Recently Asked Questions

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

In reviewing our Employee Handbook, our fairly standard Sexual Harassment Policy, and my staff training & orientation on the topic, one trustee raised the question of the library's liability in the case of minors -- specifically, minor employees -- being subjected to viewing pornography in their workplace. The trustee thinks that minors viewing pornography is flat-out illegal, and I don't understand the subject well enough to explain whether it's a civil or criminal liability, or who would be liable in the case of a child glimpsing an adult's perusal of graphic sexual content; or whether we, as employers, should have some kind of parental consent form for minor employees, as we employ Library Pages as young as 14 years old.

Assuming a set of library policies structured as you have previously advised, what, if any, liability does a library have for minors inadvertently viewing adult pornography? And what, if any, modifications to hiring, training, and workplace procedures do you recommend for minor employees?

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.

Can a public library compel staff members to get vaccinations for COVID-19, when they are available? If so, can an employee request an exemption? Do we need waivers of library liability if a staff member chooses not to get vaccinated?

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!