School Districts

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.

As fans of library law know,[3] school district public libraries have their own special subsections of New York State Education Law Section 260 regarding election of trustees and occasionally have to follow the practices of their sponsoring district.

The subsection relevant to this question is (8), which provides:

Candidates for the office of trustee of a public library established and supported by a school district shall be nominated by petition which shall meet the requirements of subdivision a of section two thousand eighteen of this chapter, except that such candidates shall be elected in the manner specified in subdivision b of such section except that the nominating petition filed pursuant to subdivision a or b of such section shall be signed by a least twenty-five qualified voters of the library district, or two percent of the voters who voted in the last previous annual election of members of the library board of trustees, whichever is greater. The provisions of this subdivision shall not apply to a charter granted prior to April thirtieth, nineteen hundred seventy-one that provides for a different procedure. [emphasis added]

Because of the clause in bold, when I get a question like the one above, I first ask if the Library was chartered before April 14, 1971. If it was, I check to see if the charter says something else about the method of electing trustees.[4] If it does, we follow what the charter says.

Presuming a library’s charter doesn’t pre-date President Nixon’s ending of the blockade of China[5] and provide for another process, I then look to the relevant law, which is “subdivision a of section two thousand eighteen of this chapter.” This section requires:

Each petition shall be filed in the office of the clerk of the district between the hours of nine a.m. and five p.m., not later than the thirtieth day preceding the school meeting or election at which the candidates nominated are to be elected. No person shall be nominated by petition for more than one separate office.

Which brings us to the member’s question: what if the “thirtieth day” falls on a Sunday?

Although there is no statute or case law on this point regarding a school district public library, the New York State Education Commissioner wrote in Decision No. 17238 that the state’s “General Construction Law” provides:[6]

§ 25-a. Public holiday, Saturday or Sunday in statutes; extension of time where performance of act is due on Saturday, Sunday or public holiday

1. When any period of time, computed from a certain day, within which or after which or before which an act is authorized or required to be done, ends on a Saturday, Sunday or a public holiday, such act may be done on the next succeeding business day and if the period ends at a specified hour, such act may be done at or before the same hour of such next succeeding business day…

So, there you have it! The due date will be the next business day (which could be a Tuesday, if the Monday after the Sunday is also a holiday).

That said, even if this all checks out for you, it is wise to confirm this with the school district—especially if the district is conducting your library’s elections.

If you would like to memorize a summary of this answer to dazzle people at board meetings, here it is:

Barring a charter provision providing otherwise, if the deadline for nominating petitions for school district public library candidates falls on a Sunday, petitions are due the next business day, as provided by General Construction Law Section 25-a.

Thank you for a great question!

Albany Public Library

Amityville Public Library

Babylon Public Library

Baldwin Public Library

Ballston Community Public Library

Bay Shore Brightwaters Library

Bayport Blue Point Pub Library

Bellmore Memorial Library

Bethlehem Public Library

Bethpage Public Library

Brentwood Public Library

Brooklyn Public Library

Bryant Library

C V Whitney Long Lake Library

Canastota Public Library

Catskill Public Library

Center Moriches Public Library

Central Islip Public Library

Chautauqua-Cattaraugus Lib Sys

Chazy Public Library

Co. Library Dist.

Clifton Park-Halfmoon Pub Lib Dist

Clinton-Essex-Franklin Library

Clyde Savannah Public Library

Commack Public Library

Comsewogue Public Library

Connetquot Public Library

Copiague Memorial Library

Corning Public Library

Cornwall Public Library

Cortland Free Library

Crandall Library

Crawford Library District

Deer Park Public Library

Dunkirk Public Library

East Greenbush Comm Library

East Islip Public Library

East Meadow Public Library

Elwood Public Library

Emma S Clark Memorial Library

Fallsburg Library

Farmingdale Public Library

Field Library

Finger Lakes Library System

Finkelstein Memorial Library

Four County Library System

Frank J Basloe Library

Franklin Square Public Library

Freeport Memorial Library

Fulton Public Library

Galway Public Library

Geneva Public Library

Glen Cove Public Library

Gloversville Public Library

Gold Coast Public Library Dist

Goshen Public Library

Great Neck Library

Grinnell Public Library District

Guilderland Public Library

Half Hollow Hills Comm Library Harborfields Public Library

Hauppauge Public Library

Heermance Memorial Library

Hempstead Library

Hendrick Hudson Free Library

Hewlett Woodmere Pub Library

Hicksville Public Library

Highland Public Library

Hillside Public Library

Howland Public Library

Huntington Memorial Library

Huntington Public Library

Hyde Library Dist.

