EAST QUOGUE FIRE DISTRICT
REGULAR MONTHLY MEETING
OCTOBER 4, 2018
The Regular Monthly Meeting of the Board of Fire Commissioners of the East Quogue Fire District was called to order by Chairman Aaron Sacks at 7:30 p.m. Present were Commissioners Aaron Sacks, Allyn Jackson, James Schaefer, Jennifer Davonski and Michael Mattera, Chief Scott Davonski, First Assistant Chief Scott Flynn, Second Assistant Chief David Rosante, First Responder Amit Patel (left at 8:00 p.m.), Treasurer Nancy Knotoff and Secretary Lorraine Gregory.
FIREHOUSE ATTENDANT REPORT
See attached report.
ITEMS FOR DISCUSSION
See attached report.
EQUIPMENT AND SUPPLIES
Work Order Report dated 9/1/18 to 10/1/18 was submitted to the Board.
Commissioner Sacks advised the Board that Fully Involved will be here tomorrow to make repairs to 7-6-2.
Commissioner Jackson stated that all of the repair items for 7-6-7 are still outstanding.
Commissioner Sacks also advised the Board that Ken Rousell had inspected the dry wells. The dry well by the generator drains from the roof and is ¾ under the generator pad, full of debris/sediment and cannot be cleaned out. Mr. Rousell suggested that the drain be diverted to the dry well in the parking lot and that concrete collars be used to replace all of the dry well brick collars which are falling apart. Commissioner Sacks will ask for a written proposal.
See attached report.
Request 1. - A motion was made by Commissioner Jackson, seconded by Commissioner Mattera, authorizing the purchase of one (1) Halligan Bar and Flat Head Ax for 7-6-7 from Coastal Fire Systems, Inc., at a total cost of $310.00. Approved 5-0.
Request 2. - A motion was made by Commissioner Sacks, seconded by Commissioner Schaefer, authorizing the purchase of five (5), plus additional for inventory, Fire Police Reflective Jackets/Parkas and Pants from Coastal Fire Systems, Inc., at an approximate total cost of $1,999.99. Approved 5-0.
ITEMS FOR DISCUSSION
Mr. Glass not in attendance.
A motion was made by Commissioner Davonski, seconded by Commissioner Mattera, accepting the Minutes of the September 6, 2018 Regular Monthly Meeting. Approved 5-0.
Ms. Knotoff advised the Board that the $50,000.00 transfer she made on the Internet last month went through twice. Therefore, she will transfer $50,000.00 less this month. Also, last month the Capital One Money Market and Checking Accounts were zeroed out. However, the bank charged a $253.42 Analysis Fee on the Money Market Account. There is a Verizon $298.78 credit on the Checking Account and she will settle this at the bank.
Ms. Knotoff also advised the Board that the following Purchase Orders needed correction:
2018-46 - Specialty Ambulance Amount approved - $1,028.25
Amount charged - $1,264.25
2018-09 - Hi-Tech Amount approved - $16,000.00
Amount charged - $16,913.75
Ms. Knotoff advised the Board that the 2019 Proposed Budget was filed with the Town and has been posted on the District’s website. The Budget Hearing is scheduled for Tuesday, October 16, 2018, at 7:00 p.m. with a Special Meeting to immediately follow.
A motion was made by Commissioner Schaefer, seconded by Commissioner Davonski, approving the Treasurer’s Report as submitted. Approved 5-0.
COMMUNICATIONS AND CORRESPONDENCE
Miscellaneous correspondence was presented to the Board including a letter from the Town of Southampton Comptroller’s Office regarding false alarm billing and e-mails from William F. Glass, Esq. regarding the New Sexual Harassment Policy and the resolution, public notice and ballot form regarding the 2019 Election.
Commissioner Mattera advised the Board that he had received a verbal quote for $18,000.00 from Southeast Refrigeration, Inc. for a new 10’ x 12’ walk-in cooler, minus pad and compressor. Commissioner Mattera will ask for a written quote and will seek additional quotes.
Commissioner Jackson has not yet heard back from Commander regarding the service bills.
The Board tabled a decision on the cellular backup fee of $1,671.26 and the monthly fee.
