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HomeMy WebLinkAboutMN-CC-2011-11-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. November 2, 2011 PRESENT: Mayor Peterson Alderpersons (10) McGonigal, Dotson, Rosario, Clairborne, McCollister, Zumoff, Rooker, Myrick, Cogan, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Parsons City Chamberlain - Parsons PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: City Attorney Hoffman requested the addition of an Executive Session to discuss pending litigation as part of the “Report of City Attorney”. No Common Council Member objected. PROCLAMATIONS/AWARDS: 3.1 Presentation of Employee Quarterly Recognition Award: Mayor Peterson announced that Charles Pyott, Office Assistant, Planning and Development Department, was the recipient of the Employee Quarterly Recognition Award. She noted that Economic Development Director Philly DeSarno nominated Charles for the award recognizing him as being a quick learner, very helpful, pleasant and professional, and being able to grasp the department’s complex work plan quickly. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Mayor’s Amended Executive Budget for 2012 as approved by the Committee of the Whole By Alderperson Cogan: Seconded by Alderperson Myrick RESOLVED, That the Public Hearing to Consider the Mayor’s Amended Executive Budget for 2012 as approved by the Committee of the Whole be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing: By Alderperson Cogan: Seconded by Alderperson Mohlenhoff RESOLVED, That the Public Hearing to Consider the Mayor’s Amended Executive Budget for 2012 as approved by the Committee of the Whole be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Update from City of Ithaca Youth Council – Jen Handy Jen Handy, Ithaca Youth Bureau, and September Johnson, Youth Council Member, addressed Common Council to provide an update on the Youth Council’s activities. The Youth Council’s 2011/2012 theme is “Ithaca’s Youth Matters”. Ms. Johnson reported that the Youth Council hosted a Mayoral forum for the Democratic candidates in August before the primary election, and has another scheduled for all candidates before the general election. They also circulated a Common Council candidate survey and hosted a forum with the Council candidates as well. The Youth Council is preparing a legislative brochure which contains a glossary of terms related to government order and procedures. Ithaca Youth Council member Cody November 2, 2011 2 Austern-Aceto is the Youth Council liaison to the City of Ithaca Comprehensive Plan Committee, and is really interested and actively participating in that committee. The Youth Council would like to work on linking its members to various city boards and committees as well. The Youth Council is also working with Ithaca School Board member Sean Eversley-Bradwell to write an article for the school newspaper to address questions regarding the school district budget and bonds used for the construction currently taking place there. The Youth Council worked to assist in the rededication of former Mayor Stewart’s memorial garden at Stewart Park. Ms. Handy reported that there will be 4 new members appointed to the Youth Council in December and invited everyone to the swearing in ceremony. 5.2 Update from the Board of Fire Commissioners Board of Fire Commissioners Vice Chair Tom Hoard addressed Council to provide the following report: C. Thomas Parsons was sworn in as Fire Chief by the Mayor on October 13, 2011 in a brief ceremony at Central Fire Station. The Board of Fire Commissioners congratulated Chief Parsons on his appointment and also expressed its gratitude to Deputy Chief Tom Dorman who assumed the role as Acting Chief upon the retirement of former Chief Brian Wilbur. The Fire Department’s activity reports for January - September have been forwarded to the Council under separate cover. As of October 1, 2011, the active Fire Fighting staff totaled 61 (on duty staffing, 1 Acting Chief, 1 Deputy Chief, 5 Assistant Chiefs, 8 lieutenants, & 46 Fire Fighters). There are two additional fire fighters on injury leave. Current open positions are 6 Fire Fighters (2 are unfunded and 4 are funded). The City and the Fire Fighters unions are currently in contract negotiations. As of September, an agreement has not been reached regarding filling the funded but unfilled positions. The Department's 2012 budget has been presented to the Common Council. This budget calls for a reduction of between 6-7% from the 2011 budget. This reduction is accomplished primarily by not funding a number of the currently vacant positions in the department. The department responded to a number of flooding calls locally during the storms in August and September. In one 28-hour period there were 103 calls responded to. In addition, a water rescue team was dispatched to Schoharie County to help during Hurricane Irene. The cost of this aid will be covered by State and Federal emergency funds. The volunteer Fire Police unit continues to develop and meets monthly for training. They are available for traffic control at the scene of fire