Island Park Public Library

Island Trees Public Library

Islip Public Library

James Prendergast Library

Jericho Public Library

Johnstown Public Library

Katonah Village Library

Lakeview Public Library

Lansing Community Library

Levittown Public Library

Liberty Public Library

Lindenhurst Memorial Library

Lockport Public Library

Long Beach Public Library

Longwood Public Library

Mahopac Public Library

Malverne Public Library

Mamakating Public Library

Mamaroneck Public Library Dist

Manhasset Public Library

Massapequa Public Library

Mastics Moriches Shirley Library

Mechanicville Library Dist.

Merrick Library

Metropolitan Reference Library

Mid Hudson Library System

Mid York Library System

Middle Country Public Library

Moffat Library Washingtonville

Mohawk Valley Library Assoc

Montauk Library

Mt Vernon Public Library

Nanuet Public Library

Naples Library

Nassau Library System

New City Library

New Rochelle Public Library

New York Public Library

Newark Public Library

Nioga Library System

No Onondaga Library District

No Tonawanda Public Library

North Bellmore Public Library

North Library System 

North Greenbush Public Library

North Merrick Public Library

North Shore Public Library Dis

Northport E Northport Pub Lib

Nyack Library

Oceanside Library

Olean Public Library

Orangeburg Library District

Ossining Public Library

Oswego School Dist Pub Library

Oyster Bay Public Library

Palmyra Community Library

Patchogue-Medford Pub Library

Pearl River Public Library

Peninsula Public Library

Penn Yan Public Library

Perry Public Library

Piermont Public Library

Pioneer Library System

Plainview/Old Bethpage 

Public Library

Plattekill Public Library

Port Chester Public Library

Port Jefferson Free Library

Port Jervis Free Library

Port Washington Library

Potsdam Public Library

Poughkeepsie Publ Library Dis

Queens Borough Public Library

Ramapo Catskill Library System

RCS Community Library

Red Jacket Library

Richmond Memorial Library

Riverhead Free Library

Rockville Centre Pub Library

Rockwell Falls Public Library

Roosevelt Public Library

Rosendale Library

S Adirondack Library System

Sachem Public Library

Salamanca Public Library

Saugerties Public Library Dist

Sayville Library

Schuylerville Public Library

SE NY Library Resource Council

Seymour Public Library District

Sidney Memorial Public Library

Smithtown Special Library Dist

So Huntington Public Library

Southern Tier Library System

Stevens Memorial Comm Library

Stillwater Public Library

Suffolk Coop Library System

Syosset Public Library

The Comm Libr of Cobleskill

Thrall Public Library

Town of Esopus Library

Troy Public Library

Uniondale Public Library

Upper Hudson Library System

Vestal Public Library

WNY Library Resources Council

W Sullivan Public Library

Wadsworth Library

Wantagh Public Library

Waterville Public Library

West Babylon Public Library

West Hempstead Public Library

West Hurley Public Library

West Islip Public Library

Westbury Mem Public Library

Westchester Library System

Williamson Public Library

Woodstock Public Library

Woodward Memorial Library

Early mail ballots are required in most school district elections by the 2023 “New York Early Mail Voting Act” that went into effect January 1, 2024.[1]

While the Early Mail Voting Act[2] created important new ways to vote, it does not directly apply to libraries, except to specify that school districts holding library trustee elections and library budget votes must follow it.[3]

So, we aren’t going to spend too much time on the Early Mail Voting Act.[4]

Instead, we must enter the winding labyrinth of Education Law Section 260, which (among many other things) empowers school district public library trustees to host their own election and budget votes.

