Recently Asked Questions (RAQs)

The expiration dates of our trustees’ terms are not properly staggered. Can this be corrected?

Background: Our Library Board has 11 trustees. When the Library was chartered in the 1950s, trustees were given 5-year terms with staggered expiration dates. Two terms expired in 1953, two in 1954, two in 1955, two in 1956, and three in 1957. In other words, there were five “classes”: four with two trustees each and one with three.

Over time, mistakes occurred and the terms are no longer balanced. Currently, four trustees’ terms expire in 2026, two in 2027, one in 2028, one in 2029, and three in 2030. While there are still five classes, they are no longer substantially equal. It may be possible to trace the errors in past records, but it is not clear that doing so would help resolve the issue.

We do not want to shorten the terms of current trustees. However, could future trustees be appointed to terms shorter than five years in order to restore the original distribution of four classes of two trustees and one class of three? Since our trustees are appointed by a municipality, we would need to coordinate with that body to make this adjustment if it’s even possible. The library’s charter and the board’s bylaws specify 5-year terms.

Any advice on how to proceed is greatly appreciated.

A town municipal public library has been told by the town that the library cannot have a donate to the library button on the library's website. The library hosts its own website, and the donations would go into a library checking account.

The town feels that the library will be seen as fundraising. Is there a comptroller's opinion or NYS Law that states municipal town libraries (or school district or special district) libraries cannot ask for donations on its website?

Thanks

My hometown library has implemented a fitness waiver for their movement and exercise activity programs. I am wondering if this is a good idea for my library. We provide some exercise classes including chair yoga, Zumba, nature walks, and are looking into another movement class activity. For reference, please copy and paste the form used by my hometown library [redacted for anonymity] into your browser or refer to the attached screenshot. Are we within our legal/ethical practices to implement such a waiver? Will we need to consult an attorney to draw up the waiver for a fee, or can we borrow the language used by [redacted for anonymity]? Thank you.

A municipal public library has accepted a gift of real property and is selling the property.

How much autonomy does the Library have in accepting and selling this property? The sponsoring municipality feels that perhaps it is their responsibility to handle the sale according to their regular procedures, including a permissive referendum (as required by law).

Finally, who controls the proceeds from the sale?

Are public or private libraries obligated to give paid time off for eligible employees to get the vaccine during work time? A staffer is planning to go upstate for it on a work day and the question came up if they have to use sick time or just "get the day" to take care of this. Thank you!