Library Use Policies
Section 1. Purpose.
Trustees, directors, officers, employees and volunteers of the Northport-East Northport Public Library who in good faith report any action or suspected action taken by or within the library that is illegal, fraudulent or in violation of any adopted policy of the library shall not suffer intimidation, harassment, discrimination or other retaliation, or, in the case of employees, adverse employment consequence. The Board of Trustees recognizes that, in furtherance of this fundamental principle, there is a need for a whistleblower policy.
Section 2. Definitions.
(a) “Board” means the Board of Trustees of the Northport-East Northport Public Library.
(b) “Library” means Northport-East Northport Public Library.
(c) “Library officer or employee” means a paid or unpaid trustee, director, officer, employee or volunteer of the Northport-East Northport Public Library.
(d) “Policy” means this whistleblower policy.
Section 3. Applicability.
This policy applies to any library officer or employee, and shall supersede any prior library whistleblower policy. The provisions of this policy shall apply in addition to all applicable State and local laws relating to whistleblowers including, but not limited to, Article 18 of the General Municipal Law and Section 715-b of the Not-For-Profit Corporation Law and all rules, regulations, policies and procedures of the Library.
Section 4. Reporting Responsibility.
(a) It shall be the policy of the Library that any library officer or employee has a responsibility to report known or suspected violations in accordance with this Policy. This includes reporting any action or suspected action taken by or within the Library that is illegal, fraudulent or in violation of any policy of the Library, which the reporter has either actual knowledge of or has a reasonable good faith belief that same occurred. Suspected or actual wrongful action(s) regarding the Library finances and governance, include but are not limited to the following:
(i) Incorrect financial reporting;
(ii) Unlawful activity;
(iii) Activities that are inconsistent with the Library policies; and Adopted 12/20/14 Revised 09/19/19
(iv) Activities which otherwise amount to serious improper conduct.
Section 5. Reporting and Investigation Procedure.
(a) The Board shall oversee the adoption, implementation and compliance with this Policy.
(b) The Director of the Library shall be responsible for administering the Policy, overseeing an investigation, and reporting to the Board. Any reporting of actual or suspected illegal or fraudulent activity or actual or suspected violations of any adopted library policy shall be made in writing to the Director of the Library.
(c) With the exception of a person's report of his or her own violation, the reporter shall not be required to provide his or her name on a report. However, anonymous reports must include sufficient information, including but not limited to, the name of the person against whom the report is being made, the date of the incident, and a description of the incident, in order that an investigation can be conducted.
(d) If the investigation establishes that a violation of law, external regulation or Library policy has occurred, then the Director shall determine the appropriate action based upon law and Policy and make a recommendation to the Board. Civil or criminal prosecution will be pursued when warranted. If the investigation establishes that no violation of law, external regulation or Policy has occurred, then the Director shall report to the Board its findings and determination. The investigation is closed when the Director has deemed the investigation is complete and submitted a recommendation for a resolution and/or corrective action to the Board.
(e) The Director shall document the investigation and explain the rationale for any recommended resolution and/or corrective action. All documentation relating to the investigation, including the resolution and/or corrective action taken shall remain in the Library's records.
Section 6. Confidentiality.
All violations or suspected violations may be submitted on a confidential or anonymous basis. Reports will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation and prevent or correct suspected action(s). The Director shall disclose information relating to a report with those who have a need to know so that they can conduct an effective investigation and determine the action to take based on the results of any such investigation. In appropriate cases, the investigation documents will be shared with law enforcement personnel. Disclosure of reports to individuals not involved in the investigation shall be viewed as a serious disciplinary offense and may result in discipline, up to and including dismissal, termination or civil lawsuits.
Section 7. Distribution.
(a) The Director of the Library must distribute this Policy, including any amendments to the policy, to every Library officer or employee of the Library.
(b) Every officer or employee of the Library who receives a copy of this Policy or an amendment to the Policy must acknowledge such receipt in writing. Such acknowledgments must be filed in the records of the Library.