I work at a public library that is gradually reopening to the public. We employ quite a few librarians who trend older and have underlying health conditions. Many of these staff have been working remotely for the past few months, but not necessarily on tasks essential to their positions.
This is a heart-breaking question, and I am sure it has been a hard process to get to this phase in your operations and planning.
Our municipal library recently revised its by-laws, and the revisions were approved by four of our five elected trustees. The fifth trustee abstained, and a month later sent the other board members an email saying he thought some of the language was in violation of First Amendment rights. He said three lawyers he talked with concurred.
OPENING NOTE: Before I answer this question, I must stress: while some of it is identical, the quoted language in the question does not exactly track the language in the “2018 Handbook for Library Trustees in New York State,” nor the “United for Libraries Public Library Trustee Ethics Statement.” This reply addresses the language as quoted in the question and does not address the preci
Public and Association libraries have questions about making policies creating conditions that must be met for library staff to return to work. Can they set policies that exclude vulnerable employees from being able to return to work? Can they set policies requiring non-vulnerable employees to return to work?
I had initially considered bundling this question with another submission about temporary actions or policies during COVID-19. After all, both questions relate to policy, and a big goal of “Ask the Lawyer” is to provide legal information efficiently.
[Note; the text of this question was edited to remove the precise dates of scheduled election and notice.]
Executive Order 202.13 states:
This question is from a school district public library. Before answering it, I called the library director who sent it in.
Why? Well, first, I wanted to introduce myself. When a question has a lot of nuance and potential long-term ramifications, I like the member to know the answer comes from a real human being, not just a faceless attorney in Buffalo, NY.
My question is: do public libraries have any legal obligation to collect emergency contact information for children (age 17 and under) attending library programs without a parent or caregiver present/on the premises?
This question is rather like asking an astronautical engineer: When on a spacewalk, are there any safety procedures specifically related to securing my helmet as I exit the airlock?
What, if any, are the ramifications if a school district public library board of trustee member refuses to sign the code of ethics and/or the conflict of interest/whistleblower policy?
I am sure there is a very interesting set of facts, personal convictions, and conversations behind the stark facts presented in this question (there always is). But we’ll address just the stark facts.
We are a school district public library, and a governmental entity, considering crafting a policy relating to debts discharged in bankruptcy, if the library is named as a creditor.
Are replacement costs for library materials exempt from or subject to discharge of debt? Overdue fines?
Before we get to the nitty-gritty on this question (and we will), let’s reflect on why libraries charge fines and replacement costs in the first place:
We have two individuals in our community, within 500 feet on either side of the library, that have been identified as sex offenders on the NYS website. One comes to the library to take out materials. He is an adult and now living and working in the community, but still identified on the NYS website. He is listed at a higher level of offense.
When considering how to address concerns about registered sex offenders using the library, there are several factors that must be considered at once:
Factor 1: Civil rights
A recent article appeared in a local newspaper that was describing the local efforts of a group called Moms for Liberty to have certain books removed from school libraries because the group consider the titles to be inappropriate for school age children.
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. This privilege extends to third parties who collect fines on behalf of libraries. Let’s dive in deeper to help understand why.
