Library boards, whether governing or advisory, are involved in personnel issues. It takes people to provide library services and programming. The board, director, and staff all share the same objective - providing the best possible library service to meet the needs of the people in their community. It is natural that they may wish to share ideas about service and work together to identify and solve problems. However, board members need to be aware of their role and level of authority in personnel matters, as well as the distinct roles and responsibilities of the library director and staff. The Role and Authority of Advisory Boards compares their responsibilities.
This is not to say that library trustees and staff should not know each other. Indeed, trustees should make an effort to know the library personnel and to encourage opportunities for contact. Some appropriate options include asking the director to have staff:
The board can also plan social opportunities to celebrate staff successes and to introduce new board members and new staff.
There are a number of ways to minimize confusion on the part of management and staff regarding designated roles and authority including:
Hiring a library director is one of the most challenging and rewarding jobs that a library board can undertake. The prospect of new library leadership offers an opportunity for the board to:
Library boards should work with their human resources director to ensure that federal and state laws are followed throughout the hiring process. They should also be sure that the library is in compliance with the law with regard to personnel practices affecting the hiring and oversight by the director of library staff.
This list, although by no means comprehensive, provides a brief overview of some of those laws. Specific questions should be addressed to your library's legal counsel.
The entire board of trustees should be involved in the hiring process. Because the director is the board's only employee, it is important for trustees to work as a team and reach consensus as they develop the job description, as well as determine the interview method, the hiring criteria, and other procedures and decisions. In the process of hiring a new director, boards may find help by consulting:
The library director is entirely responsible for library operations including staff hiring and supervision, interpreting policies to staff, and achieving the goals of the library’s plan. Each library board should seek a director with qualities, strengths, and professional background that meet the library's current circumstances, plans, and needs. The professional knowledge gained while earning a master’s degree in library and information science, or its equivalent, from an ALA-accredited program, combined with several years of experience working in the field, will equip librarians with the skills they need to fulfill their responsibilities as directors.
In addition, RCW 27.04.055 sets forth qualifications for librarians working in the state of Washington:
“No library serving a community having over four thousand population, nor any library operated by the state or under its authority, may have in its employ, in the position of librarian or in any other full-time professional library position, a person who does not hold a librarian's certificate issued by the state librarian or its predecessor. A full-time professional library position is one that requires, in the opinion of the state librarian, a knowledge of information resources and library/information service delivery equivalent to that required for graduation from an accredited library education program. This section does not apply to the state law library or to county law libraries. The state librarian shall: Establish rules for, and prescribe and hold examinations to test, the qualifications of those seeking certificates as librarians; Grant librarians' certificates without examination to applicants who are graduates of library schools programs accredited or otherwise officially recognized by the American library association for general library training, and grant certificates to other applicants when it has satisfied itself by examination that the applicant has attainments and abilities equivalent to those of a graduate of a library school program accredited or otherwise officially recognized by the American library association; and Charge a fee to recover the costs associated with the application to be paid by each applicant for a librarian's certificate. Money paid as fees shall be retained by the state library as a recovery of costs.
“No library serving a community having over four thousand population, nor any library operated by the state or under its authority, may have in its employ, in the position of librarian or in any other full-time professional library position, a person who does not hold a librarian's certificate issued by the state librarian or its predecessor. A full-time professional library position is one that requires, in the opinion of the state librarian, a knowledge of information resources and library/information service delivery equivalent to that required for graduation from an accredited library education program. This section does not apply to the state law library or to county law libraries. The state librarian shall:
The Washington State Library provides additional information on their Certification of Librarians page.
Trustees need to carefully determine the qualities, knowledge, and skills that they expect their next director to possess. From the candidates’ point of view, the size of the community served by the library, the qualifications of its staff, the depth of library funding, and the location and status of the library will all be of great interest. The goal of the board is to match their criteria for the “ideal director” with the candidate whose experience, skills, and interest in the community result in the best possible fit. The public expects a smooth transition to new leadership, and that the board will hire the best possible candidate for the job while using public funds judicially to secure such a candidate - a daunting task, indeed!
Boards of municipal libraries must abide by the process set out in the municipal code or they may need to work with city authorities to clarify the roles and procedures that will be followed when hiring the library director. Advisory boards may make recommendations to their governing authority throughout the hiring process, but do not have the authority to hire - that is in the hands of the governing authority.
