Recently Asked Questions

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

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

In that regard, I can only say that inviting concerned parents to review the library's well-thought-out accession, cataloging, and appeal policies is a pro-active way to ensure parents know that the library takes both its role as an employer of their child, and as a champion of a community's intellectual freedom, seriously. Parents or guardians of minors working in New York will have already had to sign working papers; no waiver or disclaimer should be further required.

My president reads your first sentence (and the word "pro-active") and thinks that your advice is to reach out to parents upon or before the hire of a minor in order explain these policies and allay any concerns. If so, then which? Before, or after?

Whereas, I read your second sentence and think that you're saying that we're not liable -- we already have the parent's permission -- but that parents who then express their "concern" to me about any of the training materials should be given said spiel.

Can you please clarify? Thank you!

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

My questions involve background checks for potential new employees, fingerprinting, developing policies, procedures, and best practices.

Do background checks, fingerprinting, etc., need to be done for all positions? Does it need to be posted in the job advertisement that there will be a background check for the successful candidate or all finalist applicants? Can the background check need to include a financial check and a legal check?

And tangentially, am I correct in my assumption library staff are not considered mandated reporters? Are there guidelines for this as well.

The library is using NYS Archives and Civil Service references to set personnel and payroll files records retention and disposition.

A question arose regarding employee rights to request removal of materials from personnel records.

The committee’s question was specifically about removal of a negative matter after the minimum required retention time had elapsed.

In this instance there was no question about the accuracy of the record nor was there litigation involved or anticipated.

Hi!

What is the order of due process in a local library for employees?
Which laws/policies apply most in advocating employee rights?

• Federal Employee Law
• NYS Civil Service Law
• County Civil Service Law/policy
• NYS Public Library Law
• Individual Library policies and contracts

Please let me know.

Thank you!