Policy

Recently, a page at the library made some comments that were less than flattering about how the local town was handling a new subdivision. The town supervisor came to me (we are an association library and not part of the town government) and asked if our personnel handbook had any language about social media use.

Some questions are tricky, some questions are complex, and some questions are simply a Huge Spider Web of Extremely Intricate and Dangerous Contingencies.

Not to be too dramatic, but this question is that last one.

What creates this tangled web?[1] Let’s explore the threads:

A member library has the following questions concerning libraries that are subject to Open Meetings Law (OML) and have adopted Robert’s Rules of Order for their meetings:
1. Are consent agendas allowed for agencies subject to OML?

For some readers, this might require a bit of background. So, before we dive in, there are two things to know:

First thing: All public libraries (even association libraries) are subject to the “Open Meetings Law” (or the “OML”), so this question applies to all public libraries.

A patron came in and asked me to “witness a signature.” He was signing some bank document, but it didn’t need to be notarized, just witnessed. I realized he wasn’t signing his name, and when I asked him about it, he said that it was his aunt’s name and he had a Power of Attorney - he showed me those documents, so I ended up signing as a witness. But I felt uncomfortable about it.

I have good news: the attorney you married really knows her stuff!

Of course, that means I also have bad news: the document you witnessed is probably invalid!

We are a small, rural, association library that serves a population of under 4,500. We recently received an Abuse or Molestation Exclusion from our general liability/property insurance company.

Before answering this question, I have to point to the extraordinary care the member has put into formulating it.

Prior to considering insurance coverage as a question of budget, this member library has:

Hello,

When I was a kid, I watched "Candid Camera"[1] from time to time (as it turns out, this was good training for TikTok).

Within the context of recent regional school book challenges, much of the attention has been focused on print collections. However, librarians and school districts have started to look at digital content, too.

The answer is "Yes."

Of course, behind that answer is layer after layer of complexity.

Background: On Jan 1, 2023 we instituted several changes to employee time off accrual policies. We constructed the new vacation accrual policies carefully and gave some of our more senior staff "legacy policies" in order to not decrease any current employee's vacation accrual rate.

Vacation time is weird.

Why is it weird?

Well, first, it's fictional: it's time you get "paid" for, even though you are not at work.[1]

Second, unlike earned wages, vacation time can be magically obliterated, with employers deciding through policy that only a certain amount can be "carried over" or accrued.

The [NAME REDACTED] Public Library has a materials selection policy in place. When recently updating the policy, trustees had questions about the "responsibility" section which states:

What an insightful question.

Here is my answer: no, "delegate" is not quite the right word in this context.  A more suitable phrase could be:

"Per library policy, the Director, or an employee designated by the Director, has authority and responsibility for the selection of library resources."

Here is why:

A local artist has asked for us to become a fiscal sponsor (act as a “pass-through” organization). Is this something a public library can do?

A "pass-through" is when a 501(c)(3) organization agrees to let a non-501(c)(3) use its tax status to accept grant money.  It’s a not uncommon arrangement; in fact, some 501(c)(3)’s are actually set up to do it so smaller and less established organizations can benefit from grant money.

Politics are impacting libraries more than ever, and our library organization is considering hiring a lobbyist to represent our interests in Albany.  We know that as a non-profit we can't engage in "political activity", but can we hire a lobbyist?  And if we can, what do we need to be thinking about, legally?

This answer applies to an association library, a cooperative library system, or regional library council (e.g. the Western New York Library Resources Council or the Northern New York Library Network).

It can also apply to a chartered museum or historical society.