REPORT OF' INVESTIGATION
IN RE: MATTER OF KAREN BAER

PRIVILEGED AND CONFIDENTIAL
INTRODUCTION
County Attorney Jonathan Wood retained me to investigate allegations raised in a
November 20,2015 memorandum from Ms. Karen Baer, the Director of the County's Office of
Human Rights.l This memorandum asserted, in effect, that as a consequence of Ms. Baer,s
diffrcult relationship with the then-Chair of the County Human Rights Commission (,'HRC,'),
she was subjected to demeaning and disrespectful treatment which created a hostile work
environment for her department, ffid the Tompkins County Human Rights Commission
("HRC"). This treatment, in her view, had sexist and racist undertones.
Over the course of the past several weeks, I interviewed or spoke to more than a dozen
individuals and reviewed what I estimate to be in excess of 100 documents to determine the
substance of Ms. Baer's charges and to report my findings accordingly.

MS. BAER'S CHARGES

In the memorandum which triggered this investigation, Ms. Baer asserted that the
Tompkins County Legislature resented her because of the perceived role she had in turning the
HRC commissioners against Pat Pryor, who at that time was Chair of the HRC. Pryor *ur
legislator respected by her former colleagues. Ms. Baer stated that the HRC decision to change
its Chair led to a series of retaliatory measures taken against her. These were generally allegãd
to be demeaning and were evidenced by "aseries of misguided directives to perciived (by her) to
be based on race, color and sex."

*.*-

I

Ms. Baer was my initial interviewee. wanted to ascertain from her the facts
substantiating the charges made in her memorandum. She was hired as Director of the Offrce of
Human Rights ("OHR") in August, 2013. She was selected by a search committee chaired by
Paula Younger, the Deputy County Administrator, The office which she became responsible tô
oversee consisted of a staff of four
a receptionist, paralegal, and a program and outreach
specialist. Ms. Baer is the only County department head of color and serves at the pleasure of
the County Administrator, Joe Mareane. The HRC serves as an advisor, not only to ihe County
Legislature but to the OHR as well. However, neither the HRC nor its chair hás any authority
over the OHR or its staff.

-

Previously the County had a memorandum of understanding with the New York State
Division of Human Rights ("SDHR") with respect to investigating and making recommendation

I

As part of this report, I am submitting an appendix of relevant documents. These documents correlate to the
footnotes made throughout the report and are indexed accordingly, (i.e. Appendix #) This memorandum is indexed
in the appendix as #1
1

 about discrimination cases brought by County residents. That MOU had expired before Ms.
Baer became director. The OHR, therefore, was responsible only to investigate those claims of
discrimination actionable under Tompkins County's anti-discriminatory enactments.
Ms. Baer claims that she was encouraged to review the local anti-discrimination law in
order to broaden the protections and create local enforcement powers.
In January, 2015, Patricia Pryor was elected Chair of the HRC. She had been a member
of that commission since March 18,20L4.
According to Ms. Baer, her problems with Ms. Pryor were significant and plentiful. I
will discuss each of these in detail in my analysis. They may be summarized generally in the

following categories:

1.

The disagreement regarding whether and how to cooperate with ESPA ("Empire
State Pride Agenda") to support passage of the Gender Expression Non-Discrimination Act
("GENDA") and what Ms. Baer concluded were Ms. Pryor's unilateral efforts to alter OHR
strategy and to solicit the assistance of oHR staff to assist her in doing so;

2.

The meetings which Ms. Pryor had with Peter Stein, the chair of the Legislature's
Health and Human Services Committee ("HHS"). Conversations which Ms. Baer felt were used
to denigrate and criticize Ms. Baer and the HRC;

3. The failure of Ms. Pryor to engage in communications with Ms. Baer and the
HRC conceming going forward with plans for OHR and its role in the community and instead
focus on past differences between Pryor and Baer;
4. Ms. Baer's feeling that when she did communicate with Ms. Pryor, Ms. Pryor was
very condescending and talked to her as though she was ¿ (6rr-----" or as if Baer was going to
steal her purse;

5.

The perceived role played by Ms. Baer in encouraging the HRC to draft and send
a memorandum to the HHS indicating that they lacked confidence in Ms. Pryor and wanted to
have her replaced as Chair;

6.

Following Ms. Pryor's resignation as Chair on August 7,2015, being subjected to
a series of retaliatory measures because of Baer's perceived or actual role in orchestrating the
resignation.

In support of her claims

-

parlicularly of retaliation

-

she submitted a document she

prepared showing the sequence of events.2 I haue used that as a framework for my analysis.

2

Appendix #2

2

 THE HRC COMMISSIONERS
Upon the recommendation of Ms. Baer, I interviewed Leon Lawrence (who preceded Ms.
Pryor as Chair of the HRC) and current commissioners, Amos Malone and Jamila Walida Simon.
The latter two were Treasurer and Vice-Chair respectively of the HRC and, with Talyse
Hampton (the secretary), made up the executive board of the HRC.

They agreed that Ms. Pryor as Chair of the HRC initially provided fine leadership.
The commissioners agreed that the relationship between Ms. Baer and Ms. Pryor began
unraveling when the County's Public Information Officer, Marcia Lynch, shared an OHR press
release with Ms. Pryor. They perceived that Lynch - who they characterized, was a friend of
Ms. Pryor - sent the OHR press release to Pryor because Ms. Pryor was not in favor of the OHR
strategy to join with ESPA in support of the passage of GENDA by the New York Legislature.
They felt the release was edited to suit Ms, Pryor.

Their principal disagreement with Pryor related to what they believed was her sharing
executive session matters directly with Peter Stein, the HHS Chair. This created distrust by the
HRC members because they felt Ms. Pryor was unfairly misrepresenting their views to Mr. Stein
and undermining the work of the HRC and OHR. They were, and currently are, quite pleased
with the work of Ms. Baer and the entire OHR staff.
The executive committee of HRC - Malone, Simon and Hampton - eventually authored a
letter3 to the County Legislature expressing a lack of confidence in the leadership of Ur. Pryor
and asking that she be removed as Chair. The commissioners informed me that by that time the

HRC had become increasingly dysfunctional. As they put it: "There gre\il a divide between the
commissioners that largely fell along racial lines. [The] members of the Commission [who]
threatened to leave were all people of color while Pryor and McNamara are white." They
claimed, too, that Ms. Pryor's lack of leadership "smothered" the work of the HRC and
prevented the Commission from going forward. In substantial part this was due to Pryor wanting
to resolve past differences with Baer, and Baer and the HRC wanting to ignore the past and to
move forward.

They also viewed the Legislature's disregard of their recommendations for new HRC
members to be evidence of the disrespect that the Legislature had for the HRC and the efforts
Ms. Baer and the OHR.

In response
pointed out:
a

of

to questions about what evidence they felt showed sexism or racism, they

That Baer was an assertive black woman viewed as rude, not worthy or credible while
a comparably situated white male department head would be seen as a leader.

The editing of the GENDA press release was a "blatant disregard of the OHR
Director".
3

Appendix #3
J

 "The inability [of Pryor] to move forward with the work of the Commission."

t

The criticism of Baer by Pryor because she did not become a member of the
Community Leaders of Color ("CLOC").

I

a

The misrepresentation about Baer made by Pryor to Peter Stein and others.

a

Pryor's insistence that Baer apologize to her as a condition of moving forward.

a

When the Executive Committee of HRC authored a letter to the Legislature
expressing their problems with Ms. Pryor they were "treated with disbelief and
degradation".

a

a

The HRC became dysfunctional with commissioners of color (Hampton, Simon and
Malone) threatening to leave.
o'micromanaged
The HRC - the most diverse County committee - currently is being
by the County Legislature", by way of example, their recommendation not to appoint
Christina Dravis to the HRC was questioned.

THE HRC BYLA\ilS, OHR MISSION A¡ID JOB DESCRTPTTON OF THE
OHR DIRECTOR
At the outset, it is important to understand what each the OHR and HRC are intended to
do and how it is contemplated they interact.

A.

The HRC Bylawsa. These bylaws \¡/ere approved by the Tompkins County

Legislature in December,2014. Ms. Pryor - then a member of the HRC, but not its Chair - was
instrumental in drafting and getting the bylaws approved. An effort l.auded by Baer. In pertinent
part, these bylaws'define the mission of 'HRC as being advisory to the OHR and to the
Legislature. Their meetings are open to the public. There are supposed to be 15 members. The
HnC in the first instancè ir to- review cãndidates and send their recommendations to the
Le gi slature for consideration for appointment.

The Chair is to serve as spokesperson for the HRC and also is to designate the
time and place of meetings.
Under Article 9, Section 5, commissioners are to refrain from making negative
comments about the Commission or commissioners. Article 9 also provides that it is the Chair
of the HRC who serves as the HRC's representative in communicating with the OHR or
Legislature

Article l0 is noteworthy in that it provides that HRC colleagues are to be treated
with courtesy, respect, dignity, objectivity and fairness.

a

A copy of

these bylaws is included in the Appendix #4

4

 B.

The Charter Provisions Relative to the HRC.5

Section 23.03(c) of the Charter provides that the HRC in concurrence with the
OHR is to inquire into incidents of tension and conflict and take such action to alleviate such
tensions and conflict. This mission is to settle disputes through the process of conferences and
dialogue.

C.

Mission of the Office of Human Rights.

The mission of the Tompkins County Office of Human Rights ("OHR") is
straightforward. It is charged with enforcing Tompkins County Local Law #l-2004 which
protects Tompkins County citizens from discrimination based on sexual orientation and gender
identity/expression. It also helps to enforce state and federal civil rights laws by assisting local
residents in filing complaints with state and federal civil rights agencies. As part of its mission,
it also is to develop and to facilitate County-wide programs to increase awareness of human
,
rights and socialjustice ideals. Ó
The OHR is headed by a director who, among other things, is responsible for directing
the services and activities offered through the County's HRC. Her typical work activities
include sewing as àn advisor to the HRC. She reports tó the County Administrator. Among her
expected skills and abilities, she is to establish and maintain good interpersonal working
relationships with the public and governmental officials and_ should possess good knowledge of
dispute resolution and conciliation strategies and techniques./

In summary, therefore, OHR and HRC exist in parallel with separate purposes but related
objectives; The OHR Director is an advisor to the HRC but not an ex offrcio member. The OHR
Director. is expected to periodically report to the HRC which, in turn, is responsible to report to
the Legislature. It is the Health and Human Services Committee of the Legislature that the HRC
advises and it is the Legislature which appoints HRC conimissioners upon recommendation of
the HRC.

THE F'OCAL POINTS
Based upon the many interviews I conducted and the numerous pertinent emails and
other appended documents I have reviewed, I have distilled the claims and, accordingly, my
analysis to the following:
1

2
3

5

6
7

The GENDA controversy;
The meetings between Ms. Pryor and Peter Stein relative to HRC/OHR issues;
The relationship between Ms. Baer and Ms. Pryor and how it affected the
business of the OHR and the HRC;

A copy of this charter is included in the Appendix #5
A copy of the OHR mission statement is included in the Appendix #6
A copy of the OHR Director's job description is included in the Appendix
5

#8

 4

The efforts of the County Administrator and others to mend the relationship

5

between Pryor and Baer and whether they were skewed toward one more so than
the other;
Whether Ms. Baer, her department (OHR) or the HRC was treated adversely
following Ms. Pryor's resignation from HRC on August 7,2015. As subsets, this
would include:
The impact of the hiring freeze on the OHR and if the department was treated
dissimilarly than other departments;
I

The way that Ms. Baer's draft revised law was received and treated by the
County Administrator;

The Legislature's rejection of HRC's

recommendation concerning

appointments to the commission; and,
a

Whether Ms. Baer and/or the HRC has been subjected to retaliation for hêr (or
their) perceived role in forcing Ms. Pryor's resignation or, more to the point,
whether a hostile work environment has resulted because of Pryor's
resignation,

THE ANALYSIS
In my view, the dozens of emails provided to me are the most objective evidence of what
has happened here. They also provide a helpful chronology. Certainly, they serve as an
excellent contemporaneous record of what I heard from the many witnesses with whom I have
spoken.

'A.

rnn inNna öoNrnovnnsv

This was the initial bump in the road between Pryorrand Baer.s OHR had been
contacted to öollaborate with ESPA on garnering support for passage of the Gender Expression
Non-Discrimination Act ("QENDA"). There \¡/as a very short window of time to do what ESPA
was requesting: preparation of an op-ed piece, a press release, and a press conference. Pryor
who had been actively involved in community LGBT advocacy and programs for years, \ryas
approached by Baer to work with OHR in accomplishing what ESPA was requesting. Pryor
understood that Sarah Chalmers Simmons had been designated by Baer as a point person at OHR
.

8

Actua[y, before Pryor became Chair of the HRC, she encouraged Baer to meet with and consider becoming a
member of Community Leaders of Color ("CLOC"). In early 2014, an invitation was extended to Ms. Baer to
attend the meeting. Without first notifying CLOC, she sent her ouheach specialist, Sarah Chalmers Simmons, a
Caucasian, instead. This made for a very uncomfortable situation both with the CLOC members and also Chalmers
Simmons, Baer declined becoming a member of CLOC because of her feeling that an organization excluding a
specific race is not in keeping with her role as OHR director. While Pryor disagreed with this approach, it does not
appear to be a major bone of contention. According to Marcia Fort of CLOC, they were surprised that Baer sent
Chalmers Simmons in her stead and felt Baer could be a member but this did not cause any significant rift between
CLOC and OHR. Pryor did not agree with the approach but it does not seem to have been a source of ongoing
animosity between Pryor and Baer.
6

 to work with her in organizing this project. Pryor through her past involvement in LGBT matters
did not hold ESPA in high regard. In her experience, it was essentially a New York City based
group with strategy and tactics developed with little regard for upstate ,organizations.
Nonetheless, Pryor agreed to draft the op-ed piece and to work with Chalmers Simmons to
organize the press conference. The press release was left to Chalmers Simmons. In short order,
Pryor drafted and had the op-ed piece published. Ho'ø/ever, Pryor recommended that the press
conference be delayed until Ithaca College returned from its spring break. One of the most
significant LGBT rights groups existed at IC and was headed by Luca Maurer. He was out of
town and would be unavailable for the press conference. Pryor spelled all this out in an'email to
Simmons on March 2,2015.e Baer was frustrated that the press conference would not go forward
as scheduled on March 12 and reported this to Mr. Mareane in an email of that same date. The
latter was denominated in the subject line as 'oanother turf-snag".10
Baer sent a very complimentary email to Pryor about the op-ed piece ("nicely done") and
Pryor reciprocated a complimentary note to Baer regarding_ _a women's luncheon presentation
that she had made. Both emails were copied to Mr. Mareane.ll

It was the press release that started the fire between Pryor and Baer which was never
extinguishêd; indeed, spread throughout the balance of Pryor's HRC chairmanship.
As best as can be recreated from the interviews with Pryor, Baer and Chalmers Simmons,
a press release lvas prepared by Chalmers Simmons and, according to County protocol, was
forwarded by her to Marcia Lynch" - the County Public Information Officer - for review and
comment. Ms. Lynch felt that the release was inaccurate becaus,q it stated thai the County (i.e.:
Legislature) backed passage of GENDA when, in fact, there was no resolution adopted to such
effect. According to Lynch, since the release was time sensitive (to be issued on March 12), she
unsuccessfully tried to contact Ms. Baer and Ms. Chalmers Simmons to discuss the need to
change.the press release. She failed to reach either and consequently contacted Pryor, the HRC
Chair. t3 She explained the problem and Ms. Pryor emailed Chähers Simmons who then edited
release (without input.from or any knowledge by Baer). Pryor agreed with the edit which then
was sent by Chalmers Simmons to Lyn'ch.la

This, then, resulted in an email (subject line: "GENDA Kerfluffle") from Baer to Pryor
referencing "uipleasant phone conversations" between Baer and Pryor and Baer and Lynch
concerning the altered press release.ls

Two days later, March 14,2015, Baer emailed fanìita Walida Simon (HRC Vice Chair).
She expressed reluctance about divulging Pryor's "recent conduct" to the whole HRC professing
o'too much
respect for her". She then expressed a desire to set a protocol for how HRC
communicated with OHR staff and that she - as OHR Director - should be the sole resource for

e

Appendix #9

ro Appendix #10
ll Appendix #11
t2
t3

t4
l5

Appendix
Appendix
Appendix
Appendix

#12
#13
#14
#15

7

 HRC inquiries related to OHR strategies and programs - a pointed reference to the HRC/Pryor
decision to delay the GENDA press conference. In that same email, Baer stressed the respective
autonomy of HRC and OHR.tu Pryor responded that she understood that Baer wanted her to
work with Chalmers Simmons on this project.rT

a

The Pryor and Baer emails were forwarded to Mr. Mareane who, on March 17, suggested
meeting to discuss the situation.ls

B.

THE COMMUNICATIONS BET\ilEEN PETER STEIN AND PRYOR

The other point of contention between Baer and Pryor related to the lunch meetings
which Pryor had with Peter Stein. Baer surmised that Pryor was complaining about her to Stein
and had imparted oonegative information" to him that she felt impacted the integrity of both OHR
and HRC. She quotes Stein as chancteÅzing the situation as "very serious"le. She
communicated this to Mr. Mareane who responded that Stein was simply attempting to mend
fences. When I interviewed Mr. Mareane, he admitted telling Baer that this was how things are
done in Tompkins County; that is, people attempt to amicably resolve their differences and
utilize whatever resources might be available to do so. It was suggested that Pryor and Baer
perhaps meet together with Stein. The meeting, however, never materialized nor did any of the
recommendations that Baer and Pryor use the Community Dispute Resolution Center to mediate
their differences.

I

interviewed Mr. Stein who recalled having lunch with Pryor in March, 2015. He
described Pryor as a friend who he has known for 10-15 years.
He inquired of Pryor about how things were going at HRC. She explained the GENDA
problem which he recalled; she said evoked "tremendous hostility" and enraged Ms. Baer. He
suggested that Mr. Mareane intercede to resolve this. According to Stein this did not create any
rancor between Stein and Baer. He just hoped the differences between Baer and Pryor would be
amicably resolved.
Stein also has lunched with Ms. Baer on many occasions. On one occasion, Baer reported
to Mareane that Stein had invited her to lunch with him. She declined citing "something
unethical about the whole dynamic. o'She sensed that she was being pressured and that this may
be the way things are done in Tompkins County but it is not how sfrã àoes things." 20

It is clear that the major impediment to Pryor and Baer reconciling was Baer's insistence
that they simply go forward and Pryor's feeling that reconciliation required an understanding of
the GENDA situation as well as her communications with Stein. This difference is best
illustrated by a series of emails between Pryor and Baer on June 16,2015 and June 23,20!5.21
16

Appendix
17
Appendix
18
Appendix
re Appendix
20 Appendix
2r

#16.
#17,
#18.
#19.
#20.

Copies of the June 16,2015 and June 23,2015 emails are included in the Appendix as number 21 Stet.
8

 Pryor reiterated a willingness to sit down with Baer and resolve existing differences and thus
dissipate the tension between them. Baer responded that "given ... many attempts in the past to
air our differences", she instead was "looking forward to moving forward." A week later Pryor
took issue with the notion that any meaningful efforts had been made to air the differences
between them. She referred to an executive session of the HRC and an HRC executive
comrnittee meeting. She recounted that in both instances; Baer angrily interrupted her and, at the
latter meeting, displayed what she described as "angry finger pointing". She asked Baet "to have
a civil, adult conversation ... with a facilitator." In short, efforts by the protagonists, Mr. Stein
and Mr. Mareane to mend the differences which had their genesis in the GENDA "kerfuffle"
were entirely for naught. The exasperation over this on Mr. Mareane's part is palpable and
increased in tone as he is copied on email from Baer and Pryor to each other. He got to the point
where he admonished that "ihis volley of emails must stop."22
C.

BET\ryEEN BAER AND SOME HRC COMMISSIONERS

On April 11, 2015, the HRC Executive Committee presented Pryor with a
communications protocol designed to set rules regarding how HRC commissioners would
communicate with OHR staff and legislators. From what appears from emails, Baer had
solicited the support of Ms. Simon - the Vice Chair of the HRC- in this effort. For example, on
March 14,2015 (in the wake of the GENDA problem), Baer emailed Ms. Simon and asked her
assistance in "going forward" by establishing a protocol to define how HRC commissioners
would communicatð with OHR staff (i.e.: thto"gtr Baer).23 She wanted HRC to speak via
consensus. The GENDA situation was the overarching problem. It is obvious; too, that failure
to resolve this quickly and effectively, it would be an impediment to going forward. On April
11,2015, Baer wrote Mr. Mareane to say that some key commissioners and/or OHR staff had
expressed discomfort about Pryor's leadership.2a Evidently Baer had been conversing with the
other commissioners about Pryor. She had sent an email to Simon reporting on her meeting with
Stein and stating it was clear that he had received some negative information about the
Commission.2s Neither of these emails was copied to Pryor -the HRC Chair.

By April, 2015, it was plain that the Executive Board of the HRC (Malone, Hampton and
Simon) had become distrustful of Pryor. There was an executive session described to me by
Josephine Carcich and former commissioner David McNamara as an "ambush" at which Pryor
was attacked. The HRC programs would not go forward unless Pryor signed on 100% to the
protocol and agreed to go forward. According to Baer's email of April 25 , 2015 to Mr. Mareane,
Pryor wanted a facilitator at the meeting which infuriated the commissioners. Pryor was told that
she no longer could serve as Chair unless she agreed.26
Apparently unable to speak to the Commission about her version of the GENDA incident,
Pryor did so by email to Baer and the HRC commissioners. In that email, Pryor recounts the
22

Appendix #22

23

Appendix
Appendix
Appendix
Appendix

24
25
26

#23

#24
#25
#26

9

 background of the GENDA problems from her perspective. It is not accusatory but rather relates
her recollection of what happened with respect to the press release. Indeed, she felt that in
cooperating with revising the press release, she was preventing a mistake that would have made
the HRC and the OHR look bad to the Legislature.ZT In response, Baer emailed the Executive
Committee of the HRC (but not Pryor) on April 25, 2015 and commented: "'Wow. This is
completely cra cra. I can't believe I have to spend time responding to this."28 In response, she
receives an email from Simon who views Pryor's email as "disconcerting" and indicia of Pryor's
unwillingness to go forward.'e A similar email is sent by Ms. Hampton(Secretary of the HRC)
also expressing concem about Pryor's forgetfulness which she believes is 'ocreating confusion"
for the HRC.30

On that same date, Coinmissioner McNamara emails Ms. Pryor expressing his problems
with the communications protocol. He believes it is a protocol which ignores the bylaws and
also places restraints on the chairperson likely to reduce the effectiveness and timeliness of HRC
activities. He concludes that the draft protocol was a response to an event and, at least, "this is
an ambush".3l Mr. McNamara reiterated this when I spoke with him as part of my investigation.
This was confirmed in my conversation with Josephine Carcich who is perhaps the longest
serving member of the HRC. (She believes she has been a commissioner for at least 12 years.)
She recalled vividly the executive session which followed the HRC meeting in April, 2015. She
described it as being extremely antagonistic and that Ms. Simon and Ms. Hampton essentially
threatened that nothing would be done at the HRC unless and until Pryor resigned. In essence,
Pryor was presented with an ultimatum: either you resign or nothing will progress. Carcich felt
the meeting was "very ugly" and that Baer wanted the HRC to be a "rubber stamp" for OHR. As
McNamara later related after he resigned, he felt Baer wanted HRC to be a "cheerleading squad"
for the OHR.32

By April 28,201,5, Simon was emailing Baer that Pryor represented a "major challenge".
She solicited Baer's thoughts on developing a strategy'obecause Pryor needs to be relinquished
from her duties as Chair."33
Leon Lawrence stepped in to try and mediate a resolution. By then, Simon presented an
ultimatum: either Pryor would step down as Chair or she would resign.3a

The die was cast by this point. A few weeks later (May 24,2015), Baer emailed Mr.
Mareane and stated that the Pryor situation has divided the HRC by race. She felt that saving
Pryor would mean losing most of the HRC's diversity - though she does not think that the "race
issue is central".35

27

28
29
30

3l
32
33

34
35

Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix

#27
#28
# 29
#30
#31

#32
#33

#34
#35

10

 In due course - all efforts for a civil discussion with or withotrt mediation having been
exhausted - the Executive Board of the HRC (Hampton, Simon and Malone) wote the legislative
leadership with their grievances abou!- Pryor. These grievances caused them to have "no
confidence" in her leadership of HRC.ro By this time, the HRC's activities had been stopped
cold. An HRC retreat was put on "hold" as were the plans for an awards dinner. Nothing would
happen, it appeared, unless Pryor resigned.
The final straw was when Pryor sought to poll the HRC members to find a date for the
retreat. Hampton balked at doing this because the HRC had not authorized a poll. 37
Pryor resigned on August 7,2015. Mr. McNamara did so as well on that same

date.38

EVIDENCE OF'DISRESPECT SHO\ryN TO MS. BAER BY PRYOR,
LEGISLATORS OR MR. MAREANE

D

I saw no evidence whether in emails or in the interviews I conducted to suggest that Ms.
Pryor exhibited any disrespect towards Ms. Baer. Indeed, it would appear that perhaps just the
opposite was the case.
The conversations between Stein and Pryor were informal and designed to solicit his
in possibly resolving the dispute between the OHR Director and Chair of the HRC.
There is no evidence that anything said during an informal luncheon meeting between pryor and
Stein was in the least disrespectful of Ms. Baer.
assistance

Nor am I convinced that the GENDA situation was motivated by any disrespect by Pryor
toward OHR or its director. I find no substance to the insinuation that Ms. Lynch acted as ihe
did out of friendship toward Ms. Pryor or to purposefully circumvent OHR. Further, I find it
credible that Ms. Chalmers Simmons had been designated to work with the Chair of the HRC
Commission to collaborate in supporting efforts to pass GENDA. At best, there was a
disagreement between OHR and the HRC Chair regarding whether a press conference without
support by prominent Ithaca LGBT advocates would be effective.
Neither Ms. Carcich, Mr. McNamara nor Commissioner Isabella Ramos witnessed Pryor
acting disrespectfully towards Ms. Baer. Ms. Carcich never saw nor heard anything suggesting
-Sh.
that Pryor treated Ms. Baer or any of the commissioners of color with other than respect.
meetings in accord with Roberts' Rules; that is, the chair oversees but does not control the

t*

meetings.

'When

I met with the commissioners,

they were unable to provide me any specifics of
either language or behavior exhibited by Ms. Pryor which could be said to objectively constitute
disrespect. Nor did I have any specifics substantiating the most incendiary of Ms. Baer's
allegations - that Pryor talked to her like she was a "1-----."

36 Appendix
#36
37 Appendix
#37
38 Appendix
#38

1t

 Notably in none of the emails from Baer to Mareane did she complain that Pryor spoke to
her in a condescending or demeaning way or that she treated or communicated to her as if she
((p-----."
was a
E.

THE ACTS OF'RETRIBUTION BY THE COUNTY LEGISLATURE
AND/OR ADMINISTRATOR

Starting in mid-March, 2015 and continuing to early July, 2015, there is no doubt but that
from Baer complaining about Pryor and Pryor reporting about
her treatment by the HRC, the tenor of Mr. Mareane's emails to both Baer and Pryor evidence
increasing exasperation and frustration over the fact that the two are unable to resolve their
differences. He suggested that Pryor and Baer meet and further suggested that Baer consider
apologizing - not for her position or values but rather for how she may have come across. In this
regard, Mr. Mareane had witnessed Ms. Baer having a very angry exchange with Tompkins
County Legislator Leslyn McBean-Claiborne at which Baer started pointing her finger at
McBean Claiborne with a raised voice. Mr. Mareane pointed out to Ms. Baer that she could be
intimidating in her interaction with others and that this could impede the ability to mend ways
with Ms. Pryor. Mr. Mareane repeatedly told me that he was simply providing Baer with what
he felt was his best advice to resolve the dispute.
as he continues to receive emails

I did not see nor have I heard anything suggesting that Mr. Mareane accepted one version
of the Pryor/Baer dispute over the other. Rather, he could not fathom why two individuals each
devoted to a worthy cause could not resolve their differences - whether through the use of an
independent mediator or otherwise.
Nor did I see or hear any evidence from which it might be concluded that Mr. Mareane
adversely treated Ms. Baer or discounted her version of events because she was a confident,
assertive black woman. He simply wanted both Baer and Pryor to "dial it down."3e

F"

THE HIRING F'REEZE

In the sequence of events provided me by Ms. Baer, she links failure of the County
Administrator to approve filling a vacancy in her department with the resignation of Pryor as
HRC Chair.

At my request, Mr. Ma¡eane provided me with a chronology along with emails between
himself and Ms. Baer relating to frlling OHR vacancies. Incontrovertibly, in mid-July, 2015 Mr.
Mareane was very worried about the County's precarious financial situation. Sales tax revenue
was significantly below projections. On July 20,2015, therefore, Mr. Mareane recommended
imposition of a hiring freeze until the third quarter collections v/ere reported in mid-October,
2015.40 By email dated August2l,2015, Baer named a candidate and asked that a position be
filled immediately. The position at issue had not been approved prior to imposition of the hiring
freeze.al In short order, Mr. Mareane outlined a compromise apfroach to filling the position
3e

Appendix #39
Appendix # 40
ar
Appendix # 41
ao

t2

 which involved Baer holding a part-time position vacant for the balance of the year and agreeing
not to spend additional travel dollars. Ms. Baer agreed and the position was approved by Mr.
Mareane on September 13, 2015..^ From the time of the email request by Baer to date of
approval, three weeks had elapsed.a2

I have no evidence that the hiring freeze was treated differently for any other department.
G.

THE REVERSAL OF' COURSE BY MR. MAREANE REGARDING A
DRAF'T LAW PREPARED BY MS. BAER

According to Ms. Baer, one of her initial tasks as Director of the OHR was to review the
existing Tompkins County law prohibiting discrimination and suggesting revisions which might
expand the investigative po\Mers and ability to adjudicate and enforce the OHR's enforcement
po\t/ers. Paula Younger, the Deputy County Administrator, recalled that there had been a
memorandum of understanding ("MOU") between the State Division of Human Rights and
Tompkins County whereby the Tompkins County Office of Human Rights served as investigator
of discrimination complaints made by Tompkins County residents. The OHR then would send
their report of investigation and recommendation to the State Division of Human Rights
("SDHR") which then would act upon that report. However, the MOU had not been renewed.
Consequently, as Ms. Younger recalled, Baer was asked to prepare and present a proposal as to
what the OHR would be doing going forward. Ms.. Younger did not recall that Baer had been
tasked with rewriting the existing law. At any rate, on June 30, 2015, Baer presented Mr.
Mareane, Mr. Younger and County Attorney Jonathan Wood with a revised Tompkins County
Human Rights Law.*' It extensivg.lV expanded the OHR's investigative po,ü/ers and the ability to
adj udicate and enforce violations.**

On July 2, 20]5, Mr. Mareane asked for a meeting with Baer, Wood and Younger to
discuss the draft law.as Baer emailed that she would be out on vacation until July 30,2015:46 A
meeting did take place on August 18,2015 involving Baer, Wood, Younger and Mareane. They
outlined concerns about duplicating the role of the SDHR and asking for a range of alternatives.
As Younger remembered, there was nothing particularly negative said during the course of that

conversation. Mr. Wood pointed out that the SDHR or EEOC was the appropriate body to
enforce violations of anti-discrimination laws covered by the New York Human Rights Law or
federal statutes. Younger felt that the meeting was professional and helpful. Mr. Mareane
recalled the meeting as being somewhat tense.

At any rate, nearly two months passed with no word from Ms. Baer about her efforts to
revise the proposed local law. Mr. Mareane emailed Ms. Baer reminding her that they were
awaiting her suggestions for alternative options.aT

a2
Appendix #42
a3
Appendix #43
aa

Appendix #44

ot A copy of the proposed local law
drafted by Ms. Baer is made of the appendix #45
a6

a7

Appendix #46
Appendix#47
13

 On November 2, 2015, Baer emailed Younger, Wood, and Mareane requesting clarity
regarding their overall issues. She expressed being uncomfortable to articulate and/or address
concerns raised in the August 18 meeting "especially since I don't share them or previously was
unaware of them."48 Five days later, Mr. Mareane responded to Baer's request reminding her of
the "core question" raised during the August i8 meeting; that is, whether the County should
create a system that duplicated all that already exists at the state level. Perhaps more important,
he asked Baer to define the desired and appropriate role of the OHR and whether it should
provide an alternative to the State as a regulatory and enforcement agency, or rather be a vehicle
for education, outreach and conciliation and to assist those who wish to file a state or federal
complaint.ae

To date, it does not appear that this request of Mr. Mareane has been addressed by Ms.
Baer

H.

í-í)ITNTV I,F',I]ISI,ATITRT', Tr)
THE F AII,IIRE OF' THE TO
ACCEPT THE RECOMMENDATIONS OF' THE HRC TO F'ILL
COMMISSIONER VACANCIES

Section C-23.02 of the Charter for the Human Rights Commission provides, in pertinent
part:

Human Rights Commissioners consisting of 15
members appointed by the Tompkins County Legislature for terms of three years.

There shall be a Board

of

Beyond question, it is the prerogative of the Legislature to appoint members to the HRC
which, as noted, is supposed to consist of 15 members. However, according to the HRC bylaws,
in the first instance it is to review candidates and send their recommendations to the Legislature
for consideration for appointment.

In practice, the HRC recommendations are made first to the HHS Committee. That
committee, in turn, then recommends candidates for consideration for appointment by the
Legislature as a whole.
According to this practice, therefore, at its April 2,2015 meeting the HHS unanimously
appointed Isabelle Ramos and Ana Ortiz to the HRC.5u
Ms. Pryor resigned as HRC Chair on August 7,2015. Her resignation occurred following
the letter authored by Executive Board Members Malone, Hampton and Simon to key
Legislators.sl A copy of this letter was sent to Mr. Mareane who, in an email to Ms. Baer,
criticized the letter as "ill-conceived". He stated that this letter will have "created problems that
exceed whatever benefits are envisioned."52 By this, Mr. Mareane was refening to the ill will
a8
Appendix #48
ae

Appendix #49

to ropy of the minutes of the April2,2015 HHS meeting are part of the appendix
A
5r Appendix #51
52

Appendix #52
T4

as #50

 that likely would be created between the HRC and some Legislators as a consequence of the
charges made concerning Ms. Pryor and the rather acerbic tenor of the letter.
After her resignation, Pryor authored a letter to Tompkins County Legislators spelling out
her version of the ciròumstances leading to her resignation.s3 There then followed articles in the
Ithaca Times reporting on the resignations of Pryor and McNamara. An article entitled Human
Rights Commission Drama Continues was published in the October 7, 2015 lthaca Times
which summarized the September 25,2015 letter which Pryor had sent to Tompkins County
Legislators.sa

The effect of all of this up_on certain Legislators is evident from the minutes of the
November 5,2015 HHS meeting." A motion was made to recommend the appointment of
Artemis Tapliga and Tracy Sault to the HRC. Legislator James Dennis - who was not a member
of HHS - said that he would not support approval of these proposed nominees, one of whom was
unfamiliar with the conflicts which created the turmoil leading to the resignations of Pryor and
McNamara. Ms. McBean Clairborne was uncomfortable about changing the process that has
been in place for recommending advisory board appointments. Mr. Stein, agreed. Nonetheless,
the Committee voted 3 1 (Mr. Stein dissenting) to postpone the two recommended
appointments for at least another month.s6 It seems rather evident that the resignation of Ms.
Pryor and the events leading up to it on the part of some HRC commissioners played a role in
postponing action upon the recommendations for HRC appointments made by the HRC.

-

it

At the December 3, 2015 meeting of the HHS57 unanimously approved the
appointments of Artemis Tapliga and Tracy Sault. At that same -meeting, the appointments of
Amos Malone and Josephine Carcich were unanimously approved.to
Following these appointments, the Committee agreed to go into execütive session to
discuss a'opersonnel matter". That personnel matter involved questioning Ms. Simon (who had
been invited to the meeting) to discuss why the HRC had not recommended the appointment of

Christina Dravis. According to Ms. Simon, the HRC felt that Ms. Dravis, the County's 911
director, would have time constraints which would give her inadequate opportunity to fully
participate in HRC business. It also was felt that she lacked experience with human rights issues
essential to being a qualified member of the HRC. Notwithstanding this disagreement, however,
it appears that the other recommended appointees (Tapliga, Malone, Carcich and Sault) all were
approved. The HHS Committee disagreed with that assessment but it does not appear that this
became a factor in any future decisions made by the Legislature (or HRC committee) relative to
the HRC.

See Appendix
'3
5a

t'

56

#53
Copies of the articles in appendix as #54
See Minutes

of November 5,2015 HHS

meeting Appendix #55

Ibid.

5i Minutes of the December 3, 2015 meeting of the HHS
58

are included in the appendix as #57

Ibid.
15

 FINDINGS OF F'ACT
On the basis of my many interviews with pertinent witnesses and careful review of
of emails over the span of the year 2015, as well as my review of the HRC Charter, its
Bylaws, the Mission Statement of the OHR and job description of its Director, I make the
following findings of fact:
dozens

1.

Karen Baer was hired as Director of the OHR in August, 2013. An appointment
approved by the Legislature upon recornmendation of a search committee headed by Paula
Younger, the Deputy County Administrator.

2. At the time of her appointment, the MOU with the New York State Division of
Human Rights had, lapsed and had not been renewed. This, then, deprived the OHR of
investigatory role it once had with the SDHR.
3. The County has an anti-discrimination law which is more expansive than that of
the State with respect to subjects of discrimination. Ms. Baer was tasked with reviewing the
existing law and also defining the role of the OHR going forward with a special emphasis on
outreach and educational components.

4. The HRC is supposed to be composed of 15 members each of whom holds a three
year term and may be reappointed. HRC reviews the applications in the first instance.
Candidates are interviewed by the Executive Committee of the HRC and then referred to the
Tompkins County Legislature for appointment.
5.

The Director of the OHR is, according to her job description, supposed to serve as
an advisor to the HRC. The HRC Bylaws provide that the HRC chairperson is the spokesperson
for the Commission and also is responsible to schedule meetings.

6.

Patricia Pryor, a former Tompkins County Legislator, was appointed to the HRC
on March 18, 2014. Incontrovertibly, her experience with and many years of dedication to
human rights issues and advocacy made her a very qualified appointee.se

7.

Ms. Pryor was instrumental in drafting and securing the passage of the HRC
Bylaws in December,2}l4; work for which she was complimented by, among others, Ms. Baer.

L

These Bylaws contain a provision to how commissioners are to behave with
courtesy toward one another and also contain a communications protocol, of sorts, by which
communications about HRC business are to be communicated to the public and Legislators.

9.

In late March, 2014, Ms. Baer was invited to attend a meeting and to consider a
possible membership in an organization known as CLOC (Community Leaders of Color).

"

A copy of Ms. Pryor's resume reflecting her long and varied experience in human rights endeavors is #59 in the

appendix.

l6

 Without first consulting with CLOC, she sent a Caucasian staff member (Sarah Chalmers
Simmons) to the meeting instead of herself. She declined to attend or become a member because
she felt it inappropriate for the OHR Director to belong to a group which excluded individuals
from membership or participation on the basis of race. This came as a surprise to CLOC
members, such as Marcia Fort, but was not seriously questioned by the HRC or Legislature. It is
not a factor in my conclusion

10.

Patricia Pryor was elected Chair of the HRC effective January

l, 2015. She

succeeded Leon Lawrence.

11.

On or about March 2,2015, the OHR was approached by the Empire State Pride
Agenda ("ESPA") about collaborating with it in an effort to show support for the New York
State Legislature adopting the Gender Expression Non-Discrimination Act ("GENDA").

12. Ms. Baer solicited the assistance of Ms. Pryor in helping with the project which
had very tight time constraints. It was expected that there would be an op-ed piece in the
ne\Mspaper, a pfess release showing County support, and a press conference in support of
GENDA.

13, Since Ms. Pryor had significant involvement with LGBT activity within the
community, Ms. Baer approached her about working with Sarah Chalmers Simmons on this
project. Pryor agreed to do the op-ed piece. Chalmers Simmons was to do a press release and
also work to set up the press conference.
14.

Pryor prepared the op-ed piece which was complimented by Ms. Baer. The press
release was prepared by Ms. Chalmers Simmons and, pursuant to County protocol, forwardéd by
her to Marcia Lynch, the County Public Information Offrcer.

15.

Ms. Lynch noted that the press release inaccurately stated that the County
Legislature supported GENDA. Ms. Lynch noticed that there was no resolution to that effect
and that it would be incorrect to issue a press release suggesting otherwise. Accordingly she
tried to call Ms. Baer or Ms. Chalmers Simmons to discuss this situation and get them to edit the
press release.

16.

I credit the account of Ms. Lynch who acted in accord with her duties as the
County's Public Information Offtcer and was not influenced by any friendship she may have had
with Ms. Pryor. She received the draft press release from Ms. Chalmers Simmons which
contained an inaccurate statement to the effect that the County Legislature formally supported
GENDA.

17.

Lynch attempted to speak with Ms. Baer or Ms. Chalmers Simmons but was
unable to reach either of them. Knowing that Pryor was the Chairperson of the HRC, she
contacted her, explained the situation, and Pryor agreed that the press release needed to be
edited. She emailed Ms. Chalmers Simmons who then revised the press release to delete
reference to the County supporting GENDA and, instead, stating only that the County Office of

T7

 Human Rights stood in solidarity with ESPA in support of GENDA. She sent it directly to Ms,
Lynch.

18.

At the same time, Pryor was proposing that the press conference be delayed. One
of the "key players" (Luca Maurer) who heads the LGBT organization at Ithaca College was out
of town as were Ithaca College students who were on spring break. This did not sit well with
Ms. Baer. She was enthused about working with ESPA on a prominent human rights issue and
felt that Pryor disagreed with the OHR strategy and disregarded OHR's plans working to assure
they were not implemented.

19.

There

is no question that the GENDA "kerfluffle" or "turf

snag" (as

so

denominated by Ms. Baer) created a very serious breach in the relationship between Baer and
Pryor.

20.

The GENDA problem became the subject of a series of emails by Baer and Pryor
to Mr. Mareane, the County Administrator (who also happens to be Baer's supervisor).

2I.

Mareane sought to cool things down between Baer and Pryor. He offered his
willingness to meet with either both of them or separately. He also encouraged them to discuss
this civilly between themselves.

22.

In the meantime, Pryor had lunch with Peter Stein - the Chair of the Health and
Human Services Committee of the Legislatue. It was not uncommon for Stein to meet with
various department heads and chairs of advisory committees. In addition, Stein had served in the
Legislature with Ms. Pryor and they had a very good relationship. He had many luncheons with
Baer over the years as well.

23.

During the Stein-Pryor luncheon, Stein generally inquired about how things were
going with the HRC. Pryor brought up the problems with GENDA which she felt would impact
the work of both the HRC and OHR. Stein volunteered to speak with Baer to try to amicably
resolve the differences which had arisen as the result of the GENDA project but suggested this
might be best handled by Mr. Mareane.

24.

There is no evidence that Pryor spoke about Baer in a derogatory way during her
lunch with Stein.

25. When the HRC Executive Board (composed of Jamila Walida Simon, Amos
Malone and Talyse Hampton, respectively Vice-Chair, Treasurer and Secretary) was told of the
meeting between Pryor and Stein, they drafted and proposed a new communications protocol to
be followed by all HRC commissioners. The Executive Board compelled Pryor to agree with it.
Commissioner McNamara, in particular, felt that the new protocol was at variance with the HRC
Bylaws (which designated the Chair of the HRC as chief spokesperson for the Commission).

26.

This protocol was presented to Pryor at a heated, antagonistic Executive Session
at which Pryor was given little opportunity to address the problems and accusations raised at the
meeting.
18

 27.

There was a difference of opinion concerning how the HRC should go forward.
Baer, who had solicited the support of the HRC Executive Committee, wanted to go forward
without addressing the probléms of the past (i.e.: GENDA and the Stein/Pryor luncheon). Pryor
felt that was impossible unless and until a reconciliation could be reached between shé and Baer
with respect to their past differences.

28.

Throughout this period, Mr. Mareane offered to act as peace keeper. While he
offered his services in this regard, he also suggested possibly using the Community Dispute
Resolution Center.

29.

Mr. Mareane's efforts were viewed by Ms. Baer as indicative of his failure to
"have her back". He had witnessed her in meetings in the past where she exhibited behavior
which was very threatening and intimidating. He suggest.d thut she apologize to Pryor - not
because of her values or disagreements cpncerning programs or strategy - but rather because
how her conduct toward others might be seen as threatening or intimidaling.

30.

I did not find any evidence to support the claim or insinuation that Mareane's
comments in this regard were intended to chastise, reprimand or otherwise punish her for being a
confident, assertive black woman. Nor was I presented with any evidence to the effect that male
Caucasian department chairs were treated dissimilarly in like circumstances.

31.

In late April, 2015 following a vitriolic HRC executive session Pryor
determined to share with the commissioners in an email her account of the GENDA controversy.
That email contains no accusations about Ms. Baer nor was it in any manner accusatory. Ms,
Baer's reaction to this email is quite telling. In an email to Commissioners Simon and Hampton,
she characterized Pryor?s explanatory email as qazy and expressed that she could not be
bothered with replying to it.

-

-

32.

Throughout the months of April through July, the chasm between Pryor and her
Executive Board - especially Simon - widened. tt goito point where Simon threatenLd to resign
unless Pryor relinquished her chairmanship. In this regard, Simon invited ideas from Ms. Baer
as to how this might be done.

33.

During this span, the work of the HRC effectively came to a standstill. Efforts to
schedule a retreat and to hold an awards dirurer went nowhere because Pryor refused to
voluntarily relinquish her chairmanship. For his part, Mareane discouraged forcing a
resignation. He suggested that this could be changed in January, 2016 when the election of the
HRC chair would be considered. I did not see nor hear any specific evidence suggesting that
anything said or done by Pryor was disrespectful of, condescending toward or demeaning to Ms.
Baer. On the other hand, I did see evidence that the commissioners disregarded their own
Bylaws in how they treated their colleague, Ms. Pryor (i.e.: to treat one another with courtesy,
respect, dignity, objectivity and fairness).

34. I

do not find that the County

retaliated against Ms. Baer because of her role

-

-

whether its Legislators or Administrator whether real or perceived - in the resignation of

t9

 Ms. Pryor from the Commission on August7,2015. A resignation, by the way, which resulted
from Pryor being, told that she could not conduct a poll among HRC commissioners to try and
schedule a retreat because she did not have a resolution by the HRC to conduct such a poll.

35.

This said, I find on at least one occasion (the HHS Committee meeting of

November 5, 2015) certain appointments were postponed in part due to the Pryor resignation and
the actions of the HRC Executive Board to secure that resignation. However, the recommended
appointments (Tapliga, Sault, Carcich and Malone) ultimately were approved. While delays may
have been attributable to actions taken by the HRC Executive Board, there is nothing to suggest
that either racism or sexism played a part in that action.

36.

There v/as a legitimate, non-discriminatory reason why the OHR was unable to
hire following Ms. Pryor's resignation. The County Administrator with the consent of the
Legislature had imposed a hiring freeze due to a shortfall in sales tax revenue. This resulted in
tlre imposition of afreeze in employment for all departments with very few exceptions (i.e.: the
need for emergency personnel, to reduce overtime, etc.). Notwithstanding the freeze, Mr.
Mareane agreed to allow Ms. Baer to fill a vacancy and she was able to do so within three weeks
after her request. I see nothing to suggest that the hiring freeze was applied disproportionately to
OHR nor because of Pryor's resignation.

37.

Mr. Mareane ooreversed course" regarding his support of
the local law revisions made by Ms. Baer on June 30, 2015. After giving the revised law to
Messrs. V/ood and Mareane and Ms. Younger on June 30,2015, Ms. Baer left for a one month
vacation. In the meantime, the law was reviewed by Younger, Mareane and Wood who, by
consensus, agreed that it was duplicative of the work and enforcement powers of the SDHR.
They were looking for something that would defure the role of the OHR that would not
essentially replicate the investigatory and enforcement powers of the SDHR. This was explained
at a meeting with Ms. Baer on August 18, 2015. It had nothing to do with Pryor's resignation or
Ms. Baer's perceived or actual role in inducing it.

I do not

see evidence that

38.

I also find that the Legislature's disagreement with the recommendations made by
the HRC Executive Committee to fill HRC vacancies was not done to retaliate against Ms. Baer
or the HRC. There was a legitimate disagreement over the fact that the Execulive Board
recoÍrmended that Ms. Dravis not be appointed. As the Legislators viewed it, Ms. Dravis had
experience on the County's workforce diversity committee and had shown the requisite interest
in carrying that experience to the HRC. A legitimate disagreement should not be seen as being
retaliatory.

CONCLUSION

It is with these factual findings, then, that I

have analyzed the charges recited in Ms.
Baer's November 20,2075 memorandum to the HHS Committee members and Michael Lane as
Chair of the Tompkins County Legislature. The charges ale summarized in the subject line as
"Delay of Appointment/RetaliatiorlHostile Work Environment".

20

 The delay of appointments really is subsumed as part of the charges of retaliation and
hostile work environment. Such being the case, the charges must be measured by the legal
standard enunciated by the New York Court of Appeals in Forrest vs. Jewish Guild for the Blind,
3 NY3d 295 (2004). There, a terminated African-American employee initiated an action,
alleging that her former employer discriminated against her on the basis of race and color and
retaliated against her for complaining about such discrimination. The Court's analysis started
with the recital of the requirements for the prima facie case of racial discrimination. A claimant
must demonstrate that she suffered some adverse employment action under circumstances giving
rise to an inference of discrimination. In this instance, Ms. Baer has not alleged that she has
suffered any adverse employment action as a consequence of her perceived or actual role in
securing Ms. Pryor's resignation as Chair of the HRC. Rather, she asserts that the HRC decision
to replace its chair'ocreated a hostile work environment for [her]". As the Court in Fonest made
plain:

A

racially hostile work environment exists 'when the worþlace is permeated
with discriminatory intimidation, ridicule and insults that is sufficiently severe or
pervasive to alter the conditions of the victim's employment and created an
abusive working environment'.
3

NY3d at394.

The conduct must both have altered the condition of the victim's employment by being
subjectively perceived as abusive but also must have created an objectively hostile or abusive
environment - one recited that a reasonable person would find it to be so. Id. at 395. This same
standard was more recently analyzed in La Marca-Pagano v. Dr. Steven Phillips" P.C., 159 AD3d
918 (2'd Dept. 2015), See also: Bell v. Columbia University, 851 FSupp.2d,650 TSONV 2012).
In the latter case, the Court emphasized that neither the New York State Human Rights Law nor
Title VII constituted a general civility code. Id. at 670-71' The Court also noted that under both
Title VII and the NYSHRL, o'the standard for a hostile work environment claim is 'demanding'
and the fclaimant] must prove that the conduct was 'offensive, pervasive and continuous enough
to amount to a constructive dischaÍ5e."' Id. at 672.

I do not see how the postponing HRC's recommended slate of candidates or, disagreeing
with its assessment of Ms. Dravis as a candidate can be said to have led to a hostile work
environment for Ms. Baer. The Charter of the HRC makes it very plain that the ultimate
decision to appoint an individual to the HRC is clearly left to the Legislature.

In this case, therefore, the HHS Committee felt that Ms. Dravis was a worthy candidate.
This reflected an honest disagreement conceming the viability of Ms. Dravis as a potential
member of the HRC. The Legislature acted in accordance with the HRC Charter. Regardless,
this falls far short of egregious conduct which. could be said to rise to the level of creating a
hostile work environment for Ms. Baer or, for that matter, the HRC as an advisory committee.

With respect to the claims of retaliation made in the memorandum, Forrest is equaily
instructive on that subject as well. The Court of Appeals held that in order to make out a
retaliation claim under the State Human Rights Law, it must be shown that an adverse
2I

 employment action based upon the claimant's protected activity was causally connected to her
protected activity. Here, Ms. Baer alleges that retaliatoty measures were directed toward her by
the County Administrator and "other County actors". I did not see or hear anything suggesting
that some adverse employment action was taken against Ms. Baer in the wake of Ms. Pryor's
resignation. Nor was presented with any evidence that the Legislature or the County
Administrator either retaliated against Ms. Baer or created a hostile work environment for her
because she refused to engage in what she characterized as a "discriminatory strategy against the
HRC". As Ms. Baer correctly points out in her November 20 memorandum, the Director of
OHR does not have the authority to influence HRC protocols. Rather, he or she simply serves as
an advisor to the HRC. This said, the evidence is quite plain that Ms. Baer did take an active
role with the Executive Board of the HRC and supported their efforts to remove Ms. Pryor as
Chair of the Commission. In this regard, reiterate that the April 25, 2015 email to the
commissioners dismissing Ms. Pryor's explanation of the GENDA controversy speaks volumes
about her active involvement in garnering support for the removal of Ms. Pryor as Chair of the
HRC.

I

I

Also, there was no evidence that Ms. Baer was presented with a "series of misguided
directives" which were based on race, color and sex. If anything, Mr. Mareane patiently tried to
resolve the conflict between Pryor and Baer. He became increasingly frustrated, in fact,
exasperated, over the inability of these two women to mend their differences. I believe, too, that
Ms. Baer has taken out of context certain comments made by Mr. Mareane as he tried to
intercede in this dispute. For example, suggesting that she consider apologizing to Ms. Pryor for
how she may have come across. Also, when he mentioned that this is the way things are
resolved in Tompkins County, he was referencing the use of alt possible means (e.g.: speaking
with Mr. Stein on using CDRC) to resolve issues.
Certainly, too, the delay in appointing position vacancies at the OHR was done for a
legitimate, non-discriminatory/non-retaliatory reason; that is, given budgetary restraints because
of reduced sales tax revenue, a County-wide hiring freeze was imposed. There is no evidence
that OHR was treated dissimilarly than any other department within the County. In the end, the
position was filled within three weeks following Baer's request.

I have concluded, therefore, that this is not a case of discrimination, retaliation, nor has a
hostile work environment been created for Ms. Baer, her office or the HRC. However, there
plainly is a need going forward to engage in constructive communications among Ms. Baer, the
HRC, Mr. Mareane, the HHS Committee Chair and Committee and Ms. Younger to define the
roles of both OHR and HRC going forward. In speaking with Ms. Ramos, I was encouraged to
hear that- at least within the HRC- this process is occurring. The long delayed retreat happened
earlier this year. It was facilitated by Scott Heyman and Ms. Ramos who felt it was quite useful.
Sustained good communication among those devoted to furthering Human Rights in Tompkins
County is critical to achieving this most worthy goal.

22

 Dated: March 15, 2016

Respectfully submitted,



Edward C. Hooks



23

APPENDIX
In the Matter of Karen Baer
Tab No.

Document Description

1

Memorandum of Baer November 20, 2015

2

Sequence of Events from Baer

J

Human Rights Commission Executive Committee's Letter of No Confidence Dated
July 8, 2015

4

Human Rights Commission Bylaws

5

Human Richard Commission Charter

6

Office of Human Rights Mission Statement

7

Director of Human Rights Job Description

8

flntentionally omitted

9

Email of Pryor to Simmons dated March 2,2015

10

Email of Pryor to Simmons dated March 2,2015

11

Email of Pryor to Baer dated March 11,2015

t2

Email of Simmons to Lynch dated March 1 1, 201 5

13

Email of Lynch to Pryor dated March

I4

Email of Simmons to Lynch dated March 11, 2015

15

Email of Baer to Pryor dated March 12,2015

t6

Email of Baer to Simon dated March 14,2015

tl

Emails between Baer and Pryor dated March I2,20I5

18

Email of Mareane to Baer dated March 17,2015

T9

Email of Baer to Mareane dated March 1 8, 2015

20

Email of Baer to Mareane dated May 6,2015

2T

Emails of between Pryor and Baer dated June 16, 2015 and lune 23,2015

22

Email of Mareane to Baer dated April 27,2015

-

footnote on Report only]

ll,20l5

 23

Email of Baer to Simon dated March 14,2015

24

Email of Baer to Mareane dated April 11,2015

25

Email of Baer to Simon dated March 18,2015

26

Email of Baer to Mareane dated April 25, 2015

27

Email of Pryor to Commissioners dated April26,2015

28

Email of Bear to Executive Board dated April26,2015

29

Email of Simon to Pryor dated Aptil27,2015

30

Email of Hampton to Commissioners dated Ãptil27,2015

31

Email of McNamara to PrYor dated A pril28,2015

32

Email of McNamara to Dan Klein (Member o f HHSC) dated August 13,2015

JJ

Email of Simon to Baer dated April 28, 2015

34

Email of Lawrence to Commissioners dated May 21,2015

35

Email of Baer to Mareane dated

36

Human Rights Commission Executive Committee's Letter of No Confidence Dated
July 8, 2015

5t

Email of Pryor to Mareane dated July 13, 2015

38

Resignation Letters of Pryor and McNamara both of August 7,2015

39

Email of Mareane to Baer dated MaY I 9,2015

40

Memorandum of Mareane to Legislators dated July 20,2015

4l

Email of Baer to Mareane dated August 21,2015

42

Email of Mareane to Baer dated S eptember 13,2015

43

Email of Baer to Mareane dated June 30, 2015

44

Draft Anti-Discrimination Law

45

Email of Mareane to Baer dated July 2,2015

46

Email of Baer to Mareane dated July 2,2015

47

Email of Mareane to Baer dated October 13,2015

48

Email of Baer to Mareane, et al. dated Novem ber 2,2015

};4:ay

24,2015

 49

Email of Mareane to Baer dated November 7,2015

50

Health and Human Services meeting minutes of April 2,2075

51

Human Rights Commission Executive Committee's Letter of No Confidence Dated
July 8,2015

52

Email of Mareane to Baer dated July 11,2015

53

Email of Pryor to Legislators dated September 25, 2015

54

Ithaca Times Articles

55

Health and Human Services Commission Minutes of Novembet 5,2075

56

rbid

57

Health and Human Services Commission Minutes of Decçmbet 3,201 5

58

rbid

59

Pryor Resume

 Exhibit 1

T#Irffi

ron¡prcrrus

coururv

Office of Human Rights

12o MARTIN LUTHER KING, JR. /W. STATE STREET
lTHAcA,

lNctusloN THRoUGH DrvERsrrY

NrwYoRrr4S5o

Tel: 6o7.277.4o8o Fax: 6o7,277,4to6

MEMORANDUM
TO:
FROM
DATE:
RE:

Health and Human Services (HHS) Committee Members
Michael Lane, Chair of the Tonrpkins County Legislature
Karen W. Baer, Director of Human Rights
20 November 2015
Delay of Appointments/Retaliation/Hostíle Work Environment

HHS Committee meeting lastweek, Legislator Peter Stein asked that he and lmeetto discuss the
underlying reasons for the Committee's delay of two (2) Human Rights Commission (HRC) appointments. As
you recall, I was unable to attend the meeting due to illness.

Afterthe

When we met on November 18th for that purpose, Legislator Steín informed me that (1) he was the only
member ín support of the slate of nominees forwarded to the Committee by the HRC; (2) when concerns
were voiced about the HRC nomination process, a motion was passed to postpone approval of the slate; and
(3) after the meeting, he canvassed committee members in orderto explore their particular concerns.
According to Legislator Steín, the sole concern raised by HHS members was the following: because Pat Pryor
enjoyed universal respect among her former Legislatr:rr colleagues, there currently exists enormous
resentment towards me by Legislators for whatever role they perceive I played in the HRC Board's resolution
an act that subsequently led to her resignation as HitC Chair in August
of "No Confidence" against Pat
2015.

-

I would first like to respond by pointing out that according to HRC by-laws, the Director of Human Ríghts does
not have the authorityto unduly influence HRC protocols related to the interviewing, selection, or removal of
its members. Therefore, it is unclear to me why an unrelated act of resentment towards me should
negatively impact the work of the HRC.

Likewise, I am not able to understand why the HRC decision to replace its Chair has, as a result, created a
hostile work environment for me. For example, in the past few months therê have been a number of
retaliatory measures directed toward me and my office by the Administrator and other County actors; and I
believe these demeaning behaviors stem from my refusal to engage in a discriminatory strategy against the
HRC
a strategy involving a series of misguided directives lperceived to be based on race, color, and sex.

-

And lastly, since no member of the Legislature orthe Administration has been provided with my accounting
or perspective in regard tothis controversy, lrespectfully askthatthey please refrainfrom unfair judgments
and actions. lf, on the other hand, it is true what some persons in power have repeatedly insisted upon
then so be it.
namely. that, "This is how we do things in Tompkins County"

-

-

 ¡)

We are lvriting to you an Executive Sutunary legarding the culrent state of the Tompkins County
Hnrnan Rights Conulission (Con:nission) in an effort to flurcla resolntion to some of the challenges
\,\,e've eucounterecl,

It's our hope to schedule

with you concerning this matter,

a meeting

as you have

been a champion of human rights ancl the Comrnission siuce its inceptiori. Youl great r,vork in the

commrnity

ancl

with the Commission, nolv and in the past, rnake us believe you can help provicle

support ancl insight.

the Executive Committee, the Commission, ancl

Over the past few months the Executive

of Talyse Hanpton, Secretary;

Amos Malone, Tleasurel; and Jamila

lce

mitigate the clamage resulting

vision for Tornplcins County. Based on this

sfiuggle, lve regretftilly

This summary,

to

of

conclusion that Ms. Pryor is not atrle or wiiling to fairly
o1'

by

the Office.

Conrmittee cluonicles Ms. Pryor''s conclnct and

been hannflll to the

il

has struggled over horv to

vated leaclership sryle ancl her inability to

reco gnize the Comrnission's

Iepres ent the interests

-

and the goocl

will

r,ve

hol it has

have been ciiligently been trying to re-establish

the con-unlrnity. In-an effort to remecly the darnage that has been done ancl to move forrvard r,vith

ont hnman rights agencla, we

-

the Executive Boarcl

voice a vote of 'No Conficlence' in Ms. Pryor

-

lvoulcl like to share lvith you otu iutention to

as ortr cun'ent Chair.

Onr leasons for a vote of No Confidence inclucle:

 " Ms. Ptyor has voicect her cloubts regarding the need for the HRC given the large nuürber

of

organizatiotis cnrrently existing in Tomplcins County that ah'eacly setve protectecl groups.

' We have

become increasingly awale that Ms. Pryor misuses her former political ancl now pelsonal

relationships in orcler to flirther her personal agenda. Ms. Pryol cloes not, as a nrle, use these fomrer

conlections in

a

way that tends to benefit ol represent the interests of the Conurission, the Office, or

the commuuity at large.

. Ms. Pryor has and continues to malce executive-level clecisions rvithout
Conrmittee or the Comnission at large. Then, she asserls to others
of out'collective voices anci experiences.

