Protecting You, Your Staff and Your Patrons

Welcome to the first in a series of posts designed to help you fortify your library to protect you, your staff, and your patrons. A library is at its strongest when there are clear, unambiguous expectations for everyone to follow and one of the best ways to implement these expectations is through policy.   

Good policies reduce ambiguity and create stability for you, your staff, and your patrons. Solid, consistently applied policies build a foundation of trust and accountability which goes a long way to keep the library from undue scrutiny. When you are a consistent, trustworthy institution (as we know libraries are) you can dispel appearances of bias or arbitrariness, making one hurdle towards support and funding easier to clear.  

Make Sure Your Library’s Policies are Thorough

Policy should be a primary focus of Trustee Boards and Library Directors, who should work together to create the strongest policies possible. The Director will inform the Board with the boots-on-the-ground input about library operations. The Board will offer an outside perspective, different skill sets, and, occasionally expertise (depending on what a Board member does for their day job) and ideally, implement a schedule for reviewing and updating the policies. Make sure your policies have been updated within the last 2 years. If you have a lot of policies that need updating, work together to put a schedule together and consider prioritizing these:  

  • Collection Development *including a request for reconsideration (RfR) process* 
  • Patron Behavior/ Patron Rights and Responsibilities/ Library Use
  • Programming (including a RfR) 
  • Crisis Communication (with scripts)
  • Meeting Room Use 
  • Circulation 
  • Social Media 

Guidelines for Establishing Library Policies

When you are looking through your policies, here are a few general guidelines to keep in mind that can apply to all of them:  

Think in terms of what you can allow
Libraries exist to provide access. A list of restrictions will never be comprehensive enough to cover all possible infractions and only serves to keep your library from being a welcoming space. Setting up expectations and boundaries go a long way to creating a mutual understanding of not just what cannot be done in your library, but what can be done there as well. 

Use plain, clear language
Your policy binder should be a regularly consulted, guiding force in your library. Be as clear and concise as you can so that frontline staff can easily refer to and explain your library’s policies to anyone using your library in a way that everyone can understand.  

Take advantage of your resources
There’s no need to reinvent the wheel. Many a solid policy has been made by taking the most relevant and useful pieces of policies from other libraries and putting them to use in your library. The Massachusetts Library System (MLS) has an extensive collection of library policies for you to use as a starting point. Take a look at other libraries in the state with similar populations, sizes or town governance for ideas as well. Never hesitate to reach out to the MBLC for assistance!   

Consistency is key
Exceptional customer service is a hallmark of standard library operations here in Massachusetts; staff get to know patrons and are able to tailor services accordingly. This should always be our priority, but we need to make sure that our policies are being applied consistently. Your newcomers or occasional users should have no less consideration than your frequent flyers. This is one consideration that can protect you and your staff the most. If you can’t apply your policy to every single person who walks through your doors, you need to revisit it. Otherwise, your policy won’t be able to withstand scrutiny and you, and your staff will lose the credibility and protections your policy is there to provide.  

Think of your staff
Will your staff be able to enforce all of the policies you’re updating? Do your boots-on-the-ground people feel the policies are reasonable? A bit of feedback, especially for policies that are new or heavily revised can go a long way to helping your staff be consistent when the polices are approved by the Board. 

Consider who you’re not reaching (yet)
Every library has groups of patrons that are underrepresented in the library’s services. If you are weaving in concepts of inclusion; taking into account different cultures, abilities and perspectives; working to ensure that all community types are welcome in your library directly into every policy, then your policies will be more accessible to everyone who comes through your doors. The more accessible they are, the easier they will be to understand, enforce and apply consistently. 

Have your drafted policies reviewed by an attorney
Most cities and towns have a solicitor they use for advice. Given that most MA libraries are town departments, you should avail yourself of their services for advice on your policies. An attorney comes with a knowledge of recent case law and what is enforceable. Your municipality should appreciate your efforts. Any initial investment in reviewing your policies will provide long-term protection and cost-savings for your municipality overall.  

Train Staff and Review Policies Regularly

As much as we would love it to be the case, policy is never a one-and-done situation. Make sure you’re devoting time to remind and train everyone on your staff throughout the year. Make sure there is a digital copy of the policy binder that all staff can access, give your policies dedicated space on your library’s website, and make sure there is at least one full, printed copy of the policy binder at every service point. (Bonus points if you have printed out extra copies of policies that may frequently come up, so your staff is ready to give a copy to patrons.)  

If a policy no longer works for you, you have the right to change it. You do not have to wait until the policy is up for its next review to make tweaks. If you or your staff are finding a policy difficult to follow or enforce, or if you are finding that a policy cannot be applied equitably for all library users, work in changes that make more sense and get the changes on your next Board agenda.  

Most people did not get their MLIS in hopes that they would be able to craft sound library policy one day. However, getting your policies in order will help you and your staff do the other important work of librarianship more confidently and with less stress. Please don’t hesitate to reach out to the MBLC for assistance on policy considerations or helping Boards of Trustees get up to speed with needed policy changes. 

Contact Tracing and Libraries

By Maura Deedy, Library Advisory Specialist at the MBLC

This post is intended to educate the library community, and is not and should not be interpreted as legal advice. We recommend specific questions should be addressed with a local Board of Health or local legal counsel.

Librarians have been concerned with some of the sector specific guidelines that required keeping a log of visitors for contact tracing, such as office spaces. Directors and library staff have reached out to Massachusetts Board of Library Commissioners (MBLC) for clarification. MBLC staff communicated these concerns to the Department of Public Health (DPH) and communicated with Privacy Officers about concerns that visitor logs would be a violation of MGL Chapter 78 Section 7 which states “the part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record”.

The Governor’s specific guidance for libraries that was released on June 8 does not include keeping a log of visitors. MBLC does not recommend keeping such a log. We do not see a role for keeping this kind of information according to the state’s current contact tracing strategy.

Give current library operations, which most are curbside or circulation desk pick up, or appointment based services the amount of interaction between library staff and patrons should be very limited and very short. Future phases may include limited browsing or access to technology, which may increase the amount of time people are interacting but may not be sustained close contact.

That said, we wanted to share with the library community our understanding of contract tracing:

When a person tests positive for COVID-19, DPH will contact the local board of health (LBOH) where the person lives. The LBOH reaches out to the positive resident to learn who they have been in contact with. The contact tracers will ask for a list of all the people the covid-19 positive person has been within six feet of during the two days before they had symptoms or close contact as defined by the CDC. If the person does not have symptoms, the contact tracers will ask about the activity during the two days prior to diagnosis.  The contact tracers will ask for the phone numbers of those people, and follow up with them. The name of the person who tested positive is kept private, as part of HIPAA laws.

Source: https://www.mass.gov/info-details/learn-about-the-community-tracing-collaborative

Close Contact Definition: “Someone who was within 6 feet of an infected person for at least 15 minutes starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to specimen collection) until the time the patient is isolated” according to the CDC. Source.

July 7, 2020 Update:
Sector specific guidance that was released on July 6 for libraries included this mandatory safety standard: “Maintain a log of workers and patrons to support contact tracing (name, date, time, contact information) if needed”.

We will continue to communicate our concerns to the Department of Public Health and the Reopening Advisory Board that contact tracing in libraries violates patron privacy laws. We do not see a role for this information. While contract tracing is essential for public health, we have concerns that the library community was not consulted on the inclusion of this mandate nor was our recommendation that it not be included heeded.
We will update this blog post as needed.

Best Practice for Trustees: Town and City Charters

By Rob Favini, Head of Library Advisory and Development at the MBLC

The laws that establish the authority and role of library trustees can be found in the Massachusetts General Laws Chapter 78. It is important to know that in some instances, state laws governing Libraries and trustees are superseded by local laws found in town and city charters. Trustees should be aware of all established and proposed local laws that pertain to the organization and management of their library. Today’s Trustee Handbook Focus looks at local charters and how they impact libraries.

TOWN AND CITY CHARTERS and HOME RULE PETITIONS

Some Massachusetts municipalities are governed by special legislation or a charter, components of which may or may not relate directly to the library. It is critical for trustees to know if their municipality has such a charter or has plans to implement one, and if so, how its provisions affect their library. While trustees have traditionally looked to Massachusetts General Laws Chapter 78 to delineate the rights and responsibilities of trustees to exert “custody and management” over public libraries, a local charter will take precedence over Massachusetts General Laws.

If your community is planning a charter change or adoption, make sure that at least one trustee becomes familiar with the charter reform process, and is informed every step of the way about proposed changes. A proactive board is a well-informed board which serves as a partner in the change process. It is much easier to keep unfortunate changes out of the charter than to try to fix problems after the fact. The following are issues which may not constitute the main thrust of the changes to the charter, but may somehow “sneak” in if trustees don’t pay careful attention:

  • Who will the director report to? In some towns, the town administrator has the authority to appoint department heads. Make sure that the power of the library board is not eroded; in other words, make sure it is spelled out in the charter that the board of trustees governs the library and appoints the director.
  • Will the library be grouped with other town departments for purposes of efficiency? The library could lose its status as a separate department, becoming combined with other departments which do not share common missions or organizational/operational methods.
  • Will all human resource functions be centralized? Under whose control? Trustees should help develop a municipal plan for the transfer of employees between departments. Make sure the library director has responsibility for the hiring, dismissal, and supervision of library personnel.
  • Any charter proposal should contain provisions specifying the duties and powers of the board of trustees. Make sure the board has control of the library’s budget, personnel issues, and policy making authority.
  • Another issue that might be introduced is the number and kind of trustees. Monitor for proposals that would change the way trustees are elected or appointed. Who has the authority to appoint trustees? Will there be ex-officio trustees (those appointed by virtue of their office, i.e. selectmen and clergy) who may change the constitution of the library board?

If your municipality is considering a charter or home rule change, it is imperative for your board to be involved and aware of the seriousness of the issues at stake. If charter reform, home rule petition or other effort is underway to revamp municipal power and decision-making, the library should get involved from the start to advocate for wording which exempts the library from being under the control of another municipal department or officer.

Trustee Tip!
Successful boards of trustees know what’s happening in their communities and are active players in the local political process. Remember that it is your responsibility as a trustee to advocate for the best possible library services and practices. Library boards that stay active and involved in community affairs yearround are better positioned to make their case for the library than boards that wait until “crunch time” to get involved.

Today’s Trustee Handbook Focus can be found on pages 39 – 41 of the Massachusetts Public Library Trustee Handbook.

For more information about all services and resources available to trustees please visit the MBLC Trustee page (https://mblc.state.ma.us/for/trustees.php).

Have a question relating to your board? Contact Maura Deedy (maura.deedy@mass.gov) or Rob Favini (robert.favini@state.ma.us)

Please join us at the MBLC’s Trustee Institute, April 27th! For information and registration: https://mblc.libcal.com/event/5158107?hs=a