Recently Asked Questions (RAQs)

Could you please provide the effective date of 8 CRR-NY 90.2?

Are all public libraries required to publish their budgets online on their websites?

Our library is trying to set some parameters around what we require from a patron in order to check out library materials to them. For adults and teens, this is straightforward: we require they have their library card or a form of identification. We are struggling to find a procedure that works for children when they visit the library without a library card, accompanied by someone who is not their parent or legal guardian. This includes kids who visit the library on field trips or with their daycare, or who come with a friend or extended family member.

We want to have a procedure that balances the rights of minors to read freely, with protection for our library against claims that we have checked out materials to children that the parent/guardian believes to be inappropriate.

Some details about our library's policies:
1. We are a public library and do not restrict borrowing privileges by age group. A card holder is permitted to check out anything in the library, regardless of their age.
2. When a child (birth - age 11) gets a library card, their parent or legal guardian must fill out and sign an application that states: “My child has permission to have a library card. I understand that all library collections, including adult material and internet access, are available to children. I accept responsibility for my child's use of the library and any loss incurred.” This application is retained until the cardholder becomes an adult.[1]

We are not primarily concerned with the financial contract between the library and the parent/guardian, but with the potential fallout if a parent were to become angry that their child was permitted to check something out without their library card. If the card is present — say Dad gave it to Grandma when she offered to bring the kids to the library — we feel somewhat assured by having the parent's signature from the original card application. When the card is NOT present, though, we worry that we're opening ourselves up to problems.

We do have a compassionate/creative internal library card that we occasionally use to check out items to folks when our library's policies (e.g. Requiring a card/ID be present) are interfering with the library's ability to fulfill its mission (e.g. Teen has a book report that's due tomorrow and they didn't bring their wallet). We're concerned that if we used that mechanism to check something out to a younger child whose parent is not with them, we could be accused of using our Public Library Agenda to thwart parents' rights. 

Are we overthinking this?

A former employee who was fired for cause was denied unemployment benefits from DOL and has appealed the decision. Our board has been advised by our outside HR provider to not have contact with the former employee to make sure they don’t provide any support for the appeal or a legal claim. Is that a valid concern?

I am reaching out to request a legal opinion regarding the roles and responsibilities of library staff in supporting board fundraising efforts, as well as the permissible use of library digital platforms for fundraising activities. As a New York association library, we strive to adhere to state guidelines and ethical standards and seek clarity on the following specific matters:

Staff Involvement in Fundraising
Are there any legal restrictions or guidelines that would limit or prohibit our library staff from directly or indirectly assisting in fundraising efforts organized by the library board? We are interested in understanding any relevant employment or nonprofit regulations that would guide staff participation in these activities.

Use of Library’s Website and Facebook Account for Fundraising
Can the library board legally use the library’s official website and existing Facebook account to promote or facilitate board-led fundraising campaigns? We would like to ensure that these actions comply with any applicable state laws and nonprofit guidelines that might apply to public association libraries in New York.

Creation of a Library Board Facebook Account for Fundraising
If the above is permissible, is it also acceptable for the board to establish a separate Facebook account specifically for fundraising purposes on behalf of the library? We are particularly concerned with understanding the necessary distinctions (if any) between a board account and the library’s official social media presence.

Your legal guidance on these questions will be invaluable in helping our board make informed, compliant decisions about our fundraising strategies and staff involvement. If any additional information is required for this analysis, please let me know.

Thank you for your attention to these matters. We look forward to your advice.

We have an archive in our Library. We recently got a large donation of research that was used by the donor in the process of researching a book (we have the book in our catalog).

We were hoping the research was primary and original, but upon review, it largely consisted of:

• PDFs of full books taken from Google Books 
• PDFs of book excerpts taken from Google Books
• PDFs of articles with no identifying publication information
• PDFs/Word Documents with excerpts copied and pasted from websites and articles without attribution

This set off major alarm bells!

To complicate things, we have been so busy running our institution, our policies have not been updated to address concerns about “born digital” donations. And of course, we want to keep up a good relationship with the donor, who is a local author.

Is there a disclaimer or notice we can put on the online repository to protect us from potential copyright lawsuits? Is this a situation where every PDF book and document should be researched first to determine if it is in the public domain or protected by fair use? Should we simply refuse to put any of those documents online due to the risk?

Sincerely,
Discombobulated about Donations