Recently Asked Questions

I read the response to the question of whether certain types of libraries must abide by the minimum wage in New York (https://wnylrc.org/raq/minimum-wage-public-library-employees). This includes the mandatory minimum salary paid to professional employees in certain categories who are exempt from overtime, most of whom (in libraries) have master’s degrees. I have to admit, I’m really disturbed that any entity in NYS can get away with paying as low as the federal minimum wage, given what the cost of living has climbed to.

You state that this is legal [for certain libraries] but any library considering this option [should engage an attorney with malpractice insurance to review that library's status under the law and provide a written opinion pertaining only to that library] before embarking on this path. Can you also speak to the potential downsides of choosing to pay less than the NYS minimum wage and minimum exempt salary if you discover you are allowed to do so? Thanks so much.

A member library has the following questions concerning libraries that are subject to Open Meetings Law (OML) and have adopted Robert’s Rules of Order for their meetings:
1. Are consent agendas allowed for agencies subject to OML?
2. Should public or association libraries refrain from having their Boards of Trustees accept the financials (motion, second, vote) presented by the library’s treasurer so as not to give the appearance of agreement and assurance that they are accurate and without error?
3. If there is a board committee that, per the bylaws, is not given the power to act independently o[f] the board, is it permissible for a member of such a committee to make a motion to be followed by discussion and vote without a second?
4. From the perspective of OML or others that you know are relevant for the library is it legally acceptable for a board chair to make a motion?

The [NAME REDACTED] Public Library has a materials selection policy in place. When recently updating the policy, trustees had questions about the "responsibility" section which states:

"Authority and responsibility for the selection of library resources is delegated to the Library Director by the Board of Trustees. At the discretion of the Library Director, staff who are qualified by reason of education, training and experience are given the responsibility to select resources within the framework of this policy."

The question we have is should the word "delegated" be used in this context. The Handbook for Library Trustees includes sections stating that the board is legally responsible for all aspects of the library as an institution and have broad and almost exclusive powers and authority to administer the library. We wonder if the delegated section is correct, or if the responsibility section should just say that the Library Director is responsible for the selection of library resources.

[NOTE: We didn't get this as a submission to "Ask the Lawyer", but we wish we had...]

Our library board is considering a resolution to bar displays celebrating Pride Month.  The ban focuses on, but is not limited to, displays in children's/YA areas.  Is this a legal issue?

I just read your excellent answer about posting documents per the OML changes in advance of meetings.

I think you are right on target.

My concern is to ask you to add to your questions for the COOG the following: Do working documents being shaped and edited at committee meetings need to be posted in advance of the committee meeting?

The Committee meeting is an open meeting. Let's say the policy committee is going to discuss a draft revision to a policy. Must we really post the draft revision prior to the meeting? The way our board works, the draft is likely revised several times over three or four policy committee meetings before it becomes part of a board packet for a full board meeting. My "gut" tells me that complying at that level would be overkill. A similar situation would be draft versions of a budget.

I think the public has an opportunity to see the documents in question before they are finalized at a full board meeting, so my instinct is that working documents would not need to be posted in advance. But that's not what a strict reading of the law itself and your posting tells me.

So, I am torn and would love clarification.

Lastly, I just want to compliment you on this service that you are providing. it is really great.