Director Briefing - December 23, 2024

Ask the Lawyer from WNYLC

Ask The Lawyer is an excellent resource from the Western New York Library Resource Council. Here are a couple recent questions. I especially encourage everyone to read the RAQ below on checking materials out to minors, as it addresses a common question and offers clear and specific guidance.

Checking Materials Out to Children Without Parent's Permission

Question: We want to have a procedure that balances the rights of minors to read freely, with protection for our library against claims that we have checked out materials to children that the parent/guardian believes to be inappropriate. Are we overthinking this?

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… Read more .

Publishing a Library's Budget

Question: Are all public libraries required to publish their budgets online on their websites? Could you please provide the effective date of 8 CRR-NY 90.2?

Answer: These questions pertain to the state regulations governing public libraries, which have changed significantly in recent years. For context, here is the full legal citation hierarchy we are in… Read more .

Friends Donations Collected Through Library Programs

Question: A community member hosts a “free with donation” yoga class at our library, and attendees are encouraged to make a donation each class. These donations are collected by the yoga instructor who hands them to the circulation assistant and identifies it as a donation to the Friends of the Library organization. She keeps her receipts and totals the money each year, claiming these donations on her taxes as her contribution to a 501©3 organization (the Friends of the Library). So my question is, does this constitute as fraud in any way? If so, will this be problematic for the yoga instructor, the Friends of the Library, or the Library itself (municipality) for hosting the event?

Answer: This sounds like a lovely service to both the library and community, so I am going to make this answer as positive as possible… Read more .