Our library received a very large bequest of over 2 million dollars with no restrictions, save for not putting it into operating expenses.
Since this question is to see if a library can use a bequest to set up a fellowship to support of new plays in the community, I will write this answer in the form of a play.[1]
Act I, Scene I
LOCATION: A well-appointed mansion.
We have been approached by a community member who would like to donate land to the library that abuts our property. Are there any legal concerns we should be aware of before accepting this gift? Would we need a real estate attorney?
Thank you!
Congratulations on the offer! It is always good to have the local library so well thought of that people want its footprint to expand.
And congratulations on immediately thinking about practicalities:
I am interested in developing a policy to outline who/how the library may collect donations on behalf of other organizations. We have always had a Lion's Club eyeglass donation box in the library. I inherited this procedure but I cannot find any policy that specifies the parameters of such an agreement. Does the organization we would collect for have to be a 501C3?
[NOTE: For exciting recent commentary and a model policy about fund-raising along with or on behalf of third parties (like Friends), check out this RAQ, addressing libraries assisting Friends groups with fund-raising activities. The following response is limited to the very narrow issue of collecting donations on behalf of
We are beginning our long-range planning process and are asking patrons to fill out a community survey to assess what the community wants to see in the library now and in the future. Thinking it was a good idea to raffle off gift cards to encourage participation, I gave my board trustees a letter requesting a donation of gift cards.
Following our "do not reinvent the wheel" rule for "Ask the Lawyer," prior to diving into this, we checked the "Trustees Handbook" posted at https://www.nysl.nysed.gov/libdev/trustees/handbook/handbook.pdf. On page 57, it provides an excellent summation of the concern at play in the issue of trustees and fund-raisin
We are a school district public library planning a capital project. The question is whether or not the project has to be approved by a public vote. We have been given money from our assemblyman towards the cost of the construction of one item in the plan.
There are a few scenarios where a capital project, such as a renovation, could start with a vote of the electorate of a school district library.[1] If the project is subject to a bond, requires a tax levy increase, or is somehow tied to a referendum, the voters' go-ahead might be needed before work[2] can begin. In additi
Our museum has an item on long-term loan that is potentially pretty valuable--a 200-yr old document.
We no longer wish to have this item in our custody unless it is gifted to us outright, and no longer on loan.
This question had me on the edge of my seat until the very end.
WHAT is this 200-year-old document?
WHO is this mysterious lender?
WHAT does the original loan agreement look like?
WHO took the 20-year-old photos?
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.
"Ask the Lawyer" got a question from a member: "Can you review our deed of gift and loan forms?" We helped them out on a confidential basis, but we're using their question to inspire this guidance on implementing or updating a suite of policies for accepting and managing gifts into your collections.
The State of New York has very strong feelings about collecting cultural assets and information. So strong, that such collections are governed by a host of laws, regulations, and policy.
We have a couple of questions relating to Section 233-A of NYS Education Law, the "Museum Property Law". The law as written seems to only address totally undocumented objects and recent loans, but it also seems to have clear implications for the many partially documented objects and very old loans we have to deal with.
[NOTE: For some initial background on New York's law governing museums and loaned/donated items, see Special collections not recorded on institution's ledgers]
There seems to be a trend for libraries that have Friends groups to hold fundraisers, donations, and membership drives at the library. In some instances, the library collects money for the Friends and pays it to them at a later date.
Ideally, a public library does NOT handle the money of another entity, even for "Friends." Ever.
That said, there is no law barring a library from helping out a partner or organization with cash handling for events; this "never" rule comes from risk management, not the law.
