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Transcribing could be challenging, particularly for smaller libraries, so we were relieved to read that once minutes were created, we might not have to transcribe (hopefully we are reading that correctly).
However - our question is about the placement of the word "or". Is it:
Option 1: Once transcribed, keep for four months. Once minutes are created and accepted (which might be less than four months - in our case, it would be at the next board meeting), you can delete recording.
Option 2: Whether transcribed or minutes created, keep the recordings for four months.
Under option 2, it seems like there is a higher standard for meetings. Pre COVID, our board meetings would occur, open to the public but usually no public in attendance, and the only "evidence" of the meeting would be the minutes. Now, we are required to keep the recording for at least four months - which isn't a huge hardship but curious about the rationale behind that.
The public libraries in our region have been requiring staff to complete a health self-assessment every day that they report to the building to work. Some of these libraries now have a collection of paper or electronic responses that date back to June.
How long should these records be kept? Two weeks? Two months? Forever?
And, not to complicate matters, but for municipal or school district public libraries, are these records, or portions thereof, subject to FOIL?
The state's new paid sick leave law recently went into effect on September 30th. According to the state's website, eligibility requirements are as follows:
"All private-sector employees in New York State are covered, regardless of industry, occupation, part-time status, and overtime exempt status. Federal, state, and local government employees are NOT covered, but employees of charter schools, private schools, and not-for-profit corporations are covered."
As a school district public library, I'm curious to know if we fall into this local government category and so are not covered by the law. According to the state comptroller's table summary of local government entities [https://www.osc.state.ny.us/local-government/data/local-government-entities][NOTE: This link was confirmed as no longer active and removed on 02/25/2022 as part of the routine review of "Ask the Lawyer" materials.], public libraries are listed as "Miscellaneous Local Public Organizations".
However, in regards to page 33 of the State's Local Government handbook,
"Local government in New York State comprises counties, cities, towns and villages, which are corporate entities known as municipal corporations. These units of local government provide most local government services. Special purpose governmental units also furnish some basic services, such as sewer and water services. School districts, although defined as municipal corporations, are single-purpose units concerned basically with education in the primary and secondary grades. Fire districts, also considered local governments in New York State, are single-purpose units that provide fire protection in areas of towns. Fire districts are classified as district corporations. There are other governmental entities which have attributes of local governments but which are not local governments. These miscellaneous units or entities are generally special-purpose or administrative units normally providing a single service for a specific geographic area."
I wonder if a school district public library, such as ourselves, doesn't fall under this last category of governmental entity: one which has attributes of local governments but which is not a local government. If this is so, then this new law would seem to apply to us as well.