Suring Area Public Library Policies

 

Table of Contents

 

I. Library Users (Reviewed & Approved March 25, 2014)  (Back to Top)

A. The library will serve all residents and visitors of the community and the public library system area. Service will not be denied or abridged because of religious, racial, social, economic, or political status or because of mental, emotional, or physical condition, or age or sexual orientation.

B. The use of the library may be denied for due cause. Such cause may be failure to return library materials or to pay penalties, destruction of library property, disturbance of other patrons, or any other illegal, disruptive, or objectionable conduct on library premises.

II. Patron Responsibilities and Conduct (Reviewed & Approved March 25, 2014)   (Back to Top)

It is a patron's responsibility to maintain necessary and proper standards of behavior in order to protect his/her individual rights and the rights and privileges of other patrons. If a patron creates a public nuisance, that patron may be restricted from the library facilities and from the use of library materials. Those who are unwilling to leave or do not leave within a reasonable amount of time, after being instructed to do so by the staff, will be subject to the law. In the case of a minor child needing to contact a parent, they may do so and then wait in a place designated by a staff person until the parent arrives.

Young children:

The Suring Area Public Library encourages visits by young children and it is our desire to make this important visit both memorable and enjoyable for the child. Library staff is not expected to assume responsibility for the care of unsupervised children in the library.

Therefore, it is library policy that all children under age seven must be accompanied by a parent or designated responsible person while in the library. Also, if the young child is attending a library program, we require the parent/responsible person to remain in the library throughout the program.

III. Services of the Library (Reviewed & Approved March 25, 2014)   (Back to Top)

The library provides materials and resources for information, entertainment, intellectual development, and enrichment of the people of the community. The library should endeavor to:

  1. Select, organize, and make available necessary books and materials.
  2. Provide guidance and assistance to patrons.
  3. Sponsor and implement programs, exhibits, displays, book lists, etc., which would appeal to children and adults.
  4. Cooperate with other community agencies and organizations.
  5. Secure information beyond its own resources when requested. (Using interlibrary loan and other resource sharing methods provided through the system and state.)
  6. Lend to other libraries upon request.
  7. Develop and provide services to patrons with special needs.
  8. Maintain a balance in its services to various age groups.
  9. Cooperate with, but not perform the functions of, school or other institutional libraries.
  10. Provide service during hours which best meet the needs of the community, including evening and weekend hours.
  11. Regularly review library services being offered.
  12. Use media and other public relations mechanisms to promote the full range of available library services.

IV. Responsibilities and Authorities of the Library Board (Reviewed & Approved March 25, 2014)   (Back to Top)

Refer to Chapter 43 of the Wisconsin Statutes (particularly section 43.58), the Wisconsin Public Library Trustee Manual, and individual library bylaws for the responsibilities and authority of the library board and individual trustees.

The Suring Area Public Library encourages each library trustee to take advantage of training opportunities for trustees offered by the public library system or statewide agencies and organizations. Likewise, the Library encourages trustees to be active in the state library organization and its efforts to inform the governor and legislature of the benefits and needs of public libraries.

V. Volunteers and Friends (Reviewed & Approved March 25, 2014)   (Back to Top)

The Library Board encourages individuals and groups to volunteer their time and efforts in the service of the Suring Area Public Library. In appreciation of volunteer services, the Library acknowledges the need to organize volunteer activities and provide for appropriate recognition befitting the benefit to the library and the communities it serves.

Annual recognition will be given based on the number of hours of service. This will include a listing of volunteer names in a newspaper release, a certificate of appreciation, and the addition of a book to the collection in each volunteer's name.

A library friends group is a formal association of people who unite to plan and execute, in conjunction with library goals and the needs of the library director, programs and events to benefit the library. In particular, a friends group is often heavily involved in fund-raising for the library and often oversees periodic book sales. Friends groups serve the library board, which is the only body with legal authority to set policy for the development of the library.

VI. Personnel Policy (Updated & Amended April 22, 2014)   (Back to Top)

A. Management Policy: The duly appointed library board shall have all management rights, authorities, and responsibilities as stated in Wisconsin Statutes, Chapter 43.

  • The library board shall select, appoint, and when necessary for valid reasons, dismiss the director of the library.
  • The board shall establish all other positions and all wage and benefit levels for all library staff.
  • The library board shall provide an effective orientation for new directors to assure that the director understands a) the policies and processes related to the daily operation of the library, b) reporting and budgetary requirements that assure accountability and compliance with the law, c) the expectations of the board in regard to administrative processes and protocol, particularly as they relate to conducting effective and efficient board meetings, and d) rules and requirements for state certification and any assistance which is provided by the Library to acquire and maintain appropriate certification.
  • The library board shall conduct annual appraisals of the library director's performance, at which time personal and management goals can be discussed and negotiated.

B. Administrative Policy: The person appointed as library director shall be charged with the sole administration of the library.

  • The director shall be responsible to the library board in matters pertaining to and concerning the library; be present at monthly board meetings and prepare and present such reports and meeting documents as requested.
  • The director shall maintain financial records in an efficient manner; present periodic reports to the library board and to the municipal governing body; prepare the draft of the annual budget to be presented to the library board, and assist trustees with presentation of the adopted request for appropriation to the municipal governing body.
  • The director shall hold regular meetings with staff and/or volunteers for training and interpreting board policy.
  • The director will be responsible for preparing annual performance assessments for library staff and volunteers.
  • The director shall have the responsibility for collection development for all materials in the library; this includes selection, ordering, processing, weeding, and inventory of the collections according to the guidelines in the policy.
  • The director will recommend changes in or additions to library policies as needed.
  • The director will perform preparatory work to assist the board with regular library planning.

C. Salaries

A classification and salary schedule has been adopted by the library board. The plan is subject to regular revision so that it will remain equitable for both the library and the staff.

