Could you please provide the effective date of 8 CRR-NY 90.2?
Are all public libraries required to publish their budgets online on their websites?
For readers that don’t see Education Department regulations as subtitles to the movie of your life,[1] these questions pertain to the state regulations governing public libraries, which have changed significantly in recent years.
For context, here is the full legal citation hierarchy we are in:
I am reaching out to request a legal opinion regarding the roles and responsibilities of library staff in supporting board fundraising efforts, as well as the permissible use of library digital platforms for fundraising activities. As a New York association library, we strive to adhere to state guidelines and ethical standards and seek clarity on the following specific matters:
Before I answer, I have to put in this obnoxious disclaimer: THIS ANSWER IS ONLY FOR ASSOCIATION LIBRARIES.
I’m sorry. I know using ALL CAPS means I’m YELLING. But the distinction is important for these questions, so it warrants boosted volume.
Okay, with that obnoxious disclaimer out there, let’s get to the questions and answers.
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…”
We are an association library that receives about 75% of our operating budget from a tax levy approved by school district voters via a [New York State Education Law Section] 259 ballot proposition. In 2019 the school informed us that they had settled a case with a local resident about the assessed value of their property and how much was paid in taxes in 2018 and 2019.
Let’s give short, punchy answers to the questions and then drill down with further information about each answer.
If the library was not a party to the settlement (which it wasn’t), NO.
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.
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:
Politics are impacting libraries more than ever, and our library organization is considering hiring a lobbyist to represent our interests in Albany. We know that as a non-profit we can't engage in "political activity", but can we hire a lobbyist? And if we can, what do we need to be thinking about, legally?
This answer applies to an association library, a cooperative library system, or regional library council (e.g. the Western New York Library Resources Council or the Northern New York Library Network).
It can also apply to a chartered museum or historical society.
We are an association library that would like to appoint our interim director to the permanent position, but we are concerned: Do we have to have a search? Are there any legal concerns with simply moving ahead and voting to give them the position?
Here are the questions I would explore with an association library facing this situation:
My association library is updating our meeting room policy. I've read Ask the Lawyer's previous advice on meeting rooms, as well as ALA's guidance. I have two questions that I can't find guidance on:
As the member points out, there have been a few other "Ask the Lawyer" RAQ's on room use, so for those who want to do some background reading, here are the RAQ's the member refers to:
