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RICHARD D. EMERY ANDREW G. CELLI,JR. MATTHEW D. BRINCKERHOFF JONATHAN S. ABADY EARL S. WARD ILANN M. MAAZEL HAL R. LIEBERMAN DANIEL J. KORNSTEIN O. ANDREW F. WILSON ELIZABETH S. SAYLOR DEBRA L. GREENBERGER ZOE SALZMAN SAM SHAPIRO ALISON FRICK DAVID LEBOWITZ DOUGLAS E. LIEB ALANNA KAUFMAN JESSICA CLARKE EMMA L. FREEMAN DAVID BERMAN ASHOK CHANDRAN EMERY CELLI BRINCKERHOFF &ABADY LLP ATTORNEYS AT LAW 600 FIFTH AVENUE AT ROCKEFELLER CENTER 10 TH FLOOR NEW YORK, NEW YORK 10020 TELEPHONE (212) 763-5000 FACSIMILE (212) 763-5001 WEB ADDRESS www.ecbalaw.com CHARLES J. OGLETREE,JR. DIANE L. HOUK October 25, 2017 By Hand Michael E. Lane, Chair Tompkins County Legislature Governor Daniel D. Tompkins Building 121 East Court Street, 2nd Floor Ithaca, New York 14850 Re: Karen Baer - Answer to Charges Dear Mr. Lane: This firm represents Karen Baer, the Director of the Tompkins County Office of Human Rights. This is Ms. Baer’s answer to the charges made against her by letter dated October 13, 2017. As set forth below, these charges are utterly without merit, and they arise as part of a politically and racially motivated campaign to silence Ms. Baer in her determination to speak out against racism and sexism in the County. The charges should be promptly dismissed without further delay. I. Statement of Facts a. Ms. Baer’s Track Record of Excellence at OHR Ms. Baer is a graduate of Cornell University and the Syracuse University College of Law, where she served on the Black Law Students Association and the Women’s Law Caucus. From 1997 to 2013, she served as the Executive Director and Fair Housing Assistance Program Director of the Geneva Human Rights Commission. In 2013, she was appointed Director of the Tompkins County Office of Human Rights (OHR). See Ex. 1 (resume). From the outset, Ms. Baer excelled at her job at OHR. Her performance review ranked her as “Outstanding/Highly Effective”—the highest on the performance scale. The review documents that Ms. Baer is a highly competent manager, who elevates her staff while boosting

EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

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Page 1: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

RICHARD D. EMERYANDREW G. CELLI, JR.MATTHEW D. BRINCKERHOFFJONATHAN S. ABADYEARL S. WARDILANN M. MAAZELHAL R. LIEBERMANDANIEL J. KORNSTEINO. ANDREW F. WILSONELIZABETH S. SAYLORDEBRA L. GREENBERGERZOE SALZMANSAM SHAPIROALISON FRICKDAVID LEBOWITZDOUGLAS E. LIEBALANNA KAUFMANJESSICA CLARKEEMMA L. FREEMANDAVID BERMANASHOK CHANDRAN

EMERY CELLI BRINCKERHOFF & ABADY LLP

ATTORNEYS AT LAW 600 FIFTH AVENUE AT ROCKEFELLER CENTER

10TH FLOOR NEW YORK, NEW YORK 10020

TELEPHONE(212) 763-5000

FACSIMILE (212) 763-5001WEB ADDRESS

www.ecbalaw.com

CHARLES J. OGLETREE, JR.DIANE L. HOUK

October 25, 2017

By Hand

Michael E. Lane, ChairTompkins County LegislatureGovernor Daniel D. Tompkins Building121 East Court Street, 2nd FloorIthaca, New York 14850

Re: Karen Baer - Answer to Charges

Dear Mr. Lane:

This firm represents Karen Baer, the Director of the Tompkins County Office of Human Rights. This is Ms. Baer’s answer to the charges made against her by letter dated October 13, 2017. As set forth below, these charges are utterly without merit, and they arise as part of a politically and racially motivated campaign to silence Ms. Baer in her determination to speak out against racism and sexism in the County. The charges should be promptly dismissed without further delay.

I. Statement of Facts

a. Ms. Baer’s Track Record of Excellence at OHR

Ms. Baer is a graduate of Cornell University and the Syracuse University College of Law, where she served on the Black Law Students Association and the Women’s Law Caucus. From 1997 to 2013, she served as the Executive Director and Fair Housing Assistance Program Director of the Geneva Human Rights Commission. In 2013, she was appointed Director of the Tompkins County Office of Human Rights (OHR). See Ex. 1 (resume).

