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:
Periodically, our library receives handwritten requests for information from individuals who are incarcerated at prisons and correctional facilities around the country.
As I have written before, a big rule for the "Ask the Lawyer" service is "don't reinvent the wheel!"
This is an issue that's come up in recent conversation. If an individual who no longer works at an institution finds that their picture is still being used by said institution, whether in promotional photos or on staff/faculty pages, does that individual have any legal recourse?
This question needs to be answered on a sliding scale.
Here are three scenarios to show how the scale can slide:
Scenario 1: "Scrapbooking"
"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.
To answer these questions, we've created an "Open Meetings Law 2022 Library Board Chart and Checklist" that sets out:
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.
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.
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!
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].
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!
MAKING A COPY ON THIS MACHINE
MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES[1]
This means 4 important things:
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.
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.
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.
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.
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.
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.
