Our library received a very large bequest of over 2 million dollars with no restrictions, save for not putting it into operating expenses.
Since this question is to see if a library can use a bequest to set up a fellowship to support of new plays in the community, I will write this answer in the form of a play.[1]
Act I, Scene I
LOCATION: A well-appointed mansion.
We are revising our Meeting Room Policy. Currently we have a group of seniors who meet at our library for [really healthy] exercise in the morning before the library is open. They have been doing this for about [many] years.
There are three things that are potential obstacles to this request:
1. Safety (and its flip side: Liability)
2. Security (and its flip side: Loss)
3. Charitable Status (and its obscure tax-concept flip side: "Inurements")
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:
I am interested in developing a policy to outline who/how the library may collect donations on behalf of other organizations. We have always had a Lion's Club eyeglass donation box in the library. I inherited this procedure but I cannot find any policy that specifies the parameters of such an agreement. Does the organization we would collect for have to be a 501C3?
[NOTE: For exciting recent commentary and a model policy about fund-raising along with or on behalf of third parties (like Friends), check out this RAQ, addressing libraries assisting Friends groups with fund-raising activities. The following response is limited to the very narrow issue of collecting donations on behalf of
I have several questions related to the legality and ethics of individuals serving as municipal library trustees. Who can serve, and who can or should not? Does an individual have to reside within the municipality in order to serve as a municipal library trustee? Can members of the municipal council or legislature simultaneously serve as municipal library trustees?
At "Ask the Lawyer" we aim to create resources that are accurate, clear, and above all... useful.
So, for accuracy and clarity, I will answer the questions briefly in the paragraphs below.
Does a contractor have to comply with FOIL request if they are contracted to a county government?
New York's Freedom of Information Law, or “FOIL”, applies to government agencies (including public libraries) but cannot be used to compel private companies (or individuals) to allow inspection or copying or records.
How long should the library retain employee records, payroll records, sales and purchase records, mortgage and loan documents, and other records?
Several considerations impact the answer to this question:
For a public library, the bare minimum record retention periods are found in a document called "the LGS-1."[1] The LGS-1 has rules for retention covering everything from your library's charter, to how long you hold onto circulation records.
We recently received 2 questions that raised related issues, so we've merged them in this "Ask the Lawyer Meeting Room Question Mash-Up" RAQ.
Here is question 1:
These meeting-room related submissions to "Ask the Lawyer" were inspired by two separate resources: the first one, an "Ask the Lawyer" RAQ on meeting room policies, and the second, an ESLN-sponsored training.
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?
This is a VERY sensitive issue. There are many factors that could contribute to a person sleeping in a public space, including:
