Policy

Question

Sometimes, people nap in the library, particularly people who we believe might not have stable or sufficient housing. We feel that a library should not exclude people who need a secure place to rest, so long as there is no interference with library operations, but are there any legal considerations to this issue?

Answer

This is a VERY sensitive issue. There are many factors that could contribute to a person sleeping in a public space, including:


Question

Periodically, our library receives handwritten requests for information from individuals who are incarcerated at prisons and correctional facilities around the country.

Answer

As I have written before, a big rule for the "Ask the Lawyer" service is "don't reinvent the wheel!"


Question

My library (municipal public library) is working on updating the meeting room policy for a number of reasons. Two major pieces of focus are what types of groups/organizations are able to request use of the meeting rooms. The other piece is requiring all meetings to be open to the public.

Answer

Before I answer this thoughtful array of questions, it is important to establish that aside from law, regulation, and library-specific policy, use of and access to space at public and association libraries can be governed by:


Question

I just read your excellent answer about posting documents per the OML changes in advance of meetings.

I think you are right on target.

My concern is to ask you to add to your questions for the COOG the following: Do working documents being shaped and edited at committee meetings need to be posted in advance of the committee meeting?

Answer

Thank you very much for your kind words!  And for submitting this question.


Question

My concern is about employee privacy and image use.

Answer

This is one of those questions that a thoughtful attorney, wishing to be thorough, could write a book about. However, "Ask the Lawyer" is not a book, so we'll see what I can do in about one thousand words!

To give some useful answers, and also stick within our word limit:


Question

The library's podcast (Your Friendly Neighborhood Librarians), hosted by two librarians here, recently started interviewing guests from outside the organization. We are concerned about a few things: what the ramifications are if a guest does not like the way their interview was edited and whether the library owns the rights to the interview and recording.

Answer

Some days, I just love my job.  The day I subscribed to "Your Friendly Neighborhood Librarians" (2/4/22) to answer this question was one of those days.


Question

In a local school district, multiple books have been challenged recently. This week, the School Board received an email from a community member referencing record keeping for library materials and electronic records retention.

Answer

In speaking to different libraries about being prepared for book challenges, I have repeatedly stressed one very important element: have your policies ready.

This question shows the depth of consideration that goes into that simple requirement.


Question

We were asked about signage to post over the public copier at a libraries open to the public. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

Answer

MAKING A COPY ON THIS MACHINE

MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES[1]

This means 4 important things:


Question

A director of a library resources council asks…

Answer

This is the right question at the right time.  As we wrap up 2022, remote work, work travel, work-from-home, work abroad...all these are evolving in a tangle of legal considerations.


Question

We are planning an emergency preparedness training for library staff to include CPR, First Aid, Stop the Bleed, and Narcan training. We have heard from librarians that some boards are concerned about the implications of having staff trained. We would like to have some commonly asked questions addressed so that we can answer them if they come up.

Answer

Because the training and resources described in the question can save lives, I will both a) quickly answer the questions and b) provide an answer in a format suitable to share with a library board.