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Recently Asked Questions

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FOIL and Social Media

For public libraries that must comply with Freedom of Information Law (FOIL), how does FOIL impact our organization's use of social media? What sort of social media records can be FOIL-ed and what are some best practices for using social media in regards to FOIL?

Contract Employees and FOIL

Does a contractor have to comply with FOIL request if they are contracted to a county government?

We have a [person] requesting information about a Security Guard who is a Contract Employee (employed by another government entity). All I know is the Guard's 1st name- which is on no paperwork we have. I have already told the requestor that the Guard is employed by an outside company. We are [REDACTED] County government and contract through [REDACTED Other Public Agency] - What do we have to do legally?

Board of Trustees notes retention

I am a Trustee on the Board of our library. I also serve as the Secretary to the Board. As such, I do the note-taking and draft the meeting minutes for every board meeting. Do I need to retain my handwritten notes, once I have transcribed them into document format? If so, how long must they be kept and where? FYI, the minutes are drafted, approved by the Board, then uploaded to the library website where they are available to the public.

Thanks for your consideration. Much appreciated.

Trustee Addresses for Open Meetings

As you know, Governor Kathy Hochul signed legislation (S.50001/A.40001) extending virtual access to public meetings under New York State's Open Meetings Law, which allows New Yorkers to virtually participate in local government meetings during the COVID-19 pandemic.

My assumption is that library trustees will continue to be required to provide their home address or the location from where they are remotely attending the virtual meeting. Has that law requirement changed with this extension?

Availability of Open Meeting Documents

The Governor signed S1150A/A1228A into law [on] October 19, 2021. Now Chapter 481, this change requires that open meeting documents be available upon request or posted to the public body's website at least 24 hours prior to the open meeting at which the documents will be discussed.  Can you comment?

AND

Several libraries have questions regarding the new Open Meetings Law S1150A/A1228A

The law requires that open meeting documents be available upon request or posted to the public body’s website at least 24 hours prior to the open meeting at which the documents will be discussed. https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A01228&term=2021&Summary=Y&Memo=Y&Text=Y

Do libraries that furnish the documents upon request also have to post the documents on their websites?

Does a library have to post the documents on their website 24 hours in advance, if no one requests them?

What encompasses agency documents that “will be discussed”? I assume it includes agenda, previous meeting minutes, director’s report, treasurer’s report, proposed annual budget, etc. What about a new personnel manual that is enormous, or, a board member who introduces items under “new business” but does not submit them ahead of time to add to the agenda?

How long does a library have to leave the documents up on their website after the meeting takes place?

Will this new law remain in effect if the Gov. does not extend the modification to Open Meetings Law after January 15, 2022?