The Library Board of Trustees recognizes that sound, ethical standards of conduct serve to increase the effectiveness of the Library Board of Trustees, Library staff and volunteers. Actions based on an ethical code of conduct promote public confidence and the attainment of Library goals. The Board also recognizes its obligation, under the provisions of the New York General Municipal Law, to adopt a code of ethics setting forth the standards of conduct required of all Library officers and employees.
The Library Board of Trustees is also committed to avoiding any situation in which the existence of simultaneous, conflicting interests of any Library officer or employee may call into question the integrity of the management or operation of the Library. The Board affirms its commitment to adhere scrupulously to all applicable provisions of law regarding material conflicts of interest.
1. Gifts: No officer or employee shall directly or indirectly solicit, accept, or receive any money or gift having a value of $75 or more, whether in the form of cash, check, loan, credit, services, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the money or gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members.
2. Confidential Information: No officer or employee shall disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest. In addition, he or she shall not disclose information regarding any matters discussed in an executive session of the Board of Trustees regardless of whether or not such information is deemed confidential.
3. Representation before the Board: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the Library Board of Trustees.
4. Representation Before the Board for a Contingent Fee: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the Library Board, whereby the compensation is to be dependent or contingent upon any action by the Board with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
5. Disclosure of Interest in Matters before the Board: A member of the Board of Trustees and any officer or employee of the district, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any matter before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such matter. The term “interest” means a pecuniary or material benefit accruing to an officer or employee.
6. Disclosure of Interests in Contracts: To the extent known, any officer or employee of the Library who has, or will have, or subsequently acquires any interest in any contract with the Library shall publicly disclose the nature and extent of such interest in writing to the Library as well as to the Library Director as soon as he or she has knowledge of such actual or prospective interest.
7. Investments in Conflict with Official Duties: No officer or employee of the Library shall invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction that creates a conflict with his or her official duties.
8. Certain Real Property Interests Prohibited: No officer or employee of the Library who has an interest in any real property, either individually or as an officer or employee of a corporation or partnership, shall participate in the acquisition or plan for acquisition of said property or any property adjacent to said property by the Library. The term “participate” shall include the promotion of the site as well as the negotiation of the terms of the acquisition.
9. Prohibited Conflicts of Interest: No Library officer or employee shall have an interest in any contract between the Library and a corporation or partnership of which he or she is an officer or employee when such Library officer or employee has the power to negotiate, prepare, authorize or approve the contract or authorize or approve payment there under, audit bills or claims under the contract, or appoint an officer or employee who has any of the powers or duties set forth above, and no chief fiscal officer, treasurer or his or her deputy or employee shall have an interest in a bank or trust company designated as a depository paying agent, registration agent or for investment of Library funds of which he or she is an officer or employee. The provisions of this action shall in no event be construed to preclude the payment of lawful compensation and necessary expenses of any Library officer or employee in one or more positions of public employment, the holding of which is not prohibited by law.
10. Certain Prohibited Actions: No person employed by the Library shall hire, supervise, evaluate, promote, review or discipline any other employee who is a member of the same family. In the event that marriage, promotion, or reorganization results in a situation not in compliance with this policy, reassignment or transfer will be effected in accordance with the applicable provisions of any collective bargaining agreement to correct the situation.
11. Private Employment: No officer or employee of the Library shall engage in, solicit, negotiate for or promise to accept private employment or render services for private
interests when such employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
12. Future Employment: No officer or employee of the Library shall, after the termination of service or employment with the Library Board, appear before the Board or any panel or committee of the Board, in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration. This shall not bar or prevent the timely filing by a present or former Library officer or employee of any claim, account, demand or suit against the Library on his or her own behalf of any member of his or her family arising out of any personal injury or property damage or for any unlawful benefit authorized or permitted by law.
13. Use of Library Property: No Library officer or employee shall use or permit the use of property, owned or leased to the Library, for anything other than official purposes or for activities not otherwise officially approved by the Library Board of Trustees.
14. Duty to Disqualify: It is incumbent upon any Library officer or employee, whether paid or unpaid, to disqualify himself or herself immediately whenever the appearance of a conflict of interest exists.
15. Duty to Report Conflicts of Interest: In the event that any Library officer or employee knows of or perceives a direct or indirect conflict of interest, he or she shall report it to the Library Board of Trustees. Any resolution of such conflict by the Board shall hold the Library’s interest paramount, as well as maintain the Board’s integrity in its governing role.
16. Whistle-Blower Policy: The Library Board of Trustees and Director shall maintain the confidentiality of any Library Officer or employee and reasonably protect such person from and against any retaliation or harassment by an employee, officer, Administrator or board member, that may result from such person reporting or assisting in the investigation of any wrongdoing.
17. Duty to Report Violations of this Policy: Any Library officer or employee or any member of the public noting or suspecting a violation of this policy is encouraged to report the matter, either in confidence or in public, to the Library Board of Trustees.
In addition to any penalty contained in any other provision of law, a Library officer or employee who shall knowingly and intentionally violate any of the provisions of this Code of Ethics and Conflict of Interest Policy may be subject to disciplinary action up to and including the imposition of fines, suspension, and dismissal, in the manner provided by applicable law.
The purpose of the West Hempstead Public Library Community Room and Board Room is to promote Library service to the community. The Community Room is available for public use only when there is no conflict with Library-sponsored activities and within Policy guidelines. Attendance in the Community Room may not exceed 120 individuals. Attendance in the Board Room may not exceed 15 individuals. All attendees shall be required to abide by all Library rules and regulations.
The Children’s Program Room is restricted for the exclusive use of the Library. Exceptions may be made by the Library Director.
Programs given by outside organizations may be held in the Library only if they have a definite relation to the Library’s services and objectives and are designed to further the educational, cultural, literary, charitable, or scientific needs of the West Hempstead community. All meeting must be free and open to the public. The meeting rooms are not available to individuals for private use or for meetings of a purely social, political, partisan, business, commercial, industrial, or religious nature. No admission fee may be charged nor collection made at meetings held in the Library. We make exceptions for Library co-sponsored education workshops and non-credit adult education courses conducted by established educational institutions.
For the purposes herein, the West Hempstead Public Library shall be referred to herein as the “Library” or the “Lessor,” and the organization or group using the room shall be referred to herein as the “Group,” or “Organization,” or “Lessee.”
The community room and the board room, are available for public use within policy guidelines and only when there is no conflict with Library sponsored activities.
The Children’s Program Room is reserved for the exclusive use of the library. Meeting rooms are available to organized groups from within the West Hempstead School District. Applications must be completed by an adult over the age of 18 and signed by an officer of the organization. An outside group that can demonstrate that at least 50% of its membership resides or owns a business or property in the West Hempstead School District is eligible to use the room at the discretion of the Library director. Upon submission of the application, the applicant agrees to the release of his name and telephone number to any person requesting information concerning an organization’s activities or program. Otherwise
eligible groups may be denied the use of a meeting room if granting the request interferes with regular Library operations.
MEETING ROOM AVAILABILITY
Meeting Rooms are available Monday through Thursday from 10am to 9pm, Friday 10am to 4pm and on weekends at the discretion of the director.
Reservations may be made no more than three months in advance of a scheduled meeting. No reservations may be made on a permanent, year-round basis. Groups must re-apply for an extension.
All requests for the use of the meeting rooms must be made through the Directors Secretary. She can be reached at (516) 481-6591, ext. 25. Her office hours are: Mon. – Fri., 9am to 2:30pm.
After an application has been approved, the organization must inform the Library of the preferred room set-up. The Library will only set up Library-owned furniture and equipment.
Water may be served only with the prior authorization of the director. If needed, tablecloths must be provided at the organization’s expense. Alcoholic beverages are prohibited on Library property.
All audiovisual materials brought into the Library to be shown and/or heard at meetings must have public performance rights in accordance with federal copyright law. If a group uses a copyrighted work without prior authorization, the owner may be entitled to bring an infringement action against the group. It is the sole responsibility of the group to obtain such rights and/or permission. There are circumstances under the fair use doctrine that allow a quotation or sample to be used without permission. Similarly, uploading or downloading works protected by copyright without the permission of the copyright owner is an infringement of the owner’s exclusive rights of reproduction and/or distribution. The Copyright Office recommends that permission be obtained directly from the copyright owner. Any violation or claim of infringement shall be the sole responsibility of the group using such copyrighted material and in such an event, the group agrees to hold harmless and indemnify the Library should any claim of infringement or violation thereof be brought against the Library.
The Library does not provide publicity for outside groups; the organization is responsible for all publicity. Publicity materials may not list the West Hempstead Library as a co-sponsor of an event or meeting unless the event has been officially approved and designated as such by the director.
Neither the name nor the address of the West Hempstead Library may be used as the official address of any organization, nor may they be used for any purpose other than to identify the location of the program. The Library’s telephone number may not be included in any publicity distributed by an organization. The Library requires that all printed material, press releases, posters, and other publicity include a contact phone number for the organization using the room and that such material be approved by the director prior to distribution. Exhibits, decorations, or signs will be permitted only with the advance approval of the director. No publicity may be posted on the exterior of the Library building. All meetings must be open to the general public, and any publicity indicating that a meeting is not open to the general public will be cause for its immediate cancellation by the Library. All literature and other items to be distributed at a meeting must be submitted to the director for approval at least seven days prior to the event. Photography and video recording are not permitted in the Library without the express prior written consent of the director. Media coverage of events in the Library must be authorized by the director.
In the event of an emergency closing of the Library, all scheduled meetings are automatically cancelled. Where feasible, the Library shall make every effort to reschedule a cancelled event. However, under no circumstances shall the Library be responsible for any costs, loss, damages or expenses due to the cancellation.
LIABILITY OF ORGANIZATIONS
LESSEE (the group or organization using the space) MUST GIVE THE LIBRARY A CERTIFICATE OF INSURANCE INDICATING COVERAGE OF $1,000,000/$2,000,000 NOT LESS THAN TEN BUSINESS DAYS PRIOR TO THE DATE OF THE MEETING.
Groups using the meeting rooms will be held financially responsible for any loss or damage to the facility, including cleaning costs and damage to Library-owned equipment and furnishings, and carpet. The lessee understands and agrees to hold the Library harmless and to indemnify the Library for all claims of loss, damage or injury by a member affiliated with Lessee or by a third party where such claims are related to the Lessee’s activities on the premises.
The Library assumes no responsibility for any equipment, supplies, or materials that an organization may have on Library premises. The Library is not responsible for damage to, or loss of, property left in the meeting rooms. The Library assumes no responsibility for personal injury received on the premises arising out of the Lessee’s use or operation of the premises. The Library will not store materials for an organization, and items left in the building will be considered abandoned property and disposed of after 30 days. The Lessee expressly agrees and understands that in the event of
cancellation of a program or meeting, for any reason, the Library shall not be responsible for any claims of loss, damage, costs or expenses associated with the cancellation.
Any violation of this Policy may result in the denial of future use of the Meeting Rooms.
One-Time Use Tickets
1. A limited number of tickets, to the New York Hall of Science are purchased yearly for West
Hempstead Library patrons only.
2. A lottery system will be implemented for the equitable distribution of these tickets. Library
cardholders (age 18 and over) in good standing will be allowed to enter this lottery once.
(Additional and invalid entries may be purged.)
3. Multiple drawings per year will take place for this lottery. Lottery tickets will remain active for
subsequent drawings. Cardholders need not be present at drawings. They will be notified by
phone or mail.
4. Winning cardholders will be given 2 weeks to pick up the tickets with their valid library card.
Lost tickets will not be replaced.
5. Patrons are responsible for checking with the New York Hall of Science to confirm hours and
1. Museum passes are available to West Hempstead Public Library card holders, age 18 and over,
in good standing only.
2. Passes may be reserved up to one month in advance, in person or by telephone.
3. Only one Museum Family Pass may be checked out per family, per loan period.
4. To allow for equitable use of these passes, each family/household may reserve a specific
museum's Family Pass only once every six months. If available (unreserved) the same pass may
be borrowed on a walk in basis.
5. Patrons are responsible for checking with the museum to confirm hours and current exhibits.
6. Cardholders must call to cancel a reservation or delay a pickup. Passes not picked up by noon
on the first day of the loan period will lose their reservation. Frequent cancellations or nonpickup of passes may result in suspension of privileges for 3 months.
7. The fine for an overdue pass is $10.00 per day. The maximum fine is $50.00.
8. If a pass is lost, the replacement cost will be a minimum of $50.00. This amount will be higher if
the particular museum requests additional fees. In addition, the patron's museum pass
privileges will be suspended for three months.
9. If a patron loses two passes, his/her museum pass privileges will be revoked.
10. Any fees incurred by a patron that are not paid, will be added to the patron's library card
account. Any amounts over $25.00 will be subject to the collection agency.
This resolution sets forth the policies and procedures of the West Hempstead Public Library to meet the requirements of General Municipal Law, Section 104-b.
Goods and services which are not required by law to be procured pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of public moneys, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. To further these objectives, the library board is adopting internal policies and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law, Section 103 or of any other general, special or local law.
PROCEDURES FOR DETERMINING WHETHER PROCUREMENTS ARE SUBJECT TO BIDDING
Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; certain municipal hospital purchases, goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and County contracts; and surplus and second-hand purchases from another governmental entity.
The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item of service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate.
STATUTORY EXCEPTIONS FROM THESE POLICIES AND PROCEDURES
Except for procurements made pursuant to General Municipal Law, Section 103(3) (through County contracts) or Section 104 (through State contract), State Finance Law, Section 175-b (from agencies for the blind or other severely handicapped, special employment programs for the mentally ill or veterans’ workshops), Correction Law, Section 186 (articles manufactured in correctional institutions), or the items excepted herein (see below), alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law, Section 104-b.
METHODS OF COMPETITION TO BE USED FOR NON-BID PROCUREMENTS
The methods of procurement to be used are as follows:
Estimated Amount of Purchase Contract Method
|$2,999 - $10,000
||2 oral quotations
|$10,000 - $19,999
||3 written fax/quotations
or written requests for
Estimated Amount of Public Works Contract
|$2,999 - $10,000
||2 oral quotations
|$10,000 - $20,000
||2 written/fax quotations
|$20,000 - $34,999
||3 written fax/quotations
or written requests for
Documentation of actions taken in connection with each such method of procurement is required as follows:
A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.
AWARDS TO OTHER THAN LOWEST RESPONSIBLE DOLLAR OFFERER
Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
ITEMS EXCEPTED FROM POLICIES AND PROCEDURES BY BOARD
Pursuant to General Municipal Law Section 140-b(2)(f), the procurement policy may contain circumstances when or types of procurements for which, in the sole discretion of the library board, the solicitation of alternative proposals or quotations will not be in the best interest of the library. In the following circumstances it may not be in the best interest of the West Hempstead Public Library to solicit quotations or document the basis for not accepting the lowest bid:
a) Professional services or services requiring special or
technical skill, training or expertise. The individual
or company must be chosen based on accountability, re
liability, responsibility, skill, education and training,
judgment and integrity. These qualifications
are not necessarily found in the individual or company
that offers the lowest price and the nature of these
services are such that they do not readily lend themselves
to competitive procurement procedures.
In determining whether a service fits into this category,
the West Hempstead Public Library Board shall take into consideration the following guidelines:
(a) whether the services are subject to State
licensing or testing requirements.
(b) whether substantial formal education or
training is a necessary prerequisite to
the performance of the services; and
(c) whether the services require a personal
relationship between the individual and
(d) Whether the services to be rendered can be more
effectively provided by a professional possessing
a continuity of representation.
ITEMS EXCEPTED FROM POLICIES AND PROCEDURES BY BOARD (cont’d)
Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician, technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and /or services of an insurance broker.
a) services of a certified public accountant; investment
management services; printing services involving extensive writing, editing or art work; management of
municipality owned property; and computer software or
programming services for customized programs, or
services for customized programs, or services involved
in substantial modification and customizing of pre-packaged software.
b) Emergency purchases pursuant to Section 103(4) of the
General Municipal Law. Due to the nature of this ex-
ception, these goods or services must be purchased
immediately and a delay in order to seek alternate
proposals may threaten the life, health, safety or
welfare of the residents. This section does not
preclude alternate proposals if time permits.
c) Purchases of surplus and second-hand goods from any
source. If alternative proposals are required, the
West Hempstead Public Library is precluded from purchasing surplus and second-hand goods at auctions
or through specific advertised sources where the
best prices are usually obtained. It is also
difficult to try to compare prices of used goods
and a lower price may indicate an older product.
d) Goods or services under $1,000. The time and
documentation required to purchase through this
policy may be more costly than the item itself
and would therefore not be in the best interests
of the taxpayer. In addition, it is not likely
that such deminimis contracts would be awarded
based on favoritism.
INPUT FROM OFFICERS
Comments concerning the policies and procedures shall be solicited from officers of the political subdivision or district therein involved in the procurement process prior to the enactment of the policies and procedures, and will be solicited from time to time hereafter.
The board of trustees shall annually review these policies and procedures. The Library Director or Secretary to the Library Board shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
UNINTENTIONAL FAILURE TO COMPLY
The unintentional failure to fully comply with the provisions of General Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the West Hempstead Public Library or any officer or employee thereof.