information about the alleged discrimination such as name, address, phone number of complainant and location, date and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for person with disabilities upon request.
2. The ADA Compliance Coordinator will make a decision regarding the complaint within ten working days of the receipt of the complaint.
3. If the decision is not to the satisfaction of the complainant, the complainant can ask the Albany County Public Library Board of Trustees to consider the issue in an open public meeting. The decision by the library board will be made within 30 days of the public meeting. The decision of the Albany County Public Library Board of Trustees is final.
4. All written complaints received by the ADA Coordinator, appeals to the Albany County Public Library Board of Trustees and their responses will be kept by the Albany County Public Library for a period of three years.
5. The right to prompt and fair consideration of the complaint is not affected by the pursuit of other remedies allowed the complainant under the Americans with Disabilities Act of 1990, nor is use of this grievance procedure a prerequisite to the pursuit of other remedies.
RISK MANAGEMENT GUIDELINES
(adopted 10/18/93)
CONTRACTORS
1. A contractor is a contractor hired on a contract basis by a county department to perform construction or maintenance activities on county owned buildings, equipment, roads or bridges or to provide a service for a department of County Government on a contract basis.
2. All contractors must provide evidence of general liability insurance and workman's compensation. If workmen's compensation is not carried by the contractor due to the nature of his business organization, evidence must be given to the County showing reason for his exception.
3. Evidence of automobile liability insurance must be given if the contractor will be using his/her vehicle for county business.
4. The certificates of insurance will be held by the office of the department head except for departments in the Courthouse. Departments in the Courthouse will have their contractors provide evidence of insurance coverage to the County Clerk's office.
5. Contractors that anticipate performing their activities more than once during a calendar year will need only file a certificate with the county at the beginning of the contractor's policy year. A new certificate must be provided each time the contractor's policy renews as long as the contractor continues to perform a service for the county.
6. The Certificate of Insurance for general liability insurance filed by all contractors must show the following limits of liability:
a. Comprehensive General Liability with a limit of $500,000 Each Occurrence.
or
b. Comprehensive General Liability with $250,000 each person bodily injury liability, $500,000 each occurrence bodily injury liability and $250,000 each occurrence property damage liability.
c. Evidence of products liability and completed operations liability must be shown on the certificate.
d. Additional insurance requirements may be required of the contractor depending on the nature of his/her service. Example of such requirements may be malpractice liability for nursing contractors or professional liability for architectural firms.
7. Certificates for automobile liability must show the following limits of liability:
a. $500,000 each accident automobile liability insurance
or
b. $250,000 each person, $500,000 each accident automobile bodily injury liability and $100,000 each accident automobile property damage liability
8. The certificates for general liability, automobile and workman's compensation insurance must state that the certificate holder (the county) will be notified by the contractor's insurance carrier within 10 days in event the insurance coverage is canceled by the contractor or the insurance company.
9. The certificate holder clause should read:
County of Albany
c/o Department requesting the certificate or the Clerk's office
Address of the Department or Clerk's office
Laramie, WY 82070
INSURANCE CLAIMS GUIDELINES
I. Property Losses
(BUILDING, CONTENTS, BOILER, ELECTRONIC DATA PROCESSING, MOBILE EQUIPMENT, FINE ARTS)
1. These requirements apply to all departments and boards provided with property insurance purchased by the County Commissioners.
2. All losses should be reported to the County Clerk's office to determine if insurance coverage will apply.
3. The report should include the following information:
a. Date, time, location of loss and property damaged.
b. Description of loss - how it occurred.
c. Name, address, phone number and liability insurance carrier if the responsible party is other than a county employee.
d. If the loss is investigated by a law enforcement agency, a copy of the investigating report should be obtained and forwarded to the County Clerk.
e. Estimated replacement cost of property if loss is not a major loss.
4. The County Clerk's Office will then report the loss to the agent representing the insurance carrier. Depending on the severity of the claim, the loss will either be settled within the agent's office or an adjuster will be assigned to investigate and negotiate the settlement of the loss.
5. All County employees should be aware that $500.00 is provided for employee personal property.
II. General Liability Losses Including Garage Keepers Insurance
1. These requirements apply to all departments and boards provided with liability insurance purchased by the County Commissioners.
2. All potential liability losses should immediately be reported to the County Clerk's office. A county employee involved in or witnessing a possible liability incident should show appropriate concern but express no statement related to fault on the part of the county or its employees. Injured parties can be informed that the incident will be investigated by the county's liability carrier. Obtain names, addresses and telephone numbers of injured parties and witnesses.
3. The report should include the following information:
a. Date, time and location of loss.
b. Description of the incident. The name, address and phone number of all parties involved and witnesses.
c. Description of injuries to parties involved and description of property damaged. Also state the location of the damaged property and its owner.
d. If the incident is investigated by a law enforcement agency, a copy of the investigating report should be obtained and forwarded to the County Clerk.
