Templates

Question

I’d like to ask this as generally as I can so that the answers are as applicable as possible, but I’m writing from a small college library in NY, so I’d like to get a sense for myself and my staff about what our rights, obligations and protections for students and patrons are as Librarians in the event of a “visit” or raid by Immigrations and Customs Enforcement.

Answer

This is a timely and important question.

Regarding the ability of law enforcement (including ICE, FBI, ATF, etc.) to enter a college or university campus: the administration will make that determination, and it will be based on many factors.


Question

Our organization has for many years now used a “DEI” internship program to bring people from under-represented communities into the library profession. With the new directives coming from the POTUS and various agencies in January 2025, should we stop this program?

Answer

Should your institution stop a program designed to attract people from populations under-represented in librarianship to librarianship? NO.[1]

Should your institution submit its DEI program for careful and routine evaluation for legal compliance and effectiveness? ALWAYS.


Question

Our library is supported by a school district tax levy. The levy provides the bulk of our annual budget.

Answer

Short answer: yes, it is legal, and yes, there are options.

Let’s review why it is legal,[1] and then we’ll discuss the options.


Question

I read the response to the question of whether certain types of libraries must abide by the minimum wage in New York (https://wnylrc.org/raq/minimum-wage-public-library-employees).

Answer

Before I answer, let’s confirm: sometimes, base pay (hourly wage or salary) is the only compensation an employee gets, while sometimes, compensation is base pay plus a robust combination of benefits.


Question

We were recently reviewing our reconsideration procedure and form. One of my trustees has completed a training on book bans and challenges. The presenter (Jamie LaRue) recommended that the library requires the book (or item) have been read (viewed or listened to) fully by the patron in order to submit a request.

Answer

This question threw me into an existential spiral.

Unlike most existential spirals I get hit with these days,[1] this one was fairly pleasant; I got to think about New York State Education Law, due process, and library plans of service.

Here is how it went down:


Question

Many libraries/archives hold unpublished materials whose creators are deceased, but are still protected by copyright since copyright lasts 70 years after death.

Answer

Many libraries do indeed have materials[1] that are unpublished, one-of-a kind, original works, such as photographs, letters, drawings, and recordings. 

Some of these works may have significant financial value, while some may be more valuable in terms of local history and culture.


Question

We have a large facility. Sometimes patrons have to walk far to get to various programs and spaces. We have had a few patrons in the recent couple of months ask if we have a wheelchair or walker they could use to help them get around. We consulted with our insurance provider about this and he basically said to ask a lawyer.

Answer

This is such a beautiful idea! In my experience, there are three things that often impede beautiful ideas:

  1. Insurance concerns;
  2. Legal concerns; and
  3. People who worry that there might be insurance or legal concerns.

This question shows how to protect an idea from these impediments:


Question

[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]

Answer

Great questions!

Let's tackle[1] them:

Is this true?

Yes.  If you would like to look up the text of the law, which went into effect on November 13th, 2023, you can find it here: https://www.nysenate.gov/legislation/laws/LAB/590.


Question

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?

Answer

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.


Question

A school district public library is considering installing closed-circuit cameras and thinking of enabling sound recordings, too. Is it legal to record sound, thinking it is a violation of patron privacy? Can board members review the tapes?

Answer

The answer to these highly specific questions will assume readers have reviewed the ALA's excellent general guidance at https://www.ala.org/advocacy/privacy/guidelines/videosurveillance and the "Ask the Lawyer" guidance here: https://wnylrc.org/raq/patron-pr