Top Ten Risk Management Exercises For Governing Boards of Libraries & Cultural Institutions During the 2025 Federal Shift

Question

Early 2025 has brought changes to stability of certain federal programs, funding, and governance. This instability is creating concern about access to grants, federal programs, and legal frameworks. What can our board do to address this?

Answer

2025 has INDEED started off with a great deal of instability to federal programs, funding, and governance. In this answer, we’ll call this phenomenon the “2025 Federal Shift.”[1]

Use of library website and staff time for fundraising

Question

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:

Answer

Before I answer, I have to put in this obnoxious disclaimer: THIS ANSWER IS ONLY FOR ASSOCIATION LIBRARIES.

I’m sorry. I know using ALL CAPS means I’m YELLING. But the distinction is important for these questions, so it warrants boosted volume.

Okay, with that obnoxious disclaimer out there, let’s get to the questions and answers.

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.

Open Meetings Law and Robert's Rules of Order

Question

A member library has the following questions concerning libraries that are subject to Open Meetings Law (OML) and have adopted Robert’s Rules of Order for their meetings:
1. Are consent agendas allowed for agencies subject to OML?

Answer

For some readers, this might require a bit of background. So, before we dive in, there are two things to know:

First thing: All public libraries (even association libraries) are subject to the “Open Meetings Law” (or the “OML”), so this question applies to all public libraries.

Management of Municipal Library Construction Projects

Question

I am seeking clarification on the legal provisions regarding the oversight and management of construction projects by a municipal library. Our Law Department has previously indicated that the library board is not authorized to handle construction projects directly, asserting that it is the responsibility of the town.

Answer

Let's begin by breaking this question down a bit and giving one-word answers.

Question 1: Is it legally possible for a municipal library to manage its own construction projects?

Answer: YES.

Question 2: Can a library board take on such a role?

YES.

Question 3: What is the legal framework for such an arrangement?

Fundraising in Public Libraries

Question

I have always been under the impression that it is illegal for public libraries to fundraise on their own, aside from 2 book sales per year. If a school district public library no longer has a Friends Group, can it host fundraisers? For example, could the library itself host a bingo night and raise money? Can a school district public library send out a fundraising letter?

Answer

There are a lot of questions packed into this submission!

Let's take them one at a time.

First question: "I have always been under the impression that it is illegal for public libraries to fundraise on their own, aside from 2 book sales per year." [1]

Determining Responsibility in Materials Selection Policy

Question

The [NAME REDACTED] Public Library has a materials selection policy in place. When recently updating the policy, trustees had questions about the "responsibility" section which states:

Answer

What an insightful question.

Here is my answer: no, "delegate" is not quite the right word in this context.  A more suitable phrase could be:

"Per library policy, the Director, or an employee designated by the Director, has authority and responsibility for the selection of library resources."

Here is why:

Residency Requirements for Public Library Board of Trustees

Question

[This question is a quasi-fictional mash-up of some questions we got from some town libraries and a cooperative library system.]

Answer

First: I'd like to thank the libraries and the library system who brought up this issue.  The questions raised in this submission only materialized because they were committed to careful reading of the law and to doing the right thing.

Second: before answering, I have to set out two caveats.

Qualifications for Municipal Library Trustees

Question

I have several questions related to the legality and ethics of individuals serving as municipal library trustees. Who can serve, and who can or should not? Does an individual have to reside within the municipality in order to serve as a municipal library trustee? Can members of the municipal council or legislature simultaneously serve as municipal library trustees?

Answer

At "Ask the Lawyer" we aim to create resources that are accurate, clear, and above all... useful.

So, for accuracy and clarity, I will answer the questions briefly in the paragraphs below.