From the outset, Ms. Baer excelled at her job at OHR. Her performance review ranked her as “Outstanding/Highly Effective”—the highest on the performance scale. The review documents that Ms. Baer is a highly competent manager, who elevates her staff while boosting

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productivity and morale. She makes her points well and with substantiation behind them, undertaking quick objective assessments, providing appropriate communication, knowledge in governing laws and regulations, and implementing sound strategies. She is, as the performance evaluation states, a “do-er” and a strong leader who takes a principled approach to the mission of her office and does not shirk from taking on formidable challenges. See Ex. 2 (review).

To the apparent consternation of some County officials who remain antagonistic to the purpose and mission of the Office of Human Rights, Ms. Baer has transformed and revitalized OHR since she became Director in 2013. When she began her tenure, staff had fallen to one professional and one support person, the 15-person Commission had dwindled to five members and had not met for years, and complaints of discrimination had lingered without attention or action. Ms. Baer quickly turned the ship around.

Ms. Baer’s accomplishments during her four years at the helm of OHR are too many to recite here. See Ex. 3 (overview of programs and initiatives). Some examples include:

Ms. Baer discovered that the County had allowed its memorandum of understanding with the New York State Division of Human Rights to lapse, but had continued to exercise jurisdictional powers over local discrimination complaints that it no longer possessed, in a way that misled the public and deprived County residents of their due process rights. Ms. Baer reviewed OHR’s entire caseload, reported her finding to County officials, recommended that all impacted parties be contacted and informed of their rights, developed new protocols for complaint-processing, and retrained OHR staff.

Ms. Baer uncovered evidence that the County had paid private contractors for an OHR website that did not exist. (When she reported the situation to County Administration,she was told to ignore the issue as there was “[n]o need to continue down Memory Lane.”)

Ms. Baer wrote and proposed a comprehensive local civil rights law that would broaden protections and enforcement powers not currently existing in the County’s Anti-Discrimination Law.

Earlier this year, Ms. Baer and her team drafted a local Fair Chance (Ban-the-Box) law and a Source of Income law that would provide protections for tenants who are discriminated against because they use Housing Choice Vouchers (Section 8).

Ms. Baer developed a Pre-Complaint Conciliation Program.

Ms. Baer broadened OHR’s education and outreach offerings, continuing longstanding programs such as the Annual Human Rights Arts Competition for K-12 students, but also adding new programs, including: “What Would MLK Say Today?” Poster Contest for adults; “Human Rights Day 4Kidz” Program; and “Who Wants to be a Fair Housing Champion?” Game Show, an interactive training module for tenants, landlords, realtors, and service providers. In addition, OHR provided specialized workshops for County departments relating to the County’s Language Assistance Plan (LEP/LAP), Service

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Animal Policy Guidelines for Mental Health Workers, and LGBTQ+ training programs.

Ms. Baer created a SafeSpace Policy Toolkit for Law Enforcement and Corrections Agencies, designed to assist in drafting sound and inclusive policies that protect LGBTQindividuals in custody and in the workplace.

Upcoming events planned by Ms. Baer and her staff include the Freedom from Domestic Violence Workgroup Film Screening Event, the Cornell University Humphrey Fellows Panel Discussion, and trainings for the Ithaca City Police Department and the Tompkins County Department of Health.

In sum, Ms. Baer’s contributions to the Office of Human Rights and to protecting the human rights of Tompkins County residents cannot be overstated.

b. Ms. Baer Fights Back Against Racial Discrimination, Hostile Work Environment, and Retaliation Against Her and Other Employees of Color

Ms. Baer has also been an outspoken critic of the discrimination and hostile work environment that she and other persons of color have experienced working for the County. In response to those efforts, Ms. Baer has been subjected to a campaign of retaliation by County officials, of which these trumped-up charges are, we believe, but the latest example.

Starting in March 2015, there was a conflict within the Human Rights Commission between its white Chairperson (a former County Legislator) and the Commissioners of color who made up the majority of the Board. The conflict was infused with racial tension and implications. The County Administrator pressured Ms. Baer to support the white Chairperson’s bid to stay in power, notwithstanding the black Commissioners’ loss of confidence in her leadership. Ms. Baer expressed her discomfort to the Administrator about his strategy. Ms. Baer delicately tried to explain to the Administrator the racial implications of such a strategy and that it would send the message that black Commissioners should not stand up to a white Chairperson.Whenever Ms. Baer articulated the concerns of the Commissioners of color in discussions with the Administrator, he routinely rolled his eyes and had to be reminded of their names. As a result, Ms. Baer encouraged the Administrator to meet himself with the Commissioners of color to hear their concerns. He did not. On August 7, 2015, the Chairperson resigned to avoid a formal vote of no confidence. A week later, a meeting took place between County officials and the Commissioners of color. The meeting was fraught with hostility toward the Commissioners of color. County officials reprimanded and belittled the Commissioners of color for their actions and called into question whether they were capable of drafting their own no confidence resolution. After the meeting, County officials leaked confidential Commission documents and personnel records to the press, made negative statements to the press that besmirched Ms. Baer and the Commissioners of color, and stymied future Board appointments to the Human Rights Commission. The Administrator and his allies have continued to retaliate against Ms. Baer ever since.

This letter provides some examples of the retaliation, discrimination, and hostile work environment Ms. Baer has experienced and witnessed in the last two years.

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In August 2015, Ms. Baer sought to fill two vacancies at OHR. The Administrator refused to allow that and retroactively applied a hiring freeze that went into effect almost one month after the hiring approval forms had been submitted.

In an August 2015 meeting, the Administrator quashed OHR’s proposal for a comprehensive anti-discrimination local law, which he had previously said he would consider. Ms. Baer was told to stop discussing the law in public and to provide the names of persons she had already discussed it with.

In November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator, Mr. Mareane,was in charge, there would be no comprehensive local anti-discrimination law and that she, personally, would not enjoy any further opportunities in the County.

The Administrator and other Legislators then stopped attending OHR events and programs.

One Legislator confirmed the presence of racial hostilities in the County and who the major promoters of those hostilities were, but refused to come to Ms. Baer’s aid.

In a public meeting, Ms. Baer was stripped of her authority to negotiate a new memorandum of understanding with the State Department of Human Rights (despite her white, male counterparts being given authority to negotiate similar agreements). By this time, negotiations had already come to a standstill after at least one Legislator told the State that all communications be directed to the Administrator, and not to Ms. Baer.

Ms. Baer was excluded from various human rights-related committees, while the only male department head in her cabinet was routinely placed on important County committees and working groups related to her areas of expertise. Ms. Baer is also the only department head in her cabinet who has not been invited to serve on a hiring search committee.

The Administrator stopped meeting with Ms. Baer individually and even cancelled her annual budget meeting.

Ms. Baer’s staff—all persons of color—have also been discriminated and retaliated against. For example, the Administrator said in a department head meeting that OHR staff were not “professional enough” to provide department training; an OHR Paralegal Aide was denied County leadership training; an OHR Education and Outreach Coordinator’s application to facilitate the County’s Reading and Discussion Group program was rejected; and Civil Service testing for OHR staff was inordinately delayed for three years and still pending.

The County then launched an initiative to formally downgrade the Director of Human

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Rights civil service status for the purpose of eliminating certain protections.

In 2016, the Legislature considered a proposal to eliminate the OHR.

In November 2015, Ms. Baer wrote a memo to the Legislature expressing her concern that she was being retaliated against because of her failure to support the white Chairperson against the black Commissioners. Ms. Baer requested that the Legislature work with her to undertake a conciliation effort designed to educate, heal, and move forward.

Instead, the Legislature hired a private lawyer, who proceeded to investigate Ms. Baer, criticize her failure to support the white Chairperson in the conflict with the black Commissioners, and write a 150-page report that either distorted or ignored altogether Ms. Baer’s good faith concerns about the racial discrimination and hostile work environment she and other persons of color were experiencing. The process was obviously biased and unfair; for example, (1) the Administrator was present in executive sessions of the Legislature when Ms. Baer’s complaints about his remarks were discussed and (2) the former white Chairperson was permitted to present and contact her own witnesses.

Unsurprisingly, the campaign of retaliation, hostile work environment, and discrimination continued unabated.

Ms. Baer was not the only one who noticed the way employees of color were treated within the County workforce. In the spring of 2016, the County’s Workplace Climate Survey Initiative found that African-Americans are ranked among the most dissatisfied employees working for the County; and in post-survey focus groups (which Ms. Baer was not invited to participate in) the dominant theme expressed was:

Diversity and Inclusion needs more attention. Unequal treatment in the workplace, ongoing occurrences of micro-aggressions, and the concern that County leadership is not taking the necessary measures to protect employees from disparate conduct and retaliation for complaining about it were the dominant themes across the groups when discussing diversity and inclusion. Many believe that ‘if you stand up for diversity or for your rights you will be shut down,’ which could take the form of not being promoted, being silenced in some way, or being shunned by your colleagues.

See Ex. 4 at 2 (emphasis added).

In the summer of 2016, Ms. Baer again reported to the Legislature her ongoing concernsabout continued racial discrimination, hostile work environment, and retaliation, including that she and her staff were being excluded from County committees and conversations related to their areas of expertise and the general lack of professional opportunities being provided to them. Sheagain suggested that a conciliation process was needed so that the racial implications of certain comments and actions could be explained to the County officials engaged in them and so that the

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people of color in her office could be treated with respect.

But instead the Legislature hired another private lawyer and tasked him with investigating and discrediting Ms. Baer’s allegations, rather than trying to respond to them in good faith. Cognizant of how the initial investigation was “turned around” on her, Ms. Baerappropriately requested on multiple occasions that the outside lawyer provide her with an explanation of the process he was following, hoping to be reassured that this was a legitimate and impartial investigation. All of her requests for such information went unanswered.

.In July 2017, the outside lawyer issued yet another lengthy report, criticizing Ms. Baer,

faulting her for not meeting with him (despite his refusal to respond to her requests about the process), and belittling her concerns about race discrimination and retaliation. Without any evidence whatsoever, the report concluded that Ms. Baer “created a dysfunctional environment” and “completely delegitimized the work of the OHR,” and, as a result, “the OHR can no longer carry out its functions and the Director can no longer carry out her duties.”

On September 26, 2017, Ms. Baer authored an Op Ed in The Ithaca Voice, in which she explained her view that “OHR has struggled to get support for its bringing human rights home initiatives from County officials. At every turn, we have been met with strong resistance . . .” and documented some of the comments made by County officials that criticized OHR’s work on behalf of “those people.” See Ex. 5 (emphasis added).

Just days later, Ms. Baer was escorted without any notice from her office, placed on an unpaid leave of absence, and presented with the charges to which this letter responds.

II. Response to the Charges

By letter dated October 13, 2017, Ms. Baer was accused of the following three baselessand retaliatory charges.

Charge 1: Failure to Fulfill Duties

Notwithstanding Ms. Baer’s excellent performance review and undeniable track record of accomplishments during her four years as Director, this charge faults Ms. Baer for three specific instances of allegedly failing to perform her job duties.

Specification 1: the charge alleges that Ms. Baer refused to participate in the Legislature’s private lawyer’s so-called “investigation” into her own complaint of retaliation.This accusation ignores completely: Ms. Baer’s repeated requests for information about what the process would be and how her rights would be protected; the fact that none of these requests were ever responded to; and the fact that Ms. Baer’s prior report of discrimination was subjected to a similar “investigation” designed to fault Ms. Baer, deride her concerns about racism, and ratify the status quo, leaving Ms. Baer and her fellow employees of color to face additional discrimination and retaliation without protection. Ms. Baer is now being faulted for failing to meet with the Legislature’s lawyer, even though she told him she stood ready to meet with him so long as he gave her the information she needed to do so—which he never did.

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Specification 2: the charge alleges that Ms. Baer improperly resigned from the County’sWorkforce Diversity and Inclusion Committee (WDIC). This charge ignores that Ms. Baer was never assigned to sit on the WDIC; she volunteered to sit on the WDIC. Participating on the WDIC is not a required job duty in her job description and her office does not report to WDIC or its chair. See Ex. 6 (job description). Ms. Baer resigned from the WDIC after years of frustration with the committee’s lack of impact, after the WDIC Chair took credit for work OHR staff had done, and after the Chair helped expose OHR staff to a hostile work environment based on sexual orientation.

