TOWN BOARD Meeting Notes

Marion Municipal Room

Monday, August 26, 2019

A Town Board meeting of the Town of Marion, Wayne County, NY was held on

Monday, August 26, 2019 in the Marion Municipal Room.

PRESENT:         Nick Deming, Supervisor

Joan Fisher, Councilwoman

Ronald Lonneville, Councilman

Debbie Smith, Councilwoman

LaVerne Bliek, Councilman

 

ABSENT:

OTHERS IN ATTENDANCE:  Marty Aman, Wayne County Water & Sewer Authority; Beth Claypoole, Executive Director of the Wayne County Cornell Cooperative Extension; Duane Smeatin, Marion Code Enforcement Officer; Caryn Devlin, Marion Historian; Perry Howland, Williamson Record & Sun newspaper; Lonnie Levan; Kailey Kuhn; Alysha Kuhn; Jenna Kuhn; Theresa Kuhn; Rob Kuhn; Christina Ashley; Edna McKay; Jolene Bender; Kerry Sargent; Melissa Wood.

Supervisor Deming called the meeting to order at 6:30pm and asked for a roll call.

Councilman Lonneville started the Pledge of Allegiance.

Citizen Comments:

Beth Claypoole, Executive Director of Cornell Cooperative Extension – Wayne County Education Center, gave a presentation regarding The National Holstein Foundation Dairy Bowl.  Dairy Bowl is a 4-H program that teaches students about the dairy industry.  Dairy Bowl is a trivia program; questions are presented to the students and then the students buzz in with the answer.  There are 4 students on a team.  The Wayne-Ontario County Holstein Club was fortunate enough to have 2 teams in the New York State Dairy Bowl finals.  The team that won moved onto the National Dairy Bowl competition in Wisconsin.  The New York State- Wayne County team won first place.  Ms. Claypoole showed the Marion Town Board and audience the plaque that will hang on the wall at the Cornell Cooperative Extension in Newark for the year.  The plaque moves to the location of the winners each year.  Two of the students on the winning team, Kailey & Alysha Kuhn are Marion Central School District students along with their Dad and coach, Rob Kuhn attended the board meeting and explained about the program and their experiences.

Historian Caryn Devlin spoke about the Wayne County Bicentennial taking place in 2023.  The Wayne County Historian, Peter Evans is looking for people willing to help with this event.  The Wayne County Historian can be reached at: 315-946-5470 or bicentennial@waynehistorians.org

Ms. Devlin also wanted people to know that the Marion Bicentennial would take place in 2026.

Town Business:

Marty Aman, Executive Director of the Wayne County Water & Sewer Authority spoke about the new water storage tank.  Construction should start on this project in 2020.  Mr. Aman is in the process of trying to secure another grant for this project.  Mr. Aman also talked about the joint wastewater treatment facility that is being planned.  This project had originally included the Town of Marion, Town of Palmyra, Village of Palmyra, and Town of Macedon.  The Town of Walworth has now asked to join the project.  Mr. Aman is going to be having a public information meeting soon to discuss the project goals with the residents in the effected town.  Councilman Lonneville once again asked Mr. Aman if the Wayne County Water & Sewer Authority will allow Septic pumping services in the area the ability to dump at the new facility.  Mr. Aman said they are still looking into this as a possibility.

Supervisor Deming spoke about a complaint he had received regarding parking on Erotus Ave. in the hamlet of Marion.  The resident who made the complaint, Jarrod Savory stated that people were parking on both sides of the road making it difficult to drive down the street.  Mr. Savory would limit parking to one side of the street.  The Town Board members discussed this and will bring it up as a possible resolution at the September 9, 2019 meeting.

Supervisor Deming spoke next about a local sewer law that would give the same rights to all sewer users who will be joining the Joint Wastewater Facility project.  A copy of the proposed law was given to Marion Town Board members to review.  This will be discussed at a later meeting.

Councilman Lonneville spoke about the possibility of LED lights to replace the current streetlights in Marion.  Councilman Lonneville recently drove to Newark to look at new LED streetlights that were installed by Rochester Gas & Electric.  Councilman Lonneville would like to have the soft lights and 4,000 kilowatt bulbs used in the Town of Marion.  Councilman Lonneville will continue to work on this project.

Councilwoman Fisher spoke next.  She is working on putting together a newsletter for the Town of Marion.  She had a few questions regarding this project.  How could she get mailing labels for Marion residents?  Should a survey be included?  If so, who would write up the survey?   Can the newsletter be put on the website? When are people available to help fold and mail the newsletter?

Councilman Fisher started a discussion regarding a resolution on the floor to install a new memorial garden to be located at Jennie’s House.  This discussion was long and involved most everyone in the room.

Councilman Fisher also spoke about the 2020 budget process.  Supervisor Deming stated that he will be working with individual board members regarding the budget.  The first official budget discussion will take place at the September 9, 2019 Town Board meeting.  The proposed budget will be available for review at the Town Clerk’s Office.

