Recently Asked Questions (RAQs)

I was told that when a public or association library’s charter sets a range of trustees (for instance “no less than 5, no more than 15”) the bylaws should always set out the current number. Is this true?

I am reaching out to request a legal opinion regarding the roles and responsibilities of library staff in supporting board fundraising efforts, as well as the permissible use of library digital platforms for fundraising activities. As a New York association library, we strive to adhere to state guidelines and ethical standards and seek clarity on the following specific matters:

Staff Involvement in Fundraising
Are there any legal restrictions or guidelines that would limit or prohibit our library staff from directly or indirectly assisting in fundraising efforts organized by the library board? We are interested in understanding any relevant employment or nonprofit regulations that would guide staff participation in these activities.

Use of Library’s Website and Facebook Account for Fundraising
Can the library board legally use the library’s official website and existing Facebook account to promote or facilitate board-led fundraising campaigns? We would like to ensure that these actions comply with any applicable state laws and nonprofit guidelines that might apply to public association libraries in New York.

Creation of a Library Board Facebook Account for Fundraising
If the above is permissible, is it also acceptable for the board to establish a separate Facebook account specifically for fundraising purposes on behalf of the library? We are particularly concerned with understanding the necessary distinctions (if any) between a board account and the library’s official social media presence.

Your legal guidance on these questions will be invaluable in helping our board make informed, compliant decisions about our fundraising strategies and staff involvement. If any additional information is required for this analysis, please let me know.

Thank you for your attention to these matters. We look forward to your advice.

We are an association library that would like to appoint our interim director to the permanent position, but we are concerned: Do we have to have a search?  Are there any legal concerns with simply moving ahead and voting to give them the position?    

I serve on the board of an association library.

My family has to consider legal proceedings against a school district that provides funds to the library through a public vote (as required by law, when the District puts the ballot out, the amount for the library is separate). Would my personal legal proceedings pose a "conflict of interest" with my position as a trustee? Is there any foreseeable conflict?