Board of Trustees

The library is seeking information about a law stating that the library board has sole authority over public library staff benefits. The issue that needs to be addressed is a town board's attempt to eliminate a part-time employee's one week of paid leave per year that the library board granted [several years ago].

I recently had a chance to check in with the New York State Comptroller's legal department[1] on this very topic.

The reason I had to check in is because the most recent on-point authority I could find on this subject was from 1981. 

A member of my board of trustees would like for us to meet in person. There would be 9 people in the room. They wanted to know if allowing the meeting to be simultaneously on Zoom would satisfy the requirements of open meetings law even though only one member of the public would be able to be physically present in order to stay under the 10-member cap for small gatherings.

Since the onset of the pandemic, we have had two questions about the impact of Executive Orders on the Open Meetings Law.

The first question, back in March 2020 (remember March 2020?  Ugh.), led to this advice:

Under the executive order, the modifications to Open Meetings Law meant we (I'm asking for several libraries in our system) record our Board meetings.

Before attempting to answer this one, my team and I looked to see if anyone else "out there" has tackled this question.

For public libraries seeking school ballot funding, there's some gray area around whether a petition with signatures of eligible school district voters needs to be submitted to the school. Is the petition actually needed and if so, what laws and policies define this process?

When I started writing “Ask the Lawyer” in 2016, my daughter was two years old.

I would like to be able to answer this question like a two-year-old Molly and say simply (and loudly): “NO!” (you don't need a petition).

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!

Is it legal for a library board to approve expenditures (without a referendum) for a capital project from its operating funds (or operating fund balance) to bridge a shortfall in bond monies earmarked for the construction of a new building?

Before I address this question, let's parse the meaning of "legal."

There's "legal" as in: Is this specifically against the law?

There's "legal" as in: Is this not only not specifically against the law, but generally allowed?

And there's "legal" as in: Is this a cool thing to do?

Should a board of trustees vote on their institution’s COVID-19 Safety Plan?  Or should the adoption of the Plan be left entirely to the institution’s director or executive director?

Who is “in charge” of a library’s safety plan--the trustees, or the director?

It’s tricky, but if you bear with me, you will get an answer.

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

Beginning on October 9, employers in NYS are required to make interactive training which meets state outlined minimum standards to their employees to combat sexual harassment in the workplace.

The member is right: New York State has taken the huge step of requiring ALL employers—whether  they employ one, or one thousand—to train their people to recognize and report sexual harassment and illegal retaliation.

But this training requirement does not stand alone.  Also as part of the amped-up law:

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.