Town Clerk, Heidi Levan, addressed the Town Board with a letter she received from Boy Scout Troop 137.  This Boy Scout Troop is from Marion and has used the Marion Town Park Pavilion A from September to November and again in the Spring each year.  Their Troop leader, Tim Holahan has requested to use the Marion Town Park again this Fall and Spring of 2020.  The Town Board agreed to this and Ms. Levan will respond back to Mr. Holahan on behalf of the Town Board.

Town Clerk, Heidi Levan spoke next regarding a resident who rented the Marion Town Park.  Town Park Inspector, Chrissy Nelson shared photos with Ms. Levan and wrote on the inspection sheet that the bathrooms were left filthy.  Ms. Levan asked the Town Board what she should do with the $50 deposit.  The Town Board decided not to return the deposit.  Ms. Levan will let the renter know with a formal letter.

Correspondence:

Resolutions:

  1. Authorize Supervisor to Sign Amended Memorandum of Understanding Regional Water Storage Tank
  2. Authorize 2019 Subsidiary Transfers
  3. Approve a Two Year Extension to the Union Contract
  4. Adopt Town of Marion Policy against Discrimination and Harassment
  5. Award Bid to Install Handicap Accessible Ramp and Concrete Sidewalk at the Marion Museum
  6. Award Bid to Create a Memorial Garden at the Marion Museum
  7. Award Bid to Install Handicap Accessible Counter in Town Clerks Office
  8. Award Bid to Install Overhead Roll down Door in the Town Clerks Office
  9. Rescind Resolution #70619
  10. Authorize Re-Appointment of Part-Time Assessor
  11. Authorize Supervisor to Sign Letter Stating Funds above DASNY Grant Amount will be Paid by the Town

Of Marion

  1. Authorize Town of Marion to Piggyback on the Wayne County NYS Bid Book
  2. Payment of Claims

Resolution #8082019 Authorize Supervisor to Sign the Proposed Amended and Restated Memorandum of Understanding relating to the Regional Water Storage Tank Project effective as of September 1, 2019

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

BE IT RESOLVED, Authorize Supervisor to Sign the Proposed Amended and Restated Memorandum of Understanding relating to the Regional Water Storage Tank Project effective as of September 1, 2019; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Principal Account Clerk.

Resolution #8092019 Authorize 2019 Subsidiary Transfers

 On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

BE IT RESOLVED, that the Marion Town Board authorizes the following 2019 subsidiary transfers:

Move Expense for Repair of Court Air Conditioner

Account #                    Description                                          Increase          Decrease

11104.01.000.012       Justices Equipment Repair                                         $225.00

16204.01.000.042       Building Repairs                                  $225.00

Move expense for stone

51104.03.000.124       General Repairs Stone                                     $3144.63

51124.03.000.124       Permanent Improvements Stone       $3144.63

Transfer Payroll Expense for Deputy Highway Superintendent

50101.01.000.058       Highway Superintendent Personal Services               $4000.00

71101.01.000.000       Parks Personal Service                        $4000.00

Transfer to Parks to replace refrigerator

Transfer to Festival Committee for events trailer repair

80104.01.000.119       Zoning Consultant                                                       $2000.00

71102.01.000.063       Parks Kitchen Equipment                    $1000.00

75504.01.000.004       Misc.–Festival Committee                  $1000.00

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the principal Account Clerk.

Resolution #8102019 Approve a Two Year Extension to the Union Contract  

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED:       Ayes:   5

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Bliek  – Aye

Councilman Lonneville – Aye

Supervisor Deming – Aye

Nayes:  0

The following resolution was adopted.

WHEREAS, the Town and the Union have reached a tentative Two Year Extension to the Union Contract effective January 1, 2020 thru December 31 2022, subject to ratification and approval for terms and conditions of employment representing a successor extension to the agreement that expires on December 31, 2019; and

WHEREAS, the Union has notified the Supervisor that it has ratified the terms of the Two Year Extension to the Union Contract; now

THEREFORE, upon the recommendation of the Supervisor it is:

  1. RESOLVED, that the Town Board hereby ratifies the terms of the tentative agreement for a Two

Year Extension to the Union Contract; and

  1. IT IS FURTHER RESLVED, that the Town of Marion does hereby approve the necessary funding to

Implement the terms of the collective negotiating agreement between the Town of Marion and

United Union of Roofers Waterproofers & Allied Workers, Local 22; and

BE IT RESOLVED, that the Town of Marion directs the Clerk of the Board to give a copy of this resolution to the United Union of Roofers Waterproofers & Allied Workers, Local 22, Marion Highway Department and the principal Account Clerk.

Resolution #8112019 Adopt Town of Marion Policy Against Discrimination and Harassment

On a motion by Councilwoman Fisher and seconded by Councilman Lonneville

ADOPTED:       Ayes:   5

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Bliek  – Aye

Councilman Lonneville – Aye

Supervisor Deming – Aye

Nayes:  0

The following resolution was adopted.

BE IT RESOLVED, that the Marion Town Board adopt the 2019 Policy Against Discrimination and Harassment:

Town of Marion

POLICY AGAINST DISCRIMINATION AND HARASSMENT

 SECTION 1:   PURPOSE

  1. Scope of Policy
  2. Policy Objectives

SECTION 2:  DEFINITIONS

SECTION 3:   POLICY

SECTION 4:   POLICY ENFORCEMENT

  1. Complaint Procedure for Employees
  2. Notification Procedure
  3. Making a Complaint
  4. Supervisory Responsibilities
  5. Time for Reporting a Complaint
  6. Confidentiality and Privacy
  7. Acknowledgment of Complaint

SECTION 5:   INVESTIGATION PROCEDURES

  1. Timing of Investigations
  2. Method of Investigation
  3. Notification to Complaining Party and the Accused Party
  4. Remedial Measures

SECTION 6:   PROHIBITION AGAINST RETALIATION AND ABUSE OF THE POLICY

SECTION 7:   APPEALS

SECTION 8:   RECORD KEEPING

SECTION 9:   LEGAL PROTECTIONS AND EXTERNAL REMEDIES

SECTION 10:   QUESTIONS

SECTION 11:  COMPLIANCE OFFICERS

SECTION 12:  EFFECTIVE DATE AND POLICY DISSEMINATION

 SECTION 1:  PURPOSE

Town of Marion believes in the dignity of the individual and recognizes the rights of all people to equal employment opportunities in the workplace.  In this regard, the Town of Marion, (hereinafter “Municipality”), is committed to a policy of protecting and safeguarding the rights and opportunities of all people to seek, obtain and hold employment without being subject to harassment or discrimination in the workplace.  It is the Town of Marion’s policy to provide an employment environment free from harassment and discrimination based on race, color, gender, religion, religious creed, sex, familial or marital status, age, national origin or ancestry, physical or mental disability, genetic information/predisposition or carrier status, military or veteran status, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender, pregnancy (including childbirth and related medical conditions, and including medical conditions related to lactation), citizenship, domestic violence victim status or any other characteristic protected by applicable federal, state or local law.

  1. Scope of Policy This Policy applies to all Municipality employees and all personnel in a contractual or other business relationship with the Municipality including, for example, applicants, temporary or leased employees, interns (whether paid or unpaid), independent contractors, vendors, consultants, volunteers or visitors. In the remainder of this Policy, the term “employees” refers to this collective group.  This Policy applies with equal force on Municipality property as well as Municipality-sponsored events, programs, and activities that take place off Municipality premises.

 

  1. Policy Objectives By adopting and publishing this Policy, it is the intention of the Town of Marion governing body to:

(1)        Notify employees about the types of conduct that constitute harassment and discrimination prohibited by this Policy;

(2)        Inform employees about the complaint procedures established by the Municipality that enable any employee who believes they are the victim of harassment or discrimination to submit a complaint which will be investigated by the Municipality;

(3)        Clearly advise all supervisory staff, managers, and employees that harassment and discrimination is strictly prohibited; and

(4)        Notify all employees that the Municipality has appointed Compliance Officers who are specifically designated to receive complaints and ensure compliance with this Policy.

NOTE: The names and office location of each Compliance Officer designated to receive and investigate complaints are listed below in Section 11 of this Policy.  Any change in the designated Compliance Officers shall be distributed in writing to all current employees and shall be posted.

SECTION 2:  DEFINITIONS

“Prohibited Discrimination of Employees”

Prohibited discrimination of employees can take the form of any adverse employment action against an employee, by either a Municipality employee or official or a third party engaged in activities sponsored by the Municipality which is based upon the employee’s protected characteristic.  Prohibited discrimination of employees also includes harassment based on a protected characteristic even where there is no tangible impact upon the employee’s employment opportunities and/or employment benefits.  The phrase “prohibited discrimination” as used in this Policy includes all forms of prohibited discrimination and harassment based on a protected characteristic, including “Sexual Harassment” as defined below.

“Harassment”

Harassment is strictly prohibited and includes, but is not limited to, conduct that is unwelcome and has the purpose or effect of unreasonably interfering with a person’s work performance, or creating an intimidating, hostile or offensive working environment.  Such harassment of employees is prohibited by this Policy if it is based on a protected characteristic or directed at an individual because of a protected characteristic. In this regard, individuals subject to this Policy should be mindful that conduct or behavior that is acceptable, amusing or inoffensive to some individuals may be viewed as unwelcome, abusive or offensive to others.

“Sexual Harassment”

Sexual harassment is strictly prohibited.  It 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, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

(1)        Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(2)        Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual (e.g., promotion, transfer, demotion, termination); or

(3)        Such gender-based conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or of creating an intimidating, hostile or offensive working environment, even if the reporting individual is not the intended target of the sexual harassment.

The foregoing includes offensive comments, jokes, innuendoes or other statements of a sexual or gender-based nature as well as favoritism between a supervisor and subordinate based on an intimate/sexual relationship or desire for the same.

Who can be the 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.  Harassers 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, on personal devices or during non-work hours.

“Prohibited Behavior and Examples of Harassment, including Sexual Harassment”

             Specific forms of behavior the Municipality considers harassment or sexual harassment are set forth below.  Every conceivable example cannot be delineated herein, and thus the descriptions below should not be interpreted in any way as being all-inclusive.

  • Verbal: Abusive verbal language including jokes, comments, teasing or threats related to an employee’s protected characteristic, sexual activity and/or body parts whether or not said in that person’s presence including, but not limited to: sexual innuendos; slurs; suggestive, derogatory, or insulting comments or sounds; whistling; jokes; propositions; threats; comments on a person’s appearance that make the person feel uncomfortable because of his or her protected characteristic; sex stereotyping, continuing to ask someone for dates or to meet after work after the person has made it clear that he or she does not want to go; comments about an employee’s anatomy or protected characteristic that are unwelcome, unreasonably interfere with an employee’s work performance, or create an intimidating, hostile or offensive work environment; or unwelcome advances or demands based on someone’s protected characteristic.
  • Nonverbal: Abusive written language showing or displaying pornographic or sexually explicit objects or pictures; graphic commentaries based on a protected characteristic; derogatory cartoons or caricatures; luring or obscene gestures; staring at a person’s body in a sexually suggestive manner; gestures or motions based on a protected characteristic; sending material through the Municipality e-mail system or other electronic communication devices (e.g. voice mail) or using the Town of Marion mail,  computers or cell phones to view material that is demeaning or derogatory based on one’s protected characteristic.
  • Physical: Unwelcome physical conduct, including but not limited to hitting, pushing, shoving, slapping, petting, pinching, grabbing, holding, hugging, kissing, tickling, massaging, displaying private body parts, coerced sexual intercourse, rape or assault or attempts to commit these assaults, persistent brushing up against a person’s body, unnecessary touching and flashing or other unwelcome physical conduct.
  • Other: Hostile actions taken against an individual because of an individual’s sex, sexual orientation, gender identity and the status of being transgender or because of any other protected characteristic, 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; or name-calling.

Any employee who feels discriminated against or harassed should report that conduct so that any violation of this Policy can be corrected promptly.  Any harassing conduct, even if a single incident can be addressed under this Policy.

SECTION 3:  POLICY

The Municipality prohibits harassment and discrimination based on any characteristic protected by applicable law and will not tolerate any form of unlawful discrimination or harassment.  The Municipality will take all steps necessary to prevent and stop the occurrence of unlawful discrimination and/or harassment, including sexual harassment, in the workplace.

All employees, including but not limited to, Municipality officials and supervisory personnel, are responsible for ensuring a work environment free from prohibited harassment and discrimination.  All employees will be held responsible and accountable for avoiding or eliminating inappropriate conduct that may give rise to a claim of harassment or discrimination.  Employees are encouraged to report violations to a supervisor, manager, or one of the Compliance Officers listed in Section 11 of this Policy in accordance with the Complaint Procedure set forth in this Policy.  Officials, managers and supervisors must take immediate and appropriate corrective action when suspected instances of prohibited harassment and/or discrimination come to their attention to assure compliance with this Policy as well as report the suspected misconduct to the Town of Marion designated Compliance Officers.  Furthermore, if any employee believes that any member of management has violated this policy or has not properly responded to and/or handled a report or concerns about discrimination or harassment, the employee should immediately contact one of the Town of Marion designated Compliance Officers.

Each employee is assured pursuant to Section 6 of this Policy, that retaliation against an

individual who makes a complaint or report under this Policy is absolutely prohibited and constitutes, in and of itself, a violation of this Policy.  Employees who engage in retaliation against any employee for making a good faith complaint of harassment or discrimination, or for opposing in good faith any practices forbidden by applicable anti-discrimination laws or  otherwise participating in any manner in an internal workplace investigation or an external investigation, proceeding or hearing conducted by any federal or state agency charged with enforcing employment discrimination laws, shall be subject to discipline, up to and including termination of employment.  Any employee who believes he/she has been retaliated against in violation of this policy should report violations to one of the Compliance Officers listed in Section 11 of this Policy in accordance with the Complaint Procedure set forth in this Policy.

Any questions regarding the scope or application of this Policy should be directed to one of the Compliance Officers listed in Section 11 of this Policy.

SECTION 4:  POLICY ENFORCEMENT

  1. Complaint Procedure for Employees

            Notification Procedure 

  1. Prompt reporting of complaints or concerns is encouraged so that timely and constructive action can be taken before relationships become strained. Reporting of all perceived incidents of prohibited discrimination and/or harassment is encouraged and essential, regardless of the offender’s identity or position. An employee or other individual who feels aggrieved because of harassment or discrimination shall contact his or her supervisor or a Compliance Officer listed in Section 11 of this Policy, or another administrator. Likewise, anyone who witnesses or becomes aware of instances of harassment or discrimination should report such behavior to his or her supervisor or a Compliance Officer listed in Section 11 of this Policy, or another administrator.
  2. Making a Complaint
    Complaints are accepted orally and in writing. All employees are encouraged to use the Town of Marion “Complaint of Alleged Discrimination” form.  A copy of this form is attached to this Policy.  Additional complaint forms can be obtained from a Compliance Officer, with no questions asked, or from the Town of Marion website.  Because an accurate record of the allegedly objectionable behavior is necessary to resolve a complaint of prohibited discrimination or harassment, the Municipality encourages employees to place complaints in writing, even if originally made orally.  If an employee has any questions or difficulty filling out the complaint form, she/he can obtain assistance from any one of the Compliance Officers or the supervisor to which he/she complained.  All complaints should include:  the name of the complaining party, the name of the alleged offender(s), date(s) of the incident(s), description of the incident(s), names of witnesses to the incident(s) and the signature of the complaining party.

 

Once the complaining party has completed and dated a complaint, with or without the assistance of one of the Town of Marion Compliance Officers or a supervisor, the written complaint, or oral complaint as the case may be, should be promptly forwarded to one of the Town of Marion Compliance Officers.

Complainants are expected to cooperate with the Town of Marion investigation procedures by providing all relevant information relating to the complaint, as are other supervisory and non-supervisory employees having relevant or related knowledge or information.

  1. Supervisory Responsibilities

All supervisors and managers who receive a complaint or information about suspected harassment or discrimination, observe what may be harassing behavior, or have any reason to suspect that harassment is occurring, are required to report such suspected harassment or discrimination to one of the Town of Marion Compliance Officers.

 

In addition to being subject to discipline if they engaged in harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected harassment or otherwise knowingly allowing harassment to continue.

 

Supervisors and managers will also be subjected to discipline for engaging in any retaliation.

 

  1. Time for Reporting a Complaint
    Prompt reporting of all complaints is strongly encouraged. All employees should be aware that appropriate resolution of complaints and effective remedial action oftentimes is possible only when complaints are promptly filed.

 

  1. Confidentiality and Privacy
    The Municipality shall keep complaints as confidential as is consistent with a thorough investigation, applicable collective bargaining agreements, and other laws and regulations regarding employees. To the extent complaints made under this Policy implicate criminal conduct, the Municipality may be required by law to contact and cooperate with the appropriate law enforcement authorities.

 

  1. Acknowledgement of Complaint
    Upon receipt of an oral or written complaint, the Compliance Officer should endeavor to contact promptly the complainant to confirm that the complaint has been received. If the complainant does not receive such confirmation promptly, she/he is encouraged to contact a Compliance Officer or his/her supervisor or the supervisor to whom the complaint was made to ensure its receipt.  The purpose of this acknowledgment procedure is to ensure that all complaints are received by authorized individuals, carefully processed and promptly investigated.

SECTION 5:  INVESTIGATION PROCEDURES

  1. Timing of Investigations

            The Municipality will promptly investigate all allegations of discrimination and harassment prohibited by this Policy.  The Municipality will also attempt to complete investigations under this Policy promptly.  The length of the investigation will depend upon the complexity and particular circumstances of each complaint.

 

  1. B. Method of Investigation

Investigations will provide all parties due process, and reach reasonable conclusions based on the evidence collected.           Investigations will be conducted by Municipality Compliance Officers, Town of Marion legal counsel, and/or other impartial persons designated by the Municipality.  The primary purposes of all investigations under this Policy will be to determine:

  • Did the conduct complained of occur;
  • Did the conduct complained of violate this Policy; and
  • What remedial measures or preventative steps, if any, shall be taken.

Investigations will necessarily vary from case to case and may typically include the following:  fact-finding interviews, including of the accuser and the accused; document request, review and preservation; depositions; and observations or other reasonable methods.  Municipality investigators should pursue reasonable steps to investigate each complaint in a thorough and comprehensive manner. Any notes, memoranda, or other records created by Municipality employee or agent conducting an investigation under this Policy shall be deemed confidential and privileged to the extent allowed by law.

Investigators will typically 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 basis for the decision and final resolution of the complaint, together with any remedial actions.
  1. C. Notification to Complaining Party and the Accused Party

The results of the investigation shall be communicated in writing to both the person filing the complaint and the accused party.

  1. Remedial Measures

This Policy is intended to prevent all forms of unlawful discrimination and harassment and put an end to any prohibited discrimination that is found to have occurred.  While disciplinary action may be appropriate in certain instances, punitive measures are not the exclusive means for responding to prohibited discrimination or harassment.  During the pendency of any investigation being conducted pursuant to this Policy, remedial measures may be taken if appropriate and necessary.

Any individual who is found to have engaged in prohibited discrimination or harassment or conduct which may be prohibited by this Policy may receive education, training, counseling, warnings, discipline, or other measures designed to prevent future violations of this Policy.  Disciplinary action may include:  warnings, suspension, or discharge from employment or such disciplinary action as may be permitted by applicable collective bargaining agreements and law.  Any third party found to have engaged in discrimination or harassment of an employee may be barred from Municipality property.

 SECTION 6:  PROHIBITION AGAINST RETALIATION AND ABUSE OF THE POLICY

Unlawful retaliation can be any action that could discourage an employee from coming forward to make a complaint or support a discrimination or harassment claim.  Adverse action need not be job-related or occur in the workplace to constitute retaliation (e.g., threats of physical violence outside of work hours).

Retaliation against anyone for making a good faith complaint of harassment or discrimination, for opposing in good faith any practices forbidden by applicable anti-discrimination laws or for filing a good faith complaint with, or otherwise participating in any manner in an internal workplace investigation or an external investigation, proceeding or hearing conducted by any federal or state agency charged with enforcing employment discrimination laws is strictly prohibited by this Policy and by law.

Even if the alleged harassment or discrimination does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if he/she had a good faith belief that the practices were unlawful.  However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment or discrimination.

Complaints of retaliation should be brought directly to a Compliance Officer.  Such complaints will be promptly investigated.  If retaliation is found, the person retaliating will be subject to corrective action up to and including termination from employment, or in the case of a non-employee, an appropriate remedy up to and including termination of the business relationship.

SECTION 7:  APPEALS 

Any complainant or accused party who wishes to appeal the conclusion which the Municipality reached in investigating a complaint filed under this Policy, may do so within ten (10) calendar days of receipt of the appealing party’s notification of the investigation outcome.  Untimely submissions shall not receive consideration. Such appeal must be made in writing to the Town of Marion governing body. The appealing party shall be entitled to present evidence in writing as to why the conclusion was flawed, improper, or otherwise not supported by the evidence. The Town of Marion consideration and review of any such appeal shall be conducted confidentially in executive session. Following a review of that evidence, as well as the information obtained in the investigation process and conclusions derived therefrom, the Town of Marion governing body, or its designee, shall render a decision. That decision shall be final. The appealing party shall be notified of the decision in writing.

Nothing set forth in the Appeal Process above shall be construed to, in any way, confer upon either the complainant(s) or the person(s) accused of violating this Policy any right to appeal the Town of Marion determination as to appropriate disciplinary and/or corrective action to be taken on meritorious complaints.  In this regard, the Municipality at all times retains sole discretion to determine the appropriate disciplinary and/or corrective action to be taken with regard to a meritorious complaint.

SECTION 8: RECORD KEEPING

The Municipality shall maintain a written record of all complaints of discrimination and/or harassment for a period of at least three years. The Municipality shall also document the steps taken with regard to investigations, as well as conclusions reached and remedial action taken, if any. The Municipality shall also maintain these documents for, at a minimum, three years.

The Town of Marion records regarding alleged discrimination and harassment shall be maintained separate and apart from personnel records in a secure and confidential location.

 SECTION 9: LEGAL PROTECTIONS AND EXTERNAL REMEDIES

             Discrimination and harassment based on protected characteristics, including sexual harassment, are not only prohibited by the Municipality but are also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at the Municipality, employees may also choose to pursue legal remedies with the governmental entities referenced in the following laws. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

In addition to those outlined below, employees in certain industries may have additional legal protections.

State Human Rights Law (HRL)

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment and harassment based on other protected characteristics set forth in this Policy, 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 the Division of Human Rights (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 harassment, including sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to the Municipality does not extend your time to file with DHR or in court. The one year or three years is counted from the 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 sexual or other illegal harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual or other illegal harassment 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 the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees (in sex discrimination and sexual harassment cases only) and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: 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 for DHR’s regional offices across New York State.

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (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 discrimination or harassment. There is no cost to file a complaint with the EEOC. 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. In general, employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work 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 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

 If an individual filed an administrative complaint with 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. Contact their main office at Law Enforcement Bureau of the NYC 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/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact your local police department.

 SECTION 10: QUESTIONS

Any questions by employees of the Municipality about this Policy or potential harassment or discrimination should be brought to the attention of one of the Town of Marion Compliance Officers.  The names, addresses, and telephone numbers of the Town of Marion Compliance Officers are listed in Section 11 of this Policy.

SECTION 11:  COMPLIANCE OFFICERS

Town of Marion Supervisor               3823 North Main Street

(315) 926-4145

SECTION 12:  EFFECTIVE DATE AND POLICY DISSEMINATION

The effective date of this Policy shall be 8/26/19.  The Town of Marion shall ensure that this Policy is adequately disseminated and made available to all employees of the Municipality.  This Policy shall be distributed at the beginning of each year.   In addition, copies of this Policy and Complaint Form shall be maintained in the office of each Compliance Officer as well as the Town of Marion Policy Book that is available at the Town Hall.

Upon the effective date of this Policy, the provisions of this Policy shall supersede and replace the following prior Town Of Marion policies and regulations regarding employee discrimination and harassment: Resolution #060997 Sexual Harassment Policy

ACKNOWLEDGEMENT OF RECEIPT OF TOWN OF MARION POLICY AGAINST DISCRIMINATION AND HARASSMENT

From:

To:

Subject:

The Town of Marion is committed to a policy of protecting and safeguarding the rights and opportunities of all people to seek, obtain and hold employment without being subjected to harassment or discrimination in the workplace.  It is the Town of Marion policy to provide a workplace environment free from harassment and discriminatory practices.

The Town of Marion has adopted and disseminated a revised Policy Against Discrimination and Harassment.  Please sign the attached acknowledgement that you have received a copy of the revised Policy, have reviewed it, and have been afforded an opportunity to ask a Municipality Compliance Officer any questions you may have regarding the Policy.  Return the signed acknowledgement to the Town of Marion Supervisor.

Thank you for your assistance in this matter.  If you have any further questions regarding this

Policy, feel free to contact the Town of Marion Supervisor.

ACKNOWLEDGEMENT OF RECEIPT OF TOWN OF MARION POLICY AGAINST  DISCRIMINATION AND HARASSMENT

 I, __________________________, have received the Town of Marion Policy Against Discrimination and Harassment.  I have reviewed this Policy, and I have had the opportunity to ask questions regarding the Policy. 

  

____________________________                            _______________________________

Signature of Employee                                             Date 

  

Town Of Marion

COMPLAINT FORM

 In order to assist the Town of Marion in investigating your allegations of harassment, discrimination or retaliation in a prompt and thorough fashion, please complete this form to the best of your abilities and with as much detail as you are able.  Once completed, please submit this form to a Municipal Compliance Officer identified in Section 11 of the Municipal Policy Against Discrimination and Harassment.  If additional space is needed in order to respond to any question below, please attach additional pages as necessary and identify which question corresponds to the information set forth in the additional pages.  Any questions regarding this form may be directed to a Municipal Compliance Officer.  No individual will be retaliated against for filing a complaint. 

 Name of Complainant: _____________________________ Date Submitted: ________

Job Title: _______________________                                                                                  _

Address: ______________________________________________________________

 

Home phone: _________________ Cell: _______________ Work: ________________

(Please circle the number you’d prefer us to call)

 

Email: ________________________________________________________________

Name of Victim (if different than Complainant): ________________________________

Basis of this complaint (check all that apply):

_____ Race/color                                         _____ Gender expression

_____ Age                                                     _____ Gender identity

_____ National Origin                                 _____  Transgender status

_____ Disability                                        _____  Genetic predisposition

_____ Sex/gender                                       _____ Military/veteran status

_____ Sexual harassment                         _____ Citizenship

_____ Pregnancy                                        _____  Religion/Religious creed

_____ Marital Status                                   _____  Domestic violence victim status

_____ Familial Status                                 _____ Retaliation

_____ Sexual orientation                           _____  Other/Not Sure

 

If checked “Other/Not Sure,” please briefly explain:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Time(s) and date(s) the incident(s) took place:

______________________________________________________________________

 

______________________________________________________________________

 

______________________________________________________________________

 

______________________________________________________________________

Name(s) and office address of the individual who allegedly engaged in the harassment, discrimination or retaliation.  If more than one, list all.

Name: ________________________________________________________________

 

Location: ______________________________________________________________

Describe the incident(s) which occurred with as much detail as you are able, including why you believe the incident(s) constitutes harassment, discrimination or retaliation (please attach any documentation or evidence you believe is relevant to the incident):

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

Describe briefly what you would consider to be appropriate resolution of the conduct described above: (Please note that the Town of Marion retains the sole discretion and authority to determine the appropriate disciplinary and/or corrective action to be taken with regard to meritorious complaints.  This question should not be construed in any way to constitute a forfeiture of that discretion or authority.)

___________________________________________________________________________________

 

___________________________________________________________________________________

 

___________________________________________________________________________________

 

_____________________________________________________________________

Identify all persons who witnessed the incident(s) described above:

__________________________         __________________________

 

__________________________         __________________________

 

__________________________         __________________________

Please identify any other persons you believe have knowledge important to the incident(s) in question, including his/her contact information and a brief description of the knowledge held by each person:

___________________________________________________________________________

 

___________________________________________________________________________

 

___________________________________________________________________________

 

_____________________________________________________________________

 

___________________________________________________________________________

 

_____________________________________________________________________

Have you filed a complaint or charge with a Federal, State, or Local Government agency related to the incident(s) identified above?

 

Yes _____                             No _____

Has this incident or occurrence been previously reported to the Town of Marion?

[  ] Y  [  ] N.   If yes, when and to whom?

______________________________________________________________________

­

______________________________________________________________________

If the incident or occurrence has been previously reported, please describe the remedy, outcome or resolution:

­­______________________________________________________________________

 

______________________________________________________________________

I swear or affirm that I have read the above complaint and that it is true to the best of my knowledge, information and belief.

_________________________________        ____________________

Complainant’s Signature                                        Date

Received by:

_________________________________        ____________________

Signature                                                                  Date

Print Name:

                                                                                                                                                           

For Employer Use Only – To be Completed Upon Receipt

Recipient of Complaint (print): _____________________________________________

Date, Time and Manner (e.g. personal delivery, mailbox, etc.) of Receipt: ___________

______________________________________________________________________

 

Notes: ________________________________________________________________

______________________________________________________________________

Resolution #8122019 Award Bid to Install Handicap Accessible Ramp and Concrete Sidewalk at the Marion Museum

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

WHEREAS, the Code Officer was authorized to solicit bids for the installation of a Handicap Accessible Ramp and Concrete Sidewalk at the Marion Museum; and

WHEREAS the Code Officer reviewed all bids received and has recommended accepting the bid received from Rogiers Masonry, Inc.; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Rogiers Masonry, Inc. for an amount not to exceed $4910.00 to be expensed as follows:

75204.01.000.213 Historical Property CDBG – Renovations $1500.00

75204.01.000.096 Historical Property Addition/Improvement         $3410.00

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to Duane Smeatin and the Principal Account Clerk.

Resolution #8132019 Award Bid to Create a Memorial Garden at the Marion Museum

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED:       Ayes:   5

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Bliek  – Aye

Councilman Lonneville – Aye

Supervisor Deming – Aye

Nayes:  0

The following resolution was adopted.

WHEREAS, the Code Officer was authorized to solicit bids for the creation of a memorial garden at the Marion Museum; and

WHEREAS the Code Officer reviewed all bids received and has recommended accepting the bid received from Grandpas Nursery; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Grandpas Nursery for an amount not to exceed $6063.00 to be expensed as follows:

75204.01.000.096 Historical Property Addition/Improvement         $6063.00

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to Duane Smeatin and the Principal Account Clerk.

Resolution #8142019 Award Bid to Install Handicap Accessible Counter in the Town Clerks Office

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

WHEREAS, the Town Clerk was authorized to solicit bids for the installation of a handicap accessible counter in the Town Clerks Office; and

WHEREAS the Town Clerk reviewed all bids received and has recommended accepting the bid received from Steven Verdi LLC; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Steven Verdi LLC for an amount not to exceed $4850.00 to be expensed as follows:

16204.01.000.213 CDBG – Renovations          $4850.00

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to Steven Verdi LLC and the Principal Account Clerk.

Resolution #8152019 Award Bid to Install Overhead Roll Down Door in the Town Clerks Office

On a motion by Councilwoman Fisher and seconded by Councilman Bliek

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

WHEREAS, the Town Clerk was authorized to solicit bids for the installation of an overhead roll down door in the Town Clerks Office; and

WHEREAS the Town Clerk reviewed all bids received and has recommended accepting the bid received from Alliance Door; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Alliance Door for an amount not to exceed $1875.00.00 to be expensed as follows:

16204.01.000.213 CDBG – Renovations          $1875.00

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to Alliance Door and the Principal Account Clerk.

Resolution #8162019 Rescind Resolution #70619 Authorize Re-Appointment of Assessor

On a motion by Councilman Bliek and seconded by Councilwoman Fisher

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

BE IT RESOLVED, that the Marion Town Board rescinds resolution #70619; and

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to Dawn VanPatten and the Principal Account Clerk.

Resolution #8172019 Authorize Re-Appointment of Assessor

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

BE IT RESOLVED, that the Marion Town Board authorizes re-appointing Dawn Van Patten, as PT Assessor for the Town of Marion effective October 1, 2019 to December 31, 2019 @ $11.50 per parcel per calendar year to be paid bi-weekly from account 13551.01.000.030; also

BE IT RESOLVED, effective January 1, 2020 to September 30, 2025 @ $13.00 per parcel per calendar year to be paid bi-weekly from account 13551.01.000.030

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Dawn Van Patten and the Principal Account Clerk.

Resolution #8182019 Authorize Supervisor to Sign Letter Stating Funds above DASNY Grant Amount will be Paid by the Town of Marion

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

BE IT RESOLVED, Authorize Supervisor to Sign the letter stating additional funds needed to complete project in excess of the DASNY Grant will be paid by the Tow of Marion; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Principal Account Clerk.

Resolution #8192019 Authorize Town of Marion to Piggyback on the Wayne County NYS Bid Book

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

BE IT RESOLVED, that the Marion Town Board piggyback off the Wayne County NYS Bid Book, Resolution #113-19; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Principal Account Clerk.

Resolution #8202019 Payment of Claims

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED:       Ayes:   5

Nayes:  0

The following resolution was adopted.

WHEREAS, the Marion Town Board has received and audited the following claims; now

BE IT RESOLVED, that the Supervisor is hereby authorized to pay said claims upon receipt of the signed abstracts of audited claims from the Town Clerk.

Abstract                     

General                                                     667.10

Highway                                                        0.00

Library                                                         79.58

Water                                                            0.00

Sewer                                                        275.35

Drainage                                                        0.00

Trust & Agency                                                 0.00

$1022.03

The Marion Town Board went into Executive Session at 7:08pm on a motion from Councilman Bliek and seconded by Councilman Lonneville to discuss Union Contracts.

The Marion Town Board returned to regular session at 7:15pm.

With no further business, on a motion by Councilman Lonneville and seconded by Councilwoman Smith, Supervisor Deming closed the meeting at 8:05pm.

Next meetings are scheduled for:

Meeting:                  Monday, September 9, 2019 @ 6:30pm

Meeting:                  Monday, September 23, 2019 @ 6:30pm     

 

_________________________________________

Heidi M. Levan, Town Clerk/Clerk of the Board