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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.

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