Recently Asked Questions (RAQs)

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 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!

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.

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?