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Recently Asked Questions (RAQs)

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Determining Responsibility in Materials Selection Policy

The [NAME REDACTED] Public Library has a materials selection policy in place. When recently updating the policy, trustees had questions about the "responsibility" section which states:

"Authority and responsibility for the selection of library resources is delegated to the Library Director by the Board of Trustees. At the discretion of the Library Director, staff who are qualified by reason of education, training and experience are given the responsibility to select resources within the framework of this policy."

The question we have is should the word "delegated" be used in this context. The Handbook for Library Trustees includes sections stating that the board is legally responsible for all aspects of the library as an institution and have broad and almost exclusive powers and authority to administer the library. We wonder if the delegated section is correct, or if the responsibility section should just say that the Library Director is responsible for the selection of library resources.

Pass-Through Status for Libraries

A local artist has asked for us to become a fiscal sponsor (act as a “pass-through” organization). Is this something a public library can do?

Debt Collection and Library Fines

We have become aware that a recent law in New York shortened the statute of limitations to collect consumer debts.  Does this affect our library’s ability to enforce and collect library fines?

Sex Offenders in Libraries (NYS)

We have two individuals in our community, within 500 feet on either side of the library, that have been identified as sex offenders on the NYS website. One comes to the library to take out materials. He is an adult and now living and working in the community, but still identified on the NYS website. He is listed at a higher level of offense. He does not come into our children's room, but does check out materials when programs are happening with children of all ages. Our employees are concerned with this individual in the library – he has not posed any threat, but there is still concern. What is the legal course for him coming into the library, coming into the library during certain hours and what action can be taken if something more transpires?

 

Legal Recourse for Slanderous Accusations Against Librarians

A recent article appeared in a local newspaper that was describing the local efforts of a group called Moms for Liberty to have certain books removed from school libraries because the group consider the titles to be inappropriate for school age children. However, the language used and quoted in the article, including “#Porninschools Exposed" and that they found over 80 titles that should be given an "R" rating seems as if it could be construed as an accusation against school libraries that they are distributing materials to minors that are prohibited by law. The article also quoted the group as intending to get people "outraged" by posting excerpts from books they consider objectionable. I would like to know if the school librarians facing these kinds of accusations have any recourse to bring action against the organization or individuals within the organization making these kinds of possibly slanderous and libelous accusations.