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Recently Asked Questions (RAQs)

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How to Confirm the Number of Trustees at a NYSED-Chartered Library

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?

Is a 414 a “new tax”?

In the Municipal Ballot Votes for Library Funding in New York State manual (the “414 Manual”), it states that a Chapter 414 referendum “is not a new tax,” asserting that the funds remain a municipal appropriation. However, Chapter 414 of the Laws of 1995 appears to authorize voters to determine “how much to tax themselves” for library services, and the municipality is then required to levy and collect that amount annually as a separate line item on the tax bill.

Given that the municipality becomes the taxing authority responsible for collecting and remitting these funds to the library, does a successful 414 vote legally create a new or distinct tax obligation (as opposed to a continuation or adjustment of an existing municipal appropriation)?

In other words, how should the resulting levy be properly characterized under New York Education Law and municipal finance law, as a continuation of an existing appropriation or as a new dedicated tax established by voter approval?

Publishing a library's budget

Could you please provide the effective date of 8 CRR-NY 90.2?

Are all public libraries required to publish their budgets online on their websites?

Hiring Interviews and Accommodations

If a prospective employer specifically asks about a candidate’s physical capacity to do a job and they say they can do all of the tasks required, and then notify us afterwards that they need accommodations for things they said they could do without them, are we:

a) by law required to provide them 

OR

b) can we make a decision that the person is not able to do the essential functions of the job and therefore not be allowed to continue in their employment?

Dishonesty in applying for jobs seems grounds for termination, but when it comes to disabilities, I realize it’s a minefield.

Minimum Wage for Public Library Employees

We have 12 employees of the Library. 3 are salaried the rest are minimum wage. Are Library employees subject to NYS DOL Minimum Wage Law as well as the Wage Orders for salaried employees? We are unsure where we would fall. Our funding comes from taxes/aid/grants. We are looking for an answer as soon as you are able as we are preparing our budget for next year. Thank you so much for your help.