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?

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?    

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 found some information that may indicate that association libraries which charge patrons for faxes should collect sales tax.

This publication is the source of my inquiry: https://www.tax.ny.gov/pdf/publications/sales/pub843.pdf

On page 25, under "Sales and Utility Services" there is mention of telephony and a reference to section 1105(b) of the Tax Law. The section of the law specifically mentions facsimile services, but only intrastate transmissions would be taxable.

However, page 6 states: "Agencies and instrumentalities include any authority, commission, or independent board created by an act of the New York State Legislature for a public purpose".

Examples of "agencies and instrumentalities" include:
          • NYS Department of Taxation and Finance
          • NYS Department of Education
          • Association of Fire Districts of New York State
          • Nassau County Village Officials Association

Since association libraries are chartered by NYS Dept. of Education, I wondered if association libraries would be exempt from collecting sales tax on faxes.

Thank you in advance for clarifying whether association libraries are exempt from collecting sales tax on faxes.