Public Libraries

Often times, our meeting agenda changes so we would like to add a disclosure at the bottom that reads “Agenda is subject to change.”

Is this something that is allowed, and would it need to be included in our bylaws?

With the changes to the open meetings law and more attention on library leadership generally, now is a good time to think about the nuances of public library meeting agendas.

Since agendas have to be posted in advance, it is true that sometimes a board may have to make an 11th-hour change.

A town municipal public library has been told by the town that the library cannot have a donate to the library button on the library's website. The library hosts its own website, and the donations would go into a library checking account.

There is no legal authority in New York that denies the ability of a town public library (or any municipally affiliated public library) to solicit donations.

There is no law that bars it.

There is no regulation that bars it.

There is no comptroller opinion that bars it.

There is no attorney general opinion that bars it.

For public libraries that must comply with Freedom of Information Law (FOIL), how does FOIL impact our organization's use of social media? What sort of social media records can be FOIL-ed and what are some best practices for using social media in regards to FOIL?

This is a timely question, because New York's Committee on Open Government (the authority on all things FOIL), has recently stated[1] that not only do public libraries have to follow FOIL, but cooperative public library systems have to, as well.

What law, regulation, or regulatory authority governs the budget transfer policy at a school district public library?  Is there any case law or authority on that?

Quite a few laws, regulations, and regulatory authorities will impact the budget transfer policy of a school district public library.  Here are the biggies:

How does the NY HERO Act https://dol.ny.gov/ny-hero-act apply to the different types of libraries? Are Association Libraries included?

The letters in the "NY HERO Act" stand for "Health and Essential Rights."[1]

What "essential rights" does it protect? 

Kids have been playing in our parking lot and my board is concerned that they will hurt themselves and we will be liable. We have a very vague policy about our parking lot being for patrons to park at only and a couple signs that say patron parking only.

Behold, the humble skateboarder: wheels spinning, scabby knees, and (if they have gotten over the fact that even when worn by Tony Hawk, it looks dorky) brain carefully protected by helmet, ready for action.  Never has a humble sport posed more of a challenge to local governments, park designers, architects, and urban planners; lay down a relatively smooth surface, and there they are, ready to

Our Library Director was hired 5 years ago and has always been paid for her attendance at monthly Trustee meetings. In 2021 the Town Supervisor stopped this long-standing practice. Our Town pays our Library Director.
 

Is this legal without letting the Trustees and Director prior to stopping the practice?

"Is this legal?"  Not likely.

But before I say more, I just want to offer a quick primer on how things work at "Ask the Lawyer."

We are a large (100-employee) school district public library. We are currently encouraging and educating employees on getting vaccinated, but not (yet) *requiring* vaccinations.

Over and over again, I am floored by the care, tenacity, and creativity of the libraries determined to provide services in a time of pandemic.  New York's libraries just don't give up.  This question shows the mechanics of that fighting spirit.

In reviewing your response to a question on Nov 17, 2020 from an adjunct library science professor, your advice is to create a "smell free zone" in the library for those patrons bothered by another person's odor. Your reply, however, does not address staff who are complaining as well about a patron's body odor. Often, the staff take the complaining patron's side.

I am glad the column is helpful, but this issue really shows the limits of the law!

Before I say what I mean, I need to emphasize three things:

A municipal public library has accepted a gift of real property and is selling the property.

How much autonomy does the Library have in accepting and selling this property? The sponsoring municipality feels that perhaps it is their responsibility to handle the sale according to their regular procedures, including a permissive referendum (as required by law).

In law school, one of the first classes you take is "real property."
 

I remember thinking, back in that first semester before my brain got converted into that of a lawyer: "Real" property?  What...is there something called UNreal property?