b. Approving Purchases In Excess Of 100,000 For Various County Departments Under Various New York State Office Of General Services Contracts For The
Period January 1, 2019 Through December 31, 2019 With All Purchases To Be Made By Formal Purchase Order [Department Of General Services - Division Of Purchasing]. (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
3. Referral No. 8709 - Refunding Bond Resolution - A Resolution Authorizing The Issuance Pursuant To Section 90.10 Of The Local Finance Law Of
Refunding Bonds Of The County Of Rockland, New York, To Be Designated Substantially Public Improvement Refunding (Serial) Bonds , And Providing For Other Matter In Relation Thereto And The Payment Of The Bonds To Be Refunded Thereby.
a. Approving Purchases In Excess Of 100,000 From Dell Marketing LP For Renewal Of Microsoft Office 365 User Licenses With A One (1) Year Subscription
For The Period From April 1, 2019 Through April 1, 2020 In An Amount Not To Exceed 227,120 By Formal Purchase Order Under NYS OGS Contract No. PS68202 [Department Of General Services - ITS] ( 227,120). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
b. Approving An Agreement In Excess Of 100,000 With Ven Tek, Inc. To Provide Software Solution For Lobby Tracking, Status Tracking And For Kiosk
Appiications To Operate On Two Self-Service Kiosks For The Rockland County Department Of Social Services (DSS) In An Amount Not To Exceed 314,000 For The Period From December 1, 2018 Through December 20, 2019 Under RFP-RC-2018-031 And Authorizing The County Executive To Execute The Agreement [Department Of Social Services] ( 314,000). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
5. Referral No. 9252 - Approving Intermunicipal Cooperation Agreements BetweenThe County Of Rockland And The County Of Orange, The County Of Sullivan
And The County Of Ulster For 35,500 (NCTD) Each For The Purchase And Service Of Hazardous Materials Equipment For Its Use As Part Of The Regional Hazmat Team For The Period August 1, 2018 Through August 31, 2020 And Authorizing Its Execution By The County Executive [Fire And Emergency Services] ( 142,000). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
a. Approving Additional Purchases In Excess Of 100,000 From Koester Associates, Inc. To Furnish And Deliver Cornell Carter Pumps To Rockland County
Sewer District No. 1 Under RFB-RC- 2017-046 In The Additional Amount Of 90,000 For The Period November 3, 2018 Through November 2, 2019 For A Total Amount Not To Exceed 180,360 From The Commencement Date November 3, 2017 Through November 2, 2019 With All Purchases To Be Made By Formal Purchase Order [Department Of General Services - Division Of Purchasing] ( 180,360). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
b. Approving Award Of Contract No. RFB-RC-SWR-2018-03E And Agreement In Excess Of 100,000 Between The County Of Rockland On Behalf Of The Rockland
County Sewer District No. 1 And Fanshaw Inc., d/b/a Rockland Electric In The Amount Not To Exceed 4,571,000 For Emergency Generator Fuel Oil Tank Replacement Project - Phase II And Authorizing Its Execution By The County Executive [Rockland County Sewer District No.I] ( 4,571,000). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
7. Referral No. 9361 - Approving The Purchase In Excess Of 100,000 From LDV, LLC Of A 2019 EOD Command Center Truck Plus Extended Frame Warranty In
An Amount Not To Exceed 286,304 With.The Purchase To Be Made By Formal Purchase Order Under Bid Number RFB-RC-2018-109 [Department Of General Services - Division Of Purchasing] ( 286,304). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
8. Referral No. 8183 - Approving An Intermunicipal Cooperation Agreement Between The County Of Rockland And East Ramapo Central School District For
Use Of The County's Fuel Pumps At The Pomona Complex For The Period January 1, 2019 Through December 31, 2019 And Authorizing Execution Of The Agreement By The County Executive (Department Of General Services - Purchasing). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
9. Referral No. 7529 - Approving Purchases In Excess Of 100,000 With Repeater Network, LLC For Wide Area UHF Digital Trunking Service In The
Additional Amount Of 44,199.98 For The First Optional Term From April 26, 2019 Through April 25, 2020 For A Total Amount Not To Exceed 136,000 From The Commencement Date April 26, 2017 Through April 25, 2020 Under RFB-RC-2017-038 With All Purchases To Be Made By Formal Purchase Order [Department Of General Services - Division Of Purchasing] ( 136,000). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
10. Referral No. 6795-Approving Additional Purchases In Excess Of 100,000 From Swift Electrical Supply For Electrical Supplies For Various County Of
Rockland Departments In The Amount Of 100,000 For the Second Option Period March 13, 2019 Through March 12, 2020 For A Total Amount Not To Exceed 280,072.51 For The Period From March 13, 2017 Through March 12, 2020 With All Purchases To Be Made By Formal Purchase Order Under RFB-RC-2017-022 [Department Of General Services - Division Of Purchasing] ( 280,072.51). (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hm1. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
11. Referral No. 9263 -Approving Acceptance Of Continuation Grant From The New York State Office Of Children And Family Services For The Operation Of
The Supervision And Treatment Services For Juveniles Program (STSJP) In The Amount Of 44,948 For The Period October 1, 2018 Through September 30, 2019 Of Which Said Grant Requires A Local Share Of 27,549 And Authorizing The County Executive To Execute All Necessary InstrunJ.ents And Documents [Department Of Social Services] ( 44,948). (Sponsors: Hon. Philip Soskin, Hon. Aney Paul, Hon. Harriet D. Cornell, Hon. Aron B. Wieder, Hon. Douglas J. Jobson, Hon. Jay Hood, Jr., Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
12. Referral No. 2973 -Approving An Agreement In Excess Of 100,000 With National Alliance On Mental Illness Of Rockland County, Inc. d/b/a NAMI
Rockland County, Inc. For Advocacy And Support Services And Family Peer Support Services In The Amount Of 155,000 [NCTD] For The Calendar Year 2019 And Authorizing The County Executive To Execute The Agreement [Department Of Mental Health] ( 155,000). (Sponsors: Hon. Philip Soskin, Hon. Aney Paul, Hon. Harriet D. Cornell, Hon. Aron B. Wieder, Hon. Douglas J. Jobson, Hon. Jay Hood, Jr., Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
13. Referral No. 8894 - Approving An Amendment To The Agreement In Excess Of 100,000, With Sharon Jolly Associates Audiology, Speech Language
Pathology, Psychology, LMSW, PT OT LLC To Provide Special Education Services In The Pre-School Programln The Additional Amount Of 170,000 For A Total Amount Not To Exceed 300,000 For The Period From July 1, 2018 Through June 30, 2019 And Authorizing The County Executive To Execute The Agreement [Department Of Health] ( 300,000) .. (Sponsors: Hon. Philip Soskin, Hon. Aney Paul, Hon. Harriet D. Cornell, Hon. Aron B. Wieder, Hon. Douglas J. Jobson, Hon. Jay Hood, Jr., Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
14. Referral No. 9019 -Approving The First Amendment And Extension To The Agreement In Excess Of 100,000 With Phyllis Morena For Strategic Planning
And Evaluation Of County Youth Services For The County Youth Bureau Under RFP-RC-2018-009 Increasing The Amount Of The Agreement By An Additional 56,250 And Extending The Term Of The Agreement From April 1, 2019 Through March 31, 2020 With Three (3) Additional One Year Option Terms For A Total Contract Amount Not To Exceed 112,500 From The Date Of Commencement April 1, 2018 Through March 31, 2020 With Three (3) Additional One Year Option Terms And Authorizing Its Execution By The County Executive [Youth Bureau] ( 112,500) .. (Sponsors: Hon. Philip Soskin, Hon. Aney Paul, Hon. Harriet D. Cornell, Hon. Aron B. Wieder, Hon. Douglas J. Jobson, Hon. Jay Hood, Jr., Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
15. Referral No. 6704 - Approving An Intermunicipal Cooperation Agreement In The Amount Of 150,000 (NCTD) Between The County Of Rockland And The Town
Of Clarkstown For Reimbursement Of One Clarkstown Police Detective Assigned To The District Attorney's Special Victims Center To Assist With Case Investigation And Prosecution For The Period January 1, 2019 Through December 31, 3019 And Authorizing Execution OfThe Agreement By The County Executive [Office Of The District Attorney] ( 150,000) .. (Sponsors: Hon. Aron B. Wieder, Hon. Douglas J. Jobson, Hon. Aney Paul, Hon. Philip Soskin, Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
17. Referral No. 5614 - Correction Of 2019 Tax Rolls Town Of Haverstraw Nicole Santonocito Property ID 25.15-1-23.2/560, 102 Richard Court, Pomona,
New York [Division Of Real Property Tax Services]. (Sponsors: Hon. Jay Hood, Jr., Hon. Harriet D. Cornell, Hon. Philip Soskin, Hon. Aron B. Wieder, Hon. Alden H. Wolfe, Hon. Lon M. Hofstein, Hon. Charles J. Falciglia)
1. Referral No. 8142 - Conveying The Rockland County Legislature's Intent To Express Condolences To, And Support For, The Family Of Paula Bohovesky,
Who Was Brutally Murdered Thirty-Nine Years Ago, As Paula's Family Asks The New York State Parole Board Not To Release Her Killers, Robert McCain And Richard LaBarbera. (Sponsor: Hon. Alden H. Wolfe) (Co-Sponsors: Hon. Philip Soskin, Hon. Aney Paul, Hon. Harriet D. Cornell, Hon. Aron B. Wieder, Hon. Douglas J. Jobson)
Darcy Shapin-Greenberg, Legislative Operations Coordinator Legislative Agenda, March 19, 2019
7A Referral No. 1290 March 19, 2019
LOCAL LAW NO. OF 2019 COUNTY OF ROCKLAND
STATE OF NEW YORK
(Introduced by: Hon. Laurie Santulli and Hon. Nancy Low-Hogan)
A local law amending Chapter 137 of the Rockland County Code entitled Pollution Control, by adding Article IV, the Rockland County Plastic Carryout
Bag Waste Reduction Act.