Specification 3: the charge alleges that Ms. Baer improperly stepped down from the County’s Compliance Committee in 2015. This charge involves conduct more than two years in the past and therefore violates the statute of limitations set forth in Civil Service Law section 75, which provides: “no removal or disciplinary proceeding shall be commenced more than eighteen months after the occurrence of the alleged incompetency or misconduct complained of and described in the charges or, in the case of a state employee who is designated managerial or confidential under article fourteen of this chapter, more than one year after the occurrence of the alleged incompetency or misconduct complained of and described in the charges.” N.Y. Civ. Serv. Law § 75(4). In addition, Ms. Baer voluntarily agreed to sit on the Compliance Committee. She was not requested or directed to be a member. The obligation to sit on this Committee is not part of her job description. See Ex. 6. She resigned from the Committee when her staff had been decreased by 50% (due to the Administrator’s refusal to fill OHR staff vacancies) in order to ensure she had sufficient time to meet her actual job responsibilities.Nevertheless, Ms. Baer continued to engage OHR in enforcement and outreach activities related to compliance. For example, at the beginning of her tenure she drafted the County’s LEP/LAP plan, brought the County into compliance with the law, and continued to provide regularworkshops for County (and City) departments on how to provide language assistance to persons with limited English proficiencies.

Charge 2: Insubordination

This charge goes so far as to characterize as “insubordinate” Ms. Baer’s reporting of discrimination and her reasonable requests that the lawyer the County hired explain his process to her and protect her from further retaliation. Just like the first charge, of which this is largely a cut-and-paste, this accusation ignores completely Ms. Baer’s repeated requests for information about what the process would be and how her rights would be protected; the fact that none of these requests were ever responded to; and the fact that Ms. Baer’s prior report of discrimination was subjected to an “investigation” designed to fault Ms. Baer, deride her concerns about racism, and ratify the status quo leaving Ms. Baer and her fellow employees of color to face additional discrimination and retaliation without protection.

Charge 3: A “Dysfunctional Environment”

Without any evidence or explanation, this charge repeats the County’s outside lawyer’s baseless assertion that Ms. Baer has created a “dysfunctional environment” at OHR. Tellingly, not a single example is provided of the alleged “dysfunctional environment” that, this charge

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Exhibit 1

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EDUCATION USDA NATIONAL FAIR HOUSING TRAINING ACADEMY Washington, D.C. 20059 TITLE VIII COMPLAINT PROCESSING (5-WEEK MODULE)

Coursework: Fair Housing Law and Ethics; Critical Thinking and Investigations; Clear Writing Through Critical Thinking; The Psychological Impact of Racial Discrimination; Reasonable Accommodations and Modifications; Discovery Techniques and Evidence; Theories of Proof and Data Analysis; Negotiation Skills and Interviewing Technique; Standards for Testing Cases; Briefing Techniques; and Fair Housing Investigation Review.

SYRACUSE UNIVERSITY COLLEGE OF LAW Syracuse, New York 13244

Degree: Juris Doctor, May 1995. Law Journal: Senior Notes & Comments Editor, Syracuse Journal of International Law & Commerce. Published Note: "A Theory of Intellectual Property Rights and the Biodiversity Treaty," 21 SYRACUSE J.

INT'L L. & COM. 259 (Spring, 1995). Honors: Andrews Full-Tuition Scholarship; L.F.E. Goldie International Publication Award;

Criminal Law Award; Jurisprudence of Human Rights Award; Journal Service Award; Dean's List.

Activities: Black Law Student Association; Women's Law Caucus. OXFORD UNIVERSITY Oxford, England OX1 3PU

Attended: Comparative Legal Studies (9 credit hours), Summer 1993. CORNELL UNIVERSITY Ithaca, New York 14853

Degree: Bachelor of Science, January 1989. Major: Social Perspectives of Housing (Individual Curriculum).

Honors: Cornell Tradition Student Advisory Council Appointee; Henry B. Stark Fellowship; Cornell Tradition Academic Year Fellowships; Laura H. Causer Scholarship; American Agriculturist Foundation Scholarship.