4. The County Clerk's office will then report the loss to the Local Government Insurance Pool (LGISP) or the insurance carrier and to the County Attorney's office. Depending on the severity of the claim, the loss will either be settled within the agent's office or an adjuster will be assigned to investigate and negotiate the settlement of the loss.
III. Automobile Losses (Liability and Physical Damage)
1. These requirements apply to all departments and boards provided with automobile liability and physical damage insurance purchased by the County Commissioners.
2. All automobile losses should immediately be reported to the County Clerk's office. A county employee involved in an automobile accident driving a county vehicle should never accept fault in the accident at the time of the accident and should inform the other parties that the accident will be investigated by the county's liability carrier. Involved parties, if possible, should exchange names of drivers and vehicle owners, addresses, phone numbers, vehicle descriptions including VIN numbers and insurance carriers.
3. The report should include the following information:
a. Date, time and location of loss.
b. Description of incident including name, addresses and phone numbers of all parties involved and witnesses.
c. Description of injuries to parties involved and description of property damaged. State the owner and location of the property damaged. If insurance is carried by the other parties involved, the name of their insurance carrier, policy # and agent.
d. If the incident is investigated by a law enforcement agency, a copy of the investigating report should be obtained and forwarded to the County Clerk.
4. The County Clerk's office will report the loss to the auto liability carrier, the physical damage insurance carrier and to the County Attorney's office, if applicable. Depending on the severity of the claim, the loss will either be settled by the agent's office or an adjuster will be assigned to investigate and negotiate the settlement of the loss.
IV. Driver Selection
DEPARTMENTS WHO HAVE EMPLOYEES WHO DRIVE VEHICLES AS AN ESSENTIAL FUNCTION OF THEIR JOB DESCRIPTION - ROAD AND BRIDGE, SHERIFF'S DEPARTMENT, PUBLIC HEALTH, EXTENSION, ASSESSOR AND LIBRARY
PHILOSOPHY: The job description of many employees of these departments does include the operation of vehicles during the work day. If a new employee is being hired for these departments who will drive either a County owned vehicle or their own vehicle during the work day on a continuous basis, the following guidelines should be included and given consideration during the hiring process.
1. The applicant should be given a job description that includes the operation of a vehicle as an essential job function. They should also be informed that if they are a FINALIST for the position, they will need to provide the hiring department their name as it appears on the driver's license, their birth date and their driver's license number. Inform them of the County's driving record requirements and that their driving record will be checked with the State of Wyoming Licensing Department.
2. Once the finalist's driver's information is obtained, it is to be sent to the County Clerk who will obtain the driving records of these prospective employees.
3. Applications should include previous employment history and should ask if the previous employer can be contacted. Previous employers should be contacted and the information requested should include questions about the safety record of the employee, the treatment of company vehicles and mobile equipment and any known driving incidents or violations while in their employ. Do not ask a previous employer any questions that you have not asked the prospective employee.
4. The Road and Bridge Department must make sure that those employees who will operate vehicles requiring a CDL driver's license hold such a license and that they comply with State and DOT regulations as applicable.
5. Items 1-4 should be given important consideration when making the final decision on whom to hire. A prospective employee should not be hired if they do not meet the following driver requirements:
a) No major violations in the past five years (DUI, Reckless Driving, Leaving the Scene of an Accident, homicide with a vehicle, etc.)
b) No more than three minor violations in the past three years, (speeding, stop sign, passing etc.)
c) No more than two at-fault accidents in past three years.
d) Previous employer indicates the prospective employee has a poor safety record or had mistreated vehicles or mobile equipment they had operated.
6. Once a new employee decision is made, the County Clerk's office must be informed of the decision and the driver placed on the county's permanent driver's list.
DEPARTMENTS WHO HAVE EMPLOYEES WHOSE JOB DESCRIPTION INCLUDES THE INCIDENTAL OPERATION OF A VEHICLE.
PHILOSOPHY: If prospective employees are being considered who will drive County vehicles on a incidental basis, the following information should be obtained prior to hiring and given consideration in making the final hiring decision.
1. The applicant should be given a job description that lists the incidental operation of a vehicle as a duty of the position. The incidental operation of a vehicle should not be listed as an essential job function and ADA guidelines should be followed. The applicants must be informed that if they are a finalist for the position, they will need to provide the hiring department their name as it appears on the driver's license, their birth date and their driver's license number. They must be informed of the County's driving record requirements and that their driving record will be checked with the State of Wyoming Licensing Department.
2. The driver's information is to be sent to the County Clerk who will obtain the driving records of these prospective employees.
3. Item 1 should be given important consideration when making the final decision on whom to hire. A prospective employee should not be hired if they do not meet the following driving requirements:
a) No major violation in the past five years (DUI, Reckless Driving, Leaving the Scene of an Accident, Homicide with a vehicle, etc.)
b) No more than three minor violations in the past three years (speeding, stop sign, passing, etc.).
c) No more than two at-fault accidents in past three years.
V. Maintenance of County Driving Records
ALL COUNTY DEPARTMENTS
1. Each department must inform the County Clerk's office when the driving status of an employee has changed so the County's permanent driver's list can be kept up-dated.
a. If consideration is being given to assign driving duties to an employee who did not previously have this duty, before assigning the duty make sure that the employee meets the Albany County driving requirements. If he/she does not, do not assign driving duties to the employee. If the duties are assigned, inform the County's Clerk's office that the employee should be listed on the County's permanent driver's list.
b. If an employee no longer has driving duties or is no longer employed by the County, inform the County Clerk's office so they can be deleted from the driver's list.
2. Annually review the driver's list from the County Clerk's office to make sure all driver information is correct. Pay special attention to the driver's license number for each employee since they may have changed since the previous year.
3. Inspect the driving records once they are received from the County Clerk to determine if there are drivers with problem driving records or do not meet the County's driving requirements.
a. A driver with a potential problem is one who currently meets County requirements but with an additional driving violation or accident would lose that status. Inform a driver with a potential problem that he is in danger of losing his driving status.
b. If a driver no longer meets County driving record requirements either transfer him to non-driving duties or terminate them. If termination seems to be the only option, contact the Commissioner's office for discussion of the problem prior to terminating the employee.
INVENTORY
COUNTY LIBRARY, ROAD AND BRIDGE, PUBLIC HEALTH NURSE AND FAIRGROUNDS
1. Each of the above departments will maintain separate computer records of their inventories at their office locations. The base year will be 1993.
2. The items should be listed in the following manner:
a. All items must be listed on a replacement cost basis. Replacement cost basis means to value your inventory at what it would cost to replace it new.
b. Each item with a replacement value greater than $250.00 should be listed separately at its replacement cost.
c. Items less than $250.00 can be totaled as one lump sum.
d. All computer hardware and software must be listed separately no matter what its value. The computer hardware should be listed by make, model and serial #.
e. Mobile equipment should be listed by make, model, and serial #.
f. Fine arts items should be listed by type of art, name of the art piece and artist, if known. Art works are to be listed at their appraised value.
3. A copy of the inventory is to be submitted in March to the County Clerk's office so that insurance policies can be updated.
4. Annually in March, each of the above departments is to revise its inventories by checking replacement value and adding or deleting items. A copy is then to be submitted to the County Clerk's office.
5. When new inventory items are purchased by the departments, the Clerk's office must be notified at the time of purchase under the following circumstances:
a. If the item is an additional item and not a replacement item and is valued over $2500.00.
b. If the item is computer hardware or software, it must be reported to the County Clerk's office no matter what the value may be.
c. If the item is mobile equipment, it must be reported to the County Clerk's office regardless of value.
d. If the item is a fine art to be added to the fine arts floater, it must be reported to the Clerk's office regardless of value.
PROPERTY POLICIES
(adopted 5/06)
IINTRODUCTION
The Albany County Property Policies . . . have been developed to assist each office and department in the management of their capital equipment and all County facilities. These policies and `procedures are in accordance with GASB (Governmental Accounting Standards Board) regulations, Wyoming State Examiner’s Office, and local auditor requirements. The policies . . . set forth are subject to revision and change as may be required to maintain compliance with current regulations.
AUTHORITY
In accordance with Wyoming Statutes “Each County shall continue to maintain the uniform system of accounting in accordance with generally accepted accounting principles . . .” (W.S. 16-4-120) and “Each Board of Commissioners may:
(i) Make such orders concerning the property of the county as they deem expedient;
(ii) Represent the county, care for the county property and manage the business and concerns of the county in all cases where no provision is made by law;” (W.S. 18-3-504)
PROPERTY POLICY
Each County Office and Department is responsible for maintaining their respective departmental property inventory for capital equipment and assets of a value under $5,000. The Capital Facilities list will be maintained by the County Treasurer. Items with a purchase price of $5,000 and a useful life of more than a year are required to be listed on the Inventory Data Entry Sheet (Exhibit 1). Furniture and equipment with a purchase price of $4,999 or less and a useful life of more than one year are required to be listed on the Equipment/Furniture Inventory Data Entry Sheet (Exhibit 2). All assets listed on either Data Entry Sheet must be assigned an individual identification tag.
The inventory tags must be physically located on the asset item, unless otherwise noted. If an item cannot appropriately accommodate an identification tag, the tag and property serial number should then be placed in a Property Inventory notebook/file which should be maintained in a secure location in each department. Both Inventory Data Entry Sheets must be reviewed monthly and updated with new acquisitions, transfers and retired items, and given to the Treasurer on a monthly basis. It shall be a function of the Treasurer to periodically examine the County Property Inventory to ensure compliance with the policies. Evidence of non-compliance will be forwarded to the respective department and the Board of Commissioners for further review and action. A lack of compliance undermines the overall property inventory system of the County.
DEFINITIONS
Capital Property/Fixed Property– All capital items with a purchase price of $5,000. These items must be placed on the Inventory Data Entry Sheet (Exhibit 1).
Transferred Capital Property – Any capital item which is on the Capital Property list which goes from one County Department to another County Department. As long as a piece of property remains within the County, it is considered a transferred property and must be transferred on the Inventory Data Entry Sheet to the correct Department.
Retired Capital Property – This includes any capital item which is on the Inventory Data Entry Sheet which leaves the ownership of a County Department. This can be an item which is no longer serviceable, sold, stolen, lost or destroyed.
Donated Capital Property – This includes any capital item which is donated to a County Department from an outside source. This is not be confused with a “transferred capital property”. These items should be assigned an asset tag number and entered on the Inventory Data Entry Sheet.
Office Equipment/Furniture (value of under $5,000) - All computers, printers, desks, chairs, calculators, and copiers should be listed on the Office Equipment/Furniture Data Entry Sheet (Exhibit 2) and should be updated and given to the Treasurer on a monthly basis.
CODE OF ETHICS
Adopted by the Albany County Public Library Board of Trustees on 10/19/95
Reviewed and approved by the Board of Directors on March 27, 2007
AS MEMBERS OF THE AMERICAN LIBRARY ASSOCIATION, we recognize the importance of codifying and making known to the profession and to the general public the ethical principles that guide the work of librarians, other professionals providing information services, library trustees, and library staffs.
Ethical dilemmas occur when values are in conflict. The American Library Association Code of Ethics states the values to which we are committed, and embodies the ethical responsibilities of the profession in this changing information environment.
We significantly influence or control the selection, organization, preservation, and dissemination of information. In a political system grounded in an informed citizenry, we are members of a profession explicitly committed to intellectual freedom and the freedom of access to information. We have a special obligation to ensure the free flow of information and ideas to present and future generations.
The principles of this Code are expressed in broad statements to guide ethical decision making. These statements provide a framework; they cannot and do not dictate conduct to cover particular situations.
I. We provide the highest level of service to all library users through appropriate and usefully organized resources; equitable service policies; equitable access; and accurate, unbiased, and courteous responses to all requests.
II. We uphold the principles of intellectual freedom and resist all efforts to censor library resources.
III. We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired, or transmitted.
IV. We recognize and respect intellectual property rights.
V. We treat co-workers and other colleagues with respect, fairness, and good faith, and advocate conditions of employment that safeguard the rights and welfare of all employees of our institutions.
VI. We do not advance private interests at the expense of library users, colleagues, or our employing institutions.
VII. We distinguish between our personal convictions and professional duties and do not allow our personal beliefs to interfere with fair representation of the aims of our institutions or the provision of access to their information resources.
VIII. We strive for excellence in the profession by maintaining and enhancing our own knowledge and skills, by encouraging the professional development of co-workers, and by fostering the aspirations of potential members of the profession.
Adopted by ALA Council, 6/28/95.
BOARD OF DIRECTORS
ALBANY COUNTY PUBLIC LIBRARY
BYLAWS (revised 10/90; amended 10/03, 12/03, 3/05, 9/05)
Article I: Name, Authority, Board Membership
The name of this organization is the Board of Directors of the Albany County Public Library, Laramie, Wyoming. The board shall have those duties and responsibilities authorized by the Wyoming Statutes Annotated 2005 Edition §18 7 101 et seq.
The Board of Directors is comprised of five directors appointed by the Albany County Commissioners. The term of office is three years. A director may be appointed for two consecutive terms and shall not be eligible for reappointment until two years after the expiration of his/her second term.
The County Commissioners may remove any director for misconduct or neglect of duty. Vacancies on the Board of Directors shall be filled by the County Commissioners for the balance of the unexpired term created by the vacancy.
Directors serve without compensation except that necessary traveling and subsistence expenses incurred may be paid from the public library fund.
Article II: Meetings
The regular meeting of the Board of Directors shall be held at a regularly scheduled date and time each month at the library as determined by resolution at the beginning of each fiscal year. The board will abide by all requirements of Wyoming law regarding open meetings.
A quorum of the board consists of three members.
Special meetings may be held at any time when called by the Chair or at the request of three members.
Article III: Officers and Duties
The officers of the board shall be Chair, Vice Chair, and Secretary-Treasurer. The board may name such other officers as it deems to be needed.
Officers are elected at the regular meeting of the board in July and shall take office immediately to serve until the next election of officers. If all officers leave the board at the same time, the most senior director shall serve as chair until an election can be held.
The Chair shall preside over meetings. With the assistance of the County Librarian, the Chair shall prepare board meeting agendas and shall appoint such special committees as he/she deems necessary for the effective transaction of board business.
The Vice Chair shall perform the functions of the Chair in his/her absence.
The Secretary-Treasurer shall be bonded in such amount as determined appropriate by the County Commissioners. The Secretary-Treasurer shall perform such tasks usual to the office.
The Secretary-Treasurer or designee shall maintain accurate minutes and other records of board meetings or the board shall delegate such taking of records to a responsible Library Staff member, who shall be identified as "Secretary Ex Officio." The Secretary-Ex Officio shall perform other duties usual to the office.
The Board of Directors may function as a committee of the whole without appointment of standing committees.
The board may establish standing committees, which shall make regular reports. Membership on a standing committee shall be for one year by appointment of the chair.
Special committees may be authorized and appointed by the Chair for special, limited purposes and shall serve only until completion of the assignment.
Article IV: County Librarian
The board shall retain a qualified County Librarian who shall administer policies adopted by the board, employ, direct and supervise staff members, prepare required reports, recommend policies and procedures and promote effective library service.
Article V: Albany County Public Library Foundation, Inc.
The library board will elect one member to serve a three year term as the library’s representative to the foundation board of directors. This will be concurrent with the representative’s term on the library board. After serving as a library board representative appointed to the foundation board, an individual may serve as a public member of the foundation board.
Article VI: Adoption or Amendment of Bylaws
Amendments to these bylaws or to any policy documents of the board may be adopted by a majority vote of members of the board present at a regular meeting subsequent to notification of the proposed change.
The board shall review these bylaws annually and amend them when necessary at any regular meeting.
Article VII: Order of Business for a Regular Meeting
The order of business for each regular meeting of the board shall include the following, not necessarily in the order listed:
Call to Order
Public Comment
CONSENT AGENDA
Minutes of the Previous Meeting
Financial Report
DISCUSSION ITEMS
Check Detail
Director's Monthly Report
Staff Liaison Report
Foundation Executive Officer Report
OLD BUSINESS
NEW BUSINESS
Article VIII: Parliamentary Authority
Robert's Rules of Order, latest revision, shall govern the proceedings of the board and of its committees to the extent applicable.
APPENDIX A LIBRARY CODE OF CONDUCT
Adopted by ACPL Board of Trustees, 11/2003, revised 5/2009
The Albany County Public Library System provides free, open and equal access to ideas and information to all members of the community. This code is designed to foster an atmosphere of mutual respect and courtesy and applies to all patrons, volunteers and staff while on library property. Respect for the rights and needs of all library users must be maintained at all times and use of the library’s materials will be supervised so that the broadest number of people can be well served. Patrons must act in a manner that does not interfere or deny others full and equal access to library materials and services
While in the library, please:
• Inform the staff if you need accommodation or if assistance is needed for your use of library services.
• Be responsible for the safety, well-being and conduct of children and others in your care.
• Cooperate with the requests of library staff.
• Explore all the different materials that are available at the library
The following disruptive, unsafe, or disturbing behavior is prohibited in the library:
• Leaving children six (6) and under or other persons in need of supervision unattended.
• Leaving children nine (9) and under with no caretaker in the building.
• Being under the influence of alcohol or a chemical substance.
• Smoking or use of tobacco or tobacco products.
• Fighting with other patrons or staff.
• Pushing, running, shoving, or throwing objects.
• Harassing or threatening others. This includes: pursuing unwanted conversation, impeding access to the building, following another patron with the intent to harass, or other actions which are reasonably perceived as hostile.
• Engaging in sexual misconduct such as exposure, unwanted touching, verbal or other unwanted sexual advances to others.
• Talking loudly or excessively.
• Accessing non-public areas.
• Destroying library materials.
• Tampering with the arrangement of library materials to the extent that it would make finding the materials difficult for other patrons.
• Having offensive bodily hygiene or odor that constitutes a nuisance to others, i.e. an unreasonable or unwarranted obstruction or injury to the common right of all people to use and enjoy the library materials and services.
Consequences of Misconduct:
The County Librarian or designee will apply these rules in a fair and equitable manner for the benefit of all. The consequences of misconduct may be any of the following: verbal warning, denial of access, eviction, loss of library privileges, or prosecution to the full extent of the law.