or traffic incidents. They provided valuable assistance to the department and community during the multiple flooding incidents that occurred in August and September. Members of this unit are interested in recruiting new volunteers to serve. Items in progress: Charter Review- the Board of Fire Commissioners continues to review and discuss changes in the charter relating to the role and responsibilities of the Board of Fire Commissioners. Resource recovery - no action to report on this issue. Training Center Facility Project - the City Parks Commission has recommended granting a waiver that will allow the expansion of classroom space at the IFD training center to proceed. This recommendation has been forwarded to the Board of Public Works for discussion. November 2, 2011 3 The Board is working with the City Clerk's Office to begin posting the Board's meeting agendas and minutes on the City Website. The Board of Fire Commissioners has noted and discussed the Town of Ithaca Board’s exploration of options regarding the provision of fire service within the Town. The Board of Fire Commissioners has expressed its interest in working more closely with the exploration sub-committee and members of the Town Board on this issue. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Sara Hess, City of Ithaca, addressed Common Council in support of the proposed resolution regarding not leasing city land for natural gas drilling. She stated that it is very important to protect the city’s drinking water through the many tributaries from the Town of Caroline, Town of Dryden, Town of Danby, and Town of Ithaca, which are all included in the city’s watershed area. She expressed her thanks to Common Council and staff for their work on this topic, especially former Alderperson Maria Coles. Fay Gougakis, City of Ithaca, expressed her thanks to Common Council for the proposed resolution regarding not leasing city land for natural gas drilling. She noted the importance of doing everything possible to protect the City’s watershed area. Joel Harlan, Town of Newfield, addressed Common Council regarding affordable housing needs and economic development in the City. David Gower, City of Cortland, addressed Common Council to promote a vision for the Emerson Power Transmission site on South Hill as a potential “Cayuga Edison National Center for Cleantech – Commercialization”. He explained how that vision might be achieved. Andrew Middleten, Skaneateles, New York, voiced his support for comments made by Mr. Gower about the potential future development of the Emerson Power Transmission site. He noted that many talented young people leave Ithaca after graduation from the local colleges and university that might remain in the area if this vision was brought to life. Bruce Abbott, Town of Lansing, requested that Common Council pass a resolution to request State and Federal monies be made available for the development of energy producing enterprises. Don Austen, City of Ithaca, addressed Common Council regarding the “Occupy Wall Street” movement taking place across the country from New York City to California. He encouraged Common Council to issue a statement to speak out against the violence being shown to protesters. Neil Oolie, City of Ithaca, addressed Common Council regarding the need to protect the City’s drinking water source, and in support of the resolution to not allow the leasing of city land for gas drilling. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Rosario responded to comments made about not allowing the leasing of City land for natural gas drilling. He noted that next month there would be a resolution for Common Council’s consideration to ban all hydro-fracking in the City of Ithaca. Mayor Peterson stated that she supports the 3 City of Ithaca Propositions on the ballot for consideration by the City of Ithaca voters for November 8, 2011. She stated that the City would put out additional information to clarify some of the questions and concerns that have arisen. She noted that the Board of Fire Commissioners was involved in the preparation of the proposed legislation, as well as department heads, and all were asked to provide feedback. She further noted that she talked about the proposed propositions at the May 18th, 2011 Board of Public Works meeting as well. November 2, 2011 4 CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Request to Transfer Funds from Unrestricted Contingency for Financial Software Upgrade - Resolution By Alderperson Clairborne: Seconded by Alderperson Cogan WHEREAS, the City’s financial software, MUNIS is now due for an upgrade, and WHEREAS, this upgrade will move our existing server from SQL 2000 to SQL 2005 and upgrade the MUNIS version from 7.2 to 8.3 at a cost of $6,219; now, therefore be it RESOLVED, That Common Council hereby approves the transfer of an amount not to exceed $6,219 from Account A1990 Unrestricted Contingency to Account A1320-5210 Information Technologies Contracts for the purpose of upgrading the current MUNIS Financial System. Carried Unanimously 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Prohibiting the Leasing of City of Ithaca-Owned Land for Hydraulic- fracturing Natural Gas Drilling and Extraction - Resolution By Alderperson Rosario: Seconded by Alderperson Dotson WHEREAS, it is increasingly clear that drilling for natural gas using high-volume slick- water hydraulic-fracturing (hydrofracking) may have severe adverse impacts on communities and the environment, and WHEREAS, the City of Ithaca owns property and land within the City of Ithaca for various uses and purposes including: areas of preservation including the Six Mile Creek and Ithaca Falls Natural Areas, parkland for public recreation and amusement such as Cass Park and Stewart Park, as well as land for other City facilities; and WHEREAS, the City of Ithaca also owns property and land outside the City of Ithaca for various uses and purposes, including a portion of “substitute” parkland in the southwest area of the City, which extends into the Town of Ithaca; and WHEREAS, the State of New York gives local governments the authority to enact local laws, ordinances, and policies not inconsistent with the provisions of the State constitution or any general law; and WHEREAS, the City of Ithaca is vested with the authority and power to regulate, manage, and control its property under General City Law; and WHEREAS, the Common Council of the City of Ithaca has authority to approve or deny any lease(s) of City owned land; and WHEREAS, the Board of Public Works has the authority to grant approval or deny any temporary easement(s), not exceeding a year, of City owned land under the City Municipal Code Chapter 170, entitled “Use of City Real Property”; and WHEREAS, the City of Ithaca has historically demonstrated and continues to support its commitment to preserving the beauty, quality, use, and ecologic and environmental integrity of all land within the City of Ithaca, but especially land owned by the City of Ithaca, through establishment and passage of Code provisions supporting City programs such as the Conservation Advisory Council, Parks Commission, Natural Areas Commission, City Bicycle/Pedestrian Advisory Council, Shade Tree Advisory Committee, and the City’s urban forestry program; and WHEREAS, the Six Mile Creek watershed is the primary watershed for the City of Ithaca; and WHEREAS, a portion of Six Mile Creek watershed is owned by the City as a Natural Area; and WHEREAS, the activity of drilling on and transporting natural gas from City-owned land, with the attendant well pads, roads, pipelines, and ancillary facilities, may damage the November 2, 2011 5 value of the land by alienating the public from use and enjoyment of such land, threatening water resources, impairing habitat value for forest-dwelling species, removing natural vegetation cover, and allowing invasive species to become established; and WHEREAS, such activity would undoubtedly place added stress on species that may increasingly come under stress from the impacts of natural gas drilling; and WHEREAS any economic boost to the City from leasing City-owned land for development and sale of natural gas is short term, and will foreclose the long-term benefit to the City of tourism and enjoyment of City-owned land by residents of Ithaca and its surrounding areas, and WHEREAS, it is clear that from a long-term environmental, economic, and social perspective the value and integrity of City-owned land will be much greater if left unimpaired by the impacts of gas drilling than if such drilling is allowed to occur, now therefore be it RESOLVED, That the City of Ithaca will not lease or in any way consent to the use of any City-owned land, whether located within or outside the City of Ithaca, for high- volume, slick-water hydraulic-fracturing to extract natural gas, and be it further RESOLVED, That the Mayor is hereby requested to investigate, on behalf of the City, legally binding means by which the protection of City-owned land, as intended by this resolution, could be ensured on a permanent basis (such as through the conveyance of conservation easements, for parkland and natural areas). Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Dotson RESOLVED, That the first Whereas clause be amended to read as follows: “WHEREAS, it is increasingly clear that drilling for natural gas using high-volume slick- water hydraulic-fracturing (hydrofracking) is likely to have severe adverse impacts on communities and the environment, and” Ayes (9) Dotson, Rosario, Clairborne, McCollister, Zumoff, Myrick, Rooker Mohlenhoff, Cogan Nays (0) Abstentions (1) McGonigal Carried Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Cogan RESOLVED, That a new 2nd Whereas clause be added to the Resolution that would read as follows: “Whereas, for example, a Duke University study published in May 2011, and cited in the November 2011 issue of the Scientific American, found that methane levels in dozens of drinking-water wells within a kilometer (3,280 feet) of new fracking sites were 17 times higher than in wells farther away.” Carried Unanimously Amending Resolution: By Alderperson Rosario: Seconded by Alderperson McCollister RESOLVED, That the new 10th Whereas clause be amended to read as follows: “WHEREAS, the Six Mile Creek watershed is the primary watershed, and source of drinking water for the City of Ithaca; and” Carried Unanimously Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Dotson RESOLVED, That the new 4th Whereas clause be amended to read as follows: “WHEREAS, the City of Ithaca also owns property and land outside the City of Ithaca for various uses and purposes, including a portion of “substitute” parkland in the southwest area of the City, which extends into the Town of Ithaca, including hundreds of acres of city-owned land along Six Mile Creek that extends into the Town of Ithaca and Town of Dryden; and” November 2, 2011 6 Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended Resulted as Follows: Carried Unanimously Common Council members expressed their thanks to Assistant City Attorney Krin Flaherty for her hard work on the development of the Resolution. CITY ADMINISTRATION COMMITTEE: 10.1 Adoption of 2012 Budget - Resolution By Alderperson Clairborne: Seconded by Alderperson Rooker WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2012 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2012, and as those amounts may be altered by action of this Common Council at its November 2, 2011 meeting, are adequate for the operation of the City during 2012; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2012, together with any additional changes made in said budget at Council's November 2, 2011 meeting as the City of Ithaca Budget for 2012, in the total amount of $61,560,334, and be it further RESOLVED, That the following sections of the 2012 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) General Fund Revenues F) Water Fund Revenues G) Sewer Fund Revenues H) Solid Waste Fund Revenues I) Debt Retirement Schedule J) Capital Projects K) Schedule of Salaries and Positions - General Fund L) Schedule of Salaries and Positions - Water & Sewer Fund M) Schedule of Salaries and Positions - Solid Waste Fund N) Authorized Equipment - General Fund O) Authorized Equipment - Water Fund P) Authorized Equipment - Sewer Fund Q) Authorized Equipment - Solid Waste Fund Ayes (8) Dotson, Rosario, Clairborne, McCollister, Rooker, Myrick Mohlenhoff, Cogan Nays (2) Zumoff, McGonigal Abstentions (0) Carried 10.2 Adoption of 2012 Tax Rate – Resolution By Alderperson Clairborne: Seconded by Alderperson Rooker WHEREAS, the 2012 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $61,560,334 on November 2, 2011, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $41,997,559 leaving $19,562,775 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2012 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $1,512,975,624, and November 2, 2011 7 WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $29,277,269 for 2012; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2012, be, and the same hereby is, established and fixed at $12.93 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2012, Tax Roll, thereby making a total tax levy, as near as may be, of $19,562,775, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $12.93 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $61,560,334 be appropriated in accordance with the Budget adopted to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2012 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $3,868,931,508 Less: Value of Exempt Property $2,384,747,000 $1,484,184,508 Plus: Value of Special Franchises $ 28,791,116 Net Value of Taxable Property $1,512,975,624 Mayor Peterson thanked all departments and department heads for their hard work on the 2012 budget. She also thanked Common Council members for their work in keeping the budget under the tax cap and keeping the tax rate and tax levy low. A vote on the Resolution resulted as follows: Carried Unanimously (11-0) (Mayor Peterson voted aye) 10.3 Adoption of 2012 Ithaca Area Wastewater Treatment Plant Budget - Resolution By Alderperson Clairborne: Seconded by Alderperson Zumoff WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2012 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2012 and as those amounts may be altered by action of the Common Council at its November 2, 2011 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2012; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2012, together with any additional changes made in said budget at Council’s November 2, 2011 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2012, in the total amount of $3,734,277, and be it further November 2, 2011 8 RESOLVED, That the following sections of the 2012 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A. Joint Activity Fund Appropriations B. Joint Activity Fund Revenues C. Schedule of Salaries and Positions – Joint Activity Fund D. Authorized Equipment – Joint Activity Fund Carried Unanimously Alderperson Clairborne expressed his thanks to the Mayor, City Controller, and Department Heads for all their work on the 2012 budget. He noted that it has been a difficult year with many tough decisions to be made. 10.4 Adoption of City of Ithaca Anti-Discrimination and Anti-Harassment Policy - Resolution By Alderperson Clairborne: Seconded by Alderperson Rosario WHEREAS, Federal, New York State, Tompkins County and City of Ithaca laws prohibit, in general terms, discrimination in employment that is based on one’s membership in certain defined categories, and WHEREAS, harassment in the workplace, whether or not it is criminal in nature or based on one’s membership in any such category, has been and continues to be unacceptable to the City of Ithaca as a responsible employer, and WHEREAS, the Mayor and Common Council of the City of Ithaca wish to establish an anti-discrimination and anti-harassment policy that is specific and applicable to all aspects of the day-to-day operations of the City; now therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby adopts the Anti- Discrimination and Anti-Harassment Policy dated November 2, 2011, and, be it further RESOLVED, That said policy shall be distributed to all current and future City employees, and that the Human Resources department shall maintain a record indicating receipt of the policy by each employee. Carried Unanimously City of Ithaca Anti-Discrimination and Anti-Harassment Policy November 2, 2011 Statement of Policy The City of Ithaca is committed to maintaining a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment and hostile behaviors. Therefore, the Mayor and Common Council expect that all relationships and interactions among persons in the City work environment will be professional; respectful; and free from bias, prejudice, hostility, and harassment. The State of New York and the City of Ithaca prohibit discrimination based on the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sexual orientation; or socioeconomic status of an individual. All such discrimination is unlawful and will not be tolerated. Additionally, the City does not allow bias-based harassment, or harassment of any other kind, in its workplace. The City of Ithaca is committed to taking all reasonable steps to prevent discrimination and harassment from occurring in its workplace. Definitions Discrimination: Treating an individual differently because of the individual’s membership in the above mentioned categories. Discrimination based on membership in these categories (other than providing reasonable accommodation for differently- abled persons) is prohibited by federal, state, or local laws. November 2, 2011 9 Harassment: Unwanted, unreasonable verbal or physical conduct directed toward or affecting another person that annoys, disturbs, frightens, insults or offends that other person, that continues or is repeated after a request to cease, and that: 1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; 2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or 3) otherwise adversely affects an individual’s employment opportunities. Harassment includes bias-based harassment and sexual harassment. Bias-Based Harassment: Harassment that denigrates, offends or shows hostility or aversion toward an individual because of his/her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sexual orientation; or socioeconomic status; or that of his/her relatives, friends, or associates. Bias-based harassment includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes; and written or graphic material that denigrates, ridicules, objectifies, or shows hostility, aversion or contempt toward an individual or group and that is placed on walls, bulletin boards, lockers or elsewhere on or in the employer’s premises, vehicles, or equipment, or is circulated in the workplace, including through electronic means. Scope of Policy This policy applies to all City officers and employees. This policy applies to all aspects of the relationship between the City and its employees, including but not limited to: recruitment, employment, promotion, training, working conditions, and benefits. Also, employees of the City shall not discriminate against independent contractors, volunteers, personnel employed by temporary agencies, applicants, customers, the general public, and any other persons or agencies doing business for or with the City. It is the expectation that independent contractors shall not discriminate against City employees. If any contractor violates this policy, appropriate action will be taken. Department heads and supervisory personnel are responsible for ensuring a work environment free from unlawful discrimination or harassment. These individuals must take immediate and, if authorized, appropriate corrective action when allegations of discrimination or harassment come to their attention to assure compliance with this policy. Should a department head or supervisor not be authorized to take corrective action, the matter shall be referred to the individual or body, as the case may be, having the authority to take corrective action. Reporting and Investigating Any City officer or employee who witnesses or experiences an incident of suspected discrimination or harassment shall report the incident to the appropriate department head or to the Human Resources Director, or their designees, as soon as possible after an alleged incident. Complaint Procedure Informal Procedure: Some situations may be resolved in an informal manner by the Department Head or supervisor without the need for a formal complaint and investigation. Disciplinary action may not be imposed without a formal complaint being filed, and a finding, after investigation, that there is probable cause to believe discrimination or harassment occurred. An individual reporting harassment, discrimination, or retaliation should be aware; however, that the City of Ithaca may decide it is necessary to take action to address such conduct beyond an informal discussion. This decision will be discussed with the individual making the complaint. Formal Procedure A formal complaint must be in writing and must include the act(s), complained about, identify the person or persons alleged to have committed such act(s), and indicate the approximate dates, if known, when the act(s) occurred. Employees and officers can fill out the form themselves, or ask for help from their supervisor, Department Head, or the November 2, 2011 10 Human Resources Director. A formal complaint shall be filed with the Department of Human Resources. Investigation Procedure Once a formal complaint has been received, the Human Resources Director or the Director’s designee will commence a prompt investigation of the allegations in the complaint and will report the results of the investigation to the complainant’s Department Head or to the Mayor, as appropriate. The investigation should be concluded within sixty (60) days of the filing of the formal complaint. The investigation may be expanded if additional allegations are uncovered during the investigation. The investigation may include but is not limited to: identifying the alleged harasser, separately interviewing witnesses, meeting with the person accused to inform her/him of the complaint and informing her/him that retaliation is prohibited, interviewing the accused person regarding the allegations, interviewing witnesses, and determining whether or not there is probable cause to believe that the allegations are true. Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and resolution of objectionable behavior. Complaints should be filed within one year of the alleged harassment. Post-Investigation and Appeal Procedure Unfounded Complaints: If, after an investigation, a complaint is determined to be unfounded, the Human Resources Director will inform the complainant(s) and the accused that the complaint is unfounded. The Human Resources Department will maintain a confidential record of the investigation. Founded Complaints If a complaint is founded, the Human Resources Director and the Department Head or Mayor will meet with the person accused and his/her union representative, if the accused is represented, and explain the findings of the investigation. The accused will have an opportunity to accept the findings and any corrective and/or disciplinary action, or to oppose the findings and file a grievance through his/her collective bargaining unit. The Human Resources Department will maintain a confidential record of the investigation. In the event that either the employee alleging discrimination or harassment, or the employee being charged with discrimination or harassment, is not covered by a labor contract, the employee may exercise the employee’s appeal rights provided for by Civil Service Law, Section C-26.1 of the City Charter, or Article 1 of Chapter 90 of the Code of the City of Ithaca, as appropriate. Corrective and Disciplinary Action Corrective and disciplinary action for discrimination or harassment may include, but is not limited to, any of the following: attending individualized training; verbal warning; written reprimand; work restrictions; monetary fine; salary reduction or limitation; demotion; suspension; dismissal. Confidentiality The City wishes to create a safe and comfortable environment in which employees are not afraid to discuss concerns and complaints, or to seek general information about discrimination, harassment, or retaliation. The City recognizes that employees may be concerned about the confidentiality of information they share and will strive to preserve confidentiality to the fullest extent possible. Employees must understand that their anonymity cannot always be maintained, especially if disciplinary action is warranted. Filing Complaints with Outside Agents This internal complaint and investigation process does not substitute for or remove the rights of employees or officers to bring charges of discrimination or harassment with local, federal, and state agencies. Those agencies have specific time limits within which November 2, 2011 11 complaints can be brought, and employees or officers should consult each agency as to the proper procedure or time limit. Support Services Individuals involved in discrimination or harassment complaints are encouraged to seek assistance through the Employee Assistance Program or the Human Resources Department. Responsibilities of Managers and Supervisors All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from harassment and discrimination and its effects. All managerial and supervisory staff who receives harassment or discrimination complaints will be responsible for immediately forwarding such complaints to either their Department Head or the Director of Human Resources for investigation. The City shall conduct training for managerial and supervisory staff in each department on the issues surrounding harassment and discrimination, its effects and its appearances, and the role and responsibility of supervisory personnel in preventing incidents of harassment or discrimination and resolving complaints. The City shall also distribute this policy to all City employees and conspicuously post this policy at all City work sites. Copies of this policy will also be distributed to new employees as they are hired. Employees will be required to sign a statement that they have read and understood the policy. The City shall also conduct training for all City employees on the concept and definition of harassment and discrimination, the issues surrounding it, and ways in which to deal with it appropriately. Violation of Policy Violations of this policy, regardless of whether or not an actual law has been violated, will not be tolerated. The City of Ithaca will investigate every issue that is brought to its attention in this area and will take appropriate action. Retaliation Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately to the Human Resources Director and will be promptly investigated and addressed. Related Laws and Policies: 1. City Code - Human Rights Protection – Chapter 215 2. Sexual Harassment Policy 3. Workplace Violence Prevention Policy 4. Employee Standards of Conduct 10.5 City Controller’s Report City Controller Thayer expressed thanks to the Mayor, Common Council, Department Heads, and all City staff for their help in developing the 2012 City of Ithaca budget. He stated that difficult budget years are still ahead for the City and tough decisions will need to be made. He noted that the cooperation of all of the City’s staff will be critical. REPORT OF SPECIAL COMMITTEES: Alderperson Mohlenhoff announced that there would be a special Common Council meeting on Wednesday, November 30, 2011 at 5:30 p.m. for the Novak Consultants to present their report to Common Council on Department Performance Measures. REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Rooker announced that the “Young Professionals Group” would be having a one year celebration on November 17, 2011 from 5 - 7 pm at Delilah’s. There will be a $5 - $10 donation which will go directly to the United Way. November 2, 2011 12 Alderperson Rosario questioned the timeline for the bridge means restriction decision. City Attorney Hoffman responded that he is waiting for the environmental review to be completed which is expected on November 22, 2011. Alderperson Clairborne stated that he would like to review the proposal that was submitted by Cornell University. Alderperson Mohlenhoff announced that there would be a Public Information Session on the City’s Comprehensive Plan on November 14, 2011 from 7 - 9 pm at the Greater Ithaca Activities Center. Alderperson Clairborne provided a report as liaison to the Ithaca Urban Renewal Agency Board on the transfer of and debt for real estate to be transferred from Mutual Housing Association to Ithaca Neighborhood Housing Services. He noted that this will require State approval as well as IURA/Council approval. There is an expected increase in demand for housing downtown within the next five years. Of 1350 units, there currently is a .5% vacancy rate for housing downtown (2% to 7% justifies the need for new construction), and there is a gap in availability of moderate income housing. REPORT OF CITY CLERK: City Clerk Holcomb reported that continued monitoring in the lnlet indicates that the Hydrilla that was treated in October is degrading as expected; however, it appears to be continuing to grow in areas that were not treated. The Department of Environmental Conservation is taking the lead on an attempt to treat/remove the Hydrilla that remains in the Inlet south of the Route 79 Bridge before the end of the year. The City will be hosting a meeting with Assemblywoman Lifton, Senator O’Mara, Region 7 DEC Officials and the City, County and State representatives that have been working as the Hydrilla Task Force to discuss the future leadership and funding of the Hydrilla Remediation efforts for 2012. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that there has been no new litigation since last month. 17.1 Motion to Enter Into Executive Session to Discuss Pending Litigation – Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously Reconvene: Common Council reconvened into regular session with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the October 5, 2011 and October 25, 2011 Common Council Meeting Minutes – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Rosario RESOLVED, That the minutes of the October 5, 2011 and October 25, 2011 Common Council meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor