Basic Library Law for TrusteesBasic Library Law for TrusteesA Webinar sponsored by the New York State A Webinar sponsored by the New York State

Division of Library Development and theDivision of Library Development and theLibrary Trustees Association of New York StateLibrary Trustees Association of New York State

November 8, 2013November 8, 2013

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Presented by:Presented by: Jerry Nichols, Director, Palmer Institute for Public Library Jerry Nichols, Director, Palmer Institute for Public Library Organization and Management; Palmer School of Library and Information ScienceOrganization and Management; Palmer School of Library and Information Science

Long Island University; LIU Post.Long Island University; LIU Post.

WelcomeWelcomeBernard MargolisBernard Margolis, , Assistant Commissioner for Libraries and New York State LibrarianAssistant Commissioner for Libraries and New York State Librarian

Bernard A. Margolis has served as New York State Librarian Bernard A. Margolis has served as New York State Librarian and Assistant Commissioner for Libraries since January 2009. Mr. and Assistant Commissioner for Libraries since January 2009. Mr. Margolis administers the New York State Research Library andMargolis administers the New York State Research Library and the the Division of Library Development. In partnership with the state's 73 Division of Library Development. In partnership with the state's 73 public and school library systems, the State Library delivers library public and school library systems, the State Library delivers library services to 19.5 million people served by New York's 7,000 academic, services to 19.5 million people served by New York's 7,000 academic, public, school and special libraries.public, school and special libraries.

Workshop ObjectivesWorkshop Objectives

Explore the legal basis for public Explore the legal basis for public libraries;libraries;

Understand the legal and ethical Understand the legal and ethical responsibilities of trustees;responsibilities of trustees;

Provide resources for further review.Provide resources for further review.

Topics Topics Core ValuesCore Values

Legal Structure of Public LibrariesLegal Structure of Public Libraries

The Laws and Regulations that you The Laws and Regulations that you should knowshould know

Your Responsibilities as aYour Responsibilities as aLibrary TrusteeLibrary Trustee

■ To provide your community with the best possible To provide your community with the best possible library service at a reasonable cost;library service at a reasonable cost;

■ To understand that the library is an To understand that the library is an essentialessential educational institution in your community;educational institution in your community;

■ To comply with the law and meet state standards;To comply with the law and meet state standards;

■ To promote good governance;To promote good governance;

■ To protect the Library, its staff and its assets;To protect the Library, its staff and its assets;

■ To utilize professional consultants wisely.To utilize professional consultants wisely.

Typical Legal IssuesTypical Legal Issues Labor Issues:Labor Issues:

Collective BargainingCollective Bargaining Grievances/TerminationGrievances/Termination

Public BiddingPublic Bidding Construction/Automation ContractsConstruction/Automation Contracts Real Estate TransactionsReal Estate Transactions Capital FinanceCapital Finance Negligence Suits (Slip & Fall)Negligence Suits (Slip & Fall) Article 78 ProceedingsArticle 78 Proceedings

Core Values Intellectual FreedomIntellectual Freedom

““Congress shall make no law respecting an establishment of religion, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”assemble, and to petition the Government for a redress of grievances” 1st Amendment to the Constitution of the United States of America

www.nyla.org/max/4DCGI/cms/review.html?Action=CMS_Document&DocID=860&MenuKey=career

AccessAccess www.ada.gov

Confidentiality of Library RecordsConfidentiality of Library Records N.Y. Civil Practice Laws and Rules Sec.4509; 2307N.Y. Civil Practice Laws and Rules Sec.4509; 2307 www.ala.org/offices/oif/iftoolkits/toolkitsprivacy/default

The Library as a The Library as a CorporationCorporation

Educational CorporationsEducational Corporations www.counsel.nysed.gov/pamphlet9/home.html

The Board of RegentsThe Board of Regents www.regents.nysed.gov

State Education DepartmentState Education Department www.nysed.gov

Commissioner of EducationCommissioner of Education www.oms.nysed.gov/orgchart/

State Librarian/ New York State LibraryState Librarian/ New York State Library www.nysl.nysed.gov

Critical DocumentsCritical Documents

Provisional and Permanent ChartersProvisional and Permanent Charters RegistrationRegistration By-LawsBy-Laws PoliciesPolicies MinutesMinutes AuditsAudits Contracts & Other Legal DocumentsContracts & Other Legal Documents

By-Laws and CharterBy-Laws and Charter

The The BBy-Lawsy-Laws are the rules and procedures are the rules and procedures by which the Board of Trustees functions. by which the Board of Trustees functions.

The The CCharterharter is a legal document from the is a legal document from the Board of Regents that incorporates the Board of Regents that incorporates the library, making it an library, making it an education education corporationcorporation that must meet certain that must meet certain standards of operation (standards of operation (Registration)Registration). .

The By-Laws must be consistent with the The By-Laws must be consistent with the current Charter, Education Law and the current Charter, Education Law and the Education Commissioner's Regulations.Education Commissioner's Regulations.

Types of Public LibrariesTypes of Public Libraries

Lack of Constitutional ProvisionsLack of Constitutional Provisions Who establishes public libraries?Who establishes public libraries? Public Public vsvs. Private. Private Four Types of Public Libraries:Four Types of Public Libraries:

Association (“Private not-for-profit”)Association (“Private not-for-profit”) Municipal Municipal School DistrictSchool District Special DistrictSpecial District

Association LibrariesAssociation Libraries

Oldest and Most PrevalentOldest and Most Prevalent Private not-for-profit 501(c)(3) Private not-for-profit 501(c)(3)

organizationsorganizations Applicable LawsApplicable Laws Critical Aspects of Organization Critical Aspects of Organization

Typical Service AreasTypical Service Areas Board MembershipBoard Membership Budgets & TaxesBudgets & Taxes Capital ProjectsCapital Projects

Municipal LibrariesMunicipal Libraries EstablishmentEstablishment ““Public” nature and applicable lawsPublic” nature and applicable laws Relationship with municipalityRelationship with municipality Critical Aspects of Organization Critical Aspects of Organization

Typical Service AreasTypical Service Areas Board MembershipBoard Membership Budgets & TaxesBudgets & Taxes Capital ProjectsCapital Projects

School District Public School District Public LibrariesLibraries

Establishment by communityEstablishment by community ““Public” nature and applicable lawsPublic” nature and applicable laws Legal structure and independence Legal structure and independence

from School Districtfrom School District Critical Aspects of Organization Critical Aspects of Organization

Service AreaService Area Board MembershipBoard Membership Budgets & TaxesBudgets & Taxes Capital ProjectsCapital Projects

Special District LibrariesSpecial District Libraries

Establishment and definition of Establishment and definition of “Special District”“Special District”

““Public” nature and applicable lawsPublic” nature and applicable laws Critical Aspects of Organization Critical Aspects of Organization

Typical Service AreasTypical Service Areas Board MembershipBoard Membership Budgets & TaxesBudgets & Taxes Capital ProjectsCapital Projects

Public library districtsPublic library districts

A public library district is any library that:

Obtains a substantial amount of its Obtains a substantial amount of its operating budget through direct public operating budget through direct public vote.vote.

Has a board of trustees that is elected by Has a board of trustees that is elected by eligible voters within the library’s service eligible voters within the library’s service area.area.

www.nysl.nysed.gov/libdev/libs/pldtools/index.html

Governing LawsGoverning Laws

Public Library Law in New York State:Public Library Law in New York State:

www.nyla.org/images/nyla/files/www.nyla.org/images/nyla/files/Public_Library_Law.pdfPublic_Library_Law.pdf

Edited by Robert Allan Carter

www.nysl.nysed.gov/libdev/excerpts/www.nysl.nysed.gov/libdev/excerpts/index.htmlindex.html

Education Law – Critical Education Law – Critical SectionsSections

Section 216 – ChartersSection 216 – Charters Section 226 – Powers & Duties of TrusteesSection 226 – Powers & Duties of Trustees

Officers, Composition and QuorumOfficers, Composition and Quorum Staff appointments & salariesStaff appointments & salaries Control of PropertyControl of Property Vacancies & removalVacancies & removal

Section 253 – Definition of a Public LibrarySection 253 – Definition of a Public Library Section 254 – StandardsSection 254 – Standards Section 255 – EstablishmentSection 255 – Establishment

Education LawEducation Law, , continuedcontinued

Section 259 – TaxationSection 259 – Taxation ““Continuing Appropriation”Continuing Appropriation” Receipt and Segregation of Library fundsReceipt and Segregation of Library funds ““Chapter 414” processChapter 414” process

Sec. 260 – Powers of Trustees; Sec. 260 – Powers of Trustees; school school

district district library authoritylibrary authority Separate budget and trustee voteSeparate budget and trustee vote ““Requiring” School District to Bond ConstructionRequiring” School District to Bond Construction

Sec. 272 – Library SystemsSec. 272 – Library Systems

Critical Laws for all Public Critical Laws for all Public LibrariesLibraries

Open Meetings LawOpen Meetings Law Ed Law 260aEd Law 260a

Labor LawLabor Law Collective BargainingCollective Bargaining Hour & WageHour & Wage SafetySafety

Laws for “Public” Laws for “Public” InstitutionsInstitutions

General Municipal LawGeneral Municipal Law Bidding and ProcurementBidding and Procurement

www.p12.nysed.gov/mgtserv/purchasingwww.p12.nysed.gov/mgtserv/purchasing Conflicts of InterestConflicts of Interest

Labor LawLabor Law Taylor Law Taylor Law ““Wicks” LawWicks” Law

Laws for “Public” Institutions,Laws for “Public” Institutions,

continuedcontinued

Public Officers LawPublic Officers Law Oath of OfficeOath of Office IndemnificationIndemnification Open MeetingsOpen Meetings Freedom of Information Law (FOIL)Freedom of Information Law (FOIL)

Civil Service LawCivil Service Law Section 75Section 75

Commissioner’s Commissioner’s RegulationsRegulations

Authorized to establish regulations to Authorized to establish regulations to implement lawimplement law

Most “Popular”Most “Popular” Minimum Standards – CR 90.2Minimum Standards – CR 90.2 Requirements for Library Directors – 90.8Requirements for Library Directors – 90.8 State Aid and Annual Reports – CR 90.9State Aid and Annual Reports – CR 90.9 Public Library Systems – 90.3Public Library Systems – 90.3

““Free” Direct Access – 90.3 (d)Free” Direct Access – 90.3 (d)

Library PoliciesLibrary Policies

Policies are the rules of the Library.Policies are the rules of the Library.

Policies should be developed thoughtfully Policies should be developed thoughtfully and revised regularly.and revised regularly.

Policies provide you and the library with Policies provide you and the library with legal protection.legal protection.

Policies are useless unless you and your Policies are useless unless you and your patrons know thempatrons know them..

Trustee EthicsTrustee Ethics Conflicts of Interest Conflicts of Interest

General Municipal Law; Sec. 800General Municipal Law; Sec. 800 ““no officer or employee shall have an no officer or employee shall have an

interest in any contract with the municipality interest in any contract with the municipality of which he is an officer or employee…”of which he is an officer or employee…”

The “appearance” of conflict;The “appearance” of conflict; Inclusion of family members;Inclusion of family members; ““Free” services prohibited.Free” services prohibited.

Application to Association LibrariesApplication to Association Libraries

Trustee Information Trustee Information ResourcesResources

NYS Trustee Handbook – general responsibilities: NYS Trustee Handbook – general responsibilities: www.nysl.nysed.gov/libdev/pltrust/handbook/index.htmlwww.nysl.nysed.gov/libdev/pltrust/handbook/index.html

Library Trustees Association of New York State (LTA): Library Trustees Association of New York State (LTA): www.librarytrustees.org/www.librarytrustees.org/

Commissioner’s Decisions Commissioner’s Decisions www.counsel.nysed.gov/Decisionswww.counsel.nysed.gov/Decisions

Comptroller’s Opinions Comptroller’s Opinions www.osc.state.ny.us/legal/index.htmwww.osc.state.ny.us/legal/index.htm

NYS Attorney General’s Opinions: NYS Attorney General’s Opinions: www.ag.ny.gov/appeals-and-www.ag.ny.gov/appeals-and-opinions/subject-indexopinions/subject-index

Committee on Open Government: www.dos.ny.gov/coog/index.htmlCommittee on Open Government: www.dos.ny.gov/coog/index.html Division of Library Development: Division of Library Development: www.nysl.nysed.gov/libdev/www.nysl.nysed.gov/libdev/

Basic Library Law for TrusteesBasic Library Law for TrusteesA Webinar sponsored by the New York State A Webinar sponsored by the New York State

Division of Library Development and theDivision of Library Development and theLibrary Trustees Association of New York StateLibrary Trustees Association of New York State

November 8, 2013November 8, 2013

`

Presented by:Presented by: Jerry Nichols, Director, Palmer Institute for Public Library Jerry Nichols, Director, Palmer Institute for Public Library Organization and Management; Palmer School of Library and Information ScienceOrganization and Management; Palmer School of Library and Information Science

Long Island University; LIU Post.Long Island University; LIU Post.