Recently Asked Questions

Recently, a page at the library made some comments that were less than flattering about how the local town was handling a new subdivision. The town supervisor came to me (we are an association library and not part of the town government) and asked if our personnel handbook had any language about social media use. He shared that the town personnel handbook had a clause about not disparaging the town when you are an employee. Our handbook does not have specific language on this matter, instead stating that “Appropriate use of the Internet, email and social media is expected.” (There are more clauses about how and when to use the libraries social media, but this seems to be the only line about personal social media)

He and I discussed the matter further and he made a suggestion that the library should look in to whether or not a non-disparagement clause should be part of our social media policy. I got the impression he further thinks that should apply to our major funders (mostly, the town).

How, if at all, should libraries handle personal social media use by employees, especially in regards to usage that might disparage the library or the town that funds us?

We are planning an emergency preparedness training for library staff to include CPR, First Aid, Stop the Bleed, and Narcan training. We have heard from librarians that some boards are concerned about the implications of having staff trained. We would like to have some commonly asked questions addressed so that we can answer them if they come up.

1. If staff are trained, do they incur a duty to act? Would they personally or the library as institution become liable should they freeze up and not intervene?

2. If staff are trained but inadvertently cause harm in the process of administering aid, are they covered by any kind of Good Samaritan law?

3. Can a library have a policy of requiring all staff to undergo these types of trainings?

4. Are there any other legal implications or obligations that should be considered that the average person may not think of?

A director of a library resources council asks…

I know we have policy and procedures in place for our staff travel, but what if we were to reimburse or give grants for personal auto travel to members.

Example: could we offer a monetary amount for our members to travel to Albany for NYLA Legislative Day? Would our [library]council be liable if the person gets in an accident?

We also offer Professional Development grants. If travel is included in the grant we award are we liable for supporting that trip if the person is in an accident or injured?

How long should the library retain employee records, payroll records, sales and purchase records, mortgage and loan documents, and other records?

My concern is about employee privacy and image use. Since it is so easy to take a picture these days, and many employee meetings are happening over videoconference, what are the laws governing the use of employee images and materials generated by a library employer?   What stops the participants in an online meeting from taking and using screenshots of attendees?  I know that being a librarian often means working with the public, but when it comes to an employer using an employee's picture and other digital captures of their image, what does the law say?   Can an employee attending an online meeting be compelled to turn on their camera?