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.
[This question is a quasi-fictional mash-up of some questions we got from some town libraries and a cooperative library system.]
First: I'd like to thank the libraries and the library system who brought up this issue. The questions raised in this submission only materialized because they were committed to careful reading of the law and to doing the right thing.
Second: before answering, I have to set out two caveats.
A school district public library is considering installing closed-circuit cameras and thinking of enabling sound recordings, too. Is it legal to record sound, thinking it is a violation of patron privacy? Can board members review the tapes?
The answer to these highly specific questions will assume readers have reviewed the ALA's excellent general guidance at https://www.ala.org/advocacy/privacy/guidelines/videosurveillance and the "Ask the Lawyer" guidance here: https://wnylrc.org/raq/patron-pr
The library is chartered as a school district public library and thus exempt from NYS sales tax. Due to a mold issue we ended up having our HVAC contractor rent two humidifiers for us, the contractor made the arrangements and we paid for the rental via the contractor. The contractor told the renting business that we were tax exempt. The renting business refuses to remove the sales tax.
Short answer: You can't find anything to verify that claim because what is claimed is wrong.
Long answer: The rental business may be wrong, but I can't blame them the way I can blame someone for parking in a "No Parking" zone.[1]
Does a contractor have to comply with FOIL request if they are contracted to a county government?
New York's Freedom of Information Law, or “FOIL”, applies to government agencies (including public libraries) but cannot be used to compel private companies (or individuals) to allow inspection or copying or records.
The NYS law requiring people to demonstrate a reason to conceal carry a weapon has been overturned by the Supreme Court. What this means for libraries. Is there anything we can do to prevent guns in the library?
When New York’s "proper-cause requirement" for obtaining an unrestricted license to carry a concealed firearm was struck down by the United States Supreme Court on June 23, 2022[1], the New York State Legislature--in a state still reeling from fatal gun violence in Buffalo just weeks before--swiftly passed laws to replace it.[2
There are reports of first amendment audits happening in rural towns and villages. Public libraries are limited public forums - how can we stop the filming, as quietly as possible without causing a social media frenzy.
For a person who hasn't run into this concept yet, a so-called "First Amendment audit" is an increasingly popular trend where people visit government buildings and demand access to information--along with the privilege to film on site--all in the name of the law, democracy and transparency.
As a lawyer and U.S. citizen, I am all for the law, democracy, and transparency.
We are beginning our long-range planning process and are asking patrons to fill out a community survey to assess what the community wants to see in the library now and in the future. Thinking it was a good idea to raffle off gift cards to encourage participation, I gave my board trustees a letter requesting a donation of gift cards.
Following our "do not reinvent the wheel" rule for "Ask the Lawyer," prior to diving into this, we checked the "Trustees Handbook" posted at https://www.nysl.nysed.gov/libdev/trustees/handbook/handbook.pdf. On page 57, it provides an excellent summation of the concern at play in the issue of trustees and fund-raisin
My hometown library has implemented a fitness waiver for their movement and exercise activity programs. I am wondering if this is a good idea for my library. We provide some exercise classes including chair yoga, Zumba, nature walks, and are looking into another movement class activity.
I have a lot of fun-loving clients. Here are some examples of activities I've created liability waivers for:
Should libraries that have Notaries Public on staff have notary liability insurance for those library staff? Or would that be covered by the library's general liability insurance? We don't want our staff who are providing Notary Public services to be putting themselves at risk.
These are very important questions.
Just in case any reader needs a refresher, a "notary public" in New York performs critical services: administering oaths and affirmations, taking affidavits and depositions, certifying acknowledgements or proof of critical documents (such as real property deeds, mortgages, and powers of attorney), and certifying copies of official documents.