[While salaries will inevitably reflect, to some extent, the economic realities of the municipality, they will predominantly be based on the levels of responsibility, experience, and education required of the position for which they have been established. Salary surveys for the library's region and state will be helpful in determining equitable compensation.]

D. Health Insurance Policy-Follow Policy for Village of Suring

[For the purpose of determining benefits under VI D, E, F, and G, the board should be careful not to place too much importance on the fact that the library director may be paid only for part time hours. Most small public libraries are open fewer than forty hours per week and the director is consequently paid for less than forty hours. Nevertheless, the director is the chief executive for the organization with the full administrative responsibility for the operation of the library. In addition, the director, because of these responsibilities and the nature of the position, could qualify as an exempt employee under the Fair Labor Standards Act if salary was reasonable. This classification implies that the person is hired to perform the job, not merely to fill a specified number of hours. In fact, nearly every library director puts in work hours in addition to those for which he or she is paid through hourly computations. Therefore, the director is in practice, and should be in principle, a full time employee. As an executive and a full time employee, the director should receive reasonable benefits which would include health insurance with a significant portion of the premium covered by the library, vacation, holidays, and sick leave which can cumulate over the tenure of the director.]

All employees of the Village of Suring, including part-time employees, participating in the Wisconsin Retirement System (WRS) are eligible for group health insurance. The Village currently offers: The Stand Plan, State Maintenance Plan (SMP) and Heath Maintenance Organizations (HMO) through the Wisconsin Public Employers' Group Health Insurance program.

The Standard Plan (currently administered by WPS Health Insurance) a a fee-for-service indemnity plan which permits employee and eligible dependents to receive care from any qualified health-care provider anywhere in the world for treatment covered by the plan. Employee many be responsible for filing claims, and for finding providers who can best meet their individual needs.

The State Maintenance Plan (SMP) is another self insured plan that is available in those counties that lack a qualified HMO. The SMP has physician, hospital and specialty networks, and referral processes.

Employees currently insured may move among any of the options during the annual open enrollment period (Dual Choice) usually held in October.

For coverage, employees must, within 30 days of employment, complete the appropriate application form for the above benefits. Coverage is effective the first day of the month which occurs on or after the date the application is received by the employer and continues to the end of the month in which the employee has terminated his/her employment.

In the event for a change in coverage (i.e..: Marriage, divorce, adoption, birth of children, or a dependent gaining/losing eligibility status), employees must contact the Clerk-Treasurer within 30 days so appropriate paperwork can be filed. Depending on the event paperwork must be submitted within 30 or 60 days, failure to complete appropriate forms within the allotted timeframe limits participation to the extent that such application may or may not be accepted by the appropriate company. The Clerk-Treasurer can inform the employee what forms need to be filed within what timeframe. The Village will not arbitrarily change these requirements, however, from time to time insurance carriers may lessen or lengthen the days that paperwork has to be completed by and that is beyond the Village's control, so it is imperative that employees contact the Clerk-Treasurer as soon as reasonably permissible to ensure benefits are received or deleted.

The Village/Library pays for Ninety per cent (90%) of the heath insurance premium of the lowest-cost qualified plan available in Oconto County under the Wisconsin Public Employer's Group Health Insurance program and the employee pays ten per cent (10%). The 10% will be payroll deducted. The cost of a more expensive plan will only be paid by the village/library up to 90% of the lowest cost qualified plan. The employee is responsible for the difference in premium, which will be payroll deducted.

Part-time employees in the WRS will pay a portion of their health premium based on the percentage of a 40-hour week that they are hired to work. I.E..: 30 hours=75% employee therefore the village/library pays 75% of the premium, employee pays 25%. 

E. Vacation Policy-Follow Policy for Village of Suring

[See comments under VI D above]

The Village of Suring believes that adequate time must be provided to employees annually for rest and relaxation. For this reason, vacation earned shall be take within the calendar year. Vacation time shall be accrued by full-time employees. After an employee's probation period, accrued vacation days may be take subject to scheduling by the employer. Employees must be on paid-time status a minimum of ten (10) days in one (1) month to accrue vacation days for that month. The vacation year is the calendar year. Vacation time may not be carried from one (1) calendar year to another with the exception of one (1) weeks equivalent vacation into the next year. Vacations are not to be scheduled so that they carry over from the end of one calendar year into the beginning of the next, unless prior authorization has been granted by the Village Board.

Vacation benefits for designated part-time employees shall be pro-rated according to time worked during a calendar year. Vacation benefits for designated full-time employees shall be pro-rated for the first year of employment as follows: If the employee starts before July 1st at January 1st of the upcoming year the employee will be deemed to have completed their first year of employment. After January 1st of the following year the employee will be earning vacation on the basis of the second year.

If the employee starts on or after July 1st they must work until the following year (January 1st of the second year worked) to complete their first year of employment ( a maximum of 18 months). However, the employee will earn prorated vacation during the first year from the start date to January 1st. Similarly they will earn another allotment of first year vacation from January 1st to January 1st of the following year. After the second January 1st, the employee will earn second year vacation.

Years Employment: Vacation Time Accrued (Time calculated: 1 day=8 hours)
Start Date January: 40.00 Hours
Start Date February: 36.50 Hours
Start Date March: 33.00 Hours
Start Date April: 30.00 Hours
Start Date May: 26.50 Hours
Start Date June: 23.00 Hours
Start Date July: 20.00 Hours
Start Date August: 16.50 Hours
Start Date September: 13.00 Hours
Start Date October: 10.00 Hours
Start Date November: 6.50 Hours
Start Date December: 3.00 Hours

Start of Year 1: 5 days
Start of Year 2: 10 days
Start of Year 10: 15 days
Start of Year 20: 20 days

The minimum amount of vacation that may be taken is set by departmental policy, but may not be less than 4 hours in duration. All vacation selections must be pre-approved by the supervisor, in accordance with departmental policy.

Vacation benefits will not be paid to probationary employees who terminate, or are terminated, prior to the completion of their probationary period.

In the event of the employee's death, compensation for all unused vacation allowance shall be paid to his/her beneficiary.

F. Holiday Policy-Follow Policy for Village of Suring

[See comments under VI D above]

The Village of Suring pays the following holidays:

  • New Year's Day
  • Good Friday (Friday before Easter) (1/2 day)
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving Day
  • Friday after Thanksgiving
  • Christmas Eve (1/2 day)
  • Christmas Day
  • New Year's Eve Day (1/2 day)

Unless specifically provided for otherwise in this section, the holidays listed above shall be observed on the day established by the Wisconsin Statutes. Whenever any of the holidays falls on a Sunday, the succeeding work day shall be the holiday. Whenever any of the holidays falls on a Saturday, the preceding work day shall be the designated holiday. Holiday pay will be paid only to those employees who have worked their regular scheduled hours the day before and the day after the designated holiday, except if they are on vacation or jury duty. Regular part-time employees who are scheduled to work a holiday and work either the day before or the day after the holiday will be paid for the holiday.

When scheduled to work on a paid holiday, if the employee is unable to report to work, he/she shall not be eligible for the holiday compensation. Under no circumstances will an employee be compensated with both holiday pay and sick leave pay when the employee is unable to report to work on a scheduled holiday.

Protective service employees who, as a matter of course, must work on that holiday have negotiated alternative holiday benefits.

G. Sick Leave-Follow Policy for Village of Suring

[See comments under VI D above]

Full time employees of the Village of Suring will be credited with one (1) day of paid sick leave for each month of employment worked. (FT/40 hour employee one day = 8 hours *** PT/30 hour employee one day = 6 hours) If an employee receives pay for ten (10) normal workdays during a calendar month, that month will be considered a month of employment.

During their initial year of employment, new employees shall be entitled to a pro rata amount of days of sick leave based on the number of months of employment during the calendar year. New employees shall not be eligible to use paid sick leave during their initial probation period; however, upon completion of the probation period, new employees shall be credited with sick leave based upon their initial date of employment with the Village/Utility/Library. If an employee receives pay for ten (10) normal workdays during a calendar month, that month will be considered a month of employment.

Once the employee has reached the maximum accumulation of eighty (80) sick leave days, the Village shall deposit on an annual basis sixty percent (60%) of the day's wages for every month with unused sick leave into either an escrow or a savings account and payable to the employee or his estate upon separation from employment or death.

In the event an employee suffers compensatory illness in the course of performing his duties and qualifies for worker's compensation, said employee may use accumulated sick leave credits to bring the total compensation received (between the village on said sick leave and worker's compensation) up to the employee's regular base rate of pay for any given pay period. Sick leave may be used in this manner until all of the accrued sick leave has been paid. When worker's compensation is paid, such monies shall be paid to the Village; the Village shall pay the employee his actual wage.

Sick leave is granted for medical reasons only as an accommodation to employees and not as a fringe benefit. In order to accommodate absences for health reasons for less than a day, one-half (1/2) day of sick leave shall be charged against an employee's accumulation for each partial day during which an employee is absent from work for those reasons. The use of sick leave for purposes other than obtaining medical treatment or remaining home on medical advice and for medical reasons is an abuse of sick leave policy and grounds for termination. Sick leave will be granted to an employee who is unable to report to work due to non-work related illness or injury which physically prevents him/her from effectively performing the job.

Employees claiming the benefit of sick leave shall notify their supervisor (who shall notify the Clerk-Treasurer as soon as possible of the sick leave absence), or the Clerk-Treasurer, in the supervisor's absence, prior to or within the first fifteen (15) minutes of their normal starting time of their need to be absent. In the event the employee has not given such notification, sick leave may be granted if the circumstances justify the failure to give said notice. Any employee off work on sick leave shall, whenever possible, notify his supervisor of the intent to return to work on the day prior to returning. When notifying the supervisor, the employee must indicate what illness and/or injury prevents them from reporting to work, when they will be able to return to work and identify the location where they will be recovering. The Village retains the right to contact the employee at the location indicated any time during the employee's scheduled work day. Such contact shall be made at the discretion of the Village. Absence from relocation specified for recuperation without a valid excuse will be grounds for disciplinary action up to and including dismissal.

In the event of sick leave extending beyond three (3) days, the employee shall be required upon request to furnish the Clerk-Treasurer with a certificate of illness signed by a licensed physician. If the Clerk-Treasurer has justifiable reason to suspect that an employee is abusing sick leave, such certification of illness may be required and shall be furnished for sick leave of less duration.

The leave provided for in this section shall apply only to days that the employee is regularly scheduled to work and shall not apply to overtime hours or to days when the employee is on vacation, on funeral leave, military leave or on any other type of paid or unpaid leave of absence.

As a mutual protection for the employee and the Village, the Village may, to the extent allowed by law, require an employee to submit to a physical examination by the Village-designated physician when, in the opinion of the Village Board or appropriate committee thereof, the performance of the employee may have become limited or weakened by virtue of impaired health. The Village Board may require the employee to conform to the physician's recommendation as a condition of continued employment with the village. If the physician's report indicates that the employee is unfit to perform the duties of their job because of a physical condition, the village may place the employee on a temporary medical leave of absence. In all cases of injury requiring the services of a physician, it is the responsibility of the employee to obtain from the physician a release authorizing their return to work. No employee shall be allowed to return to work without a properly signed release from a physician. Management reserves the right to require a physician's release that an employee is fully capable of performing job functions, as described in the job description, when taking drugs prescribed by a licensed physician.

Another use of sick leave shall include any form of preventive medicine or treatment which requires the employee to take time off during normal working hours to see their doctor, receive hospital or clinical services, dental care, or any other similar medical attention. Such usage must be requested and approved prior to leaving the work station.

