The Charlotte Library

Policies

 

Revision adopted January 5, 2010

 

 

 

 

 

 

 

 

 

115 Ferry Road

Charlotte, Vermont  05445

802-425-3864

www.charlottepubliclibrary.org

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table of Contents

 

 

Mission Statement . . . 5

 

I.  Library Operation . . . 6

            A.  Confidentiality…6

B. General Considerations . . . 7

C.  Rules of Conduct. . . 8

D.  Children in the Library. . . 9

            E.  Building Use . . .9

            F.   Safety….10

 

II.  Collection Development . . . 10

A.     General Considerations . . .10

B.     Gifts . . .11

C.     Procedure for Reconsideration of Materials . . .12

 

III.  Computer and Internet Use. . .13

A.     Electronic Access. . . 13

B.     Wireless Access. . . 14

 

IV.  Personnel . . .15

            Sec. 1   Purpose and Administrative Authority. . . 15

            Sec. 2   Definitions. . . 16

            Sec. 3   Employment Standards. . . 16-20

            Sec. 4   Employee Compensation. . . 20

Sec. 5  Employee Benefits…21-25

            Sec. 6   Personnel Records and Release of Information. . . 25

            Sec. 7   Employee Grievances. . . 25

            Sec. 8   Disciplinary Action. . . 26-29

            Sec. 9   Non-Disciplinary Termination and Resignation. . .29

           

V. Display and Ownership of Art . .29

A.     Exhibits . . .29

B.     Curator. . .29

C.     Review . . .29

D.     Scheduling and Selection . . .30

E.      Responsibilities. . .30

F.      Acquisition. . . 30

G.     Release Form.  . . 30

 

VI.    Exhibits and Displays . . .30

 

VII.  Friends of the Charlotte Library and Other Advocacy Groups . . .31

 

VIII. Library Volunteers … 32                                              

 

IX.   Review and Revision of Policies . . .32

 

Appendices . . .

            A.  Library Bill of Rights

            B.  The Freedom to Read Statement

            C.  Request for Reconsideration of Library Resources

            D.  Town of Charlotte Workplace and Employment Policies


 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mission Statement

 

The Charlotte Library advocates and supports life-long learning by providing information, services, and programs for all ages in a welcoming atmosphere.

 

                                                                                                Adopted:  January 5, 1999

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I.  Library Operations

 

A.    Charlotte Library Confidentiality Policy

 

Confidentiality is an integral part of library services.  Our policy to protect patron privacy and confidentiality is supported by laws of Vermont and by the ethics and practices of librarianship.  Vermont’s Statue No. 129, Confidentiality of Library Patron Records, requires that all library patron records remain confidential.

 

1. CHOICE AND CONSENT

 

To provide a patron with borrowing privileges, library staff must obtain certain information about a patron in order to open a library account:

 

User Registration Information:  name, address, phone and email;

 

Additional information may also be available:

 

o       Circulation Information of current materials borrowed or requested

 

o       Program registrations

 

For protection of our patrons, parents seeking records of their minor children, children under the age of 16, may be asked to provide proof of their children’s ages as well as evidence that they are the custodial parents.

 

2.  ACCESS BY USERS

 

Patrons may be asked to provide appropriate identification to verify their identities and may be asked to view or update their personal information in person.

 

3.  COMPLIANCE WITH THE LAW

 

The library will comply with all lawfully issued court orders and subpoenas that are properly served upon it and will furnish the documents and materials specifically listed in such court orders or subpoenas.

 

1.      It is further understood that compliance with validly issued court orders does not eliminate the right of the library to challenge that these were issued in a proper legal manner.

2.      The library will follow established procedures in responding to requests from law enforcement personnel.

3.      Library records that may be the focus of law enforcement requests include electronic, print and other forms of records containing patron information.

 

Under Vermont law, a parent or guardian of a child under age 16 who has a library card may request and receive circulation records pertaining to the child.  A parent or guardian must have the written or verbal permission from a child age 16 or over who has a library card to request and receive the following information regarding that child’s circulation records:

 

o       The number and titles of overdue books on the card, if any

o       The amount of any fines and/or fees associated with the record.

 

All staff members must adhere to the library’s Confidentiality Policy and related procedures.  All library personnel, including volunteers, shall be fully informed on this policy and its procedures and are responsible for knowing what their roles would be in the situations described.

 

B.     General Considerations

 

The services of the Library are provided free of charge to the residents of Charlotte. 

 

The Library will meet the minimum standards for Vermont public libraries.

 

The Library will be open at hours convenient to the community within the constraints of the yearly budget.  The Library is closed on the following holidays:

 

New Year's Day

President's Day

Town Meeting Day

Memorial Day

Independence Day

Labor Day

Columbus Day or Veterans’ Day

Thanksgiving (two days)

Christmas (two days)

New Year's Eve day

 

Residents may register as borrowers without charge.  Non-residents may be charged an annual fee.

 

Library users will fill out a registration card and be given a library card with an identifying number and expiration date.  Parents will be asked to sign registration cards and be responsible for materials signed out for children under the age of 14.

 

6.       Library materials may be borrowed for a period of two weeks renewable for another two-week period unless on request by another patron.  Materials may be renewed by telephone.

 

7.      In general, reference, special-demand, and irreplaceable materials will be used in the Library.  Such materials may circulate at the discretion of the Library Director.

 

8.      There is no charge for overdue materials. Borrowers will be charged the replacement cost of materials lost or damaged beyond repair.

 

9.      Library privileges may be revoked and/or reinstated at the discretion of the Library Director and the Board of Trustees. Grounds for denial of library privileges include:  negligence in returning library materials when due, failure to make restitution for lost or damaged materials, or failure to adhere to library policies.

 

10.  The Library will keep circulation statistics, which may be reported in the town’s annual report.  The Library recognizes, however, that its circulation records and other records that link the names of library users with specific materials are strictly confidential.  These records shall not be made available to any party except as required by law.

 

11.  The Library is governed by a board of five trustees.  One trustee is elected each year at Town Meeting to serve a five-year term. Trustees’ meetings are held on the first Tuesday of each month, except August.

 

12.  The Trustees and the Library Director shall prepare a yearly budget and present the proposed budget to the Select Board for approval.

 

C.    Rules of Conduct

 

The library is a public space, and Library patrons and staff share the responsibility for making it a safe and welcoming place.

 

1.      Library patrons will respect the rights of others to use the Library in peace.  Respectful behavior includes but is not limited to:

a.       Not using abusive, threatening or obscene language in the Library,

b.      Using cell phones only in the Library entryway,

c.       Wearing shirt, shoes and appropriate clothing in the Library,

d.      Not using Library facilities for bathing, shaving, etc.,

e.       Bringing only service animals, or animals used as part of a program into the library.

2.      Library patrons will treat Library materials and other Library property with care.

3.      Children under the age of 10 shall at all times be attended and supervised by a responsible adult, unless they are at the Library for a library program for which they are registered.  Children age 10 and older may use the Library unattended provided that they adhere to the Library’s rules and policies.  [See also Section D.  Children in the Library.]

4.      Smoking, the consumption of alcohol, and the use of illegal substances are prohibited in the Library.

5.      Anyone posing a health or sanitary risk will be asked to leave the Library.

6.      Library users will follow all safety instructions given by the Library staff.

 

Library patrons whose behavior is disruptive or who interfere with others’ use of the Library will be required to leave the library.  Repeated violations will result in permanent loss of access to the Library.

 

D.   Children in the Library

 

1.      Parents or legal guardians are always responsible for the well-being and safety of their children.

 

2.      Preschool children shall at all times be attended and adequately supervised by a responsible adult.  Children age 10 and older may use the Library unattended provided that they adhere to the Library’s rules and policies.

 

3.      The Library is not responsible for enforcing the restrictions a parent deems appropriate in terms of the materials the child may access.

 

4.      The Library assumes no responsibility for children of any age left unattended.  Further, parents or legal guardians assume all liability for damage done by their children to the Library.  This includes damage to materials, computers, furnishings, and to the facility itself.

 

E.   Building Use

 

Bearing in mind the size constraints of our facility and the scheduling logistics overseen by the Library Director, the Library is available for group meetings of non-profit or community service organizations free of charge, on a first-come, first-served basis subject to the following conditions:

 

1.  Groups include:  organizations representing Charlotte government; private, not-for- profit entities approved by the Library Director and/or Trustees;  individuals and groups as well as for profit entities approved by the Library Director and/or Trustees

 

2. Space reservations for the use of the Library must be made with the Library Director at least one week in advance.

 

3. A library use form shall be filled out and filed with the Library Director one week in advance of the meeting time (when possible). The organization, including a named Charlotte resident associated with the event, will assume all liability for any damage that occurs. The Library Director and/or Board of Trustees may require the organization to provide a damage deposit.

 

4.      If the event may reasonably be expected to attract more than 25 people, the Library may request proof of liability insurance, naming The Charlotte Library as additional insured,  no later than 24 hours prior to the meeting time, and the organization sponsoring the event may be asked to provide a private security officer at the discretion of the Board.

 

5.      No admission shall be charged.

 

6.      Use of the library computer system during such events is limited to wireless Internet access only.

 

7.      The facility must be cleaned up and left in the same condition as it was prior to the event.  If applicable, the lights shall be turned out, doors (and windows) shall be locked, and the key shall be returned promptly.

 

8.      Refreshments  (with the exception of alcohol, which is not permitted) may be served by groups using the Library.

 

9.      There will be no smoking in the Library at any time.

 

F.  Safety

 

The Board of Trustees approves procedures to be followed when the safety of the public, staff, library materials, or library facility is at risk. Written plans cover weather, physical  plant, medical and/or life-threatening emergencies. The library staff receives regular periodic training in these procedures.

 

[See also Personnel, Section IV: Q. Workplace Health and Safety, page 21.]

 

                                                                                               

II. Collection Development

 

A.     General Considerations

 

1.      The Library will strive to develop and maintain a well-balanced collection of the best and most useful materials available, in view of the overall needs of the community and within the limits of the yearly budget.  The Library’s collection will include any materials that help meet its objectives, such as books, periodicals, newspapers, pamphlets, audio and video recordings, and computer software. 

 

2.      The Board recognizes the rights of library users to have free access to the widest diversity of views and expressions as guaranteed under the First Amendment to the Constitution.

 

3.      It is understood that neither the library staff nor the Board needs to endorse every idea or presentation contained in the materials that the library makes available.

 

4.      The Board believes that censorship is a purely individual matter and declares that, while anyone is free to reject for oneself materials that do not meet with one’s approval, one cannot exercise this right of censorship to restrict the freedoms of others. 

 

5.      The Board supports the principles of intellectual freedom inherent in the First Amendment of the Constitution of the United States and as expressed in the Library Bill of Rights and the Freedom to Read Statement adopted by the American Library Association (see Appendices).  The Board further declares that whenever censorship is involved, no book or library material shall be removed from the Library unless required by law.

 

6.      The Library Director is responsible for selecting, acquiring, and evaluating library materials, using standard library acquisition methods and tools.  Any material so selected shall be held to be selected by the Board.

 

7.      The Library welcomes suggestions and requests from its users, which will be considered in the purchasing process.

 

8.      Selection of library materials shall be made in consideration of their general interest, information value, and consistency with the Library’s mission.  The Library will attempt to include within the collection materials presenting all points of view with no exclusion due to the race or nationality or the social, political, or religious views of the authors.

 

9.      The Library will strive to provide materials appropriate for all ages and reading levels.

 

10.  The Library will rely on interlibrary loan for materials beyond the scope of its collection and will make its materials available to other libraries.

 

11.  The Library Director is responsible for systematically weeding the collection, guided by the Library’s objectives and the available space.

 

 

B.     Gifts

 

The Library accepts gifts of books and other materials on the condition that the Library Director has the authority to make whatever disposition is deemed advisable under the Library’s selection policy. 

 

Gifts of money, real property, and/or stock will be accepted if conditions attached thereto are acceptable to the Board of Trustees.

 

 

C.      Procedure for Reconsideration of Materials

 

1.      Despite the quality of the selection process, the Board recognizes that occasional objections to library materials may be made by members of the community. If a complaint is made, the following procedures shall be followed:

 

  1. The Library Director will discuss the selection policy and procedure with the patron without commitment.  A patron’s request for reconsideration will be treated with courtesy and respect.

 

  1. A person wishing to have any materials reconsidered or withdrawn shall complete a Request for Reconsideration (see appendix).  The challenged materials will remain on the shelves and in circulation during the reconsideration process.  The Board will be informed of the challenge as soon as possible.

 

  1. After receiving the Request for Reconsideration, the Library Director will review the challenged material and make a recommendation to the Board within 10 working days.

 

  1. The Library Director and/or the Board of Trustees may request the appointment of an ad hoc committee to review the challenged materials within 15 working days of such appointment.  The appointment of the committee is the responsibility of the Board.

 

  1. The review committee will take the following steps after receiving the challenged materials:

 

i.                     read, view, or listen to the material in its entirety;

ii.                   check general acceptance of the material by reading reviews and/or consulting recommended lists;

iii.                  determine the value of the material to the collection, according to the materials selection policy (see General Consideration, section IIA, above), and judging it for its strength as a whole and not in part;

iv.                 submit a written recommendation to the Board of Trustees within 10 days.

 

  1. The Board will act upon the written recommendation of the review committee at its next regularly scheduled meeting and announce its decision.

 

  1. Materials that meet the purposes of the Library or that meet existing needs or interests will not be removed from the Library because of pressure by individuals or groups.

 

  1. It is the responsibility of parents or legal guardians to determine what their children – and only their children – may read, use, or borrow.  The selection of materials and development of services by the Library will not be restricted by the possibility that young people may obtain materials that their parents or legal guardians consider inappropriate.

 

  1. Access to library materials will not be restricted except in cases where, at the discretion of the Library Director or Board, the materials have a historical or other value necessitating their restricted use.

 

2.  For policies related to computer and Internet use, see Section III.

                                                    

 

III.     Computer and Internet Use

                            

A.  The following policies govern any access to electronic information in the Library:

1.      The Library has no control over the information available on the Internet, and not all information from Internet resources conforms to the Library's selection and collection development policy (see Section II. Collection Development).

2.      We recognize that the Library, as a public facility, receives visitors of all ages and sensibilities. Patrons, including minors, must be sensitive to the rights of others in viewing materials (text or images) in this public space.

3.      The Library affirms the right and responsibility of parents to guide their children's use of all Library resources, including the Internet. The Library is not in a position to enforce parental restrictions and does not assume any responsibility for the supervision of children who are minors or for their access of inappropriate materials via the Internet.  

4.      The violation by any patron, including minors, of any federal, state, or local law governing information access, including but not limited to copyright law, is prohibited.

5.      Any illegal activity will be dealt with to the full extent of the law.

6.      Patrons may not use personal software or personal storage devices on Library-networked computers.  The Library is not responsible for any damage to or loss of patron's data that may occur while using any Library computer or Internet connection.

7.      Any attempt to alter, remove, or add hardware or software configurations to the Library computer network or any individual Library computer is prohibited.

8.      Any damage to the Library’s computers or damage or loss of the Library's computer-related materials will be charged (at replacement value) to the patron responsible or to his/her parent or guardian.

9.      The use of the Library computers is not secure; infringement of a patron's rights is possible and is not the responsibility of the Library.  All library patrons should take care to protect personal information, including names, telephone numbers, and credit card information when using Library computers.  The Library is not responsible for protecting personal information, including that gathered by outside web sites.

10.  Users who contravene these policies, or other policies of the Library, may, at the discretion of the Library staff, have their computer and/or Internet privileges revoked.  (See Rules of Conduct, Subsection B., Section I. Library Operation)       

B. Wireless Access Policy                                                    

 

1.      The Charlotte Library provides free wireless Internet access via an open, unsecured wireless network that patrons are welcome to use at their own risk.

 

2.      The Library’s Computer and Internet Use policy [see III. Computer and Internet Use, Section A] governs the use of the Library wireless access.

 

3.      Virus and security protection is the responsibility of the individual patron.

4.      The Library cannot protect users’ privacy and confidentiality on wireless access.  Library wireless users should NOT use the Library’s wireless access to transmit personal, financial or legal information.

 

5.      The Library is not responsible for wireless users who do not respect intellectual property, data ownership, system security and privacy rights.

 

6.      Library staff is not permitted to handle patrons’ computers or computer accessories.  Wireless users are responsible for setting up their own computers.

 

7.      Patrons may plug laptops into designated electrical outlets, making sure that electrical cords do not obstruct common space or otherwise endanger other Library patrons.

 

8.      The Library’s wireless access is subject to periodic maintenance and possible unplanned down time.

 

9.      The Library is not liable for the consequences of wireless network use in any way, including but not limited to the transmission of computer viruses, loss of data or e-mail, security breaches of personal/private information, or any harm resulting from the use of an unsecured server.

 

The Library assumes no responsibility for the safety of any computer equipment that individuals bring to the Library.

 

 

IV.  Personnel

CHARLOTTE LIBRARY  PERSONNEL POLICIES

 

INTRODUCTION

 

The Charlotte Library, Charlotte’s public library, is a department of the Town of Charlotte and also works in cooperation with the larger Vermont library community and the Vermont Department of Libraries. The affairs of The Charlotte Library are managed by The Charlotte Library Board of Trustees.

