Library cards for minors

Question

I’m assuming the age requirement for youth cards varies widely even among NYS libraries, but what are the key determining legal factors which inform how libraries settle on an age range for this policy? I can think of three factors, and libraries likely conflate all of them together.

Answer

When advising on a policy or set of terms for a library or library system to adopt for children’s library cards, I ask for the following information:

Checking Materials Out to Children Without Parent's Permission

Question

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.

Answer

First, I'll answer the easy question: No, you are not overthinking this.

For children fortunate enough to be brought to the public library at a young age, the experience is life-altering. They grow as readers and thinkers. They see themselves as part of a community that shares resources. They start to absorb the values of privacy and information access.

Responding to post-employment information requests

Question

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?

Answer

Yes, it is a valid concern.

Let’s break it down and explore why.

Once an employee is terminated—whether or not for cause—a former employer should have policies to govern the post-employment relationship.

At a bare minimum, these policies should address:

Compensation Strategy for Public Libraries

Question

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).

Answer

Before I answer, let’s confirm: sometimes, base pay (hourly wage or salary) is the only compensation an employee gets, while sometimes, compensation is base pay plus a robust combination of benefits.

Reconsideration Policy for Book Challenges

Question

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.

Answer

This question threw me into an existential spiral.

Unlike most existential spirals I get hit with these days,[1] this one was fairly pleasant; I got to think about New York State Education Law, due process, and library plans of service.

Here is how it went down:

Evaluating Public Library Collections in NYS

Question

My school district public library system just reviewed a new (April 25th, 2024) NY Education Department Decision by the Commissioner, addressing the proper procedure for evaluating school library books. What does this decision mean for school libraries and school library systems?

Answer

The member is referring to NYSED Commissioner Decision #18,402, which resolved an appeal related to books in a school library.

Patrons with Service Animals

Question

My library knows that service animals provide vital assistance to patrons with disabilities, and that they must be allowed on library premises without pre-approval.

We also know that when a service animal is brought into the library by a visitor, we can only ask if the animal is needed for a disability, and what work or task it has been trained to provide.

Answer

First: Because of the restrictions you cite, continue to not take the bait! If this person is indeed taunting library workers and daring them to deny access, continue to address the situation with tactical restraint.[1]

Staff Disparaging Comments About Employer or Funder

Question

Recently, a page at the library made some comments that were less than flattering about how the local town was handling a new subdivision. The town supervisor came to me (we are an association library and not part of the town government) and asked if our personnel handbook had any language about social media use.

Answer

Some questions are tricky, some questions are complex, and some questions are simply a Huge Spider Web of Extremely Intricate and Dangerous Contingencies.

Not to be too dramatic, but this question is that last one.

What creates this tangled web?[1] Let’s explore the threads: