Effective September 20, 2010
- Age, race, creed, color, gender, sexual orientation or national origin shall never be grounds to employ or not employ any applicant.
All appointments to the staff are made for a probationary period of 26 weeks, during which time the employee may be released for incompetence or misconduct at the discretion of the director. At the end of the probationary period an evaluation of performance will be made, by the director and the employee's supervisor, and then submitted to the Executive Committee of the Library's Board of Trustees for approval.
Following the satisfactory completion of the probationary period, the employment of a full-time staff member — unless appointed on a temporary basis — carries with it all possible assurance of continuous employment as long as the staff member performs the duties assigned in accordance with the policies of the library. If the employer (Kingston Library) must fire and employee, a non-exempt employee will receive two weeks’ notice and an exempt employee will receive one month's notice.
The employee is expected to give the Library the same notice, except in the case of illness or family emergency.
In the case of gross misconduct on the part of the employee, immediate termination will take place by decision of the Director. Civil Service law shall be followed notwithstanding any of the above policies.
- Each employee shall meet with their supervisor at least once a year for evaluation purposes. One copy of the result of this evaluation shall be kept on file, and a copy shall be given to the employee.
- When vacancies occur, the library shall fill them by promotion or transfer if appropriate. Applicable Civil Service laws apply.
Conditions of Work, Employee Benefits
Hours of Work
Full-time members of the library staff work on a 40-hour per week schedule. Each staff member is allowed a relief period of 15 minutes of paid time for each continuous working schedule of 4 hours of more. A paid lunch period of 1/2 hour is allowed to every staff member working more than 4 hours on any day.
If the library is closed for reasons other than a scheduled holiday during the hours an employee is scheduled to work, they will be paid for those hours.
Non-exempt employees who work full-time (40 hours per week) will be granted compensatory time (comp-time) off in lieu of monetary overtime compensation, at a rate of one and one-half hours for each hour of overtime worked. Time worked over forty (40) hours must be authorized in advanced by the Library Director. Compensatory time must be taken within 6 months after it is granted. Employees may receive monetary compensation at time and a half pay for overtime worked by decision of the library director and board of trustees.
The director receives 20 days of vacation each calendar year. All other staff members are granted five days of vacation the first year, ten days of vacation the second year, and 15 days of vacation each year thereafter. Vacation may not be taken during the probationary period. Vacation time for any staff member working at least 20 hours a week but less than full-time will be prorated, based on the percentage of a full-time schedule actually worked. It is the director's responsibility to schedule vacations so that there is always sufficient staff to conduct library business. As a consequence, vacations must have the approval of the director at least two weeks before they are scheduled to occur.
Each employee is encouraged to take vacation in the year in which it was earned. Only 5 vacation days may be carried over to the next year.
If severed from employment, the employee will be compensated for any accrued, unused vacation following their effective date of severance. During the first and last years of employment, vacation time shall be prorated on the basis of one-tenth of the stipulated time for each month of employment that calendar year.
Full-time employees receive 12 sick days per calendar year which are granted at the beginning of the calendar year. Sick days may be accumulated to a total of 60 days. Sick leave days may not be added to vacation. Sick days for employees less than full-time shall be treated on the same prorated basis as vacation (see section
Vacationsabove) Probationary employees will receive one sick day per month during the probationary period. Upon successful completion of their probationary period, the employee will be granted the prorated allotment of their sick time for the balance of that calendar year. Upon severance from the library employees are entitled to payment of one half day's wages per unused sick day. If the employee’s employment ends during their probationary period, there will be no compensatory payment for unused sick days.
Paid time off to conduct personal business will be available to full-time staff each year, beginning with two days a year and adding one day a year to a total of five in the fourth year of employment. The Director or the employee’s immediate supervisor must approve the use of personal time to ensure adequate staff is available at the time of the request.
Personal leave days may not be added to vacation. Personal leave days for less than full-time staff will be prorated (see section
Up to three days funeral leave shall be provided per event in case of death in the immediate family (spouse, mother, father, child, sibling, grandparents, mother in law, or father in law). Employees may, with their supervisors' approval, use other available paid leave for additional time off as necessary. Special circumstances will be considered.
Staff members will be excused for jury duty in accordance to local, state and federal law.
Unpaid leave will be granted by the Board of Trustees in accordance with the Family and Medical Leave Act. Medical insurance will be continued for employees who receive health coverage through the library, or employees will receive payments in lieu of coverage through the library.
Unpaid leave for educational, travel, or other purposes may be granted by the Board of Trustees. Requests for leave are to be submitted in writing to the director, who in turn will forward them to the Board of Trustees for consideration. Each case will be considered on its individual merits.
Any employee whose regularly scheduled hours exceed 30 hours per week is immediately eligible for individual health insurance paid for by the library. Any employee requiring family coverage will be personally responsible for paying the difference in cost between individual and family coverage. This benefit is for health insurance coverage, and any employee not requiring the health insurance coverage is not eligible for additional wages in lieu of the coverage, except under the condition noted in
Payments in Lieu of Health Insurance Coveragebelow.
The Board of Trustees will also consider providing health insurance coverage on a case-by-case basis for permanent part-time employees with more than 5 years of service.
Payments in Lieu of Health Insurance Coverage
An eligible employee, presenting evidence of other health insurance similar to that provided by the Kingston Library, may elect not to receive coverage under the Kingston Library insurance policy. In the event of such election, the employee shall receive a monthly payment in lieu of such coverage in an amount to be set by the Board of Trustees annually at its November meeting and subject to change each year. Such monthly payments shall continue so long as the employee's employment, eligibility for coverage under the Kingston Library insurance policy and opting-out election shall continue. The employee shall make such election in writing within 30 days after the November board meeting at which the payment amount for the ensuing year is determined, or after the employee first becomes eligible for inclusion in the Kingston Library insurance policy. Employees will be given the opportunity each September to decide whether to continue to opt out or to join the library's insurance policy. In the event of a loss of other insurance, an employee may at any time request resumption of coverage and the elimination of the payment in lieu of coverage.
All Kingston Library employees are eligible to participate in the library sponsored 403(b) plan. After two years of employment, a full-time employee becomes eligible for an employer match of an amount up to 4% of the employee’s salary into Kingston Library's 403(b) plan. The employee may contribute more than 4% of their salary up to the amount allowed by law. In no event shall the employer’s contribution exceed 4% of the employee's salary. Part-time employee’s participation can make employee-only contributions up to the amount allowed by law.
All full-time employees are entitled to the paid holidays listed in section
Holidays and Bad Weather Conditionsof library policy. After 26 continuous weeks of employment, permanent part-time employees who work at least 20 hours but less than full-time will receive 7.5 paid holidays per year on a prorated basis.
Dates of regular holidays will be determined by the Board of Trustees at the beginning of the year, and the Director will designate which ones are to be claimed.
Electronic Communications Policy Guidelines
The Kingston Library provides e-mail accounts to library employees and possibly to other employees working for the Library in a capacity such as an Independent Contractor. Usage of the Library's e-mail system indicates the user will abide by this policy. When the user's position or employment relationship at the Library ends, the individual's e-mail will be terminated.
Material that is fraudulent, harassing, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate may not be sent by e-mail or other form of electronic communications. The Library reserves the right to revoke e-mail privileges from any individual violating these policies.
Privacy and Monitoring
Employees of the Library can expect reasonable privacy of their e-mail accounts. However, the Library reserves the right to access, monitor and review an employee's e-mail account pertaining to misuse, needed information for operating matters relating to the Library, for e-mails that are subpoenaed for litigation, and so forth.
- Proper Usage
- Hours of Work
The Kingston Library is committed to having a trained and educated workforce. An employee and his or her supervisor will develop an individualized training program based on the job requirements, experience, and educational needs of the particular position involved. Staff members are urged to become members of civic, educational, and professional organizations, and to improve their skills in librarianship, and, with the permission of the library director, to attend library conferences and other professional meetings.
The library will make every effort to arrange schedules to permit staff members wishing to take further study to continue working at the library. As time allows, staff members may be asked to attend continuing education workshops. For travel and personal expenses involved in attending such workshops, mileage reimbursements will be paid, and reimbursement for other expenses may be allowed. Mileage rates will be paid at the rate set annually by the Mid-Hudson Library System. Within the library, training or information programs for the staff may be initiated either by the library director or by interested staff members.
- Punctuality is an essential requirement. Staff members who will be absent from their place of duty for a significant period of time should notify their supervisor or immediate co-workers.
- Eating and drinking are to occur during break or lunch times, out of public view.
- Conversation with either public or fellow staff members should be conducted quietly and kept within bounds of common courtesy.
- Personal business may not be conducted from the library during library business hours except for emergencies.
- Employees are expected to work with each other in an atmosphere free of verbal harassment.
- The patron has a right to expect the staff to be familiar with the library collection and to keep informed about new additions to it. However, reading while on duty is limited to professional periodicals, book reviews, and the like, unless a staff member's particular assignment requires the reading of other materials.
The Kingston library is committed to providing a working environment free of sexual harassment. Sexual harassment is a violation of Title VII of the 1964 Civil Rights Act, and Title I of the Civil Rights Act of 1991. It can be defined as follows: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
- Submission to or rejection of such conduct by an individual is used as the basis for employment affecting such individual; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
When an employee of the library feels that he or she has been sexually harassed, by another staff member or by a member of the public, that employee must promptly report the incident or circumstances to the library director, who will investigate the matter. Such a report may initially be made orally, but a formal complaint must be made by a written letter or memorandum detailing the incident or circumstance of sexual harassment. If the library director is involved in the circumstance, oral and subsequent written report will be made instead to the President of the Library's Board of Trustees, who will appoint a committee of three members of the board to investigate the matter.
