What, if any, are the ramifications if a school district public library board of trustee member refuses to sign the code of ethics and/or the conflict of interest/whistleblower policy?
I am sure there is a very interesting set of facts, personal convictions, and conversations behind the stark facts presented in this question (there always is). But we’ll address just the stark facts.
I need clarification about the IRS regulations on 501c3 organizations.
This answer comes with many disclaimers, because the legal parameters of room access and rental at chartered libraries in New York is variable territory. In other words: the answer can depend on the library’s “type” (set by its charter), its fundamental rules (found in the bylaws), its IRS status (the “501 (c)(3) mentioned by the member”), its day-to-day rules (controlled by policies), its lea
We have a pretty exhaustive personnel policy on the use/limits of use of Library technology and property, both for compliant work-related purposes and for personal purposes.
What we do *not* have, and are wondering if we should, is a policy that speaks to the permitted (or restricted) uses of *personal* phones and similar devices while at work.
On the surface, this is a simple issue: if people are using their cell phone for personal use on the job, a simple policy to stop the use should solve the problem, right?
Not these days.
We have a patron who insists that it is their right to go barefoot into any public area. Okay, but, being a public (Association) library, aren't we still liable even if that person injures themselves on the property even if they 'say' they wouldn't sue us? Is there a law that defends their position and if so, how do we defend ourselves from litigation? Should we have them sign a waiver?
To answer this question, I had to switch things up, and pretend that one day, there I am, sitting in my office,[1] when a barefoot person walks up to my door and asks “I want enjoy my library privileges while barefoot, and they won’t let me. Can they do that, or can you help me sue?”
Many libraries have printers that require staff assistance or are visible to staff from their usual work areas.
Sometimes patrons print content that can cause concern. This question specifically addresses printing materials that make false and hateful claims about race.
Library employees should not feel compelled to mediate the production of materials that target any protected category (including race), and in fact, feeling compelled to do so would risk potential illegal harassment of the employee.
As the member shows here, there are a lot of questions within the big issue of “contributory infringement” via use of the internet in libraries. And because they all relate to legal liability, they are scary for library staff and leadership.
To take the edge off that fear while defining “contributory infringement,” please enjoy this bad joke:
“Knock-knock.”
What does ADA say about providing fragrance free bathrooms in public libraries? Our reasonable accommodation to a patron with fragrance sensitivity issues was to take the fragrance dispenser out of the public unisex bathroom. Are we in compliance?
It makes sense that “Ask the Lawyer” gets a lot of Americans with Disabilities Act (“ADA”) related questions. After all, both the ADA and libraries work to reduce barriers—barriers to information, barriers to education, and barriers to services/employment.
The issue of fragrance sensitivity and ADA compliance brings unique challenges.
First question…
It's a musical double act at “Ask the Lawyer” today!
Libraries are hitting their stride as community centers and curators of cultural experience, so it is no surprise that live musical performances are being offered as part of their programming and outreach.
These two members’ questions arrived within one week of each other.
Is a parent or guardian allowed to access the titles of books that that their child(ren) have checked out from the school library?
Are school administrators allowed to access the titles of materials a student checked out?
In the state of New York, library records linked to the names of users can only be disclosed:
1) upon request or consent of the user;
2) pursuant to subpoena or court order; or
3) where otherwise required by statute.
Therefore, the strong default answer to the member’s questions is “NO.”
My library has long been in the practice of charging what we often refer to as a "research fee" or "consulting fee." I am familiar with some libraries who have a similar practice, but wonder if it's legal for us to charge an hourly rate for work done by volunteers?
It is well established that a not-for-profit organization can benefit from volunteer labor. This is true even when the labor brings the organization tangible benefits, like the money from a bake sale, or as in this case, a research fee.
