448.2008
RESOLUTION AUTHORIZING SETTLEMENT OF EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION MATTER
RESOLUTION NO.: 448, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Paul Schonewolf filed a Complaint with the U.S. Equal Employment Opportunity
Commission (EEOC) charging the Town of Queensbury (Town) with discrimination on the basis of
age, under the Age Discrimination in Employment Act, 29 USC §630, (ADCA) based upon the
allegation that the Town discriminated against firefighters in the years between 1990 and 2006 because
firefighters aged 62 and older could not earn firefighting service credit under the Length of Service
Award Program (LOSAP), and
WHEREAS, the Town agrees that firefighters 62 years of age and older were not allowed to
earn firefighter service credit because General Municipal Law §214 et seq., would not allow crediting
firefighters over age 62 during this period of time but limited the Town to making prospective changes
to the LOSAP, and
WHEREAS, in 2007, the Town amended its LOSAP to allow then currently active firefighters
to accrue prospective service credit without regard to age, and
WHEREAS, firefighters who served between the years of 1990 and 2006 are entitled to
retroactive credit for their service during those years, and
WHEREAS, the Town has provided EEOC with a list, based upon information supplied by the
Town’s five (5) Fire Companies setting forth the impacted firefighters, a true and correct copy of
which is presented at this meeting, and
WHEREAS, based upon the information provided to EEOC, EEOC has prepared a
Determination Letter and Conciliation Proposal, a draft copy of which is presented at this meeting, and
WHEREAS, the Town wishes to accept this Proposal and to ensure that all firefighters are
promptly paid or credited for awards due them under the LOSAP Program for the years between 1990
and 2006,
NOW, THEREFORE, BE IT
RESOLVED, in light of the foregoing, the Queensbury Town Board hereby authorizes and
directs the Town Supervisor to execute the final Conciliation Agreement resolving the Equal
Employment Opportunity Commission (EEOC) Charge No.: 520-2007-02662 in the form
approved by Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town’s Budget
Officer to issue any payments due to formerly active volunteer firefighters based upon their
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restored credit by no later than October 30, 2008 from the account(s) deemed to be appropriate
by the Budget Officer, and to submit written documentation of such payments to the EEOC, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Executive Assistant to restore LOSAP credit for the years between 1990 and 2006 to each
identified firefighter, and
BE IT FURTHER,
RESOLVED, that the Town agrees to provide ADEA training for all managerial employee
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firefighters and for all non-managerial firefighters by no later than October 30, 2008 consistent
with the EEOC Conciliation Agreement and agrees to post EEOC posters in places visually
accessible to applicants and employees of the Respondent, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Town Budget Officer and Town Counsel to otherwise file any necessary
documentation and take any and all actions necessary to ensure compliance with the Conciliation
Agreement and effectuate all terms of this Resolution.
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Duly adopted this 22 day of September, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT : None
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