As we enter the labyrinth of Education Law 260, be careful!

Don’t be districted by subsection “3” (regarding joint town libraries... a fascinating chimera).

Don’t be lured from the path by subsection “5” (requiring that library boards to meet at least quarterly).[5]

And DON’T fall under the hypnotic gaze of subsection “6” (authorizing libraries to make annual contributions to the New York Library Association).[6]

Instead, cast your eyes upon glorious subsection “11,” which requires that school district public libraries must “establish, notice, and conduct” elections and budget votes (and re-votes) “in the same manner” as their school districts.

EXCEPT!

“... that the meeting need not, in the discretion of the board of trustees of the library, be held in separate election districts in those school districts where election districts have been established by the board of education.”

In other words: the school district library, when conducting a vote, must “establish, notice, and conduct” the process in the same manner as their district, except they don't have to use more than one polling location.[7]

It is possible that when the Early Mail Voting[8] Act was passed, the authors of the bill did not explore the winding labyrinth of Education Law 260.[9] However, the existence of an exception in Education Law 260 (not having to conduct the vote in separate districts, even if the district does) tells me that in all other aspects, a school district library must “establish, notice, and conduct” its elections and budget votes (and re-votes) “in the same manner” as its district... including use of absentee ballots and early voting.

There is no authority, case law, or indication in the supporting documentation of the Early Mail Voting[10] Act bill that contradicts this.

Which means that if the district is facilitating early voting, the library should, too. With so much at stake (trustee elections, budgets, etc.), until clear authority says otherwise, it would be unwise to do anything else.

So, to answer the first question: all signs indicate the comment was not correct (which means I won't answer the second question).

If enough school district public libraries find sending out early mail-in ballots too burdensome, a change to Education Law Section 260(8), adding “Early Mail Voting”[11] to the listed exceptions, should be explored. The current exception to having to do what the district does—not having to use separate polling stations—was likely for the sake of economy, so this could be, too.[12]

Thank you for a great question!

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

Each type of public library can be supported by a tax levy approved by the voters of a school district, but at school district public libraries, the voters also elect the library trustees.

Unlike the other library types, the law gives school district public libraries a lot of authority to determine how these votes are conducted. A school district library board[2] can decide to hold its own election and referendum, or, if the library board decides not to do so, the district must include the vote as part its annual meeting (the library items are part of a separate ballot).[3]

A school district public library board can also decide to hold a re-vote if a budget referendum fails (no matter who conducts it).[4]

This flexibility under the law gives school district public libraries a dazzling array of tactical options:

• Conduct their votes before their school district does (but after April 1);
• Use the option to have their school district hold the vote(s) as part of the district’s annual meeting;
• Conduct their election and referendum after their school district does (but before July 1);
• Keep in mind the option to re-submit a budget in the event of defeat.

There are countless motives for choosing any of the above models.

For a school district public library board and school district that are tightly aligned, the most economically efficient option might be to do everything together.[5]

That said, many school districts politely ask (they can’t require) a school district public library to hold a separate process, because they don’t want the voters to confuse the library budget with a school district money-grab. There can also be concerns about confusion as to who is running for which board.[6]

On the flip side, a school district public library may want to separate itself a bit from its district… or not. Every district and library are different, and of course, these factors will change over time.

So, to reiterate the question: Can a school require the library to be part of its budget vote if the library desires to be separate from it? No—in fact, it is the school district public library who can “require” the school district to hold the vote.

Ideally, there is no “requiring” going on. Within the framework of the Education Law, a school district library board and school board should have a solid working relationship to identify the best approach for the library, the school system, and most critically, the people in the served area. A memorandum of understanding or other recital about how the two boards discuss elections in advance is a good idea, since leadership will change over time, and there are many pressures on the process.

Thank you for an important question.

There are five types of people I imagine avidly reading this answer:

1. Leaders of school district public libraries;
2. Leaders of school districts with a school district public library;
3. Attorneys serving such leaders;
4. Journalists assigned to the rough-and-tumble school district election beat;[1] and
5. Library nerds.[2]

Considering the audience, I will answer the questions plainly and thoroughly.

But first, some background.

When it comes to elections and voting, a school district public library has several paths it can take:

• It can hold its own election and initial budget vote or have its district hold the election and initial budget vote;
• If a budget is defeated, it can conduct a re-vote (there is no option to force the district to hold a re-vote); and
• It can have its district conduct a vote to provide land and/or issue bonds for acquisition and construction of library facilities (the library cannot hold this vote itself).

This answer is not going to map out all of those paths, because that would turn this answer into a manual (and there’s already a manual[3]). We’re just going to answer the member’s questions as they relate to the paths.

Is there an entity that has oversight of our elections?

For school district public libraries, the ultimate decision-maker regarding contested elections and school district budget votes is the New York State Commissioner of Education.[4]

Where can we direct questions from the public to receive solid answers?

There are three resources to refer people to.

The first is the excellent body of searchable decisions by the Commissioner of Education.[5] People with questions should check this searchable resource to see if their questions have already been addressed by the Commissioner.

The second is the New York State Education Department (NYSED) “Formal Opinions of Counsel.”[6] In this resource, the NYSED Office of Counsel answers questions submitted (ideally before there is a dispute requiring a decision by the Commissioner).

The most recent “Opinion of Counsel,” issued on October 16, 2024, shows the minute and exacting level of detail that NYSED lawyers are willing to provide guidance on:

Given the board’s interpretation, I find that it would be anomalous to impose a notarization requirement for school board elections. As such, voters who complete affidavit ballots in a school election cannot be required to have their signatures notarized. Any Departmental guidance to the contrary should no longer be relied upon.

Be warned that this is not the most easily searched resource, so if you’re a librarian, be ready to help people seeking these kinds of answers.

The third resource is through writing to the NYSED Office of Counsel at legal@nysed.gov to ask a question. As you can tell by the above quotation, they don’t mind getting into the weeds, so don’t be afraid to ask questions!

A big part of the reason people will have questions (and maybe even concerns) is because one school district public library may do something different from another. This brings us to the next question:

Is [what is required] different for different types of school districts and associated school district public libraries?

Yes. As provided by Education Law Article 41, different district types have different elections requirements, and as required by Education Law Section 260(2), school district public libraries must handle elections and vote “in the same manner” as their district.[7] This means the practice will vary from district to district.

So, when a school district public library is conducting a vote, who is responsible for compliance? As the member asked: Is it the School District Chief Elections Inspector?

Not necessarily. If the library opts to conduct its own election and initial budget vote, or a re-vote, the library must appoint inspectors to oversee compliance, just like the school board of their district does. This obligation includes conducting, calculating, and keeping the records of the votes as required by the law that pertains to the district.

This is why many school district public libraries simply defer to their districts. There are a lot of compliance obligations for libraries that conduct their own vote.

That said, the reward of developing a compliant procedure and conducting a vote that is separate from that of the school district may be worth it, especially in places where the school budget is contentious and the library budget is less so.[8]

School district public libraries that conduct their own votes should periodically ensure that their procedures match what is being done by their school district. Further, such libraries should have written procedures setting out their process for assessing petitions and conducting, certifying, and keeping the record of votes. Finally, the procedures should be reviewed from time to time by a lawyer, who should provide the board with a written assurance of compliance.

Thank you for a thoughtful array of questions! School district boards, school district library boards, their attorneys, and reporters on the school district election beat will hopefully find this to be a good starting place for confirming what is required.

Before we dive into this, let’s make one thing very clear: the law in New York State always requires a construction permit! The question is: who issues it?

Confusion on this issue has been caused by “19 NYCRR 1201.2,” the state regulation that specifies which authorities can grant building permits to which types of entities (including schools and libraries).

Most public libraries will fall under sections “(a)” and “(b)” of this regulation. These sections place permitting authority for a private or local government building in the hands of a city, village, town, or county.

However, libraries on property owned by school districts or a regional BOCES will fall under section “(e),” which puts permitting authority for certain projects in the hands of the New York State Education Department (“NYSED”).

