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HomeMy WebLinkAboutMN-CA-2022-05-25CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. May 25, 2022 PRESENT: Alderperson Cantelmo – Chair Alderpersons (4): Barken, Defendini, McGonigal, Nguyen OTHERS PRESENT: Acting Mayor – Lewis Acting Police Chief – Joly City Clerk – Holcomb Sustainability Planner – Evans City Attorney – Lavine Chief of Staff – Vavra HR Director – Michell-Nunn Controller – Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review: Two items were added to the agenda as 4.8 – IPD Emergency Repair of the HVAC System and 4.9 – Contingency Funding for the Criminal Justice Center [CJC ]. 1.2 Review/Approval of Minutes: Alderperson McGonigal made a motion to approve the minutes as amended from the City Administration Committee meeting held on April 27, 2022. Seconded by Alderperson Barken. Motion carried unanimously. 2. Petitions and Hearings of Persons Before Council 2.1 Statements from the Public Eric Lerner, Ithaca resident, stated that he was speaking tonight on behalf of the Coalition for Snow-free Sidewalks and Crosswalks. The Coalition consists of Bike Walk Tompkins, Finger Lakes Independence Center and Tompkins County Office of the Aging and the Coalition’s goal is for Ithaca’s crosswalks, sidewalks and pedestrian walkways be cleared of snow and ice as effectively as the City streets. 2.2 Council’s Response Chairperson Cantelmo acknowledged the violence in Texas and Buffalo and stated that action needs to be taken to keep this from happening. Alderperson Defendini thanked Mr. Lerner for the comments and stated that the infrastructure was the topic of his campaign. Alderperson McGonigal stated that students could be organized to help clear the snow and ice from the pedestrian walkways, especially on the street corners. 3. Government Administration, Human Resources, and Policy City Administration Committee Meeting May 25, 2022 Page 2 3.1 Police - Amendment to Personnel Roster Moved by Alderperson McGonigal. Seconded by Alderperson Barken. WHEREAS, the Ithaca Police Department requested a review of the Office Assistant position assigned to the Investigations Division to determine whether the position is appropriately classified; and WHEREAS, the Human Resources Department has reviewed the duties and responsibilities of the Office Assistant position and has determined that there has been a permanent and material growth in job responsibilities that merits a reclassification of the position to Administrative Assistant; and WHEREAS, the Ithaca Civil Service Commission will review the proposed reclassification of the Office Assistant position to Administrative Assistant at their June 1, 2022, meeting; now, therefore, be it RESOLVED, That, subject to the approval of the Ithaca Civil Service Commission, the Personnel Roster of the Ithaca Police Department be amended as follows: Add: One (1) Administrative Assistant (Grade 8) Delete: One (1) Office Assistant (Grade 5) and be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Ithaca Police Department’s budget. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Police Department – Approval of Lexipol Policy Services Contract Moved by Alderperson Nguyen. Seconded by Alderperson Barken. WHEREAS, the Ithaca Police Department has set department goals of updating the current General Orders, Policies, Procedures, and obtaining New York State Accreditation; and WHEREAS, meeting these established goals will better align the department with the 6 pillars of Law Enforcement as identified in the Final Report of the President’s Task Force on 21st Century Policing: specifically in Building Trust and Legitimacy, and Policy and Oversight; and WHEREAS, the Ithaca Police Department has further invested in this goal by establishing a Supervisory position filled by a Sergeant assigned to manage Policies, Procedures, and Accreditation; and WHEREAS, the Ithaca Police Department intends to contract the services of Lexipol to do the following: City Administration Committee Meeting May 25, 2022 Page 3 1. Review, update, and replace the Policies and Procedures of the department with current, legally sound policies that are in compliance with state and federal guidelines, and aligned with the current best practices in Law Enforcement, 2. Provide monthly scenario-based quizzes that support and underscore Policy understanding, 3. Provide Full Policy Implementation, Daily Training Bulletins, Ongoing Policy Updates, a Web-Based Delivery Platform and Mobile App, Reports, Supplemental Publication Services, and WHEREAS, the total cost for these services in year one is $37,411, including a one-time $20,207 implementation cost with an annual renewal subscription cost of $17,204 for subsequent years; and WHEREAS, the Ithaca Police Department is also seeking to subscribe to the Lexipol Police One Academy service, which would provide online training content that will be utilized at roll call trainings, and to develop individual officers knowledge base and skill sets in a broad range of topics including; addressing homeless populations, De-Escalation, Health and wellness, Community Policing, Police Leadership, Duty to Intervene, Ethics, and numerous other topic areas for an additional subscription annual fee of $4,949; and WHEREAS, upon implementation of the policies provided by Lexipol, the Ithaca Police Department’s policies will be aligned with the New York State Department of Criminal Justice Services Accreditation requirements and will position the department to obtain NY State Accreditation; now, therefore, be it RESOLVED, That funds needed for said Lexipol contract in the amount not to exceed $42,359 be derived from existing funding within the current 2022 authorized Ithaca Police Department budget; and, be it further RESOLVED, That the Ithaca Police Department is requesting to reallocate existing funding in their budget to pay for this first year of service; and, be it further RESOLVED, That Common Council hereby directs the City Controller to reallocate existing Police Department funds as necessary to pay for said Lexipol Policy Service Contract; and, be it further RESOLVED, That the Acting Mayor, upon review of the City Attorney, is authorized to fully execute the contract with Lexipol for Policy Services as outlined in the Lexipol Solutions Proposal. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Approval of Final BlocPower Electrification Contract Moved by Alderperson Defendini. Seconded by Alderperson Nguyen. WHEREAS, on November 3, 2021, the Common Council passed Resolution 5.5, A Resolution to Authorize Mayor Svante Myrick to Designate a Program Manager for the City of Ithaca’s Energy City Administration Committee Meeting May 25, 2022 Page 4 Efficiency Retrofitting and Thermal Load Electrification Program, which approved the designation of the consortium led by Blocpower and including Taitem Engineering, Alturus, Guidehouse and Energetic Insurance, as Program Manager for the City’s Energy Efficiency Retrofitting and Thermal Load Electrification Program; and WHEREAS, the City of Ithaca’s Director of Sustainability and the City Attorney have thereafter negotiated the attached agreement with Blocpower; now, therefore, be it RESOLVED, That the Acting Mayor, on the advice of the City Attorney, is hereby authorized by the Common Council to sign the attached agreement with Blocpower designating Blocpower as Program Manager for the City’s Energy Efficiency Retrofitting and Thermal Load Electrification Program. A vote on the resolution resulted as follows: Passed unanimously. 3.4 Adopt Report and Recommendation of the Redistricting Working Group Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. WHEREAS, every ten years, following the decennial federal census, the City of Ithaca reapportions its Common Council by adopting new ward boundaries to be set forth in section 3 of the City Charter, and WHEREAS, the City formed a Redistricting Working Group composed of one member from each of the City’s five wards to develop new ward boundaries to be proposed to Common Council for adoption; and WHEREAS, the Redistricting Working Group held biweekly meetings to examine the City’s population changes, consider the relevant statutory requirements, generate potential ward maps for discussion, and solicit input from the public and relevant stakeholders regarding proposed ward boundaries; and WHEREAS, the Redistricting Working Group submitted its written report and unanimous recommendation for new ward boundaries to the Acting Mayor and Common Council on April 19, 2022, and delivered a presentation of the same at a meeting of the Common Council held on May 4, 2022; now be it hereby RESOLVED, That Common Council ADOPTS the report and recommendation of the Redistricting Working Group in full, and be it further RESOLVED, That Common Council intends to implement the report and recommendation of the Redistricting Working Group following a public hearing and further discussion by Common Council. A vote on the resolution resulted as follows: Passed unanimously. 3.5 A Local Law Authorizing the Use of Videoconferencing for Meetings of Public Bodies Moved by Alderperson Barken. Seconded by Alderperson Defendini. City Administration Committee Meeting May 25, 2022 Page 5 WHEREAS, Part WW of Chapter 56 of the Laws of 2022 amended the public officers law to permit the use of videoconferencing by public bodies under certain circumstances, and WHEREAS, the City has employed videoconferencing as authorized by executive order and statute throughout the course of the COVID-19 pandemic, and found that videoconferencing has positively impacted public access and participation in public meetings, reduced burdens on City staff, and increased transparency in the important work of the City’s various public bodies, and WHEREAS, the City desires to adopt videoconferencing procedures consistent with sections 103 and 103-a of the public officers law on behalf of all of its public bodies; now therefore, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Local Law No. 2022 – Section 1. Legislative Findings, Intent, and Purpose The Common Council makes the following findings: 1. Videoconferencing is a valuable tool that has the potential to increase public engagement with City processes, reduce burdens on City staff, and provide flexibility for members of public bodies in the event that extraordinary circumstances or emergencies prevent in-person attendance at public meetings. 2. The City has employed videoconferencing throughout the COVID-19 pandemic and developed the processes and expertise to implement its use on an ongoing basis. 3. The City and the public will benefit from the continued availability of videoconferencing for future meetings of public bodies in accordance with the procedures adopted in this Local Law. Based upon the above findings, the intent and purpose of this Local Law is to authorize all public bodies of the City to use videoconferencing for public meetings, and to promulgate a uniform set of written procedures governing videoconferencing that is consistent with sections 103 and 103-a of the public officers law. Section 2. Videoconferencing and Remote Attendance for Local Public Bodies. A. Each and every public body is authorized, but not required, to use videoconferencing to conduct its business as permitted by sections 103 and 103-a of the public officers law and pursuant to the requirements of this Local Law. B. The following requirements and procedures shall apply whenever videoconferencing is employed by a public body. City Administration Committee Meeting May 25, 2022 Page 6 (1) At least the minimum number of members of the public body necessary to constitute a quorum of the public body must be physically present at one or more location(s) open to the public to attend in person. (2) Each member of the public body must be physically present unless such member is unable to be physically present due to extraordinary circumstances, which shall include but not be limited to disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting. These extraordinary circumstances requirement shall be liberally construed to the maximum extent permitted by law. (3) The chair or other presiding officer of the public body shall determine whether extraordinary circumstances are present, except that any member of the public body disagreeing with the determination of the chair or presiding offer may move for a vote to override the determination of the chair or presiding officer. The determination shall be overridden upon the affirmative vote of a majority of the members of the public body in attendance. The member seeking to attend remotely due to extraordinary circumstances shall not be entitled to move to override the determination of the chair or presiding officer, or to vote if so moved. (4) Except in the case of executive sessions, members of the public body attending by videoconference shall be able to be heard, seen, and identified while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon. A member attending by videoconference shall be entitled to participate in the meeting, cast votes, and take any such other action as if the member were physically present. (5) The minutes of any meeting involving videoconferencing shall include which, if any, members participated remotely and shall be made available to the public pursuant to section one hundred six of the public officers law. (6) If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that videoconferencing will be used, where the public can view and/or participate in such meeting, where required documents and records will be posted or available and identify the physical location(s) for the meeting where the public can attend in person. (7) Each meeting conducted using videoconferencing shall be recorded, and such recordings shall be posted or linked on the public website of the public body within five business days following the meeting. Such recordings shall remain available for a minimum of five years and shall be transcribed upon request. (8) The public body shall not be required to record or transcribe any executive session portion of the meeting or any other portion of the meeting which the public is not entitled to attend. (9) If videoconferencing is used to conduct a meeting, the public body shall provide the opportunity for members of the public to view such meeting via video, and, where public comment or participation in the meeting is authorized or required, to comment or participate via videoconference in real time. Videoconferencing, where employed, shall City Administration Committee Meeting May 25, 2022 Page 7 afford the same opportunity for public participation or testimony as in-person participation or testimony. (10) Staff members and any other participants in a meeting employing videoconferencing may be permitted, at the sole discretion of the chair or other presiding officer, to participate, comment, and/or testify by videoconference or through such other remote means as enable the participant to be contemporaneously heard during the meeting. This subsection shall not apply to members of the public body or members of the public engaging in public comment or participation governed by other provisions of this Local Law. (11) The public body shall be authorized, but not required, to adopt additional written procedures governing member and public attendance consistent with this Local Law. This Local Law and such additional written procedures, if any, as may be adopted by the public body shall constitute the written procedures of the public body for the purposes of section 103-a(2)(b) of the public officers law and shall be conspicuously posted on the public website of the public body. (12) Any public body employing videoconferencing must