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.

[This question about Friends of the Library and $$$ is from a municipal public library]

We have a newly re-organized Friends group that does not have 501(c)(3) status but would like to accept donations. I know that the library can act as a pass-through for grants but I was wondering if this also applies to undesignated monetary donations?

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 several questions related to the legality and ethics of individuals serving as municipal library trustees. Who can serve, and who can or should not? Does an individual have to reside within the municipality in order to serve as a municipal library trustee? Can members of the municipal council or legislature simultaneously serve as municipal library trustees? How about employees of the municipality (as opposed to library employees)? Are there prohibitions or guidelines concerning family members of municipal officers or employees?

We are a small municipal library serving a village of 6500 & a town population the same size. Our village trustees have decided to take our balance from the 2022-2023 fiscal year & add to the village general fund. Does New York State Education Law #259 apply here? We were told it is just the Attorney General’s interpretation of the law & does not keep the balance in the library’s possession.