The specific wording of the authority given to NYSED is:

(e) The State Education Department shall be accountable for administration and enforcement of the Uniform Code [e.g., issuing building permits] with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by, school districts and boards of cooperative educational services [a.k.a. BOCES].

In other words, if the property is owned, leased, or operated by a school district or a BOCES, NYSED will have permitting authority over it. This authority applies to only those libraries that lease property from a school district or a BOCES.

Guidance from NYSED about its permitting process[1] is consistent with this interpretation of the language in section (e).[2]

So, a school district public library needs to work with its municipality for a building permit, unless it is a tenant of a school district or a BOCES.

And now, a note about the library construction process…

Confirming the permitting authority—and who will work with them—is an important first step in the library construction process. When a library designates a person to take point on leading a library construction project, the plan for a positive relationship with the permitting authority should be confirmed early on. If the point person has not done that type of work before, another person[3] with that experience (hopefully with the same permitting authority) should help lead the team.

Thank you for an important question!

Let’s give short, punchy answers to the questions and then drill down with further information about each answer.

1. Do we need to pay refunds to tax levies received in prior years?

If the library was not a party to the settlement (which it wasn’t), NO.

2. If we’re not obligated to pay the refund, would the school district have to pay it on our behalf as the tax collector?

If the district entered into the settlement without the library being notified, YES.

3. Are we subject to settlements that we weren’t involved in, nor aware of?

There is no case law on this point (yet) but a wise position to adopt is NO (while being ready to be told MAYBE).

Okay, let’s break this down a bit more:

First, let’s remember how we got here: in 2021, the State Assembly amended Real Property Tax Law Section 726, enabling school districts to collect from the library any lost revenue from taxpayer challenges to property assessments. A recap and commentary on that law, which went live in 2022, is posted at https://wnylrc.org/raq/return-school-district-tax-levy-money.

In that earlier answer, I wrote: “There are about fifty more pages I could write on this topic, but that’s the Big Picture, and the Big Takeaways are: 1) it can happen; 2) it is good to prepare for it; and 3) if it happens, review the details before agreeing to it.”[1]

This issue—settlements of assessment challenges covering multiple years, including years before the law was changed—is a big chunk of those fifty pages! But we’ll keep this answer short.

So, to dive in a bit more:

Why do I say there is no obligation to pay refunds for tax levies from prior years (before 2022) if the library was not a party to the settlement?

I say this, because it is a prudent first position to take. Agreeing to pay a settlement when your library wasn’t notified or invited to the table is dicey. Agreeing to pay the money for years when there was no obligation to pay it is even more dicey! It is wise to be circumspect and assess the claim before paying it.

Why do I say that, if a library is not obligated to pay a refund, the school district would still have to pay it? Because the law doesn’t allow the taxpayer to collect the refund from the library directly; it allows the district to collect the money from the library after repayment to the taxpayer. In this case, while the district might only be able to collect part of the payment from the library, it will still owe the full amount of the refund to the taxpayer.

Finally, why did I say it is wise to reject that your library is obligated by a settlement it wasn’t involved in nor made aware of, but that your library “maybe” should be ready to be told otherwise?

Whenever the law changes, there is a period of trying to figure out the new boundaries and implications of the change. While the resolution of an assessment challenge is often a judicial order, with thousands of dollars at stake, it is good to take a hard look at what is being demanded and make sure the district demanding it is clearly entitled to it.

So, when a refund is demanded, it is a good idea to demand ALL the paperwork related to the assessment challenge, the negotiations, the settlement, and the final order, to make sure your library is both following the law and not handing over more than it has to.

And on a final note: all that said, every aspect of a tax assessment challenge and refund must be handled with extreme tact and diplomacy. After all, the library must maintain a positive and collaborative relationship with the people involved in the deliberations, so, when assessing potential refunds and requesting paperwork, feel free to pour as much sugar as you want into the request.

Sample language for this is: “Of course the library wants to issue a refund in any amount required by law. Please provide us with copies of the documentation related to the assessment challenge, any settlement, and the final order, and our treasurer will assess this as soon as possible so we can issue the correct amount.”

When your library has received the documentation, have your local attorney take a look it, and issue a written opinion as to what is owed.

Once the board has the complete picture and any advice it needs, it can vote to issue the refund, and then make sure it is considering the financial implications of the amount.

Thank you for a nuanced and very important question!

The short answer is yes, it's true. A school district tax levy, even if it’s a separate line on a school district bill in support of a library, can be reduced if a taxpayer challenges their assessment after the tax bills go out, and yes, since 2022, a library may have to refund overpayments.

While taxes supported directly by the voters (and distinctly designated on tax bills as for the library) are the most stable sources of annual revenue, both can be subject to the correcting and refund provisions of New York's Real Property Tax Law (RPTL 554 and 729, respectively).

For this reason (and others), it’s a good idea for a library dependent on such revenues to maintain a fund balance that can help bridge any reductions.

All that said, if your library receives notice that a reduction or refund must be made due to correction, it is wise to ask for the details and underlying documentation (and have your lawyer or accountant review them), to ensure the board is in a position to agree that the reduction or refund was issued properly.

There are about fifty more pages I could write on this topic, but that's the Big Picture, and the Big Takeaways are: 1) it can happen; 2) it is good to prepare for it; and 3) if it happens, review the details before agreeing to it.

In the United States, public schools that accept federal funding are barred from restricting student access to generally available space on the basis of “religious, political, philosophical…” beliefs.[1]

In New York State, laws, regulations, and policies protect the rights of students to observe a religion at public school.[2]

Consistent with these rights and protections, public schools in New York State must allow student religious groups to use generally available space on an equitable basis[3] and confirm through policy that students and staff have an individual right to pray in school.[4]

So, in New York, students being accorded space and time to pray in school (including in a school library) can happen one of two ways: first, as an act of individual liberty, or second, as a group exercise of equal access to space.

Of course, granting space on an equitable basis and honoring an individual student's right to pray in school is not quite what the member is asking about; this question turns not on indisputable rights but on the practice of using library space for exercising them.

In some ways, a school selecting the school library as a place to exercise fundamental rights of religious expression sounds like a compliment to the library.  When seeking a place to pray, who wouldn't prefer a welcoming, orderly library to a supply room, a gym, or even an empty classroom?  There is something about orderly stacks of books and room to read that lends itself to spiritual confidence.[5]

As the member points out, however, a school library is not an empty classroom; it is a useful and routinely used space, often with scheduled activities, and generally available to all.

This is where things get tricky, and it’s at the heart of the member's question: What is the legality of using a school library for a prayer place for students?

The answer is: absolutely, use of the school library for individual prayer is legal, just as use of any designated space (a supply room, a gym, a classroom) for free exercise of religion can be legal.

That said, administrators implementing such an accommodation should be careful of three factors:

First, if space in the library is available to organized student groups/clubs for prayer, it must also be available for other school groups on the same basis (that's not the question here but is important to establish).

Second, if space in the library is available to individuals for prayer (which is the question here), the use should align with the school’s policy on “free exercise” of religion, but one must be careful not to drift into any “establishment” of religion by making it seem like that is the purpose of the space.[6]

And third: a school should be wary of using the library space—which is for all students at all times—in a way that could limit access to others. Unlike the supply room, a gym, or an empty classroom, a library has a prescribed time when it is available (generally all day). Accommodations in furtherance of free exercise of religion, while a basic civil right, should not impede access to a general-access location.

Which brings us to the second question:

Should an alternative location be put in place in lieu of the school library?

This question comes down to a school library's size and layout.  If the school library has a spare study room or area in the library that can safely and respectfully be used for prayer, without restricting general access to library resources, it may make sense to use that space. But if (as the member writes) the library is small and only has space that meets basic regulatory requirements for the school (see 9 NYCRR 90), the school should consider another location.

The bottom line here: To avoid needless stress, the civil right of free exercise of religion should NEVER be pitted against the general needs of a community. In addition, accommodations that limit access to required resources should be avoided.

School administrators must think how they can allocate space safety so students can exercise their fundamental rights without putting them in needless conflict with the rights of others.  School district lawyers and facility managers can help administrators reach solutions by allocating space with attention to compliance.

