Library Policies

 

Stewart B. Lang Memorial Library

Policy Manual

2013

 

 

Table of Contents

 

By-laws

 

Mission Statement

 

Collection / Development Policy

 

Library Operating Policies

1. Rules & Regulations

2. Library Bill of Rights

3. Confidentiality of Library Records

4. Unattended Children

5. Internet Policy

6. Personnel Policy

7. Financial Policy

8. Building Use Policy

9. Conflict of Interest Policy

 

 

 

 

 

 

Mission Statement of the Stewart B. Lang Memorial Library

The primary mission of the Stewart B. Lang Memorial Library is to serve persons of all ages by providing current high demand, high interest materials in a variety of formats. The library is also committed to serving young children by providing materials and programs which will encourage interest in reading and learning. In addition, the library will also strive to: support formal education; serve as a community information center; maintain materials pertaining to cultural education; and provide reference service.

By-Laws of the Stewart B. Lang Memorial Library

Article I - Tenure of Office of Trustees

1. The term of Office of Trustees shall be three years.

2. There shall be between five and twenty-five Trustees, the present number being nine.

Article II - Officers

1. The Officers of the Board shall be a President, Vice President, Secretary and a Treasurer.

2. Officers shall be elected at the Annual Meeting by a majority vote of the Board from among their number.

3. The Secretary shall record all official acts of the Board and have the custody of all its official records and documents locked in a file in the Library. The Secretary will have a copy of the most current records and key to the records file.

4. The Treasurer shall receive all funds belonging to the Library and shall keep the same in its name until paid out in accordance with the Annual Budget. The Treasurer shall report to the Board at regular meetings.

Article III- Meetings

1. Regular meetings shall be held on the first Monday of each month. Special meetings hall be held at the call of the President or any two Trustees.

2. The Annual Meeting of the Board shall be on the first Monday of each January. The |Annual Meeting shall be for the purpose of the installation of new Trustees, election of Officers and establishment of Committees. The Director will publish a summary of the Annual Report.

3. A majority of the designated number of the Board shall constitute a quorum.

Article IV - Committees

1. The following will be standing committees: Building and Maintenance, Personnel, Finance and Goals.

2. Ad Hoc Committees may be appointed by the President with the approval of the Board.

3. All committee actions are subject to approval by a majority of the Board.

4. The Finance committee shall prepare, with the Treasurer, the Annual Budget to be presented and approved to the Board no later than the November meeting.

Article V- Finance

1. The Board must approve any adjustment to the Budget by a majority vote.

2 Any withdrawal from the $35,000 principal of the Harriet Hurt Memorial Trust Fund requires a yes vote by 3/4 of the Board of Trustees total membership.

Article VI- Library Director

1. The Board shall appoint a Library Director who meets the New York State qualifications.

2. The Director shall be the Executive and Administrative Officer of the Library.

3. The Director shall be held responsible for the proper performance of duties as spelled out in the job description provided by the Board.

4. It shall be the duty of the Director to attend meetings of the Board, including Budget meetings, and public meetings where action may be taken affecting the interests of the Library. The Director shall have the right to speak on all matters under discussion at Board meetings, but shall not have the right to vote thereon.

Adopted September 3, 1926

Revised November 7, 1983

Revised February 22, 1992

Revised April 1, 2002

Revised July 1, 2002

Revised May 6, 2005

 

 

 

 

 

 

I. RULES AND REGULATIONS

1. The Library will be open for lending books on the following days and hours:

DAY

DAY TIME HOURS

Monday

1:00 p.m. to 6:00 p.m.

Tuesday

9:30 a.m. to 8:30 p.m.

Wednesday

1:00 p.m. to 6:00 p.m.

Thursday

9:30 a.m. to 8:30 p.m.

Friday

1:00 p.m. to 5:00 p.m.

Saturday

11:00 a.m. to 3:00 p.m.

2. Loan Agreement: I apply for the right to use the Library and agree to comply with all its rules and regulations. I will give immediate notice of any change of address or phone.

 

3. Books: No book will be lent to anyone with an unpaid find of $5.00 or more. Books may be kept for two weeks with a one-week grace period. They may be renewed twice. Trustees grant the right to the librarian to limit certain books to a seven-day or less loan period with no renewal.

 

4. Overdue Books: A fine of $.05 per day must be paid for overdue books, magazines, recorded books and cassette books. Fines for videos, DVDs and CD-ROMS are $.25 per day.

 

5. Book Damage: Notes, corrections or marks of any kind on books belonging to the Library are forbidden. All losses beyond reasonable wear, however caused, must be promptly adjusted to the satisfaction of the librarian by the person to whom the book is charged.

 

6. Facility Use Approval: The Board of Trustees must approve the use of the Library by any person or group for non-library related purposes in the Library (see Library Operating Policies for more information).

 

7. Facility Use/Activities: On a day-to-day basis, the librarian is responsible for all activities in the Library. Any person or group wishing to use the facility must first obtain permission from the librarian or the designee. If permission has been granted in advance, the librarian of the day must be notified upon arrival of the person or group. When young children are involved in an activity in the Library, the parents or guardians are expected to remain in the building unless another arrangement or agreement is made with the librarian and the person in charge of the Library activity.

 

8. Basement: No children will be allowed in the basement unless supervised by an authorized adult. Any adult or group with a valid reason for working in the Library basement must notify the librarian immediately upon arrival.

Adopted: September 3, 1926

Rev. 11/7/83

Rev. 12/6/83

Rev. 3/11/85

Rev. 11/7/88

Adopted July 1, 1996

Rev. 1/03

Rev. 1/9/06

Rev. 1/8/07

II. LIBRARY BILL OF RIGHTS

The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

1. 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.

2. 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.

3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

4. Libraries should cooperate with all persons and groups concerned with resisting abridge-ment of free expression and free access to ideas.

5. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.

6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable bases, 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.

III. POLICY ON CONFIDENTIALITY OF LIBRARY RECORDS

The Council of the American Library Association strongly recommends that the responsible officers of each library, cooperative system, and consortium in the United States:

  1. Formally adopt a policy which specifically recognizes its circulation records and other records identifying the names of library users to be confidential in nature.

  1. Advise all librarians and library employees that such records shall not be made available to any agency of state, federal or local government except pursuant to such process, order or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative power.

  1. Resist the issuance of enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court of competent jurisdiction.**

*Note: See also ALA Policy Manual 54.16 – Code of Ethics, Point No. 3, “Librarians must protect each user’s right to privacy with respect to information sought or received, and materials consulted, borrowed, or acquired.”

**Note: Point No. 3, above, means that upon receipt of such process, order, or subpoena, the Library’s officers will consult with their legal counsel to determine if such process, order, or subpoena is in proper form, and if there is a showing of good cause of its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be cured.

 

Adopted: 1/20/71

Revised: 7/4/75

Revised: 7/2/86

By: ALA Council

ISBN 8389-6082-0

IV. UNATTENDED CHILDREN POLICY

LIBRARY STAFF ARE NOT

RESPONSIBLE FOR UNATTENDED

CHILDREN.


IF ANY CHILD 

UNDER THE AGE OF 12 YEARS IS MISBEHAVING,

PARENT, GUARDIAN, OR OTHER

RESPONSIBLE PERSON WILL BE

CALLED TO PICK UP CHILD.

 

V. ACCEPTABLE COMPUTER, INTERNET

& ON-LINE USE COMMUNICATION POLICY

Purpose & Scope

Responsible users are the key to successful computer use at Stewart B. Lang Memorial Library. To ensure equitable access to the Library’s computer resources as well as compliance with the Library’s mission, all users of the Library’s computer resources, including Internet access, are bound by this policy.

Policy

The Library is committed to supporting ethical use of its computer workstations. Toward this end, the Library specifically prohibits the use of its computers and Internet resources for the following:

· To violate any local, state, or federal law including copyright laws and other protection for intellectual property.

· To access, upload, download, or distribute pornographic, obscene, or sexually-explicit material or language.

· To access other computer equipment or data without implied or direct permission to do so.

· To damage or disable electronic devices through the release of computer viruses or other disabling programs.

· Engaging in any activity that is deliberately offensive or creates an intimidating or hostile environment.

Use of the Library’s computer resources is a privilege available to patrons with a valid library card. Library staff may deny computer-use privileges to patrons who violate any clause of this policy.

Disclaimer

The Stewart B. Lang Memorial Library (including staff and trustees) assumes no responsibility for damages of any nature arising from an individual’s use of its computer workstations for access to the Internet or World Wide Web. Users are responsible for use of Internet resources through the Library’s computers. Parents are responsible for users that are minors.

The Library, its staff, and its trustees cannot control the information or links available on the Internet and World Wide Web. Determining the validity and value of information and sources is the user’s responsibility.

Revised: 11/5/06

STATEMENT OF PERSONAL RESPONSIBILITY

FOR ACCEPTABLE USE OF COMPUTERS BY MINORS (under 18)

To ensure fair access to computer resources for all Library patrons:

1. I understanding and accept all clauses of the Stewart B. Lang Memorial Library’s policy for “Acceptable Computer Use & On-Line Communications”.

2. I will abide by the controls placed on computer use as expressed by Library staff.

By signing below, I accept the Stewart B. Lang Memorial Library, its staff, and its Board of Trustees assume no responsibility for any loss or damage to my data, for exposure to unwanted or invalid information or for any violations of the law that I may commit as a user.

Name of Minor: _________________________________________________________

Address: _______________________________________________________________

Responsible Person: ______________________________________________________

Revised:5/02

6/4/07

6/2/08

VI. PERSONNEL POLICY

Responsibilities, Salaries, Hours and Benefits

 

A. Responsibilities

 

The director shall report to the Board of Trustees. All other staff shall report to the director.

B. Work Week

 

  1. The director’s work week is up to 27 hours as needed, plus any additional time necessary to attend meetings or workshops.
  2. The assistant director’s work week is up to 12 hours, but may be extended when the librarian is ill or on vacation.

C. Salary Payment and Benefits

 

  1. The staff is paid bi-monthly.
  2. All employees must submit an accurate, signed time sheet prior to payment.
  3. Social Security and Medicare are withheld from each paycheck. U.S. Income Tax and NYS Income Tax will be withheld if necessary.
  4. A maximum of $2.40 a week will be withheld from all staff’s paychecks for NYS Disability Insurance.

D. Overtime

 

  1. No hourly employees will receive payment for overtime without prior approval of the Board of Trustees.

E. Work Schedules

 

  1. The director’s work schedule is to be determined in conjunction with the Board of Trustees.
  2. The assistant director’s hours are determined jointly by the director and the Board of Trustees.

F. Holiday Payment

 

  1. The director and assistant director will be paid for the following holidays should they fall on a day that the director or assistant director is regularly schedule to work: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

LEAVE POLICY

A. Sick Leave

  1. The director and assistant director shall earn annual sick leave equivalent to the number of hours regularly worked in two scheduled work- weeks.
  2. If the director will be absent, he/she must assure that the assistant director or another substitute will be at the Library during regular hours. He/she must notify the treasurer of each absence within 24 hours.
  3. In case of an illness extending longer than one week, the director shall notify the president of the Board of Trustees and the assistant director will assume all duties and responsibilities.
  4. There is no waiting period for use of accumulated sick time.

B. Vacation Time

 

  1. The director and assistant director shall accrue vacation pay equivalent to the number of hours worked in two scheduled work- weeks. One year of service must be completed before vacation time can be taken. After seven years of service, the director is entitled an additional week of vacation pay under the same conditions. Vacation leave must be used within the calendar year.
  2. Vacations will be arranged with regard to the orderly operation of the Library.

 

    1. Request for vacation leave must be in writing to the Board.
    2. No leave, with or without pay, that exceeds two weeks in succession will be granted.
    3. Leave must be requested three weeks prior to the first day of vacation.
    4. If a holiday falls in the vacation period of the director or assistant director, they are entitled to the holiday in addition to the vacation allowance. However, it may be necessary for the director or assistant director to take such a holiday at a later date rather than add it to the vacation period.

 

  1. It is the director’s responsibility to assure that the assistant director or another substitute will be at the Library during regular hours to cover during a vacation period.

C. Other Leave

 

  1. Personal Business: Since Library employees are part time, they are encouraged to schedule personal business outside or regular work hours.
  2. Death in Immediate Family: Compensated absence is permitted for staff members up to three days.
  3. Jury Duty: Leave, without pay, will be granted to the director and assistant director when serving during regularly scheduled work hours.

D. Leave Without Pay

 

  1. An employee may be entitled to leave without pay with approval from the Board of Trustees. Benefits do not accumulate during this time, but those accrued are not lost.

