This Administrative Essential covers:
- Role of the board and role of the director
- Legal issues in hiring and employment
- Lines of communication
- Board meetings on personnel issues
- Staff compensation
- Promotions
- Personnel policy
- Library employee unions
- Grievance procedures
The most important determinant of library service quality is the training,
experience, attitude, and motivation of the library staff. Developing and
maintaining a high-quality library staff requires careful decision-making and
cooperation by both the library board and the library director.
Role of the board and role of the director
The library board is charged with the responsibility of hiring and
supervising the library director, and the board's responsibilities extend to
issues that affect all library staff (see Trustee Essential
#5: Hiring a Library Director
http://dpi.wi.gov/pld/te5.html and Trustee Essential #6:
Evaluating the Director http://dpi.wi.gov/pld/te6.html).
But it is the library director who hires and supervises all other library staff,
although the library board has the legal responsibility to establish their
duties, and compensation.
While both the library board and the library director have significant
personnel responsibilities, the library will operate most effectively if the two
parties cooperate and communicate on important personnel matters, while avoiding
intrusion into each other's area of responsibility. Keep in mind that:
- The library director can and should recommend personnel policy changes,
but can implement only policies officially approved by the board.
- The library director has the authority to hire staff to fill positions
authorized by the library board and to supervise those staff, but should keep
the library board informed of important personnel issues and consult with the
board, if possible, before making significant personnel decisions.
- The library board has the legal responsibility to approve job
descriptions and compensation plans, but the director should have latitude to
set compensation and make personnel changes within that framework.
- The library will run most effectively when the director is delegated the
responsibility for the day-to-day assignment of staff duties
although
If a trustee repeatedly approaches library staff for information on library
operations or try to direct the activities of the staff, ask the library board
president to discuss the matter with the trustee. If the board president is
interfering inappropriately in day to day operations, you should bring the
matter up with the board president or direct your concerns to other members of
the board. Another less direct approach is to schedule a discussion at a board
meeting about Trustee Essential 2: Who Runs the Library? (http://dpi.wi.gov/pld/te2.html)
and use the discussion as a forum to address your concern.
Legal issues in hiring and employment
The library director should detailed job descriptions for each position.
These should be approved by the library board after being reviewed for
compliance with the Americans with Disabilities Act (http://www.ada.gov/),
the Federal Fair Labor Standards Act, and Wisconsin's equal rights provisions
and Fair Employment Act (http://www.dwd.state.wi.us/er/).
The job descriptions should be reviewed and updated at regular intervals,
particularly before filling a new or vacant position.
The ADA requires reasonable accommodations in three areas of employment. The
first involves the job application process. People with disabilities may only be
asked questions asked of all applicants. Certain types of questions are not
allowed. For instance, all applicants should be told the essential job functions
and then asked whether there was any reason why they could not do perform those
functions. But it would not be acceptable to single out someone who uses a
wheelchair and ask how that person would do a particular task.
Examples of questions that can and cannot be asked during an interview are
included at the "Access for All" web site maintained by
Cornell University (see below). The site defines "essential functions" as
"fundamental job duties of the employment position the individual holds or
desires. The term does not include the marginal functions of the position." Job
descriptions should be written so that the essential functions are clear. If
pre-employment testing is required, then accommodations must be made, if needed,
for people to take the test.
The second area requires reasonable modification or adjustments to the work
environment or job procedures and rules, to allow a qualified person with a
disability to do the work. The library is not required to eliminate an essential
job function in making an accommodation, nor is an employer required to lower
production standards. A reasonable accommodation might be removing a barrier,
modifying a workstation, restructuring the job or schedule, acquiring a piece of
adaptive equipment or technology, or reassignment to another vacant position for
which the individual is qualified. But the employer does not have to make an
accommodation that would impose an "undue hardship," defined as an "action
requiring significant difficulty or expense." Nor are expected to provide
personal items not available to other employees (such as wheelchairs or
prostheses), but certain accommodations might be expected, such as adjustable
chairs, wrist pads, or modified phones.
