Recently Asked Questions

For public libraries seeking school ballot funding, there's some gray area around whether a petition with signatures of eligible school district voters needs to be submitted to the school. Is the petition actually needed and if so, what laws and policies define this process?

[My library's] community is calling for a member of the staff to have a seat on the board as a voting member. However, I am searching for something in the trustee handbook or DLD regulations that explicitly states this. I am not aware of any library that has ever had a staff member sit on the board as a voting trustee. I'm not inclined to agree because there are multiple knock-on effects they have not contemplated (e.g. changes to by-laws, number of seats on the board, not to mention the ethicality of a staff member sitting on a body that directs hiring/wages/appointments etc.). Of course, local by-laws are also in effect, but those do not state staff cannot be on the board, it's always just been common knowledge.

Any help/advice you could provide about the ethical question, as well as perhaps the legal one, would be very helpful.

Many thanks.

We are a school district public library planning a capital project. The question is whether or not the project has to be approved by a public vote. We have been given money from our assemblyman towards the cost of the construction of one item in the plan. The remainder of the funds will be from the Friends of the Library, a foundation that is raising money in memory of two people and other private donations. We are not asking for tax dollars for the project.

Our by-laws name certain committees as committees of the corporation --- "No such committee shall have the authority to bind the board. Members of such committees of the corporation, who may be non-trustees, unless otherwise designated, shall be appointed by the President."

Can the non-trustee members of a committee vote if one is called for in the committee? It seems like they could because the committee can't bind the board, however we could see where their vote within a committee might mean that something isn't brought to the full board.

Related to this, should we amend the by-laws to specify them as voting/non-voting members of committees?

Thank you!

Our public, municipal library wants to seek funding through a school board levy.  The boundaries of the school district we’re petitioning are outside (but include) our municipality.  Are there any legal impediments to a public, municipal library going on the school district ballot?  We have reached out to New York State Ed’s Division of Library Development and NYLA, but seek a lawyer's perspective.