DUE PROCESS
Patrons who are evicted, denied access or who lose library privileges may meet with the county librarian or her designee in an informal session to protest the eviction or loss of privilege. The patron shall be given notice of the reasons for the disciplinary action and an opportunity to respond, i.e. present his/her side of the story. The decision of the county librarian/designee shall be final and may not be appealed in any forum.
Adopted by ACPL Board of Trustees, 11/03, revised 5/09
310 South 8th Street
Laramie, WY 82072
Rock River Branch, Rock River, WY
Centennial Valley Branch, Centennial, WY
APPENDIX B LIBRARY BILL OF RIGHTS
Approved by the Albany County Public Library Board of Directors 1-23-2007
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.
I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.
Adopted June 18, 1948.
Amended February 2, 1961, and January 23, 1980, inclusion of “age” reaffirmed January 23, 1996, by the ALA Council.
APPENDIX C THE FREEDOM TO READ
Approved by the Albany County Public Library Board of Directors 1-23-2007
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label “controversial” views, to distribute lists of “objectionable” books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to counter threats to safety or national security, as well as to avoid the subversion of politics and the corruption of morals. We, as individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to assert the public interest in the preservation of the freedom to read.
Most attempts at suppression rest on a denial of the fundamental premise of democracy: that the ordinary individual, by exercising critical judgment, will select the good and reject the bad. We trust Americans to recognize propaganda and misinformation, and to make their own decisions about what they read and believe. We do not believe they are prepared to sacrifice their heritage of a free press in order to be “protected” against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression.
These efforts at suppression are related to a larger pattern of pressures being brought against education, the press, art and images, films, broadcast media, and the Internet. The problem is not only one of actual censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy or unwelcome scrutiny by government officials.
Such pressure toward conformity is perhaps natural to a time of accelerated change. And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with controversy and difference.
Now as always in our history, reading is among our greatest freedoms. The freedom to read and write is almost the only means for making generally available ideas or manners of expression that can initially command only a small audience. The written word is the natural medium for the new idea and the untried voice from which come the original contributions to social growth. It is essential to the extended discussion that serious thought requires, and to the accumulation of knowledge and ideas into organized collections.
We believe that free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures toward conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings. The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.
We therefore affirm these propositions:
1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those that are unorthodox, unpopular, or considered dangerous by the majority. Creative thought is by definition new, and what is new is different. The bearer of every new thought is a rebel until that idea is refined and tested. Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept that challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it.
2. Publishers, librarians, and booksellers do not need to endorse every idea or presentation they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what should be published or circulated. Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read and consider a broader range of ideas than those that may be held by any single librarian or publisher or government or church. It is wrong that what one can read should be confined to what another thinks proper.
3. It is contrary to the public interest for publishers or librarians to bar access to writings on the basis of the personal history or political affiliations of the author. No art or literature can flourish if it is to be measured by the political views or private lives of its creators. No society of free people can flourish that draws up lists of writers to whom it will not listen, whatever they may have to say.
4. There is no place in our society for efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression. To some, much of modern expression is shocking. But is not much of life itself shocking? We cut off literature at the source if we prevent writers from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experiences in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. These are affirmative responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters values differ, and values cannot be legislated; nor can machinery be devised that will suit the demands of one group without limiting the freedom of others.
5. It is not in the public interest to force a reader to accept the prejudgment of a label characterizing any expression or its author as subversive or dangerous. The ideal of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for others. It presupposes that individuals must be directed in making up their minds about the ideas they examine. But Americans do not need others to do their thinking for them.
6. It is the responsibility of publishers and librarians, as guardians of the people’s freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large; and by the government whenever it seeks to reduce or deny public access to public information. It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society individuals are free to determine for themselves what they wish to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive. Further, democratic societies are more safe, free, and creative when the free flow of public information is not restricted by governmental prerogative or self-censorship.
7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, they can demonstrate that the answer to a “bad” book is a good one, the answer to a “bad” idea is a good one. The freedom to read is of little consequence when the reader cannot obtain matter fit for that reader’s purpose. What is needed is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channel by which the intellectual inheritance is handed down, and the principal means of its testing and growth. The defense of the freedom to read requires of all publishers and librarians the utmost of their faculties, and deserves of all Americans the fullest of their support. We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of the written word. We do so because we believe that it is possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.
This statement was originally issued in May of 1953 by the Westchester Conference of the American Library Association and the American Book Publishers Council, which in 1970 consolidated with the American Educational Publishers Institute to become the Association of American Publishers.
Adopted June 25, 1953; revised January 28, 1972, January 16, 1991, July 12, 2000, June 30, 2004, by the ALA Council and the AAP Freedom to Read Committee.
A Joint Statement by:
American Library Association
Association of American Publishers
Subsequently endorsed by:
American Booksellers Foundation for Free Expression
The Association of American University Presses, Inc.
The Children’s Book Council
Freedom to Read Foundation
National Association of College Stores
National Coalition Against Censorship
National Council of Teachers of English
The Thomas Jefferson Center for the Protection of Free Expression
APPENDIX D ALA FREEDOM TO VIEW
Adopted by the Albany County Public Library Board of Directors
March 27, 2007
The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read, is protected by the First Amendment to the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression.
Therefore these principles are affirmed:
• To provide the broadest access to film, video, and other audiovisual materials because they are a means for the communication of ideas. Liberty of circulation is essential to insure the constitutional guarantee of freedom of expression.
• To protect the confidentiality of all individuals and institutions using film, video, and other audiovisual materials.
• To provide film, video, and other audiovisual materials which represent a diversity of views and expression. Selection of a work does not constitute or imply agreement with or approval of the content.
• To provide a diversity of viewpoints without the constraint of labeling or prejudging film, video, or other audiovisual materials on the basis of the moral, religious, or political beliefs of the producer or filmmaker or on the basis of controversial content.
• To contest vigorously, by all lawful means, every encroachment upon the public's freedom to view.
This statement was originally drafted by the Freedom to View Committee of the American Film and Video Association (formerly the Educational Film Library Association) and was adopted by the AFVA Board of Directors in February 1979.
This statement was updated and approved by the AFVA Board of Directors in 1989.
Endorsed January 10, 1990, by the ALA Council.
APPENDIX E REQUEST FOR RECONSIDERATION OF LIBRARY MATERIAL
Approved by the Albany County Public Library Board of Directors 1-23-2007
The Albany County Public Library Board of Directors has delegated the responsibility for selection and evaluation of materials to the County Librarian and staff. Completing this form is the second step in the reconsideration process. Please return the completed form to the County Librarian, Albany County Public Library, 310 S. 8th St., Laramie WY 82070.
Name_____________________________________________________Date_______________
Address__________________________________City__________State________Zip ________
Phone______________________________E-mail ____________________________________
Do you represent yourself ____ or an organization:__________________________
Resource on which you are commenting: Title ___________________________________
Author/Producer__________________________________________________________
Format (book, periodical, video, CD, DVD, display, etc.):__________________________
2. What brought this item to your attention?
3. Have you examined the entire item?
4. What do you believe is the theme of this material?
5. If material was picked out to share with a child, what age is the child? ___________________
6. What concerns you about the resource? (Please be specific; give page numbers. Use additional sheets if necessary).
7. Are there other resource(s) you suggest to provide additional information and/or viewpoints on this topic?
____________________________________________________________________________________
Signature of patron Date
Signature of staff member receiving form _____________________________________ Date: ________
You should receive a copy of the Collection Development Policy when you receive this form. The ad hoc committee will respond to your concerns in writing within four weeks from the date on the request. The policy describes additional steps you may take.
APPENDIX F - CREDIT LINE
Approved by the Albany County Public Library Board of Directors 1-23-2007
Please indicate how you would like exhibition labels, catalogues and records to list your name(s) or designated credit:
Gift:_________________________________________________________________
NOTICE
Acceptance of gifts by the Art Committee of the Albany County Public Library is subject to the following conditions:
1. Because of limited wall and exhibition space, the library cannot promise the permanent exhibition of any object.
2. The objects accepted become the permanent property of the Albany County Public Library.
Gifts to the Albany County Public Library may be deductible from gross taxable income in accordance with the provisions of the federal income tax laws.
Evaluation by a competent appraiser for income tax purposes is the responsibility of the donor.
The legal name is the Albany County Public Library.
COPYRIGHT INFORMATION
(Please check appropriate statement)
ITEM ACQUIRED BY DONOR (or Vendor) AFTER JANUARY 1, 1978:
_______1. Donor (or Vendor) did not acquire copyright (it was not specifically assigned).
_______2. Donor (or Seller) retains copyright.
_______3. Donor (or Seller) assigns copyright to the Albany County Public Library:
I hereby assign copyright for the object(s) described in the Gift Agreement to the Albany County
Public Library__________________________________________________
(Signed, Donor or Vendor)
APPENDIX G GIFT AGREEMENT
Approved by the Albany County Public Library Board of Directors 1-23-2007
THE FOLLOWING HAS BEEN DONATED BY ME AS AN ABSOLUTE GIFT TO
THE ALBANY COUNTY PUBLIC LIBRARY
310 South 8th Street
Laramie, Wyoming 82070
IN AGREEMENT WITH THE ATTACHED CONDITIONS
Object________________________________________________________________________
Description____________________________________________________________________
________________________________________________________________
Signature of Donor
________________________________________________________________
Address
________________________________________________________________
Date
________________________________________________________________
Witness
________________________________________________________________
Address
________________________________________________________________
________________________________
Date
Please sign and return at your earliest convenience to the County Librarian, Albany County Public Library, 310 S. 8th St., Laramie WY 82070.