The third area requires equal access to whatever insurance and benefits are
offered to other employees. The ADA also requires employers to make "reasonable
accommodations" to make available the "benefits and privileges of employment" to
employees with disabilities that are enjoyed by other employees. Examples are
access to lounges, auditoriums, training facilities, parties, or services.
Cornell University's School of Industrial and Labor Relations has a web site
with special sections devoted to the employment issues under Title I of the ADA.
The address for the site is:
http://www.ilr.cornell.edu/ped/accessforall/index.htm
The U.S. Department of Justice page on the ADA is:
http://www.ada.gov/
U.S. Department of Labor compliance assistance with the Federal Fair Labor
Standards Act:
http://www.dol.gov/esa/whd/flsa/
Wisconsin labor and equal rights information:
http://www.dwd.state.wi.us/er/
Lines of communication
Library staff members are supervised by the library director, or, when
appropriate, by department heads or supervisors in the library's hierarchy.
While the library director reports to and is supervised by the library board,
library staff should report to the director or to others under the director's
direct supervision.
While trustees will want to know who the library employees are and what they
think about the library and its policies, services and collections, trustees
must be very careful to avoid undermining the authority of the director. Except
in unusual circumstances, communication between the board and staff about
library business should be carried on through the library director.
Since the library board may want input from the staff on certain issues, the
board should solicit such input through the director. Similarly, if the board
requires input from the staff during the process of evaluating the library
director, the information should be collected in a consistent manner using
specific questions.
Board meetings on personnel issues
In addition to the library board's review of the library director, there may
come occasions where personnel issues must be brought before the board. While
most library board business must be conducted in open session, there are
occasions where the board may convene in closed session to discuss specific
personnel issues.
The library board should annually review the performance and compensation of
the library director and can do so in closed session. Wisconsin Statutes s.
19.85(1)(c) permits convening in closed session for "Considering employment,
promotion, compensation or performance evaluation data of any public employee
over which the governmental body has jurisdiction or exercises responsibility."
The board may also convene in closed session to consider disciplinary
actions, with certain limitations. The provision in s. 19.85(1)(b) permits a
closed session for the purpose of "Considering dismissal, demotion"or discipline
of any public employee" and taking formal action, with one caveat. The employee
must be formally notified of the hearing and any meeting at which final action
may be taken. The notice must state that the employee has the right to demand
that the evidentiary hearing or meeting be held in open session.
Keep in mind that the language of the exemptions to the open meetings law
specifically refers to a "public employee," not to a position of employment in
general. Consequently, the library board cannot convene in closed session to
discuss a position vacancy, benefits and compensation for employment, or
personnel policies for positions in general, unless for the specific purpose of
discussing strategy for collective bargaining (s. 19.85(1)(e)). But the board
can convene in closed session to discuss the qualifications of and compensation
to offer a specific candidate for a job opening. Also, ratification or final
approval of a collective bargaining agreement must be done in open session.
The library board may also need to consider a personnel issue as part of a
grievance process. Your library personnel policy should clearly state how
grievances may be brought and the process to be followed. Generally speaking,
employees should bring matters of concern about the physical environment in
which the employee works, and conditions of the specific position, procedures to
be followed, relationships with other workers or supervisors, and library rules
and regulations to the attention of the library director. Occasionally, an
employee may be unsatisfied after bringing complaints to the director and may
feel that further action should be taken. In such circumstances an appeal to the
library board is appropriate. Sometimes the library director is the problem, or
part of the problem, that an employee wishes to address, and the situation is of
a sensitive nature or involves serious legal concerns. In such cases, a
grievance should be addressed in writing to the library board president who can
then take up the matter with the library board at the next board meeting or at a
special session. The meeting may be conducted in closed session if it meets the
requirements of the exemptions to the open meetings law.
Additional information on library board meetings and the open meetings law
can be found in Administrative Essential #19, "Wisconsin's Open Meetings
Law" and in Trustee Essential 14, "The Library Board and the Open Meetings Law."
