[HISTORY: Adopted by the County Legislature of the County
of Ulster 8-14-2018 by L.L. No.
4-2018. Amendments noted where applicable.]
This chapter shall be known by and may be cited as "The Ulster
County Human Rights Protection Act of 2018."
[Amended 7-18-2023 by L.L. No. 7-2023]
A.
The Ulster County Legislature hereby finds and declares that the
County has the responsibility to act to assure that every individual
within the County is afforded certain basic rights and freedoms to
which all human beings are entitled, including but not limited to
the right to life and liberty, freedom of thought and expression,
and equality before the law.
B.
The Ulster County Legislature recognizes, finds and determines that
the laws and regulations of the United States of America and the State
of New York prohibit acts of discrimination, including discrimination
in employment, discrimination in public accommodations, resort and
amusement, discrimination in housing accommodation, discrimination
in commercial space and land transactions, and discrimination in the
issuing of credit based upon impermissible considerations relating
to a person's race, color, religion, ethnicity, creed, age, national
origin, alienage or citizenship status, familial status, gender, including
gender identity, gender expression, gender dysphoria, transgender
status, group identity, marital status, sexual orientation or disability.
C.
In enacting this chapter, the County is acting to empower its citizens
and to provide local assurances for the safeguarding of basic rights
and freedoms and the prevention of unlawful acts of discrimination.
The Ulster County Legislature finds that the adoption of this chapter
is an appropriate exercise of the police power for the protection
of the public welfare, health and peace of the people of this County.
D.
Article XXX of the Ulster County Charter ("Charter") provides for the establishment of a Commission of Human Rights in and for Ulster County ("Commission"). Section C-102 of the Ulster County Charter provides that "The Commission of Human Rights shall have all of the authority, responsibility, obligations, powers and duties set forth in Article 12-D of the General Municipal Law and shall also have the authority to create bylaws for its own governance, proceedings and activities."
E.
The Commission exists to foster mutual respect for the rights of
all citizens and to explore opportunities for improving relations
among all people of Ulster County. Pursuant to Article 12-D of the
General Municipal Law, the Commission is empowered to, among other
things, seek the active assistance of the New York State Division
of Human Rights ("State Division") in the solution of complaints which
fall within the jurisdiction of the State Division (G.M.L. § 239-r)
and where and to the extent authorized by local law, to report, but
not initiate, any such complaints to the State Division [G.M.L. § 239-q(2)(a)].
F.
The Ulster County Legislature specifically finds and declares that
it is in the interest of the County to encourage its citizens to reason
together to reduce tensions within the many diverse communities in
Ulster County arising from alleged acts of discrimination, prejudice
and intolerance by resort to the Commission, or its authorized designee,
through a process of conference, conciliation and persuasion at the
local level, and that it is imperative to include within the duties
and responsibilities of the Commission, or its authorized designee,
the task of actively monitoring and assisting persons through the
process administered by the State Division for such claimed human
rights violations that have not been successfully resolved by the
Commission, or its authorized designee, at the local level through
mediation and conciliation.
G.
The Ulster County Legislature's intent in creating this chapter
is to empower the Ulster County Human Rights Commission pursuant to
Article 12-D of the General Municipal Law to engage in processes of
conference, conciliation and persuasion, with the active assistance
of the State Division, if needed, in the solution of complaints which
fall within the jurisdiction of the State Division, including those
complaints within the scope of State Regulation 9 NYCRR § 466.13
pertaining to gender identity, gender expression, transgender persons,
and gender dysphoria, as such terms are defined by the state regulation,
so as to amicably resolve such complaints, reduce tensions, build
consensus and foster harmony between the various diverse communities
within Ulster County, and to otherwise report, but not initiate, such
complaints to the State Division, and to include within the duties
and responsibilities of the Commission, or its authorized designee,
the task of actively monitoring and assisting persons with claimed
human rights violations through the process administered by the State
Division or the Hearing Officer for such claims that have not been
successfully resolved by the Commission, or its authorized designee,
through mediation and conciliation, or where a respondent has refused
mediation and conciliation.
The following terms are defined as follows in the implementation
hereof, and any terms not specifically defined herein shall be defined
by reference to New York State Executive Law § 292:
Shall be defined as the term is defined in New York State
Executive Law § 292(21).
Shall be defined as the term is defined in New York State
Executive Law § 292(19).
Includes actual or perceived sex and shall also include a
person's 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 legal sex assigned to that person at birth.
How a person publicly expresses or presents their gender.