  1. Request for leave without pay must be submitted in writing to the president of the Board or director.

CLOSING POLICY

 

A. Holidays

1. The Library will be closed on the following holidays: New Year’s Eve, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.

B. Inclement Weather

1. If the Library has to be closed because of weather or some other emergency, the director will notify the Board president or one other Board member, and the local radio stations.

2. The director and assistant director will be paid for their scheduled work hours when the Library is officially closed because of snow, flood or other emergency.

PERSONNEL ACTION

A. Hiring

1. Positions are established and filled by the Board.

2. Job descriptions are provided at the time of hiring.

B. Probation

1. A probationary period of six months will be observed to ensure compatibility with the Board and other employees.

C. Grievances

1. Any grievances should be in writing and directed to the personnel committee for the Board of Trustees for documented review and disposition.

D. Resignation and Retirement

1. Four weeks notice to the Board President is required for resignation in good standing.

2. As the Library has no retirement plan, there is no mandatory or minimum retirement age.

E. Dismissal for Cause

1. Dismissal from duty is a serious action, whether professional or support staff is involved. Before a staff member is discharged, the personnel committee must be certain that reasonable forms of counseling, advice, training and suggestions toward improvement have been offered to the employee. Among causes considered sufficient for dismissal of an employee are inefficiency, irregular attendance and misconduct. Except in cases of misconduct, the Board of Trustees shall endeavor to provide the employee with appropriate written warning that states actions required for continued employment. Severance pay is granted at the discretion of the Board of Trustees and depends on the length of service, cause of separation. Vacation pay is included in the employee’s final pay check.

PERFORMANCE EVALUATION

A. Purpose

1. The director of the Stewart B. Lang Memorial Library will be evaluated each year in November by the personnel committee. All other employees will be evaluated by the director. These evaluations are designed to provide a formal method of communication between the employee and the Board of Trustees. Job satisfaction, performance, duties and related activities should be discussed.

B. Personnel Files

1. Each employee has an official personnel file that shall include various papers relating to his/her employment, as well as the most recent evaluation form. This form may be consulted to provide performance information on a staff member to a prospective employer. An employee has the right to view his/her own file, with the exception of confidential references, and should direct a request to do so to the Board of Trustees. An employee may also request that certain materials be placed in his/her file. These files are kept under lock and key in the Library.

Revised: 2/02/98

Revised: 2/06/06

Revised: 10/2/06

Revised: 10/5/09

VII. FINANCIAL POLICIES

1. Finance Committee Organization

The Finance Committee shall consist of the treasurer and a minimum of two other board members appointed by the president of the Library Board. The Finance Committee will elect a chairman annually at its first meeting of the calendar year.

 

The Committee will meet annually.

 

The Treasurer will submit monthly reports to the Board. The Board will review these reports, evaluate and recommend long- term investments and ensure investment policies are followed.

2. Finance Committee Responsibilities

 

A. Annual Reports

The Finance Committee shall report to the Board of Trustees at the

March meeting. The report will detail financial assets held at December 31 of the prior year

and investment activity in the prior year. For checking accounts, savings accounts, money

market funds and Certificates of Deposit, amount, current interest rate and maturity date must be indicated. For stocks, bonds, and mutual funds, the listing should indicate market value, cost,

prior year’s yield, and realized and unrealized gains and losses.

 

The Finance Committee is responsible for ensuring that the annual required government reports of revenue and expenses (such as IRS Form 990 and New York State Annual

Report for Public and Association Libraries) are submitted in a timely and accurate

Manner.

 

The Treasurer is responsible to verify the submittal of timely and accurate payroll payments and reports (such as Federal Forms 941, W-2, W-3 and State forms NYS-45 and RS-87).

B. Annual Budget

The Finance Committee shall prepare an annual budget, in consultation with the

Library director and other Board members. The Library By-Laws require that (1) the

Board approve the Budget no later than the prior year’s November meeting (Article IV-3), and (2) the Board approve any adjustments to the budget by a majority vote (Article V-1).

C. Investment Policy Formulation

The Finance Committee shall develop the Library’s investment policy for each class of

Funds. Each year, at its March meeting, the Board of Trustees shall review and approve the Library’s investment policy.

Funds will be classified by expected time of use. Short-term funds are expected to be needed within 12 months. Long-term funds are funds that will not be needed within the next twelve months. Funds will also be classified by source as general, donor or grants restricted, or Library Board-designated for a specific purpose. Donor-restricted funds include Lang Trust payments and book memorials. Grant-restricted funds include Council of the Arts grants and other state grants for specific uses, such as computers.

D. General Investment Policy by Time Horizon

a. Short Term Investments

The Treasurer is responsible for prudent investment of such funds. Amounts not needed immediately should be invested in money market funds, savings accounts or certificates of deposit of less than one year’s maturity. The Treasurer may also maintain a “working balance” of funds in a non-interest bearing checking account.

 

2. Long Term Investments

The guiding philosophy of investing long term monies is to choose a prudent and

conservative portfolio, which shall be invested in high quality, diversified financial

assets and which will provide capital growth with some focus on income. The Finance Committee is expected to seek the advice of professional investment managers, such as stockbrokers, bankers or financial planners.

 

The Finance Committee must obtain the approval of the Library Board of Trustees before making a long-term investment.

III. More Specific Investment Policy by Source of Funds

A. Government Funds

The Library receives annual payments of operating funds from government sources such as school district tax levy, county grants and local library services aid. The Library’s policy is to spend such funds within a year of receipt.

 

The Treasurer is responsible for prudent investment of these funds. The Library may maintain a “working balance” of these funds in its general checking account. Amounts not immediately needed shall be invested in money market funds, savings accounts, or certificates of deposits of less than one year’s maturity.

 

B. Restricted Funds from Lang Charitable Trust

The Library is a beneficiary of the Stewart B. and Blanche S. Lang Charitable Trust. Under the terms of the Trust, 60% of the income is distributable to the Library for expenses of maintenance and repair, with a minimum distribution of $25,000 annually.

 

The Treasurer shall deposit funds, to be used within a year, in a money market account, savings account or certificates of deposit of less than on year’s maturity. Interest income earned by such funds shall be transferred to the General Fund.

 

Expenditures from such funds will generally be made by checks written against the money market fund. Occasionally, a vendor payment may be made out of general funds. Not less than quarterly, the Treasurer shall prepare schedule of such payments (cc: Finance Committee Chair) and reimburse the general fund.

Excess funds remaining at the end of the year: The Board of Trustees may transfer excess funds to a restricted long- term investment fund.

The Finance Committee is responsible for investing the funds in accordance with the Board-Approved Investment Policy.

C. Funds from Other Donors

The investment objectives of the library are to manage contributions not needed for current operations in a manner that will maximize the benefit intended by the donor.

 

Funds to be used within a year, shall be placed in a designated money market fund, savings account or certificates of deposit of less than one year’s maturity. The Treasurer is responsible for prudent investment of such funds.

 

The Board of Trustees may transfer funds to a board-designated or donor-restricted long term investment fund. The Board of Trustees must designate the purpose of the fund. The Finance Committee is responsible for investing the funds in accordance with the Board-Approved Investment Policy.

D. Pooling of Funds

Generally, monies from donor-restricted or board-designated funds shall be segregated by type of restriction. However, from time to time, it may be necessary to pool monies from different sources into a common investment. The Treasurer is responsible for maintaining financial records that show the allocation of the common investment by general, designated and restricted categories and by current and long-term categories.

Revised: 8/2/99

Revised: 3/6/06

Reviewed: 3/07

Revised: 3/2/09

IX. BUILDING USE POLICY

Use of Library Facilities

Space is available for use by community groups for meetings and exhibitions.

A. Who May Use It

1. Space in the library may be reserved for use by educational, civic, cultural, and governmental groups, when no admission charge is made.

2. Library-sponsored programs are given preference.

3. Children groups must be supervised by two or more adult sponsors.

4. Profit-making organizations sponsoring an educational program of a non-profit nature will be permitted to use the Library provided the event is open to the general public.

B. Facility Use Restrictions

1. Space is available for religious, political, or partisan purposes, with permission

from the Board on a case-by-case basis.

2. The Library reserves the right under certain circumstances to ask a group to

reschedule an event to avoid a conflict.

3. The librarian is authorized to deny permission for use of the library to any group

that is disorderly or objectionable in any way, or that violates these regulations.

C. Reservations

1. Reservations, on a first-come, first-serve basis, must be made with the librarian.

These reservations will include the name of the organization, number of persons expected, statement as to serving refreshments, and name and phone number of person(s) responsible.

2. The group is to complete an application form for use of the Library facility.

D. Rules for Use of Library Space

1. Space is available to civic, educational and cultural groups. It must be vacated by

10:00 p.m. No charge will be made, however, donations to the Library are welcome.

2. Space is available during normal operating hours or with the librarian’s approval for

additional hours.

3. The Library normally will not provide personnel to assist in handling of exhibits and

other materials.

4. Groups may not charge admission. Exceptions to this must be presented in writing to the Board.

5. Neither the name nor the address of the Library may be used as the official name, address, or headquarters of an organization.

6. The Library is not responsible for equipment, supplies, materials, or other items owned

by a community group and used by them in the Library.

7. Light refreshments may be served.

8. Smoking is not allowed inside the facility.

9. Any equipment or furniture brought into the Library must receive prior approval.

10. Each group is expected to be responsible for cleaning up after use, for returning furniture to correct position, and for replacement of lost or damaged equipment. Any group not leaving the Library in a neat and orderly condition, will be denied future use of the Library.

11. The Library will enforce all applicable laws and regulations regarding discrimination and harassment.

Revised: 4/6/06

X. CONFLICT OF INTEREST POLICY

Article I. Purpose

The purpose of the conflict of interest policy is to protect this tax-exempt organization’s (Stewart B. Lang Memorial Library, herein referred to as “Library”) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the organization or might result in a possible excess benefit transaction. This policy is intended to supplement, but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

Article II. Definitions

A. Interested Person

 

Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.

B. Financial Interest

 

A person has a financial interest if the person has, directly or indirectly, through business, investment or family:

 

1. An ownership or investment interest in any entity with which the Library has a

transaction or arrangement;

2. A compensation arrangement with the Library or with any entity or individual

with which the Library has a transaction or arrangement; or

3. A potential ownership or investment interest in, or compensation arrangement with,

any entity or individual with which the Library is negotiating a transaction or arrangement.

 

Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.

A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

Article III. Procedures

A. Duty to Disclose

 

In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.

B. Determining Whether a Conflict of Interest Exists

 

After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the

determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.

C. Procedures for Addressing the Conflict of Interest

 

1. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.

2. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.

3. After exercising due diligence, the governing board or committee shall determine whether the Library can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.

4. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Library’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination, it shall make its decision as to whether to enter into the transaction or arrangement.

E. Violations of the Conflicts of Interest Policy

1. If the governing board or committee has reasonable cause to believe a member has failed to

disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose

2. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Article IV. Records of Proceedings

The minutes of the governing board and all committees with board delegated powers shall contain:

A. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.

B. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Article V. Compensation

A. A voting member of the governing board who receives compensation directly or indirectly, from the Library for services is precluded from voting on matters pertaining to that member’s compensation.

B. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Library for services is precluded from voting on matters pertaining to that member’s compensation.

C. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Library, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

Article VI. Annual Statements

Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:

A. Has received a copy of the Conflict of Interest Policy;

B. Has read and understands the Policy;

C. Has agreed to comply with the Policy; and

D. Understands the Library is charitable and in order to maintain its federal tax exemption, it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

Article VII. Periodic Reviews

To ensure the Library operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects.

A. Whether compensation arrangements and benefits are reasonable, based on competent

survey information, and the result of arm’s length bargaining.

B. Whether partnerships, joint ventures, and arrangements with management organizations

conform to the Organization’s written policies, are properly recorded, reflect reasonable

investment or payments for goods and services, further charitable purposes and do not result

in inurement, impermissible private benefit or in an excess benefit transaction.

Article VIII. Use of Outside Experts

When conducting the periodic reviews as provided for in Article VII, the Library may, but need

not, use outside advisors. If outside experts are used, their use shall not relieve the governing

board of its responsibility for ensuring periodic reviews are conducted.

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RE: CONFLICT OF INTEREST POLICY

I, ________________________________________, as a committee member or a governing board member of the Stewart B. Lang Memorial Library’s have received a copy of the above-referenced policy. I hereby declare that I have read, understand and agree to comply with all provisions of the Conflict of Interest Policy. In addition, I understand the Library is charitable and in order to maintain its federal tax exemption, it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

__________________________________________________ _______________________

Signature Date

11/8/2007

 

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