Legal issues for librarians

Slideshow developed for the Vermont Department of Libraries

by Rob Geiszler

Library Incorporation

• 22 VSA Chapter 3 (Public Libraries)• § 67. Public libraries; statement of policy; use of facilities and resources

(a) The general assembly declares it to be the policy of the state of Vermont that free public libraries are essential to the general enlightenment of citizens in a democracy and that every citizen of the state of Vermont should have access to the educational, cultural, recreational, informational and research benefits of a free public library.

• § 101 et. seq. gives the requirements for establishment, as well as the authority and responsibilities of trustees

• Online copy of “the Law of Public Libraries” available at: http://libraries.vermont.gov/libraries/librarylaw

Municipal Libraries

§ 141. Establishment and maintenance

(a) A municipality may establish and maintain for the use of its residents public libraries.

(b) A municipality may provide library services to the residents of other municipalities, upon terms to be agreed upon, and may annually contract with a library or library corporation to furnish library materials to its residents free of charge and may appropriate money for that purpose and may annually appropriate money for the maintenance, care, increase and support of a library held in trust for the residents of the municipality. (Amended 1989, No. 28, § 10.)

Municipal Libraries – Who has the power?

• Library Board v. Selectboard – appropriations• Library Board v. Selectboard – operations• Hartford Board of Library Trustees v. Town of

Hartford 174 Vt. 598, 816 A.2d 512, 2002

Department of Libraries Standards for Public Libraries

• Minimum Standards for Public Libraries have the force of law (adopted under the Vermont APA (3 V.S.A. Chapter 25) http://dol.state.vt.us/GOPHER_ROOT5/LIBRARIES/standards/stforms.html

• Certification guidelines for Public Librarians http://dol.state.vt.us/GOPHER_ROOT5/LIBRARIES/MISC/cert_guidelines.HTML

The Value of Incorporation (and acting within the scope of your authority.)

• Regardless of type protection of the corporate shell

• Insure that bylaws are followed• 12 VSA § 5782. Libraries• A person employed by a library with or without compensation

shall not be held personally liable for damages resulting from:

– (1) information contained in any library materials; or

– (2) library services provided to library patrons in the course of his or her duties. (Added 1989, No. 28, § 3.)

A Corollary to 12 VSA § 5782

• 12 VSA 5781• Nonprofit organizations

• A person who serves without compensation as a director, officer or trustee of a nonprofit organization qualified as tax-exempt under section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, shall not be held personally liable for damages resulting from:

• (1) any act or omission within the scope of the person's official functions or duties which is done in good faith, unless it constitutes gross negligence or an intentional tort; however, this subsection shall not protect a person from liability for damages which result from the operation of a motor vehicle;

• (2) any act or omission of an employee of the nonprofit organization; or

• (3) any act or omission of another director, officer or trustee. (Added 1987, No. 45, eff. May 13, 1987.)

Which brings us to §501(c)(3) of the Internal Revenue Code

• What is §501(c)(3)?

• Who can apply? Can a municipal library apply?

• What's the process?

• Why bother? Three benefits:– -

– -

– -

• Where can I get information?– http://www.stayexempt.org– Publication 557

Confidentiality

• 22 VSA §171– (2) "Patron registration records" means library records that contain

information a library patron must provide in order to be eligible for borrowing privileges at a library.

– (3) "Patron transaction records" means library records that contain names or other personal identifying information that discloses an individual's activities within a library, including the materials that have been viewed in print or electronic form, research questions posed, materials in any format that the patron has requested through interlibrary loan or has borrowed, or any other library service or consultation that the patron has requested. (Added 2007, No. 129 (Adj. Sess.), § 1.)

Confidentiality• 22 VSA §172 Library record confidentiality;

exemptions (a) A library's patron registration records and patron transaction records shall remain

confidential.

(b) Unless authorized by other provisions of law, the library's officers, employees, and volunteers shall not disclose the records except:

(1) with the written permission of the library patron to whom the records pertain;

(2) to officers, employees, volunteers, and agents of the library to the extent necessary for library administration purposes;

(3) in response to an authorized judicial order or warrant directing disclosure;

(4) to custodial parents or guardians of patrons under age 16;

(5) to the custodial parents or guardians of a student, in accordance with the federal Family Education Rights and Privacy Act ...

Confidentiality

• 22 VSA §173 Right of patron action– Any person whose confidential patron registration records or patron

transaction records have been disclosed, except as provided in this chapter, is authorized to bring a civil action against the library that disclosed the records. (Added 2007, No. 129 (Adj. Sess.), § 1.)

Open Meeting Law

• 1 VSA § 312 Notice requirements– http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=01&Chapter=005&Section=00312

• 1 VSA § 313 Executive Sessions– http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=01&Chapter=005&Section=00313

Public Records Law

1 V.S.A. § 315 et. seq. 1 V.S.A. § 317. Definitions; public agency; public records and documents(a) As used in this subchapter, "public agency" or "agency" means any agency, board,

department, commission, committee, branch, instrumentality, or authority of the state or any agency, board, committee, department, branch, instrumentality, commission, or authority of any political subdivision of the state.

(b) As used in this subchapter, "public record" or "public document" means all papers, documents, machine readable materials, or any other written or recorded matters, regardless of their physical form or characteristics, that are produced or acquired in the course of agency business. Individual salaries and benefits of and salary schedules relating to elected or appointed officials and employees of public agencies shall not be exempt from public inspection and copying. Subsection (b) effective June 30, 2007;

(c) (c) The following public records are exempt from public inspection and copying: …(19) records relating to the identity of library patrons or the identity of library patrons in regard to the circulation of library materials;

Good Samaritan Law

12 V.S.A. § 519: Emergency Medical Care (a) A person who knows another is exposed to grave physical harm shall,

to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.

(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his actions constitute gross negligence or unless he will receive or expects to receive remuneration.Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his practice.

(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00

Copyright

• Copyright Act - 17 USC Chapter 1• Digital Millennium Copyright Act -- Public

Law 105-304 (1998), added a new Chapter 12 to title 17 United States Code

• Librarians’ Liability

Americans with Disabilities Act

• 42 USC 12101 et. seq.• Help is available:

http://www.usdoj.gov/crt/ada/adahom1.htm• Excellent overview from:

http://www.usdoj.gov/crt/ada/cguide.pdf• Call 800-514-0301 (voice)

800-514-0383 (TDD)

Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act

• PUBLIC LAW - 107§56 (October 26, 2001)

• No longer applies directly to libraries• National Security Letters

– No court supervision– Gag orders– Call ALA hotline: 800-545-2433 x 4222 , say “I

need a lawyer.”

Common Law Requirements

• Duty of Care – ordinary duty• Unattended Children?• Fiduciary requirements (handling money)• And more