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Recently Asked Questions (RAQs)

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Special Legislative District Libraries and Early Voting

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?

School district public library election deadlines falling on weekends

Our trustee petitions to run for board seats are due 30 days before our election. That date happens to fall on a Sunday. What is the best practice for dates that fall on a Sunday? What is the best practice for dates that fall on a Saturday? Our petitions are due at the school, the school is closed on Saturday and Sunday.

What if the petitions were due at the library, and we were open?

Top Ten Risk Management Exercises For Governing Boards of Libraries & Cultural Institutions During the 2025 Federal Shift

Early 2025 has brought changes to stability of certain federal programs, funding, and governance. This instability is creating concern about access to grants, federal programs, and legal frameworks. What can our board do to address this?

Use of library website and staff time for fundraising

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.

Compensation Strategy for Public Libraries

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.