Does a contractor have to comply with FOIL request if they are contracted to a county government?
New York's Freedom of Information Law, or “FOIL”, applies to government agencies (including public libraries) but cannot be used to compel private companies (or individuals) to allow inspection or copying or records.
I am a Trustee on the Board of our library. I also serve as the Secretary to the Board. As such, I do the note-taking and draft the meeting minutes for every board meeting. Do I need to retain my handwritten notes, once I have transcribed them into document format? If so, how long must they be kept and where?
This question comes to "Ask the Lawyer" from a public library.
As quasi-governmental entities, public libraries must follow a precise array of law, regulations, and rules for record-keeping. We'll delve into that for those factors to answer this question.
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.
As you know, Governor Kathy Hochul signed legislation (S.50001/A.40001) extending virtual access to public meetings under New York State's Open Meetings Law, which allows New Yorkers to virtually participate in local government meetings during the COVID-19 pandemic.
Short answer
There is no requirement to disclose the location of a remote participant under the past Executive Orders or the current modification.
Long answer
The Governor signed S1150A/A1228A into law [on] October 19, 2021. Now Chapter 481, this change requires that open meeting documents be available upon request or posted to the public body's website at least 24 hours prior to the open meeting at which the documents will be discussed. Can you comment?
AND
Because there are a lot of layers here, let's start with some bedrock fundamentals.
Bedrock #1: All NY-chartered libraries, including association libraries, must abide by the Open Meetings Law (the "OML"), a New York State law which requires certain meetings be accessible in real time to the general public.[1]
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:
We attended the excellent FOIL workshop just offered by WNYLRC and hope you repeat it. Our institution has any number of manuscripts and papers that could be considered Fugitive Records: archival material from government offices, most of which was donated decades before the advent of the NY State Archives and modern public record regulations.
It was an excellent workshop.[1] Nice work, WNYLRC.