maintain an official website. (13) Videoconferencing and broadcast of meetings shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For purposes of this Local Law, “disability” shall have the meaning defined in section two hundred ninety- two of the executive law. C. Notwithstanding the foregoing, the in-person participation requirements of subdivision B of this Local Law shall not apply during a state disaster emergency declared by the governor pursuant to section twenty-eight of the executive law, or a local state of emergency proclaimed by the Mayor or the chief executive of Tompkins County, if the public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting. In the event of such a determination, no physical location need be noticed or made available to the public for in-person attendance, and all members and non- members may participate remotely. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget, and Appropriations City Administration Committee Meeting May 25, 2022 Page 8 4.1 PIT – Request to Increase Funding for Capital Project #906 for Enterprise-Wide Permitting Software Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. WHEREAS, the Department of Public Information & Technology submitted a capital project proposal which was approved as part of the 2022 City of Ithaca Budget in the amount of $100,000 to purchase OpenGov software for the purpose of enterprise-wide permitting; and WHEREAS, several software demonstrations have been conducted over the past year which included staff from the Department of Planning, Building and Economic Development, Ithaca Fire Department, Ithaca Police Department, Department of Public Works (Engineering, Streets & Facilities, Water & Sewer), and the Department of Public Information Technology; and WHEREAS, each of the aforementioned departments have identified multiple permitting processes that they believe would become more efficient, collaborative, and transparent through the use of OpenGov Software; and WHEREAS, OpenGov software is web-based and allows information to be shared across departments in the office or in the field through a robust mobile device platform, and it also integrates with existing city software programs such as Laserfiche for document management, and MUNIS for financial processing and WHEREAS, the Town of Ithaca is in the process of deploying their OpenGov permitting processes which will allow a new level of access and flexibility for town and city staff, businesses, and members of the public who conduct business with both municipalities, and WHEREAS, the capital project cost submitted in May of 2021 was an approximation of what staff thought the product costs would be without an official quote from the company because the funding requests were due before the project could be completely scoped, and WHEREAS, the official quote for the purchase of the software, the development of automated processes, and other professional services exceeds the projected capital project cost by $63,525, and the annual subscription costs exceed projected costs by $42,000; now, therefore, be it RESOLVED, That Capital Project #906 be amended by an amount not to exceed $63,525 for a total project authorization of $163,525 for the procurement of OpenGov Software and related services through a cooperative purchasing agreement, and be it further RESOLVED, That funds necessary for said software project amendment be allocated from existing American Rescue Plan Act (ARPA) funds. A vote on the resolution resulted as follows: Passed unanimously. 4.2 Access Oversight Committee Budget Amendment City Administration Committee Meeting May 25, 2022 Page 9 Moved by Alderperson McGonigal. Seconded by Alderperson Defendini. WHEREAS, Section 15.12 of the Franchise Agreement of January 2003 between the City of Ithaca and the franchisee Time Warner Entertainment-Advance/Newhouse Partnership (TWC) (“Franchise Agreement”), subsequently assigned to Charter Communications, Inc. d/b/a Spectrum Networks (Charter) after Charter's 2016 acquisition of TWC, requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide the franchisee with an annual written budget for Public, Educational and Governmental access operations (PEG) by June 30 of each calendar year; and WHEREAS, Section 15.12 of the Franchise Agreement requires that PEG Access Staff provide the Access Oversight Committee (AOC) with budget recommendations for the following year by April 30; and WHEREAS, the Franchise Agreement authorizes Charter Communications to collect $0.15 per subscriber per month to be used for the purchase of PEG equipment; and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the Participating Municipalities with a recommended budget for the following year by May 31; and WHEREAS, the AOC has reviewed PEG’s current equipment and anticipates that new or replacement equipment might be needed; and WHEREAS, the AOC recommends earmarking up to $1,000 to facilitate a new PEG website, pursuant to the attached budget; and WHEREAS, the AOC recommends a $50,000 contingency to purchase equipment as needed for the functioning of PEG operations, pending receipt and AOC approval of line-item estimates; now, therefore be it RESOLVED, That Common Council hereby accepts Access Oversight Committee recommended budget for Spectrum Tv’s 2022 annual budget for Public Educational and Governmental access operations. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Authorization of FY22 Implementing Crisis Intervention Teams- Community Policing Development Solicitation Application Moved by Alderperson Defendini. Seconded by Alderperson McGonigal. WHEREAS, in 2021 the City of Ithaca Common Council resolved to evaluate existing models and implement an alternative law enforcement response system for crisis intervention and wraparound health and human service delivery; and City Administration Committee Meeting May 25, 2022 Page 10 WHEREAS, the U.S. Department of Justice Community Oriented Policing Services (COPS) grant program makes federal funds available to advance work that promotes civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and build trust between law enforcement and the community; and WHEREAS, the goal of FY22 Implementing Crisis Intervention Teams solicitation is to provide funding to support the implementation of crisis intervention teams, including embedding behavioral or mental health professionals with law enforcement agencies, training for law enforcement officers and embedded behavioral or mental health professionals in crisis intervention response, or a combination of these; and WHEREAS, the Common Council of the City of Ithaca recommits itself to implement an alternative response crisis intervention model to address concerns; now, therefore, be it RESOLVED, That the Acting Mayor of the City of Ithaca, is hereby authorized and directed to submit an application in accordance with the provisions of the Department of Justice FY22 Implementing Crisis Intervention Teams - Community Policing Development Solicitation O-COPS-2022-171166, in an amount not to exceed $350,000, and upon approval of said request to enter into an execute a project assessment for such financial assistance to the City of Ithaca for recruitment, training, and associated costs for the establishment of Crisis Intervention Teams; and be it further RESOLVED, That the Acting Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Chief of Police is hereby authorized to execute all certifications and reimbursement requests for funding on behalf of the City of Ithaca in connection with the advancement or approval of the Project and providing for the administration of the Project; and be it further RESOLVED, That this resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Finance – Bond Approval – Cass Park Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. The bond resolution for Cass Park Rink Renovations in the amount of $400,000. A vote on the resolution resulted as follows: Passed unanimously. 4.5 Finance – Bond Approval – College Avenue Moved by Alderperson Nguyen. Seconded by Alderperson Barken. The bond resolution for College Avenue Reconstruction in the amount of $1,850,000. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting May 25, 2022 Page 11 4.6 Finance – Bond Approval – State Street Moved by Alderperson Nguyen. Seconded by Alderperson Barken. The bond resolution for State Street/MLK Jr. Street Improvements in the amount of $100,000. A vote on the resolution resulted as follows: Passed unanimously. 4.7 Finance – Bond Approval – Stewart Avenue Moved by Alderperson Nguyen. Seconded by Alderperson Barken. The bond resolution for Stewart Park Bridge Imp in the amount of $110,000. A vote on the resolution resulted as follows: Passed unanimously. 4.8 Police – Emergency Repair Authorization for IPD HVAC System Moved by Alderperson Barken. Seconded by Alderperson Nguyen. WHEREAS, the HVAC system at the IPD building recently failed and is in need of immediate repair to provide air conditioning as we approach summer, and limitations on temporary air conditioning units prevent adequate cooling for the entire building, and WHEREAS, the estimated cost of repairs is $100,000 which normally requires the City to seek competitive bids unless there is an emergency situation, and WHEREAS, a competitive bid process will extend the repair time from 5 weeks to 8 or 9 weeks, bringing the completion date to early August and increasing the cost of temporary air conditioning unit rentals, now, therefore, be it RESOLVED, Common Council agrees that the loss of air conditioning capability at the Ithaca Police Station at the start of summer constitutes an emergency, and further be it RESOLVED, Common Council agrees to waive the competitive bid requirement for this particular project in order to make timely repairs, and that funds for this project be obtained from Capital Project 836 which was established for emergency repairs at City facilities. A vote on the resolution resulted as follows: Passed unanimously. 4.9 Common Council – Request to Release Restricted Contingency Funding for Community Justice Center Moved by Alderperson Barken. Seconded by Alderperson Defendini. City Administration Committee Meeting May 25, 2022 Page 12 WHEREAS, as part of the authorized 2022 City Budget, $307,666 was included in the Restricted Contingency account for the City Share of the Community Justice Center a jointly funded City/County collaborative to implement the Reimagining Public Safety plans, and WHEREAS, the County is putting together the Community Justice Staffing and program funding for 2022, including a Project Director, Data Analyst and Admin Assistant and related fringe benefits and other program expenses at annual estimated cost of $276,906, and WHEREAS, the City already funded $124,430, which was transferred from Unrestricted Contingency in 2021 and encumbered to 2022 for the Community Justice Center City share of funding, but this amount did not include funding for a shared Admin Assistant position, and WHEREAS, the estimated additional City share funding need for 2022 is $14,023 for the Admin Assistant position: now, therefore, be it RESOLVED, That Common Council hereby release an amount not to exceed $14,023 from account A1990 Restricted Contingency and transfer it to account A3020-5435 Community Justice Center contracts for the purposes of funding the City share of an Admin Assistant position for the City/County jointly funded Community Justice Center. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion 5.1 Gifting and Solicitation Policy City Attorney Lavine explained the purpose of the policy and what was allowed when it comes to the acceptance of donations, gifts of goods, services, or funds or whether the City could donate to outside organizations. 5.2 Rules of Procedure Chairperson Cantelmo has a copy of the working document on the Rules of Procedure that governs meetings and Committees. He asked for two volunteers to review the edits and present an updated draft to this Committee at a future meeting. Anyone who was interested in editing this document were asked to contact Chairperson Cantelmo. 5.3 An Ordinance Amending Chapter 215 of the City of Ithaca Municipal Code Entitled “Human Rights Protection” to Add Article VII “Protection of Reproductive Rights” WHEREAS, the City of Ithaca hereby affirms and expresses support that the core values of our community include creating a climate of welcome and inclusiveness, protecting and preserving democracy, freedom, human rights, and the dignity of all people; and City Administration Committee Meeting May 25, 2022 Page 13 WHEREAS, the 2019 Reproductive Health Act affirmed New York State’s commitment to comprehensive reproductive healthcare as a fundamental component of health, privacy, and equality; and WHEREAS, in anticipation of an expected Supreme Court ruling, some state legislatures have moved to criminalize out-of-state abortions; and WHEREAS, the New York State Legislature is actively considering the A10148 the Reproductive Freedom and Equity Program Act; now therefore ORDINANCE 2022- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1. That the protection of reproductive rights is essential to healthcare and the wellbeing of individuals. 2. That New York State legalized abortion in 1970 prior to the landmark Roe v. Wade case enshrined these protections in the U.S. Constitution. Based on the above findings of fact, and consistent with the Tenth Amendment to the United States Constitution, the enactment of this Article is intended to achieve the following objectives, Section 2. §215 of the City Code is hereby amended to add at the end thereof a new Article VII to read as follows: Article VII Protection of Reproductive Rights §215-47 The purpose and intent of this Article is to recognize the importance of reproductive healthcare as a matter of health, privacy, and equality and to ensure, to the greatest extent permitted by law, that those rights are upheld for all residing within the City of Ithaca. §215-48 Persons not to be detained. A. No city resources, including, but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for: 1) Detaining persons for performing or aiding in the performance of an abortion within this state, or in procuring an abortion in this state, if the abortion is performed in accordance with the provisions of Article 25A of the Public Health Law or any other applicable New York State law, or 2) Cooperating with or providing information to any individual or out-of-state agency or department regarding the provision of a lawful abortion performed in the state. City Administration Committee Meeting May 25, 2022 Page 14 B. Nothing in this section shall prohibit the investigation of any criminal activity in this state, provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual. C. Any person detained in violation of this section may bring an action in any court of competent jurisdiction for a claim of unlawful detention in violation of this section, for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule. Section 3. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Chairperson Cantelmo made a motion to add this item to the agenda as a voting item. Seconded by Alderperson Defendini. After discussion, Chairperson Cantelmo stated that the motion failed. 6.. Meeting Wrap-up 7.1 Announcements Juneteenth Celebration: There will be a bicycle activity during the Juneteenth Celebration at Southside Community Center. Kickball Game: There will be a kickball game between the Greater Ithaca Activities Center [GIAC] staff and the Ithaca Police Department tomorrow at 11:00 a.m. at the ball field across from GIAC. 6.2 Next Meeting Date: June 22, 2022. 6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson Defendini, the meeting was adjourned at 8:13 p.m.