1. Basic Library Law for Trustees A Webinar sponsored by the New York State Division of Library Development and the Library Trustees Association of New York State November 8, 2013 ` Presented by: Jerry Nichols, Director, Palmer Institute for Public Library Organization and Management; Palmer School of Library and Information Science Long Island University; LIU Post.

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

3. Workshop Objectives Explore the legal basis for public libraries; Explore the legal basis for public libraries; Understand the legal and ethical responsibilities of trustees; Understand the legal and ethical responsibilities of trustees; Provide resources for further review. Provide resources for further review.

4. Topics Core Values Core Values Legal Structure of Public Libraries Legal Structure of Public Libraries The Laws and Regulations that you should know The Laws and Regulations that you should know

5. Your Responsibilities as a Library Trustee ■ To provide your community with the best possible library service at a reasonable cost; ■ To understand that the library is an essential educational institution in your community; ■ To comply with the law and meet state standards; ■ To promote good governance; ■ To protect the Library, its staff and its assets; ■ To utilize professional consultants wisely.

6. Typical Legal Issues Labor Issues: Labor Issues: Collective Bargaining Collective Bargaining Grievances/Termination Grievances/Termination Public Bidding Public Bidding Construction/Automation Contracts Construction/Automation Contracts Real Estate Transactions Real Estate Transactions Capital Finance Capital Finance Negligence Suits (Slip & Fall) Negligence Suits (Slip & Fall) Article 78 Proceedings Article 78 Proceedings

7. Core Values Intellectual Freedom Intellectual Freedom “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” 1 st 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 www.nyla.org/max/4DCGI/cms/review.html?Action=CMS_Document&DocID =860&MenuKey=career www.nyla.org/max/4DCGI/cms/review.html?Action=CMS_Document&DocID =860&MenuKey=career www.nyla.org/max/4DCGI/cms/review.html?Action=CMS_Document&DocID =860&MenuKey=career Access Access www.ada.gov www.ada.gov www.ada.gov Confidentiality of Library Records Confidentiality of Library Records N.Y. Civil Practice Laws and Rules Sec.4509; 2307 N.Y. Civil Practice Laws and Rules Sec.4509; 2307 www.ala.org/offices/oif/iftoolkits/toolkitsprivacy/default www.ala.org/offices/oif/iftoolkits/toolkitsprivacy/default www.ala.org/offices/oif/iftoolkits/toolkitsprivacy/default

8. The Library as a Corporation Educational Corporations Educational Corporations www.counsel.nysed.gov/pamphlet9/home.html www.counsel.nysed.gov/pamphlet9/home.html www.counsel.nysed.gov/pamphlet9/home.html The Board of Regents The Board of Regents www.regents.nysed.gov www.regents.nysed.gov www.regents.nysed.gov State Education Department State Education Department www.nysed.gov www.nysed.gov www.nysed.gov Commissioner of Education Commissioner of Education www.oms.nysed.gov/orgchart/ www.oms.nysed.gov/orgchart/ www.oms.nysed.gov/orgchart/ State Librarian/ New York State Library State Librarian/ New York State Library www.nysl.nysed.gov www.nysl.nysed.gov www.nysl.nysed.gov

9. Critical Documents Provisional and Permanent Charters Provisional and Permanent Charters Registration Registration By-Laws By-Laws Policies Policies Minutes Minutes Audits Audits Contracts & Other Legal Documents Contracts & Other Legal Documents

10. By-Laws and Charter The B y-Laws are the rules and procedures by which the Board of Trustees functions. The B y-Laws are the rules and procedures by which the Board of Trustees functions. The C harter is a legal document from the Board of Regents that incorporates the library, making it an education corporation that must meet certain standards of operation ( Registration). The C harter is a legal document from the Board of Regents that incorporates the library, making it an education corporation that must meet certain standards of operation ( Registration). The By-Laws must be consistent with the current Charter, Education Law and the Education Commissioner's Regulations. The By-Laws must be consistent with the current Charter, Education Law and the Education Commissioner's Regulations.

11. Types of Public Libraries Lack of Constitutional Provisions Lack of Constitutional Provisions Who establishes public libraries? Who establishes public libraries? Public vs. Private Public vs. Private Four Types of Public Libraries: Four Types of Public Libraries: Association (“Private not-for-profit”) Association (“Private not-for-profit”) Municipal Municipal School District School District Special District Special District

12. Association Libraries Oldest and Most Prevalent Oldest and Most Prevalent Private not-for-profit 501(c)(3) organizations Private not-for-profit 501(c)(3) organizations Applicable Laws Applicable Laws Critical Aspects of Organization Critical Aspects of Organization Typical Service Areas Typical Service Areas Board Membership Board Membership Budgets & Taxes Budgets & Taxes Capital Projects Capital Projects

13. Municipal Libraries Establishment Establishment “Public” nature and applicable laws “Public” nature and applicable laws Relationship with municipality Relationship with municipality Critical Aspects of Organization Critical Aspects of Organization Typical Service Areas Typical Service Areas Board Membership Board Membership Budgets & Taxes Budgets & Taxes Capital Projects Capital Projects

14. School District Public Libraries Establishment by community Establishment by community “Public” nature and applicable laws “Public” nature and applicable laws Legal structure and independence from School District Legal structure and independence from School District Critical Aspects of Organization Critical Aspects of Organization Service Area Service Area Board Membership Board Membership Budgets & Taxes Budgets & Taxes Capital Projects Capital Projects

15. Special District Libraries Establishment and definition of “Special District” Establishment and definition of “Special District” “Public” nature and applicable laws “Public” nature and applicable laws Critical Aspects of Organization Critical Aspects of Organization Typical Service Areas Typical Service Areas Board Membership Board Membership Budgets & Taxes Budgets & Taxes Capital Projects Capital Projects

16. Public library districts A public library district is any library that:  Obtains a substantial amount of its operating budget through direct public vote.  Has a board of trustees that is elected by eligible voters within the library’s service area.   www.nysl.nysed.gov/libdev/libs/pldtools/index.html www.nysl.nysed.gov/libdev/libs/pldtools/index.html

17. Governing Laws Public Library Law in New York State: www.nyla.org/images/nyla/files/Public_Library_Law.pdf www.nyla.org/images/nyla/files/Public_Library_Law.pdf www.nyla.org/images/nyla/files/Public_Library_Law.pdf Edited by Robert Allan Carter www.nysl.nysed.gov/libdev/excerpts/index.html www.nysl.nysed.gov/libdev/excerpts/index.html www.nysl.nysed.gov/libdev/excerpts/index.html

18. Education Law – Critical Sections Section 216 – Charters Section 216 – Charters Section 226 – Powers & Duties of Trustees Section 226 – Powers & Duties of Trustees Officers, Composition and Quorum Officers, Composition and Quorum Staff appointments & salaries Staff appointments & salaries Control of Property Control of Property Vacancies & removal Vacancies & removal Section 253 – Definition of a Public Library Section 253 – Definition of a Public Library Section 254 – Standards Section 254 – Standards Section 255 – Establishment Section 255 – Establishment

19. Education Law, continued Section 259 – Taxation Section 259 – Taxation “Continuing Appropriation” “Continuing Appropriation” Receipt and Segregation of Library funds Receipt and Segregation of Library funds “Chapter 414” process “Chapter 414” process Sec. 260 – Powers of Trustees; school district library authority Sec. 260 – Powers of Trustees; school district library authority Separate budget and trustee vote Separate budget and trustee vote “Requiring” School District to Bond Construction “Requiring” School District to Bond Construction Sec. 272 – Library Systems Sec. 272 – Library Systems

20. Critical Laws for all Public Libraries Open Meetings Law Open Meetings Law Ed Law 260a Ed Law 260a Labor Law Labor Law Collective Bargaining Collective Bargaining Hour & Wage Hour & Wage Safety Safety

21. Laws for “Public” Institutions General Municipal Law General Municipal Law Bidding and Procurement Bidding and Procurement www.p12.nysed.gov/mgtserv/purchasing www.p12.nysed.gov/mgtserv/purchasing www.p12.nysed.gov/mgtserv/purchasing Conflicts of Interest Conflicts of Interest Labor Law Labor Law Taylor Law Taylor Law “Wicks” Law “Wicks” Law

22. Laws for “Public” Institutions, continued Public Officers Law Public Officers Law Oath of Office Oath of Office Indemnification Indemnification Open Meetings Open Meetings Freedom of Information Law (FOIL) Freedom of Information Law (FOIL) Civil Service Law Civil Service Law Section 75 Section 75

23. Commissioner’s Regulations Authorized to establish regulations to implement law Authorized to establish regulations to implement law Most “Popular” Most “Popular” Minimum Standards – CR 90.2 Minimum Standards – CR 90.2 Requirements for Library Directors – 90.8 Requirements for Library Directors – 90.8 State Aid and Annual Reports – CR 90.9 State Aid and Annual Reports – CR 90.9 Public Library Systems – 90.3 Public Library Systems – 90.3 “Free” Direct Access – 90.3 (d) “Free” Direct Access – 90.3 (d)

24. Library Policies  Policies are the rules of the Library.  Policies should be developed thoughtfully and revised regularly.  Policies provide you and the library with legal protection.  Policies are useless unless you and your patrons know them.

25. Trustee Ethics Conflicts of Interest Conflicts of Interest General Municipal Law; Sec. 800 General Municipal Law; Sec. 800 “no officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee…” “no officer or employee shall have an interest in any contract with the municipality 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 Libraries Application to Association Libraries

26. Trustee Information Resources NYS Trustee Handbook – general responsibilities: www.nysl.nysed.gov/libdev/pltrust/handbook/index.html NYS Trustee Handbook – general responsibilities: www.nysl.nysed.gov/libdev/pltrust/handbook/index.html www.nysl.nysed.gov/libdev/pltrust/handbook/index.html Library Trustees Association of New York State (LTA): www.librarytrustees.org/ Library Trustees Association of New York State (LTA): www.librarytrustees.org/ www.librarytrustees.org/ Commissioner’s Decisions www.counsel.nysed.gov/Decisions Commissioner’s Decisions www.counsel.nysed.gov/Decisionswww.counsel.nysed.gov/Decisions Comptroller’s Opinions www.osc.state.ny.us/legal/index.htm Comptroller’s Opinions www.osc.state.ny.us/legal/index.htmwww.osc.state.ny.us/legal/index.htm NYS Attorney General’s Opinions: www.ag.ny.gov/appeals-and- opinions/subject-index NYS Attorney General’s Opinions: www.ag.ny.gov/appeals-and- opinions/subject-indexwww.ag.ny.gov/appeals-and- opinions/subject-indexwww.ag.ny.gov/appeals-and- opinions/subject-index Committee on Open Government: www.dos.ny.gov/coog/index.html Committee on Open Government: www.dos.ny.gov/coog/index.htmlwww.dos.ny.gov/coog/index.html Division of Library Development: www.nysl.nysed.gov/libdev/ Division of Library Development: www.nysl.nysed.gov/libdev/www.nysl.nysed.gov/libdev/

27. Basic Library Law for Trustees A Webinar sponsored by the New York State Division of Library Development and the Library Trustees Association of New York State November 8, 2013 ` Presented by: Jerry Nichols, Director, Palmer Institute for Public Library Organization and Management; Palmer School of Library and Information Science Long Island University; LIU Post.