Recently Asked Questions

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?

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 receives about 75% of our operating budget from a tax levy approved by school district voters via a [New York State Education Law Section] 259 ballot proposition. In 2019 the school informed us that they had settled a case with a local resident about the assessed value of their property and how much was paid in taxes in 2018 and 2019. The assessment was changed, and the school owed him a refund. The district proposed to deduct the library’s amount of the refund from our 2019-20 tax levy. We were advised at the time that the district had no standing to do this, and that the law did not provide a recourse for refund of association library taxes.

Now we’ve received a demand for refund from the attorney of a different resident who had been disputing their assessment every year since 2018 (covering tax years 18/19, 19/20, 20/21, 21/22, 22/23 and 23/24). We’ve received no communication from the town or the school - just a letter from the attorney. It was settled in court, yet we had no idea it was happening. The town and the school district were represented and part of the negotiation, but not the library.

We have three questions:

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

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? and

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

Any other advice you have on proactively managing this issue going forward would be much appreciated!

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.

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.