RICHARD D. EMERY ANDREW G. CELLI, JR. MATTHEW D. BRINCKERHOFF JONATHAN S. ABADY EARL S. WARD ILANN M. MAAZEL HAL R. LIEBERMAN DANIEL J. KORNSTEIN O. ANDREW F. WILSON ELIZABETH S. SAYLOR DEBRA L. GREENBERGER ZOE SALZMAN SAM SHAPIRO ALISON FRICK DAVID LEBOWITZ DOUGLAS E. LIEB ALANNA KAUFMAN JESSICA CLARKE EMMA L. FREEMAN DAVID BERMAN ASHOK CHANDRAN EMERY CELLI BRINCKERHOFF & ABADY LLP ATTORNEYS AT LAW 600 FIFTH AVENUE AT ROCKEFELLER CENTER 10TH FLOOR NEW YORK, NEW YORK 10020 TELEPHONE (212) 763-5000 FACSIMILE (212) 763-5001 WEB ADDRESS www.ecbalaw.com CHARLES J. OGLETREE, JR. DIANE L. HOUK October 25, 2017 By Hand Michael E. Lane, Chair Tompkins County Legislature Governor Daniel D. Tompkins Building 121 East Court Street, 2nd Floor Ithaca, New York 14850 Re: Karen Baer - Answer to Charges Dear Mr. Lane: This firm represents Karen Baer, the Director of the Tompkins County Office of Human Rights. This is Ms. Baer’s answer to the charges made against her by letter dated October 13, 2017. As set forth below, these charges are utterly without merit, and they arise as part of a politically and racially motivated campaign to silence Ms. Baer in her determination to speak out against racism and sexism in the County. The charges should be promptly dismissed without further delay. I. Statement of Facts a. Ms. Baer’s Track Record of Excellence at OHR Ms. Baer is a graduate of Cornell University and the Syracuse University College of Law, where she served on the Black Law Students Association and the Women’s Law Caucus. From 1997 to 2013, she served as the Executive Director and Fair Housing Assistance Program Director of the Geneva Human Rights Commission. In 2013, she was appointed Director of the Tompkins County Office of Human Rights (OHR). See Ex. 1 (resume). From the outset, Ms. Baer excelled at her job at OHR. Her performance review ranked her as “Outstanding/Highly Effective”—the highest on the performance scale. The review documents that Ms. Baer is a highly competent manager, who elevates her staff while boosting EMERY CELLI BRINCKERHOFF & ABADY LLP Page 2 productivity and morale. She makes her points well and with substantiation behind them, undertaking quick objective assessments, providing appropriate communication, knowledge in governing laws and regulations, and implementing sound strategies. She is, as the performance evaluation states, a “do-er” and a strong leader who takes a principled approach to the mission of her office and does not shirk from taking on formidable challenges. See Ex. 2 (review). To the apparent consternation of some County officials who remain antagonistic to the purpose and mission of the Office of Human Rights, Ms. Baer has transformed and revitalized OHR since she became Director in 2013. When she began her tenure, staff had fallen to one professional and one support person, the 15-person Commission had dwindled to five members and had not met for years, and complaints of discrimination had lingered without attention or action. Ms. Baer quickly turned the ship around. Ms. Baer’s accomplishments during her four years at the helm of OHR are too many to recite here. See Ex. 3 (overview of programs and initiatives). Some examples include: x Ms. Baer discovered that the County had allowed its memorandum of understanding with the New York State Division of Human Rights to lapse, but had continued to exercise jurisdictional powers over local discrimination complaints that it no longer possessed, in a way that misled the public and deprived County residents of their due process rights. Ms. Baer reviewed OHR’s entire caseload, reported her finding to County officials, recommended that all impacted parties be contacted and informed of their rights, developed new protocols for complaint-processing, and retrained OHR staff. x Ms. Baer uncovered evidence that the County had paid private contractors for an OHR website that did not exist. (When she reported the situation to County Administration, she was told to ignore the issue as there was “[n]o need to continue down Memory Lane.”) x Ms. Baer wrote and proposed a comprehensive local civil rights law that would broaden protections and enforcement powers not currently existing in the County’s AntiDiscrimination Law. x Earlier this year, Ms. Baer and her team drafted a local Fair Chance (Ban-the-Box) law and a Source of Income law that would provide protections for tenants who are discriminated against because they use Housing Choice Vouchers (Section 8). x Ms. Baer developed a Pre-Complaint Conciliation Program. x Ms. Baer broadened OHR’s education and outreach offerings, continuing longstanding programs such as the Annual Human Rights Arts Competition for K-12 students, but also adding new programs, including: “What Would MLK Say Today?” Poster Contest for adults; “Human Rights Day 4Kidz” Program; and “Who Wants to be a Fair Housing Champion?” Game Show, an interactive training module for tenants, landlords, realtors, and service providers. In addition, OHR provided specialized workshops for County departments relating to the County’s Language Assistance Plan (LEP/LAP), Service EMERY CELLI BRINCKERHOFF & ABADY LLP Page 3 Animal Policy Guidelines for Mental Health Workers, and LGBTQ+ training programs. x Ms. Baer created a SafeSpace Policy Toolkit for Law Enforcement and Corrections Agencies, designed to assist in drafting sound and inclusive policies that protect LGBTQ individuals in custody and in the workplace. x Upcoming events planned by Ms. Baer and her staff include the Freedom from Domestic Violence Workgroup Film Screening Event, the Cornell University Humphrey Fellows Panel Discussion, and trainings for the Ithaca City Police Department and the Tompkins County Department of Health. In sum, Ms. Baer’s contributions to the Office of Human Rights and to protecting the human rights of Tompkins County residents cannot be overstated. b. Ms. Baer Fights Back Against Racial Discrimination, Hostile Work Environment, and Retaliation Against Her and Other Employees of Color Ms. Baer has also been an outspoken critic of the discrimination and hostile work environment that she and other persons of color have experienced working for the County. In response to those efforts, Ms. Baer has been subjected to a campaign of retaliation by County officials, of which these trumped-up charges are, we believe, but the latest example. Starting in March 2015, there was a conflict within the Human Rights Commission between its white Chairperson (a former County Legislator) and the Commissioners of color who made up the majority of the Board. The conflict was infused with racial tension and implications. The County Administrator pressured Ms. Baer to support the white Chairperson’s bid to stay in power, notwithstanding the black Commissioners’ loss of confidence in her leadership. Ms. Baer expressed her discomfort to the Administrator about his strategy. Ms. Baer delicately tried to explain to the Administrator the racial implications of such a strategy and that it would send the message that black Commissioners should not stand up to a white Chairperson. Whenever Ms. Baer articulated the concerns of the Commissioners of color in discussions with the Administrator, he routinely rolled his eyes and had to be reminded of their names. As a result, Ms. Baer encouraged the Administrator to meet himself with the Commissioners of color to hear their concerns. He did not. On August 7, 2015, the Chairperson resigned to avoid a formal vote of no confidence. A week later, a meeting took place between County officials and the Commissioners of color. The meeting was fraught with hostility toward the Commissioners of color. County officials reprimanded and belittled the Commissioners of color for their actions and called into question whether they were capable of drafting their own no confidence resolution. After the meeting, County officials leaked confidential Commission documents and personnel records to the press, made negative statements to the press that besmirched Ms. Baer and the Commissioners of color, and stymied future Board appointments to the Human Rights Commission. The Administrator and his allies have continued to retaliate against Ms. Baer ever since. This letter provides some examples of the retaliation, discrimination, and hostile work environment Ms. Baer has experienced and witnessed in the last two years. EMERY CELLI BRINCKERHOFF & ABADY LLP Page 4 x In August 2015, Ms. Baer sought to fill two vacancies at OHR. The Administrator refused to allow that and retroactively applied a hiring freeze that went into effect almost one month after the hiring approval forms had been submitted. x In an August 2015 meeting, the Administrator quashed OHR’s proposal for a comprehensive anti-discrimination local law, which he had previously said he would consider. Ms. Baer was told to stop discussing the law in public and to provide the names of persons she had already discussed it with. x In November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator, Mr. Mareane, was in charge, there would be no comprehensive local anti-discrimination law and that she, personally, would not enjoy any further opportunities in the County. x The Administrator and other Legislators then stopped attending OHR events and programs. x One Legislator confirmed the presence of racial hostilities in the County and who the major promoters of those hostilities were, but refused to come to Ms. Baer’s aid. x In a public meeting, Ms. Baer was stripped of her authority to negotiate a new memorandum of understanding with the State Department of Human Rights (despite her white, male counterparts being given authority to negotiate similar agreements). By this time, negotiations had already come to a standstill after at least one Legislator told the State that all communications be directed to the Administrator, and not to Ms. Baer. x Ms. Baer was excluded from various human rights-related committees, while the only male department head in her cabinet was routinely placed on important County committees and working groups related to her areas of expertise. Ms. Baer is also the only department head in her cabinet who has not been invited to serve on a hiring search committee. x The Administrator stopped meeting with Ms. Baer individually and even cancelled her annual budget meeting. x Ms. Baer’s staff—all persons of color—have also been discriminated and retaliated against. For example, the Administrator said in a department head meeting that OHR staff were not “professional enough” to provide department training; an OHR Paralegal Aide was denied County leadership training; an OHR Education and Outreach Coordinator’s application to facilitate the County’s Reading and Discussion Group program was rejected; and Civil Service testing for OHR staff was inordinately delayed for three years and still pending. x The County then launched an initiative to formally downgrade the Director of Human EMERY CELLI BRINCKERHOFF & ABADY LLP Page 5 Rights civil service status for the purpose of eliminating certain protections. x In 2016, the Legislature considered a proposal to eliminate the OHR. In November 2015, Ms. Baer wrote a memo to the Legislature expressing her concern that she was being retaliated against because of her failure to support the white Chairperson against the black Commissioners. Ms. Baer requested that the Legislature work with her to undertake a conciliation effort designed to educate, heal, and move forward. Instead, the Legislature hired a private lawyer, who proceeded to investigate Ms. Baer, criticize her failure to support the white Chairperson in the conflict with the black Commissioners, and write a 150-page report that either distorted or ignored altogether Ms. Baer’s good faith concerns about the racial discrimination and hostile work environment she and other persons of color were experiencing. The process was obviously biased and unfair; for example, (1) the Administrator was present in executive sessions of the Legislature when Ms. Baer’s complaints about his remarks were discussed and (2) the former white Chairperson was permitted to present and contact her own witnesses. Unsurprisingly, the campaign of retaliation, hostile work environment, and discrimination continued unabated. Ms. Baer was not the only one who noticed the way employees of color were treated within the County workforce. In the spring of 2016, the County’s Workplace Climate Survey Initiative found that African-Americans are ranked among the most dissatisfied employees working for the County; and in post-survey focus groups (which Ms. Baer was not invited to participate in) the dominant theme expressed was: Diversity and Inclusion needs more attention. Unequal treatment in the workplace, ongoing occurrences of microaggressions, and the concern that County leadership is not taking the necessary measures to protect employees from disparate conduct and retaliation for complaining about it were the dominant themes across the groups when discussing diversity and inclusion. Many believe that ‘if you stand up for diversity or for your rights you will be shut down,’ which could take the form of not being promoted, being silenced in some way, or being shunned by your colleagues. See Ex. 4 at 2 (emphasis added). In the summer of 2016, Ms. Baer again reported to the Legislature her ongoing concerns about continued racial discrimination, hostile work environment, and retaliation, including that she and her staff were being excluded from County committees and conversations related to their areas of expertise and the general lack of professional opportunities being provided to them. She again suggested that a conciliation process was needed so that the racial implications of certain comments and actions could be explained to the County officials engaged in them and so that the EMERY CELLI BRINCKERHOFF & ABADY LLP Page 6 people of color in her office could be treated with respect. But instead the Legislature hired another private lawyer and tasked him with investigating and discrediting Ms. Baer’s allegations, rather than trying to respond to them in good faith. Cognizant of how the initial investigation was “turned around” on her, Ms. Baer appropriately requested on multiple occasions that the outside lawyer provide her with an explanation of the process he was following, hoping to be reassured that this was a legitimate and impartial investigation. All of her requests for such information went unanswered. . In July 2017, the outside lawyer issued yet another lengthy report, criticizing Ms. Baer, faulting her for not meeting with him (despite his refusal to respond to her requests about the process), and belittling her concerns about race discrimination and retaliation. Without any evidence whatsoever, the report concluded that Ms. Baer “created a dysfunctional environment” and “completely delegitimized the work of the OHR,” and, as a result, “the OHR can no longer carry out its functions and the Director can no longer carry out her duties.” On September 26, 2017, Ms. Baer authored an Op Ed in The Ithaca Voice, in which she explained her view that “OHR has struggled to get support for its bringing human rights home initiatives from County officials. At every turn, we have been met with strong resistance . . .” and documented some of the comments made by County officials that criticized OHR’s work on behalf of “those people.” See Ex. 5 (emphasis added). Just days later, Ms. Baer was escorted without any notice from her office, placed on an unpaid leave of absence, and presented with the charges to which this letter responds. II. Response to the Charges By letter dated October 13, 2017, Ms. Baer was accused of the following three baseless and retaliatory charges. Charge 1: Failure to Fulfill Duties Notwithstanding Ms. Baer’s excellent performance review and undeniable track record of accomplishments during her four years as Director, this charge faults Ms. Baer for three specific instances of allegedly failing to perform her job duties. Specification 1: the charge alleges that Ms. Baer refused to participate in the Legislature’s private lawyer’s so-called “investigation” into her own complaint of retaliation. This accusation ignores completely: Ms. Baer’s repeated requests for information about what the process would be and how her rights would be protected; the fact that none of these requests were ever responded to; and the