Investigation of the matter will take place through separate interviews with the complainant and with the other staff member(s) involved in the incident. These interviews will be recorded in writing. The library director or the Committee of the Board of Trustees appointed to investigate such a complaint will also prepare memoranda of these conversations for the record. Care will be taken to preserve the privacy of these conversations, to honor the interests of both complainant and respondent. When a member of the public is involved in the complaint, and it is impossible to secure cooperation in the investigation, the proper authorities will be contacted immediately.
In some circumstances informal resolution of a complaint may be more satisfactory than formal proceedings. Agencies for informal resolution may include, but are not limited to, any one or more of the following: consultation with the library director and/or with the Board of Trustees, with an outside mediation agency, or with authorities concerned with public safety.
A written complaint should be filed with the library director or the President of the Board of Trustees; whichever is appropriate, as soon after the incident or circumstance as possible, but no later than twelve months following the incident. The library will maintain a record of all written memoranda of complaints received, including the complainant and respondent's names, and the outcome of proceedings, including sanctions imposed.
A complainant may file a formal complaint immediately or may do so after efforts to reach an informal settlement prove unsuccessful. The complaint will state clearly and concisely the complainant's description of the incident or circumstance, and will specify the remedy sought. The complainant must sign the complaint. The library will send the respondent a copy of the complaint within five working days after it is received.
The respondent will have ten working days to respond in writing. The reply will contain full and specific responses to each claim, admitting, denying or explaining the complainant’s allegations. The respondent must sign his or her response, which will be filed with the original complaint. Resolution of a formal complaint may take place through mediation, or through a hearing conducted by the library director, together with the members of the library's Personnel Committee (Executive Committee), or by a Committee of the Board of Trustees, accompanied by the members of the board's Personnel Committee (Executive Committee). Copies of agreements made by resolution through mediation will be sent to the library for file. If no resolution through mediation is possible, a closed hearing on the complaint will be scheduled.
The hearing will be conducted with due regard for the complete presentation of evidence about the incident. Complainant and respondent will have the opportunity to hear all testimony, to examine all evidence, to respond to any testimony, and present evidence and witnesses, which advance arguments relevant to the issues in contention.
Each party will have the right to be accompanied and advised by two people at any stage of the proceedings; one or both may be an attorney. The hearing will be recorded on tape and the tapes will become the property of the library.
After all evidence and testimony is presented, the library officials conducting the hearing, that is, the library director and members of the Personnel Committee (Executive Committee) or a Special Committee of the Board of Trustees and members of the board's Personnel Committee (Executive Committee), will convene for private deliberations to determine whether the library's policy on sexual harassment has been violated. If they find that a violation has not occurred, that fact will be registered in library records of the reported incident. If it has been violated, the officials will prepare findings and will recommend a penalty for the respondent and relief for the complainant.
Findings of fact as well as recommended penalty and relief will be based solely on testimony and evidence presented at the hearing.
Penalties will reflect the severity of the harassment. They may include, but will not be limited to: verbal admonition, written warning placed in the respondent's personnel file, probation, suspension without pay, demotions, removal from duties within a department, and dismissal. The officials may also recommend professional counseling, and may recommend relief for the complainant, which restores a proper working environment to the library operation. Nothing in the procedures outlined above may be construed to hamper the complainant's ability to seek state and federal remedies for perceived sexual harassment.
While it is impossible to list all circumstances that may constitute sexual harassment, the following are examples of conduct, which, if unwelcome, may constitute sexual harassment, depending upon the totality of the circumstances, the severity of the conduct and its pervasiveness:
- Unwelcome sexual advances, whether they involve physical touching or not
- Sexual epithets, jokes, written or oral reference to sexual conduct, gossip regarding one's sex life
- Comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess
- Displaying sexually suggestive objects, pictures, or cartoons
- Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments
- Inquiries into one's sexual experiences
- Discussion of one's sexual activities
Termination of Employment
In the case of termination of services, on the part of the employer, a part-time employee will receive two weeks’ notice and a full-time employee will receive one month's notice. An employee who resigns is expected to give the library the same notice, except in the case of illness or family emergency. Employees may be terminated for substandard work without notice during the probationary period. After the probation period, employees will receive oral and written counseling to improve substandard work before dismissal. Serious offenses, including but not limited to theft, use of drugs or alcohol while at work, physical assault, or a determination of sexual harassment on the part of an employee, may result in immediate dismissal without counseling. Employees who are terminated may file a grievance with the President of the Board of Trustees within five days of termination. A grievance must be made in writing.
If budget cuts necessitate a reduction in staffing levels, the library director will determine which positions can be cut to create the least negative effect on library services, and submit a plan to the library's Board of Trustees for approval before implementation. Longevity will be a primary factor in retaining staff.
Employees who leave in good standing or who are laid off will be paid for unused vacation and compensatory time, as well as for sick days that have not been utilized per the library’s policy.