Policy

A former employee who was fired for cause was denied unemployment benefits from DOL and has appealed the decision. Our board has been advised by our outside HR provider to not have contact with the former employee to make sure they don’t provide any support for the appeal or a legal claim. Is that a valid concern?

Yes, it is a valid concern.

Let’s break it down and explore why.

Once an employee is terminated—whether or not for cause—a former employer should have policies to govern the post-employment relationship.

At a bare minimum, these policies should address:

We have an archive in our Library. We recently got a large donation of research that was used by the donor in the process of researching a book (we have the book in our catalog).

We were hoping the research was primary and original, but upon review, it largely consisted of:

Dear Discombobulated:

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.

We were recently reviewing our reconsideration procedure and form. One of my trustees has completed a training on book bans and challenges. The presenter (Jamie LaRue) recommended that the library requires the book (or item) have been read (viewed or listened to) fully by the patron in order to submit a request.

This question threw me into an existential spiral.

Unlike most existential spirals I get hit with these days,[1] this one was fairly pleasant; I got to think about New York State Education Law, due process, and library plans of service.

Here is how it went down:

My school district public library system just reviewed a new (April 25th, 2024) NY Education Department Decision by the Commissioner, addressing the proper procedure for evaluating school library books. What does this decision mean for school libraries and school library systems?

The member is referring to NYSED Commissioner Decision #18,402, which resolved an appeal related to books in a school library.

My library knows that service animals provide vital assistance to patrons with disabilities, and that they must be allowed on library premises without pre-approval.

We also know that when a service animal is brought into the library by a visitor, we can only ask if the animal is needed for a disability, and what work or task it has been trained to provide.

First: Because of the restrictions you cite, continue to not take the bait! If this person is indeed taunting library workers and daring them to deny access, continue to address the situation with tactical restraint.[1]

Recently, a page at the library made some comments that were less than flattering about how the local town was handling a new subdivision. The town supervisor came to me (we are an association library and not part of the town government) and asked if our personnel handbook had any language about social media use.

Some questions are tricky, some questions are complex, and some questions are simply a Huge Spider Web of Extremely Intricate and Dangerous Contingencies.

Not to be too dramatic, but this question is that last one.

What creates this tangled web?[1] Let’s explore the threads:

A member library has the following questions concerning libraries that are subject to Open Meetings Law (OML) and have adopted Robert’s Rules of Order for their meetings:
1. Are consent agendas allowed for agencies subject to OML?

For some readers, this might require a bit of background. So, before we dive in, there are two things to know:

First thing: All public libraries (even association libraries) are subject to the “Open Meetings Law” (or the “OML”), so this question applies to all public libraries.

A patron came in and asked me to “witness a signature.” He was signing some bank document, but it didn’t need to be notarized, just witnessed. I realized he wasn’t signing his name, and when I asked him about it, he said that it was his aunt’s name and he had a Power of Attorney - he showed me those documents, so I ended up signing as a witness. But I felt uncomfortable about it.

I have good news: the attorney you married really knows her stuff!

Of course, that means I also have bad news: the document you witnessed is probably invalid!

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: