We are a small, rural, association library that serves a population of under 4,500. We recently received an Abuse or Molestation Exclusion from our general liability/property insurance company.
Before answering this question, I have to point to the extraordinary care the member has put into formulating it.
Prior to considering insurance coverage as a question of budget, this member library has:
Politics are impacting libraries more than ever, and our library organization is considering hiring a lobbyist to represent our interests in Albany. We know that as a non-profit we can't engage in "political activity", but can we hire a lobbyist? And if we can, what do we need to be thinking about, legally?
This answer applies to an association library, a cooperative library system, or regional library council (e.g. the Western New York Library Resources Council or the Northern New York Library Network).
It can also apply to a chartered museum or historical society.
We are an association library that would like to appoint our interim director to the permanent position, but we are concerned: Do we have to have a search? Are there any legal concerns with simply moving ahead and voting to give them the position?
Here are the questions I would explore with an association library facing this situation:
My association library is updating our meeting room policy. I've read Ask the Lawyer's previous advice on meeting rooms, as well as ALA's guidance. I have two questions that I can't find guidance on:
As the member points out, there have been a few other "Ask the Lawyer" RAQ's on room use, so for those who want to do some background reading, here are the RAQ's the member refers to:
I found some information that may indicate that association libraries which charge patrons for faxes should collect sales tax.
How does the NY HERO Act https://dol.ny.gov/ny-hero-act apply to the different types of libraries? Are Association Libraries included?
The letters in the "NY HERO Act" stand for "Health and Essential Rights."[1]
What "essential rights" does it protect?
I serve on the board of an association library.
Before I answer, I would like to thank this unnamed trustee for bringing forward this important issue. Dealing with personal legal matters is rarely easy; remembering to factor in consideration of one's volunteer obligations at the same time is impressive.
Are public or private libraries obligated to give paid time off for eligible employees to get the vaccine during work time? A staffer is planning to go upstate for it on a work day and the question came up if they have to use sick time or just "get the day" to take care of this. Thank you!
Non-governmental employers
Recent changes to the Labor Law make the "private" part of this question easy to answer: since all employers must now offer all employees sick leave (unpaid if the employer has under four employees, paid if five or more), an employee may use that sick leave for the purpose of obtaining medical care, including to get vaccinated.
We are a private association library. There is a "difficult" patron who sits on a bench (almost everyday doing nothing but trying to talk to anyone nearby) which is immediately next to our front doors on library property. We are doing curbside pick-up so the staff places the library items immediately outside the front doors on a table. The patrons come to the table to pick them up.
[An association library asks...]
This "Ask the Lawyer" answer is being composed on December 28...that cold, snowy time between Christmas and New Year's, when the courts (even during non-COVID times) are slow, staff are on holiday, and lawyers sit around thinking about catching up on filing, or even (gasp) leaving the office early to shovel, or take their kids sledding.