The answer to these highly specific questions will assume readers have reviewed the ALA's excellent general guidance at https://www.ala.org/advocacy/privacy/guidelines/videosurveillance and the "Ask the Lawyer" guidance here: https://wnylrc.org/raq/patron-privacy-and-police.

With that background taken as read, let's address these questions related to a closed-circuit camera with audio recording at a school district public[1] library:

Is it legal to record sound [and/or] it is a violation of patron privacy?

In New York, recording third parties without their permission[2] is illegal "Eavesdropping" per Penal Law Section 250.05: a class E felony.

Section 250.05 is part of Penal Law Article 250 "Offenses Against the Right to Privacy," so from both the legal and ethical perspective, such recording is a violation.

Can board members review the tapes?

Assuming the tapes are visual only (and not illegal Eavesdropping), from the legal perspective, a board member could view a security camera recording, but from the ethical and risk management perspective, such viewing should only be per an established policy.

How does this all play out in the real world?

Put plainly:

A non-association library board in New York State considering use of a security camera system should ensure such a system is only used once there is a policy in place, and that policy should address the following questions:

• What is the purpose of the cameras?
• Where are the cameras pointing?
• How does the library ensure use of them is consistent with applicable ethics?
• Are any of the generated recordings patron library records?
• How long are the recordings kept for?
• Once the retention period is past, how are the recordings disposed of?
• How are the records secured against data breach or misappropriation?
• Who gets to view the recordings, and why?
• How will FOIL requests for the footage be handled?
• How will other requests for the footage be handled?
• When the library deems it necessary to retain recordings past their retention term, how are the recordings saved?
• Will any of the records be archived?

Below is a template policy for a non-association public library addressing the above questions.  Areas in yellow may be customized for the needs of a particular library (make sure you remove the footnotes).

Thank you for an important array of questions.

POLICY

To achieve the desired balance user privacy assurance and on-site security, any use of security cameras and of records generated by such cameras ("Security Recordings") in the Library will follow the below provisions.

A. Limited Use

Cameras will be used to generally monitor the areas noted on the floor plan or survey attached as "A."[4]

Cameras will never be used to monitor the following: [insert specific areas or angles to affirmatively be excluded; common examples are bathrooms, reference desk, check-out desk].

Cameras will be set up so they do not record the content of media accessed by patrons.

B. Notice

In all areas subject to security camera recording, the Library will post a sign: "The Library values patron privacy and security.  This area is monitored by security cameras."[5]

C. Patron Records

Security Recordings showing people are considered to be patron records and the Library will not release such recordings to third parties without a court order or subpoena.[6]

D.  Viewing and Use of Security Recordings by the Library

The Library will use Security Recordings to address general and specific security needs, including but not limited to:

• Assessing safety concerns
• Addressing Code of Conduct-related incidents
• Assessing operational and facility needs
• INSERT

When footage must be reviewed by the Library, such review must be authorized by either the Library Director or by a resolution of the Library’s Board of Trustees.[7]

When a Security Recording must be retained past the period set by Section G of this policy, for any reason, the basis and plan for the retention must be authorized by either the Library Director or by a resolution of the Library’s Board of Trustees.

E.  FOIL Requests

Request for Security Recordings generated at a particular date and time shall be evaluated by the Library per its FOIL policy.

In keeping with the applicable laws, Security Recordings featuring Library users shall not be made available in response to FOIL requests.[8]

F.  Warrants, Subpoenas, Litigation Hold

Requests to disclose copies of or to retain Security Recordings per a warrant, duly issued subpoena, or "litigation hold"[9] demand will be evaluated by the Library Director or designee with advice of legal counsel as needed.

G. Retention & Data Security

The Library retains Security Recordings for [period decided by Library], unless a specific segment is required to be retained for operational purposes, in which case, such segment is retained for three (3) years as required by the Retention and Disposition Schedule for New York Local Government Records.

The Library may also identify certain footage it decides is worthy of being retained in permanent archives.

H.  Budget and Capacity

The board shall no less than annually review of the budget and operational capacity needed to assure that the retention, disposal, and security of Security Recordings may remain as required by this policy.[10]