Staff compensation
The ability to attract and retain high-quality staff depends partially on
competitive and fair wages and benefits for library staff. Compensation for
employees should be competitive with compensation provided by similar-sized
libraries in Wisconsin and nationwide (see the Sources of Additional Information
section below for sources of this data). Compensation for library staff should
be in line with other community positions that require similar training and
responsibilities.
Justifying and obtaining adequate and competitive compensation for library
staff can be challenging, particularly in a tight municipal economy. Sometimes
the work of library employees is misunderstood or under-appreciated. The Allied
Professional Association of ALA has information and a toolkit that is useful in
establishing and justifying competitive compensation plans to boards, municipal
government, and the public.
Promotions
It is not unusual for a library to promote an existing employee into a
vacancy rather than to advertise broadly and hire a candidate from outside the
organization. It is good to give existing employees opportunity for advancement,
and many collective bargaining agreements will stipulate that positions must be
posted within the organization before being advertised. However, be sure that
you follow established hiring procedures and that the employee being promoted
meets the minimum qualifications required for the job description for the
position. Past evaluations should also document that the employee being promoted
has better than average performance, since promotion can be considered a reward
for good job performance.
Personnel policy
It is the responsibility of the library board to approve a personnel policy
for library staff that formally establishes compensation and benefit policies,
as well as rules and conditions of employment for library staff. The policy
should include the mission statement of the library, employment expectations,
staff development and continuing education opportunities, and evaluation and
discipline processes, including termination and grievance procedures. It is
important for these policies to be gathered into a written personnel handbook
available to all library staff. The policy must be kept up-to-date and regularly
reviewed by the library board. These written policies ensure that all employees
are treated according to the same rules.
Many state and federal laws govern the relationship between employer and
employee, and it is essential that the library's personnel policy comply with
these laws. (For more information, see Trustee Tool A:
Important State and Federal Laws Pertaining to Public Library Operations.) Your
municipality or county may have a personnel department that keeps up to date on
these laws. Knowledgeable individuals should review all proposed changes in the
personnel policy as well as all job descriptions. To simplify maintenance of
their personnel policies, many library boards adopt the personnel policy of
their municipality as the library personnel policy, subject to those changes
approved by the library board.
The library board should also approve a salary schedule that covers all staff
and written job descriptions that list the essential job duties of each
position, any educational and experience required, the physical and mental
requirements of the job, and the salary range. Carefully prepared job
descriptions not only will help the library comply with Title I of the Americans
with Disabilities Act (ADA), which deals with employment issues, but also
provide an objective basis for performance evaluation to support promotion or
discipline. For more information about the employment-related requirements of
the ADA including a sample job description, see Trustee Essential
#5: Hiring a Library Director.
Sample personnel policies are available from the Wisconsin Public Library
Policy Resource Web Page.
Library employee unions
The right to bargain collectively is guaranteed by federal and state law. The
library board must not take actions that interfere with library employees' legal
collective bargaining rights. No library administrator or board should seek to
prevent an election or the formation of a bargaining unity, and certain rules
must be followed if a majority of the library staff wishes to engage in
collective bargaining.
The National Labor Relations Board (NLRB, http://www.nlrb.gov/), is the
Federal agency that administers the National Labor Relations Act. It is charged
conducting elections to determine whether or not employees want union
representation, and with investigating and remedying unfair labor practices by
employers and unions. Labor and management both have the right to petition the
NLRB if either believes that an irregularity or a violation of labor practices
has occurred.
In Wisconsin, collective bargaining practices are subject to rulings by the
Wisconsin Employment Relations Commission (WERC, http://werc.wi.gov/). The WERC
has ruled on a number of occasions that the library board (and not the
municipality) is considered the "employer" of library employees for collective
bargaining purposes. Therefore, it is the library board (or a designee of the
library board acting under library board supervision) that negotiates with any
union(s) representing library employees. An individual familiar with Chapter 43,
library board concerns, and collective bargaining law should handle all labor
negotiations on behalf of the board. Knowledgeable individuals should assist in
the development of library board collective bargaining strategy. The library
board must ratify any union agreements involving library employees.
The library board may not abrogate or delegate its legal responsibilities for
establishing library policies and personnel policies or for determining the
duties and compensation of all library staff. In addition, the library board may
not take away the library director's legal authority to hire and supervise all
other library staff.
