Public Libraries

If a prospective employer specifically asks about a candidate’s physical capacity to do a job and they say they can do all of the tasks required, and then notify us afterwards that they need accommodations for things they said they could do without them, are we:

a) by law required to provide them 

OR

A minefield, indeed.[1]

The first issue in this question is the premise: “If a prospective employer specifically asks about a candidate’s physical capacity to do a job and they say they can do all of the tasks required…”

I read the response to the question of whether certain types of libraries must abide by the minimum wage in New York (https://wnylrc.org/raq/minimum-wage-public-library-employees).

Before I answer, let’s confirm: sometimes, base pay (hourly wage or salary) is the only compensation an employee gets, while sometimes, compensation is base pay plus a robust combination of benefits.

A school district public library would like to open up a line of credit so it can get a credit card. Is there a legal reason why this type of library - or, for that matter, any public library (association, school district, municipal, or Indian/Tribal) can only get a debit card and not a credit card? It is understood that best practice would involve a strong policy regarding its use.

A line of credit and a credit card are like a paint roller and a paint brush—they might perform the same basic function, but they work differently.

A line of credit or “revolving credit” gives a person or entity the ability to borrow money, without the borrowed money being tied to a particular purchase.

We have 12 employees of the Library. 3 are salaried the rest are minimum wage. Are Library employees subject to NYS DOL Minimum Wage Law as well as the Wage Orders for salaried employees? We are unsure where we would fall. Our funding comes from taxes/aid/grants. We are looking for an answer as soon as you are able as we are preparing our budget for next year.

First things first: as private entities (much like private colleges or historical societies) association public libraries in New York are without question subject to both state and federal laws governing minimum wage and overtime, as well as other worker protections that apply to private entities.

Is it required or advised that the Friends group (ours is a separate non-profit) have their own insurance? Monetary restrictions have resulted in our FOL group dropping their annual insurance as they understood it was not "required."

There is a large array of insurance coverage a not-for-profit organization might be required to have, and another, equally large array of coverage this is "optional" but may be advised as wise.

Most of the "required" coverages are due to having employees.

What would it look like if a Public Library hired a part-time social worker to help patrons deal with some of their everyday life issues that may come up while visiting the library? I see the potential benefits but can imagine a lot of complications.

The New York State Education Department’s Office of the Professions, which oversees the licensure of social workers, describes social work this way:[1]

Our library gets taxpayer funding from its own line on a school district tax bill. We know this "259" funding is a recurring tax that can only be changed with approval of the voters. That said, this year the total amount remitted by the school district was reduced due to "corrections" made after the tax bills went out.

The short answer is yes, it's true. A school district tax levy, even if it’s a separate line on a school district bill in support of a library, can be reduced if a taxpayer challenges their assessment after the tax bills go out, and yes, since 2022, a library may have to refund overpayments.

I have always been under the impression that it is illegal for public libraries to fundraise on their own, aside from 2 book sales per year. If a school district public library no longer has a Friends Group, can it host fundraisers? For example, could the library itself host a bingo night and raise money? Can a school district public library send out a fundraising letter?

There are a lot of questions packed into this submission!

Let's take them one at a time.

First question: "I have always been under the impression that it is illegal for public libraries to fundraise on their own, aside from 2 book sales per year." [1]

The [NAME REDACTED] Public Library has a materials selection policy in place. When recently updating the policy, trustees had questions about the "responsibility" section which states:

What an insightful question.

Here is my answer: no, "delegate" is not quite the right word in this context.  A more suitable phrase could be:

"Per library policy, the Director, or an employee designated by the Director, has authority and responsibility for the selection of library resources."

Here is why:

A local artist has asked for us to become a fiscal sponsor (act as a “pass-through” organization). Is this something a public library can do?

A "pass-through" is when a 501(c)(3) organization agrees to let a non-501(c)(3) use its tax status to accept grant money.  It’s a not uncommon arrangement; in fact, some 501(c)(3)’s are actually set up to do it so smaller and less established organizations can benefit from grant money.