Sick leave pay shall not be considered a right which an employee shall use at their discretion, but shall be allowed as a privilege in such cases where the employee is sick or disabled as described above.

H. Leave of Absence: Leaves of absence without pay may be granted to library employees for maternity, adoption, illness, travel, military obligation or graduate or certification training. All leaves are considered on a case-by-case basis and must be approved by the director. A leave for the director must be approved by the library board.

Requests for leave should be submitted in writing as far in advance of the time when the leave is to begin as is practical. Written requests should indicate both a beginning and ending date for the leave. Vacation time must be used before an unpaid leave will be approved for reasons other than maternity, adoption, or military training.

When an employee is on unpaid leave he/she is responsible for all health insurance costs and other benefit premiums/deductions that may apply.

In some instances it may be necessary to deny a request for a leave of absence. Leaves are a privilege and can be granted only if the best interests of the library can be maintained.

I. Bereavement Leave: Library employees are eligible for three (3) days bereavement leave without loss of pay or sick leave credit in the event of the death in the immediate family, defined as spouse, children, brother, sister, or parents of either the employee or the employee's spouse. Additional time may be granted at the discretion of the Library Director or the Library Director's Designee.

J. Military Leave: Library employees who are duly enrolled members of the National Guard, State Guard, or any other organized reserve component of the Armed Forces of the United States shall be allowed a military leave of absence which has been ordered. The leave, under normal circumstances, will not exceed fourteen (14) days excluding Sundays and legal holidays.

The library can assure no loss of wages if the employee wishes to turn all earnings from the training period in to the library board. Benefits are not affected by a military leave as long as the leave stays within the fourteen day parameter.

K. Jury Duty: In the event a library employee is called for jury duty, the library will release them and assure no loss of wages. If fees and expenses paid to jurors do not equal or exceed wages normally paid by the library, these fees can be turned in to the library board and the employee will be paid their wages as usual.

L. Work Schedule Policy: Major changes in the director's schedule or other circumstances may not be made without approval of the library board. Requests for such shall be made in writing to the library board. Requests for changes in the work schedule of other staff or volunteers shall be made in writing to the library director.

M. Meetings, Conventions, and Workshops: The director, staff and trustees attending continuing education opportunities to aid the library shall be allowed expenses at the discretion of the library board according to the amount appropriated in budget for such. The director, staff and trustees are encouraged to attend and participate in continuing education activities. The director and staff shall be paid for their continuing education time, not to exceed eight hours per day.

N. Disciplinary Policy: An employee of the Suring Area Public Library may be dismissed for any action or behavior that causes the Library's image or operation to be diminished. This includes but is not limited to: incompetence, misconduct, inattention to assigned duties, or unapproved absences from work.
Normally termination would be a final step which would follow:

  • a substandard performance appraisal,
  • verbal and/or written warnings

It is important that complete and clear records be maintained of all disciplinary processes for the protection of the employee and the library.

The Library wants each employee to be successful in his/her job and will work with employees to eliminate deficiencies. While notice of intent to terminate can be expected, the Suring Area Public Library reserves the right to dismiss an employee without notice in cases involving theft, drug or alcohol abuse, criminal activity, or in instances of significant misconduct.

O. Resignation and Retirement Policy: A library employee wishing to resign or retire from employment must notify the director or the library board as soon as practicable. The library requests a minimum notice of two weeks. For the library director a notice of at least one month is preferred.

The employee must submit a formal, written resignation statement giving the exact date that employment is to be terminated. Between the time of notice and the time when employment ends a final performance appraisal will be conducted.

If the employee is entitled to benefits (such as earned, unused vacation) a lump sum payment can be made to the employee.

P. Grievance Procedure: It is the intent of the Suring Area Public Library that every employee shall have the opportunity to express concerns relating to the physical surroundings in which the employee works, procedures and conditions of the specific position, relationships with fellow workers or supervisors, and library rules as they apply to staff. A concern or grievance should follow the procedure below:

  • If possible, discuss the problem with the director. In the case of the director having a concern, this should be discussed with the board president.
  • If the director is part of the problem, or if the board president is part of the director's problem, the concern/grievance should be submitted in writing for the library board and be delivered to the director, who will deliver the statement to the board president. The board president will, in turn, present the concern, during closed session, to the full board at the next or a special board meeting.
  • The board's representative will respond to the employee within five (5) days of the board meeting at which the issue is discussed, either providing a determination, solution, or a strategy for how the board will address the issue over time.

Q. Equal Opportunity Employment Policy: It is the policy of the Suring Area Public Library to provide an equal employment opportunity for all qualified persons. Equal employment opportunity shall be according to the provisions of State and Federal laws and regulations.

R. Drug-Free Workplace Policy: In compliance with the Drug-Free Workplace Act of 1988, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited while performing work for the Suring Area Public Library, whether that work is carried out in the workplace building or not. All employees shall abide, as a condition of employment, by the terms of this notice and shall notify the library director or board within five (5) days of any criminal drug statute conviction for a violation occurring in the workplace.

Failure to comply with the above requirements shall be grounds for appropriate personnel action against such employee up to and including termination, or such employee may be required to satisfactorily participate in a drug abuse assistance or rehabilitation program.

S. Sexual Harassment Policy: Harassment on the basis of sex is a violation of Title VII (federal law) and Statute 111.36(b) (state law). Sexual harassment, either verbal or physical, is an unlawful employment practice and will not be tolerated by the Suring Area Public Library.

The Suring Area Public Library accepts and adheres to all definitions and procedures outlined in the law as regards sexual harassment. Any employee who engages in sexual harassment will subject themselves to disciplinary action up to and including termination.

VII. Materials Selection/Collection Development Policy (Updated & Amended April 22, 2014)    (Back to Top)

A. Objectives

The purpose of the Suring Area Public Library is to provide all individuals in the community with books and other materials to aid the individual in the pursuit of learning, knowledge, research, enjoyment, and the creative use of leisure time.

Because of the volume of publishing, as well as the limitations of budget and space, the library must have a selection policy with which to meet community interests and needs.

The materials selection/collection development policy is used by the library staff in the selection of materials and also serves to acquaint the general public with the principles of selection.

The Library Bill of Rights and The Freedom to Read Statement have been endorsed by the Suring Area Public Library Board of Trustees and are integral parts of the policy. The Library Bill of Rights and The Freedom to Read Statement were created and endorsed by the American Library Association and can be found on their website. If you would like a copy of either item please ask the Librarians at the Suring Area Public Library.

The materials selection/collection development policy, like all other policies, will be reviewed and/or revised as the need arises.

B. Responsibility for Selection

The ultimate responsibility for selection of library materials rests with the library director who operates within the framework of the policies determined by the Suring Area Public Library Board of Trustees. This responsibility may be shared with other members of the library staff; however, because the director must be available to answer to the library board and the general public for actual selections made, the director has the authority to reject or select any item contrary to the recommendations of the staff.

C. Criteria for Selection

  • The main points considered in the selection of materials are:
    • a. individual merit of each item
    • b. popular appeal/demand
    • c. suitability of material for the clientele
    • d. existing library holdings
    • e. budget
  • Reviews are a major source of information about new materials. The primary source(s) of reviews is (are) "Book Page," "Children’s Cooperative Book Center Choices," "Library Journal" and other critical use review sources as seen appropriate by the Director of the Suring Area Public Library.
  • The lack of a review or an unfavorable review shall not be the sole reason for rejecting a title which is in demand. Consideration is, therefore, given to requests from library patrons and books discussed on public media. Materials are judged on the basis of the work as a whole, not on a part taken out of context.

D. Interlibrary Loan

Because of limited budget and space, the library cannot provide all materials that are requested. Therefore, interlibrary loan is used to obtain from other libraries those materials that are beyond the scope of this library's collection.

In return for utilizing interlibrary loan to satisfy the needs of our patrons, the Suring Area Public Library agrees to lend its materials to other libraries through the same interlibrary loan network, and to make an effort to have its current holdings listed in a tool that is accessible by other libraries throughout the state.

E. Gifts and Donations

The library accepts gifts of books and other materials with the understanding that they will be added to the collection only if appropriate and needed. If they are not needed because of duplication, condition, or dated information the director can dispose of them as he/she sees fit. The same criteria of selection which are applied to purchased materials are applied to gifts. Memorial gifts of books or money are also accepted with suitable bookplates placed in the book. Specific memorial books can be ordered for the library on request of a patron if the request meets the criteria established by the Board. It is desirable for gifts of or for specific titles to be offered after consultation with the library director. Book selection will be made by the director if no specific book is requested. The Suring Area Public Library encourages and appreciates gifts and donations.

By law, the library is not allowed to appraise the value of donated materials, though it can provide an acknowledgment of receipt of the items if requested by the donor.

F. Weeding

An up-to-date, attractive and useful collection is maintained through a continual withdrawal and replacement process. Replacement of worn volumes is dependent upon current demand, usefulness, more recent acquisitions, and availability of newer editions. This ongoing process of weeding is the responsibility of the library director and is authorized by the Board of Trustees. Withdrawn materials will be handled in a similar manner and under the same authority as donated materials.

G. Potential Problems or Challenges

The Suring Area Public Library recognizes that some materials are controversial and that any given item may offend some patrons. Selection of materials will not be made on the basis of anticipated approval or disapproval, but solely on the basis of the principles stated in this policy.
Responsibility for the reading of children rests with their parents or legal guardians. Selection of library materials will not be inhibited by the possibility that materials may come into the possession of children.
Library materials will not be marked or identified to show approval or disapproval of their contents, and no library material will be sequestered except to protect it from damage or theft.

H. Challenged Materials

Although materials are carefully selected, there may arise differences of opinion regarding suitable materials. Patrons requesting that material be withdrawn from or restricted within the collection may complete a "Statement of Concern About Library Resources" form which is available in the library. The inquiry will be placed on the agenda of the next regular meeting of the Suring Area Public Library Board of Trustees.

VIII. Circulation Policy (Updated & Amended April 22, 2014)   (Back to Top)

A. Registration

All borrowers must be registered and must have a valid local or system patron card to borrow library materials. Patrons must fill out an application form to register for a new library card. The following statement will be printed on the registration form for the patron's information and acceptance:

I accept responsibility for library materials borrowed with the library card issued to me until I report the card lost or stolen. I agree to pay fines for materials returned to the library after their due date and to reimburse the library for materials that are lost damaged, or stolen.

Identification is required at the time a library card is applied for.  A driver's license, a student ID or any other official ID is acceptable.

Applicants under 13 years of age must have a parent or guardian give their consent on the application form before a new card can be issued. This parental signature is not required for children who are renewing cards.

Materials cannot be checked out until a library card is issued.

All library cards expire after one year. In order to renew a library card, patrons must produce identification and must clear all outstanding fines and bills.

B. Lost or forgotten cards

If a patron loses his/her library card, he should notify the library as soon as possible and request a replacement.  Replacement cards cost $3.00.

All patrons are expected to bring their library cards with them if they intend to check out items, place items on hold, use the computers or request information about their library account. Library service can not be received without a valid library card.

C. Loan periods

  • Four weeks for books except new, popular books that will be circulated for two weeks for the first three months they are placed in circulation. 
  • Suring Area Public Library has a small collection of reference books that do not circulate. Upon request, some reference materials may be checked out overnight.
  • Interlibrary loans are due the date indicated by the lending library.
  • Books and audiovisual material may be renewed once if there is not a waiting list for the title.
  • No more than 3 current issues of magazines may be checked out per patron at one time.  They may not be renewed and they circulate for one week.
  • Non-current magazines may be checked out for one week and may be renewed once if there is no hold on the title.
  • Two weeks for audio books and compact discs.
  • One week for audiovisual material.
  • One week for machine readable material with no renewals.