At 8:20 p.m., a motion was made by Commissioner Schaefer, seconded by Commissioner Sacks, calling the meeting into Executive Session to discuss discipline issues. Approved 5-0.
At 8:26 p.m., a motion was made by Commissioner Schaefer, seconded by Commissioner Davonski, calling the meeting out of Executive Session. Approved 5-0.
With regard to the memorandum forwarded by Mr. Glass regarding the New Sexual Harassment Law, a resolution was drawn up and states as follows:
2018-32. The Board of Fire Commissioners of the East Quogue Fire District hereby resolve to adopt the following Sexual Harassment Policy and Complaint Form For Reporting Sexual Harassment:
EAST QUOGUE FIRE DISTRICT
SEXUAL HARASSMENT POLICY
The East Quogue Fire District is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. The East Quogue Fire District has a zero-tolerance policy for any form of sexual harassment, and all employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of the East Quogue Fire District’s commitment to a discrimination-free work environment.
Sexual harassment is against the law. All employees have a legal right to a workplace free from sexual harassment, and employees can enforce this right by filing a complaint internally with the East Quogue Fire District, or with a government agency or in court under federal, state, or local antidiscrimination laws.
What Is “Sexual Harassment”?
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, gender identity, and the status of being transgender.
Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:
A sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment, or any other terms, conditions, or privileges of employment. This is also called “quid pro quo” harassment.
Any employee who feels harassed should complain so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.
Examples of sexual harassment
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
Physical assaults of a sexual nature, such as:
employee’s body or poking another employees’ body;
Unwanted sexual advances or propositions, such as:
concerning the victim’s job performance evaluation, a promotion or other job benefits or detriments;
Sexually oriented gestures, noises, remarks, jokes or comments about a person’s
sexuality or sexual experience, which create a hostile work environment.
Sexual or discriminatory displays or publications anywhere in the workplace, such
material, reading materials or other materials that are sexually demeaning
or pornographic. This includes such sexual displays on workplace
computers or cell phones and sharing such displays while in the workplace.
Hostile actions taken against an individual because of that individual’s sex, sexual
orientation, gender identity and the status of being transgender, such as:
equipment, or otherwise interfering with the individual’s ability to perform
Who can be a target of sexual harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. A perpetrator of sexual harassment can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.
Where can sexual harassment occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises or not during work hours.
What is “Retaliation”?
Unlawful retaliation can be any action that would keep a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation.
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
filed a complaint of sexual harassment, either internally or with any anti-
testified or assisted in a proceeding involving sexual harassment under the Human
Rights Law or other anti-discrimination law;
opposed sexual harassment by making a verbal or informal complaint to
management, or by simply informing a supervisor or manager of harassment;
complained that another employee has been sexually harassed; or
encouraged a fellow employee to report harassment.
Reporting Sexual Harassment
Preventing sexual harassment is everyone’s responsibility. The East Quogue Fire District cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or non-employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager or Board of Fire Commissioners. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or Board of Fire Commissioners.
Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee’s behalf.
Employees, paid or unpaid interns or non-employees who believe they have been a victim of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.
All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to Board of Fire Commissioners.
In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.
Supervisors and managers will also be subject to discipline for engaging in any retaliation.
Complaint And Investigation Of Sexual Harassment
All complaints or information about suspected sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.
An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, and should be completed within 30 days. The investigation will be confidential to the extent possible. All persons involved, including complainants, witnesses and alleged perpetrators will be accorded due process to protect their rights to a fair and impartial investigation.
Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Employees who participate in any investigation will not be retaliated against.
Investigations will be done in accordance with the following steps:
Upon receipt of complaint, Board of Fire Commissioners will conduct an
immediate review of the allegations, and take any interim actions, as appropriate.
If complaint is oral, encourage the individual to complete the “Complaint Form” in
writing. If he or she refuses, prepare a Complaint Form based on the oral
If documents, emails or phone records are relevant to the allegations, take steps to
obtain and preserve them.
Request and review all relevant documents, including all electronic
Interview all parties involved, including any relevant witnesses;
Create a written documentation of the investigation (such as a letter, memo or
email), which contains the following:
Keep the written documentation and associated documents in the employer’s
Promptly notify the individual who complained and the individual(s) who
responded of the final determination and implement any corrective actions
identified in the written document.
Inform the individual who complained of their right to file a complaint or charge
externally as outlined below.
Legal Protections And External Remedies
Sexual harassment is not only prohibited by the East Quogue Fire District but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at the East Quogue Fire District, employees may also choose to pursue legal remedies with the following governmental entities at any time.
New York State Division of Human Rights (DHR)
The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with DHR or in New York State Supreme Court.
Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state court.
Complaining internally to the East Quogue Fire District does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.
You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
DHR will investigate your complaint and determine whether there is probable cause to believe that discrimination has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400 [appropriate other contact info], www.dhr.ny.gov
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.
United States Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.
The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
Contact the Local Police Department
If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
BOARD OF FIRE COMMISSIONERS
EAST QUOGUE FIRE DISTRICT
465 MONTAUK HIGHWAY
P.O. BOX 860
EAST QUOGUE, NEW YORK 11942
Complaint Form For
Reporting Sexual Harassment
New York State Labor Law requires all employers to adopt a sexual harassment prevention policy that includes a complaint form for employees to report alleged incidents of sexual harassment.
If you believe that you have been subjected to sexual harassment, you are encouraged to complete this form and submit it to the Chief of the Department, District Manager, or Board of Fire Commissioner, whoever you are most comfortable with. Once you submit this form, your employer must follow its sexual harassment prevention policy and investigate any claims.
If you are more comfortable reporting verbally or in another manner, your employer is still required to follow its sexual harassment prevention policy by investigating the claims as outlined at the end of this form.
For additional resources, visit: ny.gov/combatting-sexual-harassment
Home Address: Work Address:
Home Phone: Work Phone:
Job Title: Email:
Select Preferred Communication Method: (please select one)
Immediate Supervisor’s Name:
Work Phone: Work Address:
Work Address: Work Phone:
Relationship to you: ☐ Supervisor ☐ Subordinate ☐ Co-Worker ☐ Other
Is the sexual harassment continuing? ☐ Yes ☐ No
information related to your complaint:
The last two questions are optional, but may help facilitate the investigation.
harassment at [Name of employer]? If yes, when and to whom did you complain or provide information?
Employees that file complaints with their employer might have the ability to get help or file claims with other entities including federal, state or local government agencies or in certain courts.
agency? ☐ Yes ☐ No
Have you instituted a legal suit or court action regarding this complaint?
☐ Yes ☐ No
Have you hired an attorney with respect to this complaint?
☐ Yes ☐ No
I request that [Name of employer] investigate this complaint of sexual harassment in a timely and confidential manner as outlined below, and advise me of the results of the investigation.
Signature: _______________________________ Date: _______________________
A motion was made by Commissioner Schaefer, seconded by Commissioner Davonski, accepting adoption of Resolution 2018-32. Approved 5-0.
The Secretary presented to the Board the resolution prepared by Mr. Glass to be voted upon by the Board regarding the Treasurer’s position being changed from elected to appointed, as well as the public notice and ballot form.
AT A MEETING OF THE BOARD OF FIRE COMMISSIONERS
OF THE EAST QUOGUE FIRE DISTRICT
OF THE TOWN OF SOUTHAMPTON, COUNTY OF SUFFOLK,
STATE OF NEW YORK
RESOLUTION TO MAKE FIRE DISTRICT TREASURER APPOINTIVE
2018- 33. WHEREAS, the state comptroller has prepared a uniform system of accounts for fire districts, and
WHEREAS, such system of accounts should be maintained by a person familiar with accounting procedures, and
WHEREAS, the present procedure of electing a treasurer does not necessarily result in the selection of a person so qualified, and
WHEREAS, subdivision 2-a of Town Law, §176 authorizes a board of fire commissioners to provide by resolution that a proposition shall be submitted at any annual fire district election, other than one at which a fire district treasurer is required to be elected, determining that the office of fire district treasurer shall be an appointive office, and
WHEREAS, a treasurer is not required to be elected at the annual fire district election to be held on the 11th day of December, 2018.