 

 SECTION 1.          PURPOSE and ADMINISTRATIVE AUTHORITY

 

A.       The purpose of this document is to provide information to library employees and other interested parties regarding the policies and related procedures that apply to employment by The Charlotte Library and the Town of Charlotte.  The Charlotte Library staff members are paid from the Library’s town-appropriated budget and are employees of the Town of Charlotte. All employees will receive a copy of these personnel policies and of any amendments as they occur.  Employees also will receive a copy of the related document, Town of Charlotte Workplace and Employment Policies.

 

B.       This document does not constitute a contractual agreement and does not constitute a contract for employment in whole or in part. The Library Board of Trustees reserves the right to make permitted additions, deletions, or amendments to any policy, procedure, or benefit by resolution of the Board at any time at any properly warned meeting, except as otherwise committed to by formal contract agreements.

 

C.       The Charlotte Board of Trustees and the Selectboard of the Town of Charlotte have an agreement whereby the Library Board of Trustees adopts library personnel policies that do not conflict with the Town of Charlotte’s personnel policies. (*See notation.)

 

1.1.               Authority of Library Board of Trustees

 

Under Vermont law 22 V.S.A. Ch. 3., secs. 142, 143, 145, the Library board of Trustees is responsible for the operation of The Charlotte Library, which may include the hiring of a Library Director. The Library Board of Trustees chooses to hire a Library Director and gives the Library Director the responsibility for hiring additional library staff.

 

The Library Board of Trustees (hereinafter referred to as the Board of Trustees) and/or the Library Director hire both permanent and temporary employees, full time and part time, as defined below.

 

It is our belief that the employees are the first among the Library’s valuable assets, and as such, every attempt is made to deal with employees in ways that are fair and that will nurture a mutually beneficial relationship between the Library and its staff.

 

The Board of Trustees members shall have the full authority it is granted by law to administer this policy and make decisions regarding the employment of persons for the library including, without limitation, the authority to establish positions, eliminate positions, determine the responsibilities and duties to be carried out in each position, establish necessary qualifications for each position, establish hours of work, determine the compensation and benefits provided to a position, hire employees, establish standards of performance and conduct, conduct performance appraisals, establish procedures for disciplinary action including suspension, dismissal, and termination, and to take appropriate disciplinary action.

This policy shall be applicable to the Library Director and all library employees.

The Board of Trustees and/or the Library Director shall prepare written job descriptions for each position under their supervision. Job descriptions shall set forth the duties and responsibilities of each position, the essential job functions of the position, and the qualifications required to hold the position.  The Board of Trustees and/or the Library Director may, from time to time, modify a job description.  The Board of Trustees and the Library Director also shall prescribe the number of hours per day and per week of actual attendance or duty for employment in positions.  The hours so established shall be construed as the normal workday or work week.

The people who hold the positions to which these rules are applicable are sometimes referred to collectively herein as “employees of the town.”

SECTION 2.           DEFINITIONS

2.1.  Categories of Employees

 

2.1.1. Regular Full-time Employee:  A regular full-time employee works 35 hours or more per week (not to exceed 40 hours per week) on a regularly scheduled continuing basis for an indefinite term.  A regular full-time employee is eligible for employment benefits.

 

2.1.2. Regular Part-time Employee:  A regular part-time employee works 20 or more hours per week but fewer than 35 hours per week on a regularly scheduled continuing basis for an indefinite term.  A regular part-time employee is eligible for employment benefits.

 

2.1.3. Part-time Employee:  A part-time employee works fewer than 20 hours per week and is not eligible for employee benefits.

 

2.1.4. Temporary Employee:  A temporary employee may work full time or part time depending on the position.  Types of temporary appointments include the following:

 

a) Emergency Appointment:  If it becomes necessary as determined by the Board of Trustees and/or the Library Director to fill a position on short notice in order to prevent disruption in services to the public or the conduct of town business, the Board of Trustees and/or the Library Director may fill a full-time or part-time position on a temporary basis in accord with these policies for a period not to exceed ninety (90) days. Persons employed on an emergency basis are not eligible for employment benefits.

 

b) Limited-Term Appointment:  A limited-term     appointment may be made when a specific project requires additional personnel for a specific time period or to fill the job of an employee who is on leave of absence. A limited-term appointment may be to a full- or part-time position and has the related employment benefits.

 

2.2.               Terms Used in these Policies

 

2.2.1. Conflict of Interest:  For the purposes of this document, conflict of interest is defined as any interest or activity--whether financial, personal, public, or private--that conflicts with, or has the potential to conflict with, the impartial performance of an employee’s job duties and responsibilities.

 

2.2.2. Exempt and Non-exempt Employee:  These terms shall be construed according to the Fair Labor Standards Act (29 U.S.C. Sec. 201) as amended in 2004. As referred to in these policies, an exempt employee is one who is exempt from the provisions of the federal Fair Labor Standards Act concerning overtime pay. Generally, an exempt employee is one who is not paid on an hourly basis and is working in an executive, administrative, or professional capacity. An exempt employee is not eligible for overtime pay. (For more information contact the U.S. Department of Labor field office in Burlington.)

 

2.2.3. Dependents:  For health insurance coverage by the town, the term “dependents” shall include those persons defined by the town’s health insurance provider as dependents. 

 

2.2.4. Domestic Partner:  For health insurance coverage by the town, the term “domestic partner” shall be defined as stated by the town’s health insurance provider. 

 

2.2.5. Household Member:  Household members shall include any person living in the home of the employee who relies on the employee for care when he or she is injured or ill.

 

2.2.6. Immediate Family:  Immediate family shall include husband, wife, partner in a civil union, mother, father, sister, brother, daughter, son, step-daughter, step-son, grandmother, grandfather, father-in-law, or mother-in-law.

 

2.2.7. Immediate Supervisor:  As used in this document, immediate supervisor shall mean the immediate supervisor identified in the employee’s position description.

 

2.2.8. Position:  An employment position consists of specified duties and responsibilities assigned or delegated by the appointing authority to be performed by one person who is hired as a full-time, part-time, or temporary employee as defined above.

 

2.2.9. Volunteer:  A volunteer is an individual who provides specified services to the town that have been approved by the Board of Trustees with the understanding that the volunteer is making a contribution of time and effort for which he or she will not be compensated.

 

Work Week:  The library workweek is Monday through Saturday. An individual employee’s workweek shall consist of the number of working hours as scheduled by the Board of Trustees and/or the Library Director.

 

 

SECTION 3.           EMPLOYMENT STANDARDS

               

3.1.               Recruitment, Applications, and Appointments

 

3.1.1. Position Descriptions.  When an established position becomes vacant, the Board of Trustees and/or the Library Director will review the existing position description, determine if it accurately reflects the current situation for that position, and make adjustments as necessary.

When a new position is to be filled, the Board of Trustees and/or the Library Director will develop a position description that includes but is not limited to:

·          job duties and other responsibilities of the position

·          qualifications necessary for performing the job, including skills and experience, and greater than average physical demands, if any, that are desired or required.

 

3.1.2. Posting and Advertising.  Notification that a position is available must be posted at the Library and other places in the community where notices of town meetings and other town business are normally posted.  The position must be advertised in newspapers of general circulation in the town.  The advertisement may be a shortened form of the position description, must state that the town is an Equal Employment Opportunity employer, and must contain, at a minimum, the position title, the necessary qualifications, an application date deadline, and the name and address of the person to whom the application should be sent.

 

3.1.3. Interviews and Reference Checks.  Applicants who best meet the qualifications stated in the employment advertisement will be interviewed in a timely manner by a designee or designees named by the Board of Trustees and/or the Library Director.  The Library shall follow all applicable laws regarding providing “reasonable accommodation” for all interviewees who request it for the interviewing process.

All applications for the position will be kept on file for six (6) years. References provided by applicants who meet the stated qualifications and who interview successfully will be checked.  Current employers will not be contacted unless the applicant gives permission.  These reference checks shall be completed in person or by telephone prior to an offer of employment, and the information shall be made part of the application file.

 

3.1.4. Proof of Citizenship.  An applicant who is offered employment by the Town of Charlotte must provide the Board of Trustees with proof of United States citizenship or legal immigration status in conformance with federal law.  An applicant who cannot provide such proof (Form I-9) shall not be hired by The Charlotte Library until the necessary proof is produced. (See 8 U.S.C. Sec. 2601.)

 

3.1.5. Physical Examination.  All new employees may be required to have a physical examination, at the expense of the town, if the Board of Trustees and/or the Library Director determine that the requirements of the position make an examination necessary.  The examination would occur after employment has been offered. Appointment to a position may be conditional on positive results of the examination.  The specific criteria will be determined by the Board of Trustees and/or the Library Director based on the requirements of the essential functions of the job.  All information obtained as part of the medical examination shall remain confidential and shall be placed in a file separate from the employee’s personnel file. (See Americans with Disabilities Act, 42 U.S.C. Sec. 12132.)