The director may establish the loan period for special collections, materials which are temporarily in great demand, such as for student projects, or materials added to the collection which are in a new format, e.g...., computer software.

  • Maximum items loaned 

The following is the total number of library items that may be checked out to a patron at one time:

  • Total checkouts (books, audiobooks, software):  75
  • Total checkouts of videos and DVDs:  25
  • Total checkouts of music CDs: 25
  • Total number of holds:  15

E. Reserves

Reserves may be placed by patrons either in person or over the phone.  Patrons must give their library account number when requesting service via telephone or e-mail. Patrons will be notified by e-mail or telephone when the materials are available. There is no charge to the patron for placing a reserve or for interlibrary loan services.

F. Fines and charges

  • Books are ten cents per day.
  • Audio visual items are $1.00 per day.
  • Magazines, audio books, music compact discs and computer software and fifty cents per day.

G. Damaged materials

If materials are damaged so as to be judged by the library as being unsuitable for the collection, the patron must pay the replacement cost plus a $4.00 service charge.  A notice of these charges will be sent to the borrower. The borrower may keep the damaged item that they pay for.

H. Confidentiality

As specified in Wisconsin Statutes 43.30, "records of any library which is in whole or in part supported by public funds, including the records of a public library system, indicating the identity of any individual who borrows or uses the library's documents or other materials, resources or services may not be disclosed except by court order or to persons acting within the scope of their duties in the administration of the library or library system, to persons authorized by the individual to inspect such records, or to libraries authorized under subs. (2) and (3)."

The Suring Area Public Library adheres strictly to all sections of this Statute regarding the protection of the confidentiality of its users.

IX. Patron Privacy of Library Records and Library Use (Updated & Amended April 22, 2014)  (Back to Top)

The Suring Area Public Library protects the privacy of library records and the confidentiality of library users as required by relevant laws.  In addition, the Suring Area Public Library supports the principle of freedom of inquiry for library users, and has adopted this policy to protect against the unwarranted invasion of the personal privacy of library users.

Legal requirements

The relevant Wisconsin laws concerning the confidentiality of library records are Wisconsin Statutes Section 43.30 and the Wisconsin Personal Information Practices Act (Sections 19.62 to 19.80).

Under Section 43.30, library records that indicate the identity of any individual who borrows or uses a library's documents or other materials, resources or services may only be disclosed:

  • with the consent of the individual library user;
  • by court order;
  • to the custodial parent or guardian of a child who is under the age of 16, who requests such library records (in this respect, “custodial parent” includes any parent other than a parent who has been denied periods of physical placement with a child under s. 767.24 (4));
  • to persons acting within the scope of their duties in the administration of the library or library system, or
  • to other libraries (under certain circumstances) for interlibrary loan purposes [see ss. 43.30(2) and (3)].

Wisconsin’s Personal Information Practices Act (Sections 19.62 to 19.80) requires all state and local government organizations (including public libraries) to develop procedures to protect the privacy of personal information kept by the organization. Libraries are required to develop rules of conduct for employees involved in collecting, maintaining, using, and providing access to personally identifiable information. Libraries are also required to ensure that employees handling such records "know their duties and responsibilities relating to protecting personal privacy, including applicable state and federal laws."

Records indicating the identity of library users include a library users name library card number, social security number, telephone number, street address, post-office box number or 9-digit extended zip code.
Records held by the library or library system that include personally identifiable information about library users may also contain information that must be provided to those who request that information, as required by Wisconsin’s public records law.  Personally identifiable information about library users must be redacted from any records that are publicly disclosed, except as the records are disclosed pursuant to one of the five exceptions provided under Section 43.30 (see above).  

Rules to be followed by library staff

  • As required by state law, library staff may only disclose library records indicating the identity of library users under the following conditions:
  • disclosure to staff members of the Suring Area Public Library, and the staff of other libraries and library systems only according to written procedures that comply with the laws cited above and that are approved by the Library Director
  • disclosure as authorized by the individual library user;
  • disclosure pursuant to court order (see below for handling of different types of court orders), or;
  • disclosure to the custodial parent or guardian of a child who is under the age of 16, who requests such library records.
  • Library staff must refer all requests for library records and all requests for information about particular library users to the Library Director
  • Library staff are not allowed to share information about use of library resources and services by identified library users except as necessary for the performance of their job duties and in accordance with procedures approved by the Library Director

Handling of court orders

[Note:  All search warrants are court orders, but not all subpoenas are court orders.  Library staff may not disclose library records in response to a subpoena that is not a court order.]

If a law enforcement officer (or anyone else) brings a  subpoena directing library staff to produce library records:

  • Notify the Library Director, or if the Director is not available, notify the highest-ranking staff person on duty.
  • The Director or the highest-ranking staff person should ask legal counsel to review the subpoena.
  • If the subpoena has any legal defects, require that the defects be cured before records are released.
  • If appropriate, ask legal counsel to draft a protective order to be submitted to the court keeping the requested information confidential and limiting its use to the particular case.  
  • Follow legal counsel’s advice for compliance with the subpoena.

If law enforcement officers bring a court order in the form of a search warrant:

  • A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
  • Request that the law enforcement officers wait until the library’s legal counsel is present before the search begins in order to allow legal counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant.  (The law enforcement officials are not required to accede to any request to delay the search.)
  • Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.

If FBI agents bring a court order in the form of a search warrant issued under the Foreign Intelligence Surveillance Act (FISA):

  • A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
  • Request that the law enforcement officers wait until the library’s legal counsel is present before the search begins in order to allow legal counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant.  (The law enforcement officials are not required to accede to this request.)
  • Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
  • It is illegal to disclose to any other person (other than those persons necessary to produce the tangible things sought in the warrant) that the Federal Bureau of Investigation has sought or obtained records or other items under the Foreign Intelligence Surveillance Act (FISA).

