Recently Asked Questions (RAQs)

What are the legal requirements, or best practices, for libraries handling lost or unclaimed property, i.e. patron items left inadvertently at the library?

For items like lost library cards where the owner’s identity it easy to find, we look up the patron record and attach a note to it, then place the card in Lost & Found. But what about things like electronics? We’ve had a lost cell phone in L&F for several months now. I assume for privacy reasons we should never access the phone in an attempt to learn the owner’s identity?

Three area directors I’ve asked said that after one month, they give unclaimed phones to their local police department. Is this a legal requirement or simply a best practice? What about other found items, like money? Can money, after a period of time, be given to the library’s Friends group or kept by the library itself, or should it be turned over to the police as well?

Thanks.

Our public library has been told by patrons that another patron is following up on interactions at the library, including at the circulation desk, by showing up at the reporting patrons’ homes. Such behavior, if harassing, is against our Code of Conduct. Does our library risk legal liability for this?

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?

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.

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?