 

3.1.6. Temporary Emergency Appointment Waiver.  If the Board of Trustees declares an emergency hiring situation, any or all of the application process requirements may be waived in order to continue providing needed town services until an employment search as described in these rules can be completed successfully.  This waiver shall be reviewed at ninety (90) days and may be renewed for another ninety (90) days.

 

3.1.7. Selection and Appointment.  Selection of a person for employment in a library position that is made by the Board of Trustees and/or the Library Director shall be made based on appropriate criteria, which include experience, applicable education and training, knowledge, technical skills, interpersonal skills, and physical fitness (when necessary for the essential functions of the position).   

 

Interviewers’ rankings of the candidates must be kept on file. 

 

A candidate who is selected for employment will be notified verbally by the Board of Trustees and/or the Library Director, followed by a written confirmation of the offer, the job title, the starting date, the salary and benefits, and the duties of the position.  The candidate who accepts the position will be required to sign the offer letter, thereby making the offer final.

 

3.1.8. Job Openings.  An announcement of a job opening will be posted first in the Library five (5) working days before the announcement is made to the general public. Promotion from within the Library staff in every case must involve a definite increase in duties and responsibility and shall not be made merely for the purpose of increasing the employee’s compensation.

 

3.1.9. Initial Probationary Period.  All employment offers for new employees for greater than ninety (90) days shall be made with the understanding that the appointment is subject to an initial probationary period of six (6) months.  The probationary period may be reduced at the sole discretion of the Board of Trustees and/or the Library Director. 

 

One month before the end of the probationary period, the Board of Trustees and/or the Library Director may meet to review the work of the new employee.  During the probationary period, the Board of Trustees and/or the Library Director may dismiss an employee who is unable or unwilling to carry out the duties of the position satisfactorily or whose performance and dependability are not adequate or reliable.

 

3.2.     Standards of Job Performance

 

3.2.1. Probationary Employees.  Each new employee must be given a copy of his or her position description at the time of employment.  The position description states the duties and responsibilities of the position and the necessary qualifications.  By accepting employment by the Town of Charlotte, each employee is obliged to meet the responsibilities and perform the duties as presented at the time the employment offer is made.

During a new employee’s first month on the job, a designated Trustee or the Library Director shall meet with the new employee to discuss, agree upon, and record in writing the performance objectives for the employee’s first six (6) months or other time period.  When the new employee’s performance is reviewed before the end of the probationary period, these objectives will form the basis for the evaluation of performance.  In addition, the employee’s conduct will be evaluated against the town’s Standards of Conduct. (See Section 3.4.)

 

3.3.      Performance Review and Appraisal

 

The Board of Trustees is responsible for reviewing and appraising in writing the Library Director’s performance at least annually. The Library Director is responsible for reviewing and appraising in writing each staff member at least annually.  (See Attachment A, Town of Charlotte Performance Appraisal Form.) 

 

3.3.1. Performance Conference.  A conference will be scheduled with each employee at which time the employee will receive a written appraisal of his or her performance. At this conference the employee will submit his or her own self-appraisal that specifies his or her perceived accomplishments, any areas where improvement is needed, and the employee’s suggested objectives for the next year.

After the appraisal has been discussed with the employee and amended if necessary as a result of the conference, objectives for the employee will be established for the next year. The final appraisal must be signed by the Board of Trustees members and/or the Library Director and the employee.  The signature of the employee indicates that the appraisal has been presented to the employee and discussed; the employee’s signature does not mean that he or she agrees with the appraisal. The signed appraisal will be given to the employee, and a copy will be placed in his or her personnel file.  The employee may read his or her personnel file at any time during normal business hours in the presence of a member of the Board of Trustees or its designated representative. (See Section 6.)

 

3.3.2. Corrective Probationary Period.  The Board of Trustees and/or the Library Director may establish a corrective probationary period for an employee who has received an unsatisfactory appraisal at the annual performance review conference.  At the discretion of the Board of Trustees and/or the Library Director, this period may be for a period of up to ninety (90) days.

A positive appraisal reflecting improved performance before the end of the corrective probationary period may result in the cancellation of the probation.  Failure to improve performance during the corrective probationary period may result in suspension with or without pay or termination at the end of the period.  There will be no reduction in pay or loss of fringe benefits during the corrective probationary period.

 

3.4.               Standards of Conduct

 

3.4.1. General Obligation. The Charlotte Library strives to     provide services to its patrons and has a responsibility to perform in the most effective and efficient manner possible. Discipline and/or discharge will result from any action or inaction resulting in anything less than satisfactory performance. All employees will be fairly and consistently subject to disciplinary and discharge procedures, given the facts of the individual case.

Employees of the library are expected not only to perform the technical requirements of their jobs competently but also to conduct themselves in a professional and respectful manner in interactions with the Board of Trustees, the Library Director, town residents, other employees, and the general public.

 

3.4.2.  Attendance at Work.  The Board of Trustees and/or the Library Director shall determine and make known the number of hours per day and per week of attendance on duty required in each position. Hours so determined shall constitute the workday and work week for each position. All employees are expected to be at work and arrive on time.  If an employee unexpectedly cannot report for work or is delayed and is going to be late, he or she must notify the Library staff on duty as soon as possible and state the reason.

Employees shall not be absent from work without approval. All employees must have their vacation schedules approved by the Board of Trustees and/or the Library Director and must have approval for the use of personal days 24 hours in advance except in case of an emergency. An employee who does not report to work for three (3) consecutive days and does not provide a satisfactory explanation shall be considered to have abandoned his or her position.     

 

3.4.3.  Relationships with Other Employees or Supervisors.  Employees are expected to accept and carry out directives related to their job descriptions from their immediate supervisors in a timely and effective manner and to maintain professional and productive relationships with their co-workers.

All employees must read, be familiar with, and conduct themselves according to the provisions of the Town of Charlotte Harassment Policy. (See Town of Charlotte Workplace and Employment Policies.)

 

3.4.4. Workplace Safety.  All employees must read, be familiar with, and abide by the health and safety policies of The Charlotte Library and the Town of Charlotte. (See Town of Charlotte Workplace and Employment Policies.)  Employees must not be under the influence of drugs or alcohol while on duty.  Employees must not carry any weapons while engaged in town business unless they are authorized to do so by the Selectboard.

Employees must avoid any action or conduct that presents a threat to the safety of the public, co-workers, or town property.  The Library Director and/or the Board of Trustees must be notified as soon as possible in the case of unsafe equipment, personal injury, or damage to property that occurs on town property.

 

3.4.5. Use of Town Property.  Employees shall not use town property or equipment for any private, personal, or political purpose without written authorization from the Board of Trustees or its authorized representative.

 

3.4.6. Political Activity.  Employees may--outside of work hours and outside of the workplace:

·          Become members of political parties

·          Attend political meetings

·          Express opinions on public issues

·          Support candidates for public office, and

·          Run for public office unless that is prohibited by any federal, state, or local law or regulation.

 

Employees may not during work hours and in the workplace request from any other employee:

·          Participation, direct or indirect, in any political activity

·          Membership in any political organization or party

·          Contributions for any political party, organization, or candidate

·          A signature on any petition supporting a candidate for office, or

·          A signature on any petition supporting a position or opinion on any public question.

 

In addition, employees may not use their positions or authority as town employees in order to promote or impede the cause of any candidate for office or any public issue or question. Employees may not use town facilities, equipment, or supplies in order to promote or impede the cause of any candidate for office or any public issue or question.

               

3.4.7. Confidentiality.  No employee shall disclose any confidential information relating to the officers, employees, transactions, property, or affairs of The Charlotte Library unless required by law or authorized to do so by the Board of Trustees and/or the Library Director.             

 

3.4.8. Outside Employment.  While employed by the Town of Charlotte, employees (full-time and part-time) may not take another job that interferes with or impairs their performance of town duties or that represents a conflict of interest.

 

3.4.9.  Conflicts of Interest.  Employees of the town shall not engage in any activity--financial, personal, public, or private-- that involves a conflict of interest with their town duties and responsibilities.  Further, to maintain the public trust, town employees shall try diligently to avoid any situation that has the potential for conflict of interest or the appearance of a conflict of interest.

               

a) Contracts.  No employee of the Town of Charlotte shall have a beneficial interest, directly or indirectly, in any contract with the town, regardless of amount, or furnish any material, or perform any labor, except in the discharge of his or her official duties, unless such contract shall have been awarded upon bids advertised for by newspaper publication.  Such publication shall run at least two (2) times in newspapers having general circulation within the town. The second publication shall run at least seven (7) days before the published date for the opening of such bids. In the event of any emergency where immediate action shall be deemed by the Board of Trustees to be more important to the town than the receipt of formal bids, this section shall not apply.

