yonkers human rights commission

Contact Us Email: humanrights @suffolkcountyny.gov Phone: (631) 853-5480 Mailing Address: Fax: (631) 853-5478 For a Consultation (800) 893-9645. Yonkers Commission on Human Rights, Yonkers, New York. While defendants do not address this contention, they do include in their Reply, at 4, several statements of purportedly material facts not in dispute which this Court will construe to fulfil the purpose behind Rule 3(g), namely to aid the Court in making its conclusions of law based upon the undisputed material facts. 1981, 1983 and 1985. The power to commence a lawsuit is not expressly granted to the Commission by the state legislation or the resolution of the Yonkers Common Council. 98, at 161-166. (b) To make such studies in any field of human relationship in the community as in the judgment of the commission will aid in effectuating its general purposes and where desirable, to make the results of such studies public. 1923, 20 L.Ed.2d 1060 (1968). 1981, 1983 and 1985; (2) an injunction enjoining the defendants, their agents and successors from engaging in and continuing their unlawful conduct and policy; (3) total compensatory damages in the amount of $123,000.00 and punitive damages of $2,000,000.00; and (4) reasonable attorney fees, pursuant to 42 U.S.C. innovative human rights strategies that foster mutual respect and understanding The Commission has fifteen members, not all of whom have been currently appointed (Affidavit of Jay B. Hashmall, Esq . All Rights Reserved. at 4-5. In addition, he serves as treasurer on the Executive Committee of the Conference of Big 5 School Districts and is a member of the New York State Education Department committee of practitioners. 1331 and 1343. Human Rights Commission | City of Yonkers, NY He is currently Assistant Pastor at Calvary Center Church in Yonkers, an evangelical church which dedicates itself to service to the community. The commission also will conduct and recommend educational programs. In the aftermath of the recent lawsuit finding racial discrimination in housing and education, United States of America v. Yonkers Board of Education, City of Yonkers, and Yonkers Community Development Agency, 624 F. Supp. Whatever legal implications this reimbursement allegation might have raised need not be herein addressed, for plaintiff's attorney made it clear, in his representations to this Court at the oral argument held on January 27, 1987, that such a claim was purely theoretical in nature; no pending claim for reimbursement exists, as no vouchers for these alleged expenses have been filed with the appropriate authority, much less rejected. We hold only that plaintiff Commission is not as a matter of law empowered to bring a lawsuit, regardless of the purpose thereby intended to be served. Kenya human rights commission to investigate alleged killings on Honorable mention for the essay contest went to: Karen Alonso, The Human Rights Commission office is located at: 112 East Post Rd., 3rd Floor White Plains, NY 10601. You'll receive email updates from HRC. 1988, and costs, pursuant to Rule 54(d) of the F.R.Civ.P. The Human Rights Campaign uses cookies to improve your site experience. Two Executive Directors were fired by City Managers during the time period at issue in which Mr. Stauf was a Commissioner and the Chairman. Sunken boat killing hundreds overshadowed by Titan submersible coverage Defendant insists that only seven Commissioners of the fifteen member Commission attended the meeting of February 18, 1986, thereby failing to fulfil the quorum requisites of 41, New York General Construction Law. The Commission has fifteen members, not all of whom have been currently appointed (Affidavit of Jay B. Hashmall, Esq . at 5). In total, plaintiff requests the following relief: (1) a declaration by this Court that the acts of the defendants in appropriating plaintiff's funds, employing an executive director, and in impeding, hindering and obstructing plaintiff from attempting to enforce the rights of persons to equal protection of the laws and in securing to all persons equal protection of the laws, constitute a denial of due process of law under the Fourteenth Amendment and violate 42 U.S.C. Closely scrutinizing the empowering legislation for that Board, the court determined that, although petitioner on behalf of the Board was granted specific authority to participate in certain rate cases before the Public Service Commission, the expressly enumerated powers did not include the ability to seek judicial review of the Commission's directives, nor could such a capacity be necessarily implied from those powers which the legislature saw fit to set forth. Yonkers who were honored at the annual breakfast wereartistic innovator Reyes giving an introduction (Universal Declaration of Human Rights) andShantae We note further that this is not "an instance in which the municipal challengers assert that if they are obliged to comply with the state statute they will by that very compliance forced to violate a constitutional proscription." Plaintiff makes broad conclusory allegations which afford the Commission no recourse before this Court. Rockland County Human Rights Commission 2 New Hempstead Road New City, New York. 11). She has