Recently Asked Questions

We are a small, rural, association library that serves a population of under 4,500. We recently received an Abuse or Molestation Exclusion from our general liability/property insurance company. It states that the Abuse or Molestation Exclusion on our policy has been replaced with a new "Broad" Abuse or Exclusion, which applies regardless of whether the abuse or molestation occurs while in the care, custody or control of any insured. Basically, we have no coverage in the case of any abuse or molestation claim made against a staff member. Our library has 21 security cameras throughout our facility, including any room where a staff member might be alone with children. We have a strict policy where a staff member is never to be alone one-on-one with a child. We have a Child Safety Policy in place. We also have Directors and Officers insurance, Employment Practices Liability insurance, as well as Workmans Comp coverage. We've had our insurance agent look into a separate Sexual Abuse Molestation (SAM) policy but it is quite expensive. Is it necessary for libraries to purchase an additional SAM policy, if we have taken these extra precautions?

Politics are impacting libraries more than ever, and our library organization is considering hiring a lobbyist to represent our interests in Albany.  We know that as a non-profit we can't engage in "political activity", but can we hire a lobbyist?  And if we can, what do we need to be thinking about, legally?

My association library is updating our meeting room policy. I've read Ask the Lawyer's previous advice on meeting rooms, as well as ALA's guidance. I have two questions that I can't find guidance on:

1. Private Use: We have only one meeting space that's used for library programs and by outside groups. It's adjacent to office space and a kitchen, so staff may need to walk through the meeting room at any time. When people reserve the room, we do tell them that it's not completely private for that reason so they know what to expect.

Our current policy states that the room "may not be used for private social functions, such as showers, birthday parties, wedding receptions, etc. unless permission is granted by the board of trustees." In practice, we have groups of card players, knitters or private meetings (local businesses, homeowners associations) regularly at no charge. If someone rented the room for a party, we would charge. I see those private meetings or activities as different from parties. Are we able to differentiate between types of private uses of the space?

2. Different fees for residents: If we charge fees, can we have different charges for people in our service area vs. people from out of town? We do live in a tourist area, and people will meet here as a destination. If a local non-profit reserves the room, I'd like it to be free, but if a non-profit that's not located in or serving our area wants to book it, I'd want to charge them. For out-of-town profit-making entities, I'd want to charge more. Can we set whatever fee structure we want?

For context, our chartered to serve area is our town, but we receive a tax levy from a larger area (our school district). We'd consider school district residents local.

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?

Can you provide a template facility use agreement for renting or allowing community groups to regularly use space in a public or association library?