313.2018 Res. Authorize Stipulation Town of Qsby & NYS Commissioner of Labor RESOLUTION AUTHORIZING STIPULATION OF SETTLEMENT
BETWEEN TOWN OF QUEENSBUY AND NEW YORK STATE
COMMISSIONER OF LABOR
RESOLUTION NO.: 313,2018
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, on October 11, 2017, the New York State Commissioner of Labor issued a
Notice of Violation and Order to Comply to the Town of Queensbury, and on May 15, 2018
assessed a penalty against the Town of Queensbury in the amount of$19,008.00, and
WHEREAS, the Town of Queensbury disputed the Notice of Violation and Order to
Comply, as well as the fine assessed by the New York State Commissioner of Labor, and filed a
Petition for Review with the New York State Industrial Board of Appeals in connection with the
Town's objection to the Notice of Violation and Order to Comply and the assessed fine, and
WHEREAS, the Town of Queensbury and the New York State Commissioner of Labor
have entered into settlement negotiations to resolve the issues raised by the Town's Petition and
have negotiated a Stipulation of Settlement by which the Town will pay the Commissioner of
Labor the sum of$2,000.00 in full satisfaction of all claims in the Notice of Violation and Order
to Comply and the assessed fine,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby approves the terms of the Stipulation
of Settlement in a form to be approved by the Town Supervisor and the Town's Labor Attorney,
and authorizes the Town Supervisor to sign the finalized Stipulation of Settlement, as well as
authorizes the payment of$2,000.00 to the Commissioner of Labor in full satisfaction of all claims
contained in the Notice of Violation and Order to Comply and the assessed penalty, which
$2,000.00 payment shall be paid by August 30, 2018, to be paid for from the appropriate
account(s) as may be determined by the Town Supervisor and/or Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that upon the signing of the Stipulation of Settlement and making the
$2,000.00 payment in connection with the Stipulation of Settlement, the Town of Queensbury
shall withdraw its Petition for review with the New York State Industrial Board of Appeals, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 20ffi day of August, 2018,by the following vote:
AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden
NOES: None
ABSENT:None
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