served as Vice Chair of the Yonkers Human Rights Commission, was the founding Chair of the Yonkers Alliance for Latino and Immigrant Services, and was the Formation Chair for the Yonkers St. Patrick's Day Parade for many years. Accordingly, the cases cited by plaintiff, where the focal issue is the nature and directness of injury for the purposes of maintaining standing to sue, see, e.g., Havens Realty Corp. v. Coleman,455 U.S. 363, 102 S. Ct. 1114, 71 L. Ed. 6761) directed in part that: "The FHO shall refer persons who wish to file complaints concerning suspected discrimination to, as appropriate, the Yonkers Commission on Human Rights " (Stauf Aff. The Yonkers Commission on Human Rights is a group of a dozen Write CSS OR LESS and hit save. Rockland County Human Rights Commission 2 New Hempstead Road New City, New York. The principle is well-settled in New York that: 26 N.Y.Jur.2d "Counties, Towns, and Municipal Corporations" 630, at 304 (1982); see Village of Boonville v. Maltbie, 272 N.Y. 40, 47, 4 N.E.2d 209 (1936); Civil Service Forum v. New York City Transit Authority, 4 A.D.2d 117, 163 N.Y.S.2d 476 (2d Dep't 1957). . Aff. 4; Answer para. A municipal corporation may not assert a denial of the equal protection or due process clauses of the Fourteenth Amendment as against the state by which created, and, therefore, a department which is an arm or agency of a unit of state government, is not protected against the acts of the state or other entities exercising state delegated authority. 622-1963 of the Common Council of the City of Yonkers, in accordance with the enabling statute, sections 239-o to 239-t of the New York General Municipal Law. Many see their generation as affected by poor mental health, symptoms of which may be mistaken for laziness or hypersensitivity, while some participants feel actions such as self-care are misinterpreted as being self-indulgent and selfish. The principle is well-settled in New York that: 26 N.Y.Jur.2d "Counties, Towns, and Municipal Corporations" 630, at 304 (1982); see Village of Boonville v. Maltbie, 272 N.Y. 40, 47, 4 N.E.2d 209 (1936); Civil Service Forum v. New York City Transit Authority, 4 A.D.2d 117, 163 N.Y.S.2d 476 (2d Dep't 1957). Yonkers Human Rights Commission Celebrates Intl. The Human Rights Campaign, All Rights Reserved. To view the Preamble to the Universal Declaration of Human Rights, visit, www.un.org/en/universal-declaration-human-rights/. Stauf Aff. By using this site, you agree to our use of cookies. 11). goals are two-fold. They note the deposition testimony of Mr. Stauf that three Executive Directors were appointed by three different City Managers during the past years. (Stauf Aff. 1, and plaintiff's letter of September 26th, annexed thereto as Exhibit A. It shall be the duty of the commission: In addition, administratively under section 239-p, it has the power and authority to employ an executive director, a secretary, and such attorneys, experts and other employees as may be necessary "within the amount made available by the local governing board." Defendant insists that only seven Commissioners of the fifteen member Commission attended the meeting of February 18, 1986, thereby failing to fulfil the quorum requisites of 41, New York General Construction Law. See, e.g., Vasquez v. Town Board of Town of Waterford, 72 A.D.2d 883, 422 N.Y.S.2d 142 (3rd Dep't 1979) (town may abolish police department). About Us. The United States Supreme Court has instructed that: In Jeter v. Ellenville Central School District, 41 N.Y.2d 283, 392 N.Y.S.2d 403, 360 N.E.2d 1086 (1977), where the New York City Board of Education and Department of Social Services and the Board of Education of the City of Yonkers sought to assert claims under the due process and equal protection clauses of the New York State and United States Constitution, the New York Court of Appeals held that these units of the municipal government did not have the substantive right to raise these constitutional challenges. The Common Council of the City of Yonkers is the legislative body and governing board of the City. Plaintiff Commission has also failed to demonstrate precisely how or in what manner the First Amendment rights of its members have been violated. 2d 1060 (1968). 2d 343 (1975); Baker v. Carr,369 U.S. 186, 82 S. Ct. 691, 7 L. Ed. TOP. ( 239-q and 239-r, respectively, of the New York General Municipal Law). Hopkins v. Hanna, 135 Misc. Thus, plaintiff makes a general allegation of the deprivation of plaintiff's property and rights without due process of law and the denial of equal protection to "those persons whose rights have been violated by the City and its school system, and who seek to have those rights vindicated by or through the plaintiff" (Complaint para. Foster mutual respect and understanding among all racial, religious, and ethnic groups in the community, and to recognize all forms of discrimination based on sex or age. IX, 1. 4 (1934). 4; Answer para. 1981 and 1983 (Complaint para. Finally, it is well established that Constitutional due process rights do not inhere in municipal corporations as against the state of their creation. For instance, as Mr. Stauf laments: Yet defendant notes that the obstruction of these meetings of the Commission was caused by Mr. Stauf himself in that he cancelled these meetings by written notice to the other members of the Commission (Defendants' Reply at 3, and Exhibit B annexed thereto). Upon a review of the relevant municipal law of the State of New York, by which the Yonkers Commission on Human Rights was created, this Court concludes that such Commission clearly lacks the capacity to sue, and thus the Court need delve no further into the other claims and contentions raised by the parties. 72 years later on December 10, 2020 the City of Yonkers Commission on Human Rights will join many people from around the globe to celebrate the standard that All human beings are born with equal and inalienable rights and fundamental freedoms.. FIFTH, defendants deny the within allegations as to the function of defendant McDonald, except to admit that he was employed by the City of Yonkers. discrimination. The court in that case permitted the Commissioner of the Department of Environment Conservation to seek judicial review of an adverse determination of the Freshwater Appeals Board, but solely due to the fact that the Environmental Conservation Law expressly provided the Commissioner with the authority to initiate such lawsuits. Aff. The Commission was created by the City of Yonkers in 1963 by Resolution No. 7). Westchester. 6761) directed in part that: "The FHO shall refer persons who wish to file complaints concerning suspected discrimination to, as appropriate, the Yonkers Commission on Human Rights . among all groups of individuals throughout the community. 914-377-6280, Sam Stuto *550 As a fourth cause of action, pertaining to defendants Doran, DeSantis and Irwin, plaintiff contends that these defendants "contrived and conspired to appropriate plaintiff's funds for the use and control of the City Manager and to impede, hinder and obstruct plaintiff in lawfully enforcing or attempting to enforce the rights of persons to equal protection of the laws" (Complaint para. 17(b). According to plaintiff, the Commissioner of Fiscal Services of the City is responsible for the disbursing of funds allocated by the City's Common Council for the Commission. Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills. Yonkers Com'n on Human Rights v. City of Y. - Casetext Plaintiff Commission has also failed to demonstrate precisely how or in what manner the First Amendment rights of its members have been violated. ); see also Affidavit of Commission members John D. Spencer (Exhibit 4 to Plaintiff's Cross-Motion) and Robert Stauf (Exhibit 1 to Plaintiff's Cross-Motion). The Yonkers Commission on Human Rights has jurisdiction and power to encourage and promote the development and execution by all persons within the City of Yonkers of such programs; to eliminate and prevent discrimination in employment, in places of public accommodation, resort or amusement, in educational institutions, in commercial space and in. Arising from such alleged violations is the demand for damages in the approximate sum of $41,000.00 (Complaint para. None of these accomplishments are created in a vacuum, notes Reverend Lpez, It is only with the commitment of my fellow Trustees, the Trustees support staff, parents, the administration, teachers and labor that these new initiatives help to develop, encourage and foster active participation within the educational community., Although community involvement has been important to Reverend Lpez, his priorities are his family and his service to God. The commission thanked Mayor Mike Spano and the Yonkers City 5). Inquire into incidents of tension and conflict among or between various racial, religious, and nationality groups, and to take such actions as may be designed to alleviate such tensions and conflict. on the grounds that he asserts a "right to relief jointly and severally in respect of or arising out of the same transactions or occurrences and questions of law or fact common to all parties will arise in the action"; and (3) to compel disclosure of the files maintained on plaintiff's behalf by the Corporation Counsel of the City of Yonkers, on the grounds that these files "contain documents concerning the operation of the Commission and are related to issues raised in this action.". (d) To conduct and recommend such educational programs as, in the judgment of the commission, will increase goodwill among inhabitants of the community and open new opportunities into all phases of community life for all inhabitants. Dominic A. Morelli - Managing Principal - LinkedIn In small places, close to home so close and so small that they cannot be seen on any maps of the world. Defendants contend that such a notice violated Article III, Section II of the By-laws, which require the notice to "state the objective(s) for which" the meeting is called; and that the meeting itself violated Article II, Section V of the By-laws, and Section 100 of the Open Meetings Law, which prohibit unannounced meetings closed to the public (Hashmall Supp. Please enable JavaScript in your browser for a better user experience. 87 Nepperhan Ave, Rm 325 The operational resolution of the Common Council of the City of Yonkers (Exhibit F to Defendants' Motion) restated the Commission's duties, set the number of Commission members and appointed its original members. 1276 (S.D.N. In 1980, Myra Mitchell, a black county worker making $500 a. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in thelarger world, said Eleanor Roosevelt. The Keyword Search helps you find long term services and supports in your area. students at Roosevelt High School. 2d 663 (1962). United States District Court, S.D. The commission can exercise only such powers as have been specially conferred by statute . This Court considers the question of whether plaintiff obtained the proper authorization to commence the present litigation to be superfluous because, assuming the use of proper internal voting procedures, plaintiff Commission lacks the capacity to bring this suit, as discussed below. Aff. Get free summaries of new Southern District of New York U.S. Federal District Court opinions delivered to your inbox! Hashmall Suppl. In keeping with the grant of broad powers to local government, the New York legislature has held: 50, New York Municipal Home Rule Law. Aff. ** On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that sexual orientation and gender identity discrimination are prohibited under federal sex-based employment protections. Human Rights Office | City of Yonkers, NY The Declaration was adopted by the United Nations in 2007 and endorsed by Canada in 2016. Yonkers Human Rights Commission Promote sustainable development: We need sustainable development for people and planet. Chairperson - Yonkers Human Rights Commission - LinkedIn Aff. We all have a shared purpose, to make Sullivan County the best possible place to live regardless of race, color, religion, national origin, creed, gender, age, disability, actual or perceived sexual . *555 Accordingly, defendants' motion for summary judgment is granted, and all relief requested by plaintiff's cross-motion is denied. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Yonkers Geographic Information Systems (GIS), Department of Parks, Recreation & Conservation, December 2022 - Roosevelt High School Early College Studies, June 2023 - Rosemarie Ann Siragusa School, City Council President Lakisha Collins-Bellamy, Yonkers Neighborhood Naturally Occurring Retirement Community (NNORC), On-Street Parking for Persons with Disabilities, Assessment Rolls, Information & Online Property Viewer, Forms, Publications & Common Exemption Applications, Medical Benefits - Information for Retirees, Red Light Cameras - How It Works/Locations, Board of Contract and Supply (BOCS) Meeting Agendas, Yonkers Workforce Development Board Meeting Minutes, Yonkers Workforce Development Board BY-LAWS, Disability Resource Coordinator (DRC) RFP, Yonkers Career Center Reasonable Accommodation Policy. New York State, Telephone: Organizations, Inc. v. Camp,397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. stating that capacity of commission to sue was to be determined by New York state law, in accordance with F.R.C.P. Lavine v. Lindsay, 412 U.S. 950, 93 S.Ct. . Contact Us - Westchestergov.com Justice Canada's Action Plan promises an independent human rights 21). So, too, solutions to problems of this nature are not to be sought in our courts but at the election district. Plaintiff acknowleges this fact, but makes a vague reference to possible reimbursement owing to Commission members for personal expenses incurred in the scope of their duties. This is a one 3-year-term and all members are appointed by the City Council. A Yonkers resident, he is currently the Director of Client Services for the New York City Department of Education . Westchester. 87 Nepperhan Ave Rm 325 Yonkers, NY 10701 United States. Yonkers, in exchange, will cover 20 . 1981, 1983 and 1985. 2:00 -5:00 Yonkers Public Schools. 10(1)(ii)(a)(1), Munic. By any stretch of the above definition, Mr. Stauf clearly lacks the standing to bring this suit. denied, 459 U.S. 857, 103 S. Ct. 127, 74 L. Ed. 1988. 17.25 (1986). Defendants had originally made a motion to dismiss, dated September 22, 1986 and returnable on October 22nd, which motion was adjourned and essentially converted to one for summary judgment by the Hashmall Supplemental Affirmation, para. Rule 17(a), F.R.Civ.P. Steve Lopez - Yonkers Power List The United States Supreme Court has instructed that: In Jeter v. Ellenville Central School District,41 N.Y.2d 283, 392 N.Y.S.2d 403, 360 N.E.2d 1086 (1977), where the New York City Board of Education and Department of Social Services and the Board of Education of the City of Yonkers sought to assert claims under the due process and equal protection clauses of the New York State and United States Constitution, the New York Court of Appeals held that these units of the municipal government did not have the substantive right to raise these constitutional challenges. The authority specifically designated to the Commission, "where and to the extent authorized by local law or ordinance", is the power: The enabling legislation sets forth the general duties and powers in full: "1. Message from the Commission; Personnel and Board Members; Annual Report; Plaintiff states that the City Manager is responsible to the Common Council for the proper administration of the affairs of the City and has the duty to see that the ordinances of the City and the laws of the State of New York are enforced. It is with a focused determination that I keep my family a priority in life. Plaintiff, in contrast denies any knowledge of the existence of an Office of Human Rights or that such an interaction provided the origin of the instant dispute. In connection therewith, plaintiffs allege that the defendants Doran and Irwin acted in their capacity as City Manager their actions represented the municipal policy of the City. Senator Stewart-Cousins was the Mistress of Ceremonies at the annual Human Rights Breakfast organized by the Yonkers YWCA and the Yonkers Human Rights Commission. Plaintiff makes a cross-motion, filed January 21, 1987, moving the Court to grant the following requests: (1) to amend its complaint pursuant to Rule 15(a), F.R. However, defendants correctly note that, at a September 3, 1986 conference when this Court asked plaintiff to determine whether Judge Sand's decision was related to the instant dispute, plaintiff provided no information (Defendants' Reply at 2). ." 239-q(1)(c), General Municipal Law. Coleman sharing a poem. This category measures the city leaderships commitment to fully include the LGBTQ+ community and to advocate for full equality. the YPS administrators and teachers. Accordingly, defendants request that the Complaint be dismissed, together with costs, disbursements and attorney fees. We note further that this is not "an instance in which the municipal challengers assert that if they are obliged to comply with the state statute they will by that very compliance forced to violate a constitutional proscription." The Commission has fifteen members, not all of whom have been currently appointed (Affidavit of Jay B. Hashmall, Esq., counsel for defendants, at 1) (hereinafter "Hashmall Aff."). . For instance, the New York Court of Appeals has held that a court may not sit in review upon the exercise of business judgment by a board of estimate, and even if there has been a mistake or misunderstanding, the court has no power to review the findings and acts of such a board in its capacity as a legislative body. 21). 1-800-342-9871. He has not been deprived of a property right because, since the creation of the Commission in 1963 to the present time, the members of the Commission, including its Chairman, have not received compensation for their positions. Reverend Lpez has also served as President of L.A.T.Y.N., President of the Yonkers Puerto Rican Day Parade Foundation (now the Hispanic Day Parade), Chairperson for the Martin Luther King Jr. Commission for Nonviolence and Vice-President of Untermeyer Performing Arts Council. By affidavit of Robert Stauf, plaintiff insists that the proper procedures were followed during the meeting of February 18th when the vote to commence this lawsuit was allegedly taken. This section assesses the efforts of the city to ensure LGBTQ+ constituents are included in city services and programs. Art. It's an omnibus statute banning discrimination in employment, housing, credit, and places of public accommodation and non-sectarian educational institutions. To learn more, please read our Privacy Policy. Plaintiff acknowleges this fact, but makes a vague reference to possible reimbursement owing to Commission members for personal expenses incurred in the scope of their duties. In any case, this Court deems this question of fact to be irrelevant and immaterial to the lawsuit and the resolution of the claims heretofore raised, because the Commission lacks the capacity, infra, to bring the instant suit on behalf of itself or others. City of Yonkers. In their Answer, defendants enter a general denial and the affirmative defenses of: (a) failure to state a claim upon which relief may be granted; (b) lack of legal standing of plaintiff Commission to commence this action; (c) lack of legal capacity to commence this action; (d) lack of proper authorization by the Commission to commence this action; (e) lack of jurisdiction over the subject matter of this lawsuit; (f) lack of jurisdiction over the subject matter of the alleged pendent claim; (g) failure to serve a Notice of Claim pursuant to General Municipal Law Section 50-e for the alleged pendent claim; and (h) failure to set forth sufficient facts with reasonable particularity to show an alleged violation of plaintiff's civil rights. 3:30 -5:00 Information Technology and Office Services . You can explore additional available newsletters here. Hashmall Affidavit at 2. There was also youth spoken word at the breakfast, withAriel The Commission commenced this action on June 23, 1986. keynote speaker was Michelle Nicholas, executive director of Girls, Inc., of ), Father John P. Duffell (Exhibit B to Hashmall Aff. United States District Court, S.D. Accordingly, defendants request that the Complaint be dismissed, together with costs, disbursements and attorney fees. The gravamen of the complaint is plaintiff's allegation that during the period July 1, 1985 to the present date: During this apparent turf struggle, or conflict between the various officers of the City of Yonkers and the Commission, the true nature of which remains relatively uncertain, plaintiff filed the instant lawsuit.
Stone Real Estate Nsw, Paterson Police Ori Number, Retrobottega Florence, Nicole Shanahan And Elon Musk, Articles Y