. Several rnonths ago Ms. Pryor began a strategy of
rvork of the Comrnission, while purposely
This strategy is

a

members about the
the wolk of the Office.

s

reflection of her own personal

. Ms. Pryol unilaterally malces

protocols iu order to selve her orvn

interests. For example, she

of Secretary by clrafting and dístlibuting the

May 2015 meeting minutes
addition, she made a

of the Comnissiou.

to rcflect her olvn personal vier,vs ancl agencla. In
decision to amencl the Comrnission's rnonthly meeting

scheclule solely to

Peter Stein's vacation schedule, without regarcl to

inclividual

Tb.e

proposed by

reconlnendation to meet with Legislator Stein rvas

in an email, but was approved by Ms. Pryor r,vithout any

adclitional i¡put.
t'.t

:::.1

' The Executive Board

and the Comnission at large supports the work of the Office. Prior to Ms.

Ptyor's becoming Chair, there were no negative aspects regarding the working lelationship between
lhe Corunission and the Office. The Corunission has been both supportecl by aricl supportive of the

Director and the Office. Ms. Pryor has on many occasions voiced her opposition to this vierv
perpehrated an atmosphere of clishust between the Comnission and the Offîce,

ancl has

 " Because of Ms, Ptyor's condnct, there has cleveloped a cliscoruagingiy iong list of commr.rnity

events that the Conmrission has not palticipatecl in or snpporlecl.

h

addition, at every Comrnissiorr-

related tneeting, Ms, Ptyol has asserted her personal agenda, which has a cliscouragilg ancl ciistracting

irnpact on Commissioners and our vision for moving forwarcl. Many months ago, tire Conlnission's
goal was to reestablish its annnal Human Rights Awarcls Dinner; to frrily parlicipate in the 2015
Ithaca Festival palade; and to holcl a Genclel Expr:ession Non-Discdmination Act (GENDA)-focusecl
pless conference. Ever since Ms. Pryor became Chair', however, Corunission outreach efforts have

what has transpiled at meetings and holv she

to others, especially when

engaging with hel personal colleagues.

" Ms. Pryor

albitrarily

for Conlnissioners that best fit her scheclule

sets

and not that of the collective

. When Couunissioners

with Ms. Pryor, she uses hel fonnet political

net'works to

acldress the sihration. The Executive Board interprets this strategy

and

pulation. Based on Ms. Pryor's behavior, we believe it is her ultimate
of the Office tenninated as Counfy employees or at the least

political allies

'We want to malce it very clear, the Executive Boalcl does not perceive there to be any problem
betrveen the Office of Human Rights and the

Hulan Rights Comrnission,

Rather',

it is our vierv that

Ms. Ptyol's actions are the sole soulce of conflict and negativity that is irnpeding our progress
actclressing human rights challenges that Tomplcins County residents face,

tor,varcl

 I

)

Our goal is for the Comn:ission to continue to exist and flinction. We ceitainly recognize that this
action is provooative. But we also believe our inaction

will

leacl to the demise of the Commission.

There has ah'eady been far too much tirue ancl energy invested on this sihration.

Therefore, we would very much like to request

a

meeting with you in order to cliscuss this rrery urgent

matter'. We can be available as early as this Friday, July 10, 2015 at9:00 a.rn.. For your converlience,

we

will

be glad to come to your office at GIAC.

If you cannot rieet

as requestecl, please
.,.;:¡

infonu us of

some times that you are available. Thank you for your time with this matter.

.'!,!

(tnemUem consi¿erin

Jarnila Walida Simon, Vice Chair', 607.262.6818,
Talyse LaDora Hampton, Secretary, 607 .201.8183, ta
Arnos Malone, Treasruer, 607 .339.7 2L2,

';iiÌ

'i
.ì1:.

,

.:-

 Exhibit 2

JM lifts hiring freeze
for other County departments

10-23-15

8-21-15
and its
local anti-

ånd
support

:

,

Hiring freeze cont¡nues until end
of 2015 for OHR, with one
vacancy remaining

t-t-L6
overlooks KB for appointments tô
human rlghts relãted committees

PS.

PP

shares her

(with conditions)

I

þzmr

PERIOD

OF HUMAN

RIGH

INACTIVITY

S COMM"ISSION

I( ET

Sequenoe ol Euents

W

 Exhibit 3

Ì

Page -i of

3

Sent: Wednesday, July 08, 20L5 12:00 PM
To: lmcbea n@citvofithaca.org
Cc: Jamila Walida Simon; talvseladora@gmail.com; Amos Malone
Subject: RE: Confidential Human Rights Commission matter

Confidential
Dear Leslyn,
I hope this email finds you well, I am writing on behalf of three members of
the Executive Committee of the Tompkins County Human Rights Commission [HRC)
Executive Committee [Talyse LaDora Hampton, Amos Malone, and rnyselfJ regarding
a concern for the health of the HRC, The attached document is a summary of our
concerns and, given the severity of the issue, we woulcl like to request a meeting with
you at your earliest convenience. We can be available as early as Friday, July 10 at
9:00 a.m.
We appreciate your attention to this matter and look forward to hearing from you
soon,
Sincerely,

file:ll/C:lUsers/.IMAREANE/AppDatalLocallTerirpD0grprvise/55A3F477count1,DOcoun...

1112212015

 We are r,vriting to you an Executive Sumnary regarcling the cullent state of the Tomplcins Counfy
Huuran Rights Comllission (Conmission) in an effort to fincl a resolution to some of the challenges

we've encounterecl. It's onr hope to scheciule

a rneeting r,vith

you concernilg this rnatter,

as you have

been a cirampion of human lights ancl the Commission sùrce its inception. Yorrr great r'volk in the

community ancl with the Commission, nolv and in the past, make us believe you can help plovicle
suppolt

ancl insight.

In January 2015, the Commission elected Patricia Pryor to serve as its Chair. As

a long¡tanciing
. !

civil

i.'

servant of the Tompkins Counry, am.ong nany other accolacles, Pat was eiectd'liy Çonlnissióners

for
the Executive Committee, the Conulission, ancl

of Talyse Hampton, Secretary;

Over the past few months the Executive
Arnos Malone, Treasurel; and Janila

u11oll,

rnitigate the ciamage resulting

has struggled over

hol

to

leaclelship style ancl her inability to

S

vision for Tornplcins Cor"rnty. Based on this

recognize the Comrnission's

shrggle, we regretftiily

-

to

l¡av.9.

conclusion that Ms. Pryol is not able or willing to fairly
or the Office.

Cornmittee chlonicles Ms. Plyor's conclnct and horv it has
gooct

in the commrruity. In:an effort to
our l'ruman rights agencla, we

-

r,ve

have been cliligently been trying to re-establish

remecLy tlre darnage that has been done ancl to move forr,vard r,vith

the Executive Boarcl

voice a vote of 'No Conficlence' in Ms. Plyór'

Our leasons

will

fol a vote of No Confidence

-

lvoulcl lihe to share u,ith you our intention to

as or11'curLent Chair'.

inclucle:

 e

Ms. Pryor has voicecl her cloubts regarding the need for the HRC given the large number of

organizations cnrrently existing in Tompkins County that alreacly serve protectecl groqrs.

" We have becotne increasingly aware that Ms. Pryor misuses her former: political and now personal

relationships in ordel to flirther her personal agenda. Ms. Pryor cloes not, as a rnle, use these fonner
connections in a way that tends to benefit

oL

represent the interests of the Cornmission, the Office, or

the conlnunity at iarge.

. Ms. Pryor has and continues to make executive-level clecisions rvithout co¡Ëiiîting the'äxecirtive
-

,..i

Comnrittee or the Coulmission at large. Then, she assefis to others tlrat'bsr vielvs.ãir r€þresentative

of our collective voices ancl experiences.

. Sevelal months ago Ms. Pryor began a strategy of

work of the Commission, whiie purposely
This stlategy is a reflection of her own personal

. Ms. Pryor unilaterally malces

the work of the Office.

entative of the Commission.

plotocols iu older to serve her orvn

interests. For example, she unil

of Secretary by cirafting ancl clistlibuting the

May 20 I 5 meeting minutes

to reflect her own personal vier,vs and agencla. In
decision to amencl the Cornrnission's rnonthly rneeting

aclclition, she made a
scheclule solely to

inclividual

mernbers about the

tor Peter Stein's vacation schedule, without regalcl to
The reconlnendation to.meet with Legislator Stein rvas

.:

proposecl by a single

in an email, but was approvecl by ivls. Pryor r,vithout any

adclitional irrput
.:j

'

The Execritive Board and the Comnission at large supports the work of the Office. Plior to Ms.

Ptyor's becoming Chair, there were no negative aspects regarding the r.vorking relationship between
the Corunission and the

Office. The Commission

has been both supportect by ancl supportive of tlie

Dii'ector and the Office. Ms. Pryor has on many occasions voiced hel opposition to this vierv
perpehtatecl an atmosphere of disttust between the Comnission and the Office,

ancl has

 " Becanse of Ms. Pryor's conduct, there has clevelopecl a cliscouragingly lorig list of community
events that the Commission has not participatecl in ol supportecl. In addition, at every Comrnission-

related rneeting, Ms. Pryol has asserted her personal agenda, which has a cliscouraging anci clistracting
irnpact on Conrmissioners and our vision for moving forward. Many months ago, the Conmission's
goal was to reestablish its annual Hrunan Rights Awarcis Dinner; to

flilly participate in the 2015

Ithaca F'estival parade; and to holcl a Genclel Expression Non-Discriruination Act (GENDA)-focusecl
press conference, Ever since Ms. Pryor became Chair', however, Corrulission outleach efforts have
been put on holcl, with our nonnal business remaining at a stancl

still.

'

,

lt

r,vhat has transpired at

meetilgs and holv

she

to others, especially when

engaging with her personal colleagues.

. Ms. Pryor arbitrarily sets

for Conmissioners that best fit her scheclule

and not thát of the collective

. Wlren Couunissioners
networks io

gree with Ms. Pryor, she uses hel fonner political
1n

address the situation. The Executive Board irferplets this strategy

as a misuse of powèr' and

intention to have

Based on Ms, Pryor's behavior, we believe it is hel r.rltimate

of the Office terminated as County employees ol at the least

leprimanded by her political allies.

"We want to make it very clear, the Executive Boarcl does not perceive there to be any proìrlem
betrveen the Office of Hulnan Rights and the Human Rights Comrnission, Rather, it is our vierv that

Ms. Pryor's actions are the sole source of conflict and negativity that is irnpeding our
aclclressing human rights challenges that Tomplcins County residents face.

p.r-ogress tor,varcl

 I

)

Our goal is for the Commission to continue to exist and ñlnction, We cerlainly recognize that this
action is provocative. But lve also believe our inaction

will

leaci to tl're demise of the Comnission

There has already been far too much time ancl energy invested on this situation.

Therefore, we r,vould very much lilce to request a meeting with you in orcler to
matter.
we

will

Vy'e

cliscr"lss

this vely urgent

can be available as early as this Friday, July 10, 2015 at 9:00 a.m.. For your convenience,

be glad to corne to youl office at GIAC.

If you cannot

rneet as requestecl, p,lease

some times that you are available. Thank you for your time with this matter

(tnemUers consi¿e¡
Jarnila Walida Sírnon, Vice Chair', 607.262.6818 iws62@cornell,ectrl

Talyse LaDora Hampton,

S

ecretary, 607, 20

Arnos Malone, Treasurel 607 .339.7212,

1. 8 1

83,

infonl

us

of

 Exhibit 4

Adopted by Tompkir¡s County Legislature on Decernbetr 2,?:A1,4,
wia Resol¡,¡tlon [So" 22CI
BYLAWS: l'lUfVlAN RIG!'NTS COüV M SS ON
ARTICLE 1: NAME

The name of this organization is the Tompkins County Human Rights Commission.
ARTICLE 2: STATEMENT OF PURPOSE/MISSION

The Tompkins County Human Rights Commission, also known as the Commission or
HRC, is a volunteer Advisory Board appointed by the Tompkins County Legislature, also

known as the Legislature. The purpose and mission of the Commission shall be:
c To foster understanding and respect among all persons in Tompkins County.

o

To encourage equality; discourage discrimination; and to serve as an Advisory
Board to the Office of Human Rights and to the Tompkins County Legislature.

ARTICLE 3: MEM B RSFIIP

L.

The Commission shall be composed of fifteen (15) members. Each of these shall
be appointed by the Tompkins County Legislature for a term of three (3) years
and may be reappointed. Candidates for membership willfile an application,
resume and supporting documents with the Clerk of the Legislature or with the
Hurnan Rights Office. Applications will be reviewed and candidates interviewed
by the Executive committee of the Commission. Recommendations for the HRC

Z.

together W¡th all applications, resumes, and interview comments will be
forwarded to the Tompkins County Legislature for appointment.
Whenever a member leaves the Commissíon, a successor shall be recornmended
as soon as possible by the Commission to the Tompkins County Legislature for
appointment to serve the unexpired term for which such member had been
appointed.

3. The membership should consist of individuals who possess demonstrated
experience and knowledge in the promotion and protection of civil and human
rights, and elimination of unlawful discrimination. Members shall be residents of
Tompkins County.

4.

Tompkins County will accept new applications for Commissioners at any time. ln
making appointments to the Commission, the Legislature, in keeping with the
County Charter, Article 23.O2 (See Appendix 2), will take into consideration
1

 various factors in an effort to develop a uniquely vibrant and fully functioning
body that is representative of all of Tompkins County and its wonderful diversity

5.

After three consecutive unexcused absences by a commissioner, the
commissioner shall be deemed to have res¡gned.

ARTICLE 4: RO!"ES Afi!D RESPONS!BlLlTlES

Article i.2-D of the General Municipal Law (See Appendix 1), Article XXlll of the
Tompkins County Charter and Code (See Appendix 2), and Board of Supervisors
Resolution No. 290 of Decemb er 23, L963, provide both state and county enabling
legislation for the Human Rights Commission. The roles and responsibilities of the
Commission and/or the Commissioners, under the aforementioned legislation, have
been incorporated in these bylaws, as follows:
o To make such studies in any field of human relationships in the community that
in the judgment of the Commission will aid in effectuating its general purpose.

c

To receive and refer complaints of alleged discrimination to the Office of Human
Rights.

o
o

To conduct and recommend such educational programs, that, in the judgment of
the Commission, will increase good will in the community and encourage

opportunities for involvement in all phases of community life for everyone.
To offer teadership that promotes positive change as it relates to civil and human
rights.

o
o

To encourage and stimulate agenc¡es and Advisory Boards under the jurisdiction
of the Tompkins County Legislature to take action that will fulfill the purposes of

Articlel2-D of the General Municipal Law (See Appendix L).
To submit an annual report to the Tompkins County Legislature and the Office of
Human Rights, and to report as appropriate to the relevant Standing Committee
of the Legislature.

o

To raise and/or disburse funds, that are not included in the Human Rights Office
Departmental Budget, and are necessary to support the work of the Commission.

The Commission shall, in addition:

e

Advise the County Administrator concerning the appointment of the Director of

Human Rights.

o

to be provided bythe Human Rights Director, on the
work of the Human Rights Office. The report will include a summary of the
number and types of inquiries to the office during each month, new cases
received by type, progress report on open cases including date of filing, a
summary of any trends or important issues identified and any other information
Review quarterly reports,

2

 deemed important by the Commission oi'the Director. Ongoing case
information shall not include names of the individuals/organizations involved

5:

ART¡CLE

L.

OFFICERS

The Chairperson shallcall and preside at all meetings of the membership and of

the Executive Committee, and appoint the Chair of each committee authorized
by General Municipal Law and/or the Commission. ln addition, the Chairperson
and/or her/his designee shall serve as the spokesperson for the Commission.
The Chairperson shall also sign all official documents and communications on
behalf of the Commission. The Chairperson shall be responsible for the
preparation of an annual report. Upon its approval by the Commission the
annual report shall be submitted to the Tompkins County Legislature and to the
Office of Human Rights.

2.

The Vice-Chairperson shall have such powers as the Commission shallfrom time

3.

to time designate, or such powers as the Chairperson shall from time to time
delegate to her/him. ln the absence or inability of the Chairperson to act, the
Vice-Chairperson shall assume the powers and duties of the Chairperson.
The Secretary shall keep and post minutes of all membership meetings, insure

4.

that all provisions of the Open Meetings law are carried out, have custody of the
records and minutes of the Commission, and shall perform such duties as the
Commission or Chairperson shallfrom time to time delegate. A permanent
record of Commission meetings shall be kept on file in the Human Rights Office.
The Treasurer shall keep the financial records and, together with the
Chairperson and/or her/his designee, and with the approval of the Executive
Committee and/or the Commission, arrange for disbursing of funds of the
Commission (e.g., fundraising for annual Human Rights awards). The Treasurer,
in consultation with the Executive Committee, shall prepare and present to the
Commission for its approval the annual Commission budget. The Treasurer shall
provide a report to the Commission at each monthly meeting on the status of

the funds under the control of the Commission.
ARTICLE

t.

6:

EXECUTIVE COMMITTEE

The Executive Committee shall consist of the Chairperson, Vice-Chairperson,
Secretary, and Treasurer.

2.

The Commission shall elect its Executive Committee by a majority vote of those
Commissioners present and voting at the January HRC meeting.
a

J

 3. A vacancy on the Executive Committee shall be filled in a timely manner.
4. The Executive Committee shall have, subject to these bylaws and in addition to
the duties and powers herein set forth, such duties and powers as the
Commission shallfrom time to time delegate.
ARTICLE 7: COMMIfiEES

L.

The Standing Committees shall

be: Fundraising, Events/Programming,

Marketing, and others as the Commission deems necessary. ln addition, there
shall be a Standing Committee on Priority lssues; whose purpose shall be to
advise the Commission as to local human rights needs/issues that require HRC

2.

attention. The Chair and all members of each comrnittee shall be appointed by
the Chairperson of the Commission for one year terms. Membership in these
committees may be enlarged to include non-Commission members.
Ad-hoc committees may be formed by the Commission as needed under the
same provisions as Standing Committees. Such Ad-hoc committees may be
enlarged to include non-Commission members.

3.

Plans/recommendations of all committees, both Standing and Ad-hoc, shall be
approved by the full Commission prior to enactment whenever possible. lf
timeliness requires a decision to enact a plan/recommendation prior to the next
regular meeting'of the Commission, said plan/recommendation may be
approved by the Executive Committee.
The Commission Chairperson shall be an ex-officio member of all committees.

4.
5. All committees

report to the Commission on their work and the reports are to be
filed with the Commission Secretary.

ARTICLE 8: MEETINGS

L.

The Commission shall meet once a rnonth at a specific time and place to be
designated by the Chairperson. These meetings, except Executive Sessions, shall
be open to all interested persons and be held at times and places accessible for

public attendance

2.

Special or emergency meetings shall be called by the Chairperson on her/his own

motion or upon the written request of five members of the Commission. Notice
for all special meetings shall specify the time, place, and order of business and
notices thereof shall be given in a timely manner. No business other than that
specified in such notice shall be transacted at any such meeting, except by
unanimous consent of Commission members present.

3.

Commission committees shall meet at times established by their Chairperson.
4

 4.

A quorum at all meetings of the Executive Committee, the Commission, and its

5.

committees shall consist of a majority of the membership.
Public Participation - All Commission meetings and all committee meetings shall
be open and public, and all persons shall be permitted to attend any meeting of
the Commission. A member of the public who needs a special accommodation
in order to attend and/or speak at a Commission meeting is asked to contact the
Human Rights Office, 607-277-4080, at least 5 days in advance of the meeting. lt

the intent of the Commission that anyone who wishes to attend and/or speak
at a Commission meeting will be able to do so. The Commission may, however,
meet in executive session at regular or special meetings as permitted by law. All
meetings shall be conducted in compliance with all applicable Iaws.
Public Comment - Members of the public are entitled to comment on any matter
within the subject matter jurisdiction of the Commission.
Speakers will have 3 minutes each during public comment unless the
Chairperson perceives a need to modify the 3 minute time limit. The right to
modify the time limit is reserved to the Chairperson and will apply to all speakers
at that pàr.ticular meeting. .lf a speaker with limited English proficiency requires
translation to comment or testify, the time used for rrepeating comments or
testimony in English shall not count against the applicable time limit for public
is

6.
7.

comment.

8.

lndividual Commissioners should refrain from entering into any debates or
discussion with speakers during pubtic comment: The agenda shall include an
item, immediately after public comment, titled, "Response to the Public," during
which time Commissioners may respond to.public comment as they think is

neededlappropriate.
9.

I

ln the interest of meeting maiiagement and accurate record-keeping, sp,eakers

who wish to address the Commission are requested to sign-in on the speaker list
before or during the Commission agenda item upon which they wish to
comment.
10. The public has a right to address the Commission anonymously.
1L. Parliamentary procedure for all meetings shall be according to the most recent

edition of Robert's Rules of Order (Revised) except where it is in conflict with
these Bylaws or the Tompkins County Charter.
ART¡C!.E 9: COMMUNICATION

1.

The Chairperson or her/his designee, only, shall represent the
Commission when communicating with the Director of the Office of
Human Rights, the Tompkins County Legislature, and the public. Other

5

 Commission members should refer questions and/or requests for
comments to the Chairperson.

2.
3.

Whenever Commissioners receive complaints of alleged discrimination,
they should be referred to the Director of the Office of Human Rights.
The Commission will utilize multiple forms of media to interact with the

community. Media includes, but is not limited to: Traditional news
media, Tompkins County websites, press releases, and social media such
as Twitter, Facebook, lnstagram, Tumblr, Linkedln, Google Plus, and so
forth. Media shall be utilized by the Commission in an effort to
communicate Commission events and meetings, or other items of

4.

5.

interest to the public.
Cornmissioners are encouraged to refer to official Commission
documents, websites, and so forth, when communicating regarding the
Commission. As Commissioners promote the ideas of human rights in the
community they are advised to distinguish personal views from those of

the Commission. Questions, suggestions, and/or concerns about the
Commission should be referred to the Chairperson of the Commission.
Commissioners are to refrain from negative comments about the
Commission or Commissioners. Commissioners are to refrain from
speaking about any and all ongoing cases they may be involved in hearing
or helping to officiate.

ARTICLE 1O: COMMISSIONERS CODE OF CONDUCT

Commissioners agree to maintain the highest standards of professional and personal
conduct. Each Commissioner shall adhene to the highest standards of ethical conduct,

support the Commission's mission, goals and objectives, and instill in the public a sense
of confidence in the Commission's operations. The standard of conduct for members of
the Commission includes, but is not limited to:

¡

Commissioners will uphold the rules of procedure and the decisions of the
Commission.

o

Commissioners will treat the Tompkins County Legislature, Commission staff,
members of the public, and colleagues with courtesy, dignity, respect,

objectivity, and fairness.

c

Cornmissioners will conduct all Commission business in a timely manner and,
with the exception of Executive Sessions, in public meetings with full disclosure

of policies and procedures.

6

 a

Commissioners will review the Commission's actions, recommendations, and
procedures periodically to ensure they adhere to the highest ethics and mission
in all respects.

ARTICIE 11: AMEI{DMENTS

1.

2.
3.

Amendments to the Commission Bylaws may be made by a two-thirds vote of
Commission members present at any regular meeting, provided that the
proposed amendments were read at the previous meeting or sent in writing to

the membership by the Secretary on behalf of the Executive Committee no less
'
than ten days prior to the meeting.
lf provisions of Article t2-D of the State General Municipal Law (See Appendix 1)
are amended, such amendments shall be effective with respect to the Human
Rights Commission as created and to these Bylaws as adopted.
These Bylaws, upon approval of the Tompkins County Legislature, may be
ratified by a two-thirds vote of those present and voting at a meeting of the
regular body of this Commission.

ARTICLE 12: ADOPTIOhI

These Bylaws, when ratified, shall become adopted.

7

 Exhibit 5

Tompkins County, NY

1t812016

Tampkins County, NY
Friday, January

B,

zot6

Chapter C. Charter

Article 23. Human Rights Commission
Director, Human Rights; appointment;
qualifications; powers and duties.

$ C-23.00.

There shall be a Director of Human Rights appointed by the County Administrator, following consultation
with the Board of Human Rights Commissioners, and subject to confirmation by the Tompkins'County
Legislature. The Director shall be appointed on the basis of professional experience and other qualifications
appropriate to the responsibilities of the office. The Director shall be directly responsible to the County
Administrator for the implementation of policies established by the Tompkins County Legislature'
The Director of Human Rights shall have the power to appoint such deputies, assistants, and employees of
the department as may be necessary to perform the duties of the office of the Director of Human Rights
and as shall be authorized by the Tompkins County Legislature. All deputies, assistants, and employees of

the department shall be directly responsible to the Director.
The powers and duties of the Director of Human Rights shall be to:
G)

Handle all inquiries from employers, employees, landlords, tenants, individuals and organizations
regarding interpretation of the Human Rights Law or other problems involving the rights of individuals;

(b)

lnvestigate complaints and allegations in an attempt to conciliate problems on a local level;

(c)

Refer cases

(d)

File formal complaints with the State Division of Human Rights and appropriate federal agencies

to other organizations where deemed appropriate;

dealing with employment, housing, education, credit, and public accommodation;

(e)

Speak on behalf of the Human Rights Commission to various local and state organizations to
implement the educational function of the Human Rights Commission within the community.

$ C-23.01-. Office of Human Rights Commission; organization;

powefs and duties.

Except as otherwise provided in this Charter, the Human Rights Commission shall have all the powers and
perform allthe duties now or hereafter conferred or imposed by law upon a Human Rights Commission.
The powers and duties of the Human Rights Commission shall be to:

(a)

Foster mutual respect and understanding among diverse groups such as, but not limited Lo, those
characterized by race, religion, nationality, and sexual orientation in the community;

(b)

Make such studies in any field of human relationship in the community as in the judgment of the

Commission will aid in effectuating its general purpose;

(c)

lnquire into incidents of tension and conflict among or between various diverse groups such

http://www.ecode360.com/prinlTOl

768?guid= 26995331 &chi ldren=true

as,

but
113

 Tompkins County, NY

1t812016

not limited to, lhose characterized by race, religion, nalionality, and sexual orientat¡on and take such
action as may be designed to alleviate such tensions and conflict;

(d)

Conduct and recommend such educational programs as, in the judgment of the Commission, will
increase goodwill among inhabitants of the community and open new opportunities into all phases of
com munity life for all inhabitants;

(e)

Receive and iirvestigate complaints of alleged discrimination because of race, creed, color, sex, age,

national origin, marital status, disability, prior arrest or conviction, retaliation, sexual
orientation/preference, and any other criterion as defined in federal, state, or local law; seek the active
assistance of the State Division for Human Rights and Federal agencies in the solution of comþlaints
that fall within their jurisdictions and prepare its own plans in the case of other complaints with a view
to reducing and eliminating such alleged discrimination through the processes of conference,
conciliation, and persuasion;

(Ð
(g)

lssue publications and reports of investigations to carry out thê purposes of this'article;

. Enlist thê cooperation

and participation of the various racial, religious and nationality grbups,'
community organizations, industry and labor organizations, media and mass communication, fraternal
and benevolent associations and other groups in an educational. campaign devoted to fostering among
the diverse groups of the community mutual respect and regard for justice and equality.

C-23.02. Board of Human Rights Commissioners;
composition; appointment; term.

S

'

There shall'be a BoarrJ of Human Rights Commissioners consisting of t5 members appointed bythe
Tompkins County Legislature for terms of three years.'ln making appointments to the Board of Human,
Rights Commissioners, the Tompkins County Legislature shall take into consideration various
in an effort to make the
religious, racial, nationalit¡ political, sexual orientation, and economic
factors
Board of Hurñan Rights Cominissioners representative of Tompkins County.
ln consultation with the Director of Human Rights, the Board of Human Rights Cbmmissioners shall have
the authority to draft bylaws for approval by tñe Tompkins County Legislature, elect officers from its
membership and establish committees. Updated copies of bylaws must be kept on file in the office of the

-

-

Clerk of the Tompkins County Legislature.

Board of Human Rights Commissioners; roles and
responsibilities.

$ C-23.03.

The roles and responsibilities of the Commissioners under the State General Municipal Law, Article z3 of
the Tompkins County Charter, and Board of Supervisors Resolution No. z9o of December 23, t963, are as
follows:

(a)

To make such studies in any field of human relationships in lhe community as in the jud$ment of the
Commission will aid in effectuating its general purpose;

(b)

As an individual Commissioner,

(.)

ln concurrence with the Director of Human Rights, inquire into incidents of tension and conflict and
take such action as may be designed to alleviate such tensions and conflict; whenever appropriate to

to function as a representative, associated directly with a segment of
the community or group and to be conversant with a body of work identified with that area or grouP,
e.g., labor rights, criminal justice, victims rights, group enfranchisement, etc. Each Commissioner will
serve a liaison function to an area specialty and is expected to become increasingly more
knowledgeablè about other groups and other areas of work beyond his/her area of familiarity;

ñttp://www. ecode360.com/pri ntiTO 1 768?gui d= 26995331 &children=true

2t3

 ïompkins CounÇ, NY

11812016

attempt to reduce and eliminate the alleged discrimination and settle disputes through the process of
conferences and dialogue;

(d)

To receive and refer to the Human Rights Office complaints of alleged discrimination covered under
the protected classes as defined in the local, state, and federal civil rights laws;

(e)

To encourage and stimulate agencies under the jurisdiction of the Tompkins County Legislature to
take such action as will fulfill the purposes of New York State General Municipal Law;

(Ð

To raise and/or disburse funds, not included in the Human Rights departmental budget, necessary to
support the work of the Commissioners.

http://www,ecode360.comipri nVTOI 768?guid=26995331 &children=true

3/3

 Exhibit 6

Human Rights - Office

I

www.t'

pkinscountyny.gov

Office

Page

CIf H u n'ìa

¡! ¡¡

1

of2

n Rig hts

tt
Itl ll

il
The Office of Human Rights (OHR) is Tompkins County's civil rights enforcement and human rights outreach

agency, Since its creation in 1963, OHR has been engaged in accomplishing the following mission:

Civil Rights Enforcement
To eliminate and prevent discrimination in employment, housing, credit, places of pt"tblic
accommodation, volunteer fire departments, and non-sectarian educational institutions; based on age,
creed, race, color, sex, sexual orientation, gender identity, natíonal origin, marital status, disability,
military status, arrest record, conviction record, predisposing genetic characteristics, and familial

status (in housing only). For example, OHR is charged with enforcing local law No.1-2004 (Chapter 92
Anti-Discrimination) which protects Tompkins County citizens from discrimination based on sexual
orientation and gender identity/expression in employment, housing, public accommodation, education,
and credit. OHR also helps enforce state and federal civil rights laws by assisting local residents in
filing complaints with state and federal civil rights agencies. Confidentiality is protected. Any
individual who resides or works in Tompkins County may use these services without a fee.

Human Rights Outreach
To develop and facilitate County-wide programs that increase awareness of human rights and social
justice ideals. To furrther this purpose, OHR engages in a strategy of collaboration, partnership, and
dialogue with local, state, and federal organizations and local stakeholders in providing workshops,

trainings, and other programs that will increase understanding of the rights and responsibilities of
citizens in regards to human rights law.

Additional Goals of OHR
åffirmatively Furthering Fair Housing (ÅFFH)
Tsmpkins County receives and regularly competes for
federal and staÞ housing dollas from the New York
State Department of Homes and Community Renewal
(HCR), Both HUD and HCR require recipienE h ceÈify
their engagement in effottE b AFFH as a condition of
fundinq, ThÉ OHR assists the County in meeting its
federal and stabe obligation tÉ AFFH by offering fair
housing enforcement, training, and outrcach services
thrsughout the County,

http //tompkinscountyny. gov/humanri ghts/o
:

ffice

Ut4l20r6

 Fluman Rights - OfTce I

www.t

Page2

okinscountyny.gov

of2

Limited English FroficiencV (LEF)
OHR provides assistance to TompkinE County by

developinE, overseeing, and updating its LEP Plan
v,¡hich Ensures üãt LEp populations are not
excluded frum having access b County services,

Title VI nf the Civil Rights Ast of 1964
oHR provides administrative assistance and
assistE the County through its enfurcement
and educ¡tion/outruach Frograms in meeting
federal obligations pursuant to Title VI of the
Civil Riqhts Act and Executive Order 13166.
Title VI prohibits discrimination on the basis of
race, color, and nationalorigin in prugrams
and activities rcceiving federal financial
assistance,

t¡Iorkforce Diversitr¡ and Inclusion Committee (WDIC)
OHR provides administrative asEiEtance and lends expertise

h

County

efforE in implementing its Workforce Diversity and inclusion policy'

Office Hours

M-F B:30am-4:30pm

120 W. Martin Luther King, Jr. Street, Ithaca, NY 14850

Phone:

607-277-4080

Fax607-277-4106

krclusion Through Diversif y
Tonrpkins Counly government is

comnitted lo cruating a divarse
and fully inclusive workplace.

Like us and stay updated!

Our Brochure

http ://tompkinscountyny. gov/humanrights/offrce

Ul412016

 Exhibit 7

Director of Human Rights
Tompkins County
Department: Human Rights Deparhnent
ClassifTcation: Competitive

Labor Grade: R (88)

Approveil:

Revised:
By:

12/20188 Bd. Res. #384
2190:6191:6/99;01106;O6110:3113
HH, Cornmissiouer of Personnel

MINIMI]M OUALIFICATIONS

:

(a) Law degree and three (3) years of legal experience in Human/Civil Rights practices, equal employment opportunity programs,
or labor and employment law; OR

(b) Masters degree in social science, human services, business administration, public administration, public policy, sociology,
political science or a related field AND three (3) years administrative experience in human rights, civil rights, affirmative action,
EEO, dispute resolution, or other programs serving community needs; OR
(c) Bachelor's degree in social science, human services, business administration, public administration, public policy, sociology,
political science or a related field AND five (5) years administrative experience in human rights, civil rights, affirmative action,
EEO, dispute resolution, or other programs serving community needs; OR

(d) Any combination of training and experience equal to or greater than that defined in (a)' (b) or (c) above.

ry

This position is considered to be a public officer. Pursuant to Article 3 of the NYS Public Officers law, the
holder of this position must be a United States citizen and a resident of Tompkins County.

DISTINGIIISIIING F'EATURES OF THE CLASS:
This is a managerial position that reports directþ to the Counfy Administrator and is responsible for directing the services and
activities offered through the County's Human Rights Commission. The incumbent will handle all inquiries from employers,
employees, landlords, tenants, individuals and organizations regarding interpretation of the Human Rights Law or other problems
involving the rights of individuals. He or she will investigate complaints and allegations in an attempt to conciliate problems on a
local level, and refer cases to other organizations where deemed appropriate. The incumbent is responsible for the administration
and enforcement of anti-discrimination laws, affumative action, equal opportunity and compliance programs, policies and
regulations and for coordinating the functions of the Human Rights Corunission and for carrying out the policies of the County
Legislature. The position operates under the general direction of the County Administrator with wide lâtitude allowed in the
administration of the overali program. Supervision is exercised over the staff of the Human Rights Commission. The incumbent
will perform all related duties as required.

TYPICAL WORK ACTIVITIES:
Researches and interprets human and civil rights laws, equal employment oppofiunity (EEO)
and contract compliance rules, policies and regulations;
Establishes and directs procedures for the enforcement, receipt, processing of discrimination and equal

employrnent opportunity complaints;
Monitors progress of investigations and makes recommendations to resolve discrimination or harassment
complaints through alternative dispute resolution, conciliation, hearings, compliance reviews and/or corrective
action agreements;
Reviews, analyses and evaluates investigative reports to determine if a case is supported by sufficient evidence
and

jurisdiction;

Directs the preparation and administration of the department's annual budget;
Assist with the maigteuance of information systems to collect and disseminate management information on
cornpliance and enforcement activities;
Serves as advisor to the Commission;

 Couducts specialized training on cornplex civil rights issues, supervises the development ofoutreach programs,

including informational materials;
Conducts and/or supervises investigations staff preparation of investigative strategic plans, intenogatories, fact-finding
conferences, on-site investigations, and in analyzing statistical and factual data;
Provides technical advice and guidance to agency officials and employees on the EEO process and compliance
programs;
Devise and implement results-oriented advocacy strategies in support of special emphasis programs, workforce
diversity objectives and goals in the execution of the County's EEO programs;
In collaboration with the County Administrator and Commissioner of Personnel facilitates the administrations
of the EEO programs and supporting activities, which includes conducting workforce and barrier
analyses to develop target recruitment strategies; and
In collaboration with the County Administrator and Commissioner of Personnel, assist with internal audit of county policies,
practices and procedures to identify possible EEO violations,analyze employment data, compile and assist in preparing required
statistical reports.

KNOWLEDGE. SKILLS. ABILITIES AND PERSONAL CTIARACTERISTICS:
Thorough knowledge oflocal, state, and federal laws, regulations, and policies related to humar¡/civil rights and equal
employment opporrunity programs;
Thorough knowledge of investigative and analytical techniques, procedures and requirements for the
preparation and processing of cases of alleged discrimiuation;
Thorough knowledge of the organizational structure of the county worldorce, administrative and personnel
practices that have an impact on affirmative employment and equal opportunity goals;
Good knowledge of laws pertaining to labor relations, contract compliance, alternative dispute resolution, and
disability law;
Good knowledge of dispute resolution and conciliation strategies and techniques;
Good knowledge of mauagement principles and practices involved in strategic planning, human resources
modeling, and leadership techniques;
Good knowledge of municipal accounting principles and techniques of budget preparation;
Working knowledge of civil service laws and practices for targeted recruitment, selection, training and
placement, labor relations, grievances and negotiations;
Ability to conduct barrier analysis, data collection, and evaluate workforce policies and procedures, recommend
appropriate actions and methods to address systemic barriers to personnel practitioners, managers, and

officials;

Ability to research, comprehend, analyze pertinent data and interpret civil,/human rights laws

and EEO
regulations and supervise their application to specific sihrations and draw appropriate conclusions;
Ability to communicate clearly and effectively, both orally and in writing to prepare, present, and support
reports to officials and the public;
Ability to develop and implement policies and procedures;
Ability to establish and maintain good interpersonal working relationships with the public and govemmental

official;

Ability to assign and supervise the work of professional staff involved in

the enforcement of human/civil rights

statutes and equal opportunity regulations;

Integrity, resourcefulness, sound professional judgment, and physical condition commensurate with the
demands of the position.

Originally cieated l2l20l 1988
D39.doc

 Exhibit 8

[Intentionally omitted footnote on Report only]

Exhibit 9

Page

I of2

Joe Mareane - Another lthaca 'furf-Snag
From:
To:
Date:

Subject:

Karen Baer
Joe Mareane
31212015 4:54 PM
Another lthaca Turf-Snag

Just got this now after a week of prep worl< (including getting Pat's buy-in). Not sure about the basis of
disgruntlement between local and state LGBTQI stakeholders. Just seems pretty sad that allies can't treat each
other like allies.
I'm guessing that the March 12th press conference will not take place now. I'll leave that for Pat and others to
develop at a later date. OHR will, however, do a press release and try to garner County and City support for the
GENDA effort,

Best, Karen

l(aren W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther l(ing, Jr./W, State St,
Ithaca, New York 14850

f el:6O7.277.4080
tax: 607.277,4tA6
Ernail: kbaer@tompkins-co.orÊ

>>> "Pat Pryor" <plp3@twcny.rr.com> 03102115 3:40 pM >>>

<!-[if mso 9]-> <l--[endifl->
Hi Sarah,

There's a problem with scheduling our press conference on March t2th, The Director of the lC LGBT Resource
center, Lttca Maurer, would lilce very much to be part of this effort, but will be out of town on that date. He has
asked that we consider doíng something at a date that is mutually agreeable with the various local
organizations and does not feelthat it is particularly necessary to do something on the same date that ESpA is
holding their news conference in Albany, as long as it is sometime in coming weel<s. I thínk if we push forward.

with a news conference on the 12th it will not be well received.locally,
There is local history with ESPA that is not particularly positive. I can go into it with you when we talk. I had
forgotten about it when we talked until reminded by Luca. My sense is that we would be better off going ahead
with the op Ed (l spent several hours this past weel<end researching informatíon and am ready to start writing
as soon as I get time...likely tomorrow.) and a press release to coincide with the ESPA event, considering those
as the first step in a local effort to encourage support for GENDA, We could then follow up in coming weeks
with a press conference sponsored by a coalition of local groups. We could also consider submitting a

resolutionofsupporttoHHs,to(hopefully)bepassedbytheLegislatureandsenttostateofficials,
Mil<e Lane has already sent a letter of support,)

(l knowthat

or, if doing both the March Lzth press release and op Ed, plus collaborating on a press conference at a later
date is too labor intense, we could just do the March 12th items, I definitely think we will alienate a strong local

fúe:lllC:lUsers/JIvIAREANE/AppD ata/LocallTempiXPgrpwise/54F-495E2co¡¡tyDOcoun.,.

lllZZlZ0l5

 Pagc 2

ol'2

ally, though, if we go ahead with the press conference on the L2th
lf we do go ahead with a press confere¡rce at a later date I would volunteer to contact local organizations rather
than asking other Commissioners to assist, unless they especially wish to do so.

My "to-do" list

is

very long and l'm sorry I didn't get back to you sooner, but Luca just got back to me at the end

oflastweek. Hopethisallmal<essense, Feelfreetogivemeacallifyou'dliketodiscussoptionsfurther,
Best,
Pat

flIe:lllC:NseLs/JMAREANE/AppData/LocallTemp/XPgrywise/54l.'495E2courfyDOcour.,.

1112212015

 Exhibit 10

Page

I ol'2

Joe Mareane - Another lthaca Turf-Snag
From:
To:
Date:
Subject:

Karen Baer
Joe Mareane
31212015 4:54 PM
Another lthaca Turf-Snag

Just got this now after a week of prep worl< (including getting Pat's buy-in). Not sure about the basis of
disgruntlement between local and state LGBTQI stakeholders. Just seems pretty sad that allies can't treat each
other like allies.
l'm guessing that the March 12th press conference will not take place now. I'll leave that for Pat and others to
develop at a later date. OHR will, however, do a press release and try to garner County and City support for the
GENDA effort.
Best, Karen

l(aren W. Baer, Director
TompkÌns County Office of Human Rights
120 Martin Luther l(ing, Jr./W, State 5t.
Ithaca, New York 14850
Tel: 6A7,277.408A
Fax', 6Q7.277

,4106

Email: kbaer@tompkins-co,org

>>> "Pat Pryor" <plp3@twcny.rr,com> 03102115 3:40 PM >>>
<!-[if mso 9]-> <l-[endifl-->
HiSarah,

There's a problem with scheduling our press conference on March 1zth. The Director of the lC LGBT Resource

Center,LucaMaurer,wouldlikeverymuchtobepartofthiseffort,butwill beoutoftownonthatdate. Hehas
that we consider doing something at a date that is mutually agreeable with the various local
organizations and does not feel that it is particularly necessary to do something on the same date that ESpA is
holding their news conference in Albany, as long as it is sometime in coming weeks. I think if we push forward.
asl<ed

with a news conference on the L2th it will not be well received.locally.
There is local history with ESPA that is not particularly positive. I can go into it with you when we talk. I had
forgotten about it when we tall<ed until reminded by Luca. My sense is that we would be better off going ahead
wíth the Op Ed (l spent several hours this past weel<end researching information and am ready to start writing
as soon as I get time...likely tomorrow.) and a press release to coincide with the ESPA event, considering those
as the first step in a local effort to encourage support for GENDA, We could then follow up in coming weeks
with a press conference sponsored by a coalition of local groups. We could also consider submitting a
resolution of supportto HHS, to (hopefully)be passed bythe Legislature and sentto state officials, (l knowthat
Mike Lane has already sent a letter of support.)

or, if doing both the March L2th press release and op

Ed, plus collaborating on a press conference at a later

date is too labor intense, we could just do the March l.2th items. I definitely think we will alienate a strong local

file:lllC:lUselsiJMAREANEiAppDatalLocallTempfxPgrywise/54F'495E2countyDOcour,,. 1ll2}l20l5

 I

l¿l

Pagc 2

ol'2

ally, though, if we go ahead with the press conference on the L2th

lf we do go ahead with a press conference at a later date I would volunteer to contact local organizations rather
than asking other Commissioners to assist, unless they especially wish to do so.
My "to-do" list is very long and l'm sorry I didn't get back to you sooner, but Luca just got back to me at the end

oflastweek. Hopethisallmal<essense, Feelfreetogivemeacallifyou'dliketodiscussoptionsfurther.
Best,
Pat

file:lllC:Nsels/JMAREANE/AppDatalLocallTempD(Pgrpwise/S4I.'495E2countyDOcoun... 1112212015

 Exhibit 11

Pagc

,Ioe Nlaleanc - RE:

From:
To:
Date:
Subject:
CC:

"

i of I

GtrNDA OpEd

Pat Pryor" <plp3 (@twcny,ff .com>

"'I(aren Baer"' <kbaer@tompkins-co.org>, <ct343@cornell.eclu>, "'.Iamila Wa,..
311112015 12:25 PM
RE: GENDA OpEcl
"'Joe Mareane"' (jrnareane@tompkins-co.olg>, "'Malcia Lynch"' <mlynch@tom.,.

Likewise to you, l(aren. Your comments at the Women's Luncheon yesterday were interesting, timely, and very
wellreceived, lMO. Great jobl
Best,
Pat

From : l(aren Baer Ikþaer@tompkins-co,ore]

Sent: Wednesday, March 11,20t5 LL:46 AM
To: ct343@cornell,edu; Jamila Walida Simon; Talyse LaDora Hampton; Amy Scott; Dave McNamara; Robert Xie;
lsabelle Ramos; Kathy Luz Herrera; l(aren Baer; Pat Pryor; Amos Malone; David McNamara; Josephine Carcich
Cc: Joe Mareane; Marcia Lynch

Subject: GENDA OpEd

Thanks, Pat. Very nicely donel
Best, l(aren

Karen W. Baer, Director
Tompkins Cou nty Office of Human Rights
120 Martin Luther King, Jr./W, State St.
Ithaca, New York 14850
Tel:6Q7 .277.408A

ftx:647.277.41A6
Email: l<baer@tompkins-co.orH

lil'e:l/lC:Nsers/JMAREANE/AppData/LocallTernpÆ(Pgrpwise/55003428countyDOconnt...

1112212015

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VI EWP o

,G [=l

It!Ts

flffiWffi,ffiJ
.,
]' . -i'

ED ITOR CH RIS l(OC l{ ERt 27 4-92. 13

ËSil V[ EVl/ F0 [ lììlTS

T'þensgenderqcl

deserve profiection
fronß dis cnlrni:naticnu
PAT PRYOR

In the 1990s and early 2000s,
both the City of Ithaca and
Tompkins County, in trendsetti-ng le gislation, aclded sexual orientation arid then gender
identity to their lists of protected classes. New Yorlt has now
followed suit in protecting
basic human rights around
sexual orientation, but has yet
:o protect the human rights of
the frans gendel community.
The 12 municipalilies across

New York that prohibit discrimination because of gender
identity pfovide a patchwork of
protection that varies in scoPe
and provides differing remedies. And, while recognítion of
the rights of gay, lesbia¡ and
bisexual individuals and their
acceptance as palt of mai¡súeam America¡ culture has
rnoved forwaid steadily in the
new millennium, the sarne

level of recognition of rights
and generally increasing acceptance has not accrued to
trans gender

i¡dividuals.

Though we have not yet
i'eached a place of enlightenment that celebrates and embraces i¡dividual variations in
sexualit¡ we in New York have
at least seen fit to grant basic
hunnan rights to the lesbian,
gay, and bisexual community.
In the meantime, while
transgendered people wait for
their elected representatives at
the state level to act, they regularly eucounter the bias and

discrimination tiat accompanies the lack of protection.of
theil basic human rights.

Whether i¡ the aleas of employment, housi:rg, public accommodation, credit, education, or even the right to be
treated with basic respect and
human decencg transgendered
people regr:larly experience

anylvhere from mild to horri-fic
discriminatory h'eatment.
Between 2007 and 20L4, the
State Assembly passed the
Gender Expression Nondiscrimination Act (GENDA) seven times; six of those times
with a bipartisan majorify. The
statê Senate Judiciary Committee has yet to vote on the bill.
It is not only the individual
transgender person who loses
out while the state Senate refuses to act. The Williams Institute, a natio¡lal think tanft
out of UCLA law school, in a
2013 article by Jody llerman,
indicates that "employment
and housing discrimüration
against New York's transgender residents costs the state
millions of doliars each year ,.
(including costs oÐ ,,. public
assistance, housing, and lost
ilcome tax t'evenue.'¡ F?om the
same source, according to figures from the 2010 census, 41
peLcent (23,800 members) of
New Yorlt's h'ansgender poPulation ale not covered bY
ordi¡ances that prohibit dis,

crimination.

It is past time for the state
Senate Judiciary Committee.to
stop playing politics with the
basic human rights of the

transgender community. I urgc
the committee and then the full
state Senate to bling S.195 to
the floor, pass it and finally
provide the same level of human rights protection to transgender membets of our communities that is provided to
members of other groups that
have experienced margin:
alizalion and discrimination.
The passage of GENDA is,
quite siurpll the right thing to
do.

Pryor, a Freeville resident, is
chair of the Tomplcins Coturty
H urnan Ri ght s C omrni s si on,

HI ffii

iTH,.LE{TERS@GAII NETT.COM .'. N TUTSOAY, M

 Exhibit 12

Page 1 of

1

Marcia Lynch - Press Release in support of Gender Expression Non-Discrimination Act
From:

Sarah Simmons

lo:

Marcia Lynch

Date:

3/Ll/20L5 L2:47 PM

Subject:

Press Release in support of Gender Expression Non.Discrimination Act

CC:

Karen Baer

Attachments:

GENDA Press Release.docx

Marcia,

We are planning on sending out this press release and wanted to run it by you
Thanks,
Sarah

Sarah C. Simmons
Program and Outreach Specialist
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New York 14850

Tel:607.277.4083
Fax2 6ß7.277.4LO6
Email: ssim mons@tompkins-co.org

fùe.,lllC:Nsers/i\4LYNCH/AppData/LocallTemp/XPgrpwise/55003946countyDOcountyP...

l12612016

 rorvrprr¡r¡scourury

ä#'äuffi

INCtusIoN THRoUGH DIVERSmT

Off ice of Human Rights

ezo MnnTIru LUTHER KIITIG, Jn. /W.
lTHAcA,

STATE

Srneer

NewYonrr4S5o

Telz 6o7.277.4o8o Faxz 6o7.277.4to6

Tompkins County Calls on New York State Legíslature to
Pass GENDA and Pnotect Transgender New Yorkers
What's Good for Tompkins County ls Greot for New York Støte!
The Gender Expressíon Non-Discrimination Act Needs to Pass Now!
NEW YORK, NY, March L2,2Ot5 - Tompkins County stands with the Empire State Pride
Agenda, NewYork's statewide lesbian, gay, bisexual and transgender (LGBT)civil rights
organization, atongside LGBT New Yorkers and allies to call on the New York State
Legislature to pass the long overdue Gender Expression Non-Discrimination Act
(GENDA) and secure basii civil rights protections for transgender New Yorkers.

Tompkins County joins localities all around New York State that are also standing up
loday to state how important their own non-discrimination laws have been in helping
to create a better life for all its residents and to collectively call on the New York State
Legislature to pass GENDA. Albany, Syracuse, Rochester, Tompkins County and New
York City are all raising their voices today in unison to demand that GENDA be signed
into law this session.

"We're proud to stand with Tompkins County today to commend them for laws and
policies that protect all of its residents from discrimination, including transgender
individuals who continue to be treated as second class citizens when they travel
outside of Tompkins County because of their gender identity or expression, and to
collectively call for the passage of GENDA," said Empire State Pride Agenda Executive
Director Nathan M. Schaefer. "What Tompkins County has demonstrated is that
protecting its transgender residents has actually created a safer, stronger and more
economically sound city for everyone. lt's time for the New York State Senate to pass
GENDA into law because no one should be denied housing, employrnent or access to
services simply because of who they are. New York needs to do better than that."
ln a letter to Governer Andrew Cuomo in June o12Ot4, Chair of the Tompkins County
Legislature, Michael Lane stated, "When Tompkins County passed its local law, we did
so in the belief that strengthening existing laws and allowing more people the freedom
to work, live and be productive members of our community should be fully supported,
I submit that the same perspective should be applied by State leaders when
considering the GENDA legislation."

 About GENDA
The Gender Expression Non-Discrimination Act (GENDA) would add gender identity
and expression to the list of classes protected under New York State's existing Human
Rights Law. The bill would prohibit discrimination against transgender and gender nonconforming New Yorkers in housing, employment, credit, education and public
accommodations. More than one third of the country, including eighteen other states,
the District of Columbia, and Puerto Rico, has already passed similar laws, and eleven
local governments across New York State have passed non-discrimination ordinances,
which means nearh¡ 607o of New Yorkers already live with such protections.
Under the leadership of Assembly Member Richard Gottfried, the Pride Agenda has
worked tirelessly to pass GENDA through the State Assembly - seven years in a row.
Yet the State Senate has repeatedly failed to bring the bill to the floor for a vote year
after year. Each day that the State Senate fails to act is another day we risk losing
transgender New Yorkers who live or work in parts of the state without antidiscrimination laws.
Learn more about the Gender Expression Non'Discrimination Act at p¡,ideagenda.org/GENDA

###

About the Empire State Pride Agenda
Founded in 1990, the Empire State Pride Agenda is New Yorkls statewide:civil rights

^---rl---^..-rpf
luedBcr rud.ut
Ël

CONTACT:

Alllso¡ Sleinberg, !mpi¡e State Pride Agenda Communications Director
'

astelnbere@prideaeenda.òrs
(et7l s22-34O7

 Exhibit 13

Page 1 of

1

Marcia Lynch - Fwd: Press Release in support of Gender Expression Non-Discrimination
Act

From:

Marcia Lynch

To:

Pat Pryor

Date:

3/11/20Ls

Subject:

Fwd: Press Release in support of Gender Expression Non-Discrimination Act

Attachments:

GENDA Press Release.docx

<

plp3@twcny.rr.com>
2:01- PM

Hi Pat - Please take a look at the attached. Left voicemail, but have not yet talked to Sarah. I don't think it can
be phrased like this, since Legislature, as I recall, has not passed a resolution supporting passage of GENDA.
What do you think? I don't readily have alternate language to suggest.
Marcia
>>

> Sarah Simmons 3/LL/2AL5 L2:47 PM >>>

Marcia,
We are planning on sending out this press release and wanted to run it by you.
Thanks,
Sarah

Sarah C. Simmons
Program and Outreach Specialist
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New York 14850

lel:607.277.4083
Fax: 607.277.4!06
Email: ssimmons@tompkins-co.org

file:lllC:lUsers/MLYNCH/AppData/LocallTempiXPgrpwise/55004AB6countyDOcountyP..

.

112612016

 Exhibit 14

Page 1 of

1

Marcia Lynch - New Draft of PR

From:

Sarah Simmons

to:

Marcia LYnch

Date:
Subject:

3/LL/20L5 3:11PM
New Draft of PR

CC:

Karen Baer

Attachments:

GENDA Press Release.docx

Hi Marcia,

Here.sanupdateddraftthatlthinkwilldothetrick.Letmeknow!
All my best,
Sarah

Sarah C. Simmons
Program and Outreach SPecialist
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St'

Ithaca, New York 14850

Tel;607.277.4083
Fax 6O7 .277.4106
Email: ssimmons@tom Pkins-co'orH

nl^.tuÕ.firoerc/[\.{LyNCH/AnnData/Loc allTemplXPemwise/S5005B3DcountyDOcountyP"'

t12612016

 rovrpxr¡rscourury

HHåËki#ffi

Office of Human Rights

rzo

M¡RTI¡'¡ LUTHER Ktttc, Jn. /W. STATE STREET
lTHAcA, New Yonr r485o

-Íel: 6o7.277.4o8o Faxz 6o7.277.4to6

lruclusroru TuRouGH DNERstrf

The Tompkins County Office of Human Rights
advocates for the passage of GENDA to protect
transgender New Yorkers
protect all New Yorkers agøinst discriminotion!
Poss the Gender Expression Non-Discrimination Act!
Let's

-

The Tompkins County Office of Human Rights stands
with the Empire State Pride Agenda, New York's statewide lesbian, gay, bisexual and
transgender (LGBT) civil rights organization, alongside LGBT New Yorkers and allies to
call on the New York State Legislature to pass the long overdue Gender Expression
NEW YORK, NY, March t2,2Ot5

Non-Discrimination Act (GENDA) and secure basic civil rights protections for
transgender New Yorkers;
Tompkins County's local ANTIDISCRIMINATION LAW protects all of its citizens from
dis6imination based on sexual orientation, gender expression and gender identity.
Localities all around New York State are standing up today to state how important
their own non.discrimination laws have been in helping to create a better life for all its
residents and to collectively call on the New York State Legislature to pass GENDA.
Albany, Syracuse, Rochester, and New York City are all raising their voices today in
unison to demand that GENDA be signed into law this session. "We hope the state will
join Tompkins County in protecting alltransgender and gender non-conforming New '
yorkers by enacting GENDA," said Karen Baer, Director of the Tompkins County Office

of Human Rights.
"We're proud to stand with Tompkins County today to commend them for laws and
policies that protect all of its residents from discrimination, including transgender
individuals who continue to be treated as second class citizens when they travel
outside of Tompkins County because of their gender identity or expression, and to
collectively call for the passage of GENDA," said Empire State Pride Agenda Executive
Director Nathan M. Schaefer. "What Tompkins County has demonstrated is that
protecting its transgender residents has actually created a safer, stronger and more
economically sound city for everyone. lt's time for the New York State Senate to pass
GENDA into law because no one should be denied housing, employment or access to
services simply because of who they are. New York needs to do better than that."

 ln a letter to Governor Andrew Cuómo in June of 20L4, Chair of the Tompkins County
Legislature, Michael Lane stated, "When Tompkins County passed its local law, we did
so in the belief that strengthening existing laws and allowing more people the freedom
to work, live and be productive members of our community should be fully supported.
when
I submit that the same perspective should be applied by State leaders
considering the GENDA legislation."

About GENDA

The Gender Expression Non-Discrimination Act (GENDA) wq-uld add gender identity
and expression to the list of classes protected under New York State's existing Human
gender nonRights Law. The bill would prohibit discrimination against transgender and
conforming New Yorkers in housing, employment, credit, education and public
accommodations. More than one third of the country, including eighteen other states,
the District of Columbia, and Puerto Rico, has already passed similar laws, and eleven
locál governments across New York State have passed non-discrimination ordinances,
which means nearly 60% of New Yorkers already live with such protections'
Under the leadership of Assembly Member Richard Gottfried, the Pride Agenda has
workÞd tirelessly to pass GENDA through the State Assembly - seven years in a row.
yet the State Senate has repeatedh¡ failed to bring the bill to the floor for a vote year
after year. Each day that the State Senate fails to act is.another d11 we r:isk losing
transgendei ¡¡ew Yorkers who live or work in parts of the state without anti"

discrimination laws.
prideaeendã.org/GENDA
Learn more about the Gender Expression Non-Discrimination Act at
Fincj out more about the Tompkins County Offiee of Human Rigirts at

tompk¡nscountvnv.qov

'

u¡manriehts

.

###

About the Empire State Pride Agenda
Founded in L990, the Empire'state Pride Agell3 is New YQrk's statewide civil ¡:ights
gay,
and advocacy group committecl to achieving full equality and justice foi" lesbian,
bisexual and transþender (LGBT) New Yorkers and our families. The Pride Agenda
fights for these priorities by: educating policymakers, elected officials and the public;
building coalitions,and mobilizing,allies; lobbying government officiais; administering a
political Action Committee; and organizing and empowering the LGBT community.

'

prideagenda.org
CONTACT:

Rights
Sarah C. Simmons. Program & Outreach Specialist, Tompkins County Office of Human
ssim mons@tompki ns-co.org

607-277-4083
Allison Steinberg. Empire State Pride Agenda Communications Directot:
astei n b e rg(ô p rid ea gen d a.ore

 (917) 522-3401

Page 1 of4

Marcia Lynch - Tompl<ins County Office of Human RiEhts advocates for the passage of
GENDA

From:

Sarah Simmons

lo:

Marcia Lynch

Date:

3/L1,/20L5 3:39 PM

Subject:

Tompkins County Office of Human Rights advocates for the passage of GENDA

CC:

Karen Baer

Attachments:

Office of Human Rights supports GENDA.pdf

FOR IMMEDIATE RELEASE

MARCH TI,2OL5

The Tompkins County Office of Human R¡ghts
advocates for the passage of GENDA to protect transgender New
Yorkers
Let's protect oll New Yorkers ogainst discrimination!
Pass the Gender Expression Non-Discriminstion Act!
NEW YORK NY, March 12,àOtS -The Tompkins County Office of Human Rights stands with the
Empire State Pride Agenda, New York's statewide lesbian, gay, bisexual and transgender (LGBT) civil
rights organization, alongside LGBT New Yorkers and allies to call on the New York State Legisl:ature to
pass the long overdue Gender Expression Non-Discrimination Act {GENDA) and secure basic civil ríghts
protections for transgender New Yorkers.

Tompkins County's local ANTIDISCRIMINATION LAW protects all of its citizens from discrimination
based on sexual orientation, gender expression and gender identity. Localities all around New York
State are standing up today to state how important their own non-discrimination laws have been in
helping to create a better life for all their residents and to collectively call on the New York State
Legislature to pass GENDA. Albany, Syracuse, Rochester, and New York City are all raising their voices
today in unison to demand that GENDA be signed into law this session. "We hope the state willjoin
Tompkins County in protecting all transgender and gender non-conforming New Yorkers by enacting
GENDA," said Karen Baer, Director of the Tompkins County Office of Human Rights.

"We're proud to stand with Tompkins County today to commend them for laws and policies that
protect all of its residents from discrimination, including transgender individuals who continue to be
treated as second class citizens when they travel outside of Tompkins County because of their gender
identity or expression, and to collectively call for the passage of GENDA," said Empire State Pride
Agenda Executive Director Nathan M. Schaefer. "What Tompkins County has demonstrated is that
protecting its transgender residents has actually created a safer, stronger and more economically

fùe:lllC;Nsers/MLYNCH/AppData/LocallTemplKPgrpwise/550061ClcountyDOcountyP...

112612016

 Page2 of 4

sound city foi àveryone. ltt time forthe Ñéw Vork State Senate to pass GENDA into iaw because no
one should be denied housing, employment or access to services simply because of who they are.
New York needs to do better than that."

file.llla..fiIsers/MT.YNCF{/Annl)afalT,ocal/Temn/XPemwise/S5006lClcountvDOcotrntyP...

l12612016

 Page 3

of4

ln a letter to Governor Andrew Cuomo in June of 2OI4, Chair of the Tompkins County Legislature,
Michael Lane stated, "When Tompkins County passed its local law, we did so in the belief that
strengthening existing laws and allowing more people the freedom to work, live and be productive
members of our community should be fully supported. I submit that the same perspective should be
applied by State leaders when considering the GENDA legislation."

About GENDA
The Gender Expression Non-Discrimination Act (GENDA) would add gender identity and expression to
the list of classes protected under New York State's existing Human Rights Law. The bill would
prohibit discrimination against transgender and gender non-conforming New Yorkers in housing,
employment, credit, education and public accommodations. More than one third of the country,
including eighteen other states, the District of Columbia, and Puerto Rico, has already passed similar
laws, and eleven local governments across New York State have passed non-discrimination
ordinances, which means nearly 60% ol New Yorkers already live with such proteòtions.
Under the leadership of Assembly Member Richard Gottfried, the Pride Agenda has worked tirelessly
to pass GENDA through the State Assembly - seven years in a row. Yet the State Senate has
repeatedly failed to bring the bill to the floor for a vote year after year. Each day that the State Senate
fails to act is another day we risk losing transgender New Yorkers who live or work in parts of the
state without anti-discrimination laws.
Learn more about the Gerider Expression Non-Discrimination Act at prideagenda.org/GENDA
Find out more about the Tompkins County Office of Human Rights at

tomnkinscountvnv .sov/humanrishts
###

About the Empire State Pride Agenda
Founded in L990, the Empire State Pride Agenda is New York's statewide civil rights and advocacy
group committed to achieving full equality and justice for lesbian, gay, bisexual and transgender
(LGBT) New Yorkers and their families. The Pride Agenda fights for these priorities by: educating
policymakers, elected officials and the public; building çoalitions and mobilizing allies; lobbying
government officials; administering a PoliticalAction Committee; and organizing and empoweringthe
LGBT community. prideagenda.org
CONTACT:

Sarah C. Simmons. Program & Outreach Specialist, Tompkins County Office of Human Rights
ssim mons@tom pkins-co.org

607-277-4083
Allison Steinberg. Empire State Pride Agenda Communications Director
easenda.ors
asteinbere@

þL7ls22-3401
Sarah C. Simmons
Program and OuÛeach Specialist

file.lllC:Nsers/IVILYNCH/AooDatalLocallTemplKPerowise/S50061C1counWDOcountvP..

.

I12612016

 Page 4

of4

Tompkins County Office of Human Rights
Martin Luther King, Jr./W' State St:
Ithaca, New York 14850

-tz}

Tel:6O7.277.4083
Fax:607.277.4106
Email: ssimmons@tomPl<ins-co,org

ñ1e./ttC..fiIsers/MT.YNCH/Annl)atall.ocal/TemnlXPsmwise/550061C1countvDOcountvP...

I126l20I6

 rouprrrus cou¡.¡rv

ËHäM

Hfltr

Iwcr.uslo¡¡ THRoucH DtvERsrw

Off ice of Human Rights

rzo Mnnrrru

LUTHER K NG, JR.

/W.

STATE STREET

lruAcA, NEwYoRrr4S5o
Telz 6o7.277.4o8o Faxz 6o7.277.4to6

FOR IMMEDIATE RELEASE

MARCH LL,2OL5

The Tompkins County Office of Human Rights
advocates for the passage of GENDA to protect
transgender New Yorkers
Let's protect all New Yorkers against discrimination!
Pass the Gender Expressíon Non-Discrimínation Act!
NEW YORK¡ NY, March t2,àALS

-The Tompkins County Office of Human Rights stands

with the Empire State Pride Agenda, New York's statewide lesbian, gay, bisexual and
transgender (LGBT) civil rights organization, alongside LGBT New Yorkers and allies to
call on the New York State Legislature to pass the long overdue Gender Expression
Non-Discrimination Act (GENDA) and secure basic civil rights protections for
transgender New Yorkers.
;

Tompkins County's local ANTIDISCRIMINATION LAW protects all of its citizens from
discrimination basàd on sexual orientation, gender expression and gender identity.
Localities all around New York State are standing up today to state how importani
their own non-discrimination laws have been in helping to create a better life for all
their residents and to collectively call on the New York State Legislature to pass
GENDA. Albany, Syracuse, Rochester, and New York City are all raising their voices
today in unison to demand that GENDA be signed into law this session. "We hope the
state willjoin Tompkins County in protecting all transgender and gender nonconforming New Yorkers by enacting GENDA," said Karen Baer, Director of the
Tompkins County Office of Human Rights.

"We're proud to stand with Tompkins County today to commend them for laws and
policies that protect all of its residents from discrimination, including transgender
individuals who continue to be treated as second class citízens when they travel
outside of Tompkins County because of their gender identity or expression, and to
collectively call for the passage of GENDA," said Empire State Pride Agenda Executive
Director Nathan M. Schaefer. "What Tompkins County has demonstrated is that
protecting its transgender residents has actually created a safer, stronger and more
economically sound city for everyone. lt's time for the New York State Senate to pass
GENDA into law because no one should be denied housing, employment or access to
services simply because of who they are. New York needs to do better than that."

 ln a letter to Governor Andrew Cuomo in June of 20L4, Chair of the Tompkins County
Legislature, Michael Lane stated, '1whun Tompkins County passed its local law, we did
so in the belief that strengthening existing laws and allowing more people the freedom
to work, live and be productive members of our community should be fully supported.
I submit that the same perspective should be applied by State leaders when
considering the GEN DA legislation.'

About GENDA
The Gender Expression Non-Discrimination Act (GENDA)would add gender idêntity
and expression to the list of classes protected under New York State's existing Human
Rights Law. The bill would prohibit díscrimination against transgender and gender nonconforming New Yorkers in housing, employment, credit, education and public
accommodations. More than one third of the côuntry, including eighteen other states,
the District of Columbia, and Puerto Rico, has already passed similar laws, and eleven
local governments across New York State have passed non-discrimination ordinances,
which means nearly 6O% of New Yorkers already live'with such protections.
Under the leadership of Assembly Member Richard Gottfried, the Pride Agenda has
worked tirelessly to pass GENDA through the State Assembly - seven years in a row.
Yet the State Senate has repeatedly failed to bring the bill to the floor for a vote year
after year. Each day that the State Senate fails to act is another day we risk losing
transgender New Yorkers who live or work in parts of the state without antidiscrimination laws.
.

Learn more about the CeÀder Expression Ñon-Discrimination Act at biideáeònda.ore/e
torn pkinscou ntvnv. gov/h

u

rÑon

ma nrights

###

About the Empire State Pride Agenda
Founded in L990, the Emçiire State Pride Agenda ¡s New York's staiewide civll rights
and advocacy group committed to achieving full equality and justice for lesbian, gay;
bisexual and transgender (LGBT) New Yor:kers and theír families. The Pride Agenda
fights for these priorities by: educating policymakers, elected officials and the public;
building coalitions and mobilízing allies; lobbying government officials; administering
Political Action Committee; and organizing and empowering the LGBT community.
prideagenda.org

a

CONTACT:

Sarah C. Simmons. Program & Outreach Specialist, Tompkins County Office of Human Rights
ssi m

mons (ôtomp kins-co. org

607-277-4083
Allison Steinberg. Empire State Pride Agenda Communications Director
aste¡nbers@prideag
(917) 522-340L

 Exhibit 15

Pagc

I of3

Joe Mareane - GEt\¡DA l(erflt¡ffle

Frorn:

Karen Baer

To:

Pat Pryor

Date:

3/L2/201512:06 PM

Subject:

GENDA l(erfluffle

BC:

Joe Mareane

,Attachments:

Office of Human Rights supports GENDA.pdf

Pat,

Here's rny attempt to share with you my concerns regarding the GENDA initiative and yesterday's unpleasant
teleplrone conversations I had with you and Marcia Lynch.

At OHR, we were operating under the following understanding in terms of a GENDA-based initìative:
(1) HRC would be responsible for an OpEd and press conference, completely under your direction. The OpEd
you wrote was excellent, arrd it'is our hope that HRC continues to plan for a future press conference in'
accordance with its own wishes as to time, place, and agenda.
(2) Urrder my direction, OHR was eager

to participate in a state-wíde/OHR press release and to solicit County and

City letters and/or statements in support of GENDA (see attached). The press release is from this office, not
ESPA, But it does clearly make OHR part of the staie-wide effort.

If you recall, this division of labor resulted when OHR honored your decision to forgo a press conference with
ESPA on March 12th due to some prior conflict someone had with that agency -- even though it meant quite a
bit of OHR baclctracl<ing, canceling room reservations, and a difficult conversation with ESPA reps, I'm not aware
of wlrat the basis of that conflict is, but I respect the right of you and others to be impacted by it. As for me, this
cloes not reasonably erase the significance of ESPA and OHR being seen as allies in the goal of protecting all
New Yorkers against gender expression discrimination.
When it comes to OHR staff -- and I have clearly stated this in the past -- their direction comes solely from nre or
my superuisor (Joe). This is especially important when it comes to implementaiion of OHR strategies, chain of
command protocols, and delegations of duties. As director, it is my resporrsibility to support and advise the
HRC; and it is up to my discretion whether to delegate any of those particular tasks to members of my staff.
Comnrissioners have been asked to comnrunicate HRC requests directly to me, not to individual staffers unless I
have given prior approval, I also have an expectation that when Commissioners email nry staff, that I am copied
in on that information.
In the future, I ask that you honor these protocols because in the end, it malces the important work we all do
a bit more effortless.
Best, l(aren

file:lllC:ltJsers/JMAREANEiAppD atalLocall'lemp/XPgrpwisei550l8l2EcountyDOcottu... 1112212015

 Page 2 ol'3

l(aren W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther l(ing, Jr./W. State St.
Ithaca, New York 14850

lel: 607.277.4080
Fax: 607 .277,4106

Email: kbaer@tompkins-co.org
>>

> "Pat Pryor" <plp3@twcny.rr.com> 3/L1/20L5 3:06 PM

>>>

Hi l(aren,

l'm truly sorry for the misunderstanding we've had over the press release. My understanding of my
working agreement with Sarah over the topic of a press release/press conference was that Sarah was
turning the decision making over to me as to how/when to proceed with support on GENDA. I told
Sarah that lwould prepare an Op Ed and lsent herthe draftfor review and comment before lsent it
to the paper.
Regarding the press release/press conference, I contacted a local LGBTQ organizatiqn on lC campus
and found out that the Director, who wanted to be involved in any press conference, was going to be

out of town on the L2th. He was very reluctant to have me proceed without his involvement. We had
tentatively discussed (by email) pulling together reps from various local organizations after he got
bacl< to town with the goal of holding a press conference with wide representation from the local
community,
ln order to show support for the Pride Agenda effort, I sent the Op Ed in and asked that it be

published "on or before" the 12th, as I was directed to do by the lthaca Journal News staff. They
knew that I wanted in on the 12th, but chose not to honor my verbal request.

While I realize that the timing was intended to support the Pride Agenda's effort in Albany, it seemed
to me an important enough topicthat if we could do a successful press conference sometime in the
nextfewweel<sthat itwould still lend supportwith state legislators and would be an importantway
of bringing the local LGBTQ community together. Additionally, there is not very good feeling locally
toward the Pride Agenda and I didn't want to turn off any local activists who have tried to work with
the Pride Agenda in the past.
I

will let local groups l<now that the HRO has decided to go ahead and do the press release

Again, l'm sorry for any misunderstanding about my involvement. lthought, based on my
conversation with Sarah, that I was involved. Marcia also l<new of my involvement because I had

talked with her about it in relation to the Op Ed.
Pat
Pat Pryor

fúe:lllC:lUsels/JMAREANE/AppData/LocallTemp/XPgrpwise/55018l2EcoLurtS'DOcoun...

II122/2015

 Exhibit 16

[)age

I

o1'2

.Joe Mareane - Going Forward

From:
To:
Date:
Subject:
BC:
Jamila

Karen Baer
Jamila Walida Simon
311412015 11',24 AM
Going Forward
Joe Mareane

-

to disturb your weel<end, but I didn't have any time in the office this week to follow-up on the
situation with Pat. And since it appears that Pat and I have been unable to come to a viable worl<ing
agreement, l'm seel<ing your leadership as Vice-Chair to possibly explore ways of going forward as

Sorry

quickly as possible.
My fear is that OHR will be dragged into tedious discussions about the rightness and/or wrongness of
any particular action or comment; and my staff and I do not have the luxury to devote our energies to

Whilel
justify
someone's
don't want to diminish the importance of this issue - if the goal is to merely
priority
for
me'
as
a
behavior (including my own), it will not serve

it. Forus,situationslilcetheseserveas'distractionsfromthemorepurposefulworl<wedo.

ln an effort to expedite a resolution, l'm even willing to concede that Pat's version of events and her
belief that her actions were justified in this matter is the reality, What I want to truly avoid is having
this issue spill out into public view, thereby giving life to a self-fulfilled prophesy, ln any case, l've no

interestindivulgingtothelargergroupsomeofthedetailsrelatedtoPat'srecentconduct. lhavetoo
much respect for her, and I do not want to be responsible for diminishing, in any way, the faith that
Commissioners have placed in her.

What I do desire, is to reach some mutual understanding regarding the following:
(1) Efficient inter-agency communication. Without elaboration, I just want to convey that in recent
weel<s, a pattern of inefficiencies has developed in how the HRC comrnunicates with OHR and also to
the Legislature. lt might be good to agree on more effective protocof s going forward. Toward this end,
I am willing to mal<e an effort to attend E-Board meetings, if invited.
{2) Consensus-speaking. When it comes to the OHR, the Director is the sole resource for
related to OHR strategy and program directives, not OHR staff. As for the HRC, the Chair
spol<esperson for the Board's strategy, so it may be important to develop a protocol that
establishes that the Chair is fairly representing the directives of the E-Board or the larger
especially when the Chair is engaged in advising the Director or the Legislature,

HRC

inquiries

serves as the

more clearly
group,

(3)Autonomy. Each agency will honorthe other's autonomy in establishing policy and program
directives and will not attempt to interfere with the implementation of such.
I remain at your mercy, in terms of how you deal

with my comments and in terms of how the

HRC

will

fi\e:lllC:l¡JseLs/JMAREANE/AppD atalLocallTemplKPgrpu¡ise/5504lA88countyDOcoLrr1... 1112212015

 Page 2

of2

choose to dealwith this situation. But l'm convinced we can togetherfind workable solutions that
provide soft places for everyone to land.
Best, l(aren

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New Yorl< 14850

Tel: 607.277,4Q8O
Fax:607.277.47O6
Email: kbaer@tom pkins-co.org

file:lllC:lUsers/JMAREANE/AppD ata{LocallTemp¿XPgrywise/S5041ABBco*'tyDOcoun

1U2212015

 Exhibit 17

From:
To:

Karen Baer
Joe Mareane

Date:

31141201512:17 PM
HRC-OHR Relations

Subject:

Joe
I don't believe I copied you on thís earlier exchange which puts my email of today better in context.
Just want to keep you posted, not to worry you.

-

Some key Commissioners (and my staff) have expressed discouragement under Pat's leadership. lt's too
bad because she has so much to offer. So, I will attempt to make a more concerted effort ioward getting
the

HRC what it needs to survive and be successful
some board development training,

-

perhaps investing in

You should also know that this recent conflict stems from what I would characterize as Marcia Lynch's
unqualified conversations with Pat (based on their personal, not professional relationship) regarding
internal communication between OHR and your department. I had to have a clarifying discussion with
Marcia, too. But the problem was very easily addressed and resolved.
Best, Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr,/W. State St,
Ithaca, New York 14850
Tel: 607 .277 .4080
Fax: 607 .277 .4106
Email: kbaer@tompkins-co.org
>>> Karen Baer 031121157:42 PM >>>
Pat, I believe you are correct in agreeing to disagree, because at this point I don't relate to much you've
written below, I regret that you are upset. You know, I'm more than willing to assist in building bridges to
local lgbtq activists. But I'm not convinced that a singular press release which states that OHR stands with
other groups on the issue of gender expression protection should prevent any of us from doing that.
As for communication with my staff, they will be directed to not respond to any further requests from you
as long as you remain unwilling to accept my communication protocols. I don't believe it's too much to
ask for this level of respect from you, And if I ever discover that you have spoken to my staff in a similar
manner as you have spoken to me over the phone, this situation will have become quite serious indeed.
l'm also asking that these issues be brought before the e-board (whom I have copied here) or the full
HRC in order to come to some consensus for moving forward.
Best, Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights

 120 Martin Luther King, Jr./W. State St.
Ithaca, New York 14850
Tel: 6A7.277.4080
Fax: 607.277.41A6
Email: kbaer@tompkins-co.org
>>> "Pat Pryor" <plp3@twcny.rr.com> 03112115 6'22 PM >>>

Karen, Please see a couple of comments embedded below. Pat

From: Karen Baer [mailto:kbaer@tompkins-co,org]
Sent: Thursday, March 12,2015 12:06 PM
To: Pat Pryor
Subject: GENDA Kerfluffle
Pat,

Here's my attempt to share with you my concerns regarding the GENDA initiative and yesterday's
unpleasant telephone conversations I had with you and Marcia Lynch.
At OHR, we were operating under the following understanding in terms of a GENDA-based initiative:
(1) HRC would be responsible for an OpEd and press conference, completely under your direction. The
OpEd you wrote was excellent, and it is our hope that HRC continues to plan for a future press
conference in accordance with its own wishes as to time, place, and agenda.
(2) Under my direction, OHR was eager to participate in a state-wide/OHR press release and to solicit
County and City letters and/or statements in support of GENDA (see attached). The press release is
from this office, not ESPA. But it does clearly make OHR part of the state-wide effort.
lf you recall, this division of labor resulted when OHR honored your decision to forgo a press conference
with ESPA on March 12th due to some prior conflict someone had with that agency '.

Pat's response: "(not so... Yes, ihere is some history, but the reason for the delay in any plans for a
press conference were that one of the key players is out of town today and would not have been able to
padicipate, (See the second paragraph of the email below.) By going ahead with the press release,
which I assumed would be part of the press conference, the message to the local community is not good.
Their interests and needs, from their perspective, will have been once again negated, overridden,
ignored, by ESPA.,. only now it's worse because the OHR will be seen as preferring to work with ESPA to
working with the local community. I'm not saying I feel this way, but I can tell you that I already had a
disgruntled email from the key player mentioned above when I indicated that we (OHR/HRC) might go
ahead with the press release to support ESPA's effort. Since the decision making on this effort had been
put in my hands I made a commitment to wait until all the major local organizations could be broughi
together sometíme in the next few weeks before moving foruvard. Clearly, this move to send out a press
release at this time makes my effori to build positive connections in the community more difficr¡lt. Those
of us locally who have lobbied Albany in the past are keenly aware that the elforts of any one day are not
what passes legislation, Yes, these efforts help. But, the legislation is not even close to being considered
on the floor and for us to weigh in sometime this spring would serve to keep the pressure on; a tactic
equally as effective as doing everything in oneday. There isa lotof rebuilding of trustthatneeds to
happen between upstate LGBTQ activists and ESPA. I can fillyou in sometime if you are interested.
Going ahead with the press release after I committed to waiting untíl we could bring everyone on board
will not serve the HRO well locally and will make my job harder in trying to rebuild connections, lf you had
consulted with local activists familiar with the local LGBTQ community you could have avoided the extra
effort described ín the following phrase.)"

 Karen's text con't: even though it meant quite a bit of OHR backtracking, canceling room reservations,
and a difficult conversation with ESPA reps. I'm not aware of what the basis of that conflict is, but I
respect the right of you and others to be impacted by it. As for me, this does not reasonably erase the
significance of ESPA and OHR being seen as allies in the goal of protecting all New Yorkers against
gender expression discrimination.
When it comes to oHR staff -- and I have clearly stated this in the past -. their direction comes solely from
me or my supervisor (Joe). This is especially important when it comes to implementation of OHR
strategies, chain of command protocols, and delegations of duties. As dírector, it is my responsibility to
support and advise the HRC; and it is up to my discretion whether to delegate any of those particular
tasks to members of my staff. Commissioners have been asked to communicate HRC requests direcfly
to me, not to individual staffers unless I have given prior approval. I also have an expectation that when
Commissioners email my staff, that I am copied in on that information.
Pat's response: "(As I'm sure you recall, you are the one who asked me to work with Sarah on this issue,
so yes, I emailed her directly without copying you. I would do so again in similar circumstances when you
have clearly delegated the work on a particular project to a staff person. Whatever protocols you have for
office staff are between you and your statf and if Sarah is required to fonruard all of my emails to you that's
between you and her. Your expectation that I do so is one on which we will have to âgree to diságree.)"
Karen's text con't: ln the future, I ask that you honor these protocols because in the end, it makes the
important work we all do a bit more eifortless.
Best, Karen
Karen W Baer, Directot
Tompkins County Office of Human'Rights
120 Mariin Luther King, Jr./W State St.
Ithaca, New York 14850
Tel: 607.277.4080
Fax: 607 .277 .4106
Email : <ma ilto: kbaer@tompkins-co.org> kbaer@tompkins-co. org

>>> "Pat Pryor" <plp3@twcny.rr.com <mailto:plp3@twcny.rr,com> > gl11t2o1s 3:06 pM >>>
Hi Karen,

l'm truly sorry for the misunderstanding we've had over the press release. My understanding of my
working agreement with Sarah over the topic of a press release/press conference was that Sarah was
turning the decision making over to me as to how/when to proceed with support on GENDA. I told Sarah
that I would prepare an Op Ed and I sent her the draft for review and comment before I sent it to the
paper.

Regarding the press release/press conference, I contacted a local LGBTQ organization on lC campus
and found out that the Director, who wanted to be involved in any press conference, was going to be out
of town on the 12th. He was very reluctant io have me proceed without his involvement. We nad
tentatively díscussed (by email) pulling together reps from various local organizations after he got back to
town wiih the goal of holding a press conference with wide representation from the local community,

ln order t9 show support for the Pride Agenda effort, I sent the Op Ed in and asked that it be published
"on or before" the 12th, as I was directed to do by the lthaca Journal News staff. They knew ihat I
wanted
in on the 12th, but chose not to honor my verbal request.
While I realize that the timing was intended to support the Pride Agenda's effort in Albany, it seemed to

 me an important enough topic that if we could do a successful press conference sometime in the next few
weeks that it would still lend support with state legislators and would be an important way of bringing the
local LGBTQ community together. Additionally, there is not very good feeling locally toward the Þride
Agenda and I didn't want to turn off any local activists who have tried to work with the Pride Agenda in the
past,

I will let local groups know that the HRO has decided to go ahead and do the press release.

Aggil, l'm sorry for any misunderstanding about my involvement, I thought, based on my conversation
with Sarah, that I was involved, Marcia also knew of my involvement because I had talked with her about
it in relation to the Op Ed.
Pat

Pai Pryor
150 Scofield Rd.
Freeville, NY 13068
607-31 9-0507

plp3@twcny,

rr.

com <mailto: plp3@twcny, rr.com>

 Exhibit 18

ì

From:
To:
Date:

Subject:

Joe Mareane
Baer, Karen
3117120151:44PM
Re: HRC-OHR Relations

Karen,

We should probably talk about this.
Joe
>>> Karen Baer 311412015 12:17 PM >>>
Joe
I don't believe I copied you on this earlier exchange which puts my email of today better in context.
Just want to keep you posted, not to worry you.

-

Some key Commissioners (and my staff) have expressed discouragement under Pat's leadership. lt's too
bad because she has so much to offer. So, I will attempt to make a more concerted etfort toward getting
the
HRC what it needs to sulive and be successful- perhaps investing in
some board development training.
You should also know that this recent conflict stems from what I would characterize as Marcia Lynch's
unqualified conversations with Pat (based on their personal, not professional relationship) regarding
internal communication between OHR and your department. I had to have a clarifuing discussion with
Marcia, too, But the problem was very easily addressed and resolved,
Best, Karen

Karen W Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr,Aff State St.
Ithaca, New York 14850
Tel: 607.277.4080
Fax:607.277.4106
Email: kbaer@tompkins-co.org
>>> Karen Baer 031121157:42 PM >>>
Pat, I believe you are correct in agreeing to disagree, because at this point I don't relate to much you've
written below. I regret that you are upset. You know, l'm more than willing to assist in building bridges to
local lgbtq activists. But I'm not convinced that a singular press release which states that OHR stands with
other groups on the issue of gender expression protection should prevent any of us from doing that,
As for communication with my statf, they will be directed to not respond to any further requests from you
as long as you remain unwilling to accept my communícation protocols. I don't believe it's too much to
ask for this level of respect from you. And if I ever díscover that you have spoken to my statf in a similar
manner as you have spoken to me over the phone, this situation will have become quite serious indeed.
I'm also asking that these issues be brought before the e-board (whom I have copied here) or the full
HRC in order to come to some consensus for moving forward.
Best, Karen

 I

From:
To:
Date:

Subject:

Karen Baer

Joe Mareane
311912015 7:39 AM
Fwd: Confidential Concern

Based on his conversations with Pat, Peter understood the situation to be "very serious" especially since
he understood Pat to be saying she represented the concerns of the Commission as a whole. I know that
Peter means well, but I don't feel comfortable about him getting in the middle of this. lt was a difficult
conversation because I had to refrain from both exposing Pat's conduct and justifuing my own actions.
Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New York '14850

lel:

607.277.408O

Fax: 607.277.4106
Email: kbaer@tompkins-co.org
>>> Karen Baer 03/18/'15 5:33 PM >>>
Hi, Jarnila. I'm operating a little in the dark since I haven't received any briefing about your E-Board
meeting. But I received a call yesterday from Legislator Peter Stein requesting that we meet to discuss
concerns he had about the relationship between the OHR and HRG.

We met today and it is clear he has received in the last few days some negative information regarding me
from a Commission source, more specifically Pat Pryor. I thinl< this is, at the very least, unfortunate for
both the integrity of OHR and the HRC and for the work we want to accomplish, especially given the fact
that Peter is a Legislator and the Chair of the committee to which I report.
But at this point, I guess it would be important to know whether Pat díscussed these issues with Peter
with consent from the E-Board or the larger group, lf so, it will be an indication of a larger concern that we
will need to discuss and resolve.
Even so, l'm willing to do that work in order to move forward

Best, Karen

Karen W, Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W, State St.
Ithaca, New York 14850
Tel: 607 .277 .4080
Fax: 607 .277 .4106
Email: kbaer@tompkins-co.org

 Exhibit 19

From;
To:
Date:

Subject:

Joe Mareane
Baer, Karen
311512015 8:19 AM
Re: Fwd: Confidential Concern

Karen,

l.think Peter likes you both and would like to see if he can help mend fences, which l, too, hope we can
do.

Joe

>>> Karen Baer 311912015 7:39 AM >>>
Based on his conversations with Pat, Peter understood the situation to be "very serious" especially since
he understood Pat to be saying she represented the concerns of the Commission as a whoie. I kñow that
Peter means well, but I don't feel comfortable about him getting in the middle of this. lt was a ditficult
conversation because I had to refrain from both exposing Pat's conduct and justifying my own actions.
Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr,AlV. State St.
Ithaca, New York 14850
Tel: 607,277.408A
Fax: 607.277.4106
Emai l: kbaer@tompkins-co.org

>>> Karen Baer 03/18/15 5;33 PM >>>
Hi, Jamila. l'm operating a little in the dark since I haven't received any briefing about your E-Board
meeting. But I receivràd a call yesterday from Legislator Peter Stein requesting that we meet to discuss
concerns he had about the relationship between the OHR and HRC.

We met today and it is clear he has received in the last few days some negative information regarding me
from a Commission sourcer more specifically Pat Pryor. I think this is, at the very least, unfortunate fór
both_the integrity of OHR and the HRC and for the work we want to accomplish, especially gíven the fact
that Peter is a Legislator and the Chair of the committee to which I report.
But at this point, I guess it would be important to know whether Pat díscussed these issues with peter
with consent from the E-Board or the larger group. lf so, it will be an indication of a larger concern that we
will need to discuss and resolve.
Even so, I'm willing to do that work in order to move fon¡vard.

Best, Karen

Karen W, Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr.A/V. State St.
Ithaca, New York 14850
Tel: 607.277.4080
Fax: 607.277.4106
Email: kbaer@tompkins-co. org

 Exhibit 20

l

Pagc

I of

.loe [Vlareane - eall from Feter Stein

From:

l(aren Baer

lo:

Joe Mareane

Date:

s/6/20L5 L2"28 PM

Subject:

Call from Peter Stein

IjustgotacallfromPeterSteínwhoaskedmetolunchnextweek. Isaidyes,thenaskecl iftherewasaspecial
topic. At first he said, 'Just general conversation." Then I told him if his interrtion was to discuss the Pat
Pryor issue again,l would rather not because of the precarious situation it pr.rts me in vis a vis the E-Board/HRC
and my own ethical limitations in being able to have an honest discussion with him regarding this internal HRC
issue, not to mention risks to my own job security (didn't say that out loud). Then he said, okay, Then let's just
say we'll talk about how you might better relate to people in general.

I don't feel as though I can turn down a legislator for a lunch invitation, but I sense there's sometlring unethical
about this whole dynamic. I'm sorry if this is how things are done in Tompl<ins County. lt's ¡rot how I do tlrings,
arrd I'm feeling the pressure to yield to it, even though I sense its unfair. After all, I thought I got this job not to
conform, but because I expressed an innovative and different approach to this important work -- worl< that I'm
finding less and less time to focus on.
No one can say that I haven't made,every effort to resolve Pat's issues with me. But I'm sorry, how Pat Pryor feels
about me has nothirrg to do with what I came here to accomplish, And in all honesty, I'don't believe there's
anything I can do to change her mind, anyway.
Best, Karen

l(aren W. Baer, D¡rector

Iompkins County Office of Human Rights
120 Martin Luther l(ing, Jr./W. State 5t,
Ithaca, New York 14850
Tel:607 .277.4080
Fax:

607.277.4t06

Email : kbaer@tompkins-co,ore

file:/llC:lUsers/JMAREANEiAppData/LocallTemp/XPgrpwise/554A08F8counfyDOcoun.,. 1112212015

I

 Exhibit 21

[)age 1 of 2

Joe Mareane - Fwd:

R,e:

request

From:

Karån Baer

To:

Jbe Mareane

Date:

6/16/2075 L0:L9 AM

Subject:

Fwd: Re: request

l(aren W. Baer, Director
Tompkins County Office of Human Rights
L20 Martin Luther King, Jr./W, State St.
Ithaca, New York 14850
Tel 607 ,277 .4080
Fax: 607 .277 .4106
Email : kbaer@tompkins-co.org

>>

> Karen Baer 6/L6/201-5 9:54 AM

>>>

Pat,

Thank you for your email and your willingness to worl< with me for the good of the HRC and OHR. I appreciate
the Besture you have made, I have remained committed to worl<ing with you on human rights issues,
programs, and initiatives that have County-wide impact and are mutually meaningful to my office and the
HRC, However, given our many attempts in the past to air our differences, I am not willìng to focus on those
differences or explain misunderstandings of the past, As you l<now, this has been my position for some time
now.
Let's come together after l've returned from úacation to explore how we might address some particular human
rights issues in Tompkins County,
Looking forward to lool<ing forward,
l(a

ren

l(aren W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther l(ing, Jr./W. State St.
Ithaca, New York 14850
f el:6A7,277.4080
Fax: 607

.277.4t06

Email: kbaer@tom pkins-co.org

>>> "PATRICIA" <plp3@twcny,rr,com> 6/t5/20L5 7:32 PM >>>
l(aren,

file:lllC:Nsers/JMAREANE/AppData/LocallTernplXPgrplvise/557FF84CcountyDOcoun... lIl22l20lS

 \
Page 2

of

2

Just writing to reiterate my willingness to sit down with you to resolve any misunderstandings that
exist, I cannot help but believe that it would be to the betterment of both the OHR and the HRC for
us to reach a resolution of the current situation, I can see that the Commission is being hurt by the
continuance of the tension that exists and cannot see how it profits anyone to proceed as is. We are
both adults and should be able to have a civil conversation about any existing differences. l'm not

suggesting that we would become friends, but we should at least be able to worl< together amiably
forthe good of both the HRC and the OHR.
Best,

Pat
Pat Pryor, Choir
Tompkins County Human Rights Commission
750 Scofield Rd.
Freeville, NY L3068

607-3L9-0507
plp3@twcnv.rr.com

fiIe:lllC:lUsers/IMAREANE/AppD ata/Locall'lempD(Pglpwise/557FF84CcountyDOcoun...

lllzLlTTlS

 I

From:
To:
Date:

Subject:

Joe Mareane
Baer, Karen
61241201511:28 AM
Fwd: RE: request

Karen,
hope you will respond to this constructively and without condition, and by phone vs, email.

l.

Joe

>>> "PATRlClA" <plp3@twcny.rr.com> 612312015'7:17 pM >>>

Karen,

The only tímes we have seen each other since your angry response to my attempt to help
prevent the press release with an erroneous statement from goíng public can hardly be called
"airing our differences". Once was in Executive Session of the HRC and the otherwas in an
HRC Executive Committee meeiing. ln both cases there were no meaningful attempts to air or
reconcile differences. Your demeanor in the HRC Executive Session was totally accusatory
because you were angry that I had talked with Peter about your behavior arounä the press
release. Afrer I listened carefully to your complaint you angrily interrupted me when I tried to
respond. At the Executive Committee meeting you again interrupted me with angry fingerpointing. I don't consider eíther of those exchanges to be an adult attempt to airãiiferences.
Now, you seem to be- taking a position that would ignore all your previous inappropriate
behavior, ignore the fact,that you have, behind my back, told members of the'Óommission such
negative things about me that several have expressed their desire that I resign. I cannot even
imagine what you have told them that would convince them that I have donelomething so
heinous as to merit their loss of support. But, you won't tell me what you've told them ór attempt
to resolve the situation. The Commission is shattered and basícalfy non-functional, yet you want
me to pretend that nothing has happened and go forward. l'm having a hard time igño¡ng the
little voice inside that is telling me you destroyed my standing with a óegment of the Comñrission
deliberately so that I will resign and you'll no longer have to dealwith me:
I have participated on and led many committees over the years and I have never encountered
the kind of behavior that I have met from you, I volunteered for the Commission in good faith
and gave you my friendship, trust, and support. I am repaid by having to listen to a
Commissioner roll her eyes and tell another Commissioner, who is supportive of me, that sheihe
shguld go in and talk with you io learn why I shouldn't be suppoded. Ciearly, your backstabbing has worked.

While I remain willing to continue working With you on human rights efforls, I believe very
strongly that you, as a Department Head and a professional, given the situation, should ão at
least two things:
1'
You should agree to have a civil, adult conversation with me, with a facilitator
who will assure that we are both listened to and heard, and who can help mediate differences. I
suggest someone from CDRC
2'
Assuming we have a successful mediation, you should tell Commíssioners that
we have reached a mediated understanding and that you are no longer opposed to my
continuing as Chair of the Commission,
Pat

 Exhibit 22

From:

lo:

Joe Mareane
Baer, Karen

Dafe:

4127120151:56 PM

Subject:

Fwd: Re: press release

Karen,
These emailvolleys really need to end.
The situation won't be helpdd by the qudÉtioning of Pat's mental acuity in an email that could end up
anywhere.
I'm tied up all day today getting ready for tonight's budget retreat, but we should hy to talk tomorrow.
Joe

>>> Karen Baer 412712015 10:15 AM >>>
FYl. Responses of E-Board to Pat's email.

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martín Luther King, Jr.A¡V. State St.

Ithaca, New York 14850
Tel: 607.277.4080
Fax: 607.277 .4106
Email: kbaer@tompkins-co.org

>>> Talyse Hampton <talyseladora@gmail.com> 41271201510:04 AM >>>
Good mqrning everyone,
Today, after receiving the finalword about our agenda, I planned to send out the communication
resolution we created on Saturday, April 25 along with the agenda.
At this point, however, I am very wary and even more confused as to how to proceed, Pat, the emails you
have sent over the past few days have heightened my concern for your sincerity in wanting to move
fon¡vard. I am additionally concerned that your forgetfulness is creating confusion for Commissioners. At
our last Commission meeting the entire Conimission decided that we would not invite guest speakers until
after our retreat. Your emåil to lsabelle caused her confusion; it makes us all seem like we don't know
what we are doing.
Jamila - there will be no need for someone to take minutes - I will be at today's meeting (although I may
be a little late). I am not at all pleased with what's transpired over this weekend, Pat. I thought we were
moving fonruard together and your communications have, in many ways, proved othenivise.
I would very much like for usr as an Eboard, to talk about how we'll be proceeding, although thai's what
thought Saturday's meeting was about. Pat, this is tiresome; I would like to know if you are really
committed to us doing good work together.

Thank you,

Talyse

On Mon, Apr 27,2015 at 8:49 AM, Jamila Walida Simon <jws62@cornell.edu> wrote:

Pat,

I

 Exhibit 23

Page

I ol'2

Joe Mareane - Going Forward
From:
Karen Baer
To:
Jamila Walida Simon
Date:
311412015 11:24 AM
Subject: Going Forward
BC:
Joe Mareane
Jamila

-

Sorry to disturb your weel<end, but I didn't have any time in the office this weel< to follow-up on the
situation with Pat. And since it appears that Pat and I have been unable to come to a viable working
agreement, l'm seelcing your leadership as Vice-Chair to possibly explore ways of going forward as

quickly as possible.
My fear is that OHR will be dragged into tedious discussions about the rightness and/or wrongness of
any particular action or comment; and my staff and I do not have the luxury to devote our energies to
it. For us, situations lil<e these serve as distractions from the more purposeful worl< we do. While
don't want to diminish the importance of this issue if the goal is to merely justify someone's
behavior (including my own), it will not serve as a priority for me.
I

-

ln an effort to expedite a resolution, l'm even willing to concede that Pat's version of events and her
belief that her actions were justified in this matter is the reality. What I want to truly avoid is having
this issue spill out into public view, thereby giving life to a self-fulfilled prophesy. ln any case, l've no
interest in divulgingto the larger group some of the details related to Pat's recent conduct. I have too
much respect for her, and I do not want to be responsible for diminishing, in any way, the faith that
Commissioners have placeid in her.
What I do desire, is to reach some mutual understanding regarding the following
(1) Efficient inter-agency communication. Without elaboration, I just want to convey that in recent
weel<s, a pattern of inefficiencies has developed in how the HRC communicates with OHR and also to
the Legislature. lt might be good to agree on more effective protocols going forward. Toward this end,
I am willing to make an effort to attend E-Board meetings, if invited.
(2) Consensus-speaking. When it comes to the OHR, the Director is the sole resource for HRC inquiries
related to OHR strategy and program directives, not OHR staff. As for the HRC, the Chair serves as the
spol<esperson for the Board's strategy, so it may be important to develop a protocolthat more clearly
establishes that the Chair is fairly representing the directives of the E-Board or the larger group,
especially when the Chair is engaged in advising the Director or the Legislature.

Autonomy. Each agency will honor the other's autonomy in establishing policy and program
directives and will not attempt to interfere with the implementation of such.
(3)

I remain at your mercy, in terms of how you deal with my comments and in terms of how the HRC will

Itle:lllC:lUsers/JIvIAREANE/AppData/LocallTemp/){Pgrprvise/S5041A88countyDOcoun..,

1112212015

 Page 2

of2

to deal with this situation. But l'm convinced we can together find workable solutions that
provide soft places for everyone to land.

choose

Best, l(aren

Karen W, Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr,/W^ State 5t.
Ithaca, New York 14850
Tel: 607.277,4080
Fax: 6Q7.277.4706
Email: kbaer@tom pl<ins-co.org

fiIe./l/C:/Users/JMAREANE/AppDatalLocallTemplKPgrpwise/S5041A88countyDOcoun...

lll22l20l5

 Exhibit 24

From:
To:

Joe Mareane
Baer, Karen

Date:

411112015 7:48 PM
Re: Very Confidential Brief

Subject:
Karen,

Sony I didn't call yesterday, By the time I got someplace quiet to call, I was too tired to do it
Let's talk early this week.
Thanks,
Joe

>>> Karen Baer 41111201512:36 PM >>>
The Good News: Last week, the HRC Executive Board called a special meeting to discuss the recent
conflict between Pat and OHR staff, as well as ongoing HRC Chair communication problems. Based on a
briefing I received about that meeting, Pat has agreed to the following directives: (1)to honor ¡ny
protocols for HRC communications with OHR staff; (2) to copy/inform E-board members arid
Commissioners on ALL communications/activities the Chair engages in regarding HRC/OHR matters; and
(3) to cease having unauthorized conversations with Peter Stein and others regarding HRC business,
especially conversations tending to have an undermining impact on OHR and its relationship with HRC.
The Not-So-Good News: E-Board members conveyed to me that they were unable to clearly identify any
rational source for Pat's change of heart towards me, I was told that Pat's level of distrust towards me is
palatable. Albeit, there was some inference that Pat's respect for me has eroded based on specific
comments she made during the meeting; namely (1) that I hurt CLOC's feelings; (2) I took an independent
view of the GENDA initiative; (3) Pat "heard from someone" that I had discussed this conflict with you, so
Pat is now eager to present you wíth "her view of me" at some point; and to bolster her view of me, she
told E-Board members (4) that several Legislators are also suspicious of me because they think I am
intentionally inflating fair housing needs in Tompkins County.
E-Board members are not optimistic that Pat will be able to adhere to the directives laid out for her, But
l'm glad they have enough respect for her to let her try. There is a sense that she is unwilling to change
and is not able to comprehend how dangerous and damaging her activities have been and may continue
to be to both our organizations. I am told, if Pat does not comply with the above directives, they will seek
to remove her as Chair.

Ïo

me, it all seems so incredible because I know Pat has enjoyed a long history of public service and

integrity. At times, this situation makes me sad because there may be other factors contributing to Pat's
behavior and frame of mind not related to me at all.
Best, Karen

Karen W. Baer, Director

Tompkins County Office of Human Rights
120 Martin Luther King, Jr.AlV. State St.
Ithaca, New York 14850
Tel: 607.277.4080
Fax: 607.277.4106
Email: kbaer@tompkins-co, org

 Exhibit 25

From:
To:

Joe Mareane
Baer, Karen

Date:

311512015 8:'19 AM
Re: Fwd: Confidential Concern

Subject:
Karen,

l.think Peter likes you both and would like to see if he can help mend fences, which l, too, hope we can
do.

Joe

>>> Karen Baer 311912015 7:39 AM >>>
Based on his conversations with Pat, Peter understood the situation to be "very serious" especially since
he understood Pat to be saying she represented the concerns of the Commission as a whoie. I kñow that
Peter means well, but I don't feel comfortable about him getting in the middle of this, lt was a ditficult
conversation because I had to refrain from both exposing Pat's conduct and justiñ7ing my own actions,
Karen

Karen W Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr,AlV. State St,
Ithaca, New York 14850
Tel 607 .277.4080
Fax: 607.277.4106
Email: kbaer@tompkins-co.org
>>> Karen Baer 03/18/15 5:33 PM >>>
Hi, Jamila. I'm operating a little in the dark since I haven't received any briefing about your E-Board
meeting. But I received a call yesterday from Legislator Peter Stein requesting that we meet to discuss
concerns he had about the relationship between the OHR and HRC.

We met today and it is clear he has received in the last few days some negative information regarding me
from a Commission source, more specifically Pat Pryor. I think this is, at the very least, unfortunate fór
bothlhe integrity of OHR and the HRC and for the work we want to accomplish, especially given the fact
that Peter is a Legislator and the Chaír of the committee to which I report.
But at this point, I guess it would be important to know whether Pat discussed these issues with peter
with consent from the E-Board or the larger group. lf so, it will be an indication of a larger concern that we
will need to discuss and resolve.
Even so, l'm willing to do that work in order to move fonruard.
Best, Karen

Karen W, Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New York 14850
ïel: 607.277.4080
Fax: 607.277 .4106
Email: kbaer@tompkins-co.org

 Exhibit 26

From:
To:
Date:

Subject:

Joe Mareane
Baer, Karen
41261201512:08 PM
Re: Today's E-Board

Karen,

That's too bad. I was hoping the meeting would allow differences to be aired and reconciled. lf I ever
were to get involved, it would only be to see if I could help mend fences. As you know, l'm a fan of both
of you, so would prefer that the relaiionship be peaceful and productive. However, as I've said before, I
will certainly stand behind you if that kind of support is ever necessary.
l'll let you know if I hear anything about the meeting, or the situation generally. (l was with Peter all
afternoon Friday, and he didn't say anything about this.)
Thanks,
Joe

>>> Karen Baer 412512015 3:30 PM >>>
Well, as usualthere's both good and bad news, Mostly bad, I willtouch on the highlights and leave the
complexiiies for verbal communication.
Just before the meeting started I left the room to lock the office door. Jamila came to me to say that Pat
did not want to go through with the meeting without an impartial facilitator present, after expressing her
fear that she didn't really trust anyone in the room to carry on a fair conversation. My feeling was that if
the level of trust is so low (and undeservedly so) I wasn't convinced that a facitator could resolve any of
the underlying problems. As it turned out, the others felt the same.
So ín spite of this, the meeting lasted over 90 minutes because the E-board refused to leave without
100% agreement on a strategy for going forward. We slogged through a lot of silly stuff and I believe the
sense of confidence that Pat once enjoyed from other E-Board members took a big hit today, Nobody
seemed optimistic about her ability to change or understand the implications of her behavior.
Towards the end of the meeting, Pat informed us that she was likely going to tell Marcia Lynch and Peter
that I refused to meet with her and a facílitator. This really infuriated the others, especially since it would.
already be a violation of the few simple rules that were agreed upon. Pat conveyed her belief that as long
as she speaks the truth (or her version of it), she is justified.
Once it was expressed that she could no longer serve as chair if she did not comply, she agreed in some
fashion, I also want you to know that she made a not-so-veiled threat that "the administration" had
expressed an interest in getting involved in this and that it would be something that would not bode well
for me.
It really makes me frustrated that Pat has decided to concentrate on these silly kinds of ego issues,
Because as long as we are forced to talk about our own problems, the less time we will have to help
resolve the problems of others.
Karen
Karen W, Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W, State St.
Ithaca, New York 14850
Tel. 607.277.4080
Fax: 607.277.4106
Email: kbaer@tompkins-co.org

 Exhibit 27

From:
To:
Date:

Subject:

Karen Baer
Joe Mareane
412612015 8:32 PM

Fwd: FW press release

Joe, is it possible that Marcia Lynch is continuing to interfere in this situation? What ails people? I'm
beginning to lose my patience.
Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W, State St,
Ithaca, New York 14850
Tel: 607.277.408A
Fax: 607.277.4106
Email: kbaer@tompkins-co.org
>>> "PATRICIA" <plp3@twcny.rr.com> 04126115 6:57 PM >>>
Hi, AII,

You may recallthat a while ago Karen provided us with the exact language of
her response to the CLC group regarding their invitation to her to join the
group and her subsequent decision not to do so. ln the same interest of
full disclosure I've decided to provide you with the full text of the email
that I sent to Sarah regarding the press release on GËNDA. This is the
language thai Karen took exceptíon to and got very angry with me about for
supposedly trying to tell her what to do. Just prior to the email below a
series of things had happened:

1.

Marcia Lynch, the county Þublic lnformation Officer, had called me
with concern about the language of a press release on GENDA sent to Marcia
by sarah. Marcia had been unable to reach anyone at the HRo to discuss it.
Marcia was concerned that it seemed from her communication with sarah that
the press release might be sent out at any time.

2.

Marcia shared with me the proposed language and I agreed wíth her on
the problematic section of it. We were concerned that if it went out
without revision it would include factually incorrect information that would
reflect badly on the HRO office for having made the error and would likely
bring criticism from Legislators.

3.

Marcia was unsure of what to do because she had repeatedly tried to
call the HRO office and couldn't get through. She recalled that I was
working on the GENDA project with sarah so she called me and we brainstormed
ideas. Neither of us wanted to see the HRo receive criticism for what was
clearly an unintended mistake in the language of the press release.

4,

Marcia and I agreed that she would continue to try to call the HRO
office and I would quickly send an emailto sarah, with the hope that one of
us would get through before the press release went out. Below is the

 message I sent that precipitated Karen's anger.

5.

Fortunately for the HRO office, Marcia was able to get through to
them before the press release went out and was able to explain why certain
language was problematic and needed changing to assure accuracy and prevent
any repercussions to Karen and the HRO office from Legislators.

6.

Although I have not had the opportunity to discuss this series of
events with Karen and explain to her my motive in sending the message lwant
to assure members of Executive Committee that my only goal in doing so was
to assist Marcia in protecting the good reputation of Karen and the HRO
office and to prevent a mistake thai would have made them look bad to the
Legislature. lt is still shocking to me that my motive in sending the
melsage could have been so misconstrued and that Karen does not even want to
hear why I sent it.

7.

Please see the message below. Apparently it has been interpreted as
an attempt by me to undermine Karen's authority, a perception that could
have easily been refuted and cleared up, I think, if we had ever had the
chance to talk about the fact that I was assisting Marcia in trying to
protect Karen's reputation, not hurt her in any way, when I sent the
message.

Pat

From: Pat Pryor [mailto:plp3@twcny, rr.com]

Sent Wednesday, March 11,2015 2:13 PM
To: 'Sarah Simmons'

Subject press release

Hi Sarah,

Marcia Lynch called me about the press release. Please do not send it until
we can communicate. There are some things ihat will need to be changed'

I

just tried to call you, but the office line is busy

Thanks,
Pat

 Pat Pryor
150 Scofield Rd.

Freeville, NY 13068
607-31 9-0507
p

I

p3@twcny.

rr, co

m < ma ilto plp3@twcny.
:

rr.

com>

 Exhibit 28

From:
To:
BC
Date:
Subject:

Karen Baer

Amos Malone; talyseladora@gmail.com; Jamila Walida Simon
Joe Mareane
412612015 8:13 PM
Fwd: FW: press release

Wow. This is completely cra cra. I can't believe I have to spend time responding to this.
l've never refered to Pat's email as the basis of her confrontaiion with me. lt was her followup phone call
to the office which came in five minutes after she sent this email. lt's also interesting to note that Marcia
Lynch got'Sarah on the phone even before Pat called the office to lodge her displeasure and very shorfly
after Sarah sent her the press draft, What also makes this curious is that Marcia knows that OHR never
sends out a press releases prior to her approval
ln terms of the CLOC issue, the email I provided you with served as my sole response. And if I recall
correctly Pat spent considerable time on the phone that day telling me exactly why she was àngry about
the press release.
ln any event, I thought we had agreed to move fonruard. Very sad indeed
Best, Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W, State St.
Ithaca, New York 14850
Tel: 607 .277 .4080
Fax: 607.277 .4106
Email: kbaer@tompkins-co.org
>>> "PATRIClA" <plp3@twcny,rr,com> 04126115 6:b7 PM >>>
H¡, AII,

You may recall that a while ago Karen provided us with the exact language of
her response to the CLOCK group regarding their invitation to her to join the
group and her subsequent decisíon not to do so. ln the same interest of
full disclosure l've decided to provide you with the full text of the email
that I sent to Sarah regarding the press release on GENDA. This is the
language that Karen took exception to and got very angry with me about for
supposedly trying to tell her what to do. Just prior to the email below a
series of things had happened:

1. Marcia Lynch, the county Public lnformatíon Officer, had called me
with concern about the language of a press release on GENDA sent to Marcia
by Sarah. Marcia had been unable to reach anyone at the HRO to discuss it.
Marcia was concerned that it seemed from her communication with Sarah that
the press release might be sent out at any time.
2.

Marcia shared with me the proposed language and I agreed with her on
the problematic section of it. We were concerned that if it went out
without revision it would include factually incorrect information that would
reflect badly on the HRO office for having made the error and would likely
bring criticism from Legislators.

 The fact that you would mal<e the time to send an email like this is disconcerting. We agreed on
Saturday, April 25, 2015 that we would move ahead and you shared your willingness to do so. This
email serves as a setbacl< and let's me know that you don't want to move ahead.

I will ask you directly that you refrain from speaking about people and refer specifically to ideas. ln
addition, please refrain from bringing up past events as we are moving forward.

Warmly,

Jamita Walida Simon, M.S.Bronfenbrenner Genter for Translational Research
New York State 4-H Office
NYS 4-H Citizenship and Civic Engagement Specialist
Extension Associate

Cornell University, 202 Beebe Hall, lthaca, NY 14853
607-255-0287

From: PATRI CIA <plp3@twcny.rr.com>
Sent: Sunday, April26,2015 6:56 PM
To: Jamila Walida Simon; talyseladora@gmail.com; Amos Malone, Treasurer
Gc: Karen Baer
Subject: FW press release
Hi, AII,

You may recall that a while ago Karen provided us with the exact language of her response
to the CLC group regarding their invitation to her to join the group and her subsequent
decision not to do so. ln the same interest of fulldisclosure l've decided to provide you w¡th
the full text of the email that I sent to Sarah regarding the press release on GENDA. This is
the language that Karen took exception to and got very angry with me about for supposedly'
trying to tell her what to do. Just prior to the email þelow a series of things had happened:
1. Marcia Lynch, the county Public lnformation Officer, had called mew¡th concern about
the language of a press release on GENDA sent to Marcia by Sarah. Marcia had been unable
to reach anyone at the HRO to discuss it. Marcia was concerned that it seemed from her
communication with Sarah that the press release might be sent out at any time.
2. Marcia shared with me the proposed language and I agreed with her on the problematic
section of it. We were concerned that if it went out without revision it would include factually
incorrect information that would reflect badly on the HRO office for having made the error and
would likely bring criticism from Legislators,
3. Marcia was unsure of what to do because she had repeatedly tried to call the HRO office
and couldn't get through. She recalled that I was working on the GENDA project with Sarah so
she called me and we brainstormed ideas. Neither of us wanted to see the HRO receive
criticism for what was clearly an unintended mistake in the language of the press release.
4. Marcia and I agreed thaf she would continue to try to callthe HRO office and I would
qui'ckly send an email to Sarah, with the hope that one of us would get through before the

 press releasë went out. Below is the message I sent that precipitated Karen's anger.
5. Fortunately for the HRO office, Marcia was able to get through to them before the press
release went out and was able to explain why certain language was problematic and needed
changing to assure accuracy and prevent any repercussions to Karen and the HRO office
from Legislators.
6. Although I have not had the opportunity to discuss this series of events with Karen and
explaín to her my motíve in sending the message I want to assure members of Executive
Committee that my only goal in doing so was to assist Marcia in protecting the good reputation
of Karen and the HRO office and to prevent a mistake that would have made them look bad to
the Legislature. lt is stíll shocking to me that my motive in sending the message could have
been so misconstrued and that Karen does not even want to hear why I sent it.
7. Please see the message below. Apparently it has been interpreted as an attempt by me
to undermine Karen's authority, a perception that could have easily been refuted and cleared
up, I think, if we had ever had the chance to talk about the fact that I was assisting Marcia in
tryíng to protect Karen's reputation, not hurt her in any way, when I sent the message.
Pat
From: Pat Pryor [mailto:plp3@twcny.rr.com]
Sent: Wednesday, March 11,2015 2:13 PM
To:'Sarah Simmons'
Subject: press release
HiSarah,
Marcia Lynch called me about the press refease. Please do not send it untilwe can communicate.
There are some things that will need to be changed.
I

just tried to call you, but the otfice line is busy.

Thanks,
Pat
Pat Pryor
150 Scofield Rd.
Freeville, NY 13068

607-319-0507
plp3@twcny.rr.com

faDora Hampton
c:'607-201-8183
Ms. Talyse

e: talyseladora@gmail,com

 Page 4 o1'4

sent it.
7, Please see the message below. Apparently

it has been interpreted as an attempt by me to
undermine l(aren's authority, a perception that could have easily been refuted and cleared
up, I thinl<, if we had ever had the chance to talk about the fact that I was assisting Marcia in
trying to protect l(aren's reputation, not hurt her in any way, when I sent the message.
, Pat
From: Pat Pryor [mailto:plp3@twcnv.rr,com]
Sent: Wednesday, March t1,,2015 2:13 PM
To: 'Sarah Simmons'
i subject: press release
Hi Sarah,

' Marcia Lynch called me about the press release.
some things that will need to be changed.
ljust tr¡ed to call you, but the office line is busy.

Please do not send it until we can communicate, There are

, Thanks,
Pat

Pat Pryor
L50
Scofield Rd.
',
, Freeville, NY ßA68

, 607-379-0507
nln-l
v,rr.com

Ms. Talyse LaDora Hampton
c: 607-20L-8183
e: talvseladora@qmail.com

file:ll/C:/UseTsiJMAREANE/AppData/LocallTempD(Pgrpwise/553E436DcountyDOcoun

tU22l20I5

 Exhibit 29

Pnge

I ofJ

Joe Mareane - Fwd: Re: press release

From:

l(aren Baer

To:

Joe Mareane

Date:

4/27 /2015 10:15 AM

Subject

Fwd: Re: press release

FYI. Responses of E-Board to Pat's email

l(aren W. Baer, Director
Tompl<ins County Office of Human Rights
L20 Martin Luther l(ing, Jr./W. State St.
Ithaca, New Yorl< L4850

Ieli

607.277.408a

Fax: 6Q7 .277 .4106

Email: kbaer@tompkins-co.org

> > > Talyse Hampton <talyseladora@gmail.com > 4/27 /20L5 10:04 AM > > >
Good morning everyone,

Today, after receiving the final word about our agenda,
created on Saturday, April 25 along with the agenda,

I

planned to send out the communication resolution we

At this point, however, I am very wary and even more confused as to how to proceed. Pat, the emails you have
sent over the past few days have heightened my concern for your sincerity in wanting to move forward. I am
additionally concerned that your forgetfulness is creatíng confusion for Commissioners, At our last Commission
meeting the entire Commission decided that we would not invite guest speakers until after our retreat. Your
email to Isabelle caused her confusion; it makes us all seem like we don't know what we are doing.
Jamila - there will be no need for someone to take minutes - I will be at today's meeting (although I may be a
líttle laie). I am not at all pleased with whal's transpired over this weel<end, Pat, i thought we were moving
forward together and your communications have, in many ways, proved otherwise.

I would very much like for us, as an Eboard, to talk about how we'll

be proceeding, although that's what I
thought Saturday's meeting was about. Pat, this is tiresome; I would like to know if you are really commítted to
us doing good work together.

Thank you,
Talyse

On Mon, Apr 27 ,20L5 at 8:49 AM, Jamila Walida Simon < iws62@cornell.edLl> wrote:

Pat,

The fact that you woulcL make the time to send an email like this is disconcerting. We

fiJe:ll/C:lUsers/JMAREANE/AppDatalLacallTemp/)(Pgrpwise/553E0C3CcountyDOcou..,

1112212015

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agreed on Sabr-rlclay, Aplil 25,201.5 that we woulcL ilrove ahcacl ancl ye11 sharccl your
rvillingness to do so. This email serves as a setback and let's me knorv that you d.on't ¡vant to
move ahead.

I will ask you clirectly that you refrain from speaking about people and refer specifically to
icleas. In acldition, please refrain from bringing up past events as we are moving forwald.

Warmly,

Jamila Walida Silnon, M.S.

Bronlþnbrenner Center lbr Trauslational Research
Nerv Yorlc State 4-H Office

NYS 4-H Citizenship ard Civic Engagenent Specialist
Extension Associate
Coruell University, 202 Beebe Hall, Ithaca, NY 14853
607-255-0287

From: PATRICIA <plp3@twcnv.rr.com>
Sent: Sunday, April 26, 2015 6:56 PM
To: Jamila Walida Simon; talvseladora@email.com; Amos Malo ne, Treasurer
Cc: l(aren Baer
Subject: FW: press release
Hi, AII,

You may recallthat a while ago l(aren provided us with the exact language of her response to the
CLC group regarding their invitation to her to join the group and her subsequent decision not to do

so. ln the same interest of full disclosure l've decided to provide you with the fulltext of the email
that I sent to Sarah regarding the press release on GENDA, This is the language that l(aren tool<
exception to and got very angry with me about for supposedly tryìng to tell her what to do. Just
prior to the email below a series of things had happened:
L. Marcia Lynch, the county Public lnformation Officer, had called me with concern about the
language of a press release on GENDAsentto Marcia bySarah. Marcia had been unable to
reach anyone at the HRO to discuss it. Marcia was concerned that it seemed from her
communication with Sarah that the press release might be sent out at any time.
2. Marcia shared with me the proposed language and I agreed with her on the problematic
section of it. We were concerned that if it went out without revision it would include
factually incorrect information that would reflect badly on the HRO office for having made

frle:lllC:lUsers/JMAREANE/AppD atalLocallTemp/)(Pgrpwise/553E0C3Ccount5,DOcou...

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i ot'i

the error and would likely bring criticism from Legislators.
3. Marcia was unsure of what to do because she had repeatedly tried to call the HRO office
and couldn't get through. She recalled that I was working on the GENDA project with Sarah
so slre called me and we brainstornred ideas. Neither of us wanted to see the HRO receive
criticism forwhatwas clearly an unintended mistal<e in the language of the press release.
4. Marcia and I agreed thatshe would continue to tryto callthe llRO office and lwould
quickly send an emailto Sarah, with the hope that one of us would get through before the
press release went out, Below is the message I sent that precipitated l(aren's anger.
5, Fortunately for the HRO office, Marcia was able to get through to them before the press
release went out and was able to explain why certain language was problematic and needed
changing to assure accuracy and prevent any repercussions to l(aren and the HRO office
from Legislators.
6. Although I have not had the opportunity to discuss thís series of events with l(aren and
explain to her my motive in sendingthe message lwantto assure members of Executive
Committee that my only goal in doing so was to assist Marcia in protecting the good
reputation of Karen and the HRO office and to prevent a mistal<e that would have made
them lool< bad to the Legislature. lt is still shoclcing to me that my motive in sending the
message could have been so misconstrued and that l(aren does not even want to hear why
sent it.
7. Please see the message below. Apparently it has been interpreted as an attempt by me to
undermine l(aren's authority, a perception that could have easily been refuted and cleared
up, I thinl<, if we had ever had the chance to talk about the fact that I was assisting Marcia in
tryingto protect Karen's reputation, not hurtherin anyway, when lsentthe message.
I

Pat

From: Pat Pryor Imailto:plp3@twcny.rr.coml
I Sent: Wednesday, March LI,2Ot5 2:13 PM
i To: 'Sarah Simmons'
Subject: press release
Hi Sarah,

Marcia Lynch called me about the press release. Please do not send it until we can communicate. There are
some things that will need to be changed.
ljust tried to call you, but the office line Ìs busy.
Thanl<s,

Pat

. Pat Pryor

'

750 Scofield Rd,

' Freeville, NY L3068
' 607-319-0507
plp3@twcnv.rr,cam

Ms. Talyse LaDora Hampton
c: 607-201-8183
e: talvsel adora@o¡nail.com

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I of4

Joe Mareane - Fwd: Re: press release

From:

Karen Baer

To:

Joe Mareane

Date:

4/27 /2075 2:10 PM

Subject:

Fwd: Re: press release

Since yesterday, I have bowed out of this dialog due to my own mental acuity limitations. I believe the HRC will
come to some kind of resolution for how to go fonrvard, but that resolution will have to be worked out amongst
themselves, I don't feel comfoftable either managing or manipulating it. So, I will not be attending their Board

meeting tonight. HRC people are really very thoughtful folks, so I'm trying to remain hopeful.
Sorry for the complications,

l(aren

l(aren W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther l(ing, Jr./W. State st.
Ithaca, New York 14850

f el:607.277.4080
Fax'.6Q7

.277.4L06

Email : kbaer@tompkins-co.org

>>> Joe Mareane 4/27/2AI5 L:56 PM >>>
Karen,
These emailvolleys really need to end,
The situation won't be helped by the questioning of Pat's mental acuity in an email tlrat could end up anywhere

I'm tied up all day today getting ready for tonight's budget retreat, but we shot-rld try to talk tomorrow.
Joe
>>

> Karen Eaer

4/27

/2015 L0:L5 AM

>>>

FYI. Resporrses of E-Board to Pat's email.

l(aren W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther l(ing, Jr:/W. State St.
Ithaca, New Yorl( 14850
Iel:607 .217.4080
Fax: 607 .277 ,41Q6
Email : kbaer@tom pkins-co,org

fiIe:/llC:lUsers/JMAREANE/AppData/LocallTemp/XPgrywise/S53E436DcountyDOcoun...