Activities: Cornell Black Alumni Association; Mature Students Association. FINGER LAKES COMMUNITY COLLEGE Canandaigua, New York 14424

EMPLOYMENT TOMPKINS COUNTY OFFICE OF HUMAN RIGHTS (OHR) • ITHACA, NEW YORK September 2013 – Present Director of Human Rights (Full-Time)

The Director of Human Rights reports directly to the County Administrator and is responsible for services and activities offered through the County’s Office of Human Rights. Exercises a leadership role in (1) the design, implementation, and assessment of human rights programming and (2) the building of collaborations and partnerships with local, state, and federal human rights agencies and stakeholders. Handles all inquiries from employers, employees, landlords, tenants, and organizations regarding interpretation of Human Rights Law or other issues related to the civil rights of Tompkins County residents. Oversees complaint intake processes for the purpose of pre-complaint conciliation or referrals to other state and federal agencies when appropriate. Responsible for compliance reviews and enforcement of anti-discrimination laws arising under all Titles of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), Rehabilitation Act of 1973, etc. Assists in the promotion of County initiatives related to its 2015 Climate Survey, affirmative action plan, and diversity and inclusion efforts. Drafted the County’s Limited English Proficiency (LEP) Plan and has currently proposed a re-draft of the Tompkins County Anti-Discrimination Law which includes new protections for Ban-the-Box, Source of Income, and Bullying in public schools. Provides OHR’s strategic planning framework, supervision, and direction for a professional staff of four employees — the most diverse department of the County.

GENEVA HUMAN RIGHTS COMMISSION (GHRC) • GENEVA, NEW YORK March 1997 - September 2013 Executive Director (Full-Time) Fair Housing Assistance Program (FHAP) Director

Designed, implemented, and assessed effective human rights programs for the purpose of promoting mutual respect and understanding among all racial, religious and ethnic groups in the community. Responsible for enforcing state and federal civil rights laws in the areas of employment, housing, lending, public accommodation, education, and volunteer fire departments. Administered all aspects related to the enforcement of Geneva's Fair Housing Law on behalf of the City of Geneva and the U.S. Department of Housing and Urban Development (HUD).

KAREN W. BAER, J.D.

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PROFESSIONAL ACTIVITIES March 1997 - Present TRAININGS: The Dorothy Cotton Institute Human Rights Education Training (January 2014); GHRC Fair Housing

Roundtable Discussion with invited guest John D. Trasviña, Assistant Secretary of Fair Housing and Equal Opportunity at the U.S. Dept. of HUD (February 2013); HUD-facilitated training on Reasonable Accommodation/Modification (January 2013); HUD’s LGBT Summit, NYC (2012); U.S. Dept. of Justice Community Dialogues on Race Facilitator Training (2012); HUD's Civil Rights Roundtable, NYC (2010); HUD's National Fair Housing Policy Conferences (2002-2010); Legal Assistance of Western New York Annual State of Fair Housing Conferences (2005-2008); TEAPOTS Certificate of Training; HUD FHEO-Region II (2005); Mediation Training Certification from Center for Dispute Settlement (1997).

ASSOCIATIONS: Tompkins County Workforce Diversity and Inclusion Committee; President Elizabeth Garrett’s Local

Leaders of Color Community Dialog Group; Tompkins County Compliance Committee; Tompkins County Health and Human Services Cabinet; Tompkins County Diversity Consortium Affiliate Member; Geneva Diverse-City Committee; Race Storytelling Committee; Geneva Tenant/Landlord Task Force; Rural Migrant Ministries Advisory Committee; Finger Lakes Housing Consortium Board; City of Geneva’s New Horizons Task Force; City of Geneva’s Workforce Diversity Task Force; MLK Scholarship Committee; Community Agencies and Schools Together; Hobart and William Smith Colleges Diversity, Equity, and Social Justice Subcommittee; New York State Division of Human Rights Advisory Council; Geneva’s Mayoral Social Justice Task Force; New York State Association of Local Human Rights Commissions.

HONORS: Geneva Area Chamber of Commerce Athena Award Nomination (2007); Geneva Chapter NAACP

MaryAnn Mallard Community Service Award (2006); Geneva’s MLK, Jr. Scholarship Committee Community Service Award (2005); Geneva Chapter NAACP Brown v. Board of Education Award (2004); Geneva Chapter NAACP Image Award (2001).

OUTREACH/PUBLIC POLICY/LEADERSHIP INITIATIVES March 1997 - Present OUTREACH: For nearly twenty years, I have provided training and outreach opportunities to a variety of stakeholder

groups — including employers, labor unions, tenant groups, landlord associations, public and elected officials, housing and social service agencies, public schools and college faculty/administrators, Rotary Clubs, League of Women Voters, student leadership groups, and numerous private clubs and institutions. Training and public presentations include: OHR’s annual K-12 Human Rights Arts Competition; “What Would MLK Say Today?” Poster Contest; “Who Wants To Be A Fair Housing Champion?” Game Show for realtors, landlords and service providers; “Reasonable Accommodations in the Workplace and Housing;” landlord/tenant rights and responsibilities trainings; “How to Affirmatively Further Fair Housing (AFFH);” “Understanding Section 504 of the Rehabilitation Act;” “Guidelines to HUD's New LGBT Equal Access Rule;” annual Human Rights Day 4Kidz Program; “Drafting a Sexual Harassment Policy;” including other requested topics.