As stated above, trustees must ensure that the hiring process complies with all applicable federal and state laws, regulations, policies, and procedures such as:
Tip: It may be several months before a new director is hired and on board. In the meantime:
Work with your organization’s human resources specialist who is usually the person responsible for drafting job descriptions. Job Description Components - Library Director offers some suggestions for content.
Tip: Look at positions currently being advertised. Sites to explore include the following:
Current data about public library funding, including salaries and benefits, may be found in the annual online publication from the Washington State Library, Washington Public Library Statistics. Information about employee benefits may be found in the EBRI Databook on Employee Benefits. Economic data for Washington, including pay and benefits may be found on the Western Information Office (Washington) page from the United States Department of Labor, Bureau of Labor Statistics. The bottom of this page also provides a number of tools, including one for Inflation.
Include:
Even though there may be highly qualified applicants among current library staff, it is good practice to conduct an external search in order to select the best person for the library. Internal promotion is a very desirable goal, but it should be balanced with the added value of outside expertise.
Advertisements should include:
Positions may be advertised in a number of ways, including the following library-specific job sites:
Note: Some candidates may request that their applications be kept confidential and that their current employer not be contacted. During the initial screening this is not unusual but if the applicant is one of the top candidates being considered, the search committee should ask permission to investigate all references.
Do:
Don’t:
After the interviews are completed:
Note: Many boards and directors develop and sign a formal contract that is reviewed annually.
The board and new director need to agree on goals and the work plan as one of the first actions after the director arrives. The initial work plan should take into account the learning curve of a new director as well as the skills that the new director brings. It will form the basis for formal and informal reviews during board meetings.
Take full advantage of the probationary period to assess how well the director is meeting the expectations of the board, and vice versa. This is the time to identify and deal with mutual concerns to avoid future problems and to mutually agree on opportunities for counseling or education to assure that expectations can be met. Be sure this is done before the end of the probationary period, normally, at a minimum, within the first 3 to 6 months of employment. The final probationary evaluation will determine whether the library will retain or dismiss the library director.
Note: If the library director will not be retained, the board should have objective documentation of the causes for dismissal prior to the final probationary evaluation.
The board's ultimate concern is how well the library accomplishes its mission. It is important for the board to get feedback from the community on the effectiveness of library service. The bottom line is delivering service of optimum quality. The director is accountable for the goals and outcomes of the library's long-range plan.
Evaluation should be a positive experience, a time when the board can officially recognize the talents and skills of the director. Since evaluation is a constant process, suggestions for improvement can be offered by the board as part of a continuing effort towards a shared and dynamic future. An evaluation can:
An annual written evaluation is an essential management practice. It provides the director with a clear understanding of board expectations and whether expectations were met. It is also a formal method of communication between the board and the director, and a way to identify concerns that need to be addressed.
In addition to the formal annual evaluation, the library will benefit from a process of continuous feedback offered in a positive manner. Regularly touching base helps the director to know and understand board expectations as he or she works towards achieving the priorities established in the annual and long-range plans. In order to accomplish this continuous give and take, the board must generate a supportive, nonthreatening environment so the director is sustained as he or she may report "good news" as well as “bad news.”
The following steps will provide a framework for the evaluation process:
One of the results of the formal annual evaluation will be a new, specific plan of work for the director. The board should work with the director to define the objectives in the work plan for the coming year. These objectives will be the basis for the next annual evaluation of the director and can also be assessed during the year to evaluate progress being made toward objectives. The director should make regular progress reports to the board, including a 6-month discussion of progress that may result in some revisions in the work plan.
Note: The director may be directly responsible for accomplishing some objectives and may delegate others.
Evaluation should be based on the director’s demonstrated ability to meet the objectives of the annual library work plan rather than a subjective appraisal of personality traits. It should take into account the full range of responsibilities contained in the directors’ job description. The board should work with the director to develop an evaluation process including criteria and a rating system. Neither the evaluation process, including the criteria used to evaluate performance, nor the content of an evaluation, should be a surprise to the director. The director should know the expectations of work and the criteria that will be used to measure success. The following indicators may serve as criteria to evaluate the performance of a library director in fulfilling the essential functions of the position;
United for Libraries offers help on evaluation with the following resources:
The Municipal Research and Services Center of Washington (MRSC) provides an overview on their web page, Personnel Performance Evaluations.
The written evaluation should be a consensus of all board members. The board writes their evaluation after reviewing and discussing with the director the director’s report and other relevant information. It is important for the board to reach consensus on the content of the evaluation.
