[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-11-2017 by L.L. No. 7-2017]
The Legislature hereby finds and determines that with the repeal
of policy of the United States' military known as "Don't Ask, Don't
Tell" (DADT) in 2011, a bright new chapter has begun for LGBT service
members. For the first time in the history of the United States military,
LGBT service members can serve openly without fear of reprisal or
discharge.
The Legislature finds that it is undeniable that five years
after the repeal has occurred, the military is more welcoming toward
LGBT individuals today than at any point in its history.
The Legislature finds that Albany County, being a leader in
equality and justice for all, will not forget the generations of LGBT
veterans who suffered through past institutional discrimination and
were forced out of military service due to their sexual orientation
or gender identity. An estimated 114,000 service members have been
discharged because of their sexual orientation or gender identity
since World War II, leaving many with tarnished military records and
reputations that have unfairly jeopardized their ability to access
employment, scholarships and vital services.
The Legislature finds that the services offered to Albany County
residents through the Veteran's Services Bureau are directly contingent
upon the veteran's discharge status. After demonstrating unparalleled
service and risking their lives for our nation, it is our obligation
to extend a hand to all of our distinguished veterans, many of whom
experience great difficulty assimilating back into civilian life.
The Legislature finds that, while the federal government is
best suited to effect restoration of LGBT veterans' discharge records,
legislation at the federal and state level has gone nowhere.
The Legislature finds that the benefits owed these veterans
can no longer be set aside, and it is incumbent upon Albany County
to lead the way. This article will ensure that veterans whose discharges
were less than honorable due solely to their sexual orientation or
gender identity are not impeded from receiving County benefits for
which they would otherwise be eligible. Furthermore, this article
will ensure that all such veterans who are residents of Albany County
and seek to have their status restored at the federal level will be
provided assistance from the Albany County Veterans Bureau in correcting
their discharge status.
Therefore, the purpose of this article is to bestow any and
all County-level privileges, including but not limited to civil service
veteran's credits, "Return the Favor" benefits and the veterans' property
tax rebate, to veterans who were discharged from the military solely
for their LGBT status under the federal "Don't Ask Don't Tell" policy
as well as to assist all eligible resident veterans in applying for
modifications to their discharge status with the branch of military
in which they served.
This article shall be known as the "Albany County Restoration
of Honor Act."
As used in this article, the following terms shall have the
meanings indicated:
The military and naval forces of the United States.
The Albany County Veterans Bureau.
The Albany County Veterans Bureau Director.
A veteran who was discharged less than honorably from military
or naval service solely due to DADT or a similar policy in place prior
to the enactment of DADT.
A resident of Albany County who has served in the active
military or naval service of the United States during a war in which
the United States engaged and who has been released from such service.
A.
Notwithstanding any other provision of law, no veteran shall be denied
eligibility for any Albany County program, service or benefit to veterans
for which they would otherwise be eligible, solely on the basis of
the veteran's status as a discharged LGBT veteran.
B.
Any discharged LGBT veteran seeking assistance in requesting discharge
characterization upgrades, changes of narrative reasons for discharge,
changes of separation and separation program designator codes and
changes of reentry/reenlistment codes shall be provided such assistance
by the Bureau, where there are no aggravating factors related to the
discharge.
C.
Independent of Subsection B, a certificate of eligibility issued by the Bureau to a discharged LGBT veteran shall be sufficient proof of eligibility for any such Albany County program, service or benefit.
D.
The Bureau shall establish a consistent and uniform process for providing
assistance in requesting changes to the discharge records of a discharged
LGBT veteran through their branch of the Armed Forces, and the issuance
of certificates of eligibility for discharged LGBT veterans to act
as proof of eligibility for any program, service or benefit of the
County.
E.
A discharged LGBT veteran seeking such assistance or a certificate
of eligibility shall be required to provide documents consisting of:
F.
If a discharged LGBT veteran provides the Bureau with an affidavit described in Subsection E of this section, the Bureau may attempt to retrieve the document from the United States Department of Defense (DOD).
G.
A discharged LGBT veteran shall only receive such assistance and
certification from the Bureau if, with respect to their original discharge,
there were no aggravating circumstances that would have independently
led to a discharge characterization that was less than honorable.
H.
The Bureau shall make available information about the process for
obtaining assistance in requesting changes to the discharge records
and certificates of eligibility for discharged LGBT veterans on the
Bureau's website.
I.
The Bureau Director shall promulgate and adopt suitable rules and
regulations to carry out the provisions of this article.
This article shall be enforced by the Bureau in accordance with
the provisions of the Albany County Charter and Code.
The Director of the Bureau is hereby authorized and empowered
to promulgate such rules and regulations as he/she deems necessary
to implement this article.