NOW, THEREFORE, pursuant to the authority contained in such law,
BE IT RESOLVED that the question "Shall the office of Treasurer of the East Quogue Fire District be appointive" shall be submitted to the voters qualified to vote upon a proposition at the annual election of the East Quogue Fire District to be held on the 11th day of December, 2018, and
BE IT FURTHER RESOLVED, that, if such proposition is approved, the office of Treasurer of the East Quogue Fire District shall be appointive beginning at the expiration of the term of office of the incumbent elected treasurer, such date being January 1, 2020.
Motion made by Commissioner Schaefer, Seconded by Commissioner Davonski and adopted by the following vote:
Ayes: Commissioner Sacks
ANNUAL ELECTION OF
East Quogue FIRE DISTRICT
DECEMBER 11, 2018
PLEASE TAKE NOTICE that the Annual Election of the East Quogue Fire District will take place on December 11, 2018, between the hours of 5:30 PM and 9:00 PM at the East Quogue Firehouse located at Montauk Highway and Bay Avenue, East Quogue, New York for the purposes of electing one Commissioner for a five year term commencing on January 1, 2019 and ending on December 31, 2023.
Candidates for District Office shall file a petition signed by at least twenty-five (25) registered voters of the Fire District, which petition must be filed with the Secretary of the Fire District no later than November 21, 2018. Petition Forms may be obtained from the Fire District Secretary.
NOTICE is further given that the following proposition shall be presented to the qualified voters of the Fire District at said Annual Election:
Effective January 1, 2020, shall the office of Treasurer of the East Quogue Fire District be appointive?
All residents of the Fire District duly registered with the Suffolk County Board of Elections as of November 19, 2018 shall be eligible to vote.
Please be advised that the Board of Elections of the Fire District shall meet on December 6, 2018 from 6:30 p.m. to 7:30 p.m. at the firehouse for the purpose of preparing the rolls of the registered voters of the Fire District.
Dated: November ___, 2018
BY ORDER OF THE BOARD OF FIRE
COMMISSIONERS OF THE
East Quogue FIRE DISTRICT
Town of Southampton, Suffolk County, New York
By: LORRAINE GREGORY
Fire District Secretary
2018-33. Whereas, Section 175-a of the Town Law, as amended, provides for a system of registration of Fire District elections; and
Whereas, a register of eligible Fire District voters must be prepared prior to the Fire District election: and
Now therefore, be it resolved that three resident election inspectors of the East Quogue Fire District, namely, Faith Erwin, Stephen M. Gregory, Jr. and Patricia Densieski be appointed to constitute the East Quogue Fire District Board of Elections for the 2018 Annual Fire District Election;
And be it further resolved, that in case any of the members appointed therein are unable to assume or perform the duties required of them, the Board of Fire Commissioners will appoint alternates who are resident electors, namely, Linda DeRosa, Patricia Despres and Theresa Gregory;
And be it further resolved, that the Chairman, Election Inspector and Poll Clerk be compensated in the amount of $50.00 for their services and attendance at the annual election which shall take place during the hours of 5:30 p.m. and 9:00 p.m.;
And be it further resolved, that if clerical help is deemed necessary, this Board of Fire Commissioners will consider the appointment of such clerical persons upon the request of the Chairman of the Fire District Board of Elections.
A motion was made by Commissioner Schaefer, seconded by Commissioner Sacks, accepting adoption of Resolution 2018-33. Approved 5-0.
A decision on cellular back up costing $1,671.26, plus monthly fee was tabled.
Commissioner Sacks advised the Board that Integrated Wireless had sent in the 2019 Service Contract. The cost will be $4,366.20.
ABSTRACT OF BILLS
A motion was made by Commissioner Schaefer, seconded by Commissioner Davonski, approving the Abstract of Bills for the General Fund consisting of 43 checks totaling $54,714.13 and to authorize the transfer of $25,000.00 from the Money Market to the Checking Account. Approved 5-0. (Note: As mentioned in the Treasurer’s Report, a duplicate $50,000.00 transfer was made during an Internet transaction.)
At 8:30 p.m., there being no further business, a motion was made by Commissioner Schaefer, seconded by Commissioner Davonski, to adjourn the meeting. Approved 5-0.
Lorraine Gregory, Secretary
 A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.