Recently Asked Questions (RAQs)

Our library is a school district public library. The associated school district is a central school district. The library does not hold or oversee our own elections. Library trustee elections, yearly levy, and any special ballot initiatives are held by the school district.

Our library trustee elections have become more active recently with a noticeable increase in resources being spent by candidates. Signs, mailings, political consultants, all have become common. With these changes have come more questions from the public about the elections and allowable candidate activities. Greater scrutiny of expense filings, questions about candidates’ signs, etc. have come our way.

If we received questions like these for non-district elections, I would send folks to the County Board of Elections for an authoritative answer. That is not a great resource for district elections like ours.

Is there an entity that has oversight of our elections? Is it the School District Chief Elections Inspector? Does NYSED have a role? Is it different for different types of school districts and associated school district public libraries? Are election rules for a school district public library potentially different than for the associated school district? Where can we direct questions from the public to receive solid answers?

We are a Special Legislative District library holding our annual Budget Referendum and Trustee Election soon. It has come to my attention that we may be obligated to mail absentee ballots to certain people on a county supplied list. We have never done this before and with our small budget and staff time, this would presents a significant hardship for us to do this properly. Up until this point, we have made it apparent in all of our communications regarding the vote and in our public notices that absentee ballots are available at the library or by requesting one via phone or e-mail. Is this enough or do we really need to mail hundreds of ballots to people?

For public libraries seeking school ballot funding, there's some gray area around whether a petition with signatures of eligible school district voters needs to be submitted to the school. Is the petition actually needed and if so, what laws and policies define this process?

[My library's] community is calling for a member of the staff to have a seat on the board as a voting member. However, I am searching for something in the trustee handbook or DLD regulations that explicitly states this. I am not aware of any library that has ever had a staff member sit on the board as a voting trustee. I'm not inclined to agree because there are multiple knock-on effects they have not contemplated (e.g. changes to by-laws, number of seats on the board, not to mention the ethicality of a staff member sitting on a body that directs hiring/wages/appointments etc.). Of course, local by-laws are also in effect, but those do not state staff cannot be on the board, it's always just been common knowledge.

Any help/advice you could provide about the ethical question, as well as perhaps the legal one, would be very helpful.

Many thanks.

Our by-laws name certain committees as committees of the corporation --- "No such committee shall have the authority to bind the board. Members of such committees of the corporation, who may be non-trustees, unless otherwise designated, shall be appointed by the President."

Can the non-trustee members of a committee vote if one is called for in the committee? It seems like they could because the committee can't bind the board, however we could see where their vote within a committee might mean that something isn't brought to the full board.

Related to this, should we amend the by-laws to specify them as voting/non-voting members of committees?

Thank you!