X. Reference Service Policy (Updated & Amended October 29th, 2013)   (Back to Top)

The Suring Area Public Library:

  • will provide information in the form of short answers to specific questions and guidance in locating material for patrons who appear in person, call on the telephone, or request information through correspondence;
  • will assist patrons in the use of the Library and teach basic research methodology, when appropriate (this includes providing help in developing a research strategy and advice on whether a trip to the Library would be worthwhile for individuals who telephone);
  • will provide bibliographic verification of items both in the Library and not owned by the Library and will assist patrons in obtaining materials through interlibrary loan, when appropriate;
  • may refer library users to other agencies and libraries in pursuit of needed information;
  • may use not only the Library's resources in printed form, but consult appropriate digital resources as well as the regional resource library and other agencies by telephone in pursuit of "ready reference" information.

XI. Programming Policy (Updated & Amended October 29th, 2013)   (Back to Top)

A "program" is a planned interaction between the library staff and the program participants for the purpose of promoting library materials, facilities, or services, as well as offering the community an informational, entertaining, or cultural experience.

Programming may include such activities as story times, films and activities on no-school days, summer library programs, book or author discussion groups, and informal continuing education.

The board, in conjunction with the library director, will establish a budget and goals for programming to facilitate the effective implementation of this service.

XII. Public Relations Policy (Updated & Amended November 26th, 2013)   (Back to Top)

A. Public relations goals of the Suring Area Public Library are:

  • to promote a good understanding of the Library's objectives and services among governing officials, civic leaders, and the general public;
  • to promote active participation in the varied services offered by the library to people of all ages.

B. The Board recognizes that public relations involves every person who has connection with the Library. The Board urges its own members and every staff member to realize that he or she represents the library in every public contact. Good service supports good public relations.

C. The director will be expected to make presentations and to participate in community activities to promote library services. A reasonable amount of library time will be allowed for preparation and speaking. Materials to be used by press, radio, or television will be approved by the director.

D. The board will establish a publications budget to cover costs related to printing, publication, supplies, and miscellaneous needs related to the public relations effort.

XIII. Equipment Use Policy (Updated & Amended November 26th, 2013)   (Back to Top)

A computer is available to patrons on a first-come, first-served basis. Instructions for operating hardware are displayed near the computer. There is no charge for use of the computer; however, in order to make the service available to as many patrons as possible, a time limit for usage has been imposed. That time limit is 30 minutes per session..  If no one is waiting to use a computer, that time limit may be extended to a maximum of 2 hours per day.  Library staff is available for general assistance in using the computer. However, staff is not expected to train patrons in the use of application programs. Tutorial manuals will be provided when available.

A printer is available. Printing is twenty five cents per page and must be paid for at the conclusion of the session. The patron is responsible for every page that is printed when they initiate the print command.

A photocopy machine is available to patrons who wish to copy materials at the rate of fifteen cents per page for single side and twenty five cents for double side copy.

An up to date notice warning concerning copyright restrictions will be posted on or near public copy machines, including computer printers.

XIV. Meeting Room Policy (Updated & Amended November 26th, 2013)   (Back to Top)

The Learning Center schedule will be maintained by the Suring Village Clerk.

XV. Displays and Exhibits Policy (Updated & Amended November 26th, 2013)   (Back to Top)

Two display cases are available in the foyer of the Suring Municipal Building.  The Library Director will be in charge of maintaining a rotating series of displays of Library events and activities as well as community artists, groups and clubs, events and activities.  These will be limited to non-commercial exhibitors.

XVI. Public Notice Bulletin Board Policy (Updated & Amended November 26th, 2013)   (Back to Top)

Bulletin board materials may be submitted for posting by nonprofit organizations only for civic, educational, or cultural purposes. Such organizations may submit literature publicizing a specific event. Limited space generally allows only short-term notices. The director must approve all postings and may prohibit postings which do not meet library standards. Library staff will place and remove postings promptly.

XVII. Disasters Policy (Updated & Amended November 26th, 2013)   (Back to Top)
Fire

Do not panic, but do not under-estimate the potential danger to customers or staff represented by a fire. At the first indication of smoke or flame, investigate the situation to determine location and extent of the fire. If the fire can obviously be contained and extinguished quickly and safely by staff, proceed to do so. However, if there is any doubt about whether the fire can be controlled, immediately call 911 or the fire department and then clear the building.

Library staff and volunteers will familiarize themselves with the type, location, and application of the fire extinguisher(s) in the building. They will insure that all building exits are free and clear of obstructions inside and outside of the building.

Health emergencies

Staff members should exercise caution when administering first aid of even a minor nature because of the safety of the injured individual and the potential liability of the staff member. Without specialized training it is not advisable for staff to undertake more than keeping the sick or injured patron comfortable and protected from needless disturbance until medical help can be obtained. Since each case is unique, staff members should use their own judgment to do what is prudent and reasonable.
The rescue squad and police should be called immediately in the event of any serious problem.
No medication, including aspirin, should ever be dispensed to the public.

Bomb threats

Keep the caller on the line as long as possible. Ask the caller to repeat the message and try to write down every word spoken by the person.

If the caller does not indicate the location of the bomb or the time of possible detonation, ASK FOR THIS INFORMATION.

Pay particular attention to peculiar background noises such as motors running, background music and any other sounds which may indicate where the location from which the call is originating.

Listen closely to the voice (male, female), voice quality (calm, excited), accents and speech impediments.
Immediately after the caller hangs up, call the police. Clear the building. The police will handle the actual bomb search.

Snow storms

The decision to close the Suring Area Public Library will be made by the Library Director or the Director's designated representative. The Library Director will take into consideration the recommendation of the Suring School District, but the final decision will be made by the Library Director.

The Director will notify the Library's staff. If there is a question of closing the Library when the Director is not working, the staff in charge will contact the Director. If the Director is unable to be reached, the staff person in charge will make the decision and notify all necessary staff members.

Full-time and professional staff impacted by an emergency closing must make up missed work time within the same week of the closing, or substitute accrued vacation, floating holiday or compensatory time or request leave without pay if other leave accrual balances have been exhausted. Part-time staff working 20 hours a week or less must reconcile missed work within the same pay period.

In the event of a major disaster, the Library Board may, at its initiative, suspend this policy.

XIII. Revision of Library Policies (Updated & Amended November 26th, 2013)   (Back to Top)

The preceding statements of Suring Area Public Library's policies shall be subject to review and needed revision at least every five years by the Library Board. Individual policies will be reviewed or added as needed.

XIX. Social Media Policy (Updated & Amended November 26th, 2013) (Back to Top)

Please follow us on Facebook - but follow us nicely!  Here is the new social media policy for the Suring Area Public Library in Suring, WI.

Social media are defined as any web application, site, or account created and maintained by the Suring Area Public Library which is an environment for library staff and library customers to share opinions and information about library related materials and activities. We encourage comments and we recognize and respect differences of opinion. Comments may, however, be blocked, edited, or removed if they contain:

  • Obscene, profane, or sexual content
  • Conduct or encouragement of illegal activity
  • Information that may tend to compromise the safety or security of the public or public systems
  • Content that violates a legal ownership interest of any other party
  • Personal attacks, insults, or threats
  • Potentially libelous statements
  • Organized political or religious activity or proselytizing
  • Private, personal information published without consent or about a minor
  • Content or hyperlinks unrelated to the forum
  • Commercial promotions or spam
  • Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, ancestry, national origin, age, sex or gender, handicap or disability, arrest or conviction record, marital status, sexual orientation, military service, or the use or nonuse of lawful products outside of the workplace
  • Images or sound recordings related to any of the above

Your submission of content constitutes your acceptance of these guidelines and your agreement to indemnify Suring Area Public Library and/or the Village of Suring and Townships of How, Breed, Maple Valley, and Bagley, its employees and officers, from and against all liabilities, judgments, damages, and costs (including attorneys’ fees) incurred by any of them which arise out of or are related to the posted content.

Neither the Suring Area Public Library nor the Village of Suring and Townships of How, Breed, Maple Valley and Bagley are obligated to take any actions as described above and neither is responsible or liable for content posted by any user. Users should recognize that their comments are being published in a public space available to anyone. There are no private postings.

Any content posted on the library’s website is a public record and is regulated by the Wisconsin State Public Records Law.


Appendices (Updated & Amended November 26th, 2013)   (Back to Top)

I. Form:  Statement of Concern About Library Resources, Suring Area Public Library

The Form is a PDF and can be found by clicking HERE.

_____________________________________________________________________________

II. Library Bill of Rights (Updated & Amended November 26th, 2013)   (Back to Top)

The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

  1. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
  2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
  3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
  4. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
  5. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
  6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

Adopted June 18, 1948.
Amended February 2, 1961, and January 23, 1980,
inclusion of “age” reaffirmed January 23, 1996,
by the ALA Council.

___________________________________________________________________________________

III. The Freedom to Read Statement (Updated & Amended November 26th, 2013)   (Back to Top)

The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label "controversial" views, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to counter threats to safety or national security, as well as to avoid the subversion of politics and the corruption of morals. We, as individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to assert the public interest in the preservation of the freedom to read.

Most attempts at suppression rest on a denial of the fundamental premise of democracy: that the ordinary individual, by exercising critical judgment, will select the good and reject the bad. We trust Americans to recognize propaganda and misinformation, and to make their own decisions about what they read and believe. We do not believe they are prepared to sacrifice their heritage of a free press in order to be "protected" against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression.

These efforts at suppression are related to a larger pattern of pressures being brought against education, the press, art and images, films, broadcast media, and the Internet. The problem is not only one of actual censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy or unwelcome scrutiny by government officials.

Such pressure toward conformity is perhaps natural to a time of accelerated change. And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with controversy and difference.

Now as always in our history, reading is among our greatest freedoms. The freedom to read and write is almost the only means for making generally available ideas or manners of expression that can initially command only a small audience. The written word is the natural medium for the new idea and the untried voice from which come the original contributions to social growth. It is essential to the extended discussion that serious thought requires, and to the accumulation of knowledge and ideas into organized collections.

We believe that free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures toward conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings.

The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.

We therefore affirm these propositions:

  1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those that are unorthodox, unpopular, or considered dangerous by the majority.
  2. Publishers, librarians, and booksellers do not need to endorse every idea or presentation they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what should be published or circulated.
  3. It is contrary to the public interest for publishers or librarians to bar access to writings on the basis of the personal history or political affiliations of the author.
  4. There is no place in our society for efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression.
  5. It is not in the public interest to force a reader to accept the prejudgment of a label characterizing any expression or its author as subversive or dangerous.
  6. It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large; and by the government whenever it seeks to reduce or deny public access to public information.
  7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, they can demonstrate that the answer to a "bad" book is a good one, the answer to a "bad" idea is a good one.

We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of the written word. We do so because we believe that it is possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.

A subpoena is a call to come before a court, and may include a direction to bring specified records.  Not all subpoenas are court orders.  The system legal counsel can determine if a particular subpoena is a court order.  A subpoena normally indicates that a response is required within a certain number of days.  Library system staff may not disclose library records in response to a subpoena that is not a court order if those records indicate the identity of library users.

A search warrant is a is an order signed by a judge directing a law enforcement officer to conduct a search of a designated person, a designated object or a designated place for the purpose of seizing designated property or kinds of property. 

The USA Patriot Act amended the Foreign Intelligence Surveillance Act (FISA) to allow the FBI to apply for a court order requiring the "production of any tangible things (including books, records, papers, documents and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment..."