Be it enacted by the legislature of the county of Rockland as follows:
Section 1. Chapter 137 of the codification of the Local Laws and resolutions of the County entitled the Laws of Rockland County is hereby amended by
adding as follows:
ARTICLE IV- The Plastic Carryout Bag Waste Reduction Act
137-26 Title This Article shall be known as the Plastic Carryout Bag Waste Reduction Act.
137-27. Legislative Intent
Throughout Rockland County, plastic bags have become a major source of litter and pollution. They can be found stuck in trees, litter our
neighborhoods, destroy wildlife, clog storm drains, float into and end up in our water ways and fill landfills. This is especially concerning given that the Hudson River runs along the county's eastern border. Plastic bags do not biodegrade, are very difficult to recycle and are often only reused once before being discarded. Moreover, these bags are extremely problematic because they create tangles and jams in recycling and waste water processing equipment, making it time-consuming and costly for municipalities and recycling centers to manage.
According to National Geographic, larger plastic debris breaks down by sunlight and wave action into microplastics, rice-sized bits that measure five
millimeters or less. These microplastics are then ingested by tiny fish who are then in turn eaten by larger fish. According to scientists, the toxins in those microplastics could be transferred to fish consumed by humans, thus having larger implications for human health.
In Rockland County, it is estimated that a total of 2,130 tons of single-use plastic bags were trashed in 2017, landing Rockland in the Top 8
municipalities in New York State that discard plastic bags in curbside and containerized collections. Due to problems with recycling contamination, the Rockland County Solid Waste Management Authority (RCSWMA) has developed a Residential Decal Program, available in English and Spanish, to inform residents that they should not place plastic bags in recycling bins or place recyclables in plastic bags, rather they should be brought back to retailers for recycling. As a result of this education campaign, the RCSWMA has seen a 20-30 reduction in plastic bags being placed in recycling bins. However, implementation of the Decal Program is costly and needs to continue indefinitely or the contamination will increase over time. Recycling contamination due to plastic bags, however, continues to be a problem because it slows down the recycling process, damages the sorting machine and can endanger workers on the sorting line.
In New York State, several municipalities (i.e. Town of East Hampton, Village of East Hampton, Hastings on the Hudson, Larchmont, Marmaroneck, New
Paltz, Patchogue, Rye, Town of South Hampton, Village of Southampton and Village of Piermont) have enacted plastic bag bans to deal with the problems that these bags create. Furthermore, there is legislation pending at the state-level but no indication that this will be moving forward at this time.
The Rockland County Legislature, thereby finds that it is necessary to implement a plastic bag ban to better protect our environment, waterways, and
health and believes that a shift to reusable bags and recyclable paper bags is a better alternative. According the New York State Plastic Bag Task Force Report, published on January 13, 2018, evidence shows that similar policies implemented in other jurisdictions have resulted in a significant reduction in plastic bag use, further reducing the raw material and natural resources used to make, transport and recycle these bags. Overall, the Legislature of Rockland County believes that using reusable bags and recyclable paper bags will benefit the overall health, safety and welfare of the residents of Rockland County and the local environment.
(1) Any corporation, partnership, business, facility, vendor, or organization, located in the County of Rockland that sells or provides merchandise,
goods or materials, including but not limited to, clothing, food, or personal items of any kind, directly to a consumer. An applicable business shall include but is not limited to any retail establishment, department store, apparel stores, home center and hardware stores, stationary and office supply stores, drug store, pharmacy, supermarket, convenience food store, food mart, food market, farmers market vendor, liquor store, minimart or gasoline station store.
C. All applicable businesses shall post signs provided or approved by the Rockland County Office of Consumer Protection at or near points of sale to
notify customers of the provisions of this article, which signs shall indicate to customers that applicable businesses are prohibited from providing or distributing single use plastic carryout bags to customers.
137-34. Preemption. This article shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or
substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Rockland. The County Legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have l::ieen enacted for the purposes of triggering the provisions of this section.
137-35. Severability If any clause, sentence, paragraph, subdivision, section or part of this local law or the application thereof to any person,
individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
RESOLVED, That, Pursuant To Section 2.02 Of The Rockland County Charter, This Legislature, Upon Reconsideration Of The Disapproval Of The County
Executive With Respect To A Local Law Establishing A Comprehensive Human Rights Law In Rockland County, And By A Vote Of At Least Two- Thirds Of The Total Voting Power Of The Legislature Such Resolution.
The noble reason would be to protect those in society that are the most vulnerable. It is as clear as day that the Sponsor of this Proposed Human
Rights Local Law used and is using this Proposed Local Law for political reasons. Legislator Alden Wolfe first introduced a version of this Local Law right before the Democrat Primary for Surrogate Judge in September of 2017 and had a recent version of this Local Law placed on the Legislative Agenda for a Public Hearing on February 5, 2019. Please note that all 17 Legislative Districts are up for election this year.
On February 5, 2019 members of the Legislature debated the pros and cons of this Law. Members of the Minority expressed concern with parts of this
Local Law and asked that the vote not take place at that time and that they sit down and work together in fixing serious flaws and short- commings in the Proposed Local Law. This was rebuffed by members of the Democrat Majority and this Local Law was put to a vote.
Further proof that Legislator Wolfe did not have a noble reason behind this Proposed Local Law is that the Press Release which came out the day after
the vote, sole purpose was to bash the Republican Minority. It is ironic for a Press Release on a Proposed Local Law allegedly championing diversity and inclusion, to hypocritically choose to sow the seeds of divisiveness.
Not counting the typos and having language in a law which refers to another law with just a section number without referring to what law it is, this
Proposed Local Law is a tough read. The Local Law as drafted is bulky and contains many new and radical concepts, each of which should be judged on their own merit, instead of as a compilation of many laws into one, wrapped in the banner of Human Rights. Further, there is too much contained within the text of this Proposed Local Law. It is not easily understood nor accessible by those who would seek its protection. There is a need for simplicity and plain speak when drafting a Law meant to protect basic rights.
This Local Law is a conglomeration of Laws from New York State, New York City, Westchester County and Suffolk County (at minimum). Many of the
protected activities in this law are already protected by Federal or State law, e.g. breastfeeding protection, which is covered under New York State Labor Law. This is unnecessarily duplicative which increases the potential of unintended consequences and errors.
Also, this Proposed Local Law could have benefited if it was more simply organized by only having a Definitions Section, a Commission General
Provisions and Duties Section, and a Protected/Prohibited Activities Section. Instead it has sections of law which are titled, Unlawful Discriminatory Practices in Employment, Unlawful Discriminatory Practices in Places of Public Accommodation, Rest or Amusement, Unlawful Discriminatory Practices in Relation to Credit, Additional Provisions Defining Unlawful Discriminatory Practices, Human Rights Commission; General Provisions, Powers and Duties of Commission, Powers and Duties of the Commissioner of Human Rights, Relations with County Departments and Agencies, Complaints of Discrimination: Administrative Procedure, Temporary Injunctions, Judicial Review, Enforcement, Civil Cause of Action, and Acts of Bias, etc.
This Proposed Local Law, as drafted, bestows a multitude of new powers and responsibilities on the Human Rights Commission, rather than on the
Commissioner. This differs from the current County structure. It appears that much of the language concerning the allocation of duties was taken from Westchester County, which does not have a Connnissioner. The State of New York gives its Division of Human Rights powers by and through the Commissioner or his/her duly authorized offic r or employee. Since the County's Commission is made up of volunteers, serves as an advisory commission, and these commission members were not selected to be adjudicators, following the State of New York's example would be more prudent.
