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Dear Readers, A few weeks ago I posted a question regarding a lib. dept. head (responsible for purchasing) who also worked as a consultant for a vendor with which his school system deals extensively. I wondered about the ethics of this. The anwers I received varied greatly. Unless your state specifies exactly what constitutes a conflict of interest, it seems to be up to the individual & these opinions vary greatly. I thank the people who responded to my query. I went to a higher authority with my concerns & I'll be interested in seeing what happens. As a postnote, a vendor recently told me that no vendors go to this district as word has circulated that it's basically a waste of time as no orders from competing vendors will ever pass. My conclusion is that if one is considering doing this arrangement, they'd better check out its legality first. Even if it is ultimately legal, you'd better make your superiors aware of it as people have a WIDE view of opinions on it as an ethical arrangement. I edited these for length: Eileen Spillane Library/Media Specialist Middletown Public Schools Middletown RI Spookys6@aol.com * I see nothing wrong with it whatsoever. The public sector he/she works for still has the right (not obligation) to purchase the way they want to. To me it just shows his/her versatility. Now if this librarian is quite "pushy" about the products she represents, that's another story perhaps, but you didn't mention if he/she is or not. * Professional Ethics is a complicated issue and needs some foundation from which to start. The underlying question should be : does the person assume unfair advantage in the situation and/or can gain some personal benefit by that advantage. There is, I believe, unfair advantage in this situation IF the person does not clearly identify that they work for (x), IF the person presents the product as the ONLY solution, IF they are in a position to make a decision to use a certain product knowing that others are available or more acceptable in that circumstance. I have found some interesting situations that also relate to this question : if an Administrator and a student are both seeking information at the same time, is it unethical to help the Administrator first? In Korea, I used a certain company because they provided the best product and service - but, at Christmas time, I received a present. Was it ethical for me to receive it? As a student-teacher, I faced the prospect of one of our students being "in love" with me (only a couple of years older) and I had to pose to myself the ethics of dating this girl. There are far more ethical decisions to make in the teacher-librarian profession, especially with so many willing to take advantage of trusts and friendships. No matter what, the final arbiter is you. What do you think - is there a conflict of interest? Remember the tenet "Thou shalt not steal" applies to your position in getting your employer the best deals possible. - * Where I come from, that is a conflict of interest, and clearly prohibited. (My wife just agreed -- she, too, works for the State of California, though in a different department than I do.) * In our state it is illegal for any public employee to (on public time) to act or convey any affiliation with a private vendor. If in fact a public employee has a second job that is okay but the two should definitely not mix. In fact, if we, for example, were a salesperson for xyz company and were selling to the district that would be a clear violation -- and cause for immediate termination but the district would also be in question for doing business with that xyz com. in fact recently our tech director had a computer business and while it was the best one in town the district could not do business since he was the proprietor. he could do business with every district around but not his district. State of Iowa laws governed this. * Sounds like clear conflict of interest to me--and stupidity or gall to talk about it. * I don't see any problem with it. I immediately think of two people in Washington who do this. They are great people. One is a single woman (widow) trying to get extra $ to put her kids through college. I just thought of another one who volunteered to demo a circulation system at her school and present once at a conference if they would "give" her the software. They did. She did. Then she "worked" for them at various national conferences for free travel and tuition and some $$. I also happen to know a few others (wonderful librarians) who got out of the profession to rep for companies. I know one makes a LOT of money now, but the lifestyle sure wouldn't suit me. * I think it would depend on the role the public librarian is playing in the library. Is she responsible for selecting andpurchaing materials? I know not all public librarians have this respobsiblity. If she doen then, then I would seriously question ethical issues. If she doesn't...it could be overlooked I suppose. * I have a similar situation myself. I have never considered it unethical. In fact, I think it enhances my own knowledge base and the ability to serve my students and teachers. I have been able to purchase some things at a discount also. I try never to do training in my own school district. I also take personal days for the time that I am away from my job. If I am using my own time and enhancing my skills I don't understand the conflict. * On one hand, it might seem unethical, on the other hand, if someone who is still active in this (or any) profession and genuinely feels that it is a useful and high quality product, and they are honest and straight-forward in their representations and in their dealings, I don't see a problem with it. They are, after all, professionals in their own line of work, and should know whether the product is one they would choose and recommend themselves, based not only on price, but usefulness and quality as well. They are associating their good name with the product. It would be preferable to have been genuinely impressed with the product/company and have been a regular customer of it prior to representing it, but that might not have been possible if it is a new product or part of new technology. As for the "pride" aspect, it sounds as if the real issue here is the attitude and actions of the person you described. I would hope that any rep would have pride in their product, as long as it was justified by the quality of the product or good service by the company, rather than a snobbishness or smugness of personality which seems to be what you are intimating, if I understand you correctly. * I see nothing wrong with this if it doesn't cloud decision making. The more we are "out there" the more respect our profession will gain. * I think this is a fairly common arrangement. There are a couple of ways in which this can be blatantly unethical and even illegal. One is when the librarian had the choice of vendor and the job with the vendor is a quid pro quo for selecting that vendor. This used to be such a problem in the defense and computer industry that some contracts specified that a vendor would hire no one from the buying agency for some period of time (1-5 years, usually) On the other hand, if the librarian didn't or doesn't select or recommend the vendor so there is no quid pro quo involved, the arrangement is frequently to the advantage of both employers. I'm in that position myself. I'm a computer consultant working part-time for a school district advising them on library automation issues and doing training for them. A couple of years after the district signed a long-term contract with a library automation vendor, the vendor approached me about also doing training for them. The vendor wanted me because I regularly work with and train school librarians and would remain current as long as I continued to work with the school district. My school district wanted me to do this because I would get additional training and practice myself, without the district having to pay for it. I feel that this is the kind of business/school partnership that is frequently encouraged and not unethical at all. Incidentally, when an arrangement like this is secret, it is much more likely to be unethical. If there is another point at which the vendor I work with is in the position of selling something new to my district, I might not be included in the selection committee because everyone knows that my opinions could be biased. If they did want me included I would have to make sure that all members of the committee were comfortable with my role. Does this help? I'd call it conflict of interest. I guess the key would be whether or not the person is soliciting business or just providing training once someone purchases. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-= To quit LM_NET (or set NOMAIL or DIGEST), Send an email message to listserv@listserv.syr.edu In the message write EITHER: 1) SIGNOFF LM_NET 2) SET LM_NET NOMAIL or 3) SET LM_NET DIGEST * NOTE: Please allow time for confirmation from Listserv. For LM_NET Help & Archives see: http://ericir.syr.edu/lm_net/ =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=