 

b) Financial and Personal Interests.  No employee of the Town of Charlotte shall use his or her position to secure special privileges for him or herself or for others. No employee of the town shall take part in any decision concerning the business of the town in which he or she has a direct or indirect financial or personal interest greater than that of any other citizen or taxpayer in the town. If his or her official duties require an individual to take action in respect to any matter in which he or she has a financial or personal interest, he or she shall recuse himself or herself from participating in any manner in the consideration or disposition of the matter.

 

c) Favoritism.  No employee of the Town of Charlotte shall provide consideration, treatment, or advantage to anyone that is more favorable than the treatment normally accorded to members of the public at large.

 

d) Gifts or Other Valuables.  No employee of The Charlotte Library shall accept or give, directly or indirectly, any gift, service, money in excess of $20, favor, loan, promise, or any other thing or service of value that is intended to be, or could be considered to be, payment for special treatment or an effort to affect the discharge of official duties.

Any person employed by The Charlotte Library who receives a gift or is offered a gratuity in excess of $20 from any source because he or she is a town employee shall within twenty-four (24) hours inform the Library Director and the Board of Trustees who shall decide whether such a gift or gratuity may be accepted.  Failure to report such gifts or gratuities, or any offer thereof, may present grounds for suspension or dismissal of an employee.

 

e) Nepotism.  No employee shall appoint or attempt to influence the appointment of any person related to him or her by blood, marriage, or civil union to any employment position for which compensation is received from the town.

 

 

SECTION 4.           EMPLOYEE COMPENSATION

 

4.1         Pay Plans  

 

Pay for each position shall be established annually by the Board of Trustees.

 

4.2.               Regular Rates of Pay

 

The regular rate of pay for a position for which an annual salary is established shall be determined by dividing the annual salary by the number of regularly scheduled hours to be worked during a year.  For each pay period an employee working in a salaried position shall be paid the annual salary divided by the number of pay periods in the year.

The regular rate of pay for a position for which an hourly rate of pay is established shall be the hourly rate of pay.  For each pay period an employee working at an hourly rate shall be paid the regular rate of pay for his or her position times the actual number of hours worked during the pay period

 

4.3.               Overtime Pay

 

Any non-exempt employee who works in an hourly position who performs required work that has been authorized by the

Board of Trustees or his or her immediate supervisor for more than forty (40) hours during a single work week and whose approved time sheet shows those hours shall be paid at an hourly rate equal to one and one-half  (1½) times the employee’s regular hourly rate of pay for all time worked in excess of forty (40) hours.  

An employee who works in a salaried position with executive, managerial, or professional responsibilities is generally “exempt” from the overtime provisions of the Fair Labor Standards Act.  In addition, certain administrative positions are exempt. Exempt employees are not eligible for overtime pay but may request compensatory time off.  (For specific information on overtime pay, see the federal Fair Labor Standards Act as amended in 2004, or contact the U.S. Department of Labor field office in Burlington.)

   

4.4.          Time Sheets

Each employee shall fill out his or her weekly time sheet, including arrival and departure times and noting sick days, vacation, or other types of leave.  The employee must sign the time sheet and submit it to the Library Director for approval and filing.  The Library Director submits the time sheets to the Town Treasurer for payment.

 

4.5.          Leave Pay

 

An employee who is on approved sick/injury leave, vacation leave, or other approved leave and who is eligible for compensation shall be paid at the regular rate for his or her position based on the number of leave days earned.  Holidays occurring during an employee’s vacation leave shall not be charged to his or her vacation time.

When the Board of Trustees has been made aware that an employee is absent without approved leave, the employee may have to forfeit pay for the time he or she is absent from work, at the discretion of the Board of Trustees.        

An employee who leaves the service of the town voluntarily, involuntarily, or upon retirement shall be paid for unused vacation time, not to exceed a total of fifteen (15) days. 

No compensation shall be paid for any unused portion of sick/injury leave days remaining.

 

SECTION 5.           EMPLOYEE BENEFITS

 

5.1.               Health Insurance

 

Information on current rates, types of coverage, and the application process for enrolling in the health insurance plan offered by the town is available from the Selectboard or the Town Clerk.

 

5.1.1 Eligibility.  Health insurance coverage is made available to regular full-time and regular part-time employees and their dependents as soon as they are hired. For the purpose of determining health insurance coverage eligibility, “regular full-time employees” will be defined as “employees with a regularly scheduled work-week of 30 or more hours” and “regular part-time employees” will be defined as “employees with a regularly scheduled work-week of 20 or more hours, but less than 30 hours.” Health insurance is available as a supplemental policy to retirees and others (as defined by the health insurance provider) who are eligible for Medicare. (See Attachment B, Town of Charlotte Retiree Health Insurance Policy.)

 

5.1.2. Cost.  The town pays a percentage of the health insurance premium cost, and employees who are eligible for health insurance coverage are required to pay a percentage of the cost.  For regular full-time employees, the town pays 90% of the premium cost and the employees pay 10%. For regular part-time employees, the town pays 50% of the premium cost and the employees pay 50%.

 

5.2.               Workers’ Compensation Insurance 

 

As required by Vermont law, town employees are covered by Workers’ Compensation Insurance (21 V.S.A. Sec. 601).  Information on rights and benefits for employees injured on the job is available from the Town Clerk and the Vermont Department of Labor and Industry, Workers’ Compensation Division, in Montpelier.

 

5.3.               Leaves of Absence

 

5.3.1. General Policy.  The following types of leave are established for the Library: holiday leave, vacation leave, sick/injury leave, medical or family leave, bereavement leave, personal leave, voting leave, jury duty leave, military leave, and leave without pay.  Leave may be approved by the Board of Trustees and/or the Library Director according to the rules established below for each type of leave.

 

Holidays.  The following are the regular holidays established by the Board of Trustees, and the Library will be closed on these days:     

 
    New Year’s Day
    Presidents’ Day
    Town Meeting Day
    Memorial Day
    Independence Day
    Labor Day
    Columbus Day or Veterans’ Day
    Thanksgiving Day (2 days)
    Christmas (2 days)
    New Year’s Eve day

 

Any holiday that falls on a Saturday will be observed on the preceding Friday, and any holiday that falls on a Sunday will be observed on the following Monday.

 a) Compensation.  Regular full-time employees shall be compensated for holiday leave as though they had worked their normal workday.   If a regular full-time employee is required to work on a holiday, he or she shall be paid at his or her regular rate and in addition shall be paid for the holiday. 

Regular part-time employees who work more than twenty (20) hours per week shall be compensated for holiday leave as though they had worked their normal workday.  If a regular part-time employee is required to work on a holiday, he or she shall be paid at his or her regular rate and in addition shall be paid for the holiday.

Holidays occurring during a vacation leave shall not be charged to vacation time.

 

b) Other Holidays.  Regular full-time or regular part-time employees who wish to observe a holiday that is not established by the Board of Trustees shall be given the option to use leave without pay, vacation leave, or a personal day at the discretion of the Library Director.

 

5.3.3. Vacation Leave.  Vacation leave is based on continuous service.  Vacations must be scheduled with and approved by the immediate supervisor in consultation with the employee.

 

a) Regular Full-time Employees.  Vacation leave accrues each year from date of initial hire to anniversary date for regular full-time employees as follows:

After one year of service:  two weeks

After five years of service:  three weeks

After ten years of service:  four weeks.

One week is the equivalent of one regular work week and represents the number of days and hours for which the employee is approved to work each week. (See Section 2.2.10.)  Vacation leave must be taken during the year from anniversary date to anniversary date. A maximum of one week of accrued vacation time may be carried over to the next year and must be taken during that year or forfeited.

b) Regular Part-time Employees.  Employees who are regular part-time employees (working more than 20 hours but fewer than 35) will receive prorated vacation leave based on the number of hours approved for the position.  Vacation leave must be taken during the year from anniversary date to anniversary date.  A maximum of one (1) week prorated of accrued vacation time may be carried over to the next year and must be taken during that year or forfeited.

c) Part Part-time Employees: -time employees who work fewer than 20 hours per week may take three (3) weeks of unpaid vacation yearly. Vacation time will be scheduled at the discretion of the Library Director. Vacation time requested in excess of three weeks may be considered but may not be approved if inadequate staffing of the Library would result.

 

5.3.4.                             Sick/Injury Leave      

a) Regular Full-time Employees.  All regular full-time employees are entitled to one (1) day of sick/injury leave per month.  Sick/injury leave may be accumulated indefinitely while an employee is still employed by the town. 

 

b) Regular Part-time Employees.  All regular part-time employees (working more than 20 hours per week) are entitled to sick/injury leave according to the number of hours approved for the position. Sick/injury leave may be accumulated indefinitely while an employee is still employed by the town.

 

c) Applicability of Sick/Injury Leave.  Employees may take sick/injury leave only for themselves or to care for their immediate family or household members. (See Sections 2.2.5. and 2.2.6.)

 

d) Compensation for Sick/Injury Days.  Compensation per day for regular full-time or regular part-time employees shall equal the number of hours approved for the day or days that they regularly work times their straight-time rate.  Paid sick/injury time may not exceed the number of sick/injury days accrued.

 

e) Certification by Physician.  The Board of Trustees may at its discretion require certification by a licensed physician for compensation to be paid during sick leave.

 

f) Lack of Accrued Sick/Injury Days.  When an employee has not accrued enough sick/injury days to cover the number of days needed, he or she may use vacation leave or request leave without pay.  This request must be approved by the Board of Trustees or immediate supervisor.

 

g) Termination and Sick/Injury Leave.  No compensation shall be made for remaining unused sick/injury leave upon termination of employment, whether voluntary, involuntary, or by retirement.

 

5.3.5                         Family or Medical Leave--Serious Illness, Serious Health Condition, Child Birth and Adoption Leave

 

a) Family or Medical Leave.  Employees may be eligible for up to twelve (12) weeks of unpaid leave in any twelve (12) month period under the Family and Medical Leave Act (29 U.S.C. Sec.2611 et seq.) or the Parental and Family Leave Act (21 V.S.A. Sec. 470 et seq.) for a serious illness, serious health condition, child birth, or adoption of a child.  These possible leaves are referred to herein as “Family or Medical Leave.”  The town will allow these leaves in accord with the provisions of the above-stated statutes and their implementing regulations.

 

b) Serious Illness.  “Serious illness” means an accident, disease or physical or mental condition that: (1) poses imminent danger of death; (2) requires inpatient care in a hospital; or (3) requires continuing in-home care under  the direction of a physician.  Leave may be available for a serious illness of the employee, the employee’s child, stepchild or ward who lives with the employee, foster child, parent, spouse, civil union partner, or parent of the employee’s spouse.

 

c) Serious Health Condition.  “Serious health condition” means an illness, injury, impairment, or physical and mental condition that involves: (1) inpatient care in a hospital, hospice, or residential medical care facility; or (2) continuing treatment by a health care provider.  Leave may be available for a serious health condition of the employee that makes the employee unable to perform the functions of the position of such employee.  Leave may be available for a serious health condition of an employee’s spouse, civil union partner, child, or parent to allow the employee to care for such relative.

 

d) Application.  To obtain Family or Medical Leave, an employee must submit an application to the Library Director and the Board of Trustees.  Application forms are available from the Town Clerk.

 

e) Use of Sick/Injury Leave or Vacation Leave.  An employee granted Family or Medical Leave may be eligible to use accumulated sick/injury leave or vacation to continue to receive pay for some or all of the Family or Medical Leave.  Use of sick/injury or vacation leave will not extend the duration of the Family or Medical leave beyond twelve (12) weeks.

 

f) Additional Information. An employee who desires more information about Family or Medical Leave may contact the Library Director and/or the Board of Trustees.

 

5.3.6. Bereavement Leave

Eligibility.  Any employee (part-time or full-time) shall be entitled to a bereavement leave with pay for absence from approved hours of work caused by the death of a member of his or her immediate family or civil union partner.  Paid leave shall be limited to five (5) working days per bereavement for a spouse, civil union partner, child, or parent. For any other bereavement, paid leave shall be limited to three (3) working days per bereavement.  If an employee needs more leave time in the case of death or serious illness of a family member or civil union partner, he or she may use vacation time or leave without pay, subject to the approval of the Library Director and/or the Board of Trustees.

 

5.3.6.  Personal Leave

Eligibility.  Each regular full-time employee shall be eligible for two (2) paid personal days per year to attend to personal matters.  The employee must notify the Library Director and/or the Board of Trustees or immediate supervisor twenty-four (24) hours in advance for approval of personal leave, except in an emergency.  Personal leave shall be compensated as though the employee had worked a regular day.

 

5.3.8. Jury Duty Leave

Eligibility.  Employees called to jury duty will be excused from work for that purpose. Any regular full-time or regular part-time employee who is called for jury duty within any state or federal judicial court shall be paid by the town the difference between the amount received from the court and the employee’s usual pay.  (See 21 V.S.A. Secs. 496, 499).

 

5.3.9. Voting Leave

Eligibility.  Regular full-time employees who are entitled to vote in national, state, or municipal elections shall be allowed sufficient time off with pay to vote.     

 

 5.3.10. Military Leave

Eligibility.  Any regular full-time or regular part-time employee who is a duly qualified member of the “reserve components” of the armed forces, who is a member of the ready reserve, or who is a member of an organized unit may take military leave to attend required weekend training exercises and one (1) required training exercise, not to exceed fifteen (15) scheduled work days in one calendar year.  The Town of Charlotte will pay the difference between an employee’s regular compensation and the training allowance that the employee receives while on military leave if the training allowance is less than the employee’s regular compensation.

If an employee who is a member of the armed forces reserve is called up for active duty, the town will follow the federal law on reservists called to active duty. (See Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C.)
 

 5.3.11. Leave of Absence Without Pay

a) Eligibility.  A regular full-time or regular part-time employee may submit a request in writing to the Board of Trustees for a leave of absence without pay.

b) Terms. The request must state the employee’s purpose for the leave of absence.  The Board of Trustees may, but is not obliged to, authorize leaves of absence of not more than one (1) year during which no compensation is paid and the employee is kept in the town’s medical plan at the employee’s own expense.  When the terms of the leave of absence have been agreed upon, including the dates upon which the employee will cease work and when he or she is expected to return to work, a Leave of Absence Agreement shall be written and placed in the employee’s personnel file.

The Board of Trustees and/or the Library Director may fill an absent employee’s position by making a temporary appointment.  If the employee does not return to his or her position at the agreed-upon time and has what he or she believes to be a compelling reason not to do so, the employee may appeal to the Board of Trustees for an extension.  If the Board of Trustees does not find that the reason is adequate in its determination, the board may declare that the employee has abandoned the position and may take steps immediately to fill the position permanently.

 

 5.3.12.  Staff Development

The Charlotte Library acknowledges the importance of continuing education.

Eligible staff members may request a per diem allowance, established by the Board of Trustees and/or the Library Director, for a maximum of 5 days per year for attending Vermont Department of Libraries or other appropriate courses or workshops. Staff members must present in writing a course plan for Library Director/Board of Trustees approval prior to enrolling in courses. Approval will take into account availability of adequate staff coverage at the library.

5.4   Retirement Plans

The Town of Charlotte participates in the federal Social Security System and requires that all employees participate.  The town also participates in the Vermont Municipal Employees Retirement Plan and makes this opportunity available to its regular full-time employees. When an employee contributes, the town makes a contribution also.  For more information, contact the Charlotte Town Clerk, the Charlotte Town Treasurer, or the Vermont Municipal Employees Retirement Plan in Montpelier.

 

 

SECTION 6.                           PERSONNEL RECORDS and RELEASE OF INFORMATION

 

6.1.               Personnel Files

 

The Board of Trustees and/or the Library Director as well as the Town of Charlotte shall maintain a personnel file for each employee.  All personnel files shall contain relevant information and documents regarding all employees’ employment with the Library, including but not limited to: a position description for each position held by the employee; the employee’s application for the position or positions and any supporting written references; the employee’s Employment Eligibility Verification Form (Form I-9); notes taken by the interviewer(s) to evaluate the employee’s candidacy; notes on any reference checks; records of pay, raises, and benefits, performance appraisals, and documentation of any probationary periods or written disciplinary actions. Personnel files of former employees shall be retained for six (6) years. (See Vermont League of Cities and Towns’ Municipal Employment Law Handbook, 2004.)

 

6.2.               Personnel Files: Confidentiality, Security, Access

 

Personnel records (other than wage and salary) are confidential by policy of the Selectboard.  Employee personnel files shall be maintained at the Library in a cabinet that is locked and secure. Medical records are confidential and shall be kept in the Charlotte Town Hall in folders that are separate from the personnel folders and in a locked and secure cabinet.

Upon request to the Board of Trustees and/or the Library Director, a current or former employee may review his or her personnel file at a time when a member of the Board of Trustees or a designated representative is present.  He or she may make photocopies of any or all documents at his or her own expense.

All access to personnel files shall be for bona fide town purposes. Requests for access to personnel files or for information concerning the job history, job performance, and circumstances of job termination or for any other information in the personnel file of an employee or former employee shall be denied, except as follows

·          Board of Trustees members, the Library Director, the Town Clerk, and the Town Treasurer may access personnel files.

·          Certain federal and state agencies are entitled by law to review personnel files.

·          Access to records requested pursuant to a duly served subpoena will be provided (12 V.S.A. Sec. 1691a)

·          Upon written request to the Board of Trustees by potential employers seeking references, only dates of employment and job titles for an employee or former employee shall be released by a Board of Trustees member or authorized representative.

 

 

SECTION 7.                           EMPLOYEE GRIEVANCES

 

7.1.          Grievance Policy

A “grievance” as used in this document is any matter related to any condition of employment considered by an employee to be grounds for complaint, except in the case of suspension or dismissal. Adjustment for complaints about personnel actions of suspension or dismissal is provided for in Section 8 of this document.

It is the preference of the Town of Charlotte to seek resolution to grievances informally. The Board of Trustees encourages employees to make every effort to resolve problems as they arise.  However, the Board of Trustees recognizes that there may be grievances that will be resolved only after a formal appeal and review.  When this occurs, the procedure listed below shall be followed.

               

 

 

7.2.            Grievance Procedures

 

Step 1.  An employee who believes that he or she has not been treated equitably or properly because of some currently existing condition or conditions of employment is expected to discuss the situation with his or her immediate supervisor. 

Step 2.  If the complaint is not resolved at the immediate supervisor level, the employee may appeal formally in writing to the Board of Trustees, either personally or through a representative, for relief from the condition or conditions. The grievance letter should state the situation being grieved, specific times and dates, and other pertinent facts including the redress being sought and the specific sections of the Charlotte Library Personnel Policies that relate to the grievance.  For complaints concerning discrimination, health and safety, and/or harassment also see the  Town of Charlotte Workplace and Employment Policies.

The grievance letter must be filed with the Board of Trustees within ten (10) working days of the occurrence on which the grievance is based.

Step 3.  The Board of Trustees shall acknowledge the formal grievance letter in writing within five (5) working days and shall schedule a grievance hearing with the employee within ten (10) working days of receipt of the appeal.  The Board of Trustees shall hear the appeal. The Board of Trustees may be represented by counsel and may ask anyone involved with the grievance to attend the conference in order to determine the facts of the matter. The employee has the right to be represented by counsel and to present any material or witnesses that he or she believes would be helpful in resolving the situation.

Step 4.  The Board of Trustees will deliberate and inform the employee with the grievance and any others involved of its decision by letter within five (5) working days of the grievance hearing. The decision of the Board of Trustees shall be final.

Step 5.  If the complaint has been found credible, the Board of Trustees will take appropriate corrective action.

 

 

SECTION 8.               DISCIPLINARY ACTION:  POLICY, GROUNDS, PROCEDURES, and APPEALS

 

8.1.   Policy

All town employees have an obligation to carry out their responsibilities in an effective and efficient manner. Any employee’s action or inaction that results in unsatisfactory performance may result in discipline ranging from oral reprimand to dismissal, as noted below. The Board of Trustees may dismiss an employee immediately whenever in its opinion an employee’s work action or inaction or conduct on the job is so seriously detrimental to the employee, coworkers, the public, or the town as to warrant immediate dismissal.

 

8.2.   Grounds for Disciplinary Action

 

Town employees may be subject to disciplinary action for reasons including but not limited to any of the following:

8.2.1. Poor Job Performance.  Incompetence, failure to discharge job obligations, low productivity, poor work quality, or inefficient work.

 

8.2.2. Unsatisfactory Attendance.  Repeated or unexcused lateness to work, repeated unexcused absences, or job abandonment.

 

8.2.3. Deficient Relationships with Others.  Failure to respond adequately to direction or supervision; inability to work productively with other employees; use of abusive language to or physical harm done to a supervisor, another employee, or member of the general public; or violation of any of the provisions of the Town of Charlotte Harassment Policy. (See Town of Charlotte Workplace and Employment Policies.)

 

8.2.4.  Inattention to Workplace Safety.  Actions or negligence during working hours that constitute a threat to the safety of the employee or others. (See Town of Charlotte Workplace and Employment Policies.)

 

8.2.5. Improper Use of Town Property.  Willful damage to town property or inappropriate use of town property for any private, personal, or political purpose.               

 

8.2.6. Improper Political Activity.  Use of official authority to interfere with or affect the nomination or election of any candidate for public office in the Town of Charlotte. Advocating for any candidate for political office or appointment (local, state, or federal) while at work.

 

8.2.7. Falsifications.  Failing to disclose a criminal offense; making false representations on job applications, references, personnel files, or time cards; giving deliberate misinformation, oral or written, to other employees, Board of Trustees members, the Library Director, Selectboard members, or the public concerning the work of The Charlotte Library or the Town of Charlotte.

 

8.2.8. Conflicts of Interest.  Activities that involve or appear to involve an inappropriate conflict between an employee’s town responsibilities and duties and his or her own interests, either financial or personal.  (See Section 3.4.9.)

 

8.2.9. Other Violations of Town Policies, Standards of Performance, Standards of Conduct, or Workplace Policies.

 

8.3.               Disciplinary Procedures

 

The Board of Trustees may take any of the steps described below to respond to a situation that in its judgment requires disciplinary action.

 

8.3.1.       Fact Finding. To determine whether disciplinary action is necessary, and, if so, what action is appropriate, the Board of Trustees shall consider:

·          The facts of the situation as presented by the employee and others involved

·          The nature and severity of the action or conduct

·          The employee’s previous performance and disciplinary record and potential for future improvement, and

·          The effect of the action or conduct on town operations, employee morale, and public trust and confidence in town government.

 

8.3.2. Disciplinary Action Steps.  There are four possible steps in the Town of Charlotte’s disciplinary action process.

 

Step 1. Oral Reprimand.  When the Board of Trustees has determined that an employee’s conduct is not serious enough for dismissal in response to an employee’s action or inaction that is listed above as grounds for disciplinary action (Section 8.2.), the board may issue an oral reprimand.  The oral reprimand must include the conduct considered objectionable, the action necessary to improve the situation, and a warning that the same or similar behavior will result in more severe disciplinary action.

Grounds for oral reprimands may typically include but are not limited to those listed in sections 8.2.1., 8.2.2., and 8.2.3., and to violations of the smoking policy. (See Town of Charlotte Workplace and Employment Policies.)

A written record of the oral reprimand shall be entered in the employee’s personnel folder and signed by the Board of Trustees, its representative, or the employee’s immediate supervisor, and the employee, indicating that the matter has been discussed with the employee. Such record shall be removed from the employee’s personnel folder six (6) months after its inclusion provided that no other disciplinary action has occurred during that time.  If additional disciplinary action is required during this six-month period, the record of the initial oral reprimand shall be removed only upon completion of a six-month period without any disciplinary action.

 

Step 2. Written Reprimand.  The Board of Trustees reserves the right to proceed directly to the written reprimand procedure without a prior oral reprimand when the employee’s action or inaction is considered to be more serious.  Grounds for a written reprimand might typically include but are not limited to those listed in Sections 8.2.4. and 8.2.5.

A violation of any standard of job performance or standard of job conduct as listed in Grounds for Disciplinary Action (Sec, 8.2.), or an inaction, or prohibited action within six (6) months of an oral reprimand shall result in a written reprimand issued to the employee by the Board of Trustees.  The Board of Trustees shall issue the reprimand to the employee at a conference with a witness chosen by the Board of Trustees present. The employee may also have a representative or witness of his or her choosing at the meeting. The reprimand shall detail the incident necessitating the action, the rule or rules violated, and the action necessary to remedy the situation.

A written record of the written reprimand, signed by the Board of Trustees, the witness chosen by the Board of Trustees, the employee, and any witness chosen by the employee, shall be entered into the employee’s personnel folder. If additional disciplinary action is required within six (6) months of a written reprimand, the Board of Trustees or its representative may issue another written reprimand (following the procedure for written reprimands above) or may consider more severe disciplinary action such as suspension or dismissal. The record of any written reprimand shall remain in the employee’s personnel file.

 

Step 3. Suspension with Pay.  Suspension with pay, for up to ten (10) working days, removes from the workplace an employee whose action or inaction has been determined by the Board of Trustees to constitute very serious grounds for discipline.  Grounds for suspension typically could include but are not limited to the grounds for discipline listed in Sections 8.2.4. and 8.2.7.

Behavior warranting immediate removal of an employee from the workplace, or other behavior warranting disciplinary action (as listed in Sec. 8.2.) within six (6) months of the issuance of a written reprimand will result in the employee’s suspension with pay by the Board of Trustees for up to ten (10) working days—unless the behavior is considered serious enough to warrant immediate dismissal. Repeated employee action resulting in written reprimands also shall be grounds for suspension or dismissal.

Suspended employees will continue to accrue sick/injury leave and vacation leave. 

 

Notification Conference: Any employee who is being suspended with pay shall be notified of such action in writing during a conference with the Board of Trustees and/or its representative, counsel, and a witness chosen by the Board of Trustees.  The employee may also have a witness and/or counsel present.  The notification shall include a description of the incident necessitating the action and the grounds for disciplinary action as set forth in this document. A copy of the written notification signed by the suspending representative, the witness of the Board of Trustees, and the employee’s witness shall be placed in the employee’s personnel folder. 

Any suspended employee shall be informed in writing of the appeal procedure provided in this document.

 

Step 4. Dismissal.  The Board of Trustees may consider dismissing any employee whose actions or inactions are considered to have seriously or frequently violated town employment policies as set forth in this document. 

Before dismissing an employee, the Board of Trustees or its authorized representative and a witness shall meet with the employee to inform him or her of the conduct prompting the consideration of dismissal and shall provide the employee with the opportunity to respond to the allegations of misconduct. The employee shall be provided with at least seven (7) days’ (but not more than 15 days’) written notice of the hearing date.  The written notice shall include the specific grounds for considering dismissal and the information that the employee may have a representative, counsel, and/or witnesses present.

If following this meeting the decision is made to dismiss the employee, the dismissed employee shall be notified of such action during a conference with the Board of Trustees or its authorized representative.  This conference shall be scheduled as quickly as possible and not more than ten (10) days after the initial meeting.  The Board of Trustees or its representative will have counsel and a witness present, and the employee may have a representative, counsel, and/or witnesses present.  The conference will include a description of the incident necessitating the dismissal and the rule or rules violated.  An employee so dismissed shall be informed in writing of the reasons for the dismissal and of the appeal procedure provided in this document.

 

Immediate Dismissal.  The Board of Trustees or its authorized representative may dismiss immediately any employee whose actions or inactions seriously violate town policies as set forth in the paragraphs above. The Board of Trustees or its authorized representative shall notify the dismissed employee immediately and shall meet as soon as possible with the dismissed employee with a witness present to inform the employee of the conduct, action, or inaction necessitating the dismissal and the policy or rules violated. The dismissed employee may have a representative, counsel, and/or witnesses at the meeting and shall be informed in writing of the appeal procedure provided under the personnel policies in this document.

In the case of immediate dismissal, the employee may be asked to leave his or her workplace immediately.

 

8.4. Appeal Procedures

 

8.4.1. Application.   If an employee who has been suspended or dismissed wishes to appeal the decision, he or she must make the appeal by applying to the Board of Trustees in writing within five (5) working days of such suspension or dismissal.

 

8.4.2. Hearing.  The employee may request a hearing.  If a hearing is requested, the Board of Trustees shall hold a hearing within ten (10) days of receipt of the employee’s written request for a hearing. At a hearing the employee, at his or her discretion, may be present, give testimony, be represented by counsel, examine the evidence against him or her, and cross-examine witnesses.

 

8.4.3. Board of Trustees Action.  Having heard the evidence and considered other relevant facts such as the employee’s overall employment record, the Board of Trustees shall make its decision and inform the appellant employee within seven (7) days. If the Board of Trustees acts in favor of the employee, he or she shall be restored to his or her original position with full pay for the period since suspension or dismissal.  The Board of Trustees may also reduce the disciplinary action of dismissal to suspension with or without pay or to a reprimand and may reduce the disciplinary action of suspension to a reprimand. The decision of the Board of Trustees shall be final.

If the complainant is not satisfied with the town’s action, he or she may contact the Vermont Department of Labor and Industry in Montpelier or the U.S. Department of Labor’s Field Office in Burlington.

 

 

SECTION 9.                           NON-DISCIPLINARY TERMINATION and RESIGNATION

 

                9.1.          Non-Disciplinary Termination

The Board of Trustees may dismiss any employee under non-disciplinary termination if the Board of Trustees has eliminated the position that the employee holds or if the Board of Trustees decides that the employee has become unable to perform the duties of the position for reasons that are beyond the control of the employee.

The Board of Trustees shall provide such employee with written notice of its intent to dismiss the employee two (2) weeks before such action is expected to take place along with the reason or reasons for such dismissal.  The Board of Trustees shall provide the employee an opportunity to meet with the board to review the reason or reasons for dismissal and shall provide the employee with written notice of its decision within ten (10) days.  The decision of the Board of Trustees shall be final.

 

9.2.               Resignation

 

An employee who resigns from employment with the town shall be considered to have been terminated in good standing if he or she gives notice to the Board of Trustees or its authorized representative of his or her intention to resign at least two (2) weeks before he or she intends to leave and if other circumstances of the termination are such as to justify good standing.

 

*Note: The Library Board of Trustees used the 2005 and 2007 revisions of the Town of Charlotte Personnel Policies for this revision of The Charlotte Library Personnel Policies.  See Appendix for Town of Charlotte Workplace and Employment Policies.

 

 

VDisplay and Ownership of Art

 

A.  Exhibits

 

Because the Library considers the direct experience of art to enhance the quality of individual life as well as community culture, it will accept art for temporary display in the public area of the library building.  The Library has established guidelines to govern the review, selection, and scheduling processes as well as the responsibilities of both the Library and the exhibiting artist.

 

B.  Curator

 

The Library Board will appoint an Art Curator for an indefinite term. The Curator’s responsibility is to coordinate the display and removal of art, communicate with the artist, and curate regular shows.

 

C.  Review

1.       The Art Curator is available by appointment to conduct reviews of art in consideration of scheduled shows.

2.      The Art Curator will confer with the Library Director regarding schedules and selection of art.

3.      When appropriate, the Library Board will act as final arbiter in decision-making with regard to any policies or procedures relevant to the display of art.

 

D.  Scheduling and Selection

 

The Library reserves the right to select the theme, scope, and content of exhibits, which may vary depending on relevant library activities and calendar.

 

E.  Responsibilities

 

The Library offers artists space in which they may display their art at their own risk. 

The Library is not responsible for theft or damage at any time to any art displayed at the Library.

 

The exhibiting artist must adhere to the agreed upon drop-off and pick-up times; the Library will not hold or store the art before or after these dates.

 

F.  Acquisition

 

The Charlotte Library reserves the right to commission works of art or to make purchases of art that it considers consistent with its mission and appropriate to the collection. The Library may accept any gifts of art or gifts toward the purchase of art, only when these are of an unrestricted nature.  However, The Library also considers availability of proper storage, the need for conservation, and adequate insurance coverage.  The Library Director and Art Curator may serve in an advisory capacity to the Library Trustees who make all final and binding decisions with regard to the acquisition of art.

 

G.  Release Form

 

A release form, to be signed by the Library’s authorized staff and the exhibiting artist, will include:

 

1.      Brief description of exhibit and number of pieces

2.      Exhibit period

3.      Drop-off and pick-up times and dates

4.      Responsibilities of the Library and artist

5.      Proceeds from sales go directly to the artist.

 

 

 

VI.  Exhibits and Displays

 

 

The Charlotte Library invites displays for the dissemination of information consistent with our mission.

 

A.     Since the display area is limited, the Library reserves the right to allocate space in accordance with the following priorities:

 

1.   Organizations representing Charlotte government;

2.   Private not-for-profit entities approved by the Library Director and/or Trustees;

3.   Individuals and groups as well as for-profit entities approved by the Library Director and/or Trustees.

 

B.     Applicants may be required to submit a letter to the Library Director that identifies the applicant, describes the display, and clearly states the purpose it is intended to serve.  The Library Director will review the display and/or materials prior to their exhibition.

 

C.     The size of the display and the period of exhibit will be determined on a case-by-case basis by the Library Director.  The exhibitor will remove the display promptly at the end of the exhibition period.  The Library is not responsible for theft or damage at any time, or for the storage of materials following the close of the exhibit.

 

D.   Materials on Library bulletin boards are posted at the discretion of the Library Director.

 

 

                                               

VII:  Friends of the Charlotte Library and Other Advocacy Groups

 

The Board of Trustees welcomes the commitment and energy of advocacy groups, such as the Friends of the Charlotte Library, which support the mission of the Library. 

 

Such groups will work in cooperation with the Board, which by statute bears the responsibility for the management of the Library.

 

 

                                         

VIII.   Library Volunteers

 

The Board of Trustees recognizes that the Library has a strong history of volunteer involvement and acknowledges that the Library continues to depend on a corps of trained and dedicated volunteers who assist Library staff in its efficient operation.

 

The Library Director is responsible for establishing volunteer procedures and accepting, training, and supervising all Library volunteers. The Library Director is also responsible for terminating volunteers should such action be warranted.

 

  

IX.  Review and Revision of Policies

 

These policies shall be reviewed at least yearly by the Board and revised as needed.  Revisions shall be noted by date following each section. 

 

All policy additions and revisions will be adopted by a majority vote at a duly convened meeting of the Library Board of Trustees.

 

 

Appendices

 

A.  Library Bill of Rights

 

B. The Freedom to Read Statement

 

C.  Request for Reconsideration of Library Resources

 

D.  Town of Charlotte Workplace and Employment Policies