Note: The director should have the benefit of clear direction from the board as a whole rather than assessments of performance from individual board members.
After the trustees have reached a consensus, they meet with the director at a board meeting to review and discuss the evaluation. During that meeting, the director must have the opportunity to respond to the evaluation.
The evaluation may identify performance problems and/or board concerns that need to be addressed. It is the responsibility of the board to develop a plan of corrective action to help the library director meet board expectations.
Corrective action is a counseling process that defines performance expectations. It is not a disciplinary action, but provides a way for the board and director to mutually address issues that may be hindering progress towards meeting library goals.
Corrective action is normally progressive, but circumstances may warrant stronger or lesser actions. When determining the appropriate level of corrective action to take, the board may wish to consider the following factors in consultation with their human resources specialist:
For a corrective action plan to be successful, it will need mutual participation by the board and the library director. A corrective action plan is similar to a contract in that the board and director establish an agreement to correct a specific problem or deficiency.
Library Board Responsibilities:
Library Director Responsibilities:
Human Resource Staff Responsibilities:
This should include:
Note: A copy of the document should be given to the director.
Note: Ask the human resources manager to maintain the file with the corrective action memo, action plan, and written summary.
If the expectations of the corrective action plan are not met, the board may then proceed to disciplinary action that may result in a reprimand or termination of employment.
A letter of reprimand is the first step in disciplinary action. A letter of reprimand is intended to provide a formal written admonishment concerning the library director’s problem performance. It acts as a final warning, following documented corrective actions, that failure to discontinue inappropriate conduct and/or improve inadequate performance will likely result in formal disciplinary action or termination of employment.
At a minimum a letter of reprimand should:
Justifiable terminations should be spelled out in a policy handbook or personnel manual. Some of these reasons may include:
Hold an executive session to discuss potential termination of the director. Note: If the decision is to terminate the director, the actual termination must be authorized in a public meeting. (See RCW 42.30.110(1)(g))
The board should immediately consult library human resources staff or city specialists as well as legal counsel whenever considering dismissal. Sometimes the board and director may mutually agree that the situation is not beneficial. It is still necessary to consult with human resource experts and legal counsel to assure that any mutually agreed upon plan for departure is lawful and the board fully discusses and understands potential implications of any agreements. Be sure to:
Based on the 1985 U. S. Supreme Court decision in the case of Cleveland Board of Education v. Loudermill (470 U.S. 532), the director is entitled to a final hearing to contest a termination decision. A letter from the board will advise that dismissal is being considered and give the library director an opportunity to review the charges, examine the board’s evidence, and indicate why dismissal is not appropriate. The board of trustees will utilize the Loudermill hearing to determine if there are reasonable grounds to believe that the charges are, or are not true, and determine whether they continue to support the proposed dismissal action. Additional information about the Loudermill Hearing may be found in:
Before dismissing the director a final disciplinary letter must be delivered. This formal letter delineates:
The letter concludes with a statement that the board has adopted the motion to dismiss the director.
The board then issues the letter of termination, although the human resources specialist or the library attorney will most likely write the text of the letter. The letter documents any release and settlement agreements and includes:
As stated in RCW 27.12.210, it is the responsibility of the board of trustees to employ a librarian, and upon the librarian’s recommendation employ such other assistants as may be necessary, prescribe their duties, fix their compensation, and remove them for cause.
To fulfill these duties, the board should:
“In my opinion, RCW 49.48.200(1) applies. According to RCW 49.48.210(11) the definition of ‘employer’ as used in RCW 49.48.210 49.48.200 and 49.48.220, ‘means the state of Washington or a county or city, and any of its agencies, institutions, boards, or commissions…’ A library district is a creation of a city or county (or combinations thereof) pursuant to ch. 27.12 RCW. “Consequently, I believe the process laid out in ch. 49.48 RCW is the applicable authority since it applies to ‘government employees’ and provides for the recovery of overpayments’ by the employer by deductions from subsequent wage payments as provided in RCW 49.48.210 or by civil action. “For public employers, such as a regional library district, the 90-day limitation on recovery does not apply. See WAC 296-126-030. Adjustments for overpayments: “(10) This regulation does not apply to public employers. See chapter 49.48 RCW Wages - Payment - Collection. “For local governments, the underlying principle is that a government entity cannot constitutionally make a gift of funds (unless for the support of the poor and infirm). See Washington State Constitution Art. VIII, section 7. If an overpayment has been made, that is, a payment in excess of the amount owed an employee, the district must take steps to recover the overpayment, or else there would be a gift involved, which is forbidden.”
“In my opinion, RCW 49.48.200(1) applies. According to RCW 49.48.210(11) the definition of ‘employer’ as used in RCW 49.48.210 49.48.200 and 49.48.220, ‘means the state of Washington or a county or city, and any of its agencies, institutions, boards, or commissions…’ A library district is a creation of a city or county (or combinations thereof) pursuant to ch. 27.12 RCW.
“Consequently, I believe the process laid out in ch. 49.48 RCW is the applicable authority since it applies to ‘government employees’ and provides for the recovery of overpayments’ by the employer by deductions from subsequent wage payments as provided in RCW 49.48.210 or by civil action.
“For public employers, such as a regional library district, the 90-day limitation on recovery does not apply. See WAC 296-126-030. Adjustments for overpayments:
“(10) This regulation does not apply to public employers. See chapter 49.48 RCW Wages - Payment - Collection. “For local governments, the underlying principle is that a government entity cannot constitutionally make a gift of funds (unless for the support of the poor and infirm). See Washington State Constitution Art. VIII, section 7. If an overpayment has been made, that is, a payment in excess of the amount owed an employee, the district must take steps to recover the overpayment, or else there would be a gift involved, which is forbidden.”
“(10) This regulation does not apply to public employers. See chapter 49.48 RCW Wages - Payment - Collection.
“For local governments, the underlying principle is that a government entity cannot constitutionally make a gift of funds (unless for the support of the poor and infirm). See Washington State Constitution Art. VIII, section 7. If an overpayment has been made, that is, a payment in excess of the amount owed an employee, the district must take steps to recover the overpayment, or else there would be a gift involved, which is forbidden.”
The Public Disclosure Commission (PDC) has adopted two rules interpreting RCW 42.17A.555 in the Washington Administrative Code - WAC 390-05-271 (general applications of RCW 42.17A.555) and WAC 390-05-273 (definition of normal and regular conduct). Those rules are discussed in the PDC Guidelines. They read as follows:
(1) RCW 42.17A.555 does not restrict the right of any individual to express his or her own personal views concerning, supporting, or opposing any candidate or ballot proposition, if such expression does not involve a use of the facilities of a public office or agency.
Although each agency has latitude in establishing volunteer policies, including new hiring and background checks, there is one primary legal requirement. Under RCW 43.43.832, an employer is required to have criminal background checks done only for those potential employees and volunteers who would have "unsupervised access to children, vulnerable adults or persons who are developmentally disabled." So, each agency will need to look at the particular volunteer position to determine whether a person hired to fill that position will be subject to a criminal background check. "Unsupervised" is defined in RCW 43.43.830(13) to mean: not in the presence of: Another employee or volunteer from the same business or organization as the applicant; or Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization. According to the Washington State Patrol guide, "access" means being left alone in the presence of a child, vulnerable adult or person who is developmentally disabled for any period of time. So, for example, in some libraries a volunteer who works "in the back" sorting books will likely not have such unsupervised access, and so a prospective or new hire for that position would not be subject to the background check. But I suspect that in most libraries, volunteers are moved around to different jobs such as shelving books, helping at the desk, answering questions. In a situation like that, all volunteers should have a background check. Employers must inquire about an applicant's criminal history and certain civil adjudications for jobs having unsupervised access to children or developmentally disabled adults. Nursing homes, hospitals and other licensed health care facilities also are required to obtain written disclosures, check such applicant's conviction records through the Washington State Patrol, and may not employ individuals convicted of certain "crimes against persons." There is no mandate in state law that libraries adopt a policy for volunteers, but there should be and it is highly recommended by insurance carriers. Here is a good sample policy from the Washington Cities Insurance Authority: A. Selection and Screening Individuals volunteering their time to the Member should be properly screened for acceptance by the Member. All individuals should complete a volunteer application form. The application form should contain the following: A criminal history disclosure including a statement that a WSP background check may be performed At least three personal references that are not family members Waiver of liability related to obtaining personal history information Emergency contact information A section for the applicant to disclose any physical limitations that the Member should be made aware of Selected applicants should then be requested to sign a Volunteer Agreement. The Volunteer Agreement should include: A waiver of liability and hold harmless agreement Rules of conduct and pertinent policies and procedures The scope of the volunteer's duties A release for a WSP criminal background check Background checks should be performed in accordance with RCW 43.43.830-839 for all volunteers who have regularly scheduled unsupervised access with children, the elderly or the developmentally disabled. Volunteer applicants should be provided a copy of their background check if one is performed. Washington State law (RCW 43.43.832) requires organizations that provide services to children, developmentally disabled persons and vulnerable adults submit a Request for Criminal History Information form to the Washington State Patrol for a background check. Also, see our web page on Volunteers - it has a section on background checks. As to your second question, about "how often" background checks should be conducted, the background check provision in the statute, RCW 43.43.834 is only to be used in making the initial employment/hiring decision: (5) The business or organization shall use this record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited, except as provided in RCW 28A.320.155. A business or organization violating this subsection is subject to a civil action for damages. There is, however, an exception when an employer knows of employee misconduct where the misconduct may also constitute a criminal offense. RCW 43.43.815 provides that, upon written or electronic request, employers may obtain conviction records from the Washington State Patrol in order to conduct post-employment evaluations where the employee or prospective employee "may have access to information affecting national security, trade secrets, confidential or proprietary business information, money or items of value" or to assist in an investigation of employee misconduct where the misconduct may also constitute a criminal offense. Once again, state law doesn't give much guidance about when postemployment background checks can be done, and I cannot find any guidance in case law. In my opinion the only specific authority is preemployment hiring and postemployment misconduct (of a criminal nature). You can advise your libraries that they can and should run background checks for new volunteers, but should not run them later unless they know of specific criminal misconduct.
Although each agency has latitude in establishing volunteer policies, including new hiring and background checks, there is one primary legal requirement. Under RCW 43.43.832, an employer is required to have criminal background checks done only for those potential employees and volunteers who would have "unsupervised access to children, vulnerable adults or persons who are developmentally disabled." So, each agency will need to look at the particular volunteer position to determine whether a person hired to fill that position will be subject to a criminal background check. "Unsupervised" is defined in RCW 43.43.830(13) to mean:
not in the presence of:
According to the Washington State Patrol guide, "access" means being left alone in the presence of a child, vulnerable adult or person who is developmentally disabled for any period of time. So, for example, in some libraries a volunteer who works "in the back" sorting books will likely not have such unsupervised access, and so a prospective or new hire for that position would not be subject to the background check. But I suspect that in most libraries, volunteers are moved around to different jobs such as shelving books, helping at the desk, answering questions. In a situation like that, all volunteers should have a background check.
Employers must inquire about an applicant's criminal history and certain civil adjudications for jobs having unsupervised access to children or developmentally disabled adults. Nursing homes, hospitals and other licensed health care facilities also are required to obtain written disclosures, check such applicant's conviction records through the Washington State Patrol, and may not employ individuals convicted of certain "crimes against persons."
There is no mandate in state law that libraries adopt a policy for volunteers, but there should be and it is highly recommended by insurance carriers. Here is a good sample policy from the Washington Cities Insurance Authority:
A. Selection and Screening
Individuals volunteering their time to the Member should be properly screened for acceptance by the Member. All individuals should complete a volunteer application form. The application form should contain the following:
Selected applicants should then be requested to sign a Volunteer Agreement. The Volunteer Agreement should include:
Background checks should be performed in accordance with RCW 43.43.830-839 for all volunteers who have regularly scheduled unsupervised access with children, the elderly or the developmentally disabled. Volunteer applicants should be provided a copy of their background check if one is performed.
Washington State law (RCW 43.43.832) requires organizations that provide services to children, developmentally disabled persons and vulnerable adults submit a Request for Criminal History Information form to the Washington State Patrol for a background check.
Also, see our web page on Volunteers - it has a section on background checks.
As to your second question, about "how often" background checks should be conducted, the background check provision in the statute, RCW 43.43.834 is only to be used in making the initial employment/hiring decision:
(5) The business or organization shall use this record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited, except as provided in RCW 28A.320.155. A business or organization violating this subsection is subject to a civil action for damages.
There is, however, an exception when an employer knows of employee misconduct where the misconduct may also constitute a criminal offense. RCW 43.43.815 provides that, upon written or electronic request, employers may obtain conviction records from the Washington State Patrol in order to conduct post-employment evaluations where the employee or prospective employee "may have access to information affecting national security, trade secrets, confidential or proprietary business information, money or items of value" or to assist in an investigation of employee misconduct where the misconduct may also constitute a criminal offense.
