Mayor & Board of Trustees

Village Board of Trustees Regular Meeting October 3, 2018 8:00 p.m. The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 3rd of October, 2018 commencing at 8:00 p.m. Present Lori A. Sullivan, Mayor Cesare DeRose, Jr. Deputy Mayor Kevin Hunt, Trustee Bryan Zirman, Trustee Also Present Philip Zegarelli, Village Manager Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Absent Mark L. Wilson, Trustee Pledge of Allegiance Appointment/Swearing in of Associate Village Justice Mayor Sullivan appointed and sworn in Stuart Halper as the Associate Village Justice to fill the unexpired term of Laurie Sullivan that will expire on April 1, 2019. She thanked him for stepping up to the plate and also thanked Laurie Sullivan for her many years of service. Board of Trustees Announcements by Trustee Zirman  The Annual Fire Inspection will be on October 20th.  The Library has many upcoming events and the Fall Brochure is available. Visit the website for more information.  The Recreation Fall Brochure is online. Please sign up for Recreation News.  Window Painting will be on October 20th.  The Ragamuffin Parade will be on October 27th at 9:30am.  Visit the Village website and sign up for weekly updates from the Village Manager. Village Managers Report by Village Manager Zegarelli 1  Con Edison should have their work completed over Route 9A. The Village is pushing to have the railings addressed.  The Pocantico River Bridge work is furloughed until the Spring.  The sidewalk by CSI is being replaced by the County.  The Village Paving Program will begin the week of October 15th.  The Westchester County Mobile Shredder will be in the Village on Sunday, October 14th. Mayor Sullivan stated the sidewalks would be replaced between Poplar and North State Roads in the early Spring. She stated the Board didn’t want to inconvenience the merchants in their upcoming busy season. Public Comments Mr. Steven Vescio of Old Briarcliff Road suggested price quotes be sought out for the replacement pumps discussed during the Work Session. Tax Certiorari – 1460 Pleasantville Road Upon motion by Trustee Hunt, seconded by Deputy Mayor DeRose, the Board voted unanimously to approve the following resolution: WHEREAS, Briarcliff Ventures LLC. (1460 Pleasantville Road) instituted tax certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York; and WHEREAS, the tax certiorari filings were for Town of Ossining assessment year 2016; and WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal year 2017-2018; and WHEREAS, a Consent Order of the Supreme Court of the State of New York, County of Westchester, was entered on August 14, 2018; WHEREAS, the Consent Order was received after the finalization of the approval of the Village budget for Fiscal Year 2017-2018; WHEREAS, the Consent Order reduced the tax assessment for the subject property for the Fiscal Year 2017-2018 assessment roll; and NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for Fiscal Year 2017-2018 in the amount of $807.38 based upon the reduced assessment values in the Consent Order. 2  New Reduced Assessed Assessed Assessment Original Tax Tax Year Address Value Value Reduction Amount Amount Refund Abatement 2016 1460 Pleasantville Rd $726,000 $580,000 $146,000 $4,014.78 $3,207.40 $807.38 TOTAL TOTAL AV REVENUE $807.38 REDUCTION REDUCTION Adoption of Amended Sexual Harassment Policy Upon motion by Deputy Mayor DeRose, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that Board of Trustees does hereby adopt the following policy subject to non-material changes agreed upon by Village Counsel and the Village Manager: VILLAGE OF BRIARCLIFF MANOR POLICY AGAINST WORKPLACE SEXUAL HARASSMENT Introduction The Village of Briarcliff Manor is committed to maintaining a workplace that is free from sexual harassment. Sexual harassment is a form of workplace discrimination. The Village has a zero-tolerance policy for any form of sexual harassment. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of the Village’s commitment to a discrimination-free work environment. Sexual harassment is against the law. All employees, applicants for employment, interns, non-employees (as defined below) and other persons conducting business with the Village have a legal right to a workplace that is free from sexual harassment. The Village is equally committed to maintaining a workplace that is free from other types of prohibited harassment. For more information, please see Section 903 “Harassment in the Workplace” in the Employee Handbook. Policy This Policy applies to all employees, applicants for employment, interns, non- employees (see definition below), and other persons conducting business with the Village (“covered individuals”) with respect to conduct by other persons. For purposes of this Policy, a “non-employee” is an independent contractor, agent or someone who is (or who is employed by) a contractor, subcontractor, vendor, consultant or anyone providing services in the workplace. Non-employees also include temporary workers, persons providing equipment repair, cleaning services or any other service pursuant to a contract, or other relationship with the Village. 3  All covered individuals must follow and uphold this Policy. Sexual harassment is a form of misconduct and will not be tolerated. Sexual harassment is offensive, a violation of the Village’s Policies, unlawful, and subjects the Village to liability for harm to victims of sexual harassment. Sexual harassers may also be individually subject to liability. Following receipt of a complaint about sexual harassment or of knowledge regarding possible sexual harassment that is occurring or has occurred, the Village will conduct a prompt, thorough and confidential investigation that ensures due process for all parties. Appropriate corrective action will be taken whenever sexual harassment is found to have occurred. What is “Sexual Harassment?” Sexual harassment is a form of sex discrimination and is unlawful pursuant to federal, State and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, gender identity and the status of being transgender. Sexual harassment includes unwelcome conduct that is of a sexual nature or that is directed at an individual because of his/her sex, sexual orientation, gender identity or transgender status when:  the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment;  the conduct is made either explicitly or implicitly a term or condition of employment; or  submission to or rejection of the conduct is used as the basis for employment decisions affecting an individual’s employment. A sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or physical violence that are of a sexual nature, or that are directed at an individual because of his/her sex, sexual orientation, gender identity or transgender status. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone that are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation or that interfere with his/her job performance. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. Job benefits may include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment. 4  Any covered individual who believes that he/she is being or has been sexually harassed should report the sexual harassment so that any violation of this Policy can be promptly corrected. Any sexually harassing conduct, even a single incident, can be addressed pursuant to this Policy. Examples of Sexual Harassment The following examples describe some of the types of acts that are strictly prohibited and that may constitute unlawful sexual harassment:  Physical assaults of a sexual nature including: o Touching, pinching, patting, grabbing, brushing against another person’s body or poking another person’s body; and o Rape, sexual battery, molestation or attempts to commit these assaults.  Unwanted sexual advances or propositions including: o Requests for sexual favors accompanied by implied or overt threats concerning the victim’s job performance evaluation, a promotion or other job benefits or detriments; and o Subtle or obvious pressure for unwelcome sexual activities.  Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience that creates a hostile work environment.  Sexual or discriminatory displays or publications anywhere in the workplace including: o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes displays on workplace computers, cell phones or other electronic devices and sharing these displays while in the workplace.  Hostile actions taken against an individual because of his/her sex, sexual orientation, gender identity or transgender status, including: o Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the person’s ability to perform the job; o Sabotaging a person’s work; and o Bullying, yelling or name-calling. 5 Who Can be a Target of Sexual Harassment? Sexual harassment can occur between or among any individuals, regardless of their sex or gender. New York Law protects covered individuals from sexual harassment. A perpetrator of sexual harassment can be a superior, a subordinate, a co-worker or anyone in the workplace including another covered individual or any other person, including a visitor. Where Can Sexual Harassment Occur? Unlawful sexual harassment is not limited to the physical workplace itself. It can also occur outside of the workplace while covered individuals are traveling for work or at employer-sponsored events, programs, activities or parties. Calls, texts, emails, and social media usage can constitute unlawful workplace harassment even if they occur away from the workplace premises or outside of work hours. Retaliation is Prohibited The Village has a zero-tolerance policy and will not tolerate coercion, intimidation, interference, retaliation or discrimination against anyone who, in good faith, complains, provides information or assists in an investigation of suspected sexual harassment as a witness or otherwise. What is “Retaliation”? Retaliation for reporting any perceived acts of unlawful sexual harassment or for otherwise being involved in a sexual harassment investigation will not be tolerated. Appropriate corrective action including, but not limited to, disciplinary action, termination of employment and/or termination of any contractual or other relationship with the Village will be implemented. No covered individual will be subject to adverse employment action(s) (e.g., being discharged, disciplined, discriminated against; etc.) because that person, in good faith, reports an incident of sexual harassment, provides information, or otherwise participates in any investigation of a sexual harassment complaint. Unlawful retaliation can be any action that would keep a covered individual from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation. Retaliation is unlawful pursuant to federal, State and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has, in good faith:  filed a complaint of sexual harassment, either internally or with any anti- discrimination agency;  testified or assisted in a proceeding involving sexual harassment pursuant to the Human Rights Law or other anti-discrimination law; 6   opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;  complained that another employee has been sexually harassed; or  encouraged a fellow employee to report sexual harassment. Any covered individual who believes that he/she has been subjected to any acts of retaliation for filing a sexual harassment complaint or assisting in an investigation in accordance with this Policy should immediately report that conduct to their Department Head. If the complaint involves or the individual is hesitant to report to their Department Head, the individual should inform the Village Manager. Any covered individual who believes that he/she has been subjected to prohibited retaliation may also seek legal remedies, as explained below in the section about Legal Protections. Reporting Sexual Harassment Preventing sexual harassment is everyone’s responsibility. The Village cannot prevent or remedy sexual harassment unless we know about it. All covered individuals are encouraged to report any behavior that may constitute sexual harassment in violation of this Policy to their Department Head. If the complaint involves or the individual is hesitant to report to their Department Head, the behavior should be reported to Village Manager. If the complaint involves or the individual is hesitant to report to the Village Manager, the individual is encouraged to report the behavior to the Village Clerk. Anyone who witnesses or becomes aware of a potential instance of sexual harassment should also report this behavior to one of the above individuals. Reports of sexual harassment may be made orally or in writing. A form for submission of a written complaint is attached to this Policy, and all covered individuals are encouraged to use this complaint form. If a covered individual reports sexual harassment on behalf of someone else, he/she should use the written complaint form and note that he/she is submitting the complaint on someone else’s behalf. Covered individuals who believe that they have been the subject of sexual harassment may also seek assistance as explained below in the section on “Legal Protections.” Supervisory Responsibilities All supervisors and Department Heads who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring or has occurred, are required to report that suspected sexual harassment to the Village Manager, irrespective of whether the affected individual files a complaint. If the complaint or information 7 involves the Village Manager, the supervisor/Department Head must report the suspected sexual harassment to the Village Clerk. In addition to potentially being subject to appropriate corrective action including, but not limited to, disciplinary action or termination of employment if they engage in sexually harassing conduct or retaliation themselves, supervisors and managers may be subject to appropriate corrective action including, but not limited to, disciplinary action or termination of employment for failing to report suspected sexual harassment or for otherwise knowingly allowing sexual harassment to continue. Complaint and Investigation of Sexual Harassment All complaints or information about suspected sexual harassment will be investigated, whether that information was reported in oral or written form. Investigations will be conducted in a timely manner. An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, and should be completed within 30 days from the date that the Village Manager, or other individual, as outlined above, is notified of a complaint or suspected problem. All persons involved, including complainants, witnesses and alleged perpetrators will be afforded due process to protect their rights to a fair and impartial investigation. All covered individuals, including supervisors and managers, may be required to cooperate as needed in an investigation of suspected sexual harassment to the extent permitted by law. Anyone who participates in an investigation will not be retaliated against for that reason. The following investigation procedure must be followed when there is any indication that sexual harassment has taken, or is taking, place:  Village Manager, or designee, will investigate all complaints of sexual harassment, except as otherwise outlined herein. Third parties may be designated to investigate a complaint or assist with any investigation.  Upon receipt of a complaint or report of suspected sexual harassment, the Village Manager, or designee, will conduct an immediate review of the allegations. If the complaint is oral, the Village Manager, or designee, will encourage the complainant or informant to complete the written complaint form, a copy of which is attached to this Policy. If he or she refuses, the Village Manager, or designee, will prepare a complaint form based on the oral reporting.  If documents, emails, phone records or other paper or electronic records are relevant to the allegations, the Village will take steps to obtain and preserve them.  