[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.
I am a Trustee on the Board of our library. I also serve as the Secretary to the Board. As such, I do the note-taking and draft the meeting minutes for every board meeting. Do I need to retain my handwritten notes, once I have transcribed them into document format? If so, how long must they be kept and where?
This question comes to "Ask the Lawyer" from a public library.
As quasi-governmental entities, public libraries must follow a precise array of law, regulations, and rules for record-keeping. We'll delve into that for those factors to answer this question.
Our municipal library recently revised its by-laws, and the revisions were approved by four of our five elected trustees. The fifth trustee abstained, and a month later sent the other board members an email saying he thought some of the language was in violation of First Amendment rights. He said three lawyers he talked with concurred.
OPENING NOTE: Before I answer this question, I must stress: while some of it is identical, the quoted language in the question does not exactly track the language in the “2018 Handbook for Library Trustees in New York State,” nor the “United for Libraries Public Library Trustee Ethics Statement.” This reply addresses the language as quoted in the question and does not address the preci
