Recently Asked Questions

[NOTE: This question relates 6 NYCRR Part 351, which implements the requirements of Titles 27 and 28 of Article 27 of the Environmental Conservation Law, aka "the plastic bag ban" which went into effect March 1, 2020, but was suspended for a variety of reasons until October 19, 2020.  For more information on that, see the graphic at the bottom of this answer.[1]]

Does the NYS plastic ban law apply to libraries using plastic bags for curbside pickup?

We purchased plastic bags to hold library items that patrons request, label the outside with their name and leave the bags on pick up carts in the foyer of the building. This is for patron privacy-others cannot see what a patron has requested. As well as a COVID-19 measure-others are not touching items for pick up to search for their materials.

We are tax-exempt and not selling anything. When our supply is exhausted I will explore other possibilities in order to support less plastic waste, even if the ban does not apply to us. But in the meantime, are we in violation of the plastic bag ban if we continue to distribute materials in plastic bags?

[1] Found on October 21, 2020 at https://www.dec.ny.gov/chemical/50034.html

Our archive was part of a regional project to initiate, scan, and make available church records from predominantly African American churches within a city. As part of this project, student/graduate assistants went to the particular churches, scanned the historical records as digital files, and provided those files to [our archive] for public access.

My question is in regards to photographs taken of minors and the restrictions for retention and online display. I would not have selected those particular items for retention, but because I was not on-site during the scanning, I have the files as part of the larger record (church programs, organizational records, committees, etc.). We have signed permissions from the church administration for online access and display of their records. In some cases the photographs are from over 20-40 years ago, in some cases they're much more recent. They're taken at private church events, Sunday school classes/activities, and public events--some as part of photo albums and some as individual files.

I'm struggling with how to treat these photographs and any associated records when I know they display minors. Any advice or direction would be greatly appreciated.

A public library is looking at the possibility of taking over the running of a medical loan closet that has been previously run by a church.

The library would find a space through a partner, so it would not be on library property.

The library would be responsible for cataloging the items, tracking their circulation, and applying for grants to help with funding.

The local visiting nurses have volunteered to handle the distribution of equipment, and are willing to continue if the library takes it over from the church.

The library's director and trustees are concerned about insuring the library to protect it in the event that someone gets hurt using a piece of equipment and there is the possibility of a lawsuit. They talked to their insurance agent and the company they use would not cover this.

A discussion came up about starting a separate LLC for the medical loan closet that the library would be openly affiliated with.

Would it be possible for a public library to set up a separate LLC to do this?

COVID has made online library card registration essential in many areas. What do we need to consider when dispensing online (temporary cards that allow access to e-resources) and physical library cards to children? At what age, and under what circumstances do we need to get a guardian's signature? Can we require some form of ID for children?

In light of recent accusations of alleged misconduct by community organization volunteers utilizing public library facilities, how should libraries protect themselves moving forward?

Many of our libraries have community rooms that are reserved at no cost, or minimal cost, for service organizations, community groups, or private events. Typically these events are not monitored by library staff, and often occur outside of normal library operating hours. Although community room use by the public may be limited based on scheduling and other parameters, discrimination based on the type of program/service is generally prohibited.

What best practice measures should libraries implement to reduce liability? Is there particular language that we should include in our community room rental agreements or policies?

On a related note, what about other library visitors that make use of library common space on a regular basis for tutoring or counseling that doesn't constitute a library sponsored program or group? Library staff cannot always monitor what occurs out of view of staff workstations, and cameras don't typically capture every secluded space within the building.

Finally, what about staff who often work alone in the library, or alone in the children’s' room? Even with policies regarding unattended children under a particular age, those age limits are often well below adulthood and library staff are in a one-on-one situation for extended periods of time.

This concern is primarily related to accusations of sexual misconduct and abuse of minors, but could apply to anyone, at any time, for any reason.