Director Briefing - December 18, 2023

Resources Page on OWWL.org

If you look at the Resources page on our website (https://owwl.org/resources/), you'll see Kanopy, Ground News, and Law Depot have been added as resources for library card holders.

All three can be accessed through the Libby App under "Extras."

There will be posts on the OWWL Library System's social media; feel free to share them with your patrons.

OWWL Library System Board Meeting Recap

Here is a rundown of some of the actions taken at last week's System Board Meeting:

• Board Meeting Agenda.
• Alissa Bub and Patrice Sampson-Bouchard took their oath of office to join our board.
• Reviewed the 2023 System Satisfaction Survey Results.
• Approved some 2024 actions (Officers, Committee Assignments, Organizational Actions, COSAG Appointments).
• Approved the 2024 Cooperative Costs and System Funded Resources to Member Libraries document.
• Approved the OSC as an Eligible Trustee Education provider for Member Libraries.
• Approved some minor updates to our Employee Handbook.
• Approved the Executive Director Evaluation (thank you to everyone who contributed).

Library Advocacy Plan for OWWL Library System

After speaking with a few of our legislators for advice on the best way for us to Advocate locally, here is the estimated timeline for Advocacy events for the 2024 Fiscal Year:

• November 17, 2023: Legislative Breakfast - NYLA discussed the 2024 legislative priorities and budget requests.
• January 17, 2024: OWWL Library System will send a letter to all area legislators restating the legislative priorities and how they will impact our System.
• February 7, 2024: Advocacy Day in Albany - Like last year, OWWL Library System will attend with a small group of Directors to discuss and meet with legislators to go over specific instances of how State Aid and Construction Aid impact their library.
  • Everyone is welcome to attend Advocacy Day if they would like.
• July/August/September 2024: OWWL Library System will schedule local visits with legislators for Directors to highlight positive things happening in their libraries. All Directors will be invited to these events.

The State Aid we advocate for primarily goes to funding System resources such as - Delivery, Databases (everything on the Resources page mentioned above), the non-fiction OverDrive collection, OverDrive Magazines, IT support, administrative consultations, Annual Report support, Construction Aid support, Coordinated Outreach projects, and just about everything else the System does.

The Construction Aid we advocate for allocates our System ~$900,000 (currently) to give to member libraries for eligible construction projects.

I will keep everyone posted on communication and activities as we enter Advocacy season.

Legal Resources/Advice

HR Legal Update from Law Offices of Stephanie Cole Adams

Effective November 13th, 2023, all employers in New York State (including quasi-governmental employers such as municipal public libraries, and not-for-profits such as museums) must include a "Record of Employment" form with any notice confirming separation of employment.

This form must also be provided if an employee's regular hours are reduced to below 30 hours a week.

This obligation applies regardless of whether employment was terminated or reduced due to resignation, expiration of an employment contract, mutual agreement, or termination with or without cause.

The "Record of Employment" form to be completed can be found here: https://dol.ny.gov/system/files/documents/2023/11/ia12.3_0.pdf.

The law requiring this form be supplied is New York State Labor Law Section 590 (found here: https://www.nysenate.gov/legislation/laws/LAB/590).

Read the full notice from Stephanie Cole Adams here.

Ask a Lawyer: Setting Limits on Pay Outs of Accrued Vacation Time

Regardless of your library's current policy regarding vacation (especially if you do not have one), this is a really good question to read through.

If we were to change our time off accrual policy to allow staff to bank as much vacation as they like but specify that upon separation they could only be paid out 'x' number of hours, could we be accused of wage theft?

The full answer can be found by visiting the Setting Limits on Pay Outs of Accrued Vacation Time RAQ page.

Meeting Room Legal Guidance

Legal risks related to a policy setting who can rent or use a library meeting room are:

• If the library regulates access at the library's discretion, or does not have clear criteria that is consistently applies, the library can be accused of unfairly allowing or prohibiting access;
• If the library offers access to private groups for restricted events without a fee, the library can be accused of improperly allowing access that creates a benefit to a private person or firm (an "inurement").

There are several ways to limit these concerns, but it requires the library to: a) make a tactical decision about the use of a meeting room (what "type of use" is allowed); b) develop a policy based on that "type"; and c) stick to the policy.

Here are the "type of use" options:

Option 1: Rental only (for a fee based the cost of cleaning and utilities, for instance), to any group or individual that meets pre-set and non-discriminatory criteria. Such meetings do not have to be open to the public.

This is a good option if the library just wants to make the space available and recoup expenses. However, access can't be denied because the library doesn't like the group's politics or mission, and some groups could get priced out.

Option 2: Free and open to any group or individual that meets pre-set and non-discriminatory criteria, such as incorporation as an not-for-profit corporation, a business address within the area of service, and providing proof of insurance.

For example: "Use of the Community Room is free for any 501©(3) entity that has a primary address in the library's area of service."

This is a good option if the library just wants to make the space available for free. However, just like with rental, access can't be denied because the library doesn't like the group's politics or mission, and to avoid concerns, meetings should be open to the public.

Option 3: Use for mission-adjacent programming, meaning meetings happen with endorsement of library, per the library programming policy, and are open to the public. This is a good approach if the library only wants the rooms to be used for meetings, workshops and events put on with cooperating organizations that are basically extra library programming.

Option 4: Room "checked out" by library user like any other resource (not by group), with rules for the space (including rules against commercial use, etc). No viewpoint discrimination allowed, but it can limit activity based on neutral criteria (no meeting larger than 10 people, for instance), and limit use to card-holders and residents of the area of service.

Guidance on how to decide between or blend options

If a library wants a room use policy that allows the Library to limit who uses the room, but still wants to offer rooms for open events it finds consistent with mission, the library can use option "3" (mission-adjacent programming).

If the library wants to provide viewpoint-neutral access to as many as possible, any of the other options can work, it's just a question of what's right for the library and community. In that case, an application process and contract should be used to impose conditions of use.

There is also the option to blend of options "3" and "4". Option "3" helps a library identify community members who are leading events that the library wants to promote by actually making them "library official" (even if led by volunteers), while Option "4" allows the library to provide space to card-holding individuals who want to check it out for their own group on a limited basis (added bonus: the access does not have to be open to all, since it's a library service, not an event).

In no event should library space be used for "political activities" (as defined by the IRS, meaning campaign activity). While arguably rental for fair market value could be allowed, the risk is too great that such use could violation state and federal restrictions. Any policy developed should make this bar clear.

The key is clarity, so the Library can ensure there is no risk the Library could be accused of unfair viewpoint discrimination or allowing prohibited private benefits.

Question of the Week: What Do Member Library Cost-Shares Pay For?

Question: In reviewing the amount our library pays to the OWWL Library System annually, our board is wondering how this benefits our library. Could you let us know what services these funds pay for?

Answer: This is a timely question since the OWWL Library System Board recently approved the 2024 document that outlines these items. In this document, we updated the name of the cost-share to explain better how the funding is used.

Member Libraries pay for three things:

1. Integrated Library System Cost Share ($320,489 Estimated Member Share) - Hosting a System-wide ILS is expensive; these funds pay for Evergreen only. The hosting, support, development, and cataloging. The System also buys into this by subsidizing 25% (in 2023, we were able to subsidize at 46%, but that was only a one-year thing). We used to call this the "OWWL Cost Share," but we're changing the name since this money only supports the ILS.
2. OverDrive Fiction Content – OWWL2go ($139,086 Member Library Commitments) - This money pays for most of the fiction content in OWWL2Go. We purchase it on behalf of member libraries to build our OverDrive collection. The System adds money to this fund when we can. In 2023, we paid $10,000 from the System budget to help build the Children's Collection.
3. PC Security Software - To keep library computers secure, libraries pay a per-computer fee for specific pieces of software. This is inexpensive, totaling less than $2,500/year.

That's everything that libraries fund.

Everything else that the System does is paid for through categorical aid we receive from the State Education Department. This is why advocacy is so important. Even though it does not provide a significant amount of money for local libraries, it funds the critical infrastructure (like Delivery, IT Support, subsidized Internet, and subsidized cost-shares) that libraries need to operate at their current funding levels.

This was a great question, and it helped shape the Cooperative Costs and System Funded Resources to Member Libraries document for 2024.

Update: Policies Required on the Annual Report

The Division of Library Development has updated its list of required policies for registration for association and public libraries across the state. This means these policies will most likely appear on the Annual Report in the spring. Here's the list so library boards can start working through them to make sure they're approved and online before the Annual Report is submitted.

• Open Meeting Policy: All public and association libraries are subject to open meetings law (Education Law, §260-a).
• Confidentiality of Library Records: All public and association libraries are required to keep library records confidential according to Civil Practice Laws and Rules, §4509.
• Conflict of Interest Policy: All public and association libraries are subject to Not-for-Profit Corporation Law, §715-a.
• Whistle Blower Policy: All public and association libraries with twenty or more employees AND an annual revenue in excess of one million dollars in the previous fiscal year are subject to Not-for-Profit Law, §715-b. (Note that this is required only for certain libraries.)
• Disaster Response Policy: A board-approved disaster response policy in the event of a natural or man-made disaster that affects the library facilities, holdings, or staff and library users.
• Collection Development Policy
• Meeting Space Policy (exception: if the library does not have a meeting room)
• Internet Use Policy
• Code of Ethics
• Personnel Policy
• Financial Controls: Purchasing/Procurement Policy and Petty Cash Policy.

Source: https://nyslibrary.libguides.com/publiclibrarystandards/policies

HBR Tip of the Day

Since this time of year is full of annual evaluations and reviews, I thought this was a timely tip from our friends at Harvard Business Review…

*Get Past Your Need for Constant Approval at Work*

It’s natural to seek the approval of your colleagues and employees. But being a great leader is about striking the right balance between trusting yourself and considering what others think. Try these strategies to ensure your decision-making, self-esteem, and overall sense of worth don’t become overly dependent on outside opinions.

Do a gut check. Take occasional pauses from the daily grind to ask yourself: Are my decisions truly reflective of what’s best for the team, or are they serving my desire to be liked? This introspection helps differentiate between internal drivers of behavior (like personal values, ethics, or genuine interest) and external drivers (like the desire for praise, fear of negative judgment, or the need to fit in).

Formulate your own opinions first. It’s easy to be swayed or influenced by colleagues if you’re not fully anchored in your own viewpoint. Avoid reading others’ feedback or consulting them until you’ve arrived at your own thoughts on the matter.

Try the “so what?” test. If you find yourself obsessing over what others will think, challenge your fears head on with the “so what?” test: So what if this decision or opinion isn’t universally popular? So what if it doesn’t meet every expectation? So what if I have to change course later? Most of the time, you’ll find that the worst-case scenarios you’ve dreamed up are exaggerated or unfounded.

This tip is adapted from "Overcoming Your Need for Constant Validation at Work," by Melody Wilding