Recently Asked Questions

I read the response to the question of whether certain types of libraries must abide by the minimum wage in New York (https://wnylrc.org/raq/minimum-wage-public-library-employees). This includes the mandatory minimum salary paid to professional employees in certain categories who are exempt from overtime, most of whom (in libraries) have master’s degrees. I have to admit, I’m really disturbed that any entity in NYS can get away with paying as low as the federal minimum wage, given what the cost of living has climbed to.

You state that this is legal [for certain libraries] but any library considering this option [should engage an attorney with malpractice insurance to review that library's status under the law and provide a written opinion pertaining only to that library] before embarking on this path. Can you also speak to the potential downsides of choosing to pay less than the NYS minimum wage and minimum exempt salary if you discover you are allowed to do so? Thanks so much.

We were recently reviewing our reconsideration procedure and form. One of my trustees has completed a training on book bans and challenges. The presenter (Jamie LaRue) recommended that the library requires the book (or item) have been read (viewed or listened to) fully by the patron in order to submit a request.

It made sense to my trustee (and, personally, me) that, since we would now have to put in the time to read it fully, they should too. But, I was concerned if we could require that.

So, initially I checked with other directors, and I think only one said that they required it. Most, if not all ask, as we do. Another said they use the patron’s answer to help inform their own decision. Another said no, the patron would probably just lie. Another director wrote: “ALA OIF [Office for Intellectual Freedom] routinely advises libraries that: ‘The reconsideration process should be completed in its entirety and not subverted or ended prematurely, leaving the library open to legal challenge.’ So requiring that might open the library up to accusations of not completing the process, especially if that point was not explicitly covered within the reconsideration policy.” So, what are your thoughts?

Politics are impacting libraries more than ever, and our library organization is considering hiring a lobbyist to represent our interests in Albany.  We know that as a non-profit we can't engage in "political activity", but can we hire a lobbyist?  And if we can, what do we need to be thinking about, legally?

We are revising our Meeting Room Policy. Currently we have a group of seniors who meet at our library for [really healthy] exercise in the morning before the library is open. They have been doing this for about [many] years. As we know the participants very well and they want to meet before the library is open, we have allowed them to come into the building when it is not officially open.

There is no staff on duty. They open and lock up when finished. This has been a wonderful service we can provide our seniors in a rural community where there are very few options for group gatherings. We would like to keep this practice in place.

However, as we discuss the meeting room policy, we realize that we would not be comfortable with having other groups be in the library when we were not open to the public with staff present.

Can we write our policy to allow this group to continue with the current practice, yet limit other groups to only use the meeting room when the library is open.

I am interested in developing a policy to outline who/how the library may collect donations on behalf of other organizations. We have always had a Lion's Club eyeglass donation box in the library. I inherited this procedure but I cannot find any policy that specifies the parameters of such an agreement. Does the organization we would collect for have to be a 501C3? I can't find guidance on what is acceptable, appropriate and most of all legal. Does the organization have to be one that reports finances to the state? We are a special legislative district library. I found some information from the state (below) but my legalese isn't what I'd like it to be. Thanks for any information you can provide. (PS this is prompted by someone telling a local group that we would let them collect old sneakers for their cause...Eeeewww!)

SECTION 174-B
Solicitation
Executive (EXC) CHAPTER 18, ARTICLE 7-A