fact that Ms. Baer’s prior report of discrimination was subjected to a similar “investigation” designed to fault Ms. Baer, deride her concerns about racism, and ratify the status quo, leaving Ms. Baer and her fellow employees of color to face additional discrimination and retaliation without protection. Ms. Baer is now being faulted for failing to meet with the Legislature’s lawyer, even though she told him she stood ready to meet with him so long as he gave her the information she needed to do so—which he never did. EMERY CELLI BRINCKERHOFF & ABADY LLP Page 7 Specification 2: the charge alleges that Ms. Baer improperly resigned from the County’s Workforce Diversity and Inclusion Committee (WDIC). This charge ignores that Ms. Baer was never assigned to sit on the WDIC; she volunteered to sit on the WDIC. Participating on the WDIC is not a required job duty in her job description and her office does not report to WDIC or its chair. See Ex. 6 (job description). Ms. Baer resigned from the WDIC after years of frustration with the committee’s lack of impact, after the WDIC Chair took credit for work OHR staff had done, and after the Chair helped expose OHR staff to a hostile work environment based on sexual orientation. Specification 3: the charge alleges that Ms. Baer improperly stepped down from the County’s Compliance Committee in 2015. This charge involves conduct more than two years in the past and therefore violates the statute of limitations set forth in Civil Service Law section 75, which provides: “no removal or disciplinary proceeding shall be commenced more than eighteen months after the occurrence of the alleged incompetency or misconduct complained of and described in the charges or, in the case of a state employee who is designated managerial or confidential under article fourteen of this chapter, more than one year after the occurrence of the alleged incompetency or misconduct complained of and described in the charges.” N.Y. Civ. Serv. Law § 75(4). In addition, Ms. Baer voluntarily agreed to sit on the Compliance Committee. She was not requested or directed to be a member. The obligation to sit on this Committee is not part of her job description. See Ex. 6. She resigned from the Committee when her staff had been decreased by 50% (due to the Administrator’s refusal to fill OHR staff vacancies) in order to ensure she had sufficient time to meet her actual job responsibilities. Nevertheless, Ms. Baer continued to engage OHR in enforcement and outreach activities related to compliance. For example, at the beginning of her tenure she drafted the County’s LEP/LAP plan, brought the County into compliance with the law, and continued to provide regular workshops for County (and City) departments on how to provide language assistance to persons with limited English proficiencies. Charge 2: Insubordination This charge goes so far as to characterize as “insubordinate” Ms. Baer’s reporting of discrimination and her reasonable requests that the lawyer the County hired explain his process to her and protect her from further retaliation. Just like the first charge, of which this is largely a cut-and-paste, this accusation ignores completely Ms. Baer’s repeated requests for information about what the process would be and how her rights would be protected; the fact that none of these requests were ever responded to; and the fact that Ms. Baer’s prior report of discrimination was subjected to an “investigation” designed to fault Ms. Baer, deride her concerns about racism, and ratify the status quo leaving Ms. Baer and her fellow employees of color to face additional discrimination and retaliation without protection. Charge 3: A “Dysfunctional Environment” Without any evidence or explanation, this charge repeats the County’s outside lawyer’s baseless assertion that Ms. Baer has created a “dysfunctional environment” at OHR. Tellingly, not a single example is provided of the alleged “dysfunctional environment” that, this charge EMERY CELLI BRINCKERHOFF 3: LLP Page 8 proclaims, has led to OHR and Ms. Baer being unable to operate. In fact, despite the nearly relentless retaliation Ms. Beer and her staff have faced, they have?against all the odds and apparently much to the dissatisfaction of the County Administrator and other of?cials?made incredible strides forward to better protect human rights throughout the County. See supra Part I. They are poised to do still more important work?work that will be cut off at its head if these charges are successful in pushing Ms. Baer out of her position and intimidating other County employees into fear and silence. Defenses As set forth above, Ms. Baer denies all of the charges against her as they are without any support and contradicted by the evidence. At least one charge is also outside the statute of limitations. In addition, Ms. Baer asserts the defense provided in section 75?b(2) and (3) of the Civil Service Law, which prohibits the County from dismissing or taking any other disciplinary action against an employee who discloses what she reasonably believes constitutes improper governmental action, which is de?ned as any violation of the law. Discriminating against Ms. Baer and her colleagues of color on the basis of race and subjecting them to a hostile work environment violates both State and federal law, as does retaliating against Ms. Baer with these charges for disclosing her reasonable belief that such discrimination was occurring. See N.Y. Civ. Serv. Law 7S-b(2) (3). IV. Conclusion The charges against Ms. Baer are without any merit. They should be dismissed without further burdening her so that she can return to the job she loves and excels at: bringing human rights home to Tompkins County. This letter does not purport to be an exhaustive description of Ms. Baer?s concerns or of all of the ways in which she has been retaliated against. All of Ms. Baer?s rights and legal claims are expressly reserved. Respectfully Submitted, Andrew Li. Zoe Salzman List of Exhibits Ex. 1: Karen Baer Resume Ex. 2: County Administrator?s Most Recent Review of Karen Baer?s Performance Ex: 3: OHR enforcement initiatives, programs, etc. Ex. Tompkins County?s Workplace Climate Initiative Ex. 5: Karen Baer Op Ed, Bringing Human Rights Home Again to Tompkins County, The Ithaca Voice (Sept. 26, 2017). Ex. 6: Job Description Exhibit 1 KAREN W. BAER, J.D. EDUCATION USDA NATIONAL FAIR HOUSING TRAINING ACADEMY TITLE VIII COMPLAINT PROCESSING (5-WEEK MODULE) Washington, D.C. 20059 Coursework: Fair Housing Law and Ethics; Critical Thinking and Investigations; Clear Writing Through Critical Thinking; The Psychological Impact of Racial Discrimination; Reasonable Accommodations and Modifications; Discovery Techniques and Evidence; Theories of Proof and Data Analysis; Negotiation Skills and Interviewing Technique; Standards for Testing Cases; Briefing Techniques; and Fair Housing Investigation Review. SYRACUSE UNIVERSITY COLLEGE OF LAW Syracuse, New York 13244 Degree: Juris Doctor, May 1995. Law Journal: Senior Notes & Comments Editor, Syracuse Journal of International Law & Commerce. Published Note: "A Theory of Intellectual Property Rights and the Biodiversity Treaty," 21 SYRACUSE J. INT'L L. & COM. 259 (Spring, 1995). Honors: Andrews Full-Tuition Scholarship; L.F.E. Goldie International Publication Award; Criminal Law Award; Jurisprudence of Human Rights Award; Journal Service Award; Dean's List. Activities: Black Law Student Association; Women's Law Caucus. OXFORD UNIVERSITY Oxford, England OX1 3PU Attended: Comparative Legal Studies (9 credit hours), Summer 1993. CORNELL UNIVERSITY Ithaca, New York 14853 Degree: Bachelor of Science, January 1989. Major: Social Perspectives of Housing (Individual Curriculum). Honors: Cornell Tradition Student Advisory Council Appointee; Henry B. Stark Fellowship; Cornell Tradition Academic Year Fellowships; Laura H. Causer Scholarship; American Agriculturist Foundation Scholarship. Activities: Cornell Black Alumni Association; Mature Students Association. FINGER LAKES COMMUNITY COLLEGE EMPLOYMENT Canandaigua, New York 14424 TOMPKINS COUNTY OFFICE OF HUMAN RIGHTS (OHR) • ITHACA, NEW YORK September 2013 – Present Director of Human Rights (Full-Time) The Director of Human Rights reports directly to the County Administrator and is responsible for services and activities offered through the County’s Office of Human Rights. Exercises a leadership role in (1) the design, implementation, and assessment of human rights programming and (2) the building of collaborations and partnerships with local, state, and federal human rights agencies and stakeholders. Handles all inquiries from employers, employees, landlords, tenants, and organizations regarding interpretation of Human Rights Law or other issues related to the civil rights of Tompkins County residents. Oversees complaint intake processes for the purpose of pre-complaint conciliation or referrals to other state and federal agencies when appropriate. Responsible for compliance reviews and enforcement of anti-discrimination laws arising under all Titles of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), Rehabilitation Act of 1973, etc. Assists in the promotion of County initiatives related to its 2015 Climate Survey, affirmative action plan, and diversity and inclusion efforts. Drafted the County’s Limited English Proficiency (LEP) Plan and has currently proposed a re-draft of the Tompkins County Anti-Discrimination Law which includes new protections for Ban-the-Box, Source of Income, and Bullying in public schools. Provides OHR’s strategic planning framework, supervision, and direction for a professional staff of four employees — the most diverse department of the County. GENEVA HUMAN RIGHTS COMMISSION (GHRC) • GENEVA, NEW YORK Executive Director (Full-Time) Fair Housing Assistance Program (FHAP) Director March 1997 - September 2013 Designed, implemented, and assessed effective human rights programs for the purpose of promoting mutual respect and understanding among all racial, religious and ethnic groups in the community. Responsible for enforcing state and federal civil rights laws in the areas of employment, housing, lending, public accommodation, education, and volunteer fire departments. Administered all aspects related to the enforcement of Geneva's Fair Housing Law on behalf of the City of Geneva and the U.S. Department of Housing and Urban Development (HUD). KAREN W. BAER, J.D. CV/Resume, p. 2 of 3 EMPLOYMENT FAIR HOUSING C OUNCIL OF CENTRAL NEW YORK, INC. • SYRACUSE, NY (Con’t) Director of Enforcement (Part-Time) March 2013 – July 2013 Investigated and resolved housing discrimination complaints based on federal, state, and local enforcement measures. Conciliated potential fair housing complaints between landlords and tenants, including negotiating requests for reasonable accommodation. Performed assorted intake duties, case review assessments, and referrals. Helped coordinate and evaluate the agency’s fair housing testing program. Provided contracted services for local municipalities in their efforts to comply with the federal mandate to Affirmatively Further Fair Housing. SPECIAL PROJECT ASSISTANT, CORNELL UNIVERSITY • ITHACA, NY August 1990 - June 1992 Cornell Tradition Fellowship Program, Day Hall Administration A DMINISTRATIVE ASSISTANT, CORNELL UNIVERSITY • ITHACA, NY March 1989 - August 1990 Office of the Associate Dean, College of Engineering PROFESSIONAL ACTIVITIES TRAININGS: March 1997 - Present The Dorothy Cotton Institute Human Rights Education Training (January 2014); GHRC Fair Housing Roundtable Discussion with invited guest John D. Trasviña, Assistant Secretary of Fair Housing and Equal Opportunity at the U.S. Dept. of HUD (February 2013); HUD-facilitated training on Reasonable Accommodation/Modification (January 2013); HUD’s LGBT Summit, NYC (2012); U.S. Dept. of Justice Community Dialogues on Race Facilitator Training (2012); HUD's Civil Rights Roundtable, NYC (2010); HUD's National Fair Housing Policy Conferences (2002-2010); Legal Assistance of Western New York Annual State of Fair Housing Conferences (2005-2008); TEAPOTS Certificate of Training; HUD FHEORegion II (2005); Mediation Training Certification from Center for Dispute Settlement (1997). ASSOCIATIONS: Tompkins County Workforce Diversity and Inclusion Committee; President Elizabeth Garrett’s Local Leaders of Color Community Dialog Group; Tompkins County Compliance Committee; Tompkins County Health and Human Services Cabinet; Tompkins County Diversity Consortium Affiliate Member; Geneva Diverse-City Committee; Race Storytelling Committee; Geneva Tenant/Landlord Task Force; Rural Migrant Ministries Advisory Committee; Finger Lakes Housing Consortium Board; City of Geneva’s New Horizons Task Force; City of Geneva’s Workforce Diversity Task Force; MLK Scholarship Committee; Community Agencies and Schools Together; Hobart and William Smith Colleges Diversity, Equity, and Social Justice Subcommittee; New York State Division of Human Rights Advisory Council; Geneva’s Mayoral Social Justice Task Force; New York State Association of Local Human Rights Commissions. HONORS: Geneva Area Chamber of Commerce Athena Award Nomination (2007); Geneva Chapter NAACP MaryAnn Mallard Community Service Award (2006); Geneva’s MLK, Jr. Scholarship Committee Community Service Award (2005); Geneva Chapter NAACP Brown v. Board of Education Award (2004); Geneva Chapter NAACP Image Award (2001). OUTREACH/PUBLIC POLICY/LEADERSHIP INITIATIVES March 1997 - Present OUTREACH: For nearly twenty years, I have provided training and outreach opportunities to a variety of stakeholder groups — including employers, labor unions, tenant groups, landlord associations, public and elected officials, housing and social service agencies, public schools and college faculty/administrators, Rotary Clubs, League of Women Voters, student leadership groups, and numerous private clubs and institutions. Training and public presentations include: OHR’s annual K-12 Human Rights Arts Competition; “What Would MLK Say Today?” Poster Contest; “Who Wants To Be A Fair Housing Champion?” Game Show for realtors, landlords and service providers; “Reasonable Accommodations in the Workplace and Housing;” landlord/tenant rights and responsibilities trainings; “How to Affirmatively Further Fair Housing (AFFH);” “Understanding Section 504 of the Rehabilitation Act;” “Guidelines to HUD's New LGBT Equal Access Rule;” annual Human Rights Day 4Kidz Program; “Drafting a Sexual Harassment Policy;” including other requested topics. PUBLIC POLICY: In addition to consulting with the County Administrator, legislators, and department heads about matters related to civil rights, equal opportunity, and compliance — I have advised, drafted and issued public reports on the following: City of Ithaca 2015 Analysis of Impediments to Fair Housing Choice (HUDmandated study); Tompkins County Limited English Proficiency Program; Title VI Compliance update; Section 504/ADA Compliance reviews; group home placement advisory opinions; homeownership program assessments; AFFH-compliance briefs; housing segregation studies; and the status of diversity and inclusion on County/City boards and commissions. KAREN W. BAER, J.D. CV/Resume, p. 3 of 3 LEADERSHIP INITIATIVES: Keynote Address, “Stepping Out of the Shadows: An Embracing of New Leaders, New Voices,” given at Community Foundation of Tompkins County Eleventh Annual Women’s Fund Luncheon on 10 March 2015. Affirmatively Furthering Fair Housing (AFFH) Partnership Project. In partnership with Hobart and William Smith Colleges (HWS), I developed and directed all aspects of this AFFH Project, funded by a HUD Partnership Grant in 2012. The project was a partnership between GHRC and the HWS Department of Anthropology and Sociology. Project tasks included the collection and analysis of local and regional data related to high-priority fair housing choice issues — including racial segregation, local supplies of accessible housing, foreclosure rates among veterans and disabled populations, collection and analysis of local HMDA and CRA data, AFFH compliance measures for recipients of federal funds, rates of homelessness, etc. The ultimate goal of the project was to create an AFFH Resource and Research Center for recipients of federal funding in the region. Geneva Community Compact (GC2) Initiative. In May 2011, a tragic shooting death of an unarmed black man in the back of the head by a City police officer took place in Geneva — resulting in widespread racial and ethnic unrest. In the aftermath of the tragedy, the U.S. Department of Justice conciliated an agreement (September 2011) involving the City of Geneva, the GHRC, the Geneva Police Department, and African-American stakeholders in the community. As a signatory to the GC2, I was responsible for the development and implementation of the following education/outreach programs focused on race, healing, and mutual understanding: 1) Community Dialogues on Race, 2) Race Storytelling Project, 3) Youth and Policing Initiative, 4) Voter Education Project, 5) Diverse-City Committee, and 6) Geneva Good to Great Events Committee. These GC2 initiatives required that I train and supervise over 75 program-related facilitators, volunteers, and participants — many of whom were government officials, college faculty and administrators, college students, community leaders, and other local social justice stakeholders. Special Civil Rights Enforcement (Title VIII). In 1999, I drafted the Geneva Fair Housing Local Law. By 2001, Geneva City Council promulgated it as its first and only civil rights legislation in the City of Geneva to date. Protected status groups included: race, color, national origin, religion, sex, disability, familial status, marital status, age, military status, and sexual orientation. In 2005, HUD certified the local law as being substantially equivalent to the federal Fair Housing Act (Title VIII), making the GHRC the first and only city Fair Housing Assistance Program (FHAP) in the State of New York and one of only four FHAPs statewide. In the aftermath of certification, the GHRC was able to secure over $550,000 in funding from HUD for fair housing enforcement efforts in the City. REFERENCES Available Upon Request Exhibit 2 TOMPKINS COUNTY ADMINISTRATION Performance Review Program COUNTY REVIEW OF DEPARTMENT HEAD PERFORMANCE Karen Baer Director 1 Name (Department Head) Position/Title Years in Present Position Human Rights 4.15.14 Department Review Date Date of Last Review SECTION A. YEAR-END SUMMARY In this section, please brie?y discuss Department Head's performance against goals set in the previous year, including key accomplishments and/or professional development opportunities that were pursued. Comments should consider to what extent results were achieved and the factors that either contributed to or hindered SUCCESS. Previously Stated Goals Accomplishments Results Achieved Contributlng Factors This is Karen's 1?t review. Enter comments for Goal 2 Enter comments for Goal 3 SECTION B. PERFORMANCE STANDARDS, ASSESSMENT, AND REVIEW This section contains the Performance Standards essential for all County Department Heads in achieving success in the position: Technical/Business Acumen, Leadership, and Results-based Accountability. Using the performance scale provided below, please rate the extent to which the Department Head demonstrates the knowledge, skills, and personal attributes described in each of the performance standards listed. Additional space is provided for sharing performance examples and/or comments about areas needing further development or improvement. Performance Scale Outstanding/Highly Effective. Exceptional performance that substantially exceeds the standard; exhibits superior work performance in every aspect; demonstrates high levels of pro-activity, insight, and creativity; viewed by the organization peers, and/or community as an expert and role model in this area. Solid Performance/Signi?cantly Effective. Solid, reliable performance that often exceeds the standard. Demonstrates thorough knowledge, skills and ability to achieve the role requirements with minimal assistance. Consistently shows high levels of initiative even in the most dif?cult or complex situations. Meets Expectations/Moderately Effective. Meets the performance standard, and in some areas performs at a higher level. Approaches challenges logically with minimal oversight or assistance. Contributes positively and works well with others to achieve targeted objectives. Below Effective. Performance is below standard in one or more aspects. Adherence to the performance standard is not readily apparent or is inconsistent. Often demonstrates a limited awareness of poor performance, or knowledge of or approach to addressing the areas in need of improvement. Contributions are acceptable for the short term but do not appreciably advance the department or the organization. Unsatisfactory. Performance is well below standard. in repeated instances, demonstrates deficiencies that detract from stated goals and objectives. Others consistently question competencies and leadership ability. Corrective action is required. Performance Standards Assessment and Review Technical/Business Acumen?Evaluates and analyzes ?nancial and programmatic information in a manner that instills public trust and accomplishes the organization's mission. Thinks through critical issues, offers reasonable solutions, and demonstrates follow through as appropriate. Delivers clear, effective communication and takes responsibility for understanding others. Uses technology to enhance processes, facilitate decision- making, and monitor progress. Executes the operating budget; prepares budget requests and justifications. Able to create and maintain an environment that guides a project or special initiative to its successful completion; develops and manages the scope of a project; understands the risks involved and the importance of quality assurance and control measures. Regularly reviews systems, processes, staffing trends, and performance indicators to help identify areas for improvement. Assessment Explanation of Rating [Examples of performance; comments on areas for improvement) Exceptionally strong in these areas. Upon arriving, she undertook a quick, objective assessment of the and weaknesses of OUFStandiW/Highly the of?ce, communicated her conclusions, developed a strategy to address .both and weaknesses, and then (again after Cl Below Expectations Effective appropriate communication) proceeded to Implement that [j Unsatisfactory strategy. This was not a small undertaking. Staff had fallen to one professional and one support person; the 15~person Commission had dwindled to a 5 members (two of whom were appointed as . SRF-DH1-12 2 the prior Director was leaving) and hadn't met for years, cases had lingered, and in some instances, had been accepted for review without the County having the authority to take on the case as the result of a prior lapse in an agreement with NYS. The relationship with the State, and rami?cations resulting from it, was explained to the Legislature by Ms. Baer, along with her proposal to advise clients of their rights and remedies. i found her presentation in this dif?cult circumstance to be strong, professional, and compelling. Her arrival to the Of?ce has provided clear direction to staff and the Commission, boosting both productivity and morale. The process she used to hire a staff person, and solicit Commission members, was exemplary in its inclusiveness and focus on attracting top talent. Karen is an excellent communicator-both in talking and listening. She makes her points well, and with substantiation behind them. When an alternative perspective is offered, she listens and often bends to find common ground. However, in matters of core signi?cance, she stands her ground?again in a professional manner. She is also a do-er. The most recent example is her work on the Limited English Proficiency initiative, in which she not only elevated the issue but has also taken responsibility to develop a countywide LEP plan and protocol that works. I've been impressed that Karen has communicated the sense that this is notjust another "compliance" issue that requires a box to be checked, but a part of the County's value system--a much more effective approach. Karen is also good about providing people a "head's up" or concise brie?ng when issues arise, or when she is contemplating initiatives or changes-without being too dependenthighly competent manager. Leadership?Recognizes issues, problems, or opportunities and determines whether action is needed and who should be involved to advance the decision making process; makes thoughtful decisions in a timely manner even in the midst of ambiguous circumstances. Fosters an inclusive workplace where diversity and individual differences are valued to achieve required results; strives to recruit, develop and retain diverse, high quality staff in an equitable manner. Looks to build one?s own professional skills and competencies in ways that improve performance/ef?ciency on the job. Demonstrates the ability to model a high standard of quality and commitment to serving the public and encourages in others a spirit of public service. Considers both short and long-term interests of the customer in making service/programming decisions and creates strategies to help the organization serve customers and stakeholders more effectively. Assessment Explanation of Rating JExampies ofpeifonnance; comments on areay'or improvement) SRF-DH1-12 Outstanding/Highly Effective Solid Performance/Significantly Effective Meets Expectations/Moderately Effective Below Effective Unsatisfactory Very strong here, too. I'm ranking her between the top two options largely to give her room to provide further demonstration of here leadership skills over the next year. As indicated in the prior response, Karen has not shirked at taking on some formidable challenges in her ?rst year. Given the sensitivities involved, a timid response to many of the issues confronting her would have been understood. However, she drove the Of?ce fonivard, dealt delicately but ?rmly with personnel and "political" issues, and led the Office and the County to a much better place. Karen has leadership attributes that augment her managerial skills. As the saying goes, she "?lls the room" with a strong personality, quick wit, and a principled approach to the mission of her of?ce. This year, and with the risk that accompanies doing things differently, Karen moved the Martin Luther King, Jr. art and poetry competition from the MKL Day breakfast at GIAC and made it a standalone event at the Library. Based on my observations and parents i talked to, it was a great event and allowed the young people who participated a moment in the spotlight. it re?ected well on the County and the HR Office. I have watched her interact with her peers in cabinet and department head meetings, and seen her leadership in those situations as well. She is an active contributor to these discussions, and sometimes in?uences the direction by asking a question that may take us outside our comfort zone. This has often led to a deeper and fuller discussion of the issues at hand. At the staff level, We been impressed by Karen's efforts to elevate her staff, and involve them in activities apart from their ordinary work. For example, she took her staff to the recent Dorthy Cotton awards ceremony as her guests. Conscious or not, she has made an effort to show that the Office is not about a single person, but a team of competent committed staff. Finally, she is committed to her profession, and is on top of both governing laws and regs, as well as current trends. Results-based Accountability?Works to build and maintain productive relationships and follows through on commitments and agreements. Anticipates changes in the organizational climate and effectively prioritizes projects, decisions and communications based on that knowledge. Monitors and evaluates performance against goals, understands potential risks to performance and plans appropriately, and addresses performance problems Provides direction to help staff/teams achieve goals and operate cooperatively and cohesively; works to remove organizational barriers and identifies resources to ensure productivity and overall team success. Develops processes that facilitate an entrepreneurial focus in the organization. Able to propose and adequately communicate innovative opportunities to legislature, other senior management, potential customers, suppliers, potential partners, etc. Assessment Explanation of Rating [Examples of performance,- commenm' on areas for improvement) SRF-DH1-12 Most of the response to this section has been addressed in the I Eff i previous sections. Clearly, she is an astute manager, strong Meets 23:22:12; l5"; ?12::er Effigt?ilfe leaders, and one who is willing to take reasonable risks in order to move the mission of her Of?ce forward. I would characterize her Below Effective Unsatisfactory approach as entrepreneural--but within the practical bounds of a public sector organization. SECTION C. 2013 COUNTY PRIORITIES in this section, please describe how the Department Head might best contribute?either via new or on-going initiatives within his or her department?to the advancement of the following County priorities for 2013: C1. Performance measurement/data-driven management: For the coming year, County Administration has placed a priority on strengthening the County's data-driven management systems. Please identify up to three consequential programs in your department that can be included in a countywide Program Performance Management system and that will have established metrics intended to allow managers and staff to regularly assess outcome attainment as well as program ef?ciency and effectiveness. C2. Diversity and Inclusion: Please brie?y describe the expansion or introduction of any speci?c practices, programs, or initiatives intended to improve the diversity of the department's workforce and the inclusiveness of departmental processes. C3. Regular Employee Performance Reviews: Please note whether your department conducts at least an annual performance review of all employees and if so, briefly describe the process. If you do not have a process in place, please explain your plan to introduce regular reviews within your department over the coming year. SECTION D. EMPLOYEE GOALS FOR THE COMING YEAR in this section, please answer the following questions regarding performance goals for the Department Head for the next review period. The goals may be related to new activities, performance needs identi?ed in Section B, or directly related to one or more of the County Priorities listed in Section C. What do you see as the Department Head's most important responsibility during the coming year? Explain anticipated activities and outcomes. What skills, education or guidance do you think he or she will need to accomplish the goal(s)? Please explain how the County Administrator can support the Department Head in achieving his or her best job performance. Sermon E. ADDITIONAL COMMENTS In this section, please provide additional comments on performance, skills/training development needs, or concerns that otherwise were not addressed in the previous sections or that need to be further discussed at the time of the Performance Review Dialogue. As indicated throughout this review, Karen is a strong manager and leader. The Human Rights Office today is remarkably better than it was just a year ago. Even the small things, like painting the of?ce storefront window has made a noticable difference in the way staff and the public view the office. Over the next year, Karen will need to decide what to build on the foundation that she's worked to strengthen. In particular, a strategic decision needs to be made about our role in the enforcement of human rights laws, whether to continue to shift toward a conciliation role, develop a new relationship with the State, or enact local laws that will empower us to have a great role in enforcement. This will require a fair amount of thought and disussion, with involvement from the Legislature as well as staff. Similarly, Karen's interest in a larger County role in Fair Housing will need to be ?eshed out and de?ned, again with legislative involvement at appropriate times. While both of these areas naturally gravitate to WDIC, I suggest that this not be the sole source of legislative input, and that as things begin to develop, we involve the Health and Human Services Committee in the discussion. Lastly, while reconstituting and re?energizlng the Commission is a tremendous accomplishment, it is unclear where and how that energy will be best directed. I'm very pleased we were able to attract someone of Karen's calibur to the County. She has already made a meaningful difference, and I suspect this is just the beginning. 6 SECTION F. SIGNATURES This section Is completed at the time of the Performance Review Dialogue. The employee (Department Head) and the County Administrator (or his/her designee) sign where indicated, verifying that the current position description, performance standards, and performance goals and expectations have been reviewed and discussed. County Administrator I have provided the employee with a current position description and have discussed the information contained in this document with him/her. Signature: I c/ y? Date: Department Head have reviewed my position description and have reviewed the information contained in this document with my supervisor. My signature indicates that have completed the Performance Review Dialogue with my supervisor, but does not necessarily imply my agreement. Any areas of disagreement are noted in my comments above (or in the attached document). I understand that I am entitled to receive a copy of this form and attachment -6 all required signatures. at? {7 Please return your completed review form to the Department of County Administration. Please mark the envelope: ?Confidential Information. For County Administrator Only." You may also send your completed document via email to W. SRF-DH1-12 Thank you. Exhibit 3 Domestic Violence and the Workplace Toolkit For managers, supervisors, and human resources staff I HAVE A For Tompkins County Celebrate the 50th ANNIVERSARY of the Tompkins County Human Rights Commission by sharing YOUR dream for human rights in the next FIFTY One of my dreams for human rights in Tompkins County is . . . -.9- 1 PHIHT 2} TH THE SPACE ABOVE. YQUR 3] TAKE A PHOTO oE As 5 THE more To THE HUMAN Eon HUMAN moms 25 won as on LEss Ho LDING THE PosTEn -- .-- OR EMAIL THE How To: RIGHTs EACEBoglconE: clinic Pending Selected Have A Dream" 50th Anniversary Campaign photos will be showcased at the Tompkins County Office of Human Rights website: rczr. For more information about the Have A Dream" 50th Anniuersaw Campaign. contact the Tompkins County Office of Human Rights at 120 MLK, State Street, Ithaca. NY 14350, tel. Vision I Strategy for 2017 Tompkins County Human Rights Commission 'Imn. Civil Rights Enforcement Investigation Conciliation Findings Determinations Public Hearings Compliance Reviews Celebration Dialogue Human Rights Education Collaboration FairHousing SectionSD?Eompliance AFFHOingations EqualPavForWomen RaceDialogues Grassroots/Institutional Safety Net necessae?r cowomolv: Popular support for human rights initiatives and a government that is responsive to the voices of the people- Tips for Houdng Providers There is no evidence that shows that tenants who hold housing vouchers are more likely to damage property. not pay rent on time. or are generally lousy neighbors. Still, providing Source of Income protections to tenants should not limit a landlord's ability to screen for good tenants. In fact, it is crucial that landlords take full advantage oi lawful screening strategies in order to avoid tenants that cause serious problems. Here are some general tips: Adhere to a non-discriminatory screening protocol and I apply it to all applicants for housing. - Eoutinely check credit reports. employment history, rental backgrounds. paystubs. levels of income, while considering all sources of lawful income. 'l Screen out prospective tenants [even those with housing subsidies} that do not otherwise meet your standards for a good tenant for example. those with poor rental histories. insuf?cient income levels. current drug users. etc. If income screening is routinely used. any source of income in the form of a rent voucher or subsidy should be subtracted from the total of the rent prior to calculating it the income level has been met. Places where Source of Inc ome protections exist Cour-liesiCFiL?gs In Now for? Buffalo. Hdn?rbw Nags-ug- ?gurrly, New ?fork Suffolk WesfcheSE! Cauo'y. Sons-ca. Source of Income Protection Tompkins County Across the nation, communities have created local laws that make it unlawful for landlords to discriminate against persons who need Housing Choice Vouchers [Section 8) in order to afford safe and decent housing. The Of?ce of Human Rights wants Tompkins County to be one of those communities. Tompkins Countyr Office of Human Rights W. MLK, .Ir. Street Ithaca, New York 14350 6012114030 Know Your Rights ?9 - we Federal, State, and Local Laws Prohibit Discrimination in Housing, Employment, and Public Accommodation based on: National Origin Age Disability Sexual Orientation Creed Military Status Marital Status Race Religion Arrest/Conviction Color Gender Identitv/ Expression Having Children (Housing only) Sex Domestic Violence Victim If you would like more information or you think you have been discriminated against, contact the: TOMPKINS COUNTY Office of Human Rights 1120 W. MLK Street, Ithaca, NY 14350 (607) 277-4030 Overcoming Housing Barriers for Persons with Mental Disabilities DP Il??f. I A i" [Jr I l-I Competition The CMLLehge Artistic expression of one or more of the 30 Articles of the Universal Declaration of Human Rights who Can Enter? Any K42 studentj'classroom in Tompkins County Corn petition Cnteaories Grades 1: "Jisual Art Grades 3 - 5: Visual ArtfPoetry Grades 6-12: Visual ArtIPoetryIShort Film Individual, Class, or Group Entries TimeLine Entries Deadline for Winners Awards Accepted Submissions Announced 9 Ceremony 3? September 24 November 1 December ?goal?eraser Contact .- . Sponsored b3: TOMPKINS COUNTY "mu" . Of?ce of Human Rights mice of Human ?Ishts 120 w. MLK, Jr. Street Ithaca, NY 11.85:: {Gonzo-4080 manri a. y.gov THE DOROTHY {Oi-l0? 9% hiking Global Conmunily lighelzadeehip ILLHSETQELOVLS Artwork created by artist Tacine Ait Kaci in partnership with the UN. Regional Information Centre (UNRIC) and its Of?ce of the High Commissioner for Human Rights A FAIR CHANCE FOR ALL Ben the Box Campaign The Tompkins Countv Of?ce of Human Rights is conducting a County-wide Fair Chance campaign proposing a special type of Ban the Box strategv that provides formerly;r incarcerated people with a fair chance to obtain employment. Half of all children living in the United States have at least one parent who has prior criminal justice involvement. 1 Discrimination based on a person?s prior conviction or arrest record disproportionater impacts people of color.2 Seventy-six percent 06%} of this type of prior conviction discrimination occurs during the application stage - where discrimination is most difficult to prove and prospective emplovees have the least amount of protections. Providing a fair chance significa reduces this form of discrimination. 3 Providing a fair chance to people with prior criminal justice involvement has the potential to increase the tax contribution, boost sales tax revenue, and reduce recidivism leading to greater public safety and saving tax payers thousands of dollars by reducing criminal justice involvement. 4 Although New York State law already says that employers cannot use unrelated convictions when making employment decisions, many will not even consider applicants who indicate that they have a record, without even knowing what the conviction was for. As a result, more than five million New Yorkers who have a record lose the chance to demonstrate their qualifications. Fair Chance legislation simply removes barriers to success for people who are qualified to work. Such legislation will ensure that all public and private employers in Tompkins County are considering applicants based on their skills, experience, and qualifications before weighing whether their conviction history is relevant. Fair Chance savs employers cannot ask about your criminal record until after offering you a job Fair Chance bans job ads that sav things like "no felonies" or ?must pass background check? Fair Chance bans any questions about criminal historvr on job applications Fair Chance bans any questions about criminal historv during job interviews MORE INFOIGET INVOLVED EQUITY Office of Human Rights courm Office of Human Rights 120 w. MLK, Jr. Street Phone: 607-27?-4080 E-mail: SAFE SPACE Policy Toolkit Protecting lndivid BIS Federal, stato,and localagencies are now making - efforts to come into compliance with the federal and In the Workplace Prison Rape Elimination AethltEA] and recently added protections for gender Identity and expression in the workplace under New York State Human Rights Law. Indeed, great care should be exercised by agency leaders, policy makers and human resource professionals as they review, assess, and update existing protocols for protecting the civil rights of lesbian, gay, bisexual, transgender, and intersex Individuals.? This Toolkit is particularly Intended to be used as a guideline for law enforcement and corrections agency personnel in their development of safe and inclusive protocols for LG BTI individuals, For Law Enforcement both in their custody and In their employ. correwms Agenc'ES This Toolkit is also intended to inform teen individuals, their advocates, and service providers about their rights and responsibilities while in custody or In the workplace. Ultimately, OHR intends this Toolkit to encourage community conversation around the important issue of safety and inclusion for LG 311 individuals in Tompkins County. 30 March 201? TOM PKI NS CDU NTY Office of Human Rights ind-it'll l'ouliti 1.: tneumed ?ca-z Karen W. Baer, Director of Human Rights xavier Rusk, Paralegal Aide Rebecca Sims, Program and Outreach Specialist 120 W. Martin Luther King, Jr. Street ?if i Ithaca, New York 14850 6012714030 ImNcpusmii 8' {3?5 ?For purposes of compatibility with the PREA framework, this toolkit will appropriate the LGTBI terminology. i i 3 Exhibit 4 Tompkins County Workplace Climate Initiative Focus Group Recap Background and Purpose The Tompkins County Workplace Climate initiative aims to assess the state of the County workplace culture and provide a baseline understanding of existing and opportunities for growth within the organization. The initiative also provides a medium for generating ideas and recommendations for sustaining an inclusive, equitable, and respectful workplace. A Workplace Climate Survey was implemented in 2015 by Kaleidoscope Group, a full service diversity and inclusion consulting ?rm contracted by the County to design and administer the process. Sixty- two percent of the County workforce responded to the survey. The results identi?ed organizational and weaknesses. The results also identified demographic subgroups within the County workforce that appeared to rate the survey more negatively overall. Kaleidoscope Group recommended conducting focus groups with these employees to gain context regarding the negative responses and to explore their concerns further. To design and conduct the focus groups, County leadership assembled a diverse panel of experts having extensive experience facilitating group discussions on a variety of workplace issues. The facilitators were from outside of the County organization, but brought to the table knowledge of the County environment, the local community, and the types of workplace issues raised in the survey responses. With guidance from the survey ?ndings, the focus groups were arranged as follows: 1. Race and Workplace Climate Perceptions 2. Sexual Orientation Gender identity and Workplace Climate Perceptions 3. Disability and Workplace Climate Perceptions 4. Mid-Career (6:15 years of service) and Workplace Climate Perceptions 5. Educational Level (High School/GED)and Workplace Climate Perceptions. The topic areas planned for discussion by each group were based on the primary areas of concern expressed in the survey ?ndings overall: Communication Valuing Employee Contributions Leadership Development Diversity and Inclusion. The five focus groups were held in February and March 20l6. A total of 3] County employees from [7 different departments participated in the focus groups. Summary of Findings Communication is an issue at multiple levels in the County organization. Participants stated that direct messages from County leadership are too reliant on email; the quality of communication varies across departments; interdepartmental communication was reported to be difficult and, according to some employees, discouraged; and there lacks formal channels to address certain workplace issues, such as concerns about a direct supervisor. Employee Recognition needs improvement. Participants across the focus groups expressed that there are not enough mechanisms to recognize employee achievements; it appears that the only formal recognition from the County is the annual 25?1 anniversary event; and performance reviews are inconsistent and in some cases nonexistent. Employees also reported not feeling valued enough to receive information about why certain decisions are made at the department or division level. Leadership Development opportunities are limited. Participants felt that overall there are not many opportunities for leadership development, which makes it dif?cult to ?move up? and continue to grow one?s leadership abilities. There is a general feeling that not much is being done at the organizational level to advance leadership capacity, although it was suggested that perhaps the County is doing what it can with the resources available. Tompkins County Workplace Climate Initiative Focus Group Recap Civil Service presents frustrations. Participants across from employees and providing that feedback to focus groups felt that the Civil Service system County Administration. presents challenges and limitations to identifying 0 Carry out performance reviews so that employees leadership potential. Others stated that the reliance on and supervisors know what they need to work on exam results for hiring and promotion purposes are in order to be promoted. inconsistent, allows for preferential treatment, and 0 Hire an outside trainer for diversity, inclusion, creates barriers; while others felt that the system is and sensitivity training. manipulated to either ?keep people out or bring 0 Take a closer look at the issue of inconsistency people in," indicating that certain people are across departments, with the goal of ?nding ways encouraged to take an exam and some are not?such to replicate the positive practices across the as people of color. The general impression is that organization. Civil Service is outdated. . Take an overall look at all County policies and practices regarding diversity and inclusion to Diversity and Inclusion needs more attention. Unequal ensure that they are (1) consistent with each other; treatment in the workplace, ongoing occurrences of (2) consistently applied in each department and micro-aggessions, and the concern that County of?ce; (3) consistent with what is considered best leadership is not taking the necessary measures to practice; and (4) consistent with applicable county protect employees from disparate conduct and and state nondiscrimination law. retaliation for complaining about it were the dominant 0 Provide clarity on transgender health care themes across the groups when discussing diversity What is covered? What is not?) and on bene?ts and inclusion. Many believe that ?if you stand up for for spouses versus domestic partners. diversity or for your rights you will be shut down," which could take the form of not being promoted, Consider continuing the focus group discussions. Appoint an ombudsman or some person/of?ce to being silenced in some way, or being shunned by your discuss issues of exclusion or discrimination that colleagues. can be objective and hold others accountable. Recommendations The Focus Group Facilitators also suggested that future climate surveys should de?ne disability more clearly; create a separate designation for use of medical leave (versus disability identi?cation); and have separate questions regarding sexual orientation and gender identity, which were con?ated in the ?rst survey. The following is an abridged list of employees? ideas and suggestions for addressing the issues and concerns raised in the focus groups: 0 Consider alternate communication methods because email does not work for everyone. 0 Ensure more staff-wide meetings at the departmental level where staff are able to learn I I I (- what is going well, and identify where the problem spots might be. . 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