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Recently Asked Questions (RAQs)

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Submit a Question to Ask the Lawyer About the Service

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Question Submission Date
Does work at a library system or council “count” for Civil Service?

[We got a question from a library system...]

It recently came to our attention that a civil service department overseeing hiring for a public library was not allowing a job candidate’s experience at an Empire State Library Network (ESLN) council to count as valid library experience at a “library of recognized standing.”

The department stated that they do not consider working at an ESLN council—or any other library system—to be equivalent to experience in an actual library setting, and therefore would not count it toward the candidate’s qualifications.

This raises concerns. Many of us working in library systems view our roles as part of the broader library sector. Systems typically require significant library experience to qualify for these positions, and we often serve as a resource for our member libraries because of that expertise. It’s generally understood that this experience is transferable across library types.

How should job candidates respond when faced with situations like this? Many applicants may need to include their years of system-level work in order to meeting job requirements. Do you have some guidance or strategies for navigating this issue? Thank you!

Hiring Social Workers in Public Libraries

What would it look like if a Public Library hired a part-time social worker to help patrons deal with some of their everyday life issues that may come up while visiting the library? I see the potential benefits but can imagine a lot of complications.

Updated Unemployment Benefits in NY Labor Law

[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]

I heard that as of November 13, 2023, ALL employers in New York must notify an employee of the ability to apply for Unemployment Benefits upon "separation of employment" OR if their regular weekly hours are reduced to below 30.  I have several questions:

Is this true?

Does this new law really apply to ALL employers in New York (even a town or village public library)?

Does the new law apply even if the employee is resigning or retiring?

Does the new law apply to no-show employees or others who may have abandoned their employment?

Is there a form for this notice?

When does this notice have to be provided?

Why was this law passed?

Is there a model policy for this law?

Library Employment Contracts

Our Board of Trustees is searching for a new director. Our Library has transitioned from a very small building to a modern, significantly larger building. As a public library, the school district we serve has a population of more than 18,000. Our former director did not have a contract. Some trustees have expressed the desire to make a contract with the candidate selected to serve as the next Library Director. We have received conflicting information about how common such contracts are. We don't want to devote time and energy to drawing up a contract that holds no value in the end. How common and necessary is it to have a Library Director contract for a public library serving a community of our size?

Retroactive Background Checks

We have a school district public library board considering requiring background checks for new employees. They are concerned that they may be legally required to background check all current employees. Would there be any legal reason they would need to do so?