PUBLIC POLICY: In addition to consulting with the County Administrator, legislators, and department heads about matters

related to civil rights, equal opportunity, and compliance — I have advised, drafted and issued public reports on the following: City of Ithaca 2015 Analysis of Impediments to Fair Housing Choice (HUD-mandated study); Tompkins County Limited English Proficiency Program; Title VI Compliance update; Section 504/ADA Compliance reviews; group home placement advisory opinions; homeownership program assessments; AFFH-compliance briefs; housing segregation studies; and the status of diversity and inclusion on County/City boards and commissions.

KAREN W. BAER, J.D. CV/Resume, p. 2 of 3

EMPLOYMENT FAIR HOUSING COUNCIL OF CENTRAL NEW YORK, INC. • SYRACUSE, NY March 2013 – July 2013 (Con’t) Director of Enforcement (Part-Time)

Investigated and resolved housing discrimination complaints based on federal, state, and local enforcement measures. Conciliated potential fair housing complaints between landlords and tenants, including negotiating requests for reasonable accommodation. Performed assorted intake duties, case review assessments, and referrals. Helped coordinate and evaluate the agency’s fair housing testing program. Provided contracted services for local municipalities in their efforts to comply with the federal mandate to Affirmatively Further Fair Housing.

SPECIAL PROJECT ASSISTANT, CORNELL UNIVERSITY • ITHACA, NY August 1990 - June 1992 Cornell Tradition Fellowship Program, Day Hall Administration

ADMINISTRATIVE ASSISTANT, CORNELL UNIVERSITY • ITHACA, NY March 1989 - August 1990 Office of the Associate Dean, College of Engineering

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KAREN W. BAER, J.D. CV/Resume, p. 3 of 3

LEADERSHIP Keynote Address, “Stepping Out of the Shadows: An Embracing of New Leaders, New Voices,” given at INITIATIVES: Community Foundation of Tompkins County Eleventh Annual Women’s Fund Luncheon on 10 March 2015.

Affirmatively Furthering Fair Housing (AFFH) Partnership Project. In partnership with Hobart and William Smith Colleges (HWS), I developed and directed all aspects of this AFFH Project, funded by a HUD Partnership Grant in 2012. The project was a partnership between GHRC and the HWS Department of Anthropology and Sociology. Project tasks included the collection and analysis of local and regional data related to high-priority fair housing choice issues — including racial segregation, local supplies of accessible housing, foreclosure rates among veterans and disabled populations, collection and analysis of local HMDA and CRA data, AFFH compliance measures for recipients of federal funds, rates of homelessness, etc. The ultimate goal of the project was to create an AFFH Resource and Research Center for recipients of federal funding in the region.

Geneva Community Compact (GC2) Initiative. In May 2011, a tragic shooting death of an unarmed

black man in the back of the head by a City police officer took place in Geneva — resulting in widespread racial and ethnic unrest. In the aftermath of the tragedy, the U.S. Department of Justice conciliated an agreement (September 2011) involving the City of Geneva, the GHRC, the Geneva Police Department, and African-American stakeholders in the community. As a signatory to the GC2, I was responsible for the development and implementation of the following education/outreach programs focused on race, healing, and mutual understanding: 1) Community Dialogues on Race, 2) Race Storytelling Project, 3) Youth and Policing Initiative, 4) Voter Education Project, 5) Diverse-City Committee, and 6) Geneva Good to Great Events Committee. These GC2 initiatives required that I train and supervise over 75 program-related facilitators, volunteers, and participants — many of whom were government officials, college faculty and administrators, college students, community leaders, and other local social justice stakeholders.

Special Civil Rights Enforcement (Title VIII). In 1999, I drafted the Geneva Fair Housing Local Law. By

2001, Geneva City Council promulgated it as its first and only civil rights legislation in the City of Geneva to date. Protected status groups included: race, color, national origin, religion, sex, disability, familial status, marital status, age, military