Some examples of new responsibilities given to the Commission are the hiring of Administrative Law Judges and providing for their training,
designating qualified attorneys to present the evidence in support of the complaint if the circumstances so warrant, and awarding compensatory and punitive damages. The Proposed Local Law also binds the Commissioner to the majority vote of the Commission in issuing a determination. This puts the Commission in much more than an advisory role.
The Proposed Local Law gives the Commission authority to investigate allegations of discrimination that affect County residents, which means it gives
the Commission the authority to investigate cases outside the County's borders. This is an overreach, as a suburban community with many residents working throughout the tri-state area, this could potentially have far-reaching unintended consequences.
A major concern over the implementation of this law is whether the Commission has the institutional capacity to handle the massive expansion of its
authority. Adding multiple new protected classes, new protections for breastfeeding, domestic violence victims and other groups may be admirable, but can any related discrimination complaints be competently investigated with only one full time investigator?
Legislator Wolfe knew that he was going to have a Public Hearing and vote on his recent version of this Proposed Local Law in early 2019. He failed
to put the costs associated with this Local Law in the 2019 Budget when it was voted on in December of 2018. Therefore, this Proposed Local Law is structurally flawed from an organizational perspective.
As a solution, the Law Department proposes adoption of a streamlined County Human Rights Law which would incorporate Article 15 of the NYS Executive
Law. This would give the County the authority to investigate and prosecute its own discrimination cases, with the benefit of many years ofrelevant case law, as the state law was originally passed in 1945. Provisions within the proposed law such as Ban the Box and salary inquiry protection, should be given the opportunity to be debated and discussed on their own merits. If there is a desire to add protected classes in addition to those already covered by the state law (which are: age, creed, race, color, sex, sexual orientation, national origin, marital status, disability, military status, domestic violence victim status, criminal or arrest record, or predisposing genetic characteristics), such as citizenship or alienage status, they must be incorporated with the appropriate exemptions so that the County is not in conflict with Federal or State Law.
Based on the above, I am left with no other alternative but to return the above-cited Local Law DISAPPROVED.
LP1 COUNT (t:1XECUTIVE
STATEOFNEWYORK ) ) ss.:
COUNTY OF ROCKLAND )
I, the undersigned, Clerk to the Legislature of the County of Rockland DO HEREBY CERTIFY that the attached is an original Local Law of such
Legislature, duly adopted.on the 5th day of February 2019 by a majority of the members elected to the Legislature while such Legislature was in regular session with_ a duly constituted quorum of members present and voting. .
290 1. Legislative intent Rockland County is one of the most diverse counties in the lower Hudson Valley and home to one of the area's most vibrant
ethnic communities. Recently, however, there has been a discourse of hate at the national level that has precipitated and legitimized acts of violence towards people of color, religious minorities, transgender individuals and others threatening to
. further divide us as a nation. The Legislature of Rockland County vehemently opposes this hat )-filled rhetoric and condemns the acts of violence
that have manifested themselves as a direct result. In response, the Legislature declares that there is no greater danger to the peace, health, morale, safety and general well-being of the County than the existence and perpetuation of racism, prejudice, hatred, antagonism, bigotry or discrimination among its residents because of their actual, or perceived differences, including those based on race, color, religion, age, national origin, alienage or citizenship status, ethnicity, familial status, creed, gender or gender identity, sexual orientation, marital status, disability, veteran status or military status.
The Legislature recognizes that all are created equal with certain inalienable rights and privileges and must be treated with dignity and respect,
despite our actual or perceived differences. Racism, prejudice, hatred, antagonism, bigotry and discrimination not only threaten the rights and privileges of all of Rockland's residents, but also compromise our democratic institutions and endanger the general welfare of the County and its inhabitants. Despite the protections offered by federal and state law against unlawful discriminatory practices, Rockland County continues to see repeated instances of discriminatory conduct and injustices. For these reasons, the Legislature finds and affirms that it has the duty and responsibility to work towards ensuring that every individual in the County is afforded equal rights, treatment and opportunities. The purpose of this local law is to create a mechanism to eliminate and prevent discrimination relating to employment, public accommodations, resort or amusement, housing and other real estate. transactions and the extension of credit and to fight and take other actions against racism, prejudice, hatred, antagonism, bigotry, discrimination and bias-related violence,. vandalism and harassment. The Legislature finds that the adoption of this local Human Rights law is a proper exercise of police power to ensure the protection of the public's health and well-being. The Rockland County Human Rights Commission and Commissioner will be charged with enforcing the provisions of this law and to assume the duties necessary to protect the human rights of all of the County's residents irrespective of their race, color, religion, age, national origin, alienage or citizenship status, ethnicity, familial status, creed, gender or gender identity, sexual orientation, marital status, disability, veteran status or military status.
290-2. Definitions. ADMINISTRATIVE LAW JUDGE shall mean an attorney in good standing designated by the Commission on Human Rights who presides at an
administrative hearing and who has the power to administer oaths, take testimony, rule on questions of evidence and make factual and legal determinations. AGENT shall mean any person or entity, whether or ncit for financial consideration, with the authority to engage in any act on behalf of an employer or property owner, or other person or entity in control of such accommodation. The term agent shall include, but not be limited to, a real estate salesperson or real estate broker. ALIENAGE OR CITIZENSIDP STATUS shall mean
ATTORNEY IN FACT shall mean someone specifically named by another through a written power of attorney to act for that person as defined in General
Obligations Law Art. 5, Title 15. COMMERCIAL PROPERTY means any property 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 property 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.
CREDITOR, when used in this chapter, shall mean 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,
DOMESTIC WORKER as defined in 2 of the New York State Labor Law, as same may be amended from time to time. EMPLOYEE in this chapter does not include
any individual employed by his or her parents, spouse or child nor does the term employee include any person employed, hired or engaged as an independent contractor or to conduct or supply any personal services included but not limited to tutoring, mentoring, private or personal instruction, personal training, home or child care services. The term employee does not include any individual in the domestic service of any person except that such employees shall be covered under 296 (3)(c) under specific protections for domestic workers. Employee shall include all other individuals employed by a Rockland-based employer including those employed by the County of Rockland. EMPLOYER in this chapter shall mean any person(s), based in the County of Rockland, with at least four persons in their employ, provided, however, such term shall not include an employer where at least two-thirds of the employees are the children, parents, spouse or relatives within the third degree of consanguinity, or the spouses thereof, of such employer.
GROUP IDENTITY shall mean race, color, religion, age, national origin, alienage or citizenship status, ethnicity, familial status, creed, gender,
sexual orientation, marital status, disability, veteran status as well as the actual military status of any individual. LABOR ORGANIZATION shall include 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. LEGAL GUARDIAN shall mean one who has the legal authority and duty to care for another's person or property especially because of the other infancy, incapacity or disability.
MEDIATION shall mean a method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a
mutually agreeable solution.
MILITARY STATUS shall mean an individual'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 forces as may be created by the federal or state government as authorized by Jaw.
NATIONAL ORIGIN shall include ancestry. NECESSARY PARTY shall mean any person who has such an interest in the subject matter of a proceeding under
this chapter, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding.
PARTIES TO THE PROCEEDING shall mean the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding
with respect to a complaint filed under this chapter. PERSON shall include one or more natural persons, proprietorships, partnerships (including limited liability partnerships, and limited partnerships), associations, group associations, corporations (including limited liability corporations), municipal entity or individual acting on behalf of the same, legal representatives, trustees, trustees in bankruptcy, or receivers. PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT shall include providers, whether licensed or unlicensed, of goods, services, facilities, accommodations, advantages and privileges of any kind, and places, whether licensed or unlicensed, where goods, services, facilities, accommodations, advantages and privileges of any kind are extended, offered, sold or otherwise made available to the public. Such term shall not include any club or organization which by its nature is distinctly private but no such club or organization shall be considered by its nature distinctly private if: (i) it has more than 100 members; and (ii) provides meal service in the regular course of its business; and (iii) in the regular course of its business, persistently receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of the nonmembers' trade or business. Notwithstanding the foregoing, for the purposes of this chapter, a corporation incorporated under the Benevolent Orders Law or 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. No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring
exhibition and advertises or bills such contest or exhibition as a New York state or Rockland County championship contest or uses the words New York
State or Rockland County in its armouncements shall be deemed a private exhibition within the meaning of this chapter. PREGNANCY-RELATED CONDITION shall mean a physical or mental condition intrinsic to pregnancy or childbirth, and includes the expression of breast milk by nursing mothers. PROBABLE CAUSE shall mean a level of reasonable belief, based on facts that can be articulated, that a charge of unlawful discrimination is well-founded. REASONABLE ACCOMMODATION shall mean the following: (1) actions taken which permit an employee, prospective employee or member (a) with a disability, or (b) who is a victim of domestic violence, sexual abuse or stalking, 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, or some form of protection or security measure; 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 SEXUAL ORIENTATION shall include gay men, lesbians, bisexuals and straight men and women.