Ill22l20l5

 Exhibit 30

Pnge

I of3

Joe Mareane - Fwd: Re: press release
i I l¡inr¡r.

From:

l(aren Baer

To:

Joe Mareane

Date:

4/27/201"5 L0:15 AM

Subject:

Fwd: Re: press release

j:; nrn, ¡r.r1:a1.!

¡

r

'1

t!' rai¡

:¡.

-

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,.r.;.r: ri ¡r Irr-t:¡.;:a¡

.r:::,

FYI. Responses of E-Board to Pat's email

l(aren W. Baer, Director
Tompkins County Office of Human Rights
L20 Martin Luther l(ing, Jr./W. State St.
Ithaca, New Yorl< 14850
Ieli 607.277.4080
taç 607.277.4tA6
Email: kbaer@tompkins-co.org

>>> Talyse Hamptorr <talyseladora@gmail.com> 4/27/2015 L0:04AM >>>
Good morning everyone,
Today, after receiving the final word about our agenda,
created on Saturday, April 25 along with the agenda.

I

planned to send out the communicatíon resolution we

At this poinÇ however, I am very wary and even more confused as to how to proceed. Pat, the emails you have
sent over the past few days have heightened my concern for your sincerity in wanting lo move forward. I am
additionally concerned that your forgetfulness is creating confusion for Cornmissioners. At our last Commission
meeting the enlire Commission decided that we would not invite guest speakers until after our retreat, Your
email to Isabelle caused her confusion; it makes us all seem like we don't know what we are doing,
Jamila - there will be no need for someone to take minutes - I will be at today's meeting (although I may be a
líttle fale). I am not at all pleased with what's transpired over this weekend, Pat. I thought we were moving
forward together and your communications have, in many ways, proved otherwise,

I

would very much like for us, as an Eboard, to talk about how we'll be proceeding, although that's what I
thought Saturday's meeting was about, Pat, this is tiresome; i would like to know if you are really commiited to
us doíng good work together.

Thank you,
Talyse

On Mon, Apr

27

,2015 at 8:49 AM, Jamila Walida Simon < jWSli2@cornell.edr-¡> wrote:

Pat,

The fact that you woulcl make the time to send. an email like this is disconcerting. lVe

ñIe:lllC:lUsers/JMAREANE/AppDatalLocallTempD{Pgrpwise/S53E0C3CcountyDOcon.,.

1112212015

 Exhibit 31

PATRICIA
Frorn:
Sent:

Dave McNamara <dmmcnamaral2@yahoo'com>
Tuesday, APril 28, 2015 3:31 PM

lo:

PATRICIA

Subject:

Re: meeting

Pat,

From: PATRICIA <plp3@twcny'rr'com>To: Dave McNamaia <dmmcnam ara12@yahoo'com>
Sent: Mon¿aY, APril 27,2015 7:59 PM
Subject: meeting

Dave,

your comments
to the meeting discus-sion, particularly
Thank you very much for your contributions
we find a time for coffee again?
about the "communications protocol'. shall

Pat;
-----..-:^^r:^-^ ^.^{a¡al
Inbrief,lhavefourmajorproblems.withthecommunicatlon9.pr9t9cl,L.
by the lne lr¡il commission and the Legislature'
1. rt is not ar¡gned with the byraws tüü*;pproved
hou* of work that the byraws comm¡ttee spent on the
2. The protocor sabotages/ignores th" il.y
of
are tikety to reduce.the errectiveness and timeliness
that
chairperson
**
ä:î"ri:::SÏilåif$i
to operate
Ûrósã restraints, wnicn are contrary to the freedom

commission activities. Moreover,
it look
Director, i¡rt. the barancå ¡n a manner that makes
without any checks and barances on the HR
office of Human Rights. Beyond this particular
rike the HRC chairó;õ; ieports to the
strong chairpeópre who are bestowed trust and
circumstances, good working nooies'iãquire
Hdc is a'show piece that lacks a voice that is
ratitude. lt reinforces the cynical nei"itü"t tne
the idea
Legisrature. Ãno, yoü kno* r have no probrem with
recognized by the pubric, the office ãr the
Jbody, but r do haue a probrem with charade and
that Tompkins county might not neãá ,u.r"r
protocol smells of coercion.
öiãi"n."...and, of ,oúrr"]tnat
to an event' At worst' this is an
4. At best, this ¡" ãñ Ëtrott to diaft protocol in response
ambush. Regardless, I find it unacceptable'
protocor as an act of
you are a big girr, and you can handre ail this: but the truth is r perceive the
you would think ihat a perceived wrong doing by a
disrespect to tne entiie comm¡ssion. As well,
manner. The process and the tone ( shrouded in
member wourd be handred in a more resorative
power rather than an attempt to balance the rights of the
euphemisms) smacks of a demonstration of
individual with the good of the many"
in, at least,
attached to this group, and wourd like to hang
Regardress, r do rearize that r have become
as you can see i am'losing the will to be diplomatic'
to see what the workshop brings. However,
dave
to share my thought with whomever you like.
since I feel strongly about this action, feel free

1

 Exhibit 32

',
/lo.*oL !'n o( 'Ít"ftt -þn't'L:
PATRICIA
From:
Sent:

Dave McNamara <dmmcnamaraL2@yahoo'com>
Monday, August L7, 2015 7 :26 PM

lo:

Pat Pryor

Subject:

Fw: Resignation from TC Human Rights Commission

FYI dave

----- Forwarded Message

.---

From: Dan Klein <danbydan@hotmail.com>
To: Dave McNamara .dmmcnam ara12@y ahoo. com> ; M ichael
Sent: Thursday, August 13, 2015 10:09 AM
Subject: RE: Resignation from TC Human Rights Commission

Lan

e

<m lane@tompkins-co. org>

Hi Dave,
Thanks for sharing your story. t will not do anything with this information, as you requested. lf at
-Dan
some point you do want me to get involved in some way, just say

so.

Date: Thu; 13 Aug 2015 00:44:53 +0000
From: dmmcnam ara1â@Yahoo. com
To: d anbydan@hotmail. com ; mlane@tompkins-co' org
Subject: Re: Resignation from TC Human Rights Commission
Dan,

Since I take an appointed responsibility very seriously, I am also very sorry that i could not find a way to move the
going to
Commission in a positive direction. Quite simply, I can perceive no way fonrvard. Continuing was only
press.
result in an escalated confrontation that would be misconstrued by the
The conflict involves the Director's attack on Pat Pryor and the engagement of some members in an unauthorized
protocol that
kangaroo court, an executive session set up as an ambush and the creation of a communications
violãtes the bylaws. There is also a long period of passive resistant behavior directed at the Chair that is followed
by the accusãtion that she wasn't doing anything. I have participated and chaired many county and school
committees over the past forty years, ãnd I can not recall observing an individual being subjected to such unfair
behavior.
Nevertheless, the conflict is not the root cause of the real issue which is the lack of purpose for the Commission and
the Office. There is litfle evidence, that other than as a symbolic gesture, that Tompkins County needs of wants an
Office or a Commission. This gets complex, but major human rights issues were noU are not going through this
checkpoint. Probably for at least four reasons.
1.The Office and the commission lacks credibility and visibility.
groüps ignored
2. The Office/ commission is perceived as an unnecessary layer of bureaucracy e.g. Down town
the
domestic
on
group
Legislature
to
the
went
directly
Law
school
Cornell
the Department of Justice worí<, the
so
on.
and
by
many
not
embraced
was
format
MLK
violenie initiative, the change in the
3. Other than pat pryor anã Leon Lawrence Commissioners have little connection to non profits in the Community
players
working on social ¡us-tice issue... actually a viable alternative might be a Coalition of representatives of major
tone
of
and
tenor
upset
by
the
was
very
I
example,
issues.
For
rather i'han peopË like rne getting in the middle of
on
the
Commission.
was
I
out
because
speak
the meeting's aóout Unity Hãuse, Out did not feel that I could
4. The maior part of therift is about the Director's desire to control the Commission. Serious people want to do
processes.
serious things, not be cheerleaders in a process that lacks vision, tangible outcomes and collaborative
1

 I have shared some of these thoughts with both Mike Lane and Jim Dennis. While I believe the Office/ Commission
must be subjected to much greater accountability, be expected to follow the bylaws and establish a clear firewall
'between theOffice and The Commission, I would not recommend that the Legislature take up the larger issue now

as it is too volatile.
My immediate plan is not speak to the press, except by repeating what is in my resignation letter. However if the
Dúector or her lackeys make an attack on Pat Pryor, I have preserved a fairly accurate record of what has
transpired here and ihen would come forward. Significant is the number of times that the Director and the Vice
Chaiiperson ignored Pat's effort to seek reconciliation. As well, I will look for another area to be of service.
I appreciate all you do to represent our area on the Legislature. While you can speak to Jim or Mike, I am not
comiortable witñ these words getting in the hands of other legislators. While there is a strong case to be made for

keeping quiet in these situatioñs, I feel that I do owe you an explanation

I am proud to live in a county where lawmakers work hard to create a fair, just and caring environment. I realize that
this situation is not typical añd should not be perceived as any trend. ln the interest of transparency I am copying to
Mike.

Allthe best, dave

From: Dan Klein <danbydan@hotmail.com>

To: "dmmcn amaral2@yahoo.com" <dmmcnam ara12@yahoo'com>
Sent: Wednesday, August 12, 2015 9:25 AM
Subject: RE: Resignation from TC Human Rights Commission

Hi Dave,
l'm sorry that the situation got to a po¡nt where you felt like you had to step aside. I have heard a
bit about the conflict going on, but I can't say I really understand what the fundamental issues are. lf
you feel like you wouid like to tell me anything about the issues or story from your point of view, I
would be interested in hearing that. lf you would prefer to forget the whole thing and just move on, I
-Dan Klein
would totally understand

that.

> Date: Tue, 11 Aug 201513:51:02 -0400
> From : dklein@tompkins-co.org
> To: danbydan@hotmail.com
> Subject: Fwd: FW: Resignation from TC Human Rights Commission
> Forwarded message from Tompkins County

> Cathy Covert, Clerk
> Tompkins County Legislature

> Cathy,

2

 Exhibit 33

Pagc

I ot'I

Joe Mal'eane - Strafcgy

From:
To:

Jamila Walicla Siuron cj ws62@cornell.edu>

D¿rfc:

41281201510:15 PN4
Strategy

Subject:

I(alen Baer'<lcbaer'@tompkins-co.o1'g>, Amos Malone (amostnaione@yahoo.com>,

Kalen et al,
We may neect to meet because Pat poses a majol chailenge. She is starting to infect onr
commission and this evening co-opted our Marketing meeting to ciiscuss the fact that she
u¡ants to rneet with you.

Dave rvas animated again and expressed his dismay at the communication protocol. I steeled
the conversation in a new direction ancl once again both Dave and. Pat continuecl to violate the
cornrnunication protocol.
Pat shalecl that she wanted to meet with you l(aren ancl never had the chance to speak with
you nor the Executive Board (yes, she named. the Eboarcl). In an effort to le-direct the
conversation yet again Rolr ancl Amy askecl some aclditional questions.

At this point it appears to me that perhaps Pat spoke with Dave because he seems to be vely
angly. He seems to be especially angered by interactions with the office.
Last, at this point I feel like we have wasted a lot of time and energy but r¡¡e neecl a strategy
because Pat needs to be relinquished flom her c{uties as chair. I know this has lepercussions
but there is no way arounct it.

Aclditional thoughts?

Janlila Walida Simon, M.S.
Bron len bren ner Center for Translational Research
Nerv Yoll< State 4-H Office
NYS 4-H Citizenship and Civic Engagement Specialist
Extension Associate
Colnell University, 202 Beebe Hall, Ithaca, NY 14853
607 -255-0287

tlIe:lllC:lUsers/JIvIAREANE/AppD atalLocaUTemplXPgrpwise/55407874countyDOcount... 1112212015

 From:
To:
Date:

Subject:
Attachments

Karen Baer
mareane@tompkins-co. org
412912A15 6:21 AM
Fwd: Strategy
Straiegy
J

Joe
I really don't have the time for this nonesense and neither do you
Karen

 Exhibit 34

Page

Joe lV[are¿rne

21,2015)

I ol'2

- 'rPoteutial Actionsil\ext Steps" rvith chauges receivetl by tlendline (12 ¡lrn, Thursdrrl,, Mny

From:

"Leon Lalre nce"

To:

<amy@fliconline,org>, "Josephine Carcich" <jocarcich@yahoo.com>, <tal1,ss...

Drte:

512112015 2:56

Sub.iect

"Potential ActionsA{ext Steps" r,vith changes receivecl by deaclline (12 pm, Thursdal,,lvlay 21,
2015)
Potential Actions-Next Steps.clocx

Attachments:

<1123

6@cornell. edu>

PM

FYl, attached and below are the
Potential Actions/Next Steps that
incorporates the change that I

received by today's deadline
(L2 pm, Thursday, May 2L,2015).
Best wishes for the Commission

successfully resolving all issues
and moving forwardl
Leon

Potential Acti ons/Next Steps

1.) lf Pat continues as chairperson, Jamila will step down.
2.) Create agreement document to rebuild communications and trust.
3.) Give serious examination of the Human Rights commission's (HRc) mission.

4.) Make clear the

HRC reports

to the Tompkins County Legislature, not to the Office of Human Rights.

5.) Determine how the HRC should move forward, especially since it sounded like some commissioners are
asking Pat to step down,
6.) The next time in a little heat with someone, email the commíssioners about such a situation in a timely

manner.
7.) When Pat tall<s with Peter Stein or anyone else about the HRC's business, she needs to keep personal and
professional areas separate as appropriate, as well as to inform the commissioners ín a timely manner so

they are aware of it and do not hear it later from external sources.
8.) Before emailing the commissíoners, use discretion. Base communication is the problem. Ensure all
commissioners are privy to all ernails, not just a selected few commissioners, such as only the members of the
executíve board. Mal<e phone calls, instead of using emails.
9.) Chairperson meets with person involved ín this conflict and have third party present to try to worl( it out
or facilitate meeting.

fiIe:lllC:Nsers/JMAREANE/AppDatalLocalll'ernp/XPGlpWise/55A3D00BcountyDOco,,.

11l22l}0l5

 Page2

ot}

L0.) Apologize and keep moving forward with the work to be done by the Commission and without being
stressed. Enjoy it and have fun while serving in the voluntary capacity as a commissioner for the greater good
of the people in Tompl<ins County,
11.) Since there are very serious allegations made that are not supported by tangible evidence, a request
should be made to the County Attorney to conduct a thorough investigation of this matter. An ínvestigation
would include:
- Violations of the HRC bylaws
- Potential violations of the open meetíng law

- TheroleoftheHRDirectorinthedevelopmentof

anunauthorized"communicatíonsprotocol."

- And most importantly, the existence of slanderous statements that smear the reputation of a faithful, long-

time public servant of Tompkins County.
##

file:l/lC:lUsers/JMAITEANE/AppDatalLocallTempD(PGrpV/ise/55A3D00BcountyDOco... lIl22l20l5

 Pot ential Actions/Next Steps

L.) lf Pat continues as chairperson, Jamila will step down.
2.) Create agreement document to rebuild communications and trust.
3.) Give serious examination of the Human Ríghts Commission's (HRC) mission.

4.) Make clear the HRC reports to the Tompkins County Legislature, not to the
Office of Human Rights.
5.) Determine how the HRC should move forward, especially since it sounded
lil<e some commissioners are asking Pat to step down.

little heat with someone, email the commissioners about
such a situation in a timely manner.
6.) The next time in a

7.) When Pat talks with Peter Stein or anyone else about the HRC's business, she
needs to keep personal and professional areas separate as appropriate, as well
as to inform the commissioners in a timely manner so they are aware of it and
do not hear it later from external sources.
B.) Before emailíng the commissioners, use discretion. Base communication is
the problem. Ensure all commissioners are privy to all emails, not just a

selected few commissioners, such as only the members of the executive board.
Mal<e phone calls, instead of using emails.
9.) Chairperson meets with person involved in this conflict and have third party
present to try to work it out or facilitate meeting
10.) Apologize and keep moving forward with the work to be done by the
Commission and without being stressed. Enjoy it and have fun while serving in
the voluntary capacity as a commissioner for the greater good of the people in
Tompkins County.
(Continued)

 11.) Since there are very serious allegations made that are not supported by

tangible evidence, a request should be made to the County Attorney to conduct
a thorough investigation of this matter. An investigation would include:
Violations of the HRC bylaws
- Potential víolations of the open meeting law
- The role of the HR Director in the development of an unauthorized
" communications protocol. "
- And most importantly, the existence of slanderous statements that smear the
reputation of a faithful, long-time public servant of Tompkins County.
-

#

 Exhibit 35

Page 1 of

I

Joe Mareane - Some Observations
From:
To:
Date:
Subject:
CC:

Karen Baer
Joe Mareane
512412015 5:40 PM
Some Observations
Jonathan Wood

Some delicate observations:
You should probably be aware that the PP situation divides the board by race. Leon and 6 of the 10 members that
seem to want PP to step down are persons of color. PP and her ally are white, and the other two white members are
apparently "don't knows," lt's unclear how this has come about, since the underlying conflict doesn't appear to be
race-based on its face. But there has been a certain uncomfortableness among the larger group since PP has
characterized every black female member as being "aggressive" or "intimidating" when they have disagreed wiih
her, (l guess that goes for me, too.) ln addition, PP has brought up the CLOC issue repeatedly with the EBoard and
the larger board. And when she does, she characterizes CLOC's voice as being representative of the entire
community of color, perhaps not realizing that no HRC member of color thinks that CLOC represents them at all OR
that not all people of color think alike, I know this has caused some resentment.
Leon, of course, is a most interesting figure here. I was informed that when PP approached him to facilitate the HRC
meeting, she took every opportunity to tell him "her story about me" prior to the meeting, And up to that point, Leon
was absolutely clueless about what had been going on at the HRC, lt must have been a very rude awakening for
him to be at that meeting. And as Amos shared with me when he came to my office wanting to quit, "Karen, ii's just
no fun anymore."

ln reality, it's true that PP has caused HRC plenty of non-racial anxiety, so I don't think the race issue is central. But
it is a dynamic to be reckoned with; because I'm afraid that saving PP may mean losing most of the HRC's diversity.
For this reason, I believe the larger group wants to meet with someone who can convince PP to voluntarily step
down, so she doesn't have to endure this to a more bitter conclusion.
I can't say I know how this will end, except that I will probably be blamed for most of it, l'm pretty sure I can take
though. For me, it's the lost time and lack of human rights focus and effort that blows my mind.

it,

Best, Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther l(ing, Jr./W, State St,
Ithaca, New York 14850
'lel: 607,277.4O80

taxi 607.277.4106
Email: kbaer@tompl<ins-co.org

file:lllC:Nsers/JMAREANE/AppD ata/LocaVTernplXPgrpwisel55620DlScountyDOcour...

Ill22l}0l5

 Exhibit 36

We are rvriting to you an -Bxecntive Summary regarcling the curreut state of the Tornpkins Cotrnly
Hnman fughts Comrnission (Conr-rnission) in an effort to f,incl a resohttion to solne of tire challerrges

we've encounteLecl. It's our hope to scheclttle

a meeting r,vitl'r

you concerniug this tnatter,

as

yon have

been a champior-r of hurnan rights ancl the Comnission since its inception. Yonr great worlc in the

comnunify alcl rvith the Corunission, nor,v ancl in the past, malce us believe you can help provicie
support ancl insight.

In January 2015, the Comnission elected Patricia Pryor to serîe

as its Chair.

As a tãngstancling civil

servant of the Tompkins County, alt1o1lg many other accolacles, Pat was electe,cl by Commissiônels

rvith the hope that her leputation and political experience lvoulcl help,,stteuLgtheri,theielãtionsllip
betlveen the conlnunity and the Commission. Insteacl, what has tr:aurq:ired has ci:qatecl clivision

Rights
clivision for

of Talyse Harnpton, Secretary;

Orrel the past few months the Executive
Arnos Malone, Treasurer; and Jarnila

-

mitigate the clamage resulting

vision for Tomplcins County. Based on this
conclusion that Ms, Pryor is not able or r,villing to fairly

regretflill

or the Office.

replesent the interests
'i

leacielship style and her inability to

s

recognize the Conlnission's
str Lrggie, rve

has stnrgglecl over how to

li'

ii.

This srunmary;.clrafted by tlie Executive Comrnittee chronicles Ms. Pryor's concitict

ancl horv

it has

bee¡ ha¡nrflri to the ColuuiSÈion and the good will we have beeri ciiligently been trying to le-establish
in the comnunity, Lr an effort to remedy the damage that has been clone
our hurnan rights agenda, we

voice

a vote

OuL Leasons

-

the Executive Boarcl

of 'No Conficlence' in Ms. Pryor

-

forlalcl lvith

lvoulcl lilce to shale witir you our intention to

as ottr curLent Chair.

fol a vote of No Conf,rdence inclucle:

ancl to move

 " Ms, Pryor has voicecl her doubts regarciing the neecl for the HRC given ihe large number

of

olganizations curuently existing in Tornplcins County that ah'eacty serve plotectecl groups.

. We have become increasingly

a\Mare that

Ms. Pryor misuses her fonlel political and norv personal

relationships in orcler to ftirther her personal agencla. Ms. Pryor does not, as a trrle, use these formel
comrections in a way that tends to benefit ol represent the interests of the Conlnission, the Office, or
the comnunity at large.
:

.

IVfs. Pryor has and continues

to make executive-level clecisions without conÈfrltiirg.the Exectttive
ieþresentative

Comnittee ol the Conlnission at large. Then, she asserts to othet's thathe¡
of our collective rroices

ancl

expedences.

. Several rnonths ago Ms. Ptyor began

a strategy

.,
of

menr.bels about the

rvork of the Corunission, while purposely separatiq,g'the
This strategy is

'

lVIs. Pryor

interests,

a

reflection of hel

or,vn personal

example, she unilate¡:álly

May 2015 meeting mir.utes
acldition, she macle a
scheclule solely to

indiviclual
proposecl by a single C

tative of the Commission.

protocols ilr ordel to serve heL

uiilatelally makes

-F'or

the work of tlie Office

or.r,u

of Secretary by clrafting ancl clistril¡uting the
to reflect her orvn personal views ancl agencla. In
decision to amend the Cornmission's monthly meeting
tor' Peter Stein's vacation scheclule, r,vithout regarcl to
The recomrnenclation to tneet lvith Legislatot' Stein was

in an email, but was approved by Ms. Pryor rvithout any

additionaL ürput,

" The Executive noÀid ancl the Comrnission at large supports the worlc of the Office. Prior to Ms.

Pryor's becoming Chair', there

r,vere no negative aspects regarcling the r,vor:lcing relationship bstlveen

the Commission ancl the Office. The Comnission has been both suppoltecl by and supportive of the

Director and the Office. Ms. Pryol has on rnany occasions voiced her oppositiot to tlús vielv ancl has
perpetuatecl an atmosphere of distnrst between the Comrnission and the Office,

 '

Becatlse of Ms, Ptyor's conduct, there has developecl a cliscouragingly long list of community

eveltts that the Conlnission has not participatecl in or: supportecl. In aclclition, at every Cornmissionrelatecl tneeting, Ms, Pryor has asseltecl her personal agenda, which has a discouraging

ar"rcl

clistracting

impact on Comrnissioners and oul vision for rnoving forwald. Many months ago, the Comrnission's
goal

r,vas

to reestablish its anlual Human Rights Awalds Dinner;to ftilly participate in the 2015

Ithaca Festival parade; ancl to holcl a Gender Expression Non-Discrimination Act (GENDA)-focusecl
pless conference. Ever since Ms, Pryor became Chair, however, Corunission orlü'each efforts have
been put on holcl, with our nonnal busiless remaining at a stancl still.
l"

:
'

:.

'

. There ale blnrred lines ancl confiicting witness

to Ms. Pryor recourfing

rvhat has tlanspired at meetings and how she

to others, especially rvhen

engaging r,vith her personal colleagues.

reprirnanclecl by her political allies.

'We

r.vant to malce

it vely clear, the Executive Board

d.oes

not perceive there to be any problem

bettveen the Off,rce of Human Rights ancl the Human Rights Commission. Rather, it is our vier,v that
lvls. Pryor's actions are the sole source of conflíct and negativity that is irnpeclíng otrr. progress toward
aclch'essing human rights challenges that Tornpkins Courty resiclents face.

 Our goal is for the Cormrission to continue to exist and flinction. We ccttainly recognize that this
action is pt'ovocative. But

r,ve

also believe our inaction

will

leacl to the demise of the Commission.

There has ah'eady been far too much tirne ancl energy invested on this sihration.

Thelefore, rve would vety rnuch lilce to request a meeting witir you in orclel to discuss this very urgent
matter. We can be available as early as this Friday, July 10, 2015 at9:00 a.m,. For your corlr,enience,
rve

will be glad to come to yoru office at GIAC. If you cannot meet

as recluested, please

some times that you are available. Thanlc you fol your tirne with this rnatter

Executive

H

Co

(
Jarnila Wa lida Sirnon, Vice Chair,

607

r:

I

607

.339.72!2,

!:.

rt:..
t.

.262.6818, iws62@cor.ryI,edu",,.,

Talyse LaDola Hampton, Secretary, 607 .201.8183,
Anros Malone, Treaiule

''i

,'.-i+.
'

..:..

l.coln

,t,.,

infonn us of

 Exhibit 37

Page

I of2

Joe i\{areane - Commission meeting

From: "PATRICIA" <plp3@t'wcny.ü,corn>
To: <jmaleane@tomplcins-co.org>
Date: 7lL3/2015 9:13 PM
Subject: Commission meeting
Joe,

The HRC meetingtoday was generally positive, but ended with an informal conversation that I found

quite frustrating.
There were only three Commissioners present, Jo Carcich, Talyse LaDora Hampton, our Secretary, and
myself. Peter Stein also attended.
I used the "announcements" item at the beginning of the agenda to malce the statement you
suggested. NeitherJo norTalyse responded until late in the meeting when Talyse spoke in support of
what l'd said and indicated that she, too, wanted to move forward. The meeting lasted about an hour

Peter did a very nice job of describing his role as Chair of HHS, indicating that he frequently discusses
organizationalbusinesswith Chairs of the groupsthat reportto his committee and often hears about
both the positives and the challenges faced by the various groups. He described his table in the Dewitt
Café as his "office", in a joking manner, explaining that he often tall<s business over lunch. lthink it
helped to allay the concern over my meet¡ng with him and I want to mal<e sure that his comments are
included in the minutes of the meeting.
Among other business, we discussed options for scheduling the retreat, which the Commission
previously agreed to try to hold early in September. There are logistical concerns with the planning
since so few people attended today and we don't know if there will be a quorum at August's meeting.

After the meeting I was talking informally with Talyse and Jo about finding a date for the retreat and I
suggested that we send out a poll, Talyse said we can't send out a poll because we haven't voted to do
so. ln her opinion it would be wrong of me to send out a poll as Chair without prior agreement by
Commissioners to do a poll. This is an example of the kind of frustration l'm up against. I don't want to
further alienate Talyse so l'm considering sending out an email asking people to vote by email on
whether we should send out a poll to find a date for the retreat. I feel like l'm twisting myself into a
pretzelto avoid antagonizing anyone, yet.l'm blamed because "nothing is happening". Should a Chair
have to have permission from the group before sending out a poll to find the best date for a meeting?
Second example: During "old business" I brought up the dinner/banquet event that had been worl<ed
on under Jamila's leadership, but, at her request, had been "put on hold". Both Jo and I agreed that it
would be good to go ahead with the planning for the dinner and that we should talk with Jamila about
scheduling a meeting of her committee. Talyse immediately objected, saying that we shouldn't be
planning a dinner or any other event until after the retreat. Our anticipated date for the dinner was
sometime in October. Clearly, we won't be able to pull it together by then and, given the holidays,
probably not until after the first of the year. But, it will look again lil<e, under my leadership, nothing is

fJJe:lllC:Nsers/JMAREANE/AppData/LocallTemplXPGrpWise/S5A42A0FcountyDOco,,.

lll22lh0l5

 Page2 of 2

happening
I don't know what to think at this point. My sense is still that Jamila and Talyse are determined

to get
rid of me and that they have been influenced by whatever they've been told about me. At one
Executive Committee meeting about a month ago Dave asked why no one will tell me why they want
me to leave. Talyse rolled hereyes and suggested that he go and talk with Karen. lt's easyforthem to
say that they (l(aren, Talyse, and Jamila)want to move forward and not discuss the past, but clearly the
harm that l(aren has done continues to be the elephant in the room.
Thanks again for your time and support,
Pat
Pot Pryor
750 Scofield Rd.
Freevìlle, NY 13068
607-31"9-A507

plp3@twcnv,rr.com

fíe:lllC:Nsers/JMAREANE/AppDatalLocallTemp/XPGrpWise/S5A42A0FcountyDOco... IIIZZ/2015

 Exhibit 38

Page

Joe Mareane - Human

From:
To:

i

o1'1

llights Commission

"PATzuCIA" <plp3 @twcny.r, corn>

<mlane@tompkins-co, org>

Date:

817/2015 3:33 PM

Subject:
CC:

Human Rights Commission
"Peter Stein" <pc s 1 (@comell. edu),

<j mareane(@tompkins-c0,

org>

To: Mike Lane, Chair, Tomplcins County Legislature
From: Pat Pryor, Chair, Tompl<ins County Human Rights Commission
Re: TC Human Rights Commission membership
Date: 8.7.2015

I hereby resign as a member of the Tompkins County Human Rights Commission, effective
immediately,

Pat Pryor
L50 Scofield Rd,
Freeville, NY 13068

607-i19-0s07

¡

PlP3@twcnv.rr.com

cc Peter Stein, Chair, Health and Human Services committee; Joe Mareane, County Administrator

f ::lllC:Nsers/JMAREANE/AppDatalLocallTemp/XPglprvise/S5C9C74DcountyDOcon...

1112212015

 Pagc

Joc Malenne - Resignation

I of

from T'C [Iuman Rights Commission

'¡'¡,;n'i,]l*,'{,:i\].+:ìt¡f,:!r']]9¡'-*!riÍrr{:t*i4iii5.¡:::¡F+*cl@ffi!ÞiÈËfæÉ'*ë'.æl4*#4i'¿]t#]*.4 *a¡i+.!i.i1: .1:¡.'!¡::jl*!]

From:
To:
Date:
Subject:

Dave McNamara (dmm cnananl?@yahoo, com)
Michael Lane <mlane@tomphins-co.org>, Joe Mareane <jmareane@tompkins-co.,.,
Bl7/2015 5:36 PM
Resignation fi'orn TC Human Rights Conlnission

To: Mike Lane
From : Dave McNamara
Re: Resignation from TC Human niònts Commíssion
Date: August 7, 2015

While I had hoped to contribute to the extraordinary effort of many Legislators, county employees and
volunteers to add value to the citizens of Tompkins County, it has become evident that I can not effectively
suppotl that effort in my current role as a Tompkins County Human Rights Commissioner. Resigning from
an appointed commitment is an act that saddens mer so I apologize for not finding a way to make this work.
Consequently, I hereby resign as a member of the Tompkins County Human Rights Commission, effective
immediately

fiIelllC:Nsers/JMAREANE/AppD atalLocaVTempi)(Pglpv¡isei55C9C76AcountyDOcou...

lIl22l20l5

I

 Exhibit 39

From:
To:
Date:

Subject:

Joe Mareane
kbaer@tompkin s-co.
5119120157:44 AM
Re: HRC Update

o rg

;

Karen,
Thanks for the update, I agree that the email is not a good thing, I wish folks would dial this down. Peter
will certainly feelcompelled to react.
Joe

>>> Karen Baer 05/19/15 06:27 AM >>>

Joe

-

I learned yesterday that PP sent out a notice that she was convening a special meeting of the HRC.
wasn't copied on the email, so I am low on details.

I

All I know is that it takes place on Wednesday evening with Leon facilítating. Also, I got a call from a
Commissioner who is noi on the EBoard "asking" me to comment on her plan to send Peter Stein an
email about his role in this matter. When I advised her not to do so, she told me she'd already sent it.
Shit. I'm pretty sure that will be laid at my feet'
Best, Karen

Karen W Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr,Aff. State St.
Ithaca, New York 14850
Tel: 607.277.4080
Fax: 6O7.277.4106
Email: kbaer@tompkins-co.org

 Exhibit 40

t.'

*

¡ r.tr,4'il
¡ . " ^ ñr/çiF'çrI
üi e
^ .* - nri n C
ttwUlüú]r
I OfnBü{'ìi[i:i

-r-

¡it

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,3^Cl ¡-,'¡ ¡ ¡'l i St¡',ati O

¡i

CoUNTY ADMINISTRAToR

125 EastCourtStreet
Ithaca, NY 14850

Joe lVlareane
DEPUTY COUNTY ADMINISTRATOR

Phone: (607) 274'5551
Fax: (607) 274-5558

Paula E. F. Younger

,,promoting excelle¡tce in cozmty operatiotts tvhile respecting the needs of the people l'pe serve'"

DENNIS
]AMES
-EUPCNT,
CAPITAL, AND PERSONNEL COMMITTEE

TO:
CC:
FROM:
DATE:

MAREANE
JULY 20,20\5
MID-YEAR BUDGET PROJECTION

JOE

RE:

State showing that revenues
Last week, we receivecl the 2r,¿ qualter sales tax numbers fr'om the
below last year's level' The
were clown again in the 2',a quaiter. Mid-year collections arc2.86%
but basecl_on these bottom
cletails needed to do a more acculate plojéction ¿üe not yet available,
in our $32 million sales
line n'mbers, we expect to finish ¡etwem $600,000 ancl $900,000 short
tax revenue budget.

Unfortunately, this isn't the only challenge that has emerged this yeal'

office and DOER. overtime
over.time spencling is on track to exceed the budget in the sheriffs
with about half of the
costs in those departrnents ale projectecl to be ovãr-budget by $450,000,
overage attributable to the Jail.
trends continue, board out costs will exceed' the
JaiI6oard-out costs ar.e also high. If culrent
inclease in the
tuclget by slightly over g200,0õ0. ttr is the ploduct of a relatively smal1
not yet available (we
number of board outs plus the fact that the ,Jrrurl r,"* bed"s at the Jail are
had assumed nearly $OO,OOO in savings from those additional beds')

b¡clget' Based on
Finally, our.manclated PreK Special EcLucation spencLing is significantþ,ov9r
buclget'
today;s spenciing levels, the piogramwill finish $240,000 (local) above the
ãt'eas/ it appears we
v\Ihile there are surpluses expectecl in other major spending oI levefi.le
have a curr.ent year:problem ranging from $700,000 to $1 milLion.

In response, I will take the following actions:

j..

needs oI essential
Dir.ect all departments to restrict overtime to aclclress only emergency

functions;

Z.

hiring fr eezethat will be in place through the end of 2015, or until thir'cl
sales tax pelformance
quarter. sales tax fi"grrur, leceived in micl-Octobel, indicate that
the Sherifj's office
has impr.ovecl. Thã freezewill not apply to uniformecl positions in
glL Center.positions (which woulcl exacerbate the overtime problem);

¡nplement

a

Inclu

sio

n Thr ough D

iv er s itY

or'

 a. Vacancies

with the und.erstancling that at some point in
the promotional hierarchy, a position will remain vacant.

3.

can be fillecl internally,

Request that all clepartments generally constlain non-mandatecl spencling to help offset
a

potential shorffall.

4. The Finance Department

has been advised that an appropïiation from the County's
unassigned funcl balance may be requiled to balance the 2015 budget.

These numbers also affect the assumptions applied to develop the 2016 Budget goals ancl
talgets. I will likely reduce the estimate oÍ2016 sales tax revenue ancl increase PreK mandated

in light of where we are mid-year'. We may need to look at overtime assumptions, as
well. Although ifs still early in the proces$, it seems cle¿u that we will not have much latitucle
to address items beyond existing levels of service that we'd expectecL in April.
expenses

I am open to the Comrnittee's suggestions about lemedial actions beyoncL those referenced.
this memo, and will keep the Committee posted on our budget status.

ih

 Exhibit 41

Page 1

of

1

.[oe Miareane - MÍan<ing an Offer Stage

From:

Karen Baer

To:

Joe Mareane

Date:

B/2I/2015 3:56

Subject:

Making an Offer Stage

CC:

Amy Guererri; Carmen Arroyo; Sarah Simmons; Stephen Estes

PM

Joe,

just completed a week of interviews for the position of Paralegal Aide. After interviewing seven (7)
both
great caniidates, we have unanimously settled on a candidate that we believe will help us further enhance
an
Americorps
to
us
as
comes
he
and
Rusk
is
Xavier
áur level of diversity and professional capabilities. His name
paralegal at Legal Assistance of Western NY (lthaca). His interview was impressive as well as his references' We
him an offer. There
believe Xavier,s skill set is a perfect fit for our office, and we would like permission to make
filled.
not
readily
position
is
important
will be definite hardships in terms of oHR's workload if this
oHR

has

Please advise us in terms of how we might move forward in this process.

Best, Karen Baer, Carmen Arroyo, and Sarah Simmons

l(aren W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther l(ing, Jr./W' State St.
Ithaca, New York 14850

Tel:6O7.277.4080
Fax:6O7 .277.4106
Email :

kbaer@tomPkins-co.org

frl^.u/r'firccrc/TI\¡f aRtrANtr/Annl)atalT,ocal/TemnlXPGrn\Mise/55D74&49cotntvDOco... I1122120t5

 Exhibit 42

Frocn:
To:

Joe Mareane
Baer, Karen

cc:

Guererri, Amy

Date:

911312015

Subject:

Position

4:30 PM

Karen,
t will sign-otf on the filling of the position vacated by James Douglas on the following conditions:
Sarah (or her successor) be kept at a half-time for the balance of 2015;
The department's travel/training line will be frozen for the balance of the year;
The new employee will not go on the payroll until on or after October 1.
Please let me know if you agree to these items. Once I receive your sign-off, I will process the vacancy
form.

Thanks,
Joe

 Exhibit 43

Page

Joe M anearìe - Draft of TC [-oea[ Law

From:

Karen Baer

lo:

Joe Mareane

Date:

6/30/2oLs 1:21 PM

Subject:

Draft of TC Local Law

CC:

Attachments:

Dear folks

-l:.

-:-i

L -.,-::-

I of 1

.::.:::r.':

James Douglas; Jonathan Wood; Paula Younger
Local Law Cover.pdf;TC AntiDis Law DRAFT 6-30-15'pdf

-:

My To-Do List is shrinking.
Best, Karen

l(aren W. Baer, Director
Tompkins County office of Human Rights
1.20 Martin Luther King, Jr./W. State St'
Ithaca, New York 14850
Tel:6O7.277.408O

tax:607 .277 .4t06
Email: l<baer@tomPkins-co.orß

ñ1^.tuÕ.nToorc/Tl\rARtrANF,/AnnData/Local/TemplKPGrpWise/559Z97BDcottntyDOcou..' lIl22l20l5

 rovrprrrus

HHþHP.

couurv

fMffi

Offiee of Human Rigllts

rzo

MTRTTN LUTHER Ktrue, JR. /

W. STATE STREET

NewYonre4S5o
Tel: 6o7.z77.4o9o Fax: 6o7.277.4to6
lTHAcA,

INcLUSIoN THRoUGH DIVERSITY

MEMORANDUM

Date:

Joe Mareane, County Administrator
Karen Baer, Director of Human Rights
30 June 2015

Re:

Tompkins County Anti-Discrimination Law Draft

To:

From:

Last year at budget time, I informed you and the Legislature of OHR's plan to get a first re-draft of the
Tompkins County Anti-Discrimination Law to you by July 1, 2015. 5o it is with great pleasure that I share it with
you today, this last day ofJune.

For nearly two years now, OHR has been engaged in discussions with local stakeholders about how they would
like to see the current local law become more inclusive and meaningful. ln response, I have tried to draft a

lawthatreflectsthosevisions. Although,lconsidertheattacheddrafttostillberoughandtolikelyinclude
some undetected inconsistencies, l'm providing
having a more public discussion.

itto you now in orderto getsome initialfeedback before

My overarching objective has been for this local law to be substantially equivalent to state and
federal standards and to include identical protections. ln addition, the proposed draft is a result of viewing
variety of other municipal laws that have already been successful in establishing certification from federal
enforcement agencies - an opportunity we may want to pursue in the future.

a

When it comes to added protections specialto Tompkins County (those not covered by state orfederallaw),
OHR is proposing the following add-ons that we believe will be meaningful to the people of Tompkins County

-

added protection based on "Prior Conviction" screening measures. 'Ban the Box' is a
progressive movement that is starting to catch on nation-wide, and I believe Tompkins County is fertile ground

Employment

for supporting it.
Real Estate -.addedprotectionsbasedon"Sourceof lncome"and"DomesticViolenceVictimStatus." Data
gathered for OHR's Analysis of lmpediments to Fair Housing Choice study clearly indicates that the ability to
discriminate against Section I voucher holders has a significant and disparate impact on protected groups.
Furthermore, DVVS is already protected in employment at the state level and is a viable federal
housing protection (although HUD currently processes these claims under "Sex" discrimination).

All Jurisdictions (Real Estate/Employment/Public Accommodation/Volunteer Fire Depts.)- Gender ldentity
and Expression protection.
Proposed New Local Jurisdiction

-

added hostile school environment protection for students in public and

privateschools(i.e.,"Kearny"caseremedy). I'vewitnessedtheGovernorsaythatheintendstoeventually
amend the State human rights law to include this important protection,

 -the administrative enforcement process OHR is proposing for the adjudication of
local human rights complaints is a model recommended and certified by a number of federal enforcement
agencies when it comes to local enforcement mechanisms. lt will also be good to know that since OHR
does not currently operate under a cooperative agreement with any state or federal agency, there exists an
ability to enforce this new local law in a mannerthat gives measured control over caseloads, thereby
preventing us from having to make increases to the size of OHR staff.
The Complaint Process

OHR's longer term strategy is for the new law to be promulgated by the Legislature by the end of this year,
but delay its going into effect date untilJanuary 1,20\7. This will allow OHR an opportunity to engage in

some preparatory education and outreach strategies focused on the rights and responsibilities underthe
new law.
look forward to your feedback, including future discussions with the Legislature and the community-atlarge, about the positive impact this new law will have in our pursuit of the protection and promotion of
human rights in Tompkins County.
I

KWB/ca

Attached file: TC AntíDis Law DRAFT 6-30-L5
Cc: Jonathan Wood, County Attorney
Paula Younger, Deputy County Administrator

 Exhibit 44

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Anti-Discrimination Law
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 ##. Short Title.

Sec.

This Local Law shall be known as and may be cited as the "Tompkins County Anti-Discrimination Law."
Sec.

##. Statement of Policy.

(a)

Sec.

(a)

The Tompkins County Legislature hereby finds and declares that it has the responsibility to act to
assure that every individual within this County is afforded an equal opportunity to enjoy a full and
productive life and that the failure to provide such equal opportunity, whether because of
discrimination, prejudice, intolerance or inadequate education, training, housing or health care not
only threatens the rights and proper privileges of its inhabitants but menaces the institutions and
foundation of a free democratic society and threatens the peace, order, health, safety and general
welfare of the County and its inhabitants. The Tompkins County Office of Human Rights, a
department of this County, was created in 1963 to encourage programs designed to insure that every
individual shall have an equal opportunity to participate fully in the economic, cultural and
intellectual life of the county; to encourage and promote the development and execution by all
persons within the County of such County programs; to eliminate and prevent discrimination in
employment, in places of public accommodation, in educational institutions, in public services, in
housing accommodations, in commercial space, and in credit transactions and to take other actions
against discrimination as herein provided; and the Office of Human Rights has hereby been given
generaljurisdiction and power for such purposes.

##. Equality of Opportunity

a Civil Right.

The opportunity to obtain employment; ownership, use and occupancy of housing accommodations;
the use of places of public accommodation; and education without discrimination because of age,

creed, race, color, sex, sexual orientation, national origin, marital status, disability, military status,
arrest and conviction record, domestic violence victim status, gender identity/expression,
predisposing genetic disposition (employment only), source of income (real estate only), and familial
status (real estate only) is hereby recognized as and declared to be a civil and human right.

(b)

The prohibitions in this local law are substantially similar, but not necessarily identical, to prohibitions
in federal and state law. The intent is to assure that a complaint filed under this local may proceed
more promptly than is possible under either federal or state law. lt is not County policy, however, to
create a duplicative or cumulative process to those existing under similar or identical state or federal
laws. Once a complaint is fully adjudicated under a similar or identical state or federal law, the
complaint should not be reprocessed under this local law if the effect is duplicative or cumulative.

(c)

Remedies under this local law should include such relief authorized by law as may be appropriate and
reasonable to provide temporary or preliminary relief as well as to make the aggrieved person whole
and eliminate the discriminatory practice.

(d)

Nothing contained in this local law is intended to be nor shall be construed to create or form the basis
for any liability on the part of the County, or its officers, employees or agents, for any injury or
damage resulting from or by reason of any act or omission in connection with the implementation or
enforcement of this local law on the part of the County by its officers, employees, or agents.

(e)

This local law shall be liberally construed to preserve the public safety, health, and general welfare,
and to further the general purposes stated therein.

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 Sec. ##. Definitions.

(a)

Definitions as used in this local law, unless additional meaning clearly appears from the context, shall
have the meanings subscribed below:
(1) "Administrator" meansTompkins CountyAdministrator.
(2) "B;oatd" means the Tompkins County Fair Hearing Review Board.
(3) "Charging party" means the person aggrieved by a discriminatory practice, or the person
making a charge on another person's behalf, orthe Directorwhen the Directorfiles a charge.
(4) "Commercial space" means any space in a building, structure, or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied for the manufacture,
sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of
personal property; and any space which is used or occupied, or is intended, arranged or
designed to be used or occupied as a separate business or professional unit or office in any
building, structure or portion thereof.

(5) "Commission" means the Tompkins County Human Rights Commission.
(6) "Commissioner" means an individual appointed and confirmed to serve on the Commission.
(71 "Complainant" means the person (including the Director) who files a complaint under this
(8)
(g)

statute.
"Conciliation" means the attempted resolution of issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations involving the aggrieved person,
the respondent, and the Director.
"Conciliation agreement" means a written agreement setting forth the resolution of the issues
in conciliation,

(10)
(11)

(l2l

"Credit" when used in this local law means the right conferred upon a person by a creditor to
incur debt and defer its payment, whether or not any interest or finance charge is made for the
exercise of this right.
"Creditoy'' means any person or financial institution which does business in this state and
which extends credit or arranges for the extension of credit by others. The term creditor
includes, but is not limited to, banks and trust companies, private bankers, foreign banking
corporations and national banks, savings banks, licensed lenders, savings and loan associations,
credit unions, sales finance companies, insurance premium finance agencies, insurers, credit
card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations,
wholesale and retail merchants and factors.
"Director" means the Director of the Office of Human Rights and includes the Director's
designee.

(13)

(14)

"D¡sab¡lity" means (1) a physical, mental or medical impairment resulting from anatomical,
physiological, genetic or neurological conditions which prevents the exercise of a normal bodily
function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques
or (2) a record of such an impairment or (3) a condition regarded by others as such an
impairment, provided, however, that in all provisions of this local law dealing with
employment, the term shall be limited to disabilities which, upon the provision of reasonable
accommodations, do not prevent the complainant from performing in a reasonable manner the
activities involved in the job or occupation sought or held.
"Discriminate" means any conduct, whether by single act or as part of a practice, the effect of
which is to adversely affect or differentiate between or among individuals or groups of
individuals, because of age, creed, race, color, sex, sexual orientation, national origin, marital
status, disability, military status, arrest and conviction record, domestic violence victim status,
gender identity/expression, predisposing genetic disposition (employment only), source of
income (real estate only), and familial status (real estate only). The term shall also includes
segregation and separation.

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 (1s)
(16)

"Domestic violence victim" means an individual who is a victim of an act which would
constitute a family offense pursuant to Subdivision 1 of Section 8L2 of the Family Court Act.
"Domestic worker" shall have the meaning set forth in Section 2 of the New York State Labor
Law.

(r7l "Dwelling" means

(18)

(1e)

(20)
(21)

any building, facility or structure, or portion thereof, that is designed,
intended or arranged for occupancy as a home, residence or sleeping place of one or more
individuals. Dwelling includes that portion of a dwelling used for a home occupation. Dwelling
includes publicly-assisted housing accommodations.
"Employee" means any individual employed by an employer, either for compensation, or as an
intern, or as an apprentice. Employee includes an individual seeking or applying for
employment by an employer. Employee does not include any individual employed by his or her
parents, spouse or child, or in the domestic service of any person.
"Employer" means any person who employs four or more individuals in the County, either for
compensation, or as an intern, or as an apprentice. Employer includes a person who recruits an
individual in the County to apply for employment in the County or elsewhere.
"Employment agency" includes any person undertaking to procure employees or opportunities
to work.

"Familial status" means:

(A)

Any person who is pregnant or has a child or is in the process of securing legal custody of
any individual who has not attained the age of eighteen years, or
(B) One or more individuals (who have not attained the age of eighteen years) being
domiciled with:
(i) A parent or another person having legal custody of such individual or individuals, or
(ii) The designee of such parent.
(221 "Gender identity and expression" means having or being perceived as having a gender identity,
self-image, appearance, behavior or expression whether or not that gender identity, self-image,
appearance, behavior or expression is different from that traditionally associated with the sex
(23)

assigned to that person at birth.
"Genetic test" shall mean a test for determining the presence or absence of an inherited
genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and
mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic

characteristic.
{24l, "Hearing examiner" means an employee of the division who shall be assigned for stated
periods to no other work than the conduct of hearings under this local law;
(2s) "Housing accommodation" includes any building, structure, or portion thereof which is used or
occupied or is intended, arranged or designed to be used or occupied, as the home, residence
or sleeping place of one or more human beings, including publicly-assisted housing

accommodations.
(26)

"tntern" means

a person who performs work for an employer for the purpose of training under

the following circumstances:
(A) The employer is not committed to hire the person performing the work at the conclusion
of the training period;
(B) The employer and the person performing the work agree that the person performing the
work is not entitled to wages for the work performed; and
(C) The work performed:
(i) Provides or supplements training that may enhance the employability of the intern;
(ii) Provides experience for the benefit of the person performing the work;
(¡ii) Does not displace regular employees; and
(iv) ls performed under the close supervision of existing staff.

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 (271

(28)

(2e)

(30)
(31)

(32)
(33)

"Labor organization" includes any organization which exists and is constituted for the purpose,
in whole or in part, of collective bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or of other mutual aid or protection in connection with
employment.
"Marital Status" means the presence or absence of a marital relationship and includes the
statuses of married, separated, divorced, engaged, widowed, single, or cohabitating.
"Military status" means a person's participation in the military service of the United States or
the military service of the state, including but not limited to, the armed forces of the United
States, the army national guard, the air national guard, the New York naval militia, the New
York guard, and such additional forces as may be created by the federal or state government as
authorized by law.
"National origin" for the purposes of this local law shall include "ancestry."
"Parties to the proceeding" means the complainant, respondent, necessary parties and
persons permitted to intervene as parties in a proceeding with respect to a complaint filed
under this local law.
"Person" includes one or more individuals, partnerships, associations, corporations, legal
representatives, trustees, trustees in bankruptcy, or receivers.
"Place of public accommodation" shall include, except as hereinafter specified, all places
included in the meaning of such terms as: resorts, places of amusement, inns, taverns, road
houses, hotels, motels, whether conducted for the entertainment of transient guests or for the
accommodation of those seeking health, recreation or rest, or restaurants, or eating houses, or
any place where food is sold for consumption on the premises; buffets, saloons, bar rooms, or
any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors,
confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or
their derivatives, or where beverages of any kind are retailed for consumption on the premises;
wholesale and retail stores and establishments dealing with goods or services of any kind,
dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning
establishments, barber shops, beauty parlors, theatres, motion picture houses, airdromes, roof
gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer
camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard
and pool parlors; garages, all public conveyances operated on land or water or in the air, as well
as the stations and terminals thereof; travel or tour advisory services, agencies or bureaus;
public halls and public elevators of buildings and structures occupied by two or more tenants,
or by the owner and one or more tenants. Such term shall not include public libraries,
kindergartens, primary and secqndary schools, high schools, academies, colleges and
universities, extension courses, and all educational institutions underthe supervision of the
regents of the state of New York; any such public library, kindergarten, primary and secondary
school, academy, college, university, professional school, extension course or other education
facility, supported in whole or in part by public funds or by contributions solicited from the
general public. Such term shall not include any institution, club or place of accommodation
which proves that it is in its nature distinctly private. ln no event shall an institution, club or
place of accommodation be considered in its nature distinctly private if it has more than one
hundred members, provides regular meal service and regularly receives payment for dues, fees,
use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a
nonmember for the furtherance of trade or business. An institution, club, or place of
accommodation which is not deemed distinctly private pursuant to this local law may
nevertheless apply such selective criteria as it chooses in the use of its facilities, in evaluating
applicants for membership and in the conduct of its activitíes, so long as such selective criteria
do not constitute discriminatory practices under this local law or any other provision of law.
For the purposes of this local, a corporation incorporated under the benevolent orders law or

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 (34)

(3s)

described in the benevolent orders law but formed under any other law of this state or a
religious corporation incorporated under the education law or the religious corporations law
shall be deemed to be in its nature distinctly private.
"Predisposing genetic characteristic" means shall mean any inherited gene or chromosome, or
alteration thereof, and determined by a genetic test or inferred from information derived from
an individual or family member that is scientifically or medically believed to predispose an

individual or the offspring of that individual to a disease or disability, or to be associated with a
statistically significant increased risk of development of a physical or mental disease or
disability.
"Publicly-assisted housing accommodations" shall include all housing accommodations within

Tompkins County that is
Public housing or
Housing operated by housing companies under the supervision of the commissioner of
housing.
(36) "Real estate broker" means any person, firm or corporation who, for another and for a fee,
commission or other valuable consideration, lists for sale, sells, at auction or otherwise,
exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise,
exchange, purchase or rental of an estate or interest in real estate, or collects or offers or
attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to
negotiate, a loan secured or to be secured by a mortgage or other encumbrance upon or
transfer of real estate. ln the sale of lots pursuant to the provisions of Article 9(a) of the New
York State Real Property Law, the term "real estate broker" shall also include any person,

(A)
(B)

partnership, association or corporation employed by or on behalf of the owner or owners of
lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary
and commiss¡on, or otherwise, to sell such real estate, or any parts thereof, in lots or other
parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or
exchange, of any such lot or parcel of real estate.
"Real estate agent" means a person employed by a licensed real estate broker to list for sale,
''1', sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase
or sale or exchange of real estate, orto negotiate a loan on real estate, orto lease or rent or
offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to
collect rent for the use of real estate for or in behalf of such real estate broker.
(38) "Real estate transaction" means any of the following:
(A) The making or purchasing of loans or providing other financial assistance:
(i) For purchasing, constructing, improving, repairing, or maintaining real property; or
(i¡) Secured by real property; or
(B) The selling, brokering, or appraising of real property.
(3e) "Reasonable accommodation" means actions taken which permit an employee, prospective
employee or member with a disability to perform in a reasonable manner the activities
involved in the job or occupation sought or held and include, but are not limited to, provision of
an accessible worksite, acquisition or modification of equipment, support services for persons
with impaired hearing or vision, job restructuring and modified work schedules; provided,
however, that such actions do not impose an undue hardship on the business, program or
enterprise of the entity from which action is requested.
(40) "Reserve armed forces" means service other than permanent, full-time service in the military
forces of the United States including but not limited to service in the United States Army
Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United
States Air Force Reserve, or the United States Coast Guard Reserve.
(41) "Respondent" means any person who is alleged to have comm¡tted a discriminatory practice
prohibited by this local law.
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 (421 "Service dog" means any dog that is trained to work or perform specific tasks for the benefit of
a person with a disability by a recognized service dog training center or professional service dog
trainer, and

(43)

is actually used

for such purpose.

(44]'

"sexual orientation" means heterosexuality, homosexuality, bisexuality or asexuality, whether
actual or perceived. However, nothing contained herein shall be construed to protect conduct
otherwise proscribed by law.
"source of income" shall include: wages from lawful employment; child supporU alimony;

(45)

foster care subsidies; income derived from social security, or any form of federal, state or local
public assistance; housing and rental subsidies and assistance, including Section 8 vouchers;
savings, investment and trust accounts; and any other forms of lawful income.
"Undue burden" means significant difficulty or expense. ln determining whether an action

would result in an undue burden, factors to be considered shall include:
(A) The nature and cost of the action needed under this division;
(B) The overall financial resources of the site or sites involved in the action; the number of
persons employed at the site; the effect on expenses and resources; legitimate safety
requirements that are necessary for safe operation, including crime prevention
measures; orthe impact otherwise of the action upon the operation of the site;
(C) The geographic separateness, and the administrative or fiscal relationship of the site or
sites in question to any parent corporation or entity;
(D) lf applicable, the overall financial resources of any parent corporation or entity; the
overall size of the parent corporation or entity with respect to the number of its
employees; the number, tvpê, and location of its facilities; and
(E) lf applicable, the type of operation or operat¡ons of any parent corporation or entity,
including the composition, structure, and functions of the workforce of the parent
corporation or entity.
Sec.

(a)

##. Powers and Duties of the Tompkins County Office of Human Rights.
The authority and responsibility for administering this local law shall be the Office of Human Rights

(office).

(b)

The Office shall formulate policies to effectuate the purposes of this local law and may make
recommendations to agencies and officers of the County in aid of such policies and purposes.

(c)

The Office shall have the power to adopt, promulgate, amend, and rescind suitable rules and
regulations to carry out the provisions of this local law and the policies and practices of the Fair
Hearing Review Board (Board) in order for:
The Director to certify a complaint to the Board;
The Commission to select members of a Board, including a Board member to fill a vacancy that
arises before the case is resolved;
The Board to select a Board chair;
The Board to decide whether a hearing examiner or the board itself will conduct a hearing.
The Office shall annually report to County Administrator (Administrator) and the Tompkins County
Human Rights Commission (Commission) any outcomes, activities, and statistics related to the
enforcement of this local law.

(1)
(2J

(d)
(e)

{3)
(4)

This local law shall not affect any powers granted to the Office or the Commission under its enabling
statute and/or County Charter.

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 (f)

ln proposing a budget for the operation of the Office and in selecting other personnel and facilities,
the Administrator and the County Legislature must seek and consider the recommendations of the
Office.

(e)

The Office shall educate County residents about discriminatory practices through the use of
literature, counseling, educational workshops, or public forum. The Office may work with the
Commission and any other government or non-government agency or organization to identify
initiatives that educate the public about discriminatory practices.

(h)

The Administrator may assign additional staff to assist the Office in carrying out th¡s local law.

#f.

Sec:

Powers and Duties of the Director of Human Rights.

(a)

The Director of Human Rights (Director) heads the Office of Human'Rights and must assist the Board
and Commission to implement this local law.

(b)

The Director may issue regulations to carry out the responsibilities of the Director and the Office of
Human Rights under this local law.

(c)
(d)

The Director may receive sworn complaints alleging discrimination that violate this local law.

Before and after a complaint is certified to the Board, the Director may investigate, resolve, or
conciliate the complaint.

(e)

The Director promptly shall certify a complaint to the Board after the Director determines whether
there are reasonable grounds to believe that the respondent violated this local law, if:
The Director determined that there are reasonable grounds to believe a violation occurred and
the complaint was not resolved by conciliation; or
The Director determined that there are no reasonable grounds to believe a violation occurred
and the complainant appeals the Dîrector's decision to the Board.

(1)
(2)

(f)

lf the Director and the County Attorney determine that a representational conflict exists within the
Board, the County Attorney will have the power to disqualify that member of the Board.

(S)

The Director must carry out any other assigned duties described in this local law

Sec.

(a)

##. Creation of a Fair Hearing Review Board.
Fair Hearing Review Board membership.
There is hereby created a Fair Hearing Review Board (Board). Such Board shall consist of three
(3) members who shall be recommended by the majority of the Commission and appointed by
the County Legislature. Two (2) members of the Board must be members of the Commission at
the time of his or her appointment. One (1) member shall be a County resident at large
(member of the Tompkins County Bar Association?).
Each Board member is subject to disqualification due to either actual or perceived conflicts of

-

(1)

(21

(3)

interest, including the following:
(A) Any interest in the complaint;
(B) Any close relationship with the parties;
(C) Participated in the investigation of the complaint; or
(D) Participated in any conciliation of the complaint before a hearing on the merits.
A Board member serves until the complaint is resolved, even if the Board member's
membership on the Commission ends before the case is resolved.

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 (4)
Sec.

Three (3) members of the Board shall constitute a quorum for the purposes of conducting the
business thereof. Each member of the Board shallserve without compensation,

##. Powers and Duties of a Fair Hearing Review Board.

(a)

The Board shall have the following functions, powers, and duties:
To establish and maintain its principal headquarters at the Office of Human Rights.

(1)
(21
(3)

(4)

(5)

To adopt an officialseal.

To hold hearings, subpoena witnesses, and compel their attendance, administer oaths, take the
testimony of any person under oath and, in connection therewith, to require the production for
examination of any books or papers relating to any matter under investigation or in question
before the Board.
The authority to appoint one (1-) or more hearing officers as shall be necessary to carry out its
functions and duties. The hearing officer shall have the same powers possessed by the Board to
hold and conduct hearings. The hearing officer shall function under the supervision of the
Board and shall make findings of fact and recommendations to the Board.
To issue and to have served cease-and-desist orders and orders dismissing complaints and to
pass upon compliance with such orders.

(6) To award damages as set forth in Section ##.
(71 The authority to request the assistance of the County Attorney in carrying out the purposes of
(8)
Sec.

this local law which includes the ability to seek temporary injunctive relief pending the
completion of an investigation.
To render each year to the Commission, the Office of Human Rights, and the Legislature
written report of all of its activities and its recommendations.

a

##. Powers and Duties of the Tompkins County Human Rights Commission.

(a)

Tompkins County Human Rights Commission. - The Commission was established by the County
Legislature in L963. lt has 15 members. The members are appointed by the County Legislature. The
members should be individuals who are broadly representative of the diverse population of the
County. Each member serves a three-year term. The members of the Commission serve without
compensation.

(b)

The Commission shall recruit and recommend to the Legislature the three (3) members of a Fair
Hearing Review Board (Board) to consider and decide each complaint that the Office of Human Rights

(Office) certifies.

(c)

Commission members shall not engage in or encourage conduct or programming that conflicts,
detracts, or interferes with the exercising of the powers and duties of the Board or Office as provided

for in this local law

(d)

This local law shall not affect any powers previously granted to the Commission under the County
Charter or any other relevant enabling statute.

Section ##. Administrative Procedure

(a)

Charge

(1)

-

-

Preliminary Matters

Filing.

A charge alleging a discriminatory practice under this local law shall be in writing and signed
under oath or affirmation by or on behalf of a charging party before any person authorized to
administer oaths. The charge shall describe the discriminatory practice complained of and

should include a statement of the dates, places and circumstances, and the persons responsible
for such acts and practices. Upon the filing of a charge alleging a discriminatory practice, the
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 Director shall cause to be served upon the charging party a written notice acknowledging the
filing, and notifying the charging party of the time limits and choice of forums provided in this
local law.

(21

(3)
(4)
(5)

Whenever charges are made on behalf of a person claiming to be aggrieved, the person making
the charge must provide the Director with the name, address and telephone number of the
individual on whose behalf the charge is made. Thereafter, the Director shall verify the
authorization of such charge by the person on whose behalf the charge is made and upon the
request of such person may keep his or her identity confidential.
A charge shall not be rejected as insufficient because of failure to include all required
information so long as it substantially satisfies the informational requirements necessary for
processing.
A charge alleging a discriminatory practice or pattern of discriminatory practices under this
local law may also be filed by the Director whenever the Director has reason to believe that any
person has been engaged or is engaging in a discriminatory practice under this local law.
lf the Director decides to corroborate the complaint by testing,
Testing and corroboration,
the Director must provide the copy or synopsis to the respondent promptly after completion of
the testing. The Director may also initiate or corroborate complaints on the basis of testing

-

carried out by the Office's staff, contractors, orvolunteers authorized by the Director, or his or
her designees.

(b)

Time for Filing Charges

(c)

Charge
Amendments.
The charging party or the Director may amend a charge:
To cure technical defects or omissions;
To clarify allegations made in the charge;
To add allegations related to or arising out of the subject matter set forth or attempted
to be set forth in the charge; or
To add or substitute as a respondent a person who was not originally named as a

- Any complaint must be filed with the Director within one (L) year after the
alleged discriminatory act or practice. lf those acts or practices are continuing in nature, the
complaint must be filed within one year after the most recent act or practice. Filing with any federal
or state agency charged with civil rights enforcement constitutes a filing under this local law.
(1)

(A)
(B)
(C)
(D)

respondent, but who is, during the course of the investigation, identified as a respondent.
For jurisdictional purposes, such amendments shall relate back to the date the original,

(21

(3)

charge was first filed.
The charging party may amend a charge to include allegations of retaliation arising after the
filing of the original charge. Such amendment must be filed within one (1) year after the
occurrence of the retaliation and prior to the Director's issuance of findings of fact and
determination with respect to the original charge. Such amendments may be made at any time
during the investigation of the original charge so long as the Director will have adequate time
to investigate the additional allegations and the parties will have adequate time to present the
Director with evidence concerning the additional allegations before the issuance of findings of

fact and a determination.
When a charge is amended to add or substitute a respondent, the Director shall serve upon the
new respondent:
(A) The amended charge;
(B) The notice required under Section ##; and
(C) A statement of the basis for the Director's belief that the new respondent is properly
named as a respondent. For jurisdictional purposes, amendment of a charge to add or
substitute a respondent shall relate back to the date the original charge was first filed.

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 (d)

Notice of Charge.
The Director shall promptly, and in any event within twenty (20) days of filing of the charge,
cause to be served on or mailed, by certified mail, return receipt requested, to the respondent,
a copy of the charge along with a notice advising the respondent of respondent's procedural
rights and obligations under this local law. the Director shall promptly make an investigation of

(1)

(2)
(3)

(41

(5)

(e)

the charge.
The investigation shall be directed to ascertain the facts concerningthe discriminatory practice
alleged in the charge, and shall be conducted in an objective and impartial manner.
During the investigation, the Director shall consider any statement of position or evidence with
respect to the allegations of the charge which the charging party or the respondent wishes to
submit, including the respondent's answer to the charge. The Director shall have authority to
sign and issue subpoenas requiring the attendance and testimony of witnesses; the production
of evidence including but not limited to books, records, correspondence or documents in the
possession or under the control of the person subpoenaed; access to evidence for the purpose
of examination and copying; and conduct discovery procedures which may include the taking of
interrogatories and oral depositions.
The Director may require a fact finding conference or participation in another process with the
respondent and any of respondent's agents and witnesses and charging party during the
investigation in order to define the issues, determine which elements are undisputed, resolve
those issues which can be resolved, and afford an opportunity to discuss or negotiate
settlement. Parties may have their legal counsel present if desired.
Witnesses summoned by a subpoena under this local law shall be entitled to the same witness
and mileage fees as witnesses in proceedings in New York State Supreme Court. Fees payable
to a witness summoned by a subpoena issued at the request of a party shall be paid by that
party or, where a party is unable to pay the fees, by the Office.

lnvestigation of Charges. - The following procedure shall apply to the investigation of charges of
discriminatory practices filed under this local law:
(1) A respondent may file with the Director an answer to the charge no later than twenty (20) days
after receiving notice of the charge.
(21 The Director shall commence investigation of the charge within thirty (30) days after the filing
of the charge. An investigat¡on must be completed within one hundred (100)days, except
under special circumstances which must be documented and conveyed to the parties. lf the
Director is unable to complete the investigation within one hundred (100) days after the filing
of the charge, the Director shall notify the charging party and the respondent ofthe reasons
therefor. The Director shall make final administrative disposition of a charge within one (1)

(3)

yearofthedateoff¡lingofthecharge,unlessitisimpracticabletodoso. lftheDirectoris
unable to make a final administrative disposition within one (L) year of the filing of the charge,
the Director shallnotifythe charging party and the respondent of the reasonstherefor.
lf the Director determines that it is necessary to carry out the purposes of this local law, the
Director may, in writing, request the County Attorney to seek prompt judicial action for
temporary or preliminary relief to enjoin any discriminatory practice pending final disposition

(4)

of a charge.
The Director and Office staff must not disclose any information gathered during the
investigation, including the parties' identities, except that:
(A) Any information may be released at any time if the release has been agreed to in writing
by both the complainant and the respondent.
(B) The identity of the complainant may be disclosed to the respondent at any time.

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 (f)

(C)

(C)

lf the Director certifies a complaint to the Board, any information may be released unless
the Fair Hearing Review Board grants a private hearing before the board or a hearing

(D)

After the Director certifies a case to the Board, documents or materials gathered during
the investigation must be available to the parties, except that any investigatory materials
that the Board, Fair Hearing Review Board, hearing examiner, or Director determines are
privileged or confidential and would not be used at a hearing must not be released to any
party.

examiner.

Conciliation and lnvestigative Reports.
(1) During the period beginning with the filing of such complaint and ending with the filing of a
charge or a dismissal by the Director, the Director shall, to the extent feasible, engage in
conciliation with respect to such complaint.
(A) A conciliation agreement arising out of such conciliation shall be an agreement between
the respondent and the complainant, and shall be subject to approval by the Director.
(B) A conciliation agreement may provide for binding arbitration of the dispute arising from
the complaint. Any such arbitration that results from a conciliation agreement may
award appropriate reliel including monetary relief.
(C) Each conciliation agreement shall be made public unless the complainant and respondent
otherwise agree and the Director determines that disclosure is not required to further
the purposes of this title.
(D) Failure to comply with conciliation agreement. Whenever the Director has reasonable
.cause to believe that a respondent has breached a conciliation agreement, the Director
shall refer the matter to the County Attorney with a recommendation that a civil action
be filed for the enforcement of such agreement.
(E) Prohibitions and requirements with respect to disclosure of information i. Nothing that transpires during the conciliation process, whether successful or
unsuccessful, may be publicly disclosed or used in subsequent proceedings.
ii. Notwithstanding paragraph (1), the Director shall make available to the aggrieved
person and the respondent, at any time, upon request following completion of the
Director's investigation, information derived from an investigation and any final
investigative report relating to that investigation.
(21 At the end of each investigation under this section, the Director shall prepare a final
investigative report containing
(A) The names and dates of contacts
with witnesses;
(B) A summary and the dates of correspondence and other contacts with the aggrieved
person and the respondent;
(C) A summary description of other pertinent records;
(D) A summary of witness statements; and
(E) Answers to interrogatories.
(3) A final report under this paragraph may be amended if additional evidence is later discovered.
Findings of Fact and Determination of Reasonable Cause or No Reasonable Cause.
The Director must determine, based on the investigation, whether reasonable grounds exist to
believe that a violation of this local law occurred.
The results of the investigation shall be reduced to written findings of fact and a determination
shall be made by the Director that there is or is not reasonable cause for believing that a
discriminatory practice has been or is being committed, which determination shall also be in
writing and issued with the written findings of fact.
The findings of fact and determination shall be mailed promptly to the respondent and charging

(1)

(2')

(3)

party.
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12

 (4)

(h)

(¡)

Once issued to the parties, the Director's findings of fact, determination, and order may not be
amended or withdrawn except upon the agreement of the parties or in response to an order by
the Board after an appeal taken pursuant to Section ##; provided, that the Director may correct
clerical mistakes or errors arising from oversight or omission upon the request from a party or
upon the Director's own discretion.

Determination of No Reasonable Cause - Appeal From and Dismissal.
lf the Director determines that no reasonable cause exists to believe that a discriminatory
practice has occurred or is about to occur, the Director shall promptly dismiss the complaint.
The Director shall make public disclosure of each such dismissal.
(2) lf a determination is made that there is no reasonable cause for believing a discriminatory
practice under this local law has been committed, the charging party shall have the right to
appeal such determination to the Board within thirty (30) days of the date the determination is
signed by the Director by filing a written statement of appeal with the Board. The Board shall
promptly deliver a copy of the statement to the Director and respondent and shall promptly
consider and act upon such appeal by either affirming the Director's determination or
remanding it to the Director with appropriate instructions. ln the event no appeal is taken or
such appeal results in affirmance or if the Board has not decided the appeal within the sixty
(60) days allotted, the determination of the Director shall be final and the charge deemed
dismissed. Any party aggrieved by the final dismissal may appeal the order on the record to an
appropriate court.

(1)

Determination of Reasonable Cause - Conciliation and Settlement.
(1) lf a determination is made that reasonable cause exists to believe that a discriminatory practice
has oècurred, the Director shall endeavor to eliminate the discriminatory practice by
conference, conciliation and persuasion. Conditions of settlement may include (but are not
limited to) the elimination of the discriminatory practice, refunds or credits, reinstatement to
tenancy, affirmative recruiting or advertising measures, payment of actual damages, damages
for loss of the right to be free from discrimination, attorney's fees or such other remedies that
will effectuate the purposes of this local law, including action which could be ordered by a
court. ln charges alleging a discriminatory practice, filed under this local law, the Director may

(2)

(3)

also require payment of a civil penalty, as set forth in Section ##.
Any settlement or conciliation agreement shall be an agreement between the charging party
and the respondent and shall be subject to the approval ofthe Director. An order shall then be
entered by the Director setting forth the terms of the agreement. Copies of such order shall be
delivered to all affected parties.
lf conciliation is not successful and no agreement can be reached, the Director shall issue a
written finding to that effect and furnish a copy of the finding to the charging party and to the

respondent. Such a finding (A) Shall consist of a short and plain statement of the facts upon which the Director has
found reasonable cause to believe that a discriminatory practice has occurred or is about
to occur;
(B) Shall be based on the final investigative report; and
(C) Need not be limited to the facts or grounds alleged in the complaint filed under Section

(4)

##;
Shall be delivered to the charging parting and to the respondent.
Upon issuance of the finding, the Director shall promptly cause to be delivered the entire
investigatory file, including the charge and any and all findings made, to the Board for further
proceedings and hearing under this local law pursuant to Section ##.

(D)

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 (5)

lf the Director determines that the matter involves the legality of any other federal, state or
local law, the Director shall immediately refer the matter to the County Attorney for
appropriate action, instead of issuing a charge.

Section ##. Administrative Procedure

-

Complaint and Hearing.

(a)

Following submission of the investigatory file to the Board, the Director shall prepare a complaint
against such respondent relating to the charge and facts discovered during the investigation thereof
and prosecute the same in the name and on behalf of the County at a hearing therefor before the
Board sitting alone or with a Hearing Examiner as provided in this local law and to appear for and
represent the interests ofthe County at all subsequent proceedings.

(b)

The complaint shall be served on respondent in the usual manner provided by law for service of
complaints and filed with the Board. A copy of such complaint shall be furnished charging party.

(c)

Within twenty (20) days of the service of such complaint upon it, the respondent shall file its answer
with the Board and serve a copy of the same on the Director.

(d)

Upon the filing of the complaint, the Board shall promptly establish a date for the hearing of such
complaint and give notice thereof to the Director, the County Atto¡ney, the complainant, and
respondent, and shall thereafter hold a public hearing on the complaint, which hearing shall
commence no earlier than ninety (90) days nor later than one hundred twenty (120) days from the
filing of the complaint, unless otherwise ordered by the Board.

(e)

After the filing of a complaint with the Board, it may be amended only with the permission of the
Board, which permission shall be granted when justice will be served thereby and all parties are
allowed time to prepare their case with respect to additional or expanded charges which they did not
and could not have reasonably foreseen would be in issue at the hearing.

(f)

The hearing shall be conducted by the Board and/or a hearing examiner appointed by the Board from
a list approved by the Office, sitting alone or with the Board. Such hearings shall be conducted in
accordance with written rules and procedures consistent with this local law.

(e)

lf a Hearing Examiner is appointed, it shall be done within thirty (30) days after notice of the date of
hearing from the Board.

(h)

At a hearing under this local law, each party may appear in person, be
represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of
subpoenas. Any aggrieved person may intervene as a party in the proceeding. The Federal Rules of
Evidence shall apply to the presentation of evidence in such hearing as they would in a civil action in
U.S. district court.
Rights of Parties.

-

(i)

A court-reporting stenographer shall be present at all hearings

(j)

A hearing under this section shall be conducted as expeditiously and inexpensively as possible,
consistent with the need of all parties to obtain a fair hearing and complete record.

(k)

Resolution of Charge. - Any resolution of a charge before a final order under this section shall
require the consent of the aggrieved person on whose behalf the charge is issued.

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 Section ##. Administrat¡ve Decision and Order.

(a)

Within thirty (30) days after conclusion of the hearing, the chairperson of the Board at the hearing (or
the Examiner as the case may be) shall prepare a written decision and order. The final decision shall
be filed as a public record with the County Clerk, and copies thereof mailed to each party of record,
the Director, the County Attorney.

(b)

Such decision shall contain a brief summary of the evidence considered and shall contain findings of
fact, conclusions of law upon which the decision is based, and an order detailing the relief deemed
appropriate, together with a brief statement of the reasons therefor.

(c)

ln the event the Board (or a majority of the panel composed of the Examiner and Board), determines
that a respondent has committed a discriminatory practice under this local law, the Board (or panel
majority) may order the respondent to take such affirmative action or provide for such relief as is
deemed necessaryto correctthe practice, effectuate the purpose of this local law, and secure
compliance therewith. An order may include the requirement for a report on the matter of
compliance.

(d)

Any person aggrieved by a final order of the Board (or panel majority) may appealthe order on the
record to an appropriate court.

(e)

The Board and in the performance of its functions may enlist the aid of all departments of County
government, and all said departments are directed to fully cooperate therewith.

Section ##. Remedies and Civil Penalties.

(a)

Damages and other relief for complainant. - After finding a violation of this local law, the Board may
order the payment of damages (other than punitive damages) and any other relief that the law and
the facts warrant, such as:
(1) Compensation for:

(A)
(B)
(C)
(D)
(E)

(2)
(3)

(4)
(5)

Reasonable attorney's fees;
Property damage;
Personal injury;

Unreimbursed travel or other reasonable expenses;
Damages not exceeding $5O,0OO for humiliation and embarrassment, based on the
nature of the humiliation and embarrassment, including its severity, duration, frequency,
and breadth of observation by others;
(F) Financial losses resulting from the discriminatory act or; and
(G) lnterest on any damages from the date of the discriminatory act or violation, as provided
in subsection (c);
Equitable relief to prevent discrimination or a violation of this local law;
Consequential damages, such as lost wages from employment discrimination or higher housing
costs from housing discrimination, for up to 2 years after the violation, not exceeding the actual
difference in expenses or benefits that the complainant realized while seeking to mitigate the
consequences of the violation (such as income from alternate employment or unemployment
compensation following employment discrimination); and
Any other relief that furthers the purposes of this local law, or is necessary to eliminate the
effects of any discrimination prohibited under it.
lnterim relief. - At any time after a complaint has been filed, the Board, a hearing examiner, or
the Director may direct the County Attorney to seek any appropriate legal relief, such as a

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 temporary restraining order or a preliminary injunction, to preserve the status quo or prevent
irreparable harm.

(b)

Civil penalties.
ln addition to any damages awarded to any person under this local law, the Board may require
any person, except the County, who has violated this local law to pay to the County as a civil

-

(1)

penalty:

(A)

For each violation involving discrimination in housing:

(i)

(ii)

(B)

Up to 510,000, if no court or administrative agency has found that the respondent
committed any previous discriminatory act or practice involving discrimination in

housing;

Up to 525,000, if any court or admínistrative agency has found that the respondent
committed a previous act or practice involving discrimination in housing during the
five (5) years before this complaint was filed with the Office; and
(ii¡) Up to $50,000, if any court or administrative agency has found that the respondent
committed two (2) or more previous acts or practices involving discrimination in
housing during the seven (7) years before this complaint was filed with the Office;
For each violation involving discrimination in employment or public accommodations, up
to sL0,000;
For any other violation, S1,000.

(C)
(21 When imposing a civil penalty, the Board must consider:
(A) Any prior findings of discrimination;
(B) The willfulness of the discrimination act; and
(C) The severity of the complainant's injury.
(c)

The Board may order the respondent to pay to the complainant interest on a damage
award at s¡x (6) percent per year of any money that was unavailable to the complainant as a result of
the act of discrimination, from the date of the discriminatory. After judgment, the rate of interest on
the judgment is ten (10) percent per year.

lnterest.

-

Section ##. Enforcement of Administrative Orders.

(a)

ln any case in which a final order of the Director or of the Board directed to the County, or to any
department, division, board or agency thereof, is not complied with, a copy of the order shall be
transmitted to the County Administrator, who shall take appropriate action to secure compliance
therewith.

(b)

ln the event that any final order of the Director or of the Board is not complied with, the Director or
the Board, as the case may be, shall notify the County Attorney, who shall petition the appropriate
court to secure enforcement of or compliance with the order, or to impose penalties as set forth in
this local law, or both. The County Attorney shall certify and file with the court the final order sought
to be enforced. The County Attorney shall cause a notice of the petition to be sent by certified mail
to all parties or their representatives.

(c)

lf, within sixty (60) days after the date the Board's order concerning a discriminatory practice is
entered, no petition has been filed under subsection (b) of this section by the County Attorney, any
person entitled to relief under the final order may petition the appropriate court for a decree
enforcing the order.

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 Section ##. Election of Civil Action in Cases of Discriminatory Pract¡ces.

(a)

Any person subjected to an act of discrimination under this local law may pursue a civil action under
New York law.

(b)

Following the issuance of a finding of unsuccessful conciliation, any charging party on whose behalf
the reasonable cause finding was made, or a respondent, may, with respect to a discriminatory
practice, elect to have the claims on which reasonable cause was found decided in a civil action under
this section in lieu of an administrative hearing under Sections ##. This election must be made not
later than twenty (20) days after issuance of the finding of unsuccessful conciliation. The person
making such election shall give notice of doing so to the Director and to all other charging parties and
respondents to whom the charge relates.

(c)

lf an election is made under subsection (b) of this section, the County Attorney may bring a civil
action to enforce this local law. The County may recover costs and reasonable attorney's fees if the
County substantially prevails in an enforcement action.

(d)

ln a civil action under this section, if the court finds that a discriminatory practice has occurred or is
about to occur, the court may grant any relief including but not limited to actual damages, injunctive
or equitable relief and any other appropriate remedy set forth by Section ##. The court may also
assess a civil penalty as set forth in Section ##. lf monetary relief is sought for the benefit of a person
who could have intervened under subsection (a) of this section, but who did not intervene in the civil
action, the court shall not award such relief if that person has not complied with discovery orders .,
entered by the court.

(e)

ln any proceeding under this section, the court may award attorney fees and costs to the prevailing
party. Attorney fees and costs may be assessed against a person who intervenes by filing a notice of
independent appearance in the civil action only to the extent that the intervening participation was
frivolous or vexatious, or was for the purpose of harassment.

Section ##. Enforcement by Private Persons.

(a)

Any person who claims to have been injured by a discriminatory practice, or who believes that he or
she will be injured by a díscriminatory practice that is about to occur, may commence a civil action in
the appropriate court of jurisdiction not later than three (3) year after the occurrence or the
termination of an alleged discriminatory practice, whichever occurs last, to obtain appropriate relief

with respect to such discriminatory practice.

(b)
(c)

(d)

The computation of such three-year period shall not include any time during which an administrative
proceeding under this local law was pending with respect to a complaint or charge under this local
law alleging a discriminatory practice based on the same facts or occurrences.
A complaint may be filed under this section whether or not an administrative charge has been filed
under Section ##, and without regard to the status of such charge, but if a state or federal
administrative agency has obtained a pre-finding or post-finding settlement or conciliation
agreement with the consent of the charging party, no action may be filed under this section with
respect to the alleged discriminatory practice which forms the basis for such complaint except for the
purpose of enforcing the terms of such agreement.
No civil action may be commenced under this section with respect to an alleged discriminatory
practice that forms the basis of a complaint if a hearing on the record has been commenced by the
Board.

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 (e)

ln a civil action under this section, if the court finds that a discriminatory practice has occurred or is
about to occur, the court may grant as relief, as it deems appropriate, any permanent or temporary
injunction, temporary restraining order, or other order, including an order enjoining the defendant
from engaging in such practice or ordering such affirmative action as may be appropriate. The court
may also award actual damages, including damages for humiliation and mental suffering, and any
other appropriate remedy set forth in the federal or state law. The court may also allow reasonable
attorney's fees and costs to the prevailing party.

(f)

Relief granted underthis section shall not affect any contract, sale, encumbrance, or lease
consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer,
or tenant, without actual notice of the filing of a charge or civil action under this local law.

(e)

Upon timely application, the County Attorney may intervene in such civil action, if the County
Attorney certifies that the case is of general public importance, and may obtain such relief as would
be available in an action brought under Section ##.

Section ##. Unlawful Conduct and Penalties.

It is unlawful for any person to willfully engage in a discriminatory practice under this local law or willfully
resist, prevent, impede or interfere with the Director, the Board, the Commíssion, or the County Attorney,
in the performance of their duties under this local law, or to fail, refuse, or neglect to comply with any
lawful order of the Director, the Board, or the County Attorney.
Section ##. Constructíon with Other Laws.
Nothing in this local law shall invalidate or restrict any right or remedy of any charging party or respondent
under state or federal law nor preclude such party from seeking judicial review of any final administrative
decision or order made under this local law.
Section ##. Cooperat¡ve Agreements.
Nothing in this local law shall be interpreted to prevent the receiving, referring, or other processing of
complaints, in accordance with any cooperative agreement with the New York
State Division of Human Rights or with other agencies concerned with the enforcement of laws against
discrimination.
Section ##. Application to Pending Charges and Complaints.
The procedures for administration and enforcement under thís local law shall apply to charges pending
which have not had a date certain set for hearing as of the effective date of the local law codified in this
local law. However, this section shall not be construed to invalidate any administrative action taken or
determinations and orders made on pending charges because of the procedures provided by this local law

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 DIVISION 1. DISCRIMINATION IN REAL ESTATE

Subdivision

A:

Discrimination in Housing

Section ##. Scope.

(a)
(b)
(c)

Discriminatory practices as defined in this subdivision are contraryto the public peace, health, safety,
and general welfare and are prohibited by the County in the exercise of its police power.
Unless the context otherwise requires, "discriminatory practice" includes "housing discrimination."

Categories of protection provided under this subdivision include a person's age, creed, race, color,
sex, sexual orientation, national origin, marital status, disability, military status, arrest record,
conviction record, domestic violence victim status, gender identity/expression, source of income,
familial status, and any other state or federal protected status.

Section ##. Discriminatory Practices.

(a)

lt is a discriminatory practice under this subdivision for any owner, assignee, real estate broker, real
estate agent, salesperson or employee, or other person havingthe rightto sell, rent, lease, sublease,
assign, transfer, or otherwise dispose of real property, to discriminate by undertaking or refusing to
sell, rent, lease, sublease, assign, transfer or otherwise deny to or withhold from any person or group
of persons such real property, or refuse to negotiate for the sale, rental, lease, subleäse, assignment
or transfer of real property, or segregate the use thereof, or represent that such real property is not
available for inspection, when in fact it is so available, or expel or evict an occupant from real
property or otherwise make unavailable or deny a dwelling because of the person's age, creed, race,
color, sex, sexual orientation, nationalorigin, marital status, disability, military status, arrest record,
conviction record, domestic violence victim status, gender identity/expression, source of income, or
familial status in the terms, conditions or privileges of the sale, rental, lease, sublease, assignment,
transfer or other disposition of any such real property, including but not limited to the setting of rates
for rental or lease, or establishment of damage deposits, or other financial conditions for rental or
lease, or in the furnishing of facilities or services in connection therewith.

(b)

lt is a discriminatory pract¡ce under this subdivision to unreasonably prohibit modifications needed by
tenant with a disability. Whether or not the landlord permits tenants in general to make alterations
or additions to a structure or fixtures, it is a discríminatory practice for a landlord to refuse to make
reasonable accommodations in rules, policies, practices, or services, when such accommodations may
be necessary to afford a person with a disability equal opportunity to use and enjoy any dwelling, or
to refuse to allow a person to make alterations or additions to existing premises occupied or to be
occupied by a person with a disability, which are necessary to make the rental property accessible by
persons with disabilities, under the following conditions:
(1) The landlord is not required to pay for the alterations, additions, or restoration.
(2) The landlord may reserve the right to approve the design, quality, and construction of the
alterations or additions in order to minimize damage to the building and enforce standards of
quality and architectural compati bility.
(3) The landlord may, where it is reasonable to do so, condition permission for modification on the
renter's agreeing to restore the interior of the premises to the condition that existed before the
modification, reasonable wear and tear excepted.
a

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 (c)

lt is a discriminatory practice under this subdivision for any person to design a building or structure
that does not conform with the Federal Fair Housing Act as amended, 42 U.S.C. Section 3601 et seq.,
the New York State Uniform Fire Prevention and Building Code, any other applicable federal, state, or
local laws pertaining to access by persons with disabilities, or any rules or regulations promulgated
thereunder. Whenever the requirements of the applicable laws shall differ, those which require
greater accessibility for persons with disabilities shall govern.

Section

f#.

(a)

is a discriminatory practice under this subdivision

lt

(1)

(21

(b)

Retaliation, Harassment, or Coercion

for any person to:
Aid, abet, incite, compel, or coerce the doing of any act defined in this subdivision as a
discriminatory practice; or to intimidate, harass, retaliate, obstruct or discriminate against a
person in any manner because such person has complied with or proposes to comply with
provisions of this subdivision or has filed a charge or complaint, has testified, or has assisted in
any proceeding under this subdivision, or any order issued thereunder; or to attempt, either
directly or indirectly, to commit any act defined in this subdivision to be a discriminatory
practice; or to apply any economic sanctions or to deny membership privileges because of
compliance with the provisions of this subdivision; or
Coerce, intimidate, threaten, or otherwise interfere with any person in the exercise or
enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or
her having aided or encouraged any other person in the exercise or enjoyment of any right
granted or protected under this subdivision.

Any discriminatory practice under this subdivision which has the purpose or effect of denying a
person the right to be free from discrimination in housing practices or the right to quiet or peaceful
possession or enjoyment of real property, interfering with a person's compliance with the provisions
of this subdivision prohibiting unfair housing practices, or interfering with a person's filing of a charge
or assisting in any proceeding relating to an unfair housing practice underthis subdivision, is an unfair

housing practice.
Section ##. Refusal or Failurê to List or Show Property.

(a)

lt is a discriminatory practice under this subdivision for any real estate broker or real estate agent,
salesperson or employee to, because the age, creed, race, color, sex, sexual orientation, national
origin, marital status, disability, military status, arrest record, conviction record, domestic violence
victim status, gender identity/expression, source of income, or familial status of an occupant,
purchaser, prospective occupant, or prospective purchaser:

(1)
(2)

(3)

Refuse or intentionally fail to list or discriminate in listing real property for sale, rent, lease or
sublease;
Refuse or intentionally failto show a prospective occupant real property listed for sale, rental,
lease or sublease;
Refuse or intentionally fail to accept and/or transmit to an owner any reasonable offer to
purchase, lease, rent or sublease real property.

Section ##. Discrimination in Provision of Brokerage Services

(a)

lt is a discriminatory practice under this subdivision to deny any person access to or membership or
participation in, any multiple listing service, real estate brokers' organization, or other service,
organization, or facility relating to the business of selling or renting dwellings, or to discriminate
against him or her in terms or conditions of such access, membership, or participation, on account of

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 age, creed, race, color, sex, sexual orientation, national or¡gin, marital status, disability, military

status, arrest record, conviction record, domestic violence victim status, gender identity/expression,
source of income, or familial status.
Section ##. Discrimination in Real Estate-Related Transactions.

(a)

for any lender, or any agent or employee thereof, to whom application
is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation,
repair, or maintenance of any real property, or any other person whose business includes engaging in
lt

is a discriminatory pract¡ce

real estate-related transactions, to
Discriminate against any person, prospective occupant or tenant of real property in the
granting, withholding, extending, making available, modifying or renewing, or in the rates,
terms, conditions or privileges of, any such financial assistance, or in the extension of services
in connection therewith; or
Use any form of application for such financial assistance or make any record of inquiry in
connection with applications for such financial assistance which expresses, directly or indirectly,
any limitation, specification, or discrimination because age, creed, race, color, sex, sexual
orientation, national origin, marital status, disability, military status, arrest record, conviction
record, domestic violence victim status, gender identity/expression, source of income, or
familial status, unless required or authorized by local, state or federal laws or agencies for the
purpose of preventing discrimination in real property; provided that, nothing in this provision
shall prohibit any party to a credit transaction from requesting designation of marital status for
the purpose of considering application of community property law to the individual case or
from taking reasonable action thereon or from requesting information regarding age, or familial
status when such information is necessary to determine the applicant's ability to repay the
loan.
nothing in this subdivision prohibits a person engaged in the business
Appraisal Exemption
of furnishing appraisals of real property to take into consideration factors other than age,
creed, race, color, sex, sexual orientation, national origin, marital status, disability, military
status, arrest record, conviction record, domestic violence victim status, gender

-

(1)

(2)

(3)

-

identity/expression, source of income, or familial status.
Section ##. Unfair lnquiries or Advertisements.

(a)

lt is a discriminatory practice for any owner, real estate agent, salesperson or employee, real estate
broker, or any other person, to (1) Require any information, make or keep any record, or use any form of application containing
questions or inquiries concerning age, creed, race, color, sex, sexual orientation, national origin,
marital status, disability, military status, arrest record, conviction record, domestic violence
victim status, gender identity/expression, source of income, or familial status in connection
with the sale, rental, lease or sublease of any real property unless used solely:
(A) For making reports required by agencies of the federal, state, or local government for the
purposes of preventing and eliminating discrimination or of overcoming its effects or for
other purposes authorized by federal, state, or local agencies or laws or rules adopted
thereunder,
(B) As to "marital status," for the purpose of determining applicability of community
property law to the individual case, and
(C) As to "age," for the purpose of determining that the applicant has attained the age of
majority, or in the case of housing exclusively for older persons as described in Section
#f, for the purpose of determining the eligibility of the applicant;

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 (2)

Publish, circulate, issue or display orcause to be published, circulated, issued ordisplayed, any
communication, notice, advertisement, or sign of any kind relating to the sale, rental, lease,
sublease, assignment, transfer, or listing of real property which indicate any preference,
limitation, or specification based age, creed, race, color, sex, sexual orientation, nationalorigin,
marital status, disability, military status, arrest record, conviction record, domestic violence
victim status, gender identity/expression, source of income, or familial status.

Section ##. Unfair lnducement to Sell or Rent

(a)

-

Blockbusting; Steering Persons to Particular Areas.

for any owner, real estate agent, salesperson or employee, real estate
broker, or any other person, to, for profit:
(1) Promote, induce, or attempt to promote or induce any person to sell or rent any real property
by representation regarding the entry or prospective entry into the neighborhood or area of a
person or persons of a particular age, creed, race, color, sex, sexual orientation, national origin,
marital status, disability, military status, arrest record, conviction record, domestic violence
victim status, gender identity/expression, source of income, or familial status;
(21 Show or otherwise take any action, the design or effect of which is to steer a person or persons
to any section of the City or to particular real property in a manner tending to segregate or
maintain segregation on the basis of age, creed, race, color, sex, sexual orientation, national
origin, marital status, disability, military status, arrest record, conviction record, domestic
violence victim status, gender identity/expression, source of income, or familial status.

lt

is a discriminatory practice

Section ##. Denial,of Right Granted Under this Subdivision.

(a)

lt is a discriminatory practice under this subdivision for any person, whether or not acting for profit,
to harass, intimidate, or otherwise abuse or discriminate against any person or person's friends or
associates because of age, creed, race, color, sex, sexual orientation, national origin, marital status,
disability, military status, arrest record, conviction record, domestic violence victim status, gender
identity/expression, source of income, or familial status with the purpose or effect of denying to such
person the rights granted in this subdivision or the right to quiet or peaceful possession or enjoyment
of any real property.

(b)

Any discriminatory practice under this subdivision which has the purpose or effect of denying a
person the right to be free from discrimination in housing practices or the right to quiet or peaceful
possession or enjoyment of real property is an unfair housing practice.

Section ##. Exemptions.

(a)

Nothing in this subdivision shall:
(1) ' Apply to the renting, subrenting, leasing, or subleasing of a single-family dwelling, wherein the
owner or person entitled to possession thereof maintains a permanent residence, home, or

(2)

(3)

abode;
Be interpreted

to prohibit any person from making a choice among prospective purchasers or

tenants of real property on the basis of factors other than age, creed, race, color, sex, sexual
orientation, national origin, marital status, disability, military status, arrest record, conviction
record, domestic violence victim status, gender identity/expression, source of income, or
familial status where such factors are not designed, intended, or used to discriminate;
Prohibit a religious organization, association, or society, or any nonprofit institution or
organization operated, supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or occupancy of dwellings
whîch it owns or operates for other than a commercial purpose to persons of the same religion,

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 (4)

(s)

6

7
(8)
(e)

(10)

or from giving preference to such persons, unless membership în such religion is restricted on
account of race, color, or national origin;
Prohibit any person from limiting the rental or occupancy of housing accommodations in any
YWCA, YMCA, sorority, fraternity, school or college dormitory, or similar residential hall to
persons of one sex;
Prohibit any person from limiting the rental or occupancy of housing accommodations to
persons who are elderly or disabled in any housing facility designed, constructed or
substantially rehabilitated and operated exclusively for older persons, as defined bythe Federal
Fair Housing Act, as amended, 42 U.S.C. Sec. 3607 (b)(L) throueh (4) as of the effective date of
the local law codified in this local law, or for persons with disabilities;
Require any person to rent or lease a housing accommodation to an unemancipated minor;
Require any person to rent or lease a housing accommodation in violation of the New York
State Uniform Fire Prevention and Building Code;
Be construed to prohibit treating persons with disabilities more favorably than persons without

disabilities;
Be construed to protect criminal conduct;
Prohibit any person from limiting the rental or occupancy of housing accommodations on the
basis of conduct by an occupant or prospective occupant which involves the use of force or
violence or advocacy directed to producing or inciting imminent force or violence to the person
or property of the owner, manager, or other person having the right to sell, rent, lease, assign,
transfer or otherwise dispose ofthe real property occupied or sought to be occupied.

Subdivision B: Discrimination in

ercial Real Estate

Section ##. Scope.

(a)

Discriminatory practices as defined in this subdivision are contraryto the public peace, health, safety,
and general welfare and are prohibited by the County in the exercise of its police power.

(b)

Unless the context otherwise requires, "discriminatory practice" includes "commercial real estate
discrimination."

(c)

Categories of protection provided under this subdivision include a person's age, creed, race, color,
sex, sexual orientation, national orîgin, marital status, disability, militarystatus, arrest record,
conviction record, domestic violence victim status, gender identity/expression, source of income,
familial status, and any other state or federal protected status.

Section ##. Discriminatory Practices.

(a)

lt shall be an unlawful discriminatory practice for a person, because of age, creed, race, color, sex,
sexualorientation, national origin, marital status, disability, military status, arrest record, conviction
record, domestic violence victim status, gender identity/expression, source of income, or familial
status to:
(1) Refuse or refuse to negotiate to sell, lease, sublease, rent, assign, or otherwise transfer

(2)
(3)

commercial real estate;
Represent that commercial real estate is not available for inspection, sale, lease, sublease,
rental, assignment, or other transfer when it is available;
Deny or withhold commercial real estate from any person;

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 (4)
(5)
(b)

lnclude in the terms,.conditions, or privileges of any sale, lease, sublease, rental, assignment, or
other transfer of commercial real estate any clause, condition, or restriction discriminating
against any person in the use or occupancyofthe real estate; or
Discriminate in furnishing any facilities, repairs, improvements, or services, or in the terms,
conditions, privileges, or tenure of occupancy.

lt shall be an unlawful discriminatory practice for a lending institution, because of age, creed, race,
color, sex, sexual orientation, nationalorigin, marital status, disability, military status, arrest record,
conviction record, domestic violence victim status, gender identity/expression, source of income, or
familial status to:

(1)

(21

Discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage, or
otherwise making available funds to acquire, construct, alter, rehabilitate, repair, or maintain
commercial real estate; or
Discriminate in fixing the rates, terms, conditions, or provisions of financial assistance, or in
extending service in connection with financial assistance.

(c)

lt shall be an unlawful discriminatory practice for any owner, manager, real estate agent, salesperson
or employee, real estate broker, or any other person, to publish, circulate, issue or display or cause to
be published, circulated, issued or displayed, any communication, notice, advertisement, or sign of
any kind relating to the sale, rental, lease, sublease, assignment, transfer, or listing of real property
which indicate any preference, limitation, or specification based age, creed, race, color, sex, sexual
orientation, national origin, marital status, disability, military status, arrest record, conviction record,
domestic violence victim status, gender identity/expression, source of income, or familial status.

(d)

lt shall be an unlawful discriminatory practice for any owner, manager, real estate agent, salesperson
or employee, real estate broker, or any other person, to (1) Assist in, compel, or coerce any discriminatory practice prohibited by this subdivision,
(2) Obstruct or prevent enforcement or compliance with this subdivision, or
(3) Attempt directly or indirectly to commit any discriminatory practice.

(e)

It shall be an unlawful discriminatory practice for any owner, manager, real estate agent, salesperson
or employee, real estate broker, or any other person, to (1) lnduce or attempt to induce, by direct or indirect methods, äny person to transfer commercial
real estate by representations regarding the existing or potential proximity of real estate
owned, used, or occupied by any person of any particular age, creed, race, color, sex, sexual
orientation, national origin, marital status, disability, military status, arrest record, conviction
record, domestic violence victim status, gender identity/expression, source of income, or
familial status;
(Zl Represent to any prospective purchaser or lessee that any commercíal real estate in a
particular area may undergo, is undergoing, or has undergone a change with respect to age,
creed, race, color, sex, sexual orientation, national origin, marital status, disability, military
status, arrest record, conviction record, domestic violence victim status, gender
identity/expression, source of income, or familial status of occupants of the area; or
(3) Place a sign or other display either purporting to offer for sale, lease, assignment, transfer, or
other disposition, or tending to lead to the belief that a bona fide offer is being made to sell,
lease, assign, transfer, or otherwise dispose of any commercial real estate that is not in fact
available or offered for sale, lease, assignment, transfer, or other disposition, because of age,
creed, race, color, sex, sexual orientation, national origin, marital status, disability, military
status, arrest record, conviction record, domestic violence victim status, gender
identity/expression, source of income, or familial status.

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p.24

 (f)

lt shall be an unlawful discriminatory practice for any owner, manager, real estate agent, salesperson
or employee, real estate broker, or any other person, to retaliate against any person for

(1)
(21

(g)

-

Lawfully opposing any discriminatory practice under this subdivision; or
Filing a complaint, testifying, assisting, or participating in any manner in an investigation,
proceeding, or hearing under this subdivision.

lt shall be an unlawful discriminatory practice for any owner, manager, real estate agent, salesperson
or employee, real estate broker, or any other person, to
- because of age, creed, race, color, sex,
sexual orientation, national origin, marital status, disability, military status, arrest record, conviction
record, domestic violence victim status, gender identity/expression, source of income, or familial
status:
(1) Deny any other person access to or membership or participation in any multiple- listing service,
real estate brokers' organization, or other service, organization, or facility relating to the
business of buying, selling, or renting commercial real estate; or
(2) Discriminate against any person in the terms or conditions of the access, membership, or
participation in any multiple-listing service, real estate brokers' organization, or other service,
organization, or facility relating to the business of buying, selling or renting commercial real
estate.

Sec. ##. Exemptions.

(a)

This subdivision does not apply to religious institutions or organizations or charitable or educational
organizations operated, supervised, or controlled by religious institutions or organizations which give
preference to members of the same religion in a real estate transaction, as long as membership in
such religion is not restricted by race, color, sex, or national origin.

(b)

This subdivision does not prohibit the use of a logo or other means of advertising that any
commercial real estate is suitable or adapted to use by persons with a disability.

(c)

ln the case of age, the following is not an unlawful practice:
lnquiring about a person's age to determine a pertínent element of credit-worthiness;
Using empirically derived, credit systems that consider age if such systems are based on

(1)
(21
(3)
(4)

statistically sound data;
Offering credit life insurance or credit disability insurance, in conjunction with any mortgage
loan, to a limited age group;
Refusing to grant a mortgage loan to a person under the age of eighteen (18) years.

Sec. ##. Enforcement.

(a)

(b)

lf the Director, with respect to a violation of this subdivision, (1) does not conciliate a complaint after
the parties have, in good faith, attempted conciliation, (2) does not effect an assurance of
discontinuance or settlement agreement, or (3) finds that a complaint is not susceptible of
conciliation, in addition to the authority provided in Section ##, the Director may (1) transmit the
matter to the County Attorney for appropriate legal action, or (2) advise the complainant of the
complainant's right to take appropriate legal action.
Nothing in this subdivision prevents any person from exercising any right or seeking any remedy to
which that person is otherwise entitled, or from filíng any complaint with any other agency or court.
lf an action involving the same parties is pending before any other agency or court, the commission
must advise the complainant to incorporate the allegations of the complaint in the previous action
where appropriate.

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p. 25

 D¡VISION

2.

DISCRIMINATION IN EMPLOYMENT

Section ##. Scope.

(a)

Discriminatory practices as defined in this subdivision are contraryto the public peace, health, safety,
and general welfare and are prohibited by the County in the exercise of its police power.

(b)

Unless the context otherwise requires, "discriminatory practice" includes "employment

discrimination."

(c)

Sec.

(a)

Categories of protection provided under this subdivision include a person's age, creed, race, color,
sex, sexualorientation, national origin, marital status, disability, military status, arrest record,
conviction record, domestic violence victim status, gender identity/expression, predisposing genetic
disposition, and any other state or federal protected status.

##. Discriminatory Practices.
A person must not because of the age, creed, race, color, sex, sexual orientation, national origin,
marital status, disability, military status, arrest record, conviction record, domestic violence victim
status, gender identity/expression, or predisposing genetic disposition of a qualified individual, or
because of any reason that would not have been asserted but for age, creed, race, color, sex, sexual
orientation, national origin, marital status, disability, military status, arrest record, conviction record,
domestic violence victim status, gender identity/expression, or predisposing genetic disposition

(1)

-

For an employer:
Fail or refuse to hire, fail to accept the services of, discharge any individual, or otherwise
discriminate against any individual with respect to compensation, terms, conditions, or

(A)

privileges of employment; or
Limit, segregate, or classify employees in any way that would deprive or tend to affect
adversely any individual's employment opportunities or status as an employee;
For an employment agency: fail or refuse to refer for employment, assign job classifications to,
classify or refer for employment, or otherwise discriminate against, any individual;
For a labor organization:
(A) Exclude or expel from its membership, or otherwise discriminate against any individual;
(B) Limit, segregate, or classify its membership or classify, or fail or refuse to refer for
employment, any individual in any way that would deprive or tend to deprive any
individual of equal employment opportunities, or affect adversely the individual's
employment opportunities or status as an employee or as an applicant for employment;

(B)
(21
(3)

(C)
(4)

(b)

or

to cause an employer to discriminate against an individual in violation
of this division; or
For an employer, labor organization, or joint labor-management committee controlling
apprenticeship or other training programs: discriminate against any individual in admission to,
or employment in, any program established to provide apprenticeship or other training.
Cause or attempt

lt shall be an unlawful discriminatory practice under this division for an employer, licensing agency,
employment agency or labor organization to refuse to provide reasonable accommodations to the
known disabilities of an employee, prospective employee or member in connection with a job or
occupation sought or held or participation in a training program.

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p.26

 (1)

Nothing contained in this subdivision shallbe construed to require provision of
accommodations which can be demonstrated to impose an undue hardship on the operation of
an employer's, licensing agency's, employment agency's or labor organization's business,
program or enterprise. ln making such a demonstration with regard to undue hardship the
factors to be considered include:
(A) The overall size of the business, program or enterprise with respect to the number of
employees, number and type of facilities, and size of budget;

(c)

(B)

The type of operation which the business, program or enterprise is engaged in, including

(C)

the composition and structure of the workforce; and
The nature and cost of the accommodation needed.

lt shall be an unlawful discriminatory practice for an employer, licensing agency, employment agency
or labor organization to:
(1) Retaliate against any person for:
(A) Lawfully opposing any discriminatory practice prohibited under this division; or
(B) Filing a complaint, testifying, assisting, or participating in any manner in an investigation,
proceeding, or hearing under this division;
(21 Assist in, compel, or coerce any discriminatory practice prohibited under this division;
(3) Obstruct or prevent enforcement or compliance with this division; or
(4) Attempt directly or indirectly to commit any discriminatory practice prohibited under this
division.

(d)

lt shall be an unlawful discriminatory practice under this division for an employer, licensing agency,
employment agency or labor organization to print, circulate, publish, display, or cause to be printed,
circulated, published, or displayed any notice or advertisement indicating any preference, limitation,
or specification based age, creed, race, color, sex, sexual orientation, national origin, marital status,
disability, military status, arrest record, conviction record, domestic violence victim status, gender
identity/expression, or predisposing genetic disposition relating to:
(A) Employment by an employer;
(B) Membership in or any classification or referral for employment by a labor organization;

(C)
(D)
(e)

(f)

or
Any ilassification or referral for employment by an employment agency.
This subsection does not prohibit a notice or advertisement from indicating a preference,
limitation, or specification that is a bona fide occupational qualification for employment
reasonably necessary to the normal operation of the particular business or enterprise.

lt shall be an unlawful discriminatory practice for any person engaged in any activity covered by this
division to discriminate against a blind person, a hearing impaired person, or a person with a
disability on the basis of his or her use of a service dog.
lt shall be an unlawful discriminatory practice for an employer to:

(1)

Engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature to a domestic worker when:
(A) Submission to such conduct is made either explicitly or implicitly a term or condition of
an individual's employment;
(B) Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
(C) Such conduct has the purpose or effect of unreasonably interfering with an individual's
work performance by creating an intímidating, hostile, or offensive working environment.

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p,27

 (2)

Subject a domestic worker to unwelcome harassment based on gender, race, creed or national
origin, where such harassment has the purpose or effect of unreasonably interfering with an
individual's work performance by creating an intimidating, hostile, or offensive working

environment.

(g)

lt shall be an unlawful discriminatory practice for an employer, labor organization, employment
agency or any joint labor-management committee controlling apprentice training programs to:
(1) Select persons for an apprentice training program registered with the state of New York on any
basis other than their qualifications, as determined by objective criteria which permit review;
(21 Deny to or withhold from any person because of race, creed, color, national origin, sexual
orientation, military status, sex, age, disability, gender identity/expression, or marital status,
the right to be admitted to or participate in a guidance program, an apprenticeship training
program, on-the-job training program/ executive training program, or other occupational
training or retraining program; or
(3) Discriminate against any person in his or her pursuit of such programs or to discriminate
against such a person in the terms, conditions or privileges of such programs because of age,
creed, race, color, sex, sexual orientation, national origin, marital status, disability, military
status, arrest record, conviction record, domestic violence victim status, gender
identity/expression, or predisposing genetic disposition.

Sec. ##. Exemptions.

(a)

Notwithstanding any other provision of this division, it is not an unlawful employment practice for a
religious corporation, association, or society to hire and employ employees of a partlcular religion.

(b)

Nothing in this division shall create an employment retationship between an employer and an intern
for the purposes of Articles 6,7, !9, or L9 of New York State Labor Law.

Sec. ##. Notice

(a)

(b)

(c)

to be Posted; Reports and Records.

Every employer, employment agency, and labor organization in Tompkins County must keep posted
in conspicuous places on its premises, where notices to employees, applicants for employment, and
membership are customarily posted, a notice in the form and language approved by the Office,
summarizing the pertinent provisions of this division and how to file a complaint.
Every employer, employment agency, and labor organization, subject both to this division in
Tompkins County and to title Vll of the Civil Rights Act of 1964, must furnish if requested by the Office
all reports that are required by the Equal Employment Opportunity Commission established under
the Civil Rights Act of 1964.
Every employer, employment agency, and labor organization subject to this division must preserve all
regularly kept personnel or employment records (including application forms submitted by applicants
and other records having to do with hiring, promotion, demotion, transfer, layoff or termination rates
of pay or other terms of compensation and selection for training or apprenticeship) for the term of
the employee's employment and a period of six (6) months following termination of employment.
Where a charge of discrimination has been filed against an employer, employment agency, or labor
organization under this division, the respondent must preserve all personnel records, including
employment applications, relevant to the charge or action until final disposition of the charge or

action.

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 Sec.

(a)

##. Reports and Records of Person Under lnvestigation.
ln connection with any investigation of a complaint filed under this division, the Director or the
Director's designee may:
(1) Request the reports and relevant records of any person being investigated or proceeded
against that:

(21

(A)
(B)

May relate to employment practices prohibited by this division; and
Are relevant to matters raised in the complaint or similar matters; and
lnterview any persons necessary in carrying out the purposes of this division.

Subdivision C: Arrest and Prior Conviction Discrimination in Emplovment
Section ##. Scope.

(a)

Discriminatory practices as defined in this subdivision are contraryto the public peace, health, safety,
and general welfare and are prohibited by the County in the exercise of its police power.

(b)

Unless the context otherwise requires, "discriminatory practice" includes "arrest record and/or prior

conviction discrimination."

(c)

Categories of protection provided under this subdivision include a person's arrest and conviction

record.

Section##. Definitions.

(a)

"Applicant" means any person considered or who requests to be considered for employment or
internship by an employer, vendor, or contractor.

(b)

"Employer" means any person who employs four or more individuals in the County, either for
compensation or as a volunteer. Employer includes a person who recruits an individual in the County
to apply for employment in the County or elsewhere.

(c)

"Employment" means any work for pay or for internship status, including temporary or seasonal
work, contracted work, contingent work, and work through the services of a temporary, job
placement, referral, or other employment agency, for any work or position for which the primary
place of work is located within Tompkins County. "Employment" shall not, for the purposes of this
subdivision, include employment by any government law enforcement agency or any position
classified as a "police officer" or "peace office/' pursuant to New York State Criminal Procedure Law
(cPL).

(d)

"lnterview" means any direct contact by the employer with the applicant, whether in person or by
telephone, to discuss the employment being sought or the applicant's qualifications.

(e)

"Prior conviction" means entry of a plea of guilty, or
offense in this state or any other jurisdiction.

(f)

"Vendo/' means any vendor, contractor, or supplier of goods or services to Tompk¡ns County,
including vendors located outside Tompkins County limits.

Tompkins County Anti-Discriminatron Law

a

verdict of guilty, for a misdemeanor or felony

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p.29

 Section ##. Discriminatory Practices.

(a)

lt shall be an unlawful discriminatory practice under this subdivision for any employer, including the
County and any political subdivision thereof, to deny any license, employment, or internship to any
individual by reason of his or her having been convicted of one or more criminal offenses, or by
reason of a finding of a lack of "good moral character" which is based upon his or her having been
convicted of one or more criminal offenses, when such denial is in violation of the provisions of
Article 23-A of the New York State Correction Law. Further, there shall be a rebuttable presumption
-in
favor of excluding from evidence the prior incarceration or conviction of any person, in a case
alleging that the employer has been negligent in hiring or retaining an applicant, employee, or intern,
or supervising a hiring manager, if after learning about an applicant or employee's past criminal
conviction history, such employer has evaluated the factors set forth in CPL Section752, and made a
reasonable, good faith determination that such factors militate in favor of hire or retention of that
applicant, employee, or intern.

(b)

lt shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for
any employer, including the County and any political subdivision thereof, to make any inquiry about,
whether in any form of application or otherwise, or to act upon adversely to the individual involved,
any arrest or criminal accusation of such individual not then pending against that individual which
was followed by a termination of that criminal action or proceeding in favor of such individual, as
defined in CPL Section 160.50, or by a youthful offender adjudication, as defined in CPL Section
720.35, or by a conviction for a violation sealed pursuant to CPL Section 160.55, or by a conviction
which is sealed pursuant to CPL Section 160.58, in connection with the licensing, employment or
providing of credit or insurance to such individual; provided, further, that no person shall be required
to divulge information pertaining to any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of that criminal action or
proceeding in favor of such individual, as defined in CPL Section 160.50, or by a youthful offender
adjudication, as defined in CPL Section72O.35, or by a conviction for a violation sealed pursuant to
CPL Section L60.55, or by a conviction which is sealed pursuant to CPL Section 160.58.

(c)

lt shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for
any person, employer, agency, bureau, corporation or association located in Tompkins County,
including the County, its vendors, and any political subdivision thereof, to make any inquiry regarding
or pertaining to an applicant's prior criminal conviction on any initial employment application.
Consideration of an applicant's prior criminal conviction(s) shall take place only after an employment
application is submitted and after any initial employment interview.

(d)

lt shall be an unlawful discriminatory practice under this division for an employer, licensing agency,
employment agency or labor organization to print, circulate, publish, display, or cause to be printed,
circulated, published, or displayed any notice or advertisement indicating any limitation based on
arrest or conviction record relating to:

(A)
(B)

Employment by an employer;
Membership in or any classification or referral for employment by a labor organization;

(C)
(D)

Any classification or referral for employment by an employment agency.
This subsection does not prohibit a notice or advertisement from indicating a preference
for applicants based on prior conviction record.

or

Tompl<ins County Anti-Discrimination Law

DRAFT: 6/30/1s

p. 3o

 Section ##. Prior Conviction Screening Standards.

(a)

lt shall be an unlawful discriminatory practice for the County, its vendors, and any employer located
within County limits to make any inquiry regarding, or to require any person to disclose or reveal, any
criminal conviction during the application process. The "application process" shall be deemed to
begin when the applicant inquires about the employment sought and shall end when an employer
has conducted an initial employment interview or made a conditional offer of employment.

(b)

lf an employer does not conduct an interview, that employer must inform the applicant whether
criminal background check will be conducted before employment is to begin.

(c)

Any employer hiring for licensed trades or professions, including positions such as interns and
apprentices for such licensed positions, may make an inquiry of applicants about prior criminal
convictions if such inquiry is required by a licensing authority or by New York State or federal law.

(d)

Any employer hiring for positions where certain convictions are a bar to employment in that position
under New York State or federal law shall not be prohibited from making inquiries about those
convictions during the application process.

(e)

Any employer shall comply with Article 23-A of the New York State Correction Law and the Fair Credit
Reporting Act, 15 U.S.C. 5 1681 et seq., when considering an applicant's prior criminal convictions in
determining suitability for employment. ln accordance with Article 23-4, nothing in this subdivision
shall be construed to limit an employer's authority to withdraw conditional offers of employment for
any lawful reason, including the determination that the candidate has a conviction that bears a direct
relationship to the duties and responsibilities of the position sought, or that hiring would pose an
unreasonable risk to property or to the safety of individuals or the general public.

(f)

ln compliance with Executive Law Section 296, Subdivision L6 (NYS Human Rights Law), and the
Family Court Act, employers are prohibited from asking at any time for applicants to disclose
information about any arrest that resulted in a youthful offender adjudication pursuant to CPL
Section 720.35; any arrest that was processed as a juvenile delinquency proceeding ín Family CourÇ
any arrest that resulted in a sealing pursuant to CPL Sections 1-60.50 or 160.55; any conviction that
was sealed pursuant to CPL Section L60.58,.unless said inquiry is specifically required or permitted by
New York State or federal law.

a

Sec. ##. Exemptions.

(a)

The prohibitions of this subdivision shall not apply if the inquiries prohibited herein are specifically
authorized by any other applicable law.

(b)

The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in
relation to the regulation of guns, firearms, and other deadly weapons or in relation to an application
for employment as a "police officer" or "peace office/' as those terms are defined in CPL Sections
1.20 or 2.10; provided further that the provisions of this subdivision shall not apply to an application
for employment or membership in any law enforcement agency with respect to any arrest or criminal
accusation which was followed by a youthful offender adjudication, as defined in CPL Section720.35,
or by a conviction for a violation sealed pursuant to CPL Section 160.55, or by a conviction which is
sealed pursuant to CPL Section 160.58.

Tompkins County Anti-Drscrimination Law

DRAFT: 6/30/1s

p.31

 Sec. ##. Enforcement

(a)

Any person aggrieved by a violation of this subdivision may commence a civil action or proceeding for
injunctive relief, damages, or other appropriate relief in law or equity against any person or employer
who violates this subdivision. ln any such action or proceeding, the court may allow the party
commencing such action or proceeding, if such party prevails, costs and reasonable attorney's fees as
part of the relief granted.

(b)

Any action brought for violation of this subdivision must be commenced within one year after the

alleged violation.

(c)

The remedies provided herein shall be separate and distinct from remedies provided in other laws,
rules or regulations and shall not be construed by any court to be a prerequisite to an action or
.proceeding commenced pursuant to such other laws, rules or regulations. The provisions of this
subdivision shall not be construed to diminish the rights of an applicant under any other law.

(d)

The County Attorney may, in his or her discretion, bring an action to restrain or prevent any violation
of this subdivision or any continuance of any such violation, in any court of competent jurisdiction,
and may further seek the imposition of the following penalties or a combination thereof:
A penalty of $500 for the first violation of this subdivision;
A penalty of S1,000 for each subsequent violation of this subdivision.

(1)
(21

DIVISION
Sec.

3.

DISCRIMINATION IN PUBLIC ACCOMMODATIONS

##. Scope.

(a)

Discriminatory practices as defined in this subdivision are contrary to the public peace, health, safety,
and general welfare and are prohibited by the County in the exercise of its police power.

(b)

Unless the context otherwise requires, "discriminatory practice" includes "public accommodation
discrimination."

(c)

Categories of protection provided under this division include a person's race, color, sex, marital
status, creed, national origin, disability, military status, sexual orientation, gender
identity/expression, and any other state or federal protected status.

(d)

ln this division, "public accommodation" includes any service, program, or act¡vity in the County
offered to or used by the general public, either with or without charge.

Sec.

(a)

##. Discriminatory Practices.
lt shall be an unlawful discriminatory practice for an owner, lessee, operator, manager, agent, or
employee of any place of public accommodation to make any distinction with respect to any person
based on race, color, sex, marital status, creed, national origin, disability, militarystatus, sexual
orientation, or gender identity/expression in connection with:
(1) Admission;
(21 Service or sales; or
(3) Price, quality, or use of any facility or service.

Tompkins County Anti-Discfl minatlon Law

DRAFT: 6/30/15

p. 32

 (b)

lt shall be an unlawful discriminatory practice for an owner, lessee, operator, manager, agent, or
employee of any place of public accommodation display, circulate or publicize or cause to be
displayed, circulated or publicized, directly or indirectly, any notice, communication, or
advertisement that states or implies:
(1) Any distinction in the availability of any facility, service, commodity, or activity related to the
accommodation that would violate paragraph (a), or
(2) That the patronage or presence of any person is unwelcome, objectionable, unacceptable, or
not desired or solicited on account of any person's race, color, sex, marital status, creed,
national origin, disability, military status, sexual orientation, or gender identity/expression.

(c)

lt shall be an unlawful discriminatory practice for an owner, lessee, operator, manager, agent, or
employee of any place of public accommodation to retaliate against any person because that person
(1) Lawfully opposed any discriminatory practice under this division; or
(2) Filed a complaint, testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under this division.

(d)

lt shall be an unlawful discriminatory practice for an owner, lessee, operator, manager, agent, or
employee of any place of public acçommodation to:

(1)
(21
(3)
(e)

Assist in, compel, or coerce any discriminatory practice under this division;

Obstruct or prevent enforcement or compliance with this division; or
Attempt directly or indirectly to commit any discriminatory practice under this division.

lt shall be an unlawful discriminatory practice for an owner, lessee, operator, manager, agent, or
employee of any place of public accommodation to refuse to make any reasonable modification that
would give a person with a disability equal opportunity to use and enjoy the public
accommodation. Such discriminatory practices shall include:
(1) A refusal to make reasonable modifications in policies, practices, or procedures, when such
modifications are necessary to afford facilities, privileges, advantages or accommodations to
individuals with d¡sabilities, unless such person can demonstrate that making such
modifications would fundamentally alter the nature of such facilities, privileges, advantages or
accommodations;
(21 A refusal to take such steps as may be necessary to ensure that no individual with a disability is
excluded or denied services because of the absence of auxiliary aids and services, unless such
person can demonstrate that taking such steps would fundamentally alter the nature of the
facility, privilege, advantage or accommodation being offered orwould result in an undue
burden;
(3) A refusal to remove architectural barriers, and communication barriers that are sÍuctural in
nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger
cars used by an establishment for transporting individuals (not including barriers that can only
be removed through the retrofitting of vehicles or rail passenger cars by the installation of

(4)

a

hydraulic or other lift), where such removal is readily achievable; and
Where such person can demonstrate that the removal of a barrier under subparagraph (3) of
this section is not readily achievable, a failure to make such facilities, privileges, advantages or
accommodations available through alternative methods if such methods are readily achievable.

(A)

"Readily achievable" means easily accomplishable and able to be carried out without
much difficulty or expense. ln determining whether an action is readily achievable,
factors to be considered include:

(i)

The nature and cost of the action needed under this division;

ïompkins County Anti-D¡scriminatron Law

DRAFT: 6/30/15

p. 33

 (ii)
(iii)

The overallfinancialresources of the facility orfacilities involved in the action; the
number of persons employed at such facility; the effect on expenses and resources
or the impact otherwise of such action upon the operation of the facility;
The overall financial resources of the place of public accommodation; the overall

the business of such a place with respect to the number of its employees;
the number, type and location of its facilities; and
The type of operation or operations of the place of public accommodation,
including the composition, structure and functions of the workforce of such place;
the geographic separateness, administrative or fiscal relationship of the facility or
facilities in question to such place.
size of

(iv)

(B)

"Auxiliary aids and services" include:
(¡) Qualified interpreters or other effective methods of making aurally delivered
materials available to individuals with hearing impairments;
(¡i) Qualified readers, taped texts or other effective methods of making visually
delivered materials available to individuals with visual impairments;
(iii) Acquisition or modification of equipment or devices; and
(iv) Other similar services and actions.

