Director Briefing - February 12, 2024

Annual Report Webinar - February 16 at 10 AM

The Division of Library Development (DLD) will be hosting a 2023 Annual Report Webinar on February 16th at 10 am. Kelly highly recommends you attend, as this webinar will replace the annual workshop that the System hosts.

Please click on the link to register: https://nyslibrary.libcal.com/event/12038531

American Library Association Approves Five New Core Values

The American Library Association Council approved five new Core Values that focus on access, equity, intellectual freedom and privacy, the public good, and sustainability. ALA overwhelmingly approved the new Core Values at its meeting Jan. 21, 2024, at LibLearnX, and they went into effect immediately.

Click here to see the press release posted on February 5, 2024.

The new Core Values include:

Access

Access provides opportunities for everyone in the community to obtain library resources and services with minimal disruption. Library workers create systems that ensure members of their community can freely access the information they need for learning, growth, and empowerment regardless of technology, format, or delivery methods.

Equity

Library workers play a crucial role in fostering equity by actively working to dismantle barriers and create spaces that are accessible, welcoming, and beneficial for all. This is accomplished by recognizing and addressing systemic barriers, biases, and inequalities to create inclusive library environments where everyone can benefit from the library's offerings and services.

Intellectual Freedom and Privacy

Intellectual freedom empowers people to think for themselves and to make informed decisions while respecting each individual’s dignity and independence. Library workers encourage people to cultivate curiosity and form ideas by questioning the world and accessing information from diverse viewpoints and formats without restrictions or censorship. The right to privacy is a crucial safeguard to this freedom, ensuring everyone has the right to develop their thoughts and opinions free of surveillance.

Public Good

Public good is working to improve society and protect the rights to education, literacy, and intellectual freedom. Libraries are an essential public good and are fundamental institutions in democratic societies. Library workers provide the highest service levels to create informed, connected, educated, and empowered communities.

Sustainability

Sustainability means making choices that are good for the environment, make sense economically, and treat everyone equitably. Sustainable choices preserve physical and digital resources and keep services useful now and into the future. By supporting climate resiliency, library workers create thriving communities and care for our common good for a better tomorrow.

Visit https://www.ala.org/advocacy/advocacy/intfreedom/corevalues for more information on ALA and their core values.

Question of the Week: Alcohol in Libraries

Attorney Conversation: Alcohol in Libraries

Library Type: All Types

Question: Are libraries allowed to serve alcohol at library functions, or is there a guide to help them? Typically, the Friends of the Library come in to have a party and serve wine. Some will purchase the umbrella license; others claim the library’s insurance will cover it. There are always a handful of issues around this. Do you have a resource, flowchart, or a hard answer for when this comes up?

Attorney Answer:

There are so many permutations that a flow chart would look like three spiderwebs! I think the only general guidance can be:

Sale of Alcohol at Library Events

From time to time, the Library may want to host an event that sells alcohol. There are a number of ways to legally sell alcohol, and they all involve having the right permit from the State Liquor Authority (the “SLA”). So, whether it’s the library, an associated group (such as the Friends), a caterer, or a vendor (who may already be licensed) arranging the sales, the Library must have a copy of the permit or license so it has verified that the sale is properly authorized.

Information on the different permit types can be found at: https://sla.ny.gov/permits-available-online.

For groups that want to offer alcohol for sale at a fund-raiser, the “One-Day Beer and Wine Permit” (also known as the “Temporary Beer, Wine and Cider Permit”) might be the right fit. This permit can be obtained from the SLA online, but it is good to apply at least a month before the event to ensure the process goes smoothly.”

Serving Free Alcohol at Library Events

From time to time, the Library may want to host an event that offers alcohol, including a tasting event.

Offering free alcohol—even with a system to limit consumption and with careful checking of ages—comes with the risk of liability for over-consumption and any resulting harms.

Because of these risks, the safest way to offer free alcohol is to secure the services of a licensed caterer or vendor through a written contract that assures the Library that the contractor has the right permission and insurance; done properly, this can pass to the contractor the responsibility and risks inherent in serving alcohol.

If a contractor is not used, the Library should have a policy that includes at least two servers checking ID for age, a ticket system to guard against over-consumption, and a plan to train the servers in advance of the event on their responsibilities. In addition, the Library should confirm that its general liability insurance policy does not exclude claims involving alcohol consumption on the premises; if it does, additional insurance for the event should be procured.

Ron's Notes

The library should consider this as a risk management situation and ask, "Are the positive outcomes of serving alcohol at this event worth the potential liability risks that come along with making this decision?" Just because there are legal ways to do this does not mean you must do this, especially if an outside organization (like the Friends) is making the request. If you're in a situation where you would like help in making the argument one way or the other, let me know and I'm happy to help you make that argument.

This Week in OSC Audits

This one is close to home, on January 26, 2024 an audit of the Town of Marion was released titled, "Town of Marion – Misappropriation of Justice Court Cash Collections (2023M-149)."

Their key findings detailed the misappropriation of $59,000. It is good to keep in mind that this is a small amount of money compared to some library budgets.

The Town was criticized for not performing "a proper review of reports submitted to New York State agencies to ensure that all cases, including any cash collected (e.g., fines and fees), were properly reported and remitted." and for not performing an "adequate review of bank reconciliations or accountabilities (compare current assets to current liabilities) to ensure that all collections were accurately accounted for and to promptly identify discrepancies. The Justices also did not review deleted transactions reports."

The Board was criticized for not performing a "proper annual audit."

Even though the audit is dated 2024, the investigation went back to 2016. That's a lot of years to find financial errors.

The OSC recommended performing "a thorough review of the reports submitted to New York State agencies." As well as conducting "monthly bank reconciliations and accountabilities, and promptly review and resolve any differences."

The Town justices responded positively to the audit in the full report, which was great. They also seem to be working positively with the OSC to develop a corrective action plan.

Now we can use this audit to learn a bit more about what public bodies need to do to ensure appropriate procedures to protect against any issues. Libraries should have some form of auditing practice in place. The Trustee Handbook says, "[a]mong the responsibilities given to trustees is the oversight of the library’s finances. A Board’s role is to put controls in place. These include a board-approved budget, internal financial controls and third-party oversight of financial operations through a routine pattern of reviews and audits by an independent Certified Public Accountant (CPA)."

I know some libraries have had concerns about the cost of third-party audits (this is fair because they are expensive); so they have come up with audit schedules that shift between reviews and audits. Developing this type of process/schedule is a move in the right direction.

An audit/review does not replace the board's responsibilities of having procedures in place, approving policies, and checking for errors regularly. Instead, it provides another tool to show the importance of protecting public funds.