City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, September 17, 2018 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. Public Safety 1 Explosives Detection Canine Team Grant AC Seber 2 CR Hispanic Heritage Month John Mootooveren 3 Final Review - Amend Chapter 92 re: Public Safety Foundation Rachael Ward City Development & Planning 1 Endorsement of BNI Application to NYS Homes and Community Renewal James Flacke 2 2017 Consolidated Annual Performance and Evaluation Report (CAPER) Kristin Diotte 3 Sale of 18 Close Street Rachael Ward 4 Sale of 1005 Davis Terrace Rachael Ward Finance 1 Standard Workday Council Members Chuck Thorne 2 CPH Budget Anthony Ferarri Government Operations 1 CR COCOA House 10th Anniversary Leesa Perazzo Administrative Efficiency 1 Adoption of the NYS Model Sexual Harassment Prevention Policy Ed Kosiur  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety MEETING DATE: 9/17/2018 TO: COUNCILMEMBERS FROM: John Mootooveren SUBJECT: CR Hispanic Heritage Month Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety MEETING DATE: 9/17/2018 TO: COUNCILMEMBERS FROM: Rachael Ward SUBJECT: Final Review - Amend Chapter 92 re: Public Safety Foundation Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE No.: 2018- Councilmember offered the following: An ORDINANCE to Amend Chapter 92 of the Code of the City of Schenectady Regarding the creation of the Public Safety Foundation BE IT ENACTED by the Council of the City of Schenectady, in regular meeting convened, Chapter 92 shall be amended as follows: Article VIII, Public Safety Foundation 92.21. Establishment There is hereby established a Public Safety Foundation to assist in community outreach while also aiding in the financial and moral support of the Schenectady Police and Fire Departments. The Public Safety Foundation will fundraise, receive charitable donations and apply for and receive grants that will strengthen their departments and increase civic engagement. The Public Safety Foundation is created to further education and outreach within the community. 92.22 Membership A. The Public Safety Foundation shall consist of seven (7) individual members and five (5) ex officio members consisting of the Mayor, Schenectady City Council Public Safety Chairperson, Schenectady Police Chief, Schenectady Fire Chief, and Public Safety Commissioner for the City of Schenectady. It shall be a goal that the seven ex officio members would serve in an advisory capacity. B. The board members of the Public Safety Foundation shall be appointed as follows: two (2) board members selected by the Mayor, two (2) board members selected by the Schenectady Police Chief, two (2) board members selected by the Schenectady Fire Chief, and one (1) board member selected by the City Council Public Safety Chairperson. C. The Foundation may sponsor and establish such other subsidiary memberships as it may find desirable and necessary, on such terms as it may decide, for general, associate, or youth membership in the foundation. All other such memberships shall be non-voting. 92.23 Terms of office; compensation A. Each board member appointed shall serve a term of two years starting on the 1st of the month after their appointment they are appointed and running for 24 months B. Members of the foundation shall serve without compensation for such service unless the Schenectady City Council shall provide otherwise. C. Members of the foundation may be removed by a majority vote of the advisory board for missing three consecutive meetings of the Foundation without justification or excuse communicated to the Chairperson. 92.24 Officers, rules and regulations A. The Mayor shall appoint the initial Chairperson. B. A Vice Chairperson, Treasurer, and Secretary must be appointed by the Board. C. The Foundation shall have the authority to promulgate its own rules and regulations where the same are not inconsistent with this Chapter. 92.25 Quorum A. A quorum for the conduct of the lawful business of the foundation shall be a majority of the current appointed members of the Foundation; in other words, four of the seven appointed board members must be present to conduct lawful business. B. All actions and decisions of the Foundation may be by a simple majority vote of the members, both appointed and ex-officio, at a lawful meeting of the Foundation. 92.26 Expenses A. In June and December of every year, the Foundation shall advise the City Council of its efforts. The Chairperson will present a budget that documents funds received and disbursements made from those funds. Such amounts may be allocated to specific activities, including but not limited to, supplies and training for police officers and firefighters, programs that would develop and improve wellness and morale of public safety officers, conferences for Public Safety Foundation officers and programs for youth or community development. B. The expenses of the Foundation shall be provided from the following sources: sums provided by the City of Schenectady through trust and agency accounts; sums provided by donations; and sums raised by fundraising activities sponsored by the Public Safety Foundation. All money received by the Foundation from any source shall be used solely for the purposes set out in this chapter and in furtherance of the Public Safety Foundation. Any money donated to the Foundation earmarked for a specific purpose shall be used only for that purpose. C. The Chairperson of the Foundation or his or her duly appointed designee and the Treasurer or his or her duly appointed designee must sign all city vouchers approving of an expenditure when such amounts are funded by a trust and agency account. 92.27 Powers The Foundation shall have the following powers: A. The Foundation is authorized to undertake fundraising activities for the purpose of raising revenue to promote the purpose of this Chapter. B. The Foundation may form a not-for-profit corporation under the authority of the New York State Not-for-Profit Corporation Law. C. The Foundation may use the services of Schenectady police officers and/or Schenectady firefighters with the prior approval of the Schenectady Police Chief or Schenectady Fire Chief respectively. 92.28 Severability The provisions of this chapter are severable and the invalidity of any part of this chapter shall not affect the validity of the rest of the chapter.  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety MEETING DATE: 9/17/2018 TO: COUNCILMEMBERS FROM: John Mootooveren SUBJECT: CR Hispanic Heritage Month Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning MEETING DATE: 9/17/2018 TO: COUNCILMEMBERS FROM: James Flacke SUBJECT: Endorsment of BNI Application to NYS Homes and Community Renewal Background Information: BNI and Home Leasing are submitting applications for funding of the Renaissance Square project, which will involve state and federal housing tax credits, state grant funding and private investment totaling nearly $19 million. We would sincerely appreciate your formal support by passage of a resolution that supports and recommends the project at the soonest possible time. Evaluation/Analysis: Resolution by the City Council endorsing Better Neighborhoods, Inc. in its applications with Home Leasing, LLC to New York State Homes and Community Renewal for State Housing Tax Credits and Community Investment Funds for the proposed Renaissance Square Housing Development, a historic preservation of the former St. Mary’s School and the mixed-use infill development on Schenectady’s Eastern Avenue. Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  [Official Letterhead of Municipality] Motion By: Seconded By: Resolution by the City Council endorsing Better Neighborhoods, Inc. in its applications with Home Leasing, LLC to New York State Homes and Community Renewal for State Housing Tax Credits and Community Investment Funds for the proposed Renaissance Square Housing Development, a historic preservation of the former St. Mary’s School and the mixed-use infill development on Schenectady’s Eastern Avenue. WHEREAS, Better Neighborhoods, Inc. and Home Leasing, LLC plan to seek investments from NYS Homes and Community Renewal and other sources to complete the Renaissance Square Housing Development; and WHEREAS, the development, will create high-quality, workforce housing in the Eastern Avenue Neighborhood, which has not had significant investment in housing in decades; and WHEREAS, the proposed funding will contribute to the preservation of the historic former St. Mary’s School and will involve the demolition of three vacant commercial structures on Eastern Avenue; and WHEREAS, this project is part of the City of Schenectady’s ongoing plan to revitalize the Eastern Avenue Corridor and the Eastern Avenue Neighborhood as set forth in the “City of Schenectady Comprehensive Plan 2020” as approved by this Legislative Body; and WHEREAS, the requests for funding of Renaissance Square will be strengthened through the endorsement of the City Council of the City of Schenectady. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Schenectady approves and endorses the construction of the Renaissance Square Housing Development proposed by Better Neighborhoods, Inc. and Home Leasing, LLC and hereby requests New York State Homes and Community Renewal to approve all funding requested for the completion of this project, including State and Federal Housing Tax Credits and Community Investment Funds. Passed by the following vote of all City Council Members voting in favor thereof: Affirmative [Governing Body] Members: Affirmative: # Negative: # Abstain: # I, [Clerk Name], do hereby certify that resolution [Number] was passed at a meeting of the City Council held on [Date], and is [incorporated in the original minutes of said meeting OR on file and of record], and that said resolution has not been altered, amended or revoked and is in full force and effect. Signature of Clerk [Official Seal of Municipality]  PUBLIC NOTICE CITY OF SCHENECTADY 2017 CONSOLIDATED PLAN ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) AVAILABILITY OF THE CITY OF SCHENECTADY’S 2017 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PUBLIC COMMENT AND NOTICE OF PUBLIC HEARING The intent of this notice is to inform citizens of the City of Schenectady that the City’s CAPER on the Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) and the Emergency Solutions Grant (ESG) programs for Fiscal Year 2017 is available for review and comment in the Department of Development (Room 14, City Hall) between the hours of 9:00 a.m. and 5:00 p.m. (Monday-Friday) before submission to the U.S. Department of Housing and Urban Development on September 29, 2017. A summary of the 2017 CAPER is available at www.cityofschenectady.com. Copies of the 2017 CAPER are also available for review at the Schenectady County Public Library (intersection of Liberty and Clinton Streets), in the City Clerk’s Office, Room 107, City Hall, at Hamilton Hill Arts Center, 409 Schenectady Street, and at the Schenectady Municipal Housing Authority, 375 Broadway. The CAPER evaluates the City’s annual CDBG, ESG and HOME program performance and includes information on activities undertaken with such funds and the status of the activities. A public hearing will be held on Monday, September 24, 2017 in Room 110, City Hall at 7:00 p.m. on the 2017 CAPER and on the performance of these programs. For more information on the 2017 CAPER and the public hearing please contact: Kristin Diotte Schenectady City Hall 105 Jay Street, Schenectady, NY 12305 (518) 382-5147 SUMMARY: 2017 Consolidated Annual Performance and Evaluation Report (CAPER) City of Schenectady, New York The 2017-2018 Federal Fiscal Year started July 1, 2017 and ended June 30, 2018. Previous to that start date the 2017-2018 Annual Action Plan (AAP) was adopted by City Council and accepted by HUD. When the AAP was adopted there were 40 Projects through 21 community organizations, 7 City Departments, and 2 outside municipalities (Troy and Colonie). The 41 projects range from community service projects working with children and homeless people to rehabbing and construction of affordable housing and Municipal improvements with Codes, Engineering and SNAP. The program year 2017 AAP is part of the 5-Year Consolidated Plan and both have accomplishments that are tracked every year. The expected and the actual outcomes for each the Consolidated Plan and the AAP show that the City is accomplishing what they have set out to do. The 2017 Program Year Expected Accomplishments were 9,768 and the Actual Accomplishments are 9,151. These numbers indicate the units that were measured per project. "Units" could mean houses, individuals, or any other measure that is in compliance with HUD regulations and National Objectives. Additional benefits were achieved in low/moderate income neighborhoods-at-large through public works projects such as the street paving program. To break down some of the accomplishments:  The properties cared for through code enforcement and foreclosure prevention was 290, where as 275 properties were expected to be assisted.  13 units of housing were assisted through Community Land Trust’s Restore Project, in the 2017 Action Plan. 13 units were expected to be assisted.  4.46 miles of streets were paved during the 2016-2017 year using CDBG funds As with all HUD funds the income of the households and individuals served indicated when the City is in compliance. With those households that were served by multiple programs the income break down is: Population Served CDBG Actual ESG Actual HOME Actual (Individuals) (Individuals) (Households) Extremely low-income 4,189 3,299 32 Low-income 849 0 4 Moderate-income 359 0 16 Non low to moderate income 113 0 0 Total 5,510 3,299 52 Finally the funding that was adopted by City Council and the spending as of the end of the Fiscal year is as follows: Source of Funds Resources Amount Expended of 2017 Total Spent In Program Year Available 2017 Allocations CDBG $ 2,083,054 $ 357,069.84 $ 1,676,670.46 HOME $ 451,197 $ 156,104 $ 331,451.95 ESG $ 186,143 $ 59,978.47 $ 128,970.44  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: September 13, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 18 Close Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: September 13, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1005 Davis Terrace Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Finance MEETING DATE: 9/17/2018 TO: COUNCILMEMBERS FROM: Chuck Thorne SUBJECT: Standard Workday Council Members Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: FINANCE DATE: SEPTEMBER 12, 2018 TO: City Council FROM: Anthony Ferrari SUBJECT: 2019 Budget – Call for Public Hearing TO BE PLACED ON COUNCIL AGENDA OF: September 24, 2018 Background Information: Pursuant to Section 36 of the Second Class Cities Law and Article VI of the Charter of the City of Schenectady, an Ordinance to approve and adopt the Proposed 2019 Operating Budget and any relevant Capital Budget needs to be adopted on or before November 1st, 2018. A Public Hearing is a necessary component of the proposal and adoption of the City’s Annual Budget. Evaluation/Analysis: The Mayor’s Proposed 2019 Budget, which will be delivered to City Council on or before October 1, 2018. The 2019 Budget will include Capital Projects and a budget for the following funds: General, Golf, Water and Sewer. It is proposed that the Call for Public Hearing request be addressed at the City Council’s September 17th Committee and September 24th Council meetings. If the Call for Public Hearing request is approved by the City Council at its September 24th Council Meeting, the Public Hearing would then be scheduled for and held on October 9th. Any comments received at such hearing would be considered at the City Council’s October 15th Committee Meeting and, with Council’s approval, the adoption of the 2019 Annual Budget would then be considered at the City Council’s October 22rd meeting. Recommendation: It is respectfully recommended that this Call for a Public Hearing on the 2019 Proposed Budget be approved and that such hearing be scheduled for October 9, 2018 .  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Government Operations MEETING DATE: 9/17/2018 TO: COUNCILMEMBERS FROM: Leesa Perazzo SUBJECT: CR COCOA House 10th Anniversary Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: Government Operations DATE: 9/12/2018 TO: Councilmembers FROM: Tiffany White, Personnel & Benefits Administrator SUBJECT: Updated Sexual Harassment Policy for the City of Schenectady TO BE PLACED ON COUNCIL AGENDA OF: September 24, 2018 Background Information: In early 2018, employers were informed of amendments to the NYS Labor Law, effective October 9, 2018, that will require employers to update their anti-sexual harassment policies, complaint forms, and training programs. Evaluation/Analysis: NYS has released a draft model as required by the Labor Law amendments. Recommendation: City Council adopts the NYS Model Sexual Harassment Prevention Policy. LEGISLATION WILL BE PREPARED BY_____LAW_____________________  City of Schenectady, New York Sexual Harassment Policy Effective September 2018 Introduction The City of Schenectady is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. The City of Schenectady has a zero- tolerance policy for any form of sexual harassment, and all employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of the City of Schenectady’s commitment to a discrimination-free work environment. Sexual harassment is against the law. All employees have a legal right to a workplace free from sexual harassment, and employees can enforce this right by filing a complaint internally with the City of Schenectady, or with a government agency or in court under federal, state or local antidiscrimination laws. Policy: 1. The City of Schenectady Policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business with the City of Schenectady. 2. Sexual harassment will not be tolerated. An employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action, up to and including termination. 3. Retaliation Prohibition: No person covered by this Policy shall be subject to adverse employment action including being discharged, disciplined, discriminated against, or otherwise subject to adverse employment action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. The City of Schenectady has a zero- tolerance policy for such retaliation against anyone who, in good faith complains or provides information about suspected sexual harassment. Any employee of the City of Schenectady who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure.  Any employee, paid or unpaid intern, or non-employee 1 working in the workplace who believes they have been subject to such retaliation should inform a supervisor, manager, or the Personnel and Benefits Administrator. Any employee, paid or unpaid intern or non-employee who believes they have been a victim of such retaliation may also seek compensation in other available forums, as explained below in the section on Legal Protections. 4. Sexual harassment is offensive, is a violation of our policies, is unlawful, and subjects the City of Schenectady to liability for harm to victims of sexual harassment. Harassers may also be individually subject to liability. Employees of every level, who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who knowingly allow such behavior to continue, will be penalized for such misconduct. 5. The City of Schenectady will conduct a prompt, thorough and confidential investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment. 6. All employees are encouraged to report any harassment or behaviors that violate this policy. The City of Schenectady will provide all employees a complaint form for employees to report harassment and file complaints. 7. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe to the Personnel and Benefits Administrator. 8. This policy applies to all employees, paid or unpaid interns, and non-employees and all must follow and uphold this policy. This policy must be posted prominently in all work locations and be provided to employees upon hiring. What is “Sexual Harassment”? Sexual harassment is a form of sex discrimination and is unlawful under 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 which is either of a sexual nature, or which is 1 A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure. directed at an individual because of that individual’s sex when: ● Such 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; ● Such conduct is made either explicitly or implicitly a term or condition of employment ● Submission to or rejection of such 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 which are of a sexual nature, or which are directed at an individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is called “quid pro quo” harassment. Any employee who feels harassed should complain so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy. Examples of sexual harassment The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited: ● Physical assaults of a sexual nature, such as: ∙ Touching, pinching, patting, grabbing, brushing against another employee’s body or poking another employee’s body; ∙ Rape, sexual battery, molestation, or attempts to commit these assaults. ● Unwanted sexual advances or propositions, such as: ∙ 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; ∙ Subtle or obvious pressure for unwelcome sexual activities. ● Sexually oriented gestures, noises, remarks, jokes, or comments about a person’s sexuality or sexual experience, which creates a hostile work environment. ● Sexual or discriminatory displays or publications anywhere in the workplace, such as: ∙ Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure.  or cellphones and sharing such displays while in the workplace. ● Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as: ∙ Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job: ∙ Sabotaging an individual’s work; ∙ Bullying, yelling, name-calling. Who can be a target of sexual harassment? Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. A perpetrator of sexual harassment can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor. Where can sexual harassment occur? Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises or not during work hours. What is “Retaliation’? Unlawful retaliation can be any action that would keep a worker 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. Such retaliation is unlawful under 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: ● filed a complaint of sexual harassment, either internal or with any anti- discrimination law; ● testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or anti-discrimination law; ● 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 Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure.  ● encouraged a fellow employee to report harassment. Reporting Sexual Harassment Preventing sexual harassment is everyone’s responsibility. The City of Schenectady cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or non-employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager or the Personnel and Benefits Administrator. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or the Personnel and Benefits Administrator. Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that is on another employee’s behalf. Employees, paid or unpaid interns or non-employees who believe they have been a victim of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections. Supervisory Responsibilities All supervisors and managers 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, are required to report such suspected sexual harassment to the Personnel and Benefits administrator. In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Supervisors and managers will also be subject to discipline for engaging in any retaliation. Complaint And Investigation of Sexual Harassment All complaints or information about suspected sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible. An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, and should be completed within 30 days. The investigation will be confidential to the extent possible. All persons involved, including complainants, witnesses and alleged perpetrators will be accorded due process to protect their rights to a fair and impartial investigation. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure. Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Employees who participate in any investigation will not be retaliated against. Investigations will be done in accordance with the following steps: ● Upon receipt or complaint, the Personnel and Benefits Administrator will conduct An immediate review of the allegations and take any interim actions, as appropriate. If complaint is oral, encourage the individual to complete the “Complaint Form” in writing. If he or she refuses, prepare a Complaint Form based on the oral reporting. ● If documents, emails or phone records are relevant to the allegations, take steps to obtain and preserve them. ● Request and review all relevant documents, including all electronic communications. ● Interview all parties involved, including any relevant witnesses: ● Create a written documentation of the investigation (such as a letter, memo or email), which contains the following: ∙ A list of all documents reviewed, along with a detailed summary of relevant documents; ∙ A list of names of those interviewed, along with a detailed summary of their statements; ∙ A timeline of events; ∙ A summary of prior relevant incidents, reported or unreported; and ∙ The final resolution of the complaint, together with any corrective actions action(s). ● Keep the written documentation and associated documents in the employer’s records. ● Promptly notify the individual who complained and the individual(s) who responded of the final determination and implement any corrective actions identified in the written document. ● Inform the individual who complained of their right to file a complaint or charge externally as outlined below. Legal Protections And External Remedies Sexual harassment is not only prohibited by the City of Schenectady but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at the City of Schenectady, employees may also choose to pursue legal remedies with the following governmental entities at any time. New York State Division of Human Rights (DHR) Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure. 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 or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with DHR or in New York State Supreme Court. Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state court. Complaining internally to the City of Schenectady does not extend your time to file with DHR or in a court. The one year or three years is counted from date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR. 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, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop harassment, or redress the damage caused, including paying monetary damages, attorney’s 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. Contact 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 DHR. The website also contains contact information to DHR’s regional offices across New York State. 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. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is a 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 hearing 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 Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure. 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, 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 to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr//html/home.shtml. Contact the Local Police Department If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti- harassment policy and procedure.  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety MEETING DATE: 9/17/2018 TO: COUNCILMEMBERS FROM: John Mootooveren SUBJECT: CR Hispanic Heritage Month Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc