We have become aware that a recent law in New York shortened the statute of limitations to collect consumer debts. Does this affect our library’s ability to enforce and collect library fines?
Libraries likely do not have any statute of limitations for collecting overdue or replacement fines because the law does not consider library fines as “debts.” As such, any change to how long a “debt” may be collected does not matter for libraries. T
Can a school district library board mandate that trustees take a one-year break after two terms? It is our understanding that we cannot limit trustee terms, but our bylaws require a year break after serving two three-year terms. We aren't limiting the number of terms a trustee can serve.
Thank you for your input.
This question is being answered by guest writer and LOSA[1] associate attorney Ben Sachs.
Thanks Ben!
The state's new paid sick leave law recently went into effect on September 30th. According to the state's website, eligibility requirements are as follows:
I wish I could reply to this excellent question with a plain "yes" or "no." But I cannot.
Why not? Because, while as the member points out, a public library's "type" is relevant to this question, what may also be relevant is how the employees are being paid. So answering this question requires a two-factor analysis:
[NOTE: This question relates 6 NYCRR Part 351, which implements the requirements of Titles 27 and 28 of Article 27 of the Environmental Conservation Law, aka "the plastic bag ban" which went into effect March 1, 2020, but was suspended for a variety of reasons until October 19, 2020. For more information on that, see the graphic at the bottom of this answer.
The answer for this member is: NO.
Why?
The NYS plastic bag ban does NOT apply to libraries using plastic bags for storage of items pending curbside pick-up, unless the libraries are required to collect sales tax.
A public library is looking at the possibility of taking over the running of a medical loan closet that has been previously run by a church.
The library would find a space through a partner, so it would not be on library property.
Before I answer, let's talk about why a person or business might create an LLC ("limited liability company").
A primary function of an “LLC”[1] is to do exactly what the member has proposed—to create a separate entity designed to hold the liability associated with a particular venture.
COVID has made online library card registration essential in many areas. What do we need to consider when dispensing online (temporary cards that allow access to e-resources) and physical library cards to children? At what age, and under what circumstances do we need to get a guardian's signature? Can we require some form of ID for children?
I remember getting my first library card at the Utica Public Library with my Dad, circa 1985. It was a right of passage: something "official" before I could drive, or work, or vote; a stepping-stone to adult life.
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?
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.
Can you provide a template facility use agreement for renting or allowing community groups to regularly use space in a public or association library?
Yes, I can! But first, a few caveats:
I work with a number of municipal public libraries - some are village, others are town. Some libraries use their municipality's employee handbooks, payroll, services like snow blowing and building maintenance, and have the municipalities cut the checks.
Many of the questions we get at "Ask the Lawyer"[1] relate to this concern. As the priorities cited by the member suggest, the library-municipality relationship is a Big Issue.
A small, rural public library, we have public restrooms. In pre-pandemic times, our restrooms were not kept locked, and were cleaned once a day by our building's maintenance person.
Like many of you, I have had to tackle a lot of previously unaddressed conundrums since March of 2020. Especially when it involved developing a Safety Plan, this "tackling" has required research, patience, a good sense of humor, and lots of flexibility.[1]