The Village Manager, or designee, will request and review all relevant documents, including all electronic communications. 8   The Village Manager, or designee, will interview all parties involved, including any relevant witnesses.  The Village Manager, or designee, will create written documentation of the investigation that includes the following: o A list of all documents reviewed, along with a detailed summary of relevant documents; o A list of names of those interviewed, along with a detailed summary of their statements; o A timeline of events; o A summary of prior relevant incidents, reported or unreported; and o The final resolution of the complaint, together with any corrective actions.  The Village Manager, or designee, will maintain the written documentation and associated documents in the Village’s records in an independent and confidential file.  The Village Manager, or designee, will promptly notify the individual who complained and the alleged perpetrator of the final determination.  The Village Manager, or designee, will inform the individual who complained of his/her right to file a complaint or charge externally, as outlined below. Corrective Action Any person, including covered individuals of every level who, upon investigation of a sexual harassment complaint, is determined to have engaged in impermissible sexual harassment in violation of this Policy may be subject to appropriate corrective action including, but not limited to, disciplinary action or termination of employment. If the sexual harassment involves a non-employee or other individual, then other consequences may be implemented up to and including termination of any contractual or other relationship between the Village the non-employee or other individual. Confidentiality The confidentiality and privacy of all parties involved in a sexual harassment complaint, report of information regarding suspected sexual harassment and investigation of sexual harassment will be respected to the extent possible while permitting the Village to conduct a thorough investigation of the complaint or report and take appropriate corrective action as necessary. 9 Bad Faith Claims If, after investigating a complaint of sexual harassment, it is determined that a person has made a claim of sexual harassment in bad faith, or intentionally provided false information regarding a sexual harassment complaint, legal action or appropriate corrective action including, but not limited to, disciplinary action, termination of employment and/or termination of any contractual or other relationship with the Village may be taken against the person who filed the complaint or provided the information. Legal Protections and External Remedies Sexual harassment is not only prohibited by the Village, but it is also prohibited by State, federal and (where applicable) local law. Aside from the internal process at the Village covered individuals may also choose to pursue legal remedies with the following governmental entities at any time: New York State Division of Human Rights (DHR) The Human Rights Law (HRL), codified as N.Y. Executive Law, Art. 15, § 290 et seq., applies to employers in New York State with regard to sexual harassment and protects employees, paid and unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the DHR or in New York State Supreme Court. Complaints with the DHR may be filed any time within one year of the harassment. If an individual did not file at the DHR, they can sue directly in State court pursuant to the HRL within three years of the alleged harassment. An individual may not file with the DHR if they have already filed a HRL complaint in State court. Complaining internally to the Village does not extend your time to file with the DHR or in court. The one-year and three-year time periods outlined above are counted from the date of the most recent incident of harassment. You do not need an attorney to file a complaint with the DHR, and there is no cost to file. The DHR will investigate your complaint and determine whether there is probable cause to believe that discrimination has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination is found after a hearing, the DHR has the authority to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorneys’ fees and civil fines. DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400, www.dhr.ny.gov. The contact information for DHR’s Westchester County Office is: 7-11 South Broadway, Suite 314, White Plains, New York 10601, (914) 989-3120. Individuals can contact the DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to the DHR. The website also contains contact information for DHR’s regional offices across New York State. 10 United States Equal Employment Opportunity Commission (EEOC) The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. You do not need an attorney to file a complaint with the EEEOC and there is no cost to file. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court. The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. If an employee believes that he/she has been discriminated against at work, he/she can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1- 800-669-6820 (TTY)), visiting their website at www.eeoc.gov or via email at info@eeoc.gov. If an individual filed an administrative complaint with the DHR, the DHR will file the complaint with the EEOC to preserve the right to proceed in federal court. Local Protections Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live or work to find out if one or more of these laws exist. For example, anyone who lives or works in Westchester County may file complaints of sexual harassment with the Westchester County Human Rights Commission at: 112 East Post Road, 3rd Floor, White Plains, New York 10601, (914) 995-7710. Contact the Police Department If the sexual harassment involves physical touching, coerced physical confinement or coerced sexual acts, the conduct may constitute a crime and affected individuals should contact the police department. Dissemination and Training This Policy will be posted prominently in all work locations. The Village’s employees will be provided a copy of this Policy upon hire. The Village’s employees will receive sexual harassment prevention training at least annually. We trust that everyone will continue to act responsibly to establish a working environment free of sexual harassment. We encourage you at any time to raise any questions you may have about this Policy. SEXUAL HARASSMENT COMPLAINT FORM 11 If you believe that you have been subjected to sexual harassment, you are encouraged to complete this form and submit it to a supervisor, Department Head and/or the Village Manager. This form can be submitted by: e-mail, intra-office mail or hand delivery. Once you submit this form, the Village will follow its Policy Against Workplace Sexual Harassment and investigate any claims. If you are more comfortable reporting orally or in another manner, the Village will still follow its Policy Against Workplace Sexual Harassment by investigating the claims. For additional resources, visit: ny.gov/combatting-sexual-harassment COMPLAINANT INFORMATION Name:__________________________________________________________________ Home Address: ________________________ Work Address:_____________________ Home Phone: __________________________ Work Phone: _____________________ Job Title: _____________________________ Email: ___________________________ Select Preferred Communication Method:__________________ (please select one) SUPERVISORY INFORMATION Immediate Supervisor’s Name: ____________________________________________________ Title:___________________________________________________________________ Work Phone: __________________________ Work Address: ____________________ COMPLAINT INFORMATION 1. The complaint of Sexual Harassment is made against: Name: _______________________________Title:_________________________________ Work Address: ________________________ Work Phone:______________________ Relationship to you: ___ Supervisor ___ Subordinate ___ Co-Worker ___ Other 2. Please describe the conduct or incident(s) that is the basis of this complaint and your reasons for concluding that the conduct is sexual harassment. Please use additional sheets of paper if necessary and attach any relevant documents or evidence. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ________________________ 12 3. Date(s) sexual harassment occurred:_______________________________________ Is the sexual harassment continuing? ___ Yes ___ No 4. Please list the name and contact information of any witnesses or individuals that may have information related to your complaint: _______________________________________________________________________ _______________________________________________________________________ ____________________________________________________________ The last two questions are optional, but may help facilitate the investigation. 5. Have you previously complained or provided information (oral or written) about sexual harassment at the Village? ___ Yes ___ No If yes, when and to whom did you complain or provide information?_____________________________________________________________ _______________________________________________________________________ ____________ Employees who file complaints with their employer might have the ability to get help or file claims with other entities including federal, State or local government agencies or in certain courts. 6. Have you filed a claim regarding this complaint with a federal, State or local government agency? ___ Yes ___ No Have you instituted a legal suit or court action regarding this complaint? ___ Yes ___ No Have you hired an attorney with respect to this complaint? ___ Yes ___ No I request that the Village investigate this complaint of sexual harassment in a timely and confidential manner as outlined in its Policy Against Workplace Sexual Harassment and advise me of the results of the investigation. I hereby affirm that the information contained in this complaint is true and correct to the best of my knowledge, information and belief. Signature: __________________________ Date: __________________ Budget Amendment Upon motion by Trustee Zirman, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: 13 BE IT RESOLVED that the budget for fiscal year 2018-2019 is hereby amended as follows: WATER FUND FROM: F8120.211 General Repair & Maintenance $10,000 F1990.499 Contingency $20,000 TO: F8320.211 General Repair & Maintenance $30,000 Adjournment Upon motion by Trustee Hunt, seconded by Deputy Mayor DeRose, the Board voted unanimously to adjourn the meeting at 8:22pm. Respectfully Submitted By, Christine Dennett Village Clerk 14