Section ##. Exemptions.

(a)

This division does not apply to accommodations that are distinctly private or personal.

(b)

Nothing in this division shall be construed to prevent the barring of any person, because of the sex of
such person, from places of public accommodation, if the division grants an exemption based on
bona fide considerations of public policy; nor shall this division apply to the rental of rooms in a
housing accommodation which restricts such rental to individuals of one sex.

DIVISION
Sec.

(a)
Sec.

(a)

4:

SPECIAL JURISDICTION DISCRIMINATION

##. Scope.
Discriminatory practices as defined in this subdivision are contrary to the publíc peace, health, safety,
and general welfare and are prohibited by the County in the exercise of its police power.

##. Discriminatory Practices.
lt shall be an unlawful discriminatory practice for any public school or private school, education
corporation, or association which holds itself out to the public to be non-sectarian and exempt from
taxation pursuant to the provisions of Article 4 of the New York State Real Property Tax Law to deny
the use of its facilities to any person otherwise qualified, or to permit the harassment of any student
or applicant, by reason of his or her race, color, creed, disability, national origin, sexual orientation,
military status, sex, age, gender identity/expression, or marital status.

Tompkrns County Anti-Discrimination Law

DRAFT: 6/30/1,5

p. 34

 (b)

lt shall be an unlawful discriminatory practice for any fire department or fire company therein,
through any member or members thereof, officers, board of fire commissioners or other body or
office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic
practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise,
to deny to any individual membership in any volunteer fire department or fire company therein, or to
expel or discriminate against any volunteer member of a fire department or fire company therein,
because of the age, creed, race, color, sex, sexual orientation, natíonal origin, marital status,
disabilíty, military status, arrest record, conviction record, domestic violence victim status, gender
identity/expression, or predisposing genetic disposition of such individual.

Tompl<ins County Anti-Discnmination Law

DRAFT: 6/30/15

p. 35

 Exhibit 45

Joe Mareane

From:
To:

Baer, Karen
Douglas, James; Wood, Jonathan; Younger, Paula
Mareane, Joe
71212015 B:14 AM
Re: DraftofTC Local Law

GC:
BG

Datei
Subject:

Karen,
Thanks for preParing this draft.
go over the details and implications of
l,d like to convene r"ãt¡ng ;ith you, Jonathan, Paula, and me to
"
this, particularly in light of funding constraints'
When will you be back from vacation?
Joe

>>> Karen Baer 613012015 1:21 PM >>>
Dear folks

-

My To-Do List is shrinking'
Best, Karen

Karen W. Baer, Director
Tompkins County Office of Hlrytn Rig.hts
120 Martin Luther King, Jr.M/. State St.
Ithaca, New York 14850

Tel:607.277.4080
Fax: 607.277.4106
Email: kbaer@tomPkins-co.org

 Exhibit 46

Page 1 of

1

Joe Mtrareane - Re: Dn'aft of T'C [.oca! Law
..

:,.a -- ..1:::;

.

1: i !,i

From:

Karen Baer

To:

Joe Mareane

Date:

7/2/20Ls 8:514M

Subject:

Re: Draft

CC:

James Douglas; Jonathan Wood; Paula Younger

':

::l:l:::

,1:--,..

.i:-,

':.

ofTC Local Law

Joe,

i will be back in the office on July 30, but can easily be available for a meeting via iPhone facetime or skype at
any time while I'm away.
Best, Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State 5t.
Ithaca, New York 14850
Tel: 607.277.4Q80

rax!aol.zll.4106

:

Email : kbaer@tom pkins-co.org

>>

> Joe Mareane 7 /2/20L5 8:14 AM > > >

Karen,

Thanks for preparing this draft.

I'd like to convene a meeting with you, Jonathan, Paula, and me to go over the details and implications of this,
particularly in light of funding constraints.
When will you be back from vacation?
Joe

> Karen Baer 6/30/2015 t:2L PM
Dear folks ->>

>>>

My To-Do List is shrinking
Best, Karen

l(aren W. Baer, Director
Tompkins County Office of Human Rights
L20 Martin Luther l(ing, Jr./W. State St.
Ithaca, New York 14850
f el: 607.277.4O80
taxi 647.277.41'06
Email : kbaer@tom plcins-co,org

file:lllC:lUsers/JMAREANE/AppData/LocaVTemplXPGrpWise/5594FB96countyDOcou...

Ill22l20l5

 From:
To:
CC:
Date:

Subject:

Joe Mareane
Baer, Karen; Moskal, Jannica
Murphy, Erin; Wood, Jonathan; Younger, Paula
81121201510:05 AM

Re: Fwd: Meeting wíth JM and JW

Agreed.
(BTW, Jannica is on vacation this week, and back next).
>>> Karen Baer 811212015 10:00 AM >>>
I'm just recalling that Paula should also be present for this meeting.
Best, Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New York 14850

Tel: 607.277.4080
Fax: 607.277.4106
Email: kbaer@tompkins-co.org

>>> Karen Baer 811212015 9:57 AM >>>
Good morning, Jannica.
Joe has asked that I schedule a 90-minute meeting with him and Jonathan in the next few days. Topic:
Draft of Local Anti-Discrimination Law. Let me know the best way to make that happen.
Best, Karen
Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New York 14850
Tel 607.277.4080
Fax: 607.277.4106
Email: kbaer@tompkins-co.org

 Frorn:

Erin Murphy

To:

Joe Mareane; Jannica Moskal; Karen Baer
Jonathan Wood; Paula Younger

CC:
Date:

81121201510:09 AM

Subject:

Re: Fwd: Meeting with JM and JW

Fyl - Jonathan is doing an arbitration all day tomorrow, Friday and Monday. He's pretty much free from
Tuesday through Friday of next week.
>>>

on

8t1212015 at 10:05 AM, in message <55C85296.60D : 181 i29057>, Joe Mareane wrote:

Agreed.
(BTW, Jannica is on vacation this week, and back next).
>>> Karen Baer 8t12t20151 0:00 AM >>>
I'm just recalling that Paula should also be present for this meeting.

Best, Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr.M/. State St'
Ithaca, New York 14850

Tel:607.277.4080
Fax:,607.277.41Q6
Email: kbaer@tompkins-co.org

>>> Karen Baer 811212015 9:57 AM >>>
Good morning, Jannica.

Local AntiJoe has asked that I schedule a 9o-minute meeting with him and Jonathan in the next few days. Topic: Draft of
Discrimination Law. Let me know the best way to make that happen.

Best, Karen

Karen W. Baer, Director

Tompkins County Office of Human Rights

 From:
To:
GC:

Jannica Moskal
Erin Murphy; Jt
Jonathan Wood

Date:

8fi7DA15 8:56,

Subject

Re: Fwd: Meetir

How does Tuesday, 2:00 Pm B/1

".fannica lVüoskal

Administration Specialist

Tompkins County Administration
125 E. Court Street
Ithaca, NY 14850
tel: 607-274-5551
e-mail: jmoskal@tompkins-co.orç

>>> Karen Baer 811212015 3:29
I am in interviews all next week,

F

€

Best, Karen

Karen W. Baer, Director
Tompkins County Office of Huma
120 Martin Luther King, Jr./W. Sti

Ithaca, New York 14850
Tel6A7.277.4080
Fax:607.277.4106
Email: kbaer@tompkins-co.org

>>> Paula Younger 811212015 3:2
Best options for me: 8/17 before 1

time! P>>> Erin Murphy 81121201510:09

FYI - Jonathan is doing an arbi
free from Tuesday through Fric
>>> On 811212015 at 10:05 AM, ir

Agreed.

(BTW Jannica is on vacation this
>>> Karen Baer 811212015 10:00,
I'm just recalling that Paula should

Best, Karen

 Exhibit 47

Fror¡r:

To:
GC:

EC

Ðate:

Subject:

Joe Mareane
Baer, Karen
Wood, Jonathan; Younger, Paula
Mareane, Joe
101131201510:08 AM
Draft Human Rights Law

Karen,

At the meeting with Jonathan, Paula, you, and I to discuss the draft human rights law,
that additiona! options be developed for review
Have you had a chance to develop any such options?
lf so, please let me know so that we can reconvene to review them.
Thanks,
Joe

it was suggested

 Exhibit 48

From:
To:
GG:
Date:
Subject:

Karen Baer

Joe Mareane; Jonathan Wqod; Paula Younger
)(avier Rusk
111212015 9:38 AM
Re: Draft Human Rights Law

like,some clarity
Hi, all. Before re-visiting the issue of the Human Rights Law redraft, I really would
and/or address
articulate
to
one
the
being
ðomfortable
feel
don't
I
are.
issues
your
ouãràil
reöàro¡ng what
or previously
them
share
tñã ioncËrns you all raiãel'at our August l Bth meeting, especially since I don't
was aware of them
Best, Karen

Karen

W

Baer, Director

Tompkins County Office of Human Rights
120 Martin Luther King; Jr.AÂ/. State St'

Ithaca, New York 14850
Tel:607.277.4080
Fax:607.277.4106
Emai l: kbaer@tomPkins-co.org

>>> Karen Baer 10120t201510:49 AM >>>
clarification
Hi, toltié. xàv¡er and I are preparing to respond to this matter in the coming days. For
you
concerns
various
of
the
reminder
a
written
prtporã., I'm asking that ybu þtease provìde us with
advance.
in
Thanks
meeting'
lBth
August
iãiËeO reéar¿ing thãpropósed'local law at our
Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.

Ithaca, New York 14850
Tel: 607.277.4080
Fax: 607.277.4106
Emai l: kbaer@tomPkins-co.org

>>> Joe Mareane 101131201510:08 AM >>>
Karen,
suggested
At the meeting with Jonathan, Paula, you, and I to discuss the draft human rights law, it was
review.
for
developed
be
that additional options

Have you had a chance to develop any such options?
lf so, please let me know so that we can reconvene to review them,
Thanks,
Joe

 Exhibit 49

Page 1 of2

Joe Mianeane - Re: Dnaft Hu¡man Rigftets Law
i--_ri:i:-"::Ltr:1'i':-'-:--:::1_31!il--l:-:-_'i:r_

,--.r'.-.:,.:1'.i.::Ì:,.--ùr!';:l-.j1-i-:-lr-g'

From:

Joe Mareane

To:

Baer, Karen; Wood, Jonathan; Younger, Paula

Date:

It/j /2015 5:37 PM

Subject:

Re: Draft Human Rights Law

CC:

Rusk, Xavier

BC:

Mareane, Joe

_

Karen,

Sorry for not getting back to you sooner on this. It's been quite busy.

you requested that I refresh your recollection of the meeting at which Jonathan, Paula, you, and I met to discuss
the draft Human Rights law.
The core question we raised was whetherthe County should create a system that duplicates
particularly as it relates to shifting the responsibility for
already exists at the State level
investigation, adjudication, and enforcement from the State to the County.

allthat

-

That question raises at least three others:

I.
Z.
3.

What is the problem the new law is intended to solve?
ls the proposed solution proportionate to the problem? You recall our discussion about the
proposed solution seeming to be at the extreme end of the spectrum of potential solutions.
What isthe desired and appropriate role of the County's Human Rights Office: an alternative
to the State as a regulatory and enforcement agency, or a vehicle for education, outreach, and
conciliation and to assist those who wish to file a State or Federal complaint.

During our meeting, we asked that you return with other alternatives for consideration, including
those that would allow the County to assume a role more closely aligned with where things stood
prior to the lapse ofthe State contract several years ago.

this helps clarify our earlier meeting and assists with the requested development of additional
options.
I hope

Thanl<s,
Joe

>>

> Karen Baer 1l/2/2015 9:38 AM

>>>

Hi,all. Beforere-visitingtheissueoftheHumanRightsLawredraft,Ireallywouldlil<esomeclarityregarding
what your overall issues are. I don't feel comfortable being the one to articulate and/or address the concerns
you all raised at our August L8th meeting, especially since I don't share them or previously was aware of them.
Best, Karen

fiIe:lllC:ltJsers/JMAREANE/AppData/LocaVTemplXPgrpwise/S63E36E9countyDOcoun...

I2l3Il20I5

 Page2 of2

l(aren W. Baer, Director
Tornpkins County Office of Human Rights
L20 Martin Luther l(ing, Jr./W. State St.
Ithaca, New York 14850
Tel: 607.277.4080

tax:

607 .277

.4106

Email: kbaer@tompkins-co.org

> Karen Baer L0/20/2015 L0:49 AM > > >
Hi, folks. Xavier and I are preparing to respond to this matter in the coming days. For clarification purposes, I'm
asking that you please provide us with a written reminder of the various concerns you raised regarding the
proposed local law at ourAugust L8th meeting. Thanks in advance.
>>

Karen

Karen W. Baer, Director
Tompkins County Office of Human Rights
120 Martin Luther King, Jr./W. State St.
Ithaca, New York L4850
Tel: 607 .277.408A
Fax:607 .277.4t06

Email: kbaer@tompkins-co.org

>>

> Joe Mareane t0/13/2015 l-0:08 AM > > >

Karen,

At the meeting with Jonathan, Paula, you, and I to discuss the draft human rights law, it was suggested that
additional options be developed for review.
Have you had a chance

to develop any such options?

If so, please let me know so that we can reconvene to review them
Tha nks,

Joe

fúe:lllC:lUsers/JMAREANElAppData/Local/Temp/)(Pgrpwise/5 63E36B9coLrntyDOcoun... 1213112015

 Exhibit 50

2015104102 04:00 PM Health

arr

Human Services Committee Unknown Tompkins Cou... Page I of 4

kìns

lnclusioa lhrough

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Download Document

@

Health ¡nd Humon Services Committee
Regular lvleeting Minutes - Approved 5-7-t5
Thursday, April 2, 2015 4:00 PM
Legislature Chambers

Attendînce

.

4ttendee

Name .

Title

.,

PgPlr!s

Chair
.Viæ Cirai¡

Peter Stein

-'

K-átLi.Lu,Herrera

Membe¡

Carol Chock

'

Excused

rr¡"-¡ãi

r.*t¡,n ¡lgnelI]¡ÇqrtU*9
Will Burbank

-Lãe-

Dmiel Kleín

Present

4:07
4;07 PN

¡oe Maeand

--

Present

--..lr.tiiiaçsr9v-

-

.

-

-4si9

D-irector,of

t{¡¡q¡!l

Frmk Kruppa

Hmm

ghts
Director of Youth Services

Ka¡en Bae¡

-..-

-Ri

Present
,Ìle.s9_tr!
Present
Present

Guest6: Pât Pryor, Jamila Simon, Dave McNmara"
School; Miles Cigolli, HOLT Architects

Hmu

Rights Commission; Mådison Rsbenstein, Trumansbug High

Call to Order
N,fr. Stein, Chai¡, called the meeting to order at 4:05 p.m. [Mr. Lane as Chair of the Legislature appointed
Legislator Klein to serye as a member until there was a quorum.]

Nlinutes Aoorov¡l
3/5/2015 Minute¡

RESULT:

ACCEPTED IUNANIMOUSI

MOVER:

Will Burbanl, Member

SECONDER:

AYES:

Dmiel Klein, Temporary Member
:ter Stein,

EXCUSED:

Kathy

Will Burbmk, Dmiel Klein

Lu

Hener4 Cuol Chock,

Lesþ

McBem-Clai¡bome

Clr¡nges to Agenda
Mrs. McBean-Clairbome mived at this time md Mr. Klein was excused.
The

r
.
¡
.
.

Comittee

agreed to add the following items to the agenda:

Resolution: Budget Adjustment for Unity House - Mental Health Departnent (lD 5500)
Resolution: Budget Adjustment for Lakeview - Mental Health Departnent (ID 5499)
Resolution: Budget Adjustment for R¡cker Center - Mental H€alth Department (lD 5498)
Budget Trmsfer: Mental He alth Depârûnent (lnfomation Only)
Appoint¡nents: Human fughts Commission I

Cornments from Conim ittee lllembers

Mr. Burbmk requested consideration of amending the meeting time to 3:30 p.m. due to a conflict with m advisory
board meeting he would like to attend. Mrs. McBe¡n-Clai¡bome said it would not be possible for her to mend her
schedule to accommodate the çhange md it was decided to maintain the 4:00 p.m. start time for the Comittee meetings.
F¡cilities - tlum¡n Services ßuildine Proiect
Resolution: Authorize on Amendment to the 2015-2019 Câpit¡l Progrâm to Incorporote Renovûtiotrs ofthe Mentrl
Ilealth Services Bu¡ld¡ng ût a Cost of $575,000 and to Execute r Contrâct with HOLT Architects for
Rel¡ted Architectural and Engineering Services (ID #5508)

lrttp://tompkinscountyny.iqm2.com/Citizens/FileView.aspx?Type:12&ID:2I25

31312016

 2015104102 04:00 PM Health an'{ Human Services Committee Unknown - Tompkins

RESULT:

RECOMITENDED [3 TO 0l

IVIOVER:

Will Bu¡bank, Member

SECONDER:

AYES:

Peter Stein,

Cou... Page2 of 4

Chûir

:ter Slein, Leslyn McBean-Clai¡l¡ome , Will Burbank

EXCUSED;

Kathy

Lu

Hener4 Cuol Chock

WHEREAS, the Tompkins County Mental Health Seruices Building (the "Building") is a Couty-oMed, 6-story
structure constructed by the Couty in l99t md located at 201 Eåst Green Street in the City oflthac4 New York, and
WHEREAS, over the past several yeils, the Couty has contemplated improvements to the ground floor lobby and
minor modifications on the 6ú floor of the Building that would address workplace violence prevention objectives, resolve
design features that make it difficult for clients md visitors to find their way to staff ofüces, md improve operating
efficiency, md

WHÈREAS, a work group consisting of managers a¡d staff of the Mental Health Deputrnent (the "Departneirt''),
with support from the County's Facilities Division and the consulting architect, HOLT A¡chitects, was orgmized by Mental
Health Comissioner for the purpose of developing a specific plm for improvements to the first floor mrl 6û lloo¡ of the
Building, and
WHEREAS, the work group has developed, and now recommends, a plm to renovate the fust floor lobby area of
the Building in a mmner that will improve customer seruice by creating a centralized reception suite in place of the
cuently unattended entsmce; will improve security by controlling access to the elevator lobby thât is cmently accessible
to ilyone who enters the building; will addrcss several building envi¡oment concems through the addition of exierior
sunshades, energy-efficient lighting, and acoustical Íeaûnents; md will improve operations by colocating certain
administrative staff, md
WHEREAS, a plm for speciño improvcments has been prepued by HOLT Architccts, md

WHEREAS, the total prcject cost of such improvements including architectural, engineering, åtrd constructiotr
consultilt fees, md all associated project expenses has been estimated at approximately $575,000, and

services,

WHEREAS, the ¡ecomended schedule for the projeot would have desigir work completed
conshuction to begin in 20 l5 md be completed by December 20 15, md

in

2015, md fcir

WHEREAS, the Couty Admi¡ist¡ator has advised that the project can be mdertaken within the fnmcial
pumeters cstablished by the updated 2013-2032 CaPital Improvement Plm, ild,
WHEREAS, the Health md Hman Services Comittee md the Budget, Capitâl, md Persomel Committee have
reviewed the schedule ofimprovements md associated costs md find they represent a oost-effective response to the goals of
improvirg operations, olient services, and workplacé security at the Couty Mental Heâlth Sewices Building, now therefore
be

it
RESOLVED, on reiomnìendation of the Health md Humm Services and the Budge! Capital, md Persomel

Comittêes, That

the Capital Prbgram be amehded to include Renovations to the Mental Health Services Building'at a cost

of $575,000,

RESOLVED, furthêr, Th¡t the County AdminisFator or his designee be md hereby is authorized to dxeoute il
agreement with HOLT ArchitÞcts of lthaca, New Yo¡k, for Architectural, Engineering, md Constuction Servioes in
comection with the Mental Health Seroices Building Renovation for an mout trot to exceed $98,000,
.RESOLVED¡ further, That tl¡e Facilities Divisior be authorized to exécute supplemental agreements on behalf of
the County with cumulative value not to excEed l0% of the aforementioired conÍact mout, fmds being available in the
appropriate capital accout.

SEQRACTiON: TYPEtr.20

llteitîl Hetlth
Resolutioir: Budget Adjustment for Unity House - Mentll Health Deprrtment (tD #5500)
RESTJLT:

RECOMMENDED [3 TO ol

MOVER:

Will Burbank, Member
Leslyn McBeu-Clai¡bome,

SECONDER:

ÄYES:
EXCUSED¡

Member

:ter Stein, Leslyn McBean-Clairbome, lVill Bulbank
Kathy Luz Hener4 Cuol Chock

WHEREAS, pursuant to Adminisrative Manual Policy 05-02, budget adjustments exceedíng $5,000 require
Legislative approval, now therefore be it
RESOLVED, on recommendation of the Health md Hmm Services Committee, That the Di¡ecto¡ of Finmce be
directed 1o make the following 2015 budget adjustrnent for the following Seruice Provider:

Acct
4321.43486

Revenue

Title
Office ofMental
Supported Housing

Acct
432t.54400
Appropriûtiotr

Title
1JNITY

Health

Amount
$ 64,900

Fuds
Amount

HOUSE

$ 64,900

http://tompkinscountyny.iqm2.com/Citizens/FileView.aspx?Type:12&ID:2125

313120t6

 2015104102 04:00 PM Health

arr

Tompkins Cou... Page 3 of 4

Human Services Committee Unknown

Explanation: The budgeter.l a¡nount for Unity House is cu[ently $l 12,l 15. This adjuslnent request repros€nts m increæe
in revenue from the New York State Office of Mental Health of $64,900 to be allocated to Unity House fo¡ the 2015
calendæ year. Of this amoun! there is an incrcase per year model rate as well os additional firnding to support short-tem
cdsis nansitional housing units following psychiatric hospitãlization and to be made available to individuals already in the
commuiqr who ue experiencing a behavioral health crisis snd tre ât risk of being homeless or of a psychianic inpatient
ståy, \Vith these additional furds, the total of funding for 2015 is $ 177,0 15.

SEQRA.TI.N: TYPEII-20

r*+*r++ir*

Resolution: Budget Adjustment for Lakeview - Metrtâl Health Department (ID #5499)

RESULT:

RECOMMENDED [3 TO ol

IVIOVER:

Leslyn McBem-Clairbome, Member

Will Burbank, Member

SECONDER:

)ter Stein, Leslyr McBean-Clairbome, Will Burba¡k

AYES:
EXCUSED:

Lu

Kathy

Henera,

Crol

Chock

WHEREAS, pusuant to Administ¡ative Manual Policy 05-02, budget adjustments exceeding $5,000 require
Legislative approval, now therefo¡e be

it

RESOLVED, on recomendation of the Heatth md Hmm Services Committee; That the Dhector of Finmce be
di¡ected to make the following budget adjushnent on his books:

Title

Acct

Revenue

Amount

Adult Supportive

Acct
4332,54400

Housing

$15,940

Titlè

Apo¡opriation

Amount

Adult Supportive Housing
(Lakeview Mental Health)

515,940

Explanation: The budgeted mount for the Adult Supportive Housing Unit (Lakeview Mental Heallh Services) is cmently
$920,233 for 2015. Due to increases in the model rate Aom the Ofhce of Mental Health (OMH) of Suppórted Housing
Beds for Tompkins County, the¡e is an additional $15,940 in the revenue and appropriation lines so that thE aew total
tunding for 20 15 is $936,173.

seqRïcrrox, TYPEu-20

.rir*+r**ir

R€solution: Budget Adjustment for Rûcker Center - Mentâl Heslth Dep¡rtment (ID #5498)

RESULT:

RECOMMENDED [3 TO ol

MOVER:

'vVill Burbank, Member
Leslyn McBem-Clai¡bome, Member

SECONDER:

rt6r Stein, Leslyn McBean-Clâirbome, Will Bu¡bank

AYES:
EXCUSED:

Kathy

Lu

Henera, Crol Chock

WHEREAS, pusuant to Adminisþative Manual Polioy 05-02, budget àdjusfüents exceeding S5,000 require
Legislative approval, now thèrefore be

it

RESOLVED, on recomend¡tion of the Health md Hman Sewices Committee, That the Düector of Finmce be
dirècted tó make the following 2015 budget adjushènt for the following Sewice Provider:

.

Acct
6301.43485

Title

Revenue

Reinveshnent

Aoorooriation

Amouit

Office ofMcntal Health

Acct

6301.54400

Fuds

9249,t17

Title

Amount

Fr^*ffi

DuétotheeliminationoiCOpS
Explanation: ThebuclgetedmountfortheF¡mziskaRackerCenteriscurently$322,517.
supplements, a Medicaid add on revenue stem, attached to the Day TreaÍnent progrm, ud the subsequent convijrsion to
the
Frmziska
Râcker Center needs to be
state
Ai4
the
funds
allocatêd
to
New York State office of Mental Health
increased by $249, I l7 to bring the total allocation for 20 l5 to $5? 1,634.

SEQRACTI.N:
llum¡n

TYPEII'20

*i***r****

Rights Commission

Appointment (Leg. Oflice Use Only)(ID # 5526XID #5526): Advisory Boârd Appointments
RESULT:

RECOMMENDED [3 TO ol

MOVER:

Will Burbmk, Member

SECONDER:

AYES:

Leslyn McBem-Clairbome, Member
:ter Stein,

Lesþ

McBean-Clai¡bome, Will Burbmk

http://tompkinscountyny.iqrn2.com/Citizens/FileView.aspx?Type:12&ID:2125

31312016

 2015104102 04:00 PM Flealth 4n.l Human Services Committee Unknown - Tompkins

DXCUSED:

Cou...

Page 4

of

4

Kathy Luz Henera, Carol Chock

Human Rishts Co¡nmission
lsabelle Ranos; tem expires December3l,20l7
Anâ Ortiz; tem expires December 3 1,2017

llealth Dennrtnient
Resolution: Appropriation from Contingent Fund - Terminal Pny

RESULT:

RECOMMENDED [3 TO 0ì

MOVER:

Will Burbank, Member

SECONDER:
AYES:

-

Herlth Depnrtment (ID #5469)

Leslyn McBem-Clairbome, Member
3ter Stein,

EXCUSED:

Kathy

Leslln McBean-Clairbome, Will Burbank

Lu

Herrer4 Cuol Chock

ìvVHEREAS, the Health Deparünent received a resignation from

a.

Sr. Account Clerk Typist effective January 16,

2015, md

WHEREAS, the Fiscal Policy of Tomþkins County allows allows for reimbusem€nt
Depiltrnent tfuough the Contingent Fund, now therefore be it

of teminal

pay to the

RESOLVED, on recomendation of the Health and Humm Services and the Budge! Capital, md'Persomel
Comittees, That the Director of Finmce is hereby authorized ud di¡ected to make the following bud!¡et appropriation:.

FROM:
TO:

41990.54440
44016.51000529

440 16.58800
SEQR ÁCTION: TYPE II.2O

Contingetrt
Sr.

Fud

$

4,659

Account Cl€rk Typist

2,9't7

1,682
$
t*+t+*{**+

Fringes

Resolution: Appropriation from Contingent Fund - Terminal Pay - Health Department (lD #549?)

RESULT:

RTCoMMENDED f3 TO 0l

MOVER::

Leslyn McBem-Clairbome, Member

SECONDERT

AYES:

rter Stein, Leslyn McBean-Clairbome, Will Burbmk

EXCUSEDi
WHEREAS, the
2015,

Will Bwbank, Member

Kathy
He

Lu

Hener4

Crol

Chock

alth Department received a resignation from a Sr. Public Health

Smituiu

effeótive March 12,

md

.

WHEREAS, the Fiscal Policy of Tompkins County allows for teminal-pay ieimbursement to the defurnent from
the Contingent Fmd, now therefore be it
RESOLVED, on recomendation of the Health ud Humm Seruices md the Budget, Capital, md Personnel
Committees, Tlìat úe Director ofFinmce is hereby authorized and directed to make the following budget appropriation:
FROM:
TO:

41990.54440

44090.51000607

Contingent Fund
s
S¡. Public.Heatth Smita¡im
3,289
$

44090.58800 Fringes

9,111

$

s,822

Ad iournment
On motion the meeting adjoumed at 5:25 p.m.

Welcome to the Tompkins County Leglslature meeting portal. Please submit coiîments to: Legislature@tompklns-co:orq,

http://tomplcinscountyny.iqm2.com/Citizens/FileView.aspx?Type:12&ID:2125

313t20r6

 Exhibit 51

We are rvriting to yon an Executive Sumnary regarcling the current state of the Totnpkins Cotrnly
Human Rights Corl¡rission (Conlnission) in an effort to fincl a resolution to some of the challenges

we've encounte eci. lt's onr hope to schednle

a meeting lvitl'r

you conceming this tlatter,

as

you have

been a charnpion of human rights ancl the Comrnission since its inception. Yottr great r.r'orlc in the

corninunify

ancl

u,ith the Corrunission,

nor.v ancl

in the past, ualce us believe yotl caìlhelp provicle

sup¡rort and insight.

In January 2015, the Corunission eiected Patricia Pryol to serîe

as its Chair.

As a t-ôngstanclilg civil

servant of the Tomplcins County, amo1lg n:auy other accolades, Pat was elected liy ComrnisSiónrrc

rvith the hope that hel tepLrtation
betr,veen the

collrnunity

ancl the

ancl

political expedence .,vouid heþ.,sh'eugthe-n tlreielationship

Conrnission. Instead, what haÊ,iranspiredlas cïeatecl cìivision
Riglits
clivision for

of Talyse Hanrpton, Secretary;

Or¡er the past few nr.onths the Executive C

Amos Maione, Treasurer; and Jarnila

-

has stnrgglecl over hor,v to

ted leadership style and her

mitigate the clamage resulting fi'onr-Ms.

inabilþ

to

vlsron for Torirpkins County. Based on this

recognize the Commission's colleetiYe

struggle, we regretftilly have coütq,to thç conclusion that Ms, Ptyol is not able or lvilling to failly
replesent the intelestsrof the.eôrut-rl,l.sl,9n ot the Office,
:

This suulary,.draftecl by the,Executive Cornmittee chronicles Ms. Pryor's concluct
been harmfrrl to the Conuuission and the good

will we have been cliligently

in the comrnur¡ity. Lr an effort to remedy the damage that has been done
onr luman lights agenda, we

-

the Executive Boarcl

-

it has

been trying to re-establish

ancl to move fotrvarci r,vith

woulcl like to share rvith you oltr intention to

rroice a vote of 'No Conficience' in Ms. Pryor as otìr culrent Chair'.

Onl reasons for a vote of No Confidence inclucle:

ancl horv

 " Ms. Pryor has voiceci her doubts regalcting the need t'or the HRC given the large uumber

of

o¡ganizations cu'rently existing in Tornpkins County that alreacly serve protected groups.

. We have beco¡re iucreasingly alvare that Ms. Pryor nrisuses het' formel political

ancl uorv personal

relatiopships in orcler to flirther he:: personal agencla. Ms. Pryor does ttot, as a tttle, use these for-mel

co¡¡ections in
the

a way that tends

conllunity

to beneltt ol reprcsent tire interests of the Corlrnission, the Office, or

at large.
.t j.

. lvls. Pryor has and continues to malce executive-level clecisions without cotiliäting,the Execr.ìtive
Committee or the Conlnission at large. Then, she assefts to others that Jrer viei¡rs'ale i:eþresentative

of our collective voices anct

experiences.

:

:

. Several months ago Ms. Pryot began a shategy of eng-ed$g witlie=gmnnnity members about the
rvotk of the Cor¡rnission, while purposely separati4grthe C6ry::rssiön-from the rvork of the Office.
This strategy is

a

reflection of her own persoral viêw.-Afif is noT*'i,'opresentative of the Comrnission.
,,,

r,;.,f

ri:",,,,r,

.=lu*-r,.Ë

. ivls, Pryor unilaterally makes ohaneeq,,to Erc-gg¡tive Ii:oard'protocols in order to serve her

or,vn

interests. For example, she unilat.e¡ally usurpedthç,rote of Secretary by ctrafting ancl clish'ibuling the

May

201 5 meeting minutes irr orclei+-for- the

addition, she macie

a

miiutes to reflect her orvn personal views

ancL

agencla.

In

unilatelal exçcutivedecision to amend the Cornnission's nronthly rneeting

scheclule solely to ac9_o¡ornQdate.fu-e¿lsþtor Peter Steids vacation scheclule, without regarcl to

incliviclual Conmissioner'-availabì.lity. The recommendation to meet lvith Legislator Stein lvas
proposed by, a single Cornrnissioner in an email, but was approved by Ms, Pryor without any

additional

iirput.

='.:.

" The Executive Board ancl the Cornrnission at large supports the work of the Office, Prior to lvls,

Plyol's becoming Chair, there

\ivere uo negative aspects regarding the I'vorlcing relationship bet'uveen

the Co¡rmission ancl the Office. The Corunission has been both suppor:tecl by and supportive of the

Dilector and the Office, Ms. Pryol has on many occasions voiced

her- opposition to this

perpetuatecl an atmosphele of tlistmst between the Comrnission and tlie Office,

vìel

ancl has

 " Because of Ms, Pryor's conduct, thele has developect a discouragingly iong list of coürmunily
events that the Conrnission has not participatecl in or snpporlecl. hr aclclition, at every Collmissionrelatecl meeting, Ms, Pryor has asserteci hel personai agenda, which has a cliscottraging aucl clistracting

impact on Comnissioners and our- vision for movilg forward. Many rnonths ago, the Commission's
goal rvas to reestablish iis annual Human fughts Awards Diuner; to ñllly participate in the 2015
Ithaca Festival palade; ancl to holcl a Gender Expression Non-Discrinrination Act (GENDA)-focusecl
pless confereuce. Ever since Ms. Pryor became Chair', ltowever, Commission ouheach efforts have
been put on holcl, with out'normal busiless rernaining at a stanct

still.

,

'',

,

'i

¿'i;irt'.-

:.

"

','.

. No matter the subject of the comnunication Ms. Pryor's emails alwpys refer tothe Offïce of Human
Rights Director and some sort of unresolved conllict. This has plev,ented the'Colúrission from

moving forr,vard with planning ol participating in events that $Upporl hùrnaurights initiatives.

...;.,-:.. ,,
:-":¡''

. There are bluued lines and conflicting witness accolnts

::.

iteoines to Ms. Pryol reconnting
';.!,
rvhat has transpired at meetings and how she coruilirgicates thes-b¡tories to others, especially tvhen
W,'hen

r.':

engagilg r,vith her personal

colleagues.
-

,

"

."=-

'', =''tt,,
.:!-

.
'
ii",',..

''

,- "i,,,,,..
.,:.
. Ms. Pryor albitrarìly sets tirnelin-çs'and'iäseting
.,
li;.
il'
and not that of the collective grouþ,t,. ,,i

,"'

:'':':

il'J

tjm.eÅ

for Conmissioners that best

f,rt

her schedule

:

:

. When Cornnissioners atrd Offrcçsteffdisagree with Ms. Pryor, she uses her fonner political
"'

, 1. l,'

..1 ..i'

netlvorks to unfairty lveiþb in and address the situation. The Executive Board interprets this strategy
as a misuse of,po.,ver and rnàaipulation. Based on Ms. Pryor's behavior, we believe it is irer ultimate
,,i

intention to have speciûc.rnembers of the Office terninated as County employees or at the least
reprimanclecl by hel pglitical allies.

.We lvant to malce it very clear, the Executive Board

cloes not pelceive there to be any irroblem

betrveen the Office of Human Rights and the Human Rights Comrnission. Rather, it is onr vielv that

lvls. Pryor's actions are the sole source of conflict and negativity that is impedirg oul pl'ogress towarcl
aclclressing

hunan rights challenges that Tornplcins Courty resiclents face.

 Otrr goal is for the Comnrission to continue to exist and ñlirction. We ccïtainly recognize that this

action is pt'ovocative. But r,ve also belìeve our inaction

will

leact to the demise of the

Conllission.

There has already been far too much time ancl energy investecl on this sihration.

Therefore, u,e r,vould very ruuch lilce io request a meeting with you in orcler to cliscLrss tliis very urgent
matter. We can be available as eally as this Friday, July 10, 2015 at 9:00 a.m.. For your conrrenience,
we

will be glacl to come to your office at GIAC. If you cannot meet

sorne times that you are available. Thanlc you for your tfune

Executi'r'e Comrnittee. Tompkins County Human Riehts

(qlguþgrs copsideling

as requested, please

with this

matter.. '

Comr4i$,sioL

Jamila Walida Sirnon, Vice Chair, 607.262.6818, irvs62@corn€=1l.edu

',r...
',L

Talyse LaDora Hampton, Secretary, 607.20l,8183, tal
Anros Malone, TLeasurer,

607 .339.7

1.1,,

:

l.r
i

t::

'¡

212,

.;,j

,

1'"..'j
,,'.

..,=:.j.,, :.:,

resi

infonl

'

iJi

...i1'

i,
,

,'

'..,

us

of

 Exhibit 52

From:
To:
BG

Joe Mareane
Baer, Karen
Mareane, Joe; Younger, Paula

Date:

711112015 4:03 PM

Sulrject:
Attachments

Monday Commission Meeting.
E-Board to LMC.pdf

Karen,
The attached has been sent to Legislative leadership by members of the HRC Executive Committee.
It is teffibly ill-conceived and will create problems that exceed whatever benefits are envisioned.
lf the
Commíssion wanted a change, it could have been handled through the ordinary election process in
January rather than this list of charges.

The Commission's intent to draw legislative leaders into its internal conflicts is wildly inappropriate.
Unfortunately, it is too late to pull back.
It's hard to express how disappointed I am that things have reached this very low point.

Joe

 Exhibit 53

To: Tompkins County Legislators
From: Pat Pryor, L50 Scofield Rd., Freeville,

NY L3068; 607-3L9-0507

Re: Human Ríghts Commission

Date: 9/25/20L5
It has come to my attention recently that questions remain in the minds of some Legislators regarding
the circumstances of my resignation from the TC Human Rights Commission, To that end, I would lil<e to
share with you my perspective on the events leadÌng to my resignation.
To this day I can only speculate as to why l(aren Baer got angry with me or why she felt it necessary to
have private conversations w¡th some members of the Commission during which she apparently said

such negative things about me that she convinced other Commissioners that I should resign. While she
seemed to feel perfectly Ol( about talking about me behind closed doors with other Commissioners, she
has consistently refused to sít down with me as an adult and try to worl< out our differences.
The one concrete thing l've been told by l(aren that I did wrong was to talk with Peter Stein about the
fact that l(aren was angry with me. My remarl<s to him took place in the context of a casual
conversation where he asked me how things were going with the Commission. Although my comments
in response were generally positive, I did say to him that l(aren hàd responded very angrily when I
attempted to reach the OHR in time to let staff know that there was a mistake in a.press release that
needed to be corrected before it was sent out. I won't go into all the details here, but if anyone would
like further information l'd be glad to provide the full sequence of events. Peter's response when I
mentioned the incident to him was that he felt he had a good working relationship with Karen and

would I like him to talk with her to see if we could sit down and worl< it out? I said yes, of course, since
she would not respond to me. I felt it was just a simple misunderstanding that could easily be worlced
out with a face-to-face conversation.
At our next Commission meeting I was excoriated by l(aren in a loud, angry voice with her finger jabbing
at me because I had talked with Peter. Subsequently, in a separate meeting, a "Communications
Protocol" that had been prepared ahead of the meetingwas read to me that, in essence, said that
anything said in a Commission meeting stayed in the meeting and was not to be díscussed with anyone
outside the meeting. Another theme of the protocol was that in talking with "outsiders" we were to
only say positíve things, Despite the fact that such dictates are an abrogation of Commission By-laws
and the NY State Open Meetings Law upon which they are based, I was told that if I didn't agree to the
"protocol", it would be taken by Commissioners as evidence that I did not want to "move forward",
During this period of time there had still not been a meeting between Karen and me since l(aren
continued to refúse to meet with me.
I met with ioe Mareane about the situation and indicated to him that I thought there should be a
meetíng between l(aren and me so we could work thíngs out. I said I would meet with her one-to-one,
with Joe as a third party, or with a trained mediator such as someone from CDRC.
Because of the tension in the Commission it was decided to ask a neutral, outside party to Chair one of
our Commission meetings so we could discuss the situation, Leon Lawrence, our previous Chair, was
agreeable to everyone and he agreed to Chair the meeting. At that meeting Karen was not present.
However, it was clear that the Commíssioners who were angry with me after Karen spoke with them
would not say why they were angry and continued to want me to resign, One Commissioner said that if
I didn't resign, she would, But, still, no one would tell me why they were so angry. Subsequent to that

 meeting Leon sent me his notes that summarized our discussion for circulation to the Commission. I
sent them out to Commissioners exactly as Leon sent them to me and was then accused of "usurping
the job ofthe Secretary."
At ano.ther meeting one of the Commissioners who supported me asl<ed why other Commissioners were
so angry with me. He was told, very directly, that he should go in and talk with l(aren and the'n he would
understand why they were angry.
On June L5th I once again emailed l(aren and told her that I thought we should meet and discuss the
situation and try to worl< things out. Her response, which ís not'true, was that we had already tried
unsuccessfully to do so and from then on she would only talk with me about thíngs going forward and
would not discuss the past,
On June 23'd I made a final attempt, by email, to convince l(aren to work things out with me, but she
reiterated that she would not "tall( about the past," even though the fall-out from the past had,

essentially, divided the Commission into two camps and destroyed my standing with some
Commissioners.
During these months there had been discussion in the Commission about hofding a retreat in early
September to tall< about our mission and come up with a plan-of-action for the coming year. Also, we
had a committee that was meeting to plan a Human Rights Awards banquet, similar to those held in past
years. And further, we had a group that was planning to do tabling at various events over the summer.
One-by-one these plans fell by the wayside due to the tension, Our Chair of the banquet event, one of
the Commíssionèrs that turned against me, annognced that the banquet planning would be "put on
hold." Other Commissioners refused to help with tabling. At a poorly attended meeting in July, when
sèveral Commissioners were out of town, I suggested that we send out a poll to find a date for the
retreat so that planning could move forward. I was told by a Commissioner who did not support me that
I could not send out a poll because I had not asked Commissioners if it was all right with them for me to
send out a poll. Then, later, I was blamed because "nothing was happening." Every effort I made to get
things on tracl< was subverted by those who wanted me, to resign
Being told that I had to take a poll to get permission to take a poll was the final straw for me. I realized
that, barring a resolution of the situation with Karen, which she was unwilling to allow to happen, I
would never be able to effectively lead the Commission. That was when I resigned. I have an email trail
that verifies several ofthe key events that l've described and both Joe and Peter can attestto various
parts of the story. I am willing to speak further with any Legislator who has questions.

 Exhibit 54

Human Rights Commissioners Resign Amid Conflict, Accusations - News - Ithaca

Times

Page

I of 4

Humam Rights GorunrmissEone¡"s Reslgn
Am id tonfE¡ct, AccusatEorìs
(

I

I

image

3
by Keri Blakinger I Posted 3 months ago

Over the past few weeks, one-third of the county's Human Rights Commission has
resigned. As Legislator Jim Dennis (D-Ulysses) quite aptly observed: "They're fleeing
faster than people trying to get off the deck of the Titanic."

First, Dave McNamara and Chair Pat Pryor resigned in separate emails sent on Aug. 7
Subsequently, Secretary Talyse Hampton resigned in an Aug. 20 email.

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1?12-1201 5

 Human Rights Commissioners Resign Amid Conflict, Accusations - News - Ithaca

Times

Page2 of 4

On what was-as of a month ago-a nine-person board, three departures is significant.
However, the chain of events leading up to those departures is somewhat murky.

According to Pryor, the problems began last spring, when she confirmed a suggested
correction on a press release from the county's Office of Human Rights (OHR), for which
the commission acts as an advisory board. The release originally stated that the
legislature endorsed the Gender Expression Non-Discrimination Act, when in fact the
legislature had not formally done so. She said that, after reading the planned release, "l
tried to contact the office to let them know that this mistake had been found in the
proposed press release and the director [Karen Baer], after the fact, made it very clear to
me that by doing that I was interfering with the work of the office."
While a commissioner would not typically need to be consulted for a press release, in
that particular instance Tompkins County Public lnformation Officer Marcia Lynch said
that she solicited Pryor's input on OHR's original version of the release because it was a
time-sensitive matter and she could not immediately reach relevant contacts at OHR.
Typically, according to its bylaws, the commission's advisory role should entail referring
human rights complaints to OHR, advising the legislature and OHR, reviewíng quarterly
OHR reports, and advising the county administrator on the appointment of the Human
Rights Director.
After the issue with the press release, the controversial development of a
communications protocolfurther stoked the flames of discord and then, mid-summer,
three members of the commission's executive committee-Vice Chair Jamila Simon,
then-Secretary Talyse Hampton, and Treasurer Amos Malone-put their names to a
four-page memo criticizing Pryor's performance as a chair and her role on the
commission.
The memo asserts that Pryor-a former member of both the county legislature and the
City of tthaca Common Council-damaged the commission through her "self-motivated
leadership style." The document goes on to list other accusatibns, including claims that
Prygr "misuses her former political and new personal relationships in orderto fur:ther her
personal agenda," that she "continues to make executive-leveldecisions without
consulting the Executive Committee," that she is "purposely separating the Commission
from the work of the Office," and that "there are blurred lines and conflicting witness
accounts when it comes to Ms. Pryor recounting what has transpired at meetings." The
memo also said that the executive committee planned to "voice a vote of 'No
Confidence"'in Pryor.
Though many of the items in the memo do not offer specifics, some provide a bit more
detail. ln one bullet point, the memo accuses Pryor of unilaterally making decisions to
change the meeting schedule in order to accommodate Legislator Peter Stein (D-lthaca).
(However, according to the group's bylaws, the chair is charged with both calling and
presiding over the commission's meetings.) ln another example, the memo alleges that
"Commission outreach efforts have been put on hold" since Pryor became chair and thus
the commission has not put on certain outreach events, such as a Human Rights Awards
Dinner. ln an interview, Pryor alleged that those efforts had been stalled by other
commission members.

hrn.//rn irhaca enm/news/hrrman-rishis-commissioners-resipn-amicl-conflict-accusations/ar...

121212015

 Human Rights Commissioners Resign Amid Conflict, Accusations - News - Ithaca

Times

Page 3 of 4

Stein, who chairs the Health and Human Services Committee to which the Human Rights
Commission reports, sa¡d, "lf you look at it carefully, you'll see that [the accusations] are
vague." ln an interview about his response to the memo, County Administrator Joe
Mareane said, "l don't subscribe to their assessment."

McNamara called the memo "outrageous, false, and slanderous" and questioned whether
Baer had any role in writing it, a charge she unequivocally denied in an Aug. 21 email.
She declined to offer any further comment about the memo or the resignations. Likewise,
the executive committee would not offer comment on the memo, although after her
resignation Hampton said, "At the time there were some real concerns with the
leadership of the commission and that document was created in an attempt to move
fonruard with the work that we had all signed up to do."
Although Pryor and McNamara resigned after the memo was written, they both said they
hadn't yet seen the document at the time they offered their resignations. Regarding the
reasons for her departure, Pryor said, "Given everything that was going on at the
commission, I felt that I could no longer be effective." McNamara said that he resigned
because he "did not see how the Human Rights Commission was adding value in this
county."

ln an Aug. 18 interview with the remaining members of the executive committee, Vice
Chair Jamila Simon said, "We are sad actually that both Pat and Dave have decided to
depart, We think they have made tremendous contributions and they will be sorely
missed." She refused to answer any questions about the memo or about whether
anything had changed to prompt such a different attitude toward Pryor since the drafting
of the memo.
Four days later, in an interview about her Aug. 19 resignation, Hampton said, "l had to
take a close look at some of my personal and professional goals and, although it was
challenging because I like to stand by my commítments, the work that we were doing had
nothing to do with the mission of the commission." She did not offer additional details,
although by all accounts it seems that rnuoh of the commission's wsrk had become
focused on resolving internal conflicts.
Moving fonrard, the commission is now looking to replenish its numbers; a full board
would be intended to include 15 members. Any Tompkins County resident interested in
applying for a position on the volunteer commission can download the relevant form on
the county's website.

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 Human Rights Commissioners Resign Amid Conflict, Accusations - News - Ithaca

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Page 4 of 4

This Week I Tompkins Gounty Discusses Raising Minimum Wage
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121212015

 Human Rights Commission Drama Continues - Ithaca Times : News

l-t u¡mam

Page 1 of2

R.ighËS CO¡'¡rlmrEsSiosr ÐnamlA COntirl[les

by Keri Blakinger

I

Posted: Wednesday, October 7r2015 6:1.0 am

The summer's drama with the Human Rights
Commission is still lingering. In August, one-third
of the nine-member board resigned after months of
disagreement and difficulty and, now, one of those

former members
chair

-

-

Pat Pryor, erstwhile comrnission

has vrnitten a letter to the county legislature

offering details about her decision to leave.

At the time of her resignation, Pryor was only
willing to offer limited insight into the reasons fot
her departure. She said that there had been

some

Pat Pryor

tension with Human Rights Director Karen Baer
after Pryor pursued making a correction to a press release and that the problem had been firther
exacerbated by the controversial development of a communications protocol. Finally, things came
to a head after three other members of the IIRC's executive committee drafted a letter to "voioe a

'

vote of No Confidence" in Pryor

After the letter, both Pryor and fellow commission member Dave McNamara resigned on Aug.
On Aug. 20, one of the letter's signers - Talyse Hampton - resigned as well.

7.

On Sept. 25, Pryor penned a letter offering more background on her decision. Although previously
she had mentioned problems with Baer, Pryor has now outlined the specific problems in more
detail.

"The one concrete thing I've been told by Karen that I did wrong was to talk with
Peter Stein about the fact that Karen was angry with me. My rernarks to him took place in the
context of a casual conversation where he asked me how things were going with the Commission.
Although my comments in response v/ere generally positive, I did say to him that Karen had
responded very angrily when I attempted to reach the OHR in time to let staff know that there was
a mistake in a press release that needed to be corrected before it was sent out."
She writes,

Pryor writes that at the next commission meeting, she was "excoriated" loudly by Baer because of
her interaction with Stein.

"subsequently, in a separate meeting," she writes, "a 'Communications Protocol' that had been
) prepared ahead of the meeting was read to me that, in essence, said that anything said in a
Commission meeting stayed in the meeting and was not to be discussed with anyone outside the

 Page2 of2

Human Rights Commission Drama Continues - lthaca Times : News

'

meeting. Another theme of the protocol was that in talking with'outsiders' we were to only say
positive things."
According to Pryor, such stipulations both violate the state's Open Meetings Law and the HRC's
byJaws. Nonetheless, she says that she agreed because, "I \ryas told that if I didn't agree to the

'protocol.' it would be taken by Commissioners
forward."'

as evidence that

As tensions increased, Pryor said that she reached out to

a

I did not want to

omove

previous commission chair to oversee a

meeting. At that meeting, she writeso "One commissioner said that if I didn't resign, she would.

But, still, no one would tell me why they \ryere so angry."
Pryor writes that subsequently she hied to schedule meetings with Baer to work things out, but
Baer wasn't interested.

Ultimately, she said, 'I realized that, barring a resolution of the situation with Karen, which she
was unwilling to allow to happen, I would never be able to effectively lead the Commission."
Thus, in early August, Pryor tendered her resignation.
\l/hen she was contacted about the Sept. 25 letter, Baer declined to comment.

http://www.ithaca.com/news/human-rights-commission-drama-continues/articlc

7ca571b2... l2l2l20l5

 To: Tompkins County Legislators
From: Pat Pryor, 1.50 Scofield Rd,, Freeville,
Re: Human Rights Commission
Date: 9/25/2015

NY 13068; 607-319-0507

It has come to my attention recently that questions remain in the minds of some Legislators regarding
the circumstances of my resignation from the TC Human Rights Commission. To that end, I would like to
share with you my perspective on the events leading to my resignation.
To this day I can only speculate as to why Karen Baer got angry with me or why she felt it necessary to
have private conversations with some members of the Commission during which she apparently said

such negatíve things about me that she convinced other Commissioners that I should resign. While she
seemed to feel perfectly OK about talking about me behind closed doors with other Commissioners, she
has consistently refused to s¡t down with me as an adult and try to work out our differences.
The one concrete thing l've been told by Karen that I did wrong was to talk with Peter Stein about the
fact that Karen was angry with me. My remarks to him took place in the context of a casual
conversation where he asked me how things were going with the Commission. Although my comments
in response were generally positive, I did say to him that Karen had responded very angrily when I
attempted to reach the OHR in time to let staff know that there was a mistake in a press release that
needed to be corrected before it was sent out. I won't go into all the details here, but if anyone would
like further information l'd be glad to provide the full sequence of events. Peter's response when I
ment¡oned the incident to him was that he felt he had a good working relationship with Karen and
would I like him to talk with her to see if we could sit down and work it out? I said yes, of course, since
she would not respond to me. I felt it was just a simple r.nisunderstanding that could easily be worked
out with a face-to-face conversation.

At our next Commission meeting I was excoriated by Karen in a loud, angry voice with her finger jabbing
at me because I had talked with Peter. Subsequently, in a separate meeting, a "Communications
protocol" that had been prepared ahead of the meeting was read to me that, in essence, said that
anythíng said in a Gommission rneeting stayed in the meeting and was not to be discussed with anyone
outside the meeting. Another theme of the protocol was that in talking with "outsiders" we were to
only say positive things. Despite the fact that such dictates are an abrogatlon of Commission By-laws
and the NY State Open Meetings Law upon which they are based, I was told that if I didn't agree to the
"protocol", it would be taken by Commissioners as evidence that I did not want to "move forward".
During this period of time there had still not been a meeting between Karen and me since Karen
continued to refuse to meet with me.
I met with Joe Mareane about the situation and indicated to him that I thought there should be a
meeting between Karen and me so we could work things out. I said I would meet with her one-to-one,

with Joe as a third party, or wíth

a

trained mediator such as someone from

CDRC.

Because of the tension in the Commission it was decíded to ask a neutral, outside party to Chair one of
our Commission meetings so we could discuss the situation, Leon Lawrence, our previous Chair, was
agreeable to everyone and he agreed to Chair the meeting. At that meeting Karen was not present'
However, it was clear that the Commissioners who were angry with me after Karen spoke with them
would not say why they were angry and continued to want me to resign. One Commissioner said that if
I didn't resign, she would. But, still, no one would tell me why they were so angry. Subsequent to that

 meet¡ng Leon sent me his notes that summarized our discussion for circulation to the Commission. I
sent them out to Commissioners exactly as Leon sent them to me and was then accused of "usurping
the job of the Secretary."

At another meeting one of the Commissioners who supported me asked why other Commissioners were
so angry with me. He was told, very directly, that he should go in and talk with Karen and then he would
understand why they were angry.
On June 15th I once again emailed Karen and told her that I thought we should meet and discuss the
situation and try to work things out. Her response, which ¡s not true, was that we had already tried
unsuccessfully to do so and from then on she would only talk with me about things going forward and
would not discuss the past.
On June 23'd I made a final attempt, by email, to convince Karen to work things out w¡th me, but she
reiterated that she would not "talk about the past," even though the fall-out from the past had,
essentially, divided the Commission into two camps and destroyed my standing with some

Commissioners.
Duríng these months there had been discussion in the Commission about holding a retreat in early
September to talk about our mission and come up with a plan-of-action for the coming year. Also, we
had a committee that was meetÍng to plan a Human Rights Awards banquet, similar to those held in past
years. And further, we had a group that was planning to do tabling at various events overthe summer.
One-by-one these plans fell by the wayside due to the tension. Our Chair of the banquet event, one of

the Commissioners that turned against me, announced that the banquet planning would be "put on
hold." Other Commissioners refused to help with tabling. At a poorly attended meeting in July, when
several Commissioners were out of town, I suggested that we send out a poll to find a date for the
retreat so that planning could move forward. I was told by a Commissioner who did not support me that
I could not send out a poll because I had not asked Commissioners if it was all right wíth them for me to
send out a poll. Then, later, I was blamed because "nothing was happeníng." Every effort I made to get
things on track was subverted by those who wanted me to resign.
Being told that I had to take a poll to get permission to take a poll was the final straw for me. I realized
that, barring a resolutlon of the situation with Karen, which she was unwilling to allow to happen, I
would never be able to effectively lead the Commission. That was when I resigned. I have an email trail
that verifies several of the key events that l've described and both Joe and Peter can attest to various
parts of the story. I am willíng to speak further with any Legislator who has quest¡ons.

 Exhibit 55

20l5ll1l05 03:30 PM Flealth anr Human

Services Committee Unlanown - -ompkins

îor:r

Cou...

Page 1 of 7

kisrs

I¡tclùslqn lhrough

Download Document

l::F=.[ElffiiÌiî.æGl

llerlth and Hum¡in

Services Committee

Regulil Meeting Minutes - Approved l-?-16
Thursday, November 5, 2015 3:3û PM
Legislature Chambers

Attendance

-

. -..-*4tlen-degNûll9 .-.-_.
Peter Stein

Chai¡
'Member

Cuol Chock

Lêsþ tøcÈim-ctàitt"-e

-, -

Jamãs

Dennis

Oóotey

t 3:42 PM

!

Will Bu¡bmk

,

-i'
I

fìe-t¡i

I

l''ei{¡sr
Legislator

Katrina McCloy
Joe

Mueane
Kruppa

i

Frank

,

Lisa-Moro¡e
Amie Hendrix

Þ"üt,i

Present
Present

Guests:

Community Mental Health Services Bord Members Jan Lynch, Larry Roberrs, Susm C¡owell, Câ¡ol
Booth; Jean Poland, National Allimce on Mental lllness (NAMI)-Finger Lakes Member; Mental Health
D€partment staff Betsy Doling, Fiscal Officer; John Bezirguian, Medical Directo¡; Ama Drake,
Administrative Assistant

Cnll to Order

Mr. Stei¡, Chair, called

the meeting

to order at 3:32 p.m.

Chanees to Asenda

M¡. Bu¡bank requested the Comittee go into Executive Session late¡ in the meeting to discuss a Personnel
matter. Public Coment was moved to later in dre meeting prior to the discussion the Mental Health/Heâlth DepilÍnent
leadership discussion.

Mr. Stein called attention to an additional infomation item requiring no action from the Office for the Aging:
Budget

Trusfer

Request (lD#5968).

Deoartment of Soci¡l Services
New Federal SNAP requi¡ements fo¡ recipients (lD # 5894)
Mrs. McBedn-Clai¡l¡ome mived at this time.

Oftice for the Aeine
Reso¡ution20l5-246: Budget Adjüstment for the 2015 Tompkins County Office for the Aging Community Servlcei
lor the Elderly Program (ID #5907)
lvls. Chock stated she would abstain from voting due to a conflict with Idraca Neighborhood Housing Seruices.

RESULT:

RECOMMENDED [3 TO ol

MOVER:

Will Burbank, Member

SECONDER:

AYES:
ABSTAIN¡

Leslyn McBem-Clairbome, Membe¡
rter Stein, Leslytr McBean-Clairbome, Will Burbank
Carol Chock

WHEREAS, pursumt to Administrative Manual Policy 05-02, Section 4.02, Pârt B, budget adjustments for
increases in ¡evenues and expenditures over $5,000 are subject to approval by County Legislature when
account and revenue account are increased, and

http://tompkinscountyny.iqm2.com/Citizens/FileView.aspx?Type: l2&ID:2239

m

appropriation

31312016

 20l5ll1l05

03:30 PM Health

a"'Lluman

Services Committee Unknown

Tompkins Cou... Page2 of 7

WHEREÁ,S, the Office for the Aging has ¡eceived {ìnal Notification of Grant Award ffom the New York State
Oflice for the Aging for the Commünity Services for the Elderly Progrm, which means an increase of $9,435 in funding
for the period begirning April 1, 2015, and ending March 31, 2016, md
WHEREAS, $3,435 of dris increase is awarded to the subconbactor lthaca Neighborhood Housing Seruices/Better

Ilousing for Tompkins County for the purpose of providing additional funding for the Tornpkins County Home Repai¡
Progrun, and
WHEREAS, $4,000 will be used towtrd conractors/consultants for the Age Friendly
WHEREAS, the remaining $2,000
therefore be it

will

Comuity

initiative, md

be used by the Ofhce for the Aging in ordèr to puchase supplies, now

RESOLVED, on recommendation of the Health and Humm Seryices Comittee, That the Director of Finance
make the following adjustments:

6777-43803

State Revenue
67'17-5449t

6777-54303 Supplies

$9,435
Subconhacis

$2,000

$7,435

Exþlanation: The Office for the Aging received its fmal Notiñcation of Grait Awild for Comriruity Services for the
ElderlyProgramonJuly16,2015. Theawtrdisforthe periodApril 1,2015,throughMuch3l,2016,mdísasupplement
to the base level funding for Comunity Services for the Elderly Progrm. It was detemined that $3,435 shall go to the
Tompkins Couty Home Repair Progrm of Ithaca Neighborhood Housing Senices/Better Housing for Tomþkins County
to firnd additional hgme repair sewices for older adults with limited incomes. Another 34,000 will be used towud one-time
cohsulting seruices to advance the Age Friendly Community initiative. Shortfalls in the Office for Aging's supþlies wmmt
$2,000 increase in the supplies budget.
SEQR ACTION: TYPE Il-20
a

Ifealth Úenartment
Resolution20l5-242: Budg€t Adjustment - WIC Program - Health Deprrtment (ID #5949)
RESULT:

RECOMMENDED [UNANIMOUSI

MOVERT

Leslyn McÈem-Clairbome, Member

Will BubanÌ, Member

SECONDER:

AYES:

:ter Stein,

Cilol

Chook, Leslyn McBean-Clai¡bome,

Will Bubmk

WHEREAS, pursuut to Administrative Manual Policy 05-02, budget adjust¡trents exceeding $5,000 require
Legislative approval, and

.

WHEREAS, the Health Deprünent received additional Íïrnding for the WlC Program that was not originally

budgeted, now therefore be

it

comendation oi the Health md Human Sewices Committee, That the Ðirector of Finmce be
di¡çcted to make the followilg budget adjusÍnent on his books:
I
RESOLVED, on

Heøltlt Departilßnt
4012.44402
40t2.44402
40t2.44402
4012.44402
40t2.44402

re

Tilt^
Federal
Federal
Federal
Fede¡al
Federal

Tirl¡leì
Aid
Aid
Aid
Aid
Aid

s

5,144
1,260
3,750
3,750
7,500

$
s
$
ò

40t2.52206
40t2.52230
4012.54303
4012.54333
4012.54442

Computer Equipment
'Computer

Sofwre

Ofhce Supplies
Education & Promotion
Professional Seh¡ice Fees

SEQR ACTION: TYPE l¡-20

Resolution20l5-256: Budget Adjustmetrt to Trânsfer Funds from Fund Éal¡nce to the Mandnted Medical Ex¡miner
Program for Increased Professional Service Costs (lD #5952)
RESULT:

R'ECOMMENDED IUNANIMOUSI

MOVER:

Will Burbank, Member
Carol Chook, Member

SECONDER:

AYES:

:ter Stein,

Crol

Chock, Leslyn McBean-Clai¡bome, r¿Vill Bu¡bmk

WHEREAS, the Health Depilt¡nent did trot anticipate the increased voluine of Medical Exminer cases requiring
removals, autopsy, and lâboratory tests, now drerefore be it
RESOLVED, on recommendation

of

the Health and Humm Sewices and the Budget, Capital, md Persomel

Co¡nmittees, That the Director of Finance be directed to make the following 20 l5 budget adjustment on his books:

FROM: 430909000
TO:
4017.54442
SEQR ACTION: TYPE II-20

General Fund Balmoe
P¡ofessional Service Fees

$ 32,000
$ 32,000

{t**f**+**

http://tompkinscountyny.iqm2.com/Citizens/FileView.aspx?Type:12&ID:2239

313120t6

 20I5ll1l05 03:30 PM Health a-¡ Hnman Services Committee UnÌnown . Tompkins Cou...