APPENDIX H EXTENDED LOAN AGREEMENT
Approved by the Albany County Public Library Board of Directors January 23, 2007
Name of Lender________________________ Phone No. (____) _______________________
Address _______________________________
_______________________________
_______________________________
I (we) agree to loan the following which is owned by me (us) to the Albany County Public Library:
ARTIST: DATES:
BIRTHPLACE:
TITLE OF WORK:
MEDIUM: DIMENSIONS:
IF WORK IS SIGNED OR DATED,
INDICATE FORM AND LOCATION:
CONDITION:
Period of loan: From________________________To_________________________
_______________________________
Signature of Lender
_______________________________
Date
_______________________________
For the Albany County Public Library
__________________________
Date
APPENDIX I CONDITIONS GOVERNING LOANS OF ORIGINAL ART TO THE ALBANY COUNTY PUBLIC LIBRARY
Approved by the Albany County Public Library Board of Directors 1-23-2007
________1. For the period of the loan, the items may be displayed, stored or otherwise used by the Albany County Public Library at its discretion, subject, however, to its exercising the same care and discretion in such display, use and storage as is customary in dealing with similar items owned by or on loan to the library.
________2. The work shall remain in the possession of the Albany County Public Library. The work will be returned only to the owner or lender at the address stated on the loan form unless the library is notified in writing to the contrary. If the legal ownership of the work shall change during the pendency of this loan, whether by reason of death, sale, insolvency, gift or otherwise, the new owner may, prior to its return, be required to establish his legal right to receive the work by proof satisfactory to the Albany County Public Library.
________3. The library is responsible for insurance coverage during the period of the loan, unless the lender chooses to maintain his own insurance.
________4. The lender agrees that, in the event of loss or damage of the loaned item while on location at the library, recovery shall be limited to such amount, if any, as may be paid by the insurer, hereby releasing the library, the trustees, and employees of the library from liability for any and all claims arising out of such loss or damage.
________5. If the lender chooses to maintain his own insurance, the Albany County Public Library must be supplied with a certificate of insurance naming the library as an additional assured or waiving subrogation against the library. If the lender shall fail to supply the library with such a certificate, this loan agreement shall constitute a release of the library from any liability in connection with the work. The library cannot accept responsibility for any error or deficiency in information furnished to the lender's insurer or for any lapses in coverage.
________6. It is understood that the library will not clean, restore, or otherwise alter the work without the consent of the lender.
________7. The library may photograph or similarly reproduce in any media the items described on this receipt for record, education or publicity purposes.
________8. It is further agreed that the collection will, while on display, be identified as the property of the lender if the lender so desires. If the lender wishes to remain anonymous, please indicate by initialing here.______________
________9. The library's right to return the work shall accrue absolutely at the termination of the loan. If the library, after making all reasonable efforts and through no fault of its own, shall be unable to return the work within sixty days after such termination, then, the library shall have the absolute right to place the work in storage, to charge regular storage fees and the cost of insurance therefore, and to have and enforce a lien for such fees and cost. If after five years, the work shall not have been reclaimed, then, and in consideration for its storage, insurance, and safeguarding during such period, the work shall be deemed an unrestricted gift to the library.
________ Checked sections pertain in this agreement and must be initialed by the County Librarian.
I agree to the terms contained in this document and place a gross appraisal of _____________on the artwork.
_____________________________________ ______________________________________
Signature of the lender Date For the Albany County Public Library Date
APPENDIX J ACCEPTABLE USE OF EMPLOYEE TIME GUIDANCE
Approved by the Albany County Public Library Board of Directors 7-24-2007
The information listed below is not official library policy, but meant as a guideline for employees.
Activities such as reading books, magazines, doing homework, or searching the Internet for personal use are an improper use of library resources and time. Using library resources, including the Internet, to assist a patron is considered to be an acceptable, work-related activity. Exploring websites or databases of use to patrons or relevant to work is encouraged. Discovering the many functions of Google is work-related. Using Google to find websites of purely personal interest is not. During breaks, employees’ time is their own, and they may use library resources with the same rights and responsibilities as any other patron.
While interaction with patrons is encouraged, extended personal conversation with patrons or with co-workers during work time is discouraged. When staff are in public areas during open hours, they should be available to patrons; use of earphones or audible devices makes staff inaccessible and thus is inappropriate. However, staff may wear one ear bud and listen to music while shelving as long as they also wear an “Ask Me” button.