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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 th 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 2 th 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. nd 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 3