Page 4 of 7

provide lv[r. Kruppa rvith tlre necessary support and hire a Depu¡r Cornmission as soon as possible.

Betsy Doling, Fiscal Officer, Mental Healú Deptrrtment, spoke in favor of merging leadership for the Public
tlealth and Mental Health Deparhnents. She explained she has been an employee in the Mental Health Department for
over I I years and has seen a great deal of nrnover in the Deptrhnent the last few yeus. She feels strongly that the
cunent person in the positìon of duo Commissioner of Mental Health and Public Health Director is very important to
the stability of the enti¡e Department and the anangement should continue. She spoke of a nu¡nber of current ongoing projects, development of wo¡k flow, and chmges in regrd to cent¡alized scheduling and stmduds for
clinicims, and two new progmrns beginning in 2016. She also spoke of the positive changes and nonentum in the
Department that are attributed to Mr. Kruppa and said leaving Mr. Kruppa in a state of lirnbo does not give him the
credence md opportunity to continue the good work that has been started.

Jolu Berzirgmian, Medical Director, Mental Health Depilünen! spoke in favor ofmerging leadership for dre
Public Health md Mental Health Departments. He explained how he has worked for the Mental Health DeparÍnent
since 1998, has worked with th¡ee different Cornmissioners chosen by the same search committee process as being
proposed today, md has ñlled the position of interim commissioner on a temporary basis. He said the expectation of
sorne abstract Commissioner appearing will not happen. The energy and govemance the Mental Health Department
has now is as good as any other Commissioner has provided md the staff view M¡. Kruppa as a p€manent
Co¡nmissioner, He ¡ecalled the history of the Department having had one full-tirne Commissioner ud said the
altemative of Mr. Kruppa filling that role on an interim basis has been as well as my other Commissioners. He stated
Mr. Kruppa has done well md has his support.

Ame Drake, Administrative Assistmt, Mental Health Depart¡nent for 25 yeus, spoko in favor of merging
leadership for the Public Health md Mental Health DeparÍnents. She described Mr. Kruppa's presence in the Mental
Health Department as calming which she has not seen prior to Mr. Kruppa. She stated that she feels he is the epitome
of a real leader.
Mr. Bu¡bmk stated

the process has been difnicult because it has been done with a specifio person in mind as

this moves foruud.
Ìvlentfll Health
Prooosal for Combined Leade¡shio ofthe Mental Health md Health Deoart¡nents

llD

# 5951)

Mr, Mareme provided a brief ovewiew of the history of the Mental Health Commissioner's position. He also
spoke about the overlap of reas in both the Public Health md Mental Health Departnents. Since the åppointment of
the Public Health Director æ the Interir¡ lvlental Health Commissioner there has been progress made in several ueas
as identified eælier in the rneeting by the Fiscal Ofñcer ofMental Health including the positive morale of employees.
He commented on other counties merging their departments, however, that is not what is being recommended
employees were
extraordinuily supportive. The Board of Health md Comrnunity Mental Health Seruices Boud were engaged in the
process. The Bord of Health is fully supportive md the Community Mental Health Seroices Bord is split in their
support but will support the Legislature's decision.

for Tompkins County. Employees were polled about this proposal md the Mental Health

M¡. Mareme explained his proposal now includes a smset and after th¡ee yeus, during the fourth yst, m
evaluation will be done md presented to the Legislature. The evaluation team w.ill include members of the Boud of
Health, Community Mental Health Services Bord, md the Legislature. In order for this anangement to continue the
Legislature will need lo approve it. If this mmgement does not continue a new search for a Mental Health
Commissioner will resume.
In addition, Mr. Mileane reported thât a seuch has begun to fill the Deputy Mental Health Commissionels
position as recommended by the members of the Community Seruice Mental Hsalth Board md the Legislature.
This proposal also adjusts the salary for the Public Health Di¡ector to compensate for the dual role md creàtes
an administ¡ative assistut position in Mental Health. Approximately $62,000 will be saved mually with this plan,

Mr. Mareme explained why he strongly supports this ud stated that he believes it will optimize the
perfommce of the Mental Health DepârÍnent. The issue has never been about the quality of the clinicims md staff.
This has been about the ability to lead md mmage the Department.
Mr. Mareme said he is prescnting this proposal for discussion and is requesting a
Committee and fhe Budget, Câpital, md Persomel Conmittes be held to consider this proposal.

joint

meeting

of

this

Mr. Burbmk asked what the time line was for filling the Deputy Mental Health Commissioner position. lvlr
Mareme said it is cunently being advertised and is a 60-day search followed wíth the ¡eview of resumes submitted.
He also noted that this positiou is a Commissioner's appoinünent.
Committee mernbers discussed certain aspects of the proposal Mr. Mareme has preseuted md the Resolution
a Renewed Seuch for Co¡nmissioner of Mental Health being discussed in Executive Session because they
re related to personnel issues, Ms. Chock stated that the process is complicated and the Committee should only go
into Executive Session to disouss a persomel lnatter that is personal. She stated there must be transpilency in regild
to the discussion ofthe process.

Calling for

Mr. Stein rnade a MOTION for the Comnittee to go into Executive Session to further discuss this issue, no
second. MOTION FAILED DUE TO LACK OF A SECOND.
Ms. Chock stated she would like to postpone the motion regarding Executive Session

R€solution: Resolution calling for û Renewed Senrch for Commissioner ofMental Health (ID #5947)

M¡. Burbmk explained the resolution being considered was his attempt to unde¡take a new seuch for a
Commissioner of Mental He¡lth and to simultmeously continue the ínterim mmgement. He stated Mr. Kruppa has been in
the interim position fo¡ 8 months and expressed his concems for the impact úis situation may have had on Mr. Kruppa. He
stâted he is not opposed to Mr. Mareane's proposal if it is found the¡e is a lack of potentia-l cmdidates o¡ if it is detemined

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thecu[entsituationdoesmaliessnse. Hestatedhedoesnotwantto¡rixaspecifìcpersonwithageneralitlea.

M¡. Burbank stated as pilt of the resolution he is proposing, he has requested a formal review of the interim
Commissioner's perfomance in that portion of his job md to do I more broadened study of the two departments working
together including the possibility of  full merger.
lvfr. Dermis discussed this resolution being presented to the Budget, Capital md Personnel Committee and ¡sked
Cotnmittee members if they have hemd from Mr. Knppa in regard to whtrt has taken place in the Mental 'Health
DepüEnent since he has been Inte¡im Director and the impact that has had.

Ms. Chock stated the issue ltas not been the perfomance of the Interim Director but rather the process involved
rvith the appointrnent of ajoint Commissioner without going tkough a period of additional study.
Mr. Stein discussed the concems he lras in regard to conducting a serch for a Comissioner while there is m
Interim Commissioner already in the position md assuming that role. He believes the disregud for the months of work Ir4¡.
KnPpa has completed while in the role of lnterim Commissioner is dmgerous and the intentional or mintentional path this
resolution is taking will be disregarding the work md efforts he has made to date. Mr. Stein stâted he would lnd it
impossible to run m operation while the¡e is a search for a successor being done simultaneously.

Mr. Kruppa stated he respects the opinions of those present md those who have spoken. He explained that he
sery€s at the pleasure of the Comty Adminisbator but cmot continue in the curent role through a¡othe¡ seuoh committee
process. He discussed one reason being the fact that there ile significmt things happening in the Mental Health Depilünent
thât coincide with things happening in the Public Health Deprnnent
the person in the leadership role in Mental He¿lth
would need to be making decisions about Depütrnent relationships. Tl¡e Mental Health Depiltstrent is in need of a neuüal
parÇ making those deoisions if the cunent mmgement is not going to continue.

ild

Mr. Knppa explained he believes it will be difficult to h¿ve m honest md strong recruitnent process during this
period of mcertainty with the Comissioner position. He stated he was opposed to the advertising for the Deputy
Commissioner position until a decision is made because people have reached out to him asking about the Deputy position
md they have inquired about what the status is of the Comissioner's position. He discussed how this will impact the
quality of cmdidates that may md may not apply for the Deputy Comissioner position.
Mr. Knppa stâted he did not desire to be a püt of the recruitnent process md feels his presence may create il
or influence in the decision making process. He stated he hopes one or more Mental Health Depiltrnent

impression
employees

ue included in

the process.

Mr. Knppa stated the Mental Health DeparEnent has a number of challenges they have been working on for years
that he has been involved widr over the ¡ast few months md without the suppoft ofthe Legislahre he does not feel he will
have the energy to continue to make those difficult decisions md do the difücult work that needs to be done.
Ms. Chock discussed the two departments being two différent types of deparbtrents md ststed she has heud
positive coiments about Mr. Knppa which have made her willing to consider making the curent mmgemetrt mo¡e
pemanent. She stated from the begiming the concems have ¡elated to the process thât hûs been used md said during the
last eight months a thorough study could have been completed reguding the viability of the merger ofthese deparhrents.
Slìe stated she supports the ¡esolution because she does not think the cutrent situation is ideal md being even less ideal if
Mr. Kruppa is not willing to continue seruing in the role. She expressed concem for the success of a merged role if there is
not full support by the Comunity Mental Health Services Boud membership. She noted this has never been about the
person, her concems have been md are about

tle

process.

Ms. Chock stated she would not be opposed to going into Executive Session to discuss ce¡tain aspects of Mr.
Knppa's perfommce evaluations.
M¡. Stein asked Ms. Booth,

a

publio member present, to

clri!

the proposal she discussed

eulier in

the meeting.

Ms. Booth stated she was opposed to a four-year tem but was supportive of doing a study of the cunent situation
and suggested an evaluation be completed mually for the Interim Director md not on ¡ fou-year basis. She discussed the
need for a thorough study and a well, thought-out decision in regud to this. She was supportive ofMr. Knppa remaining
Inte¡im Director for a yer to allow for time for a study to be completed and decision to be made.

Ms. Chock asked the members of the Commmity Mental Health Services Board p¡esent how long they thought a
complete md thorough study should take.
Ms. Polmd stated

a

two-year study should be completed md explained Mental Health extends beyondjust the

Depilünent. She would like a study adrlressing all the concems t¡ãt have been raised md said my other concems
discovered duing the study would lead the Legislature and tJre Boud to a thorough ânswer.
Mr. Mueane explained his proposal is a real work experience with Mental Health md the curent Interim Director.
He stated Mr. Kruppa has articulated why a three-year period is iniportmt to him. This is not about merging nao
departments but more about merging one position at the very top and after three yeais look at it md see how it has wo¡ked.
lvlr. Mueme recommends m evaluation of the situation be completed after three yeils md taking tÌtree months to complete
that evâluation befo¡e bringing it to the Legislature.

It was MOVED by fufr. Bubmk, seconded by Ms. Chock, to Call the Question on the motion to ¡ecometrd the
resolution be approved.

A voice vote resulted as follows: Ayes - 2 (Legisltrlors Bu¡burk and Chock); Noes - 2 (Legislators McBemClai¡bome and Stein). MOTION FAILED.
Mrs. McBean-Clairbome spoke ofthe need for a thorough discussion on this by both the full Legislature md the
Corrununity Mental Health Services Board in order to detemine the di¡ection that should be taken. Since a decision has not
been made yet she does not see a problem with exploring odrer options, including pusuing a seach for a Commissione¡ of
Mental Health while the¡e is an Interim Commissioner in place.

Mr. Stein spoke of his concems relating to the difficulties that have been €ncomtered in the past to fìnd
Comissione¡ of Mental Health.

a

Mrs. McBean-Clairbome explained the County has had search committees in the past to lill positions md they too
have had difficulties. She stâted she wants to be certain the Legislature rnakes its decision after they have sat down and
done the necessary work to make a proper deoision. At this time she does not feel she has been a put of a deoision-making
pfocess.

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Mr. Burbank stated this topic needs more time for discussion and there üe elements to this disci¡ssion having to do
rvith perfommce within the cunent anângement that he did not wish to discuss in public session.

It

wâs MOVED by Ms. Chock, seconded by Mr. Burbank, to Call the Question on the motion to recommend the

resolution be approved.

A voice vote resulted as follows: Ayes - 4 (Legislators Burbank, Chock, McBean-Clairbome, md Stein)i Noes - 0.
THE QUESTION WAS CALLED.
RESULT:

RECOMMENDED [3 TO 1l

MOVER:

Will Burbank, Member

SECONDERT

Carol Chock, Member

AYES:

æol Chock, Leslyn McBem-Clairbome, Wiil Bubank

NÀYS:

eter Stein

WHEREAS Tompkins County has had

a

vacancy in the position of Commissioner of Mental Health since Febrirary

28, 2015, and

WHEREAS, the existing Commissioner of Public Health was asked and kindly agreed to serve in both the capacity
of his cunent position md as Acting Commissioner of Mental Health fo¡ m interim period, md
WHEREAS, Tompkins County has waited a reasonable period of time to ensure that a field ofcandidates might be
substantially altered since conduction of the prior searcl¡ ud
WHEREAS, the Comissioner of Public Healft has serued ably in both capacities on

u

WHEREAS, Tompkins County is now considering whether to fomalize the

uooog...nt for m

period, md

"uo.nt

interim basis, and
extended

WHEREAS, there are substantive differences in the fields of public mtl mental health, md

WHEREAS, although Tompkins County hæ heud positive feedback conceming the cuent t..poiury
aÍangement, we ltave also heild strong and credible concems f¡on the ComNity Mental Health Services Boud and
othe¡s in the commuity abtrut proceeding to merge the administsation of both.departrnetrts for m ext€nded period without
additional study, md
WHEREAS, the Tompkins County Legislature believes it would be importmt to conduct a nore in-depth study of
altematives ff to whether ild how to merge operations before proceeding with a lengthier merger of all administrative
functions, ud

WHEREAS, it may be possible to merge cenain operations that both departrnents have in
conducting â lengthjer md more fomal merger at the top level now therefore be it

comon

without

RESOLVED, on recomendation of the Health md Humm Services Committee, That Tonpki¡s Couty will
repost the opening for Mental Health Comissioner, fom a new seuoh committee, md make an attempt to retain I highquality cmdidate to fill the post of Comissioner of Mental Health,
RESOLVED, fiutheç That we will coniinue the inte¡im mângement ofhaving the cuuent Commissioner of Public
Health provide admi¡istration for both deparunents but provide additional support by prÒceeding to hire a Temporary
Administrative Assistant and a Dèputy Mental Health Directòr,
RESOLVED, further, That Tompkins Couty will conduct a fomal 360 degree style performance rei,iew of the
òment mangement to evaluate how well the inierim administrative iolution, is working frori the perspective of staff,
boards,

comunity

members, md other stakeholders,

RESOLVED, furiher, That Tompkins County wül fom a task force to examine the operations md consider the
future directions of both the Health md Mental Health Depar[nents, to include. consideiation of the advantages md
disadvmtages of an adminisbative putial or full merger, identification of the various aspebts of their operations md any
frnctions that might be combined, md my lessons that can be leaméd from other couties that have merged these particulu
functions.

SEQRACTI'N:

TYPEII-20

+++**+i+++

Comments from Committee Members

Mr. Demis stated there would be a joint meeting of the Health md Humm Services Comittee and Budgel
Capital, md Personnel Committee on a futue date to discuss the proposal regtrding the Commissioner of Mental Health.
Mr. Burbank explained the Chair of the Cor¡mittee cm request when a resolution be brought before tho
Legislature for action and suggested th'e resolution calling for a Renewed Sea¡ch for Comrnissioner of Mental Health
not be brought before the Legislature until after the joint rneeting of Health and Human Services Colnmittee ud
Budget, Capital, and Personnel Committee. Mrs. McBean-Clairbome stated that she was in agreernent with Mr.
Burbank md also recommended the resolution wait.
Mr. Bu¡bank asked Mr. Mueme

if it would be possible to do a fomal perfommce

the Interirn Cornmissione¡ ofMental Health portion

ofthejob

evaluation cunently of

and what time period would be needed.

Mr. Kruppa inquired if a perfonnance evaluation was being requested on his perfomuce in tho interim
position; Mr, Burbmk responded that was cofiect. For the record, lvfr. Kruppa stated he did not believe this would be
an effective way of moving the process foruud but will do whatever he is dirocted to do.

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PageT

of7

lvfs. Chock encouraged Mr. Kruppa to be involved with the ¡ecruinnent process md noted her concem l¡as
been with how the decision came about.

Mrs. McBem-Clai¡bome st¡ted she was not in agreement with her colleagues and suggested a larger group
discussion be held to detennine the future direction ofthis position.
Adiournment
The meeting adjournÊd at 5: l9 p.m.

Welcome to the Tompkins County Leglslature meetlng portal. Please submlt comments to: Legtslature@tompklns-co,org,

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Page

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7

lnclusíon lhr.tuglt

.

IiRã.,ffii.i:d,,&{,.--Kl

Download Document

He¡lth nnd Hum¡in Services Committee
Regular Meeting Minutes - Approved l-7-16
Thursday, November 5,2015 3:30 PM
Legislature Chambers

Attendnnce

''
-

'

Peter Stein

Present

ðrol cliock

i Þ¡erent

Lê.siyn tra"Éem-Ct"irto*e

.

Jamis Dênnis

,

.

Katrina McCloy

Mue¡ne

_

.

Frank Kruþpa

_ ._

.

,

_Officeforthe.ASilg _ ..,

ÞoLlió

Present

ger

-Pq!!l9i-å-cr-9y-

---_,. .q$ysghlather,
._ __l\!ly9qço"¡i-'_

Present
Pres€nt

,,
Present

_Brenda Grinnell-Crosby .

,-- -.
_.

.Youn

-.

Presetrt

Þièi"nt

Pul¡lic_Health Dìrector.

.

Lisa Momoe
A¡nie Hendrix
Mucia Lynch,
P-aula

-.

Deputy Clerk

-ComtyAdministrator

.

3:42PM

Member

. .-- l-"gil!4qr,.
,
Legislat

.--

oooiàyRiefer
Joe

Late

.-_._-Vtè¡nUer

Will Burbmk

,

_

--

-

lL..rJr]!

soiiat Services Comnissioner

-,_

P¡esent
Present

-, ,

Guests:

Community Mental Health Servioes Boud Members Jan Lynch, Larry Roberts, Susm C¡owell, Cárol
Booth; Jean Poland, National Allimce on Mental lll¡ess (NAMI)-Finger Lakes Member; Mental Health
Departrn€nt staff Betsy Doling, Fiscal Offìcer; John Berzirgmian, Medical Director; Anua Drake,
Admiuishative Assistant

Crll to Order
Mr. Stein, Chai¡, called the meeting to order at 3:32 p.m.
Changes to Agends
Ìr,ft. Burbank requested the Comittee go into Executive Session later in the meeting to discuss a Personnel
was moved to later in dre meeting prior to the discussion the Mental Health/Health Depiltrnent

matter. Public Coment
leadership discussion.

Dudget

M¡. Stein called attention to an additional infomation item requiring no actiotr from the Office for
Trilsfer Request (lD#5968).

the Agirg:

Denartment of Socinl Seryices
New Fede¡al SNAP reouirements for recipients (lD # 58941
M¡s. McBeán-Clai¡bome anived at this

n..;

*

Otñce for the Aeine

"

*+** r **

Res0lution20l5-246: Budget Adjustment for the 2015 Tompkins County Office for the Aging Community Serv¡ces
lor the Elderly Program (ID #5901)
Ms. Chock stated she rvould abstain fiom votirg due to

RESULTI

RECOMMENDED [3 TO ol

MOVER:

Will Bu¡bank, Membe¡

SECONDER:

AYESI
ABSTAIN:

a

conflict with Ithaca Neighborhood Housing Seruices.

Leslyn McBem-Clairbome, Member
)ter Stein, Leslyn McBean-Clai¡bome, Will Burbanl

Carol Chock

WHEREAS, pursuffit to AdminisÍative Manual Policy 05-02, Section 4.02, Part B, budget adjustments for
increases in revenues and expenditures over $5,000 are subject to approval by County l-egislature when
account and revenue account are increased, and

htþ://tompkinscountyny.iqm2.com/Citizens/FileView.aspx?Type:12&lD:2239

m

appropriation

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a- ' Human Services Committee Unknown, 'ompkins Cou...

Page 2

of

7

WHEREAS, the Office for the Aging has ¡eceived final Notification of Crant Award fro¡n the New York State
Office for the Aging for the Comunity Services for the Elderly Progrm, wlúch means m increase of $9,435 in funding
for the period beginning April l, 20 15, and ending March 3 t, 20 16, md
lVHEREAS, 53,435 ofthis increase is awarded to the subconhactor lthaca Neighborhood Housing Seruices/Better
I{ousing for Tompkins County for the purpose of providing additional funding for the Tompkins Count¡r Home Repaìr
Progran, and
WHEREAS, $4,000 will be used towtrd conbacto¡s/consultilts for the Age Friendly Commmity initiative, md

WHEREAS, the remaining $2,000 will be used by the Office for the Aging in order to puchase supplies, now
therefore be

it

RESOLVED, on recommendation
make the following adjushnents:
Reyenue

Title

Account

6'777-43803

State

of the Health and Human Sewices Committee, That the Director of

Amt

Revenue
677'1-54491

Approp Acct

Title

Finance

Amt.

$9,435 6777-54303 Supplies
Subcontracts $7,435

$2,000

Exþlanation: The Office for the Aging received its final Notification of .Grmt Awrd for Commuity Seruices for the

ElderlyProgramoniulyt6,2015. TheawudisfortheperiodAprili,2015,throughMrch3l,2016,mdisasupplement
to the base level funding for Cormuity Senices for the Eldeily Prbgrm. lt was detenirined thât $3,435 shall go to the
Tompkins Couty Home Repair Program of lthaca Neighborhood Housing Seryices/Better Housing for Tompkins County
to find additional home repair sewices for older adults with limited incomes. Another $4,000 will be used towud one-time
consulting sewices to advuce the Age Friendly Community initiative. Shortfalls in the Ofhce for Aging's supplies
a 52,000 increase in the supplies budget

SEQRA.TI.N: TYPEII-20

**rr

+++*

*

wmmt

+

lferlth Denortment
Resolution20l5-242: Budget Adjustment

-

\ryIC Progrûm - Ifeâlth Department (ID #5949)

RESULT:

RECOMMENDED IUNANIMOUSI

MOVER:

Leslyn McBem-Clairbome, Member

Will Bwbank, Membe¡

SECONDER:

AYES:

)ter Stein, Cüol Chock, Leslyn MoBean-Clairbome,

Will Bubmk

WHEREAS, pursuant to Adminis[ative Mmual Policy 05-02, budget adjustments exceeding $5,000 require
Legislative approval, and
WHEREAS, the Health Deparünent reoeived additional funding for the WIC Program that was not originally
budgeted, now therefore be

it

RESOLVED, on ¡ecommendation of the Health ud Human Seruices Committee, That the Director of Finmce be
di¡ected to make dre following budget adjustrnent on his books:
Health Depøilnrcnl
Revenue Äcct

4012.44402
4012.44402
4012.44402
4012.44402
4017,44402

Amt

Title
Federal Aid

FederalAid
FederalAid
Federal Aid
Fede¡al Aid

SEQR ACTION: TYPE Il-20

Acct

ADDT0D

Titlelsl

s
$
$
s

5,144

4012.52206

1,260
3,'150

40t2,52230

3,750

s

7,500

40t2.54333
40t2.54442

40 12.54303

Computer Eqüipment
'Computer

Softwile

Office Supplies
Eduoation & Pronotion
Professional Seivice Febs

+t*+**i*++

Resolution20l5-256: Budget Adjustment to Transfer Funds from Fund Balânce to the Mûndrted Medicol Ex¡miner
Progrnm for Incrersed Profession¡l Service Costs (ID #5952)
RESULT:

RECOMMENDED f UNANIMOUSI

MOVER:

Will Burbank, Member
Carol Chock, Member

SECONDER:

AYES:

:ter Stein, Carol Chock, Leslyn McBean-Clairbome, ÌVill Burbanl

WIIEREAS, the Health Depil[netrt did not anticipate the increased volume of Medicål Exminer cases requiring
removals, autopsy, and laboratory tests, trow.drerefore be it
RESOLVED, on recommendation of the Heâlth and Humm Seruices and the Budget, Capital, md Persomel
Cornmittees, That the Director of Fina¡rce be directed to make ûe following 20 l5 budget adjustment on his books:

FROM: 430909000
4017.54442
TO:

Ceneral Fund Balmce
Professional Service Fees

s 32,000
$ 32,000

SEQR ACTION: TYPE II-20

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provide lvfr. Kruppa with the necessary support ând hire a Deputy Cornmission as soon as possible.

Betsy Doling, Fiscll Officer, Mental Health Depubnetrt, spoke in favor of merging leadership for the Public
flealth and Mentâl Health Departments. She explained she has been an employee in the Mental Health Department for
over I I yeas and has seen a great deal of tumover in the Deparhnent the last lew yeus. She feels strongly that the
cunent person in the position of duo Cornmissioner of Mental Health ¡nd Public Health Director is very imporlant to
the stability of the entire Departmcnt and the amangement should continue. She spoke of a nutnber of cur¡ent ongoing projects, development of work flow, and chmges in regud to centralized scheduling and stmdúds for
clinicims, and two new progralns beginning in 20t6. She also spoke ofthe positive chmges and mornentum in the
Department thåt are attributed to Mr. Kruppa and said leaving Mr. Kruppa in a state of limbo does not give him the
credence md opportunity to continue the good work that has been started.
John Berzirganian, Medical Director, Mental Health Deputrnen¡ spoke in favor of merging leadership for the
Public Health md Mental Health Departnents. He explained how he has wo¡ked for the Mental Health DeParFnent
since 1998, has worked with three different Commissioners chosen by the sme serch committee process as being
proposed today, md has filled the position of interim commissioner on s temporâry basis. He said the expectation of
sorne abstract Cornmissioner appearing will not happen. The energy and govemance the Mental Health Department
has now is as good as any other Commissioner has provided and the staff view Mr. Kruppa as a pemanent
Commissione¡. He recalled the history of the Deparhnent having had one full-tir¡e Commissioner md said the
âltsmative of Mr. Kruppa filling that role on an interim basis has been as well as my other Commissioners. He stated
Mr. Kruppa has done well ud has his support.

Ame D¡ake, Administrative Assistmt, Mental Health Department for 25 yeus, spoke in favor of merging
leadership for the Public Health md Mental Health Departments. She described Mr. Kruppa's presence in the Mental
Health Deptrtment as oalming which she has not seen prior to Mr. Kruppa. She stated that she feels he is the epitome
of a real leader.
M¡. Burbmk
this moves

stated the process has been

difficult

because

it

has been done with a speoific person in mind as

foryrd.

Mentrl Heûlth
Pronosal for Combined Leadershio bfthe Mental Health md Health Deoarnnents

llD

# 5951)

Mr.MareaneprovidedabriefovewiewofthehistoryoftheMentalHealthCommissioner'sposition. Healso
spoke about the overlap of areas in both the Public Health md Ment¿l Health Deparhnents. Since the appointment of
the Public Health Director æ the Interim Mental Health Commissioner there has been progress tnade in several ueas
as identiñed erlier in the rneeting by the Fiscal Officer ofMental Health including the positive morale ofemployees.
He commented on other counties merging their deparhnents, however, that is not what is being ¡ecommended
Ernployees were polled about this proposal md the Mental Health employees were
extraordinuily supportive. The Board of Health md Comrnunity Mental Health Sewices Boud were eugaged in the
process. The Boud of Health is fully supportive and the Commmity Mental Health Services Boud is split in their
support but will support the Legislature's decision.

for Tompkins County.

Mr. Mareme explained his proposal now includes a suns€t md after th¡ee years, during the fourth yer, m
evaluation will be done ud presênted to the Legislature. The evaluation team will include membe¡s of the Boa¡d of
Health, Community Mental Health Seruices Boud, md the Legislatue. In order for this anangement to continue the
Legislature will need to approvo it. If this ffiangement does not continue a new seuch for a Mental Health
Commissioner will resume.

fill the Deputy Mental Health Commissione¡'s
recommended by the members of the Comrnunity Sewice Mental Health Board md the Legislature.

In addition, Mr. Mueano reported that â serch has begun to
position

as

This proposal also adjusts the salary for the Public Health Director to compensate for the dual ¡ole md oreâtes
an administrative assistantposition in Mental Health. Approximately $62,000 will be saved annually with this plan.

M¡. Mareue explained why he strongly supports this md stated that he believes it will optimize the
perfommce of the Mental Health Departnent. The iósue has never been about the quality of the clinicims and staff.
This has been about th€ ability to lead md mmage the Department.

Mr. Mareme said he is presenting this proposal for discussion and is requesting a joint meeting of this
Committee and the Budget, Câpital, md Persomel Committee be held to consider this proposal.
M¡. Burbmk asked what the time line was for filling the Deputy Mental Health Commissioner position. Mr.
Ma¡eme said it is cunently being advertised and is a 60-day seuch followed with the ¡eview of resumes submitted.
He also noted that this position is a Commissioner's appoinûneEt.
Committee members discussed certain âspects of the proposal Mr. Mareæe has presented and the Resolution
Calling for a Renewed Seuch for Comnissioner of lvlental Health being discussed in Executive Session because they
are ¡elated to personnel issues. Ms. Chock stated that th€ process is complicated md the Committee should only go
into Executive Session to discuss a persomel matter that is personal. She stated there rnust be kanspuency in regud
to the discussion ofthe process.

Mr. Stein r¡ade ¡ MOTION for the Committee to go into Executive Session to further discuss this issue, no
second. MOTION FAILED DUE TO LACK OF A SECOND.
Ms. Chock stated she would like to postpone the motion regarding Executive Session

Resolution: Resolution c¡ll¡ng for a Renewed Search for Commissioner of Mentâl Health (ID #5947)
fuír. Burbmk explained the resolution being considered wãs his attempt to undertake a new seuch for a
Commissioner of Mental Health and to simultaneously continue the interim mangement. He stated Mt. Knppa has been in
the interim position for I months and expressed his ooncems for the impact this situation may have had on Mr. Kruppa. He
stated he is not opposed to Mr. Mareane's proposal if it is found there is a lack of potential cmdidates or if it is detemined

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thecu[entsituationtloesrnakesensc, Hestatedhedoesnotwanttomixtrspecificpersonrvithageneralidea.

Mr. Burbank stÃted as pilt of the resolution he is proposing, he has requested a formal ¡evisw of the interim
Commissioner's performance in that portion of his job and to do a more broadened study of the two departments working
together including the possibility of a full merger.
Mr. Demis

discussed this resolution being presented to the Budget, Capital md Pe¡sonnel Committee and asked
if they have heud from Mr. Kruppa in regard to whât has takcn place in the Mental Health
Depilhnent since he has been Interim Director and the impact that has had.

Committee members

Ms. Chock stated dre issue has not been the perfomance of the Interim Director but rather the process involved
a period ofadditional study.

with the appoinunent ofajoint Commissioner without going through

Mr. Stein discussed the concems he has in regard to conducting a seuch for a Commissioner while there is m
Interim Comissioner already in the position md assming that role. He believes dre disregud for the months of work lvlr.
Kruppa has completed while in the role of Interim Commissioner is dmgerous and the intentional or uintentional paù this
resolution is taking will be disregarding the work md efforts he has made to date. Mr. Stein stated he would lnd it
impossible to run m operation while there is a search fo¡ a successor being done simultaneously.
Mr. Knppa stated he respects the opinions of those present md those who have spoken. He explained that he
sefles at the pleasure ofthe Comty Administ¡ator but camot continue in the curetrt role through another search committee
process. He discussed one reason being the fact that there ile significmt things happening in the Mentâl Health Depiltrnent
that coitcide with things happening in the Public Health Depilhrent md the pe¡son in the leadership role in Mental He¿lth
would need to be making decisions about Depiltnent relationships. The Mental Health Depilünent is in need of a neutsal
party making those decisions if the cunent mmgement is not going to continue.
Mr. Knppa explained he believes it will be difficult to håve m honest md shong recruiÍnent process during this
period of mcertainty with the Comissioner position. He stated he was opposed to the advertising for the Deputy
Commissioner position until a decision is made because people have reached out to him asking about the Deputy position
and they have inquired about what the stâtus is of the Comissioner's position. He discussed how this will impact tlìe
quality of cmdidates that may md may not apply for lhe Deputy Comissioner position.
Mr. Knppa stated he did not desire to be a part of the recroiunent process md feels his presence may create il
impression or influence in the decision making process. He stated he hopes one or more Mental Health Depuhnent
employees are included in the process.
Mr, K¡uppa stated the Mental He alth Department has a nwbe¡ of challenges they have been working on for ycars
that he has been involved with over the last few months md without the support of the Legislature he does not feel he will
have the energy to continue to make those difficult decisions md do the difücult work that needs to be done.
Ms. Chock discussed the two depa¡tments being two different types of depa¡ûnents md stated she hæ heud
positive coments about Mr. Knppa which have made her willing to consider making the cuÍent afiilgement more
pemanent. She stâted Aom the begiming the concems have related to the process that has been used md said during the
last eight months a thorough study could have been completed regarding the viability ofthe merger ofthese depubnetrts,
She stated she supports the resolution because she does not think dre cucent situation is ideal md being even less ideal if
Mr. Knppa ís not willing to continue sewing in the role. She expressed concen for the success of a merged role if there is
not full support by the Comunity Mentâl Health Servioes Boud membership. She noted this has never been about the
person, her concems have been md re about the process.
Ms. Chook stated she would not be opposed to going into Executive Session to discuss certain aspects of Mr.
Kruppa's perfommce evaluations.
Mr. Stein asked Ms. Booth,

a

public member presenl to

clrifu

the proposal she discussed

eulier in the meeting.

Ms. Booth stâted she was opposed to a four-year tem but was supportive of doing a study of the cunent situation
and suggested an evaluation be completed mually for the Interim Director ild not on a fou-yeu basis. She discussed the
need for a thorough study and a well, thought-out decision in regud to this. She was supportive of Mr. Knppa remaining
lnterim Di¡ector for a yer to allow for time for a study to be completed and decision to be made.
Ms. Chock asked the membe¡s of the Commmity Mental Health Sewices Board present how long they thought a
complete md thorough study should take.
Ms. Polmd stated a two-year study should be completed md explained Mental Health extends beyondjust the
Depilhnent. She would like a s¡¡dy addressing all the concems that have been ¡aised ud said my other concems
discovered duing the study would lead the Legislature md the Boild to a thorough mswer.

Mr. Mileane explâined his proposal is a real work experience with Mental Health md the cunent Interim Ðirector.

He stated Mr. Kruppa has articulated why a three-year period is importut to him. This is not about merging

two
departments but more about merging one position at the very top ¡nd after three yeus look at it md see how it has worked.
Mr. Mreme recomends an evaluation of the situation be completed after three years md taking tluee months to complete
that evaluation before bringing it to úe Legislature.

It was MO\ryD by Mr. Burbmk, seconded by Ms. Chock, to Call the Question on the motion to recometrd the
resolution be approved.

A voice vote resulted as follows: Ayes
Clairbome and Stein). MOTION FAILED.

-2

(Legislators Burbank and Chook); Noes - 2 (Legislators McBem-

M¡s. McBean-Clairbome spoke of the need for a thorough discussion on this by both the full Legislatue md

the

Health Sewices Board in order to detemine the di¡ection that should be taken. Since a decision has not
ì:een made yet she does not see a problem with exploring other options, including pusuing a seuch fo¡ a Commissioner of
Mental Health while there is an Inte¡im Commissioner in place.

Comunity Mental

M¡. Stein spoke of lris concems relating to the difliculties that have been encounte¡ed in the past to fmd
Comissioner of Mental Health.

a

Mrs. McBean-Clairbome explaìned the County has had sea¡ch comittees in the past to fill positions md they too
have had difficulties. She stated she wånts to be certain úe Legislature makes its decision after they have sat down and
done the necessary wo¡k to make a proper decision. At this time she does not feel she has been a put of a decision-making
Process.

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Mr. Burban-k stâted this topic needs more time for discussion and there te elements to this discussion having to do
rvith perfommce within the cunent anangement that he did not wish to discuss in public session.

It wâs MOVED by Ms. Chock, seconded by Mr. Burbank, to Câll the Question on the motion to recomend the
resolution be spproved.
A voice vote resulted as follows: Ayes - 4 (Legislators Burbank, Chock, McBean-Clairbome, md Steìn); Noes THE QUESTION WAS CALLED.
RESULT:

RECOMMENDED [3 TO

MOVER:

Will Burburk, Member

SECONDER:

0.

ll

Carol Chock, Member

AYES:

uol Chock, Leslyn MoBem-Clairbome, Will Bubank

NAYS:

:ter Stein

'vVHEREAS Tompkins County has had a vacancy in the position of Commissione¡ of Mental Health since Febrirary
28, 2015, and

WHEREAS, the existing Commissioner of Publio Health was asked and kindly agreed to serue in both the capacity
of his cunent position ud æ Acting Commissioner of Mentål Heålth for m interin period, ud
WHEREAS, Tompkins County has waited a reasonable period of time to ensure that a field of cmdidates might be
substantially altered si¡ce conduction of the prior search, md
I#HEREAS, the Comissioner of Public Healdr has served ably in both capacities on m interim b¿sis, md
WHEREAS, Tompkins County is now considering whether to fomalize dre curent arangement for m extended

period,

ud

IVHEREAS, there are substantive differences in the fields ofpublic md mental health, and

\MHEREAS, although Tompkins County has hea¡d positive feedback conceming the cmeni temporary
anangement, we have also heud strong and c¡edible concems from the Commity Mental Health Seruices Boud and
others in the commity abtlut proceeding to merge the adminisùåtion of both.departnents for an extended period without
additional study, md

'

WHEREAS, the Tompkins Counqi Legislature believes it would be importmt to conduct â more in-depth study of
altemåtives as to whether md how to merge operations before proceeding with a lengthier merger of all administrative
functions, md

.

it may be possible to merge certain operations tlìat both depaftnents have
lengthier md more fomal merger at the top level, now therefore bè it

WHEREAS,

conduoting

a

in comon

without

RESOLVED, on ¡ecommendatíon of the Health md Humm Seruices Committee, That Tömpkim County will
repost the opening for Mental HEalth Comissioner, fom a new seuch oommittee, and make an attempt to retain å highquality candidate to fill the post of Comissioner of Mental Health,
RESOLVED, furth€r, That we will continue the interim umgement of having the cunent Commissioner of Public
Healdr provide ari¡ninistratíon for both departrnents but provide ¡dditional support by proceeding to hire a Temþorary
Adminisrative Assistant and a Deputy Mental Health Director,
RESOLVED, fiuther, That Tompkins Couty will oonduct a fomal 360 degree style þeúommce reviêw of the
cuÍent uangement to evaluâte how well the inte¡im administrative solution is working from the peripective of staff,
bóards, conimuity members, md other stakeholders,
RESOLVED, firtler, That Tompkins County will fom a task force to exmine the operations md consider the
future directions of both the Health and Mental Health Departnents, to include. consideiation of the advantages ud
disadvmtages of m administrative prtial or ftll merger, identification of the vuious aspeots of their operations md any
ñrnctions that might be combined, md any lessons that can be leamed from other comties thåt have merged these particulu
functions.

SEQRA.TI'N: TYPEII'20

r+**r**r**

Comments from Committeê Members

M¡. Demis stated there would be a joint meeting of the Health md Humm Services Comittee and Budget,
Capital, md Personnel Committee on a fuhre date to discuss the proposal reguding the Commissioner ofMental Health.

Mr. Burbank explained the Chair of the Committee cm request when a resolution be brought befo¡e the
Legislature for astion and suggested the resolution calling for a Renewed Search for Commissìoner of Mental Health
not be brought bofo¡e the Legislature until after the joint rneeting of Health and Humm Sewices Conmittee md
Budget, Capital, and Personnel Comminee. M¡s. McBean-Clairbome st¿ted that she was in agreement with Mr.
Burbank md also recommended the resolution wait.
Mr. Burbank asked Mr. Mueane if it would be possible to do a fon¡al perfommce evaluation cunently of
the Interiln Cor¡missioner ofMental Health portion ofthejob and what time period would be needed.

Mr. Kruppa inquired if a perfonnance evaluation was being requcsted on his performmce in ths interim
position; Mr, Burbank responded that was corect. For the record, Mr. Kruppa stated he did not believe this would be
an effective way of moving the proce ss forumd but will do whatever he is directed to do.

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lvfs. Chock encouraged Mr. Kruppa to be involved with the recruitment process ând noted her concem has
been with how the decision came about.

Mrs. McBem"Claifbome stated she was not in agre€ment widt her colleagues and suggesled a larger group
disoussion be held to detenninê thê future direction of this position.
r\tliournment
The meeting adjourtred åt 5: 19 p.m.

Welcome to the Tompklns County Leg¡slature meetlng portal, Pleäse submlt comments to: Legtslature@tompklns-co.org

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To¡:lp kins

lnîtusfttn throtgh

Download Document
Joini Meeting
Health and [Iuman Services Committee
And
Budget, Cûpital, and Personnel Committee
Regular Meeting Minutes (sme as Notes) - Approved 1-7-16
Thursday, December 3,2015 3:00 PM
Legislature Chambers

Attendance

_,

Stein
Ca¡ol Chock

lvlgqber
Member
Member

_L__.t\e

Will Bu¡bmk

_

I

_

Michael

Present

I

_ -

Lane ,

!

-Mârtha Robertson

i

Present

County AdmhlisFator - _
_ Tompkins Coutrty Attomey
eublic tnfo.Offiæç Comty Adminislation

Joe Mueane
'JonaiÍian
Wõod

-, _,

MrciaLynch
Amy Guæni

__þ9_þ
_._

qe.$ry
Present
-lr.çs9n!
Present

Ygqlge,r.
Pres€nt
-Þiélè't

Itgk.þppu- -

Brenda Grinnell-Crosby
Kuen Baer

Office for the

Guests:

P!ç-s9rI
P¡esent

LCet_slelo¡

Þ¡y¡ítut.¡<qlg'-u
-

.

--

Rich Joln

-

egislator

T

i

l__DooleyKiefer
'

___,

-IJgg9rlt_

Ót9*r¡'lôt"y

. ,,Micha:l Sigler

-.

Present
PJelqn!
Present

tøim¡er

_A,mo.Kgltg
James Dennis

. -

Present
Present

_P-eter

{ging

Prcsent

Cornmunity Mental Health Services Board Members: Larry Roberts, Susm Crowell, Cuol Booth;
National Alliance on Mental Illness (NAMI)-Finger Lakes Member: Jem Poland; Board of Health Members:
Dr. David Evelyn, Dr. Jarnes McMillim, Sue Merkel; Mental Health Department staff: Betsy Doling, Fiscal
Officer; Dr, John Bezirgmim, Medical Director; Kim Klimowicz, Registered Nuse; Ama Drake,
Adrninistrative Assistant; Hünan Rights Cornmission: Jmila Walida Simon

Call to Order: Health and Human Services
Mr. Steir, Chair, called the meeting to order at 3:05 p.m.
Office for the Aeing/Youth Services
Resolution 2015-280: Budget Adjustment - County Office for the Aging and Y0uth Servicel (ID #5987)

RESULT:

RECOMMENDED IUNANTMOUSì

IVIOVER:

Leslyn McBem-Clairbome, Member

SECONDER:

AYES:
WHEREAS, pursuant
Legislative âpproval, and

Carol Chock, Member
ein, Chock, McBem-Clairbome, Burl¡mk, Kelles

to Adminis¡ative

Manual Policy 05-02, budget adjustments exceeding $5,000 require

WHEREAS, upon application of the Point Rating Factors utilized to detemine the approp¡iate classification of all
County positions, the positions of Director of the County Office fo¡ the Aging md Director of Youth Services were
reclassified by the Personnel DepaÍtnent in fulay 20 15, md
WHEREAS, the 2015 Budget for the Office for the Aging md the Youth Services Bueau do not hÂve adequate
funding to support the additional salary and fringe cost associated with the reclassilication, now therefore be it

RESOLVED, on recommendation of the Health and Human Services and the Budge! Capital, md
tle following budget adjustments:

Personnel

Co¡nmittees, Tlìât the Director ofFinance is authorized to ¡nake

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Frorn:
$22,158

WAGE SETTLEMENTS

A9l0l.58800
To:
A,6772.5t000215
A6772.58800

DIR, OFF. FOR AGING

A7020.5 1000094

DIR YOUTII SERVICES

$ 9,744

$ 5,506

FRINGES

47020.58800

$ 4,41 4

$ 2,494

FzuNGES

SEQR ACTION: TYPE Il-20

Aooointments
Ms. Chock stated she woultl like additionâl time to review the applications for the appoinhnents Prior to voting on
them. M¡. Burbank inquired if it was necessa¡y to move foruild with these appointments at this meeting or could they be
defened and appointed at a later meeting. Mr. Kruppa stated the¡e were two Boud of Health ¡eappoinhnents that he would
like to have recomended so that they cm sit on the Boud at the meeting in January'
Ms. Chock requested that Cormittee members be provided with a copy of applications of those aPplicuts that üe
not being recomended for appointment to advisory bouds as well.
Ms. Kelles inquired if the other appointments were similår to the Boud of Health in that their cutent tems exPirc
on December 31, 2olj, ud will not be able to sit on the bords in Jmuary mtil they tre reappointed. Mrs. MoBemprior to
Clairbome rugg"rt"d there be a Health mcl Human Seruices Comittee Special Meeting on December 15,2015,
the Legislaturã-meeting to consider the appoinunents to the Office for the Aging Advisory Comittee,. Personal Emergency
Respoise Sewices Advisory Boud, Substmoe Abuse Subcommittee, Developmental Disabilities Subcommittee,
Mentat Health subcommittee, md Cornmunity Mental Health Services Bord.

It

was MOVED by Mr. Bubank, seconded by Ms. Chook, and unmimously adopted by a show of hmds, to

âpp¡ove the following appoinÍnents:

Board of Health - tems expire December 31, 2021
Susan Me¡kel - At-large representative
Edwud Koppel - Physioian representative

It was MOVEÐ by Mr. Burbmk, seconded by Ms. Chock, md mmimously adopted by a show of hmds, to
suspend the meeting at 3:13 ¡.m. to go into the joint meeting with Budgeq Capital, md Personnel Comittee'
Call to Order: Budeet. Canital' und Personnel Committee
Mr. Demis, Chair, called the Budget, Capital, and Persomel Comittee meeting to order

at 3:13 p m.

Mr. Dennis rlistributed a lettc¡ from Dr. David G. Eveþ, MD, MPH, Vice President for Medicâl Atraùs, Cayuga
Medical Center at lthaca, in support of the proposal to oombine the administâlive leadership of the Health md Mental
Health Departments,
Publid Comment snd Appointments

Dr. David G. Evelyn, MD, MPÉI, Vice President for Medical Affairs, Cayuga Medical Center.at lthac4 spoke in
favor of the joining of adminisrative oversight of the Health md Mental Health Departrnents md thanked Mr. Demis for
distributing iir l"i.t ur he did not think he would be in attendmce at this meeting. He stated society has become
for
accustomeã to a system where mental health and public health have been sepüated md believes it hæ taken a long time
people to advooate for mental health seruices. Ai the hospital levet the sepuation between mental health md other health
his
From
mental
health.
without
issues is inpeding progress because it is cleu ttrat community healtlt cmnot move foruard
experiences the tiä piogru*r cmot be integrated unless there is administrative oversight that has a bond and he believes
thire is a need to havi a sbong content expert at that leadership level to better integrate the envbomenl
Ms. Robertson inquirerl if Dr. Evelyn was a member of one of the bouds. Dr. Evelyn stated he was a member of
the Boa¡d ofHealth.

It was MOVED by Mr. Morey, seconded by Mrs. McBem-Clai¡bome, md unanimously adopted by voice vote to
suspend the joint meeting at 3:23 p.m. and retum to the Health ând Humm Senices meeting'
M¡. Stei¡, Chai¡, reconvened the Healtl md Humm Sewices Committee meeting at 3:23 p'm'

Jmila Walida Simon, resident of the Village of Groton md Vice Chair, Tompkins Couty Hmm Rights
Commission, explained the procedures involved with the appoinhnent md re appointment of members of the Hman Righc
to
Commission. Applications re typically received by the Humm Rights Commission, once approved drey are fovrded
the Ofnice of Hunm Righrs an<l ihen iosrrled on to the Legislature. She spoke of the appoinünents of Artemis Tapliga
and Tracy Sault specifìcalty md that the regulr procedures were followed'
Ms. Robertson spoke of the process involved in the âppoin[nent of members of the Humm Rights Commission
if the Commission itrteryiews individuals. Ms. Simon responded thât interuiews ue done md explained the
process involved. Ms. Robertson inquiretl as to what the role was of the Office of Human Rights in regud to the
appoi.t nents. Ms. Simon stated they just foruud the paperwork and lhere is no filtering done of my kind in d¡e Office of
Human Rights to the applicmt procedures.

aud irquired

Ms. Chock inquired as to what extent is the Conmission looking for diversity among cmdidates md asked if the
two students being recommended was because of their age. Ms. Simon stated Artemis Tapliga was from Russia and a
recent immigrant ó the US md Tracy Sault is pilt ofthe under-tepresented community in tenns ofbeing differently able

Ms. Kelles asked about the âppoinünent of Artemis Tapliga md in general of all appointments if thêre was
duration that is prefened in regard to prúcipation on the Boüd. Ms. Simon stated that Ms. Tapliga was chosen due to the
similar interests she has with the indivìtlual she is replacirg on the Bord but she rvill also be uound for several years.
It wns MOVED by Mr. Burbank, seconded by Ms. Chock,
following appoinhnent:

and

mmimously adopted by voice vote, to approve

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Hurnan Riqltts Cornrnission
Artemis Tapligû - tenn expires Decernber 3 l, 20 I 7
Tracy Saults - tem expires Decernber 3 l, 20 l6

It was MOVED by lvlr. Burbank, seconded by Ms. Chock, aud unanimously adopted by voice vote, to approve dl€
following appointment:
llurnan Rishts Commissio¡r
Josephine Cucich - tem expires December 3 l, 2018
Arnos Malone - tem expires December 31,2018

Mrs. lvlcBem-Clairbome inquired about additonal vacanoies on the Commission once these appointments üe
completed. Ms. Simotr stâted tltere would be th¡ee additional vacancies.

It was MOVED by Mr. Stein, seconded by Ms. Kelles, and unmimously adopted by voice vote, to go into
Executive Session to discuss a personnel matter at 3:32 p.m. The Committee rehmed to open session at 3:47 p.rn.
It was MOVED by Mr. Burbank, seconded by Ms. Chock, md unanimously adopted by voice yote, to suspend the
meeting at 3:47 p.m. to go back to the joint meeting.
M¡s. McBean-Clairbome MOVED to reconvene the Budget, Capital md Persomel Committee, seconded by Mr.
Morey, and unmimously adopted by voice vote,

Mr. Dennis, Chair, recoivened

the Budget,

Capital, and Persomel Comittee mseting at 3:47 p.m.

Kimberly Klimowicz, Registered Nurse, Tompkins Comty Mental Health Depütrnent, spoke in opposition to the
merging of leadeiship roles of the Public Health and Mental Health Deparunents. She agrees with the focus of integrated
cuÑhich is importãnt to her in ever¡hing she does. The spiritual, psychiaric, and physical health is imPortmt to her with
every person she approaches. She stated the County Adninis$ator's proposal is not for integrated câre but more a proposal
for Mi. Kruppa thm it is for â joint position. The proposal is to temporüily {ix a serious lack of leadenhip in the Mental
Health Department which was not very efl¡cient to begin with md is even less so now. She spoke of some of the problems
that need to be fixed within ttre Mental Health DepilEnent and this plan is not effective in the wây mental health should be
administered in the twenty-ftrst cenhry.
Dr. John Bezirgmiu, Tompkins Comty Mental Health Department, spoke in favor of the merging of leadership
roles of the Public Health ând Mental Health Departnents. He spoke of his experience in the deparbnent uder multiple
Comissioners, the fact that he serued in the role on a temporry basis, and participated in the recruit¡nent of a
Commissioner. There have been problems for over l7 years and they were still problematic when there was a full'time,
traditional Comissioner. He bélieves a Comissioner cm work to fix the depârhnent and a Comissioner with
managerial skills would be more likely to aocomplish that. The main thing a Commissioner cm do is to assist residents of
thc Cuunty access mental health senices. He stated he has seen chmges under Mr. Kruppa that he has not seen under other
leadership and supports the merger ofthe two Positions.
Larry Roberts, Commity Services Mental Health Bor4 spoke in opposition to the merging of leadership roles
of the Public Health md Mental Health DeparEnents. He stated the Conmmity Sewices Mental Health Boüd is split in its
support of the consolidation of leadership between the Mental Health md the Public Health administration. One thing thâl
thã Boud members ue in agreement on is that they ile not in support of the process that has been taken in regild to this.
He personally is opposed because he believes there is a need for a full-time Commissioner md Deputy Commissioner in dre
depãrtment md thJproposed merger only âdds to Mr. Knppa's already very busy md very inportant jolt. H€ stated he
respects Mr. Mileme md Mr. Knppa both.
Sue Merkel, newly reappointed member of the Boud of Health, spoke in favor of the merging of leadership roles
of the Public Health and Mental Heâlth Depüfnents. She stated that mental health is a huge public health issue md üere is
a need to deal with it 8t a community level. By having a person overseeing both departrnents there can be bette¡
coordination of seruices md eftioiency. She believes there is a great deal that can be lemed from each other, both Boud
members md practitioners,

Jem Polan¿, member of the Mentsl Health Sub-Committee and National Allimce of Mental Iliness - Finger Lakes
Region, spoke in opposition to the merging of leadership roles of the Public Health md Mental Health Depiltments. She
stateO treiprinary cõncem is with the well-being of fmily members md discussed some stats involving individuals with
mental illnesses. She spoke of the need for a responsible and knowledgeable Comissione r of Mental Health. She strongly
supports hiring a Commissioner of Mental Health md then mdertake an extensive review of the possibility ofmerging the
departments of Mental Health and Public Health. She stâted the proposal mentioned Duchess Couty's combination of the
tw; depårünents md explained that they took over two yeus, after m extensive study, for that 1o happen- The Sheriffs
Deptrünent and the Court's Systems ue both undergoing a process to look into mergers md she believes that the merger of
the Mental Health md Public Health Departments should undergo a similar process.
Dr. Jmes McMillim, ¡eti¡ed lntemal M€dicine Physician md president of the Boud of Health, spoke in favor of
the merging of leadership roles of dre Public Health md Mental Health Departmetrts. He stated the integration of mental
healthcaie and lrealthcare in general is a fact of our lives. There needs to be â collâborative process that is ¿ universal
oversight and this was important for the Board of Health in their support for this proposal. This is the beginning of
experience with a combination of oversight büt also with the provision of a Deputy Director md Deputy Commissioner that
wiil be local advocates for both structures md will provide some of the leadership that is being proposed. As the old
version of what the Corilnissioner actually did wilt still be a part of the process, the fact that there would be a substmtive
review at the end of several years suggests that there is no commitrnetrt to this as a forever þroposal but rather a proposal
that will allow the Comty to see "how does this actually work" and the idea ttrat this proposal is not producing someihing
thût cmnot be chmged if the experience with it is such that it does not work makes him feel better about this. The data thät
has been seen so fu suggests the administ¡ative oversight is going well but with mo¡e input md experience being added as
pmt ofthat adminishative oversight makes him even more oomfortable with the action to be taken now rather thm later.

u

Susm C¡owell, a meml¡er of the Community Mental Health Seruices Boud, spoke in opposition to the merging of
leadership roles of the Public Health atrd Mental Heatth Departnents. She is opposed for a numl¡er of reasons but would
like the Ùody of the Legislature to remember the Charter calls for the approval of the Comunity Mental Health Seilices
Board as to tlìe appoinünent of the Commissioner of Mental Health md if the appointrnent is done without the Boüd's
approval she expects a clear explmation as to why. She explained that there is a misconception that the Depütment of
pu¡tic Heatth mems the¡e will be new publio health elements innoduced into mentâl health md nationally it is m exciting
time because there are public health elements being introduced irto mental health but it is not a merger between the two
departments. Instead it is m attempt to integrate prinary care into ment¡l lÌealth. There is an existing nental health system
and she thinks if t[ere is a Commissioner that is on top of that to run the depart¡nent there will be sorne very beneficial

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changes and sorne possible cost savings.

Cuol Booth, a member of the Community Mental Health Sewices Board, spoke in opposition to the merging of
SheexplainedtheBoa¡ditselfnotinfavorofthis
leadership¡olesofthePublicHealthandMentalHealthDepartments.
merger; six opposed, three strongly in favor, three undecided. The Clrafer does call for the Board's recommendation. She
stated thc staff being comfortable with this proposal is misleading and the suruey was completed by those who felt
comlortableenoughtocompleteit. SheshuedsomeanonyrnouscomrnentsftomstaffofdreMentalHealthDepa¡tmentûs
fo

llows:

o
o
o
o

o

o
o
o

o
o

o
o

There is a need for an effective leader with minimal qualihcations in a clinical area
The resolution does not physically integrate thc two depiltnents - as an example bringing
primary cue physicians and specialists into mental health md bringing mental health staff into the primary cue
offices
The process has taken too long to meet with administration regarding concems
Productivity - currently the focus is on construction and electronic recordkeeping but what about
the billing for sewices
Adminisration does not know the ¡oles ofthe various clinicims
The staff was never told what really happened with the last Commissioner md Deputy
Commissioner, why had things gone bad for so long md no one knew what happened
Staffmembers âre not happy about being "uder" the Public Health DePa¡tment
This has not been il open process.
There has been too much backstabbing of the members of the Community lvfental Health
Sewices Boud, not good and not professional
Tl¡e work situation is very mhealthy l¡ecause it is too risky for staff to talk about the merger,
staffmembers âre not in favo¡ they camot talk about it
All stakeholders need to be abte to discuss this oPenly
The staff did not know enough to give meaningful coments when addressing the r¡uestions on

if

the

swey

o
o
o
O

There has been no open discussions ofthe pros ud cons ofthis proposal
Staffjust wilted to know someone was in charge
Staff questioned the fou-year revisit
Just bccause the staff prescntly do not have a leader, they must become

pilt

of Public Health by

default
Bersy Doling, Fiscal Officer ofthe Mental Health DepüÍnent, spoke in favor ofthe merging of leadership roles of
the Publio Hialth md Mental Health Departrnetrts. She spoke of her work with Mr. Kruppa over the last eight months
including working on the budget, plaming, operations, personnel decisions md mmy more items. The deparünent has been
irunerseã in mmy projects which have driven day4o-day and aided in building a natuâl bridge between Public md Mental
Health deprunentiboth progrmmatically ud systemioally which will be benehcial to both depilEnents. lvlr. Kruppa has
been insnumental to the liadirship team of the Mental Health DepuÍnent. She spoke of the memingful use project which
has to do with client centered caìe coupled with general heal0rcre practices. She explained how Mr. Kruppa hæ had
,'hands on" involvement in all the projects at every level. She stâted that she feels thê Mental Health Departnent has a
Comissioner that is p¡oviding the depiltment with stãbility, guidmce, leadership, intelligence, depth, ud wifh action.
She spoke of the original proposal where she saw many concepts and feels there has been a process in making chmges to
address the concems and a timeline given so that this is not m open'ended situation.

Budget. Cûpital. and Personnel Commìttee Discusslon
Ms. Robertson inquired how long there has been a vacmcy in tle position of Commissioner of Mental Health. M¡.
Mareane responded that it has been since approximately Miloh l, 20 15.
Ms. Chock explained that there was a resolution distibuted entitled Resolution calling for a Renewed Search fo¡
Commissioner of Menìal Health (Submitted by Will Bubmk md edited by Cuol Chock on behalf of Will Bubmk) and
that resolution wæ recommended by the Health and Hmans Seruices Comittee at the November 5, 2015, meeting by a
vote of 3 to l. She stated that she would like everyone to know exactly what was in that resolution ud read the ¡esolved
st¡tements of the resolution.

It was MOVED by Mr. Demis; seconded by Mr. Stein, to rccommend the ¡esolution entided Proposal for
Combined Leadership ofthe Mental Health md Health Departnents (Item No. 6010),
Mr. Mueme explained a brief history involving the position of Comissioner of Mental Health.

He

complimented the employees of the Mental Health Deparunent, the sewices lhat they provide to the public, md the fact
thetalwäys put the clients ftrst. There are problems in the department that need to be fixed md he hss seen a number of
poiitive ohmges md lxes to some of those problems over the last eight months mder the oment mmgemetrts. He has
ipoken with employecs in the departnent md hæ heud very strotrg afümations ûom scores of employees that ue
supportive of the direction that this proposal would take the depilÍnent. Mr. Ikuppa has a vision for the Mental Healtlt
Oéprtrnent and his blue print to address the problems within the departnent. The inclusive leadership md effective
management style of Mr. Kruppr have also impacted the Health Deparunent with positive changes. Mr- Mareme hopes
that inew Comissioner of Mental Health can tum the depilt¡nent tround but he knows that Mr. Kruppa cm hlm thõ
departrnent aromd.

ro

two
M¡. Mileône stated that people have questioned this structu¡al chmge, the fact that one person cu
departments md does this make sense in the long tem. He explained that health md mental health departrnents are coming
clóser together in mmy comuníties and closer to home there already have been opportunities of county health and mental
health to engage in shued sewices. The combined Department Heâd is not out ofline ofwhat is occuning elsewhere. Dr.
Evelyn spoke eulie¡ about the compelling reasons why health md mental health should work more closely together.
the deptûnent in the long
Howiver, there is concem ud uncertâinty whether this should be the muner in whioh to
tem. ls this the right structural solution for the long tem? Th€ proposal that has been submitted allows for the Legislature
get
Health
Deparûnent to where it
the Mental
to hold off on a decision. Over the next tltree yets the focu would be to
needs to be by putting a top mmager in charge of both departments. To maximize the chances for success the proposal

ro

includes putting orgmizational supports in place, filling the Deputy Comissioner position, creation of m Administrative
Assistut, and the elevation of a Deputy Director position within the Public Health Deputrnent. Over the next three yetrs
dedication cm be made to âchieve the goals of success and after that period oftime a majority vote of the Legislature would
be needed to keep the ffiilgement in place. In the proposal the fourth year would be a yeu of trmsition, m evaluation
would be completed md ¡eviewed md if the Legislature decides to not keep the ililgement in place a new sea¡ch for a
Commissionei of Ment¿l Health would begin. The overall goal is to build â sbong and sustainable Mental Health

DepilÍnent.
Mr. Kruppa spoke of his experiences over the last nine months md the search for a Commissioner. He was
charged with providing stability to the Mental Health Deptrtrnent when he began as Interim Commissioner while there was

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sesrch taking place for a nerv Comrnissioner. He lelt cor¡fortal¡le with that md believed that was m appropriate way to
move foruard. Over a short period of time he rvas able to recognize there was a great deal of opportunity rvith the interim
situation and immediately saw things happening at the Mental Health Department that could be cotrnected to things
happening at the Public Health DeptrÍnent. He lras had positive experiences in the department and spoke ofmany projects
that have energized him in the Mental Health Departrnent and allowed him to look ot wâys that both deparhnents could
serue the publio better. He explained that he has looked st different concepts that have crossed over from one deparÍnent to
the other, from a cormunity perspective, and the need for a leadership vision to achieve these goals betrveen the two
departments, Heunderstandsneedfortheintegrationofseruicesmoreeffectivelybutitis¡norethantltatmdultimatelythe
goal is to help make people healthier. Health is achieved through more thm a visit to a clinioians or physician's office, it
happens within a oommuity and that is bigger thm just meeting the mental or public health needs. There ue is a large
number of opportunities involved wilh dris.

Mr. Knppa stated he respects'the opinions of everyone that has weighed in on the topio. He feels that Tompkins
a moment i¡ time where m opporhmity has presented itself. The opportunity for him dutweighs the challenges

County is at
that

will

be faced

if

there is a chuoe to try this.

M¡. Demis dist¡ibuted a copy of the resolution entitled Proposed for Combined Leadership of the Mental Health
and Health Departments (Item No.6010) with proposed amendments.
It was MOVED by Mr. Stein, seconded by Mr. Sigler, to recomend the following amendrnents to the ¡esolution:

In the first RESOLVED statement change the phrase from "through December 31. 20t9, md for tfiat plm to be
implemented in substmtial complimce with the "Report to the Health and Hmm Services Commitlee reguding a proposal
for combined leadership of the Mental Health and Health DeparEtrents" prepued by the Couty Administrator md entered
into the ¡ecord of this proceeding" to "through December 31. 2018, plus such additional time in 2019 as the Legislature
deems necessary to evaluate the perfomance of the combined department head model, detemine whether that model shall
continue, md accomodate my organizational trmsition requircd by the Legislature's decision,".
lnsert the following between dre fust md second RESOLVED statements:
'RESOLVED, further, That duing the cowse of the 2016-2018 period, the single departrnent head plm shall be
implemented in substmtial compliuce with the "Report to the Health md Hmm Services Committee regarding a proposal
for combined leadership of the Mental Health md Heallh Deparnnents" prepued by the County Administsator md etrtered
into the record of this proceeding,".

In the second RESOLVED statement remove the pluase "md present the results of that evaluation to the County
Legislature no later than April 1, 2019",
Itr the third RESOLVED statemetrt chmge the phrase "occu by July t, 2019," to "expeàitiously,

ud

by no later

than Dècember 3 l, 20 19."

Mr. Sigler asked Mr. Mareme about the approvâl needed as staled in the Charter. ln response, Mr. Ma¡eile stat€d
the Cha¡ter refers to the âppointnent of a Commissioner and the process of appòintürg a Conmissioner is at the
recdmendation of the Community Mental Health Services Boud with the Legislahue' then confming that
recommendation. This proposal would be an extension of the Interim Commissioner appoinünent. At the last Boild
meeting the sense that M¡. Mareane receivcd íiom the Bord was that it was split in its decision reguding the support of
this plm but the Board did say it woùld yield to the decision riade by ûe Legislature. Mr. Sigler stated he had concems of
the Ègality of the Legislature making this appoinhnent without the recommendation of the Commity Mental Health
Seruices Boud.

'

Mr. Sigler spoke ofthe amendrnent that was distributett and everyone is calling for e study of this. He beiieves this
is the study md expiained that by appointing Mr. Kruppa to that position was m administiative fi¡nction. He believes therê

is a need for more of an adminishative person in the role of Commissioner ráther thm an individual with clinical
backgromd. He stated by hiring a new person there will be no certainty of how they will be able to handle ttre job but he
knows how Mr. Kruppa will hmdle things and he feels pretty oomfortâble with him in that position. The Comty may ndt
have m opportunity to dô a study like this again md obtain this type ofvaluÉble feedback.
Mi. Sigler stated his beliefs ue in complete oonflict with how he felt a month ago. He does not bèlieve that pólicy
should be established aooo¡ding to one person. However, this cm be viewed as il opportunity for the Cdunty. There is a
meítal health problem in the cãutsy and if these t*o depilùnents ue brought togelher then maybe they witl be tré8ted on
the sme püody. He spoke of the rising statistios related to mental health ill¡esses and the luge nwber of gm violence
cases thaiue suicide. It is cleu to him that sometbing needs to be done md bringing menial healtli mder the public health
umbrella does not seem to be such a bad idea M¡. Sigler spoke of the olaim that there is a need foi this to be m opeh
for â long time now.
Þrocess md stated that he believes it hæ been because he has been hearing about this subject
Ms. Kelies thanked Mr. Kruppa for all the hard work he has put forth over the læi few months. She stated she has
had a ohmce to speak with nultiple parties involved md her concems ue that both positions, Di¡ector ofPublio Health ànd

Comissioner of Mental Healtlr, are essentially 40-hou work week positions md asked if responsibilities ltave

been

established for the merged position md the positions of deputies. She also questioned if one person cm acco¡nplish the
tasks requiied of them in an effective mmner in a 40-hou work week especiâlly since there re a Eemendous number of
chmges in the Mental Health DepilEnent. She explaüed that she views temporary as something that cm be experimented
with md if it does not work then it can be retumed back to the original plm md is wonied this is not tempomry in nature.
S¡e spoke of the diffe¡ent md mir¡ue roles ofmental health md public health seruices which brings additional concems fo¡
her. She would like to see a proposal that outlines the duties that would be expected ofthe positions involved md does not
feel comfortable enough in moving fomud to supporting this integration.

Mr. Mareane responded in respect to the temporary natue of the aÍugement md stated it is inheritutly
temporary unless the Legislature takes affimative action to authorize a change. He explained the job descriptions for die
Deputy and there is a draft change to the Director of Public Health job descriptiotr to allow tlìat position to expand to cover
Mental Health responsibilities. Any necessary chmges would be made if the Legislature decides to not continue the
anângement in three to fou yeils. The structure of the integration of the deParbnents was explained.
Ms. Kelles explained she is conoemed ¡bout the changes that æe being expected in the rea ofmental health and if
this is truly temporary if those chorges ils being i¡tegrated into the new anangement. She rvould like to see some
assuuce that it wouid be possible for those chmges to bè integrated without that person being expected to work m 80hour wo¡k week.

Ms. Kiefer stated her understanding is that the position ofDirector ofPublic Health is being expmded to include
some additional duties which will create a different position, She asked Mr. Kruppa ifhe would be interested in seruing as
an lnterim Comissioner for a shorter period of time and stated that armgement would be the best of both worlds.

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ln respo¡se to Ms. Kiefe¡ lvlr. Kruppn stated he wrsn't. lvlr. Mileme also responrled that there are lrard things that
must be done, a magnihrde of clranges, and the mangement needs to be long enough for a chmce of success, He explained
that Mr. Kruppa engaged the staff of the developrnent of the skategic plan of the Health Department ild in developing that
plan he gained direction, improvement in morale, discovered where the problems were, md how to fix tltem. That is a
lengthy process md âdequate time needs to be given to this proposal so there is a chance for success. He does not think
tlute years is an unreasonable period of time to address and fix the problems tltat exist.
Mr. Burbauk stâted that he thinks it is a critically wrong decision to build a position around one person. He thinks
that if tbis is done there needs to be a process involved to really look at dre full perfomance of that person. He stated that
he was deeply thmkful that Mr. Kruppa was able to jump in rvith both feet and fill the interim position. He stat€d that he
was apologizing for brhging forth a proposal for an evaluation reguding Mr. Kruppa without first consulting him and
accredited Mr. Kruppa with stabilizing whât wâs a very unstable situation. He discussed the incremental stePs that have
been taken in regard to this anangement. The concems he hæ re that there ue a great deal of things that cm be shared by
both departments but there üe ã number of things lhat are dramatically different between public health md mental health.
He queslioned if the best way to provide seryices is by having one person oversee all these operations to have a hi8h
functioning departnent md stated he is receptive to taking a step back ud reviewing the model being proposed.

Mr. John asked Mr. Knppa what he would do to address the issue reguding the Community Mental Health
Service Boud being divided and what would he do to fix that divide. Mr. Kruppa responded thât it will take time but he
would like to include them more in the futu¡e and engage the Boild in discussions. He would like to show them that he has
prioritized what the communities needs re md to provide the seryices needed.
Ms. Chock stated she did not tlúnk the Legislature should be so fu apart in the two approaches that hâve been
presented. She questioned what the âppropriate mount of time would be to ltave this process in place prior to a fomal
evaluation period. She has heud concems from mental heâlth and developmental disability professíonals in dre comuity
about tlìe commitment in the proposal for such a long term. She believes the Legislatue will leåve itself open to criticism
because the Cha¡ter does require a recommendation of the Comunity Mental Health Serviccs Board fo¡ this appoinm€nt.
The ment¿l health community has stated the need for a vision by someone witlt a professional backgroud in clinical wo¡k
in that field i¡ tandem with a flawless administrator. Ms. Chock stâted there has never been my concem in public or
private that there has been anything but a flawless adminisEâtor in the position of lnterim Commissioner. The stakeholders
must have trust in the process in order for this to work and Tompkins County has a history of great discussions regarding
the buy-in f¡om stakeholders. tf the Legislature is going to deviate from what the Chtter states then the Comty needs to
make sue it has gone above md beyond to consider all stakeholde¡s interests.

Ms. Chock suggested some chmges be made to the resolution being discussed by the Budget, CaPital, ând
Persomel Committee with the amendments presented by inserting portions of the resolution that was approved by the
Health md Hmm Services Comittee.
Ms. Robertson spoke ofwhat Dr. Bezirgmim said and thought it was interesting. Every DeparÍnent needs m
administrative head with the highest possible level of quality iloluding the Mental Health Department but that does not
mcm that a single person is required to do that. The Couty Adminisüator milages 27 different departments. She believes
there is a luger problem if the Commissioner of Mentål Health is seeing patients. Every larger deptrfinent in th€ County
requires similar skills in the Departrnent Head position; the ¿bility to motivate, ability to inspûe people, the ability to create
consensus, the ability to unde¡stmd the requirements of the deptrtnent, the ability to listen, md more. She explained thût
this does not mean the administator in that department is required to do that for a single dePä¡ünent od only a single
depa¡tment. She believes that most of the job cm be sliced and diced in many different ways and the treed to mâke sue that
functions üe coveted but not necessuily by one person on a Íaditional model the way it has always been done. It is not a
lack of respect to the Mental Health Depuütrent to sÂy it is ok to shue a Comissioner.
Ms. Robertson responded to the statement that Ms. Chock mÊde that the¡e wæ a flawlesS administsator as the
Interin Commissioner of Mental Health md added that the Comty has the best they cm have in that position. \Vhy would
the Comty throw away whât it hæ now to tâke a gmble to see what it gets in the fthue? She stated that there is no
guarmtee ofwho can be located down the road to f¡ll that position.
Ms. Robertson responded to Mr. Burbmk's reference to not looking at this proposal in an abshact mamer. She
stated that cha¡ts ue not neede4 there ue ¡eal people here and she thinks that this should be done. She ¡eferenced the
statements th¿t fou years seems pemment md she views those concems âs the worry that this might succeed. She thjnks
this has been discussed exhaustively and there should be trust in the people that will be here in three or fow years to choose
the evaluation process and there needs to be a chance to allow people to câlin down md stop disoussing this md begin
doing the work.
Mr. Bu¡bmk responded to Ms. Robertson that he is not woried it might succeed but he is wonied thât it could be
done better. He would like to look at this objectively without taking away a specific person md see if that level or division
really males sense.

Ms. Chock stated for cluification that she was suggesting that the Comittee stârt with the proposal that was
presented at tlús meeting and witten by Mr. Mileme with mendments made by Mr. Stein md that the Couty trot proceed

with hiring a Comissioner of Mental Health but that the position be continued on al interim basis followed by

a

stakeholders study.

Ms. Kelles stâted she has concems i¡ regüd to the mixture of persomel and process.

Mr. Demis requested the BudgeE Capital, md Pe¡somel Committee membe¡s vote on the amended ve¡sion of the
Proposal for Combined Leadership of ûe Mental Health md Health DePa¡Enents (ltem No. 6010).
The following is the vote result by the Budgel, CâpitâI, and Personnel Committee on the following rcsolution as
arnended: Ayes-4 (Dennis, Robertson, Sigler, md Stein); Noes- I (McBem-Clairbome). MOTION CARRIED.
Resolution: Authorizing a Plln to Exprnd the Responsibilities of the Publ¡c II€âlth Director to lnclude Management
0f the Mental Hellth Deprrtm€nt ând Mnke Other Necessary Changes to Fncilitate th¡t Plûn (ID #6010)

bee¡r

WHEREAS, sínce Milch 2015, a vacmoy in the position of Tompkins County Commissioner of Mental Health
filled on m interim basis by Tompkins County Public Health Director Frank Kruppa, and

has

WHEREAS, the efforts of Director Kruppa to simultmeously lead both the Health md tvfental Health Departments
have provided welcomed stability to the Mental Health Deparünent, and

WHEREAS, a proposal has been made to extend the duration of this combined department heâd mmgement, and
WHEREAS, there

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Depü tments produce better outco¡nes or lower costs, urd
WHEREAS, there ore substmtive diffe¡ences in the fields of public and mentdl health but also oppo¡tunities for
shared services and merged operations,

ild

WHEREAS, it has
until more local experience

beerr ¡ecomrnended that a final decision on a permuent mânagement
¿nd national data has been studied md evaluated, and

configuration be defened

WHEREAS, it has been recognized that however this plays out thât it is necessa¡y to fill the position of Deputy
Mental Health Commissiore¡ and a two month national search was begun in October 2015, now ilrerefore be it

RESOLVED, on ¡ecommendation of the Budget, Capital, and Persomel Comittees, That dris Legislatue
authorizes the County Administrâtor to implement a plan for the responsibilities of the Public Health Director to be
expmded to include the responsibilities heretofore gnnted to the Commissioner ofMental Health for the period December
l, 20 15, th¡ough December 3 l, 20 18, plus such additional time in 20 I 9 as the Legislature deems necessary 10 evaluate the
perfommce of dre combined deprinent head model, detemine whether that model shall continue, consider otìer
orgffiizational altemâtives, md accommodate my orgmizational hansition required by dre Legislature's decision,
RESOLVED, fiuther, Thât dùring the couse of the 20l6-20f8 perio{ the single departnent liead plm be
implemented on m interim basis in substantial compliance with the "Rêport 10 the Health and Humm Seruices Committee
reguding a proposal for combined leadership of the Mental Health md Heâlth Deptrhnents" prepared by the County
Administrator md entered into the ¡ecord ofthis proceedings,
RESOLVED, further, That beginning in euly 2019, Tonpkiro County will conduct a 360 deg¡ee style perfomance
review of the cunent aÍangement to evaluate how well the interim adminisradve solution is working from the perspective
of staff, boards, comunity members, md other stakeholders,

RESOLVED, further, That iq the sme time period, Tompkins Comty will

fom a task force to exmine

thé

operations and consider the futue directions ofboth the Health and Mental Health Depiltments, to include consideration of
the âdvmtages md disadvantages of m administrative partial or firll merger, identification of üre vuious aspects of their
operations md any ñrnctions that might be combined, md any lessons that cm be leamed ûom other counties that have
merged tùese particulr functions,

RESOLVEÐ, further, Thât b¿sed on the evaluation, the results reported by thejoint task fo¡ce, md other factors this
Legislature may deem pertinent to its decision, a vote by the Legislature to re-authorize the combinèd deparEnent head
model shall take place expeditiously, md by no lflter thm December 31, 2019, with a majority approval of the Legislatiue
required to re-authorize the combined departrnent head model,
RESOLVED, further, That the salary of the Public Health Director shall be set at $l 19,180 efiective December l,
2015, md shall thereafter be adjusted by the sme percentage increase or decrease, oi by my chmge in benefit or benefit
'contribution, applied to other employees paid pusuut to the Countll's mmngemeirt salary md benefit coinpensation plm
pr'ovided, however, thot ifthe Legislatu¡e does not re-authorize the combined deparbnent head model, the salary shall retum
to the equivalent ofthe cunentLabor Grade for the Publio Health Dheotor on December 3l,2019, or suoh edier'time as
the Publio Health Director's responsibilities pertaining tò the Mèntat Héalth Departrnent conclude,
RESOLVED, firther, That m Adminisûative Assistmt 3 position be created in the Ment8l Heâlth Department, ånd
to assist the Public Health Director in his dual deparinental responsibilities, providèd, however, that if the
Legíslature does not ¡e-authorize the combined d€piltstrent head model, the Adminisûative Assistatrt 3 position will be
abó[sherl effective Decembêr 31, 2019, or such ètrlier time æ the Public Health Dhector responsibilities þertaining to the
Mental Heâlth DepaiÍnent conclude.
assigned

SEQRACTT'N:

TYPEII-2'

***'***ri*

The Budget, Capital, and Persomel Committee meeting adjomed at 5:27 p.m.

Hb¡lth and lluman

Services Committee Discussion

Ms. Chock MOVED to resume the meeting of the Health md Hman Seruices Committee at 5:27 p.m,, seconded
by Mrs, McBem-Clairbome.

It was MOVED by M¡. Stein, seconded by Mr. Bubank, to recominend the resolution entitled Proposal for
Courbined Leadership of the Mental Health md Health Depuunents (Item No. 6010) il presented to the Budgel Capital,
and Persomel Comittee,
Mr. Bu¡bank st¡ted this proposal has been built around a specilic person md there ue elements that he would like
to discuss in Executive Session.

ft was MOVED by Mr. Bubank,

seconded by Ms. Chock, to hold

m

Executive Session to discuss a perso*el

matter-

Mr. Bu¡bmk widrrl¡ew his motion until after

a

brief discussion.

Ms. Chock stated she was willing to work with all Legislators to come up with a proposal that everyone is in
with, Comittee members discussed the need to be in agreement on this.

agreement

Mr. Stein inquired if the Comittee would like to have an additional meeting to ûy to put forth û resolution to the
Legislature on Decembe¡ 15, 2015. Committee members stated drey would decide after they discussed it in Executive
Session.

Bxecutive Session

it was MOVED by Mr. Bubank, seconded by Ms. Kelles, to hold u Executive Session to discuss a persomel
¡natter. A voice vote resulted as follows: Ayes - 4 (McBem-Clairbome, Chock, Burbank, and Kelles), Noes - I (Stein).
MOTION CARRIED,
Mrs. McBean-Claùbome was excused at 5:48 p.m.
M¡. Jolm was excused ât

An Execuiive Session

6:

was

l2 p.m.
held at 5:37 p,m. and retumed to open session at 6:17 p.m.

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¡\d io urnment
The meeting adjourned at 6: 17 p.m.

Welcome to the Tompk¡ns County Leglslature meetlng portal. Please submlt comments to: Leglslature@tompklns-co.org,

http://tompkinscountyny.iqm2.com/Citizens/FileView.aspx?Type:12&ID:2250

31312016

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lnclusion tltrough

Download Document
Joint Meeting
flealth and Human Services Committee
And
BurIget, Capital, and Personnel Committee
Regular Meeting Minutes (sme as Notes) - Approved l-7-16
Thursday, December 3, 2015 3:00 PM
Legislature Charnbers

Attendance
Attendee Nome

,_

-,PeterStein
Crol Chock

L__esþ lvloBem-Clairbome

Will Burbmk

-

Ànna

Kelies

Member
Member
Member

.

i"-"" ôãí"lt

Present

I

Present
Present

.

t

Legislator

-_legislator_

I

,

,t----Present
-I Present

!1çmÞer

Martha Robertson
__Dooley Kiefer

-

Legislator

_ -___ ._ -.

PIqrgtlt
Present

Plqse!l

I

Administ¡ator
County Attomey
Public Info." Ofücer, Coyn-ty Administration
Commissioner of Persomel

'---

*

Present
Present

l-I9s94,
Present

Present

Þut'iii üeatttìAdminis-traiu

Kuen Bae¡
-

Þ;esõi

-Þreiónt

of

, Lisa Holrnes

Office.for the-Agirg

Present

Katrina
Cuests:

Comrnuni¡r Mental Health Services Boud Membe¡s: Larry Roberts, Susm Crowell, Cuol Booth;
National Alliance on Mental Illness (NAMI)-Finger Lakes Member: Jom Poland; Boud of Health Membe¡s:
Dr. David Evelyn, Dr. Jrunes McMillim, Sue Merkel; Mental Health Depa¡tment staff: Betsy Doling, Fiscal
Ofãcer; Dr. John Bezirgmim, Medical Director; Kim Klimowicz, Registered Nuse; Ama Drake,
Administrative Assistant; Humil Rights Cornmission: Jmila'ffalida Simon

Crll to Order: Health and llumân

Services

Mr. Stein, Chair, called the meeting to order at 3:05 p.m.
Office for the Asine/Youth Serv¡ces
Resolutioo 2015-280: Budget Adjustment - County Office for the Aging and Y0uth Services (ID #5987)

RESULT:

RECOMMENDED f UNANIMOUSI

MOVER:

Leslyn McBem-Clairbome, Member

SECONDER:

AYES:

Carol Chock, Member
ein, Chock, McBem-Clai¡bome, Burbank, Kelles

WHEREAS, pusuant to AdminisÍative lvlanual Policy 05-02, budget adjustments erceeding $5,000 requir€
Legislative approval, md
WHEREAS, upon application of the Point Rating Factors utilized to detemine the appropriate classification of all
County positions, the positions of DLector of the County Office for the Aging md Di¡ector of Youth Seryices were
reclassified by the Personnel Deparlment in May 20 15, and
WHEREAS, the 2015 Budget for úe Office for the Aging and tlìe Youth Sewices Bueau do not have âdequate
funding to support the additional salary and fringe cost associated with the ¡eclassification, now therefore be it

RESOLVED, otr recommendation of the Health and Human Services and the Búdget, Capital,
Committees, That the Di¡ector of Finance is autho¡ized to make tlre following budget adjustments:

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ud

Personnel

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Frotn:

To:
A6?72.5 I 0002 l5

$22,158

WACE SETTLEMENTS

A9l0l.58800

$ 9,?44

DIR, OFF, FOR AGING

$ 5,506
$ 4,414

FRINGES

^6772.58800
A7020,5 t000094

DIR YOUTH SERVICES

SEQR

ACTION:

s2,494

FzuNGES

,q'7020.58800

TYPE Il-20

tt*ii*t***

AÞpo¡ntments
Ms. Chock stated she would like additional time to review the applications for the appointrnents prior to voting on
them. Mt. Burbank inquired if it was necessary to move fovrd with these appointments at this meeting or could they be
defenerl and appointedìt a later meeting. Mr. Knppa stated there were two Boud of Health reappointnents that he would
like to have recomended so that they cân sit on the Board at the meeting in January.
Ms. Chock requested that Comittee members be provided with
not being recomended for appointment to advisory bouds as well.

a

oopy of applications of those applicmts that ue

Ms. Kelles inquirerl if the other appointmenß were similar to the Bord of Health in tlut their cunent tems e xpire
on December 31, 201j, md will not be 0ble to sit on the bouds in Jmuary uhl they are reâppointed. Mrs' McBemClai¡bome ,ugg.it"d th.r" be a Health md Human Setrices Comittee Special Meeting on December 15, 2015, prior to
the Legislaturi meeting to consider the appoinûnents to the Ofüce for the Aging Advisory Comittee, Personal Emergency
Respoise Sewices Advisory Boild, Substmce Abuse Subcommittee, Developmental Disabilities Subcommittee,
Mental Health Subcommittee, md Community Mental Health Seruices Board.

It

was MoVED by Mr. Bubmk, seconded by Ms. Chock, md unmimously adopted by a show of hmds, to

approve the following appoinÍnents:

Board of Health - tems expire Decembet3l,202l
Susan Merkel - At-lrge representative
Edward Koppel - Physician representative

It was MOVED üy Mr. Burbmk, seconded by Ms, Chock, md mmimously adopted by a show of hands, to
suspend the meeting at 3: 13 p.m. to go into the joint meeting with Budge! Capital, md Persomel Comittee'
Cûll to Order: Budeet. Clpital. and Personnel Committee
Mr. Demis, Chair, called the Budget, Câpital,

and

Persomel Committee meeting to order at 3:13 p.m

Mr- Dennis distributed a letter f¡om Dr. David G. Evelyn, MD, MPH, Vice P¡esident fo¡ Medical Affai¡s, Cayuga
Medical Center at lthaca" in support of the proposal to combine the administative leadership of the Healdr md Mental
Health Departnents.

Public Comment Ênd Apfrointments
Dr. David G. Evelyrl MD, MPH, Vice President for Medioal Affairs, Cayuga Medical Center ât lthaca, sPoke in
favor of the joining of adrninistrative oversight of the Health ud Mental Health Deptrttr€nts md thmked M¡. Demis fo¡
distriburing hir l"tt"t us he dirl not think he would be in attendmce at this meeting. He stated society has become

acoustomeã to a system where mental health and publio health have been sepuated md believes it has taken a long time for
people to a¿vocaó for mental heolth sewices. At the hospital level the sepuation between metrtal health md odrer health
issues is impeding progress because it is cleil that community health omot move foryard without mental health. F¡om his
experiences the tià piogtu.s oanot be integrated unless there is adminisrative oversight that has a bond and he believes
thire is a need to have a sbong corìtent expert ât that leadership level to better integrate the envLoment.

Ms. Robertson inquired
the Board of Health.

if Dr. Evelyn

was

¡

member of one of the

bords. Dr. Evelyn

stated he was a member

of

It was MOVED by Mr, Morey, seconded by Mrs. McBem-Clai¡bome, md unmimously adopted by voice vote to
suspend the joint meeting at 3:23 p.m. and letm to the Healdr and Humm Sewices meeting.
M¡. Stei¡, Clrai¡, reconvened

tl¡e

Health and Humm Seruices Committee meeting åt 3:23 p m'

Jmila Vr'alitla Simoq resident of the Villâge of Groton md Vice Chair, Tompkins Couty Hmil Rights
Commission, explained the procedures involved with the appointment and reâpPointment of members of the Huan Rights
Commission. Applications ue typically received by the Humm Rights Commission, once approved they are foruuded to
the Office of Humu Rights ancl then iorua¡ded on to the Legislature. She spoke of the appointments of Artemis Tapliga
and Tracy Sâult specihcally md that the regulu procedures were followed.
Ms. Robertson spoks of the process involved in the appoinbnent of meml¡ers of the Humm Rights Comission
if the Comission intewiews individuals. Ms, Simon responded that i¡teruiews re done md explained the
process involved. Ms. Robertson inquired as to whât the ¡ole was of úe Office of Human fughts in regrd to the
appoint^ents. Ms. Simon stated they just foruad the paperwork and there is no filtering done of my kind in the Oflice of
and inquired

Human fughts to the applicmt procedures.

Ms. Chock inquired as to what extent is the Commission looking for diversity mong candidates and asked if the
two students being recômmended was because of their age. Ms. Simon stated Artemis Tapliga was from Russia and a
recent immigrant ó the US mtl Traoy Sault is put of the under-represented comunity in tems of being differently able.
Ms. Kelles asked about the appointment of Artemis Tapliga md in general of all appointments if there wm
duration that is prefened in regard to puticipation on the Bord. Ms. Sirnon stated that Ms. Tapliga was chosen due to lhe
similar interests she has with the individual she is replacing on the Boud l¡ut she will also be around for several yeårs.
It was MOVED by Mr. Burbmk, seconded by Ms. Chock, and unmimously adopted by voice vote, to approve
following appointment:

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Artemis Tapliga - tem expires Decernl¡er 3 l, 20
Tracy Saults - tem expires December 3 l, 20 l6

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It was lvtOVED by Mr. Burbank, seco[ded by Ms. Chock, and unmimously adopted by voice vote, to approve the
followin g appointmetrt:
Human Rishts Commission
Josephine Cucich - tem expires Dece¡nber 3 l, 20 l8
Amos Malone - tem expires December 31,2018

Mrs. McBean-Clairbome inquired about additional vacancies on the Commission once these appointments ile
completed. Ms. Simon stated there would be tlree additional vacancies'

It was MOVED l¡y Mr. Stein, seconded by Ms. Kelles, and unanimously adopted by voice vote, to go iDto
Executive Session to discuss a personnel rnatter at 3:32 p.m. The Committee retumed to open session at 3:47 p.In.
It was MOVED by Mr. Burbanl, seconded by Ms. Chock, md unanimously adopted by voice vote, to suspend the
rneeting at 3;47 p.m. to go back to the joint meeting.
Mrs, McBean-Clairbome MOVED to reconvene the Budget, Capital md Personnel Comittee, seconded by Mr.
Morey, and unmimously adopted by voice vote.

Mr, Dennis, Chair, reconvened the Budget, Capital, ud Persomel Committee m€eting

at 3:47 p.m.

Kimberly Klimowicz, Registered Nurse, Tompkins Couty Mental Health DepilÍnent, spoke in opposition to the
merging of leadership roles of the Public Health and Mental Health Depa¡ùnents. She agrees with the focus of integrated
cuwhich is important to her in ever¡ling she does. The spiritual, psychiatric, and physical heallh is importÐt to her witlt
every person she approaches. Sh€ stated the County Administrator's proposal is not for int€grated câre but more a proþosal
for Mr. I(nppa than it is for a joint position. The proposal is to temporuily fix a serious lack of leadership in the Mental
Health Department which was not very efficient to begin with md is even less so now. She spoke ofsome ofthe problems
rhat need io be fixed within the Mental Health Deptrtnent md this ptan is not effective in the way mental health should be
administe¡ed in the twenty-ftrst cenhry.
Dr. John Bezirgmim, Tompkins County Mental Health DeparnnenÇ spoke in favor of the merging of leadership
roles of the Public Health and Mental Health Depaftnents. He spoke of his experience in the department mder multiple
Comissioners, the f¿ct that he served in the role on â tempo¡try basis, and particiPated in the recruiEnent of a
Commissioner. There have been problems for ove¡ l? years and they were still problematic whetr there was a full-time,
t¡aditional Comissioner. He believes a Comissioner cm work to lix the depârûnent md a Commissioner witl¡
managerial skills would be more likely to accomplish that. The main thing a Commissioner om do is to assist residents of
the Cóunty access mental health services. He stated he has seen chmges under Mr. I(nppa that he hâs not seen under odrer
leadership and supports the merger ofthe two positions.
Lârry Roberts, Community Seruices Mental Health Bou{ spoke in opposition to the merging ofleadership roles
of the Publio Health md Mental Heâlth Depa¡hnents. He stated the Commity Sewioes Mental Health Boud is split in its
support of the consolidation of leadership between the Mental Health md the Public He¡lth administration. One thing that
the Boud members üe in agreement on is that they ile not in support of the process that hâs been taketr in regrd to this.
He personally is opposed because he believes there is a need fo¡ a ñ¡ll-time Commissioner md Deputy Commissioner in dte
department md the proposed merger only adds to Mr. l(nppa's already very busy ild very imPortantjob. He stated he
respects lvlr. Mmeme and Mr. Knppa both.
Sue Merkel, newly reappointed member of the Boud of Health, spoke in favor of the merging of leadership roles
of the Public Health and Mental Health Deputnents. She stated that mental health is a huge public health issue md there is
a need to deal with it at a community level. By having a person overseeing bodr deparünents there can be bstter
coordination of senices md efficiency. She believes there is a great deal that can be leamed from each other, both Bocd
members md practitioners.

Jem Poland, member of the Mental Health Sub-Committee and National Allimoe of Mental Illness - Finger Lakes
Region, spoke in opposition to the merging of leadership roles of the Public Health md Mental Health Depiltments. She
staied hei primary concem is with the well-being of fmily members md discussed some stats involving individuals with
mental illnesses. She spoke of the need for a responsible and knowledgeable Comissione¡ of Ment¿l Health. She strongly
supports hiring ¿ Commissioner of Mental Health and then mdertake ån extensive review of the possibility ofmerging the
deþartments ofMental Health and Pul¡lic Health. She stated the proposal mentioned Duchess County's combination ofthe
two deputnents md explained that they took over two yeils, after m extensive study, for that to happen. The Sheriffs
Depütnent ud the Court's Systems ue both undergoing a process to look into mergers md she believes that the merger of
the Mental He¿lth and Public Health DePartments should undergo a similar process
Dr. Jmes McMillim, ¡etired Intemal Medicine Physician md president of the Boud of Health, spoke in favoi of
the merging of leadership roles of the Public Health md Mental Health Departments. He stated the integration of mental
healthcare and healthca¡e in general is a fact of our lives. The¡e needs to be a oollabo¡ative process tliat is a universal
oversight and this was importmt for the Board of Healtl¡ in their support for this proposal. This is the beginning of m
experience with a combination of oversight but also with the provision of a Deputy Director ild Deputy Commission€r that
will be local advocates fo¡ both structures md will provide some of the leadership that is being proposed. As the old
version of what the Comissioner actually did will still be a part of the process, the fãct thât there would be a substætive
review at the end of several years suggests that there is no comnìiÍnent to this as a forever proposal but rather a proposal
that will a[ow the Comty to see "how does this actually wo¡k" and the idea that this proposal is not producing something
thât cmnot be chmged if the experience with it is such that it does not work makes him feel better about this. The data that
has been seen so fu suggests the administative oversight is going well but with more input md experience being added as
pilt of that ad¡ninisftative oversight makes him even more comfo¡table with the action to be taken now ndrer thm later.
Susan Crowell, a membe¡ of the Cormunity Mental Health Seruices Boud, spoke in opposition to the merging of
Ieadership roles of the Public Health md Mental Health Departrnents. She is opposed for a nmbsr of reasons l¡ut would
like the body of the Legislature to remember the Charte¡ calls for the approval of the Comunity Mental Health Seruices
Board as to the appointment of the Commissioner of Mental Health md if the appoinnnent is done without the Boud's
approval she expects a clear explanation as to why. She explained that there is a misconception that the DePttment of
Public Health mems there will be new public health elernents infoduced into mental healù md nationally it is m exciting
time because there ue public health elements being introduced into mental health but it is not a merger between the two
attempt to integrate primary c¡re into mental health. There is m existing mental healù system
departments. Instead it is
anrt she thinks if there is a Commissioner that is on top of that to run the departmetrt there will be some very beneficial

u

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changes and some possible cost savings.

Cuol Booth, a rneml¡er of the Community lvtental Health Sewices Board, spoke in opposition to the merging of
SheexplainedtheBoa¡ditselfnotinfavorofthis
leadershiprolesofthePublicHealthandMentalHealthDepårtmetrts.
merger; six opposed, three shongly in favor, tlrree undecided. The Charter does call for the Board's recommendation. She
strted the staff being comfortable with this proposal is misleading md the suruey was completed by those who felt
comfoúableenoughtocompleteit. SheshuedsomeanonymouscommentsfromstaffofdreMentalHealthDepârÍnentas
follows:

o
O

o
Õ
o
o
o
o
o
o
o
o
o
o
o
o

There is a need for an effeotive leader with minimal qualifications in a clinical area

The resolution does not physically integråte the two depütments - as an example bringing
primary care physicians and specialists into mentâl health md bringing mental health staff into the primary ctre
offices
The process has taken too long to meet with adminisüation ¡egarding concems
Productivity - curently the focus is on construction md elect¡onic ¡ecordkeeping but what about
the billing for seruices

Adminisnation does not know the roles ofthe various clinioims
The staff was never told what really happened with the last Commissioner md Deputy
Commissioner, why had things gone bad for so long md no one knew whât haPpened
Staffmembers are not hapPy about being "mder" the Publio Health Department
This has not been m open Process.
There has been too muoh backstabbing of the members of the Community Mental Health
Sewices Boud, not good and not professional
The work situation is very mhealthy because it is too risky for staffto talk about the merger, if
staffmembe¡s a¡e not in favor they cannot tâlk about it
All stakeholders need to be able to discuss this openly
The staff did not know enough to give meaningful comments when addressing the questions on
the

swey
There has been no open discussions ofthe pros md cons of this proposal
Staffjust wmted to know someone was in charge
Staffquestioned the four-yerrevisit
Just because the stâff presently do not have a leader, they must become

pilt

of Public Health by

default
Betsy Dolitrg, Fiscal Officer ofthe Mental Health Deparùnent, spoke in favor ofthe merging ofleadership roles of
the Public Health and Mental Health Deparünents. She spoke of her work with Mr. I(uppa over the last eight months
including working on the budge! plaming, operations, persomel decisions md mmy more items. The deparùnent has been
imersed in mmy prcjects whioh have driven day-to-day and aided in building a natural bridge between Public md Mental
Health depiltnents both progrmatically md systemically which will be beneficial to both depdtnents. Mr. Knppa has
been instumental to the leadership team of the Mental Health Depùtment. She spoke of the memingful use project which
hâs to do with client centered care coupled with general healthcue practices, She explained how Mr. Kruppa hæ had
"hmds on" involvement in all the projects at every level. She stated that she feels the Mental Health Departrnent has a
Comissioner that is providing the depilünent with stability, guidmce, leadership, inlelligence, depth, md with action.
She spoke of the original proposal where she saw many concepts and feels there has been a process in making chmges to
add¡ess the concems and a tineline given so that tlús is not m open-ended situation'
Budset. Câpit[1. ând Personnel Committee Dlscuss¡on
Ms. Rob€rtson inquired how long there has been a vacmcy in the position of Commissioner of Mental Health. Mr.
Mareane responded thatithas been since approximately Maroh l,2015.

Ms. Chock explained that there was a resolution distibuted entitled Resolution calling for a Renewed Sea¡ch for
Commissioner of Mental Health (Submitted by WiU Burbmk md edited by Carol Choo! on behalf of Will Burbmk) and
that resolution was recommended by the Health and Hmans Sewices Comittec at the November 5, 2015, meeting by a
vote of 3 to 1. She stated that she would like everyone to know exactly what was in that resolution ud read dre resolved
statements of the resolution.

It wâs MOVED by Mr, Demis;

seconded

by Mr. Stein, to recomend the resolution entitled

Proposal for

Combi¡ed Leadership of lhe Mental Health md Health DeptrEnents (Iten No. 6010)'

Mr. Mileme explained a brief history involving the position of Comissioner of Mental Health. He
complimented the employees of the Mental Health Deparùnent, the sewices that they provide to the public, md the fact
they always put the clients frst. The¡e ue problems in the d€prtrnent that need to be fixed md he has seen a number of
positive chmges md fxes to some of those problems over the last eight months uder the cment mmgements. He has
spoken with employees in the deparnnent md has heud very strong aflmations ûom scores of employees that re
supportive of the direction that this proposal would take the depilünetrt. Ml. Kruppa has a vision for the Mental Health
Oépunnent and his blue print to address the problems within the deparÍnent. The inclusive leadership md effective
management style of Mr. Kruppa have also impaoted the Health Depüttrent with positive changes. Mr. Mareme hopes
that â new Comissioner of Mental Health oan tum the departrnent tound but he knows that Mr. Kruppa cm tum the
department aroud,

m

two
Mr. Mue¡ne stated thåt people have questioned this struchfal change, the fact that one person çm
departments md does this make sense in the long tem. He explained that health md mental health deParünents are coming
mental
clóser together il mmy communities and closer to home there already have been opportunities of county health and
health to engage in shued seryices. The combined Department Heâd is not out ofline ofwhat is occuring elsewhere. Dr.
Evelyn spoke eulie¡ about the compelling reasons why health md mental health should work more closely together.
the departrtrent in the long
However, there is concem md uncertainty whether this should be the mmne¡ in which to
tem. Is this the right structural solution for the long tem? The proposalthat has been submitted allows for the Legislanrc
to hold off on a decision. Ove¡ the next tltree yeus the focus would b€ to get the Mental Health DeparÍnent to whe¡e it
treeds to be by putting a top mmager in chrge of both dspartments. To maximize the chances for success the proposal
includes putting orgmizational suppofls in place, filling the Deputy Commissioner position, creation of m Administrative
Assistmt, and the elevaton ofa Deputy Dtector position within the Public Health DePdhnent, Over the next Úuee yetrs
dedication cm be made to achieve the goals of success and after that period of time a majority vote of the Legislature would
¡e needed to keep the ffimgement in place. In the proposal the fourth year would be a yeu of trmsition, m evaluâtion
would be completed md reviewed md if the Legislature decides to not keep the mmgement in place a new search for a
Commissioner of Mental Health would begin. The overall goal is to build a strong ând sustainâble Mental Health

ro

Depilt¡nent.

Mr. Kruppa spoke of his experiences over the last nine months md the serch for a Commissioner. He was
charged wíth providing stability to the Mental Health Deptrtrn€nt when he began as lnterim Comissioner while there was

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place for a new Comrnissioner. He felt comfortable with that md belicved thât wls m appropriate way to
â se¿rch taking -Ove¡
a short period of time he was al¡le to recognize there was a great deal of opPorünity with the interim
nove fomard.
sihtation and immediately saw things happening at the Mental Health Depù[nent that could be connected to things
happening at the Public Health Depilbnent. He has had positive experiences in the department and spoke ofmany projects
thit havJenergizerl him in the Mental Health Ðepartnent and allowed him to look al ways that both departments could
serve the public better, He explained that he has looked at different concepts that h¿ve c¡ossed over from one depârtnent to
the other, from a cormunity perspective, and the need for a leadership vision to achieve these goals between Ûe two
departme[ts. He understands nled for the integration of sewices more effectively but it is more than that md ultimately the
goàt ir to h"lp rnake people healthier. Health is achieved through more thm a visit to a clinicians or physician's office, it
irappens within a commuity and that is l¡igger thm just meeting the mental or public health needs. Tltere ue is a large
number of opportunities involved with this

Mr. Knppa stated he respects'the opinions of eVeryone that has weighed in on the topic. He feels that Tompkins
County is at a mòment in time where m opportuity has presented itself. The oppornrnity for him outweighs the challenges
that will be faced ifdrere is a chuèe to ay this.
Mr. Demis disúibuted a copy of the resolution entitled Proposed for Combined Leadership of the Mentâl Health
and Health Departmetrts (ltem No. 6010) with proposed mendments.
It was MOVED by Mr. Stein, seconded by Mr. Sigler, to recomend the following amendments

to ihe resolution:

In the frst RESOLVED statement change the pfuase from "through December 31. 2019, md for that plm to be
implemented in substmtial complimce with the "Report to the Health and Hmm Services Committee reguding a proposal
foi combined leadership of the Mental Health and Health Departments" prepiled by the Comty Admi¡istrator md enteled
iuto t¡e record of this þroceeding" to "through December 31. 2018, plüs such additional time in 2019 as the Legislâtue
deems necessa¡y to evaluate the perfommce of the combined department head model, detemine whether drat model shall
continue, md accomodate ily orgmizational rmsition required by the Legislatrue's decision,".
Insert the following between the lust md second RESOLVED statements:
plm shall be
"RESOLVED, furiher, that cluing the couse ofthe 2016-2018 period, the single deparÍnent head
implemented in substmtial complimce with the "Report to the Health md Hmm Services Committee regarding a proposal
foi combined leadership of the ivlental Heatth md Hea.lth Deparünents" prepued by the County Administ¡ator md entered
into the record ofthis proceeding,".

In the second RESOLVED statement remove the pfuase "md present the results of that evaluation to the County
Legislature no later than April l, 2019".
In the thid RESOLVED statement chmge the phrase "occu by July l, 2019," to "expeàitiously, md bi no lâter
thm Dêcember 3l,2019."
Mr. Sigler mkert Mr. Ma¡eme about the approval nebded as stâted in the Charter. ln response, Mr. Mareme stated
Charter reiers to the appointrnent of a Comissioner and the process of appointihg a Commissioirer is at the
recdmendation of the Càmmunity Mental Health Seryices Boæd with the Legislature then confmin8 that '
recommendation. This proposal would be un extension of the Interim Commissioner appoinhnent. At the l0st Boud
meeting the sense that lrir. Mareane received ftom the Board was that it was split in its decision reguding the support of
this pla; but the Boucl dicl say it would yield to the decision made by the Legislatute. Mr. Sigler stated he had concems of
the iegality of the. Legislatuie making tlris appoinünent without the ¡ecommendation of the Conimmity Mental Health

'the

Senices Boud.

Mi.Siglerspokeoftheamendnentthatwasdistributedandeveryoneiscallingforastudyofthis.

Hebeiievþsthis

fr¡nctioí He believes theie
is a need for moie of an arlministrative person in the ¡ole of Commissioner rither.thm 11 individual with clinical
backgroud. He statetl by hiring a new perion there will be no certainty of how they will be able to hmdle the job but he
knowì how Mr, Kruppa will hmdle things and he feels ¡iretty comfortable with him in that position. The Comty may not

is the study mã expiained that by appointing lvfr. Kruppa to that position was an adminisnative

have m opportunity io dô a study like this again md obtain this type ofvaluable feedback.

Mr. Sigler stated his beliofs ue in complete conflict with how he felt a month ago. He does not believe that pólicy
should be estab'iished accordhg to one person. However, this cm þe viewed as m opportunity for the County' There is a
mental health problem in the cóuntry and if these two depilûnetrts aré brought together t}'en maybe they will be treated on
the sme proãy. He spoke of the rising statistics rel¡ted to mental heahh illnesses and the luge number of gm violence
cases thaiue suicide, lì is cleu to him that somethilg needs to be donÞ and bringing mental healtli mder the public health
umb¡ella does not seem to be such a bad idea Mr. Sigler spoke of the claim that there is a need for this to be m opeh
process md stated thåt he believes it has been because he has been hearing about this subject for a long time now.
Ms. Kelles thanked Mr. Kruppa for all the hard work he has put forth over the last few months. She stated she has
had a chanoe to speak with multiple parties involved ud her concems re that both positions, Director ofPublic Health and
Comissioner oi M.nt"l Health, aie essentially 40-hou work week positions md asked if responsibiliiies have been
established for the merged position md the positions of cleputies. She also questioned if one person cm acco¡nplish the
tasks requiiecl of them in an effective mmner in a 40-hou work week especially since theie ae a tremendous numbèr of
chmgès in the Mental Health Depilhnent. She explained that she views temporary as somethjng that cm be experimented
with-mct if it does not work then it can be tetumed back to the órigilal plm md is wonied this is not temporãy in nature
She spoke of the different md mique roles ofmental health and public health sewices which brings additional concems for
he¡. She would like to see a proposal that outlines the duties that would be expected ofth€ Positions involved md does not
feel comfortable enough in moving

foruud

to supporting tltis integration.

Mr. Mareme responded in respect to the tempo¡ily natuie of the aÍilgeme¡rt md stated it is in¡eritutly
temporary unless the Legislatr:re takes affmative action to authorize a change. He explained the job descriptions for the
Oepity and there is a draft change to the Directo¡ of Public Health job description to allow that.position to expand to cover
Umtal ffealth responsibilities. Any necessary chmges would be made if the Legislahre deoides to not continue lhe
arangement in three to fou yeils. The structue of the integration of the deparbnents was explained.
Ms. Kelles explained she is concemed about the changes that re being expected in the dea ofmental health and if
if those chmges úe being integrated into the trew aÍângement. She would like to see some
assurance tirat it wouli be possible for those chmges to be integrated without that person being exp€cted to wolk m 80'
hour work week.

this is h.uly tempo¡ary

Ms. Kiefer stated her uderstânding is that the position of Director of Publio Health is being expmded to include
some additional duties which will creåte a different position. She asked M¡. Kruppa ifhe would be interested in sewing as
m lnterim Commissioner for a shorter period of time and stated lhât armgement would l¡e the best ofboth worlds.

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ln respo¡rse to lvls. Kiefer, lvlr. Kruppa stated he wasn't. Mr. Mueme also responded that there üe hüd ûÌings that
must be done, a magnitude of changes, and the rrangement needs to l¡e long enough for a chmce of success, He explained
that Mr. Kruppa engaged the staff of dre developrnent of the strategic plan of the Health Department and in developing that
plan he gained direction, improvement in mo¡ale, discovered where the problems rvere, md how to fix them. That is a
lengthy process md adequate time needs to be given to this proposal so there is a chance for success. He does not thinl
tluee yeus is an unreasoncble pe¡iod of time to address and fix the problems t¡rat exist.
Mr. Burl¡ank stated thât he thinks it is a critically wrong decision to build a position around one person. He thinks
that if this is done there needs to be a process involved to really look at the full perfomance of that person. He stated that
he was deeply thukful drat Mr. Kruppa wâs able to jump in with both feet ând filt the interim position. He stated that he
was apologizing for brirging fofh a proposal for an evaluation reguding Mr. Knppa without first consulting him and
accredited Mr. Kruppa with stabilizing what was â very unstable situâtion, He discussed the incremental steps that have
been taken in regärd to this a[angement. The concems he has ue that there ue a great deal of things that cm be shared by
both departments but tlìere ile a number of things that are drâmatically different between public health md mental health.
He questioned if the best way to provide seruices is by having one person oversee all these operations to have a high
functioning deparunent md stated he is receptive to tâking a step bâck and reviewing the model being proposed.

Mr. John asked lvlr. Kruppa what he would do to address the issue regrding the Community Mental Healdr
Service Bord being divided and what would he do to fix that divide. Mr. Kruppa responded that it will take time but he
would like to include them more in the fuhue ud engage the Boud in discussions. He would like to show them that he has
prioritized what the communities needs [e md to provide the seruices needed.
Ms. Chock stated she did not think the Legislature should be so fil apart in the two approaches that have been
presented. She questioned what the appropriate mount of time would be to have this process in place prior to a fomal
evaluation period. She has heud conoems from mental health and developmental disability professionals in the commity
about the commiùnent in the proposal for such a long term. She believes the Legislanre will leave itself open to criticism
because the Charter does require a recommendation of the Commity Mental Health Services Boud for this appoin[nent.
The mental health community has stated the need for a vision by someone with a professional backgroud in clinical work
in that field in tandem with a flawless admìnisÍâtor. Ms. Chock stâted there has never been my concem in public or
pdvate that there has been mythitrg but a flawless adminishator in the position of lnte¡im Commissione¡. Tlte stakeholders
nust have Eust in the process in order for this to work and Tompkins County has â history of greât discussions regarding
the buy-in from stäkeholders. lf the Legislature is going to deviåte ûom what the Charter states then the Couty needs to
make sue it has gone above md beyond to consider all stakeholders interests.

.

Ms. Chock suggested some chmges b€ made to the resolution being discussed by the Budgel Cdpital, and
Persomel Committee with the amendments presented by inserting portions of the resolution that was approved by the
Health md Hmm Services Comittee.
Ms. Robertson spoke of what Dr. Bezirgmim said and thought it wâs interesting. Every Deparünent needs m
administrative head with the highest possible level of quality ircluding the Mental Health Deprttrent but that does not
rnem that a single person is required to do thal The Comty Ad¡ninistator mmages 27 different departments. Slìe believes
there is a luger problem if the Commissioner of Mental Health is seeing patients. Every lüger depilüneni in the County
requires similar skills in the Departnent Head position; the ability to motivate, ability to inspùe people, the ability to create
consensus, the ability to wderstmd the requirements of ihe depilEnent, the ability to listen, md more. She explained that
this does not mean the adminishator in that department is required to do that for a single depârtrnent md only a single
depadment. Shebelievesthatmostofthejobcanbeslicedanddicedinmanydifferentwaysandtheneedtomakesurethat
functions ile covered but not necessüily by one person on a t¡aditional model the way it has always been done. It is not a
lack of respect to the Mental Health Depütment to say it is ok to shue a Comissioner.
Ms. Robetson responded to tte statement thåt Ms. Chock msde that the¡e was a flawless administator as the
Interim Commissioner of Mental Health md added that the Couty hâs the best they cm have in that position. Why would
the Couty thow âwåy what it hæ now to take a gmble to see what it gets in the ñ¡ture? She stated that there is no
guumtee ofwho can be located down the roåd to f¡ll that position.
Ms. Robertson responded to Mr. Burbank's reference to not lòoking at this proposal in an absE¿ct mamer. She
stat€d that charts ile not needed, the¡e ue real people here and she thinks that this should be done. She referenced the
statements that fou years seems pemment md she views drose concems as the worry thtt this might succeed. She thhks
this has been discussed exhaustively and there should be trust in the people that will be here in tkee or fou years to choose
the evaluation process md there needs to be a chance to allow people to salm down and stop discussing this md begin
doing the work.
M¡. Bu¡bmk responded to Ms. Robertson that he is not wonied it miglrt succeed but he is wonied that it could be
done better. He would like to look at this objectively without taking away a specific person and see if that level or division
really makes sense.
Ms. Chock stated for clrification that she was suggesting that the Comittee start with the proþosal that ws
presented at tlús meeting md witten by Mr. lvfileffie with amendments made by Mr. StEin md that the Comty not proceed

with hiring a Comissioner of Mental Health but that the position be continued on an interim basis followed by

a

stakeholders study.

Ms. Kelles stated she has concems in regud to the mixture of persomel md process.

Mr. Demis requested the Budget, Capital, md Persomel Committee members vote on dre amended ve¡sion of tl¡e
Proposal for Combined Leaderslrip of the Mental Health ud He¿lth Deparüncnts (ltem No. 6010).
The following is the vote result by the Budget, Capitâl, and Persomel Committee on the following resolution as
amended: Ayes-4 (Dennis, Robertson, Sigler, md Stein); Noes-t (McBem-Clairbome). MOTION CARRIED.
Resolution: Authorizing a Plan to Expand the Responsibilities of the Public Herlth Director to Include Mrn0gement
0fthe Mental Health DepÂrtment ând Mske Other Necessary Changes to Facilitate that Plîn 0D #6010)
WHEREAS, since Much 2015, a vac¡ncy in the position of Tompkins County Commissioner of Mental Health has
l¡een filled on m interin basis by Tompkins County Public Health Di¡ector Frank Kruppa" and
WHEREAS, the efforts of Director Kruppa to simultmeously lead both the Health md lvlental Health Departments
have provided welcomed stability to the Mental Health DepârÍnent, and
WHEREAS,

a

proposal has been made to extend the duration of this combined

de

paftrnent head mmgement, and

WHEREAS, there are differing opinions as to whetherjoined or divided leadership ofthe Health and Mental Health

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Departnents produce betteÍ outcornes or lower costs, and
WHEREAS, there are substmtive differences in the helds of public and metrtal health but also opportunities for
shared services md merged operations, ard
\ryHEREAS, it has been recom¡nended that a hnal decision on å permment mânage¡n€nt configuration be deferred
and national d¡ta has be€n studied md evaluated, and

until more local experience

WHEREAS, it has been recognized drat howeve¡ this plays out that ít is necessary to fill the position of Deputy
lvlental Health Commissioner and a two month national search was begun in October 2015, now therefore be it

RESOLVED, on recommendation of the Budget, Capital, and Persomel Committees, Thât this Legislatue
âuthorizes the County Administator to implement a plan for the responsibilities of the Publio Health Director to be
expanded to include the responsibilities heretofore granted to the Commissioner ofMental Healtfi for the period December
t, 2015, through December 31, 2018, plus such additional time in 2019 as the Legislature deems necessary to evaluate the
perfomuce of the combined depilbnent head model, detemine whether that model shall continue, consider other
orgmizational altematives, md acçommodate my orgmizational trusition required by the Legislature's decision,
RESOLVED, further, That during the couse of the 2016-2018 period, the single departrnent head plu be
implemented on m interim basis in substantial compliance with the "Report to the Health and Hmm Sewices Committee
regrding a proposal for combined leadership of the Mental Health md Heâlth Deparhnents" prepared by the County
Adminishator md entered into the record ofthis proceedings,
RESOLVED, furtheç Tlat begimiDg in eilly 2019, Tompkins County will conduct a 360 degree style perfomânce
review of the cunent a[angement to evaluate how well the interim administrative solution is working from the perspective
of staff, boards, comunity members, md other stakeholders,
RESOLVEÐ, further, That in tl¡e sme time period, Tompkins Couty will fom a task force to exmine the
operations md consider the futue di¡ections ofboth the Health and Mental Health Depiltulents, to include conside¡ation of
the adviltages md disadvantages of m administ¡ative partial or full merger, identi{ication of the vuious aspects of their
operations md my functions that might be combined, md any lessons that cm bê lemed from other counties drat have
merged these particulr fr¡nctions,
RESOLVED, further, That based on the evaluation, the results reported by thejoint task force, md other factors this
Legislature may dcem pertinent to its decision, a vote bi the Legislâture to re-aut¡orize the combined depar[nent head
model shall take place expeditiously, md by no later thm December 3 l, 2019, with a majority approval of the Legislatìue
required to re-autlrorize the combined departnent head model,
RESOLVED, further, Thât the salary ofthe Public Health Director shall be set at $119,180 efiÞctive December l,
2015, md shall thereafter be adjusted by dre sme percentage increase or decrease, or by my chmge in benefit or benefit
bontributior¡ applied to other employees paid püsuilt to the County's mmagemeit salary md benefit compensation plm
provided, however, that ifthe Legislature does not re-authorize the combined depupnenthead módel, the sâlary shall ¡etum
to the equivalent of the cunent Labor Grade for the Public Health Di¡ector on Ðecember 3 l, 2019, or such ea¡lier time as
the Public Health DLector's responsibilities pertaining to the Mental Heallh Deparünent conclude,
RESOLVED, further, That m Administative Assistmt i position be created in the Mental Health Departmen! and
assigned to assist the Public Health Director in his dual deparünental responsibilities, provided, however, that if the
Legislature does not ¡e-authorize the combined depilûnent head model, the Adminishative Assistant 3 position will be
abolished effeotive December 31, 2019, or such eulier time æ the Public Health Direotor responsibilities þertâining to the
Mental Health Depüunent cönolude.

SEQRA.TI'N: TYPEII-,.

*+r+*r+r**

The Budget, Capital, and Persomel Committee meeting adjouned at 5:27 p.m.

llealth and Human

Services Committee Discussion

Ms. Chock MOVED to resume the meeting of the Health md Hman Sewices Comittee at 5:27 p.m., seconded
by Mrs. McBeÀn-CIairbome.

It was MOVED by Mr. Stein, seconded by Mr. Bubank, to recominend the resolution entitled Proposal for
Combined Leadership of the Mental Health and Health Depilûnetrts (ltem No, 6010) as presented to the Budget, Capital,
and Persomel Comittee.
Mr. tiurbank stated this proposal hæ been built aroud a specifio person md there ue elements that he would like
to discuss in Executive Session.

It wûs MOVED by Mr. Burbank,

seconded by Ms. Chock, to hold

m Exéoutive

Session to discuss a persomel

matter.
fulr. Burbmk withd¡ew his motion until after a briefdiscussion.

Ms. Chock stated she was willing to work with all Legislators to come up with a proposal that everyone is in
with. Committee members discussed the need to be in agreement on this.

agleement

Mr. Stein inquired if the Comittee would like to have m additional meeting to try to put folth a resolution to the
Legislature on December 15, 2015. Conmittee membe¡s stated they would deoide after they discussed it in Executive
Session.

Executive Session

It was MOVED by Mr. Bubank, seconded by Ms. Kelles, to hold an Executive Session to discuss a persomel
matter. A voice vote ¡esulted âs follorvs: Ayes - 4 (McBem-Clairbome, Chock, Burbank, and Kelles), Noes - I (Stein).
MOTION CARRIED.
M¡s. McBean-Clairbome w¡s excused at 5:48 p.m.
Mr. Joln was excused at 6:12 p.m.
An Executive Session was held at 5:37 p.m. md retumed to open session at 6: 17 p.m.

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r\djournnre¡t
The meeting adjourned at 6: 17 p.m.

Welcome to the Tompk¡ns County Leglslature meetlng portal. Please submlt comments

to: Legislature@tompklns-co.org.

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31312016

 Exhibit 59

Resume

Patricia Pryor
150 Scofield Rd.
Freeville, NY 13068

(607-3 1e-0507)
(607)s92-4 l 88

<plp3@twcny.rr.com>

Education:

r
r

B.S. in Education, SUNY Cortland, 1962 (Permanent Certification)
Graduate work, SUNY Cortland, Syracuse University, SUNY Binghamton

Professional Experience:
1980-2000: Ithaca City School District, Special Education Teacher, retired 2000
1972-1980: Tompkins, Seneca, Tioga BOCES, Special Education Teacher
19'10-1972: New York State Division for Youth, South Lansing Center, Special Education

¡
¡
t
.

Teacher

1962-1970: Lansing Central School District, Elementary Teacher

Awards and Recognitions:

o
¡
¡
.
.
¡

Greater Ithaca Activities Center, Certificate of Appreciation
Ithaca High School, African-Latino Club, Certificate of Recognition
AIDSIiVoTk of Tompkins County, Certificate of Recognition
Tompkins County Human Rights Commission, Special Recognition Award, March 1992;for
volunteer work with homeless and at-risk youth

Tompkins County Human Rights Commission, Sandy Pollack Award for LGBT Activism,
December 2004
Planned Parenthood of the Southern Finger Lakes Action; Catherine S. East Advocacy Award

2014

Community Involvement (current):

o
o
o
.

Funeral Consumer Alliance of the Finger Lakes (FCAFL)-Recording Secretary

Tompkins County Democratic Committee
Lansing'DemocraticCommittee
Lesbian, Gay, Bisexual, Transgender Democratic Club of Tompkins County-founding member

Community Involvement (previous)

.

.
r
r
.
.
¡
.
o
¡
¡

Tompkins County Legislator, District 6, Town of Lansing, 2010-2013: Chair, Special Committee
on Broadband.,20L0-2013; Chair, Government Operations Committee, 2013, Member, Planning
Committee, Gov't. Operations Committee, Workforce Diversity and lnclusion Committee; Board,
Soil and Water Conservation District; Liaison, Public Information Advisory Board, Agriculture
and Farmland Protection Board
Alderperson, First Ward, Cþ of lthaca,2000-2003: Liaison/Communþ Police Board, Southside

Community Center, Disability Advisory Council; ChairÀleighborhood and Community Issues
committee; member of Ithaca Downtown Parlnership Board of Directors; member/Planning
committee, Budget and Adminishation committee; Chair, Southwest Natural Area committee
Working Group on Lesbian, Gay, Bisexual, Transgender Aging (Founding member)
Delegate, 2000 Democratic National Convention
Tompkins County Human Rights Commissioner
ICSD Gay, Lesbian, Bisexual, Transgender Educators' Caucus
Coalition for Children FirslBias Free Schools, Steering Committee (Precursor/Village at lthaca)
AIDSWoTk of Tourpkins County, Board of Directors and Secretary
TSTBOCES Teacher's Association, President (2 years) and Negotiating Team (4 years)
Ithaca Teacher's Association, Executive Committee, Negotiating Team
Ithaca Pride, 2004, Organizing Committee