Recently Asked Questions (RAQs)

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?

I am seeking clarification on the legal provisions regarding the oversight and management of construction projects by a municipal library. Our Law Department has previously indicated that the library board is not authorized to handle construction projects directly, asserting that it is the responsibility of the town. However, assuming full compliance with municipal laws, would it be permissible for the library to manage its construction projects if we hire a qualified project manager and maintain close coordination with the accounting department for payments?

Could you please advise on the legal framework that governs these responsibilities and whether there is any flexibility for the library board to take on such a role?

Thank you for your guidance on this matter.

I have always been under the impression that it is illegal for public libraries to fundraise on their own, aside from 2 book sales per year. If a school district public library no longer has a Friends Group, can it host fundraisers? For example, could the library itself host a bingo night and raise money? Can a school district public library send out a fundraising letter?

Or is it important that all library staff and trustees refrain from fundraising efforts in order to separate public funds from fundraising? I am struggling because we have a lot of great ideas, but the future of our Friends Group is unclear. I am wondering what options are available to me as a library director, and my Board of Trustees, if the Friends Group were to dissolve.

Thank you so much.

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.

[This question is a quasi-fictional mash-up of some questions we got from some town libraries and a cooperative library system.]

We are a town public library, so our town board appoints our trustees.  We know New York's Public Officers Law Section 3 requires that the appointed trustees be residents of the town, but recently, our town attorney said our town adopted a local law to exempt appointments from the Public Officers Law's residency requirements.  Can a town do that?  And if so, can that be a way to address a shortage of trustees who reside within the Town limits?