Once again, state law doesn't give much guidance about when postemployment background checks can be done, and I cannot find any guidance in case law. In my opinion the only specific authority is preemployment hiring and postemployment misconduct (of a criminal nature). You can advise your libraries that they can and should run background checks for new volunteers, but should not run them later unless they know of specific criminal misconduct.
The federal Fair Labor Standards Act (the “FLSA”) requires employers, including public agencies such as library systems, local libraries and library districts, to pay their employees time and a half for all hours worked over 40 in a given week if the employees in question are not exempt from the overtime provisions of the FLSA. The regulations are concerned with overtime that gets triggered if an employee is volunteering in a similar area of work. The basic rule under the FLSA is that a true volunteer is not subject to the FLSA and does not trigger overtime concerns. However, an individual may not be a volunteer for a public agency when the volunteer hours involve the same type of service which the individual is employed to perform for the same agency. When Congress amended the FLSA in 1985, it made clear that people are allowed to volunteer their services to public agencies and their community, with one exception—public sector employers may not allow their employees to volunteer without compensation. Public sector employees may volunteer to do different kinds of work for the public agency by which they are employed, or volunteer to do similar work for a different public agency. For example, police officers can volunteer different work (non-law enforcement related) in city parks and schools, or can volunteer to perform law enforcement for a different jurisdiction than where they are employed. The United States Department of Labor's regulations define "same type of services" to mean similar or identical services. Equally important is whether the volunteer service is closely related to the actual duties performed by or responsibilities assigned to the public agency employee who are "volunteers." The classic example of this is when a full-time firefighter wants to also be in the volunteer fire department - the FLSA indicates that all hours must be counted as compensable work time for someone in this situation. The issue is whether these hours count as regular compensable time under the Fair Labor Standards Act. The 1985 Amendments to the FLSA provide that when local government employees, at their option, work occasionally or sporadically on a part-time basis for the same agency in a different capacity from their regular employment, the hours worked in the different job do not have to be combined with the regular hours for the purpose of determining overtime liability. The decision to work must be made freely and without coercion. Washington State municipalities must also comply with the state Minimum Wage Act, which is codified in Ch. 49.46 RCW. Many of the provisions of the state law and the federal FLSA are identical but there are some differences. When there is a difference, the municipality must comply with the most liberal law when viewed from the perspective of the employee. If the state law provides greater benefits than the FLSA, then the city must comply with state law. If the FLSA is more generous for the employee, then the city must comply with the FLSA.
The federal Fair Labor Standards Act (the “FLSA”) requires employers, including public agencies such as library systems, local libraries and library districts, to pay their employees time and a half for all hours worked over 40 in a given week if the employees in question are not exempt from the overtime provisions of the FLSA. The regulations are concerned with overtime that gets triggered if an employee is volunteering in a similar area of work. The basic rule under the FLSA is that a true volunteer is not subject to the FLSA and does not trigger overtime concerns. However, an individual may not be a volunteer for a public agency when the volunteer hours involve the same type of service which the individual is employed to perform for the same agency.
When Congress amended the FLSA in 1985, it made clear that people are allowed to volunteer their services to public agencies and their community, with one exception—public sector employers may not allow their employees to volunteer without compensation. Public sector employees may volunteer to do different kinds of work for the public agency by which they are employed, or volunteer to do similar work for a different public agency. For example, police officers can volunteer different work (non-law enforcement related) in city parks and schools, or can volunteer to perform law enforcement for a different jurisdiction than where they are employed. The United States Department of Labor's regulations define "same type of services" to mean similar or identical services. Equally important is whether the volunteer service is closely related to the actual duties performed by or responsibilities assigned to the public agency employee who are "volunteers."
The classic example of this is when a full-time firefighter wants to also be in the volunteer fire department - the FLSA indicates that all hours must be counted as compensable work time for someone in this situation. The issue is whether these hours count as regular compensable time under the Fair Labor Standards Act. The 1985 Amendments to the FLSA provide that when local government employees, at their option, work occasionally or sporadically on a part-time basis for the same agency in a different capacity from their regular employment, the hours worked in the different job do not have to be combined with the regular hours for the purpose of determining overtime liability. The decision to work must be made freely and without coercion.
Washington State municipalities must also comply with the state Minimum Wage Act, which is codified in Ch. 49.46 RCW. Many of the provisions of the state law and the federal FLSA are identical but there are some differences. When there is a difference, the municipality must comply with the most liberal law when viewed from the perspective of the employee. If the state law provides greater benefits than the FLSA, then the city must comply with state law. If the FLSA is more generous for the employee, then the city must comply with the FLSA.
Any coverage is entirely optional UNLESS it is required by city ordinance. From the statutes it appears that a local government can “elect” to cover their volunteers (for “medical benefits” only). If a local government decides to provide medical benefits coverage to volunteers, then they are obligated to pay for it. Here’s what RCW 51.12.035 provides in pertinent part: 2) Except as provided in RCW 51.12.050, volunteers may be deemed employees and/or workers, as the case may be, for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of any city, county, town, special district, municipal corporation, or political subdivision of any type, or any private nonprofit charitable organization, when any such unit of local government or any such nonprofit organization has given notice of covering all of its volunteers to the director prior to the occurrence of the injury or contraction of an occupational disease. A "volunteer" shall mean a person who performs any assigned or authorized duties for any such unit of local government, or any such organization, except emergency services workers as described by chapter 38.52 RCW, or firefighters covered by chapter 41.24 RCW, brought about by one's own free choice, receives no wages, and is registered and accepted as a volunteer by any such unit of local government, or any such organization which has given such notice, for the purpose of engaging in authorized volunteer services: PROVIDED, That such person shall be deemed to be a volunteer although he or she may be granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties: PROVIDED FURTHER, That juveniles performing community restitution under chapter 13.40 RCW may not be granted coverage as volunteers under this section. Any and all premiums or assessments due under this title on account of such volunteer service for any such unit of local government, or any such organization shall be the obligation of and be paid by such organization which has registered and accepted the services of volunteers and exercised its option to secure the medical aid benefits under chapter 51.36 RCW for such volunteers.
Any coverage is entirely optional UNLESS it is required by city ordinance.
From the statutes it appears that a local government can “elect” to cover their volunteers (for “medical benefits” only). If a local government decides to provide medical benefits coverage to volunteers, then they are obligated to pay for it.
Here’s what RCW 51.12.035 provides in pertinent part:
2) Except as provided in RCW 51.12.050, volunteers may be deemed employees and/or workers, as the case may be, for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of any city, county, town, special district, municipal corporation, or political subdivision of any type, or any private nonprofit charitable organization, when any such unit of local government or any such nonprofit organization has given notice of covering all of its volunteers to the director prior to the occurrence of the injury or contraction of an occupational disease.
A "volunteer" shall mean a person who performs any assigned or authorized duties for any such unit of local government, or any such organization, except emergency services workers as described by chapter 38.52 RCW, or firefighters covered by chapter 41.24 RCW, brought about by one's own free choice, receives no wages, and is registered and accepted as a volunteer by any such unit of local government, or any such organization which has given such notice, for the purpose of engaging in authorized volunteer services: PROVIDED, That such person shall be deemed to be a volunteer although he or she may be granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties: PROVIDED FURTHER, That juveniles performing community restitution under chapter 13.40 RCW may not be granted coverage as volunteers under this section.
Any and all premiums or assessments due under this title on account of such volunteer service for any such unit of local government, or any such organization shall be the obligation of and be paid by such organization which has registered and accepted the services of volunteers and exercised its option to secure the medical aid benefits under chapter 51.36 RCW for such volunteers.
Neither the ALA nor our public library division, the Public Library Association (PLA), sets prescriptive standards for public libraries, including a number of staff needed per capita. Instead, we advocate an outcomes-based assessment process set forth in a series of books on Planning and Assessment—the PLA "Results" books. The reason for this is that each library serves a different community with different needs. For example, a library serving a community with many young families wants and needs a library with different facilities and services than a library serving a similar size population with a high percentage of empty-nesters and retirees.
For additional information, see Budgeting and Finance, Collection Development, and Human Resources on the ALA wiki.
However, individual states may have standards, which should be reviewed and observed as appropriate. These, where they exist, may be found at the sites listed on these directory pages:
Additional information may be found at Public Library Standards, including a Sample benchmarking process.
Jeanne Goodrich, provides additional thoughts on library staffing in “Staffing Public Libraries: Are There Models or Best Practices?,” which appeared in the September/October 2005 issue of Public Libraries.