Templates

Question

"Ask the Lawyer" got two questions about the April 9, 2022 changes to the Open Meetings Law ("OML"), which will enable library boards to more easily meet via videoconferencing.  The questions asked for sample resolution language to enable a board to meet via videoconference, and compliance checklists to make sure a board is getting all the new details right.

Answer

To answer these questions, we've created an "Open Meetings Law 2022 Library Board Chart and Checklist" that sets out:


Question

The library's podcast (Your Friendly Neighborhood Librarians), hosted by two librarians here, recently started interviewing guests from outside the organization. We are concerned about a few things: what the ramifications are if a guest does not like the way their interview was edited and whether the library owns the rights to the interview and recording.

Answer

Some days, I just love my job.  The day I subscribed to "Your Friendly Neighborhood Librarians" (2/4/22) to answer this question was one of those days.


Question

We were asked about signage to post over the copier at a schools where educational materials are copied. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

Answer

MAKING A COPY ON THIS MACHINE

MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES

This means 4 important things:

1.  Copying a copyright-protected work here could be a copyright violation[1].


Question

We were asked about signage to post over the public copier at a libraries open to the public. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

Answer

MAKING A COPY ON THIS MACHINE

MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES[1]

This means 4 important things:


Question

We are planning an emergency preparedness training for library staff to include CPR, First Aid, Stop the Bleed, and Narcan training. We have heard from librarians that some boards are concerned about the implications of having staff trained. We would like to have some commonly asked questions addressed so that we can answer them if they come up.

Answer

Because the training and resources described in the question can save lives, I will both a) quickly answer the questions and b) provide an answer in a format suitable to share with a library board.


Question

Local police walked through our Library earlier today with no explanation. Later on, we noticed 2 teens on premises, who we assume should have been in school. We thought the police may have been looking for them as truants, but that is not confirmed.

Answer

There is no one right answer to this question, but there is a formula for any library to come up with its own, unique answer.

Here is the formula:

[Situation] x [Ethics + Law] / [POLICY/Precedent] = YES or NO

Let me break this approach down.  And trust me, I will give a clear reply to the member's question at the end of all this.


Question

There seems to be a trend for libraries that have Friends groups to hold fundraisers, donations, and membership drives at the library. In some instances, the library collects money for the Friends and pays it to them at a later date.

Answer

Ideally, a public library does NOT handle the money of another entity, even for "Friends."  Ever.

That said, there is no law barring a library from helping out a partner or organization with cash handling for events; this "never" rule comes from risk management, not the law.  


Question

In light of recent accusations of alleged misconduct by community organization volunteers utilizing public library facilities, how should libraries protect themselves moving forward?

Answer

In 2012, I was an in-house attorney at a university when the "Penn State Scandal"[1] broke.  Along with the nation, I was horrified to learn about the serial sexual abuse of children by a powerful coach in an NCAA Division I football program--and just as critically, the system that allowed the abuse to go unchecked for so long.


Question

There are so many ways the relationship between a library and their Friends can get "complicated."

Can you provide a template for an agreement between a library and their Friends?

Answer

NOTE: As a primer to this answer, which mostly consists of the requested template, I suggest reviewing the materials in the ever-excellent "NYLA Handbook for Library Trustees,"[1] particularly the guidance and links on page 85.


Question

Can you provide a template facility use agreement for renting or allowing community groups to regularly use space in a public or association library?

Answer

Yes, I can!  But first, a few caveats: