Elections

Question

We are a school district public library. Can the school require the library to be part of its budget vote if the library desires to be separate from it?

Answer

School district libraries are one of the 5 “types” of public library (the others are: association, Indian, municipal, and special district).[1]


Question

Our trustee petitions to run for board seats are due 30 days before our election. That date happens to fall on a Sunday. What is the best practice for dates that fall on a Sunday? What is the best practice for dates that fall on a Saturday? Our petitions are due at the school, the school is closed on Saturday and Sunday.

Answer

WARNING! This answer applies only to school district public libraries.[1]

In addition: Caveat…[2] this answer will apply differently to different school district public libraries.


Question

The Gov has put out his new proclamation in regards to votes. At [our school district public library] our vote has always been separate from the school vote but the gov's doc reads that our only option is to have the vote with the school or have it in Sept. Sept would not work since our fiscal year is July to June.

Answer

As a prelude, readers may want to take a look at an earlier COVID-19-era “Ask the Lawyer” about library elections postposed per Executive Order 202.12, which ends with this promise:

If and when we get an update or “further directives,” we’ll post any update to this answer.”


Question

[Note; the text of this question was edited to remove the precise dates of scheduled election and notice.]

Executive Order 202.13 states:

Answer

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.