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Trustee Information: Laws & Regulations

A resource collecting information to help library trustees explore their roles and responsibilities.

Overview

A library's charter holds its basic DNA.  The charter defines the type of library, service area, and size of the board.

A charter can be amended by submitting a charter amendment (and $60) to the New York State Library.

Beyond the charter, libraries are subject to laws and regulations from a variety of sources including:

Types of Public Libraries

A library's type is defined in its charter.  See the chart for the main differences.

Of the 42 libraries in 4CLS:

  • 22 are Association Libraries
  • 15 are Municipal Libraries
  • 5 are School District Public Libraries

Minimum Standards

The Commissioner of Education is empowered to create regulations governing public libraries.  

The Minimum Standards set a bar that must be met by all public libraries in New York State.

For information about the standards, see Helpful Information for Meeting Minimum Standards

The Standards

  1. is governed by written bylaws which define the structure and governing functions  of the library board of trustees; reviewed and re-approved at least once every five years or as required by changes in law or regulation;
  2. has a community-based, board-approved, written long-range plan of service developed by the library board and staff;
  3. provides a board-approved, written annual report to the community on the library's progress in meeting its mission, goals and objectives, as outlined in the library’s long-range plan of service;
  4. has board-approved written policies for the operation of the library, reviewed at least every five years or as required by law or regulation;
  5. annually prepares and publishes a board-approved, written budget, which enables the library to address the community’s needs, as outlined in the library’s long-range plan of service; to meet or exceed these standards and to carry out its long-range plan of service
  6. periodically evaluates the effectiveness of the library's programs, services and collections to address community needs, as outlined in the library’s long-range plan of service
  7. Is open the following scheduled hours: (see chart)
  8. maintains a facility that addresses community needs, as outlined in the library’s long range plan of service, including adequate space, lighting, shelving, seating, power and data infrastructure, and a public restroom;
  9. provides programming to address community needs, as outlined in the library’s longrange plan of service; (NEW)
  10. provides a circulation system that facilitates access to the local library collection and other library catalogs; provides equipment, technology, and internet connectivity to address community needs and facilitate access to information
  11. provides access to current library information in print and online, facilitating the understanding of library services, operations and governance; information provided online shall include items referenced under standards one through five
  12. Employs a paid director in accordance with the provisions of Commissioner’s Regulation 90.8 (see chart).
  13. provides library staff with annual technology training, appropriate to their position, to address community needs, as outlined in the library’s long-range plan of service; (NEW)
  14. establishes and maintains partnerships with other educational, cultural or community organizations which enable the library to address the community’s needs, as outlined in the library’s long-range plan of service. (NEW)

Waivers

Libraries with serious extenuating circumstances that prevent compliance with minimum standards may apply for a waiver.  The bar for receiving a waiver is quite high.  For more information, contact the system.

Volunteers

Volunteers and the Fair Labor Standards Act

Many libraries use volunteers.  To do so legally, keep these rules in mind.

Volunteers may NOT:

  • Replace or augment paid staff to do the work of paid staff
  • Do anything but tasks traditionally reserved for volunteers
  • Be required to work certain hours
  • Be required to perform duties involuntarily
  • Be paid for their services (except reimbursement for expenses)

Also-

  • A person who is a paid employee of such an organization may volunteer for that organization. However, the type of work they do as a volunteer must be completely different from the type of work they do as an employee.