This can include behavior and outward appearance such as dress, hair,
make-up, body language and voice. A person’s chosen name and
pronoun are also common ways of expressing gender.
[Added 7-18-2023 by L.L. No. 7-2023]
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 assigned to that person at birth.
Shall refer to race, color, religion, age, national origin
(including ancestry), alienage or citizenship status, ethnicity, familial
status, creed, gender, sexual orientation, marital status, or disability.
Shall be defined as the term is defined in New York State
Executive Law § 292(9).
Shall be defined as the term is defined in New York State
Executive Law § 292(27).
An individual who has a gender identity different from the
sex assigned to that individual at birth.
A.
The Commission of Human Rights shall have all of the authority, powers,
duties and obligations expressly set forth in Article 12-D of the
General Municipal Law, and shall also have the authority to engage
in processes of conference, conciliation and persuasion, with the
active assistance of the New York State Division of Human Rights ("State
Division"), if needed, in the mediation and solution of complaints
within the jurisdiction of the State Division, so as to amicably resolve
such complaints, reduce tensions, build consensus, and foster harmony
between the various and diverse communities within Ulster County and
to otherwise report, but not initiate, any such complaints to the
State Division, and shall also have the authority to create bylaws
for its own governance, proceedings and activities, but shall not
exercise any powers, duties or obligations outside of General Municipal
Law Article 12-D or the Ulster County Human Rights Protection Act
of 2018.
[Amended 4-20-2021 by L.L. No. 2-2021]
B.
The Commission is authorized to receive complaints of all persons
in Ulster County with claimed human rights violations arising under
any New York State, federal or local human rights law or regulation
occurring in Ulster County and to engage all interested parties who
consent to do so in an effort to mutually resolve such complaints
through mediation and conciliation before the Commission or its authorized
designee. In the event that no members of the Commission are able
or willing to engage in mediation or conciliation of a given complaint
as in the case of a conflict of interest then, subject to legislative
appropriation sufficient to pay the expense thereof in a sum not to
exceed $10,000 per year, such complaints may be referred upon consent
of all parties to the complaint, to an accredited community dispute
resolution center within Ulster County operated under the auspices
of Article 21-A of the Judiciary Law for the sole purpose of conducting
such a nonbinding mediation and conciliation as specified herein.
C.
The Commission or its authorized designee shall actively monitor and assist persons with such claimed human rights violations through the process administered by the State Division, or pursuant to § 216-6 hereof by the local Hearing Officer, for such claims that have not been successfully resolved by the Commission, or its authorized designee, through mediation and conciliation at the local level should such persons elect to file a discrimination claim with the State Division or the local Hearing Officer. The assistance rendered under this subsection shall not include the rendering of legal advice or legal representation to any party.
[Amended 4-20-2021 by L.L. No. 2-2021]
D.
The Commission or its authorized designee shall maintain records
of all complaints received by it during each calendar year and shall
make a report to the County Legislature by March 31 of each year summarizing
the number, type and disposition of such complaints. Such annual report
shall not include names or personal identifying information of any
party.
The Commission of Human Rights shall have 11 members appointed
to terms of three years, three members of whom shall be appointed
by the legislative Chairman, three members by the legislative minority
leader, and five members by the County Executive, one of whom shall
be designated by him or her as the Commission Chairman. Appointments
shall be representative of the various religious, racial, ethnic and
nationality groups in Ulster County's communities. No member of the
Commission of Human Rights shall serve more than two consecutive terms
of three years.
[Amended 4-20-2021 by L.L. No. 2-2021]
A.
In the event that a complaint of a person in Ulster County with claimed
human rights violations arising under any New York State, federal
or local human rights law or regulation occurring in Ulster County
has not been successfully resolved by the Commission, or its authorized
designee, though mediation or conciliation at the local level, the
Commission shall select an Independent Administrative Hearing Officer
("Hearing Officer") from a panel of potential Hearing Officers to
hear the case and to issue orders assessing monetary damages or other
appropriate nonmonetary relief where liability is determined to exist.
B.
Panel members.
(1)
The panel of potential Hearing Officers shall be appointed by the
County Executive, subject to confirmation by the Legislature. The
panel shall consist of three to five individuals who meet the following
criteria:
(a)
Each individual shall be an attorney admitted to practice law
in good standing by the State of New York having been so admitted
for no less than five years; and
(b)
Each individual shall agree to be available within 30 days of
notice unless there are extenuating circumstances. If a panel member
is unavailable more than three times in any given year, then that
panel member shall automatically be deleted.
(2)
Panel members shall be selected by the Commission on a rotating basis.
In the event a panel member is unavailable or cannot participate due
to a conflict of interest, the panel member will remain at the top
of the list and the next panel member on the list will be chosen.
C.
The Hearing Officer has the authority to require the attendance of
witnesses or the production of documentary evidence by subpoena.
D.
The Hearing Officer may not accept any complaint hereunder unless
it is accompanied by certification from the Commission that 30 days
has passed since receipt of the complaint or that the respondent has
refused mediation and conciliation, whichever shall first occur, or
in the alternative that mediation and conciliation of the complaint
has been attempted but has not resolved the complaint, and by a waiver
and relinquishment, sworn to by the complainant, of any and all rights
to file a complaint with the New York State Division of Human Rights,
any federal civil rights agencies, such as the Department of Housing
and Urban Development ("HUD") or the Equal Employment Opportunity
Commission ("EEOC"), or with the Commission on Human Rights of any
city, town or village located in Ulster County, which is based upon
the same transaction or occurrence or series of transactions or occurrences
which are the subject of the complaint sought to be filed.
E.
The Hearing Officer shall give to respondent written notice of the
complaint, inform the respondent of the time frame to submit an answer
and the time and date that the complaint will be heard.
F.
The written notice shall include, at a minimum:
(1)
A concise statement of the factual basis for the complaint;
(2)
The amount of damages claimed;
(3)
The provisions of state, federal or local human rights laws or regulations
alleged to have been violated by the respondent;
(4)
The respondent's deadline for submitting an answer to the complaint;
(5)
The time and date of the hearing and the ramifications of a default;
and
(6)
A copy of the rules of the hearing procedures which have been promulgated
by the panel of potential Hearing Officers.
G.
The hearing shall provide a reasonable opportunity to be heard, to
assert any applicable answer, affirmative defenses, cross claims or
counter claims, to move to dismiss, to cross-examine witnesses, and
to present evidence free from interference, coercion, restraint, discrimination,
or reprisal, and the parties shall have the right to be represented
by a person of his/her choice at any stage of the hearing and proceedings
at their own expense.
H.
If the respondent fails to appear at the hearing without good cause
being shown and the complainant presents a prima facie case against
the respondent, the respondent may be found in default. The motion
for default and a proposed default order shall be served by the Hearing
Officer on all parties, and the defaulting party shall have 20 days
from service thereof to reply to the motion. The proposed default
order may be set aside for good cause shown in accordance with the
Civil Practice Law and Rules. Default by the complainant shall result
in the dismissal of the complaint with prejudice.
I.
Should liability be found after a hearing, in determining the nonmonetary
relief and the amount of monetary damages to be assessed, the Hearing
Officer shall consider the seriousness of the violation(s); any history
of such violation(s); the economic impact (benefit or harm) resulting
from the violation(s) to complainant; the economic impact of the damages
to be assessed to the respondent; and such other factors as justice
may require. Any party to the hearing, or the Commission on behalf
of the prevailing party, may seek to convert the relief awarded by
the Hearing Officer into a judgment pursuant to the Civil Practice
Law and Rules.
J.
The panel of potential Hearing Officers shall establish uniform rules
and forms for discovery consistent with Article 31 of the Civil Practice
Law and Rules, and for administration and implementation of this section,
including procedures for conducting hearings, motion practice, and
other necessary proceedings.
K.
Any person against whom money damages, or other nonmonetary relief,
are assessed under this section may obtain judicial review of such
assessment in accord with Article 78 of the Civil Practice Law and
Rules.
L.
The Commission shall maintain an abstract of all complaints received
each year, which abstract shall include the date and subject matter
of the complaint, the names of the parties, and the disposition of
the complaint.
If a decision of liability is made by the Hearing Officer, money
damages payable to the complaining party may be assessed of not more
than $20,000, and/or such other nonmonetary relief as the Hearing
Officer may deem just, proper and equitable. The Hearing Officer may
not award, and each party shall bear its own, attorney fees, costs
and expenses.
This chapter does not create any special duty by Ulster County.
Any and all liability and consequential damage resulting from either
a violation of any provisions of this chapter or the enforcement of
any provisions of this chapter are hereby disclaimed and governmental
immunity is retained.
If any word, phrase, clause, sentence, paragraph, section or
part of this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
word, phrase, clause, sentence, paragraph, section of part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
This chapter shall take effect immediately upon its filing with
the New York Secretary of State.