The library board may wish to employ the services of an experienced labor
negotiator. Designating a member of the board or the library director as the
chief negotiator may be unwise since it is unlikely that person will be familiar
with the intricacies of labor law, whereas the bargaining unit will be
represented by a professional negotiator employed by the union. The director or
board member may also be placed in an adversarial role or take requested changes
under negotiations as personal criticism. The friction across the bargaining
table may translate to the work environment and affect the rapport required to
effective manage day-to-day operations.
Library directors, as well as trustees, may be uncomfortable working with
third-party labor negotiators, fearing the negotiator will offer concessions
unacceptable to management. But negotiations follow a clearly established
procedure, with the negotiator's powers clearly delineated. Typically, the
negotiator reviews proposals submitted by the bargaining unit with the library
administration, the board, or a subset of both, depending on how the board
delegates responsibilities for negotiating. And any final proposal has to be
formally ratified by the library board in an open meeting.
If negotiations reach an impasse, typically the two parties will agree to
mediation, followed by binding arbitration if an agreement cannot be reached.
The American Arbitration Association (AAA, http://www.adr.org/) is an
independent nonprofit organization offering resolution of a wide range of
disputes through mediation, arbitration, elections and other out-of-court
settlement techniques. AAA maintains mediators and panels of disinterested
parties who have qualifications in a wide range of specialties, familiar with
precedents that have been established through negotiations in similar settings,
such as public libraries.
Grievance procedures
The board should establish a grievance or complaint procedure within the
personnel policy to address staff complaints about employment issues. Trustees
should direct employees who have complaints about the director, policies, or
operations to discuss the situation first with their supervisor or the director.
If that does not resolve the issue, staff should be encouraged to follow the
established policy. Only in extreme situations should staff complaints go
directly to the board.
Sources of additional information
The Allied Professional Association of ALA (http://www.ala-apa.org/)
Christopher, Connie, Empowering Your Library: a Guide to Improving
Service, Productivity, & Participation. Chicago: American Library
Association, 2003.
Contains chapters on motivation, creating shared vision and trust, the
manager's role, interpersonal and team skills, and empowered library
leadership.
Evans, G. Edward, Performance Management and Appraisal: a How-To-Do-It
Manual for Librarians, New York, Neal-Schuman, 2004.
Concentrates on the performance appraisal process, background, different
methods and attributes. Includes a CD-ROM with appraisal forms in Word and PDF
formats.
Position Classifications for Public Libraries, Wisconsin Association of
Public Libraries, Personnel and Professional Concerns Committee
Practical Help for New Supervisors, Third Edition, Chicago, American
Library Association, 1997.
Survey has chapters by various authors on such topics as Interviewing,
orientation, performance appraisal, nonmonetary rewards, communication skills,
conducting meetings, time management, diversity, and conflict resolution.
Salary and Fringe Benefit Survey, Wisconsin Association of Public
Libraries, Personnel and Professional Concerns Committee
Staff Development: A Practical Guide, Third Edition, Chicago, American
Library Association, 2001.
Provides guidelines and methods to develop a staff development program,
determining goals and competencies, developing trainers, and conducting
programs.
Trotta, Marcia, Successful Staff Development: a How-To-Do-It Manual,
New York, Neal Schuman, 1995
Covers development of formal training, ongoing training, and mentoring as
methods for development.
Volunteers in Libraries, by Rashelle Karp. Chicago, American Library
Association 1993. 0-8389-5756-0. (out of print).
Wisconsin Public Library Policy Resource Web Page at
http://dpi.wi.gov/pld/policies.html.
______________________________
Administrative Essential: A Handbook for Wisconsin Public Library Directors was prepared by the Division
for Libraries, Technology & Community Learning. ©Copyright 2008 Wisconsin Department of Public Instruction.
Duplication and distribution for not-for-profit purposes permitted with this copyright notice.
For questions about this information, contact John K. DeBacher (608) 266-7270
Last updated on 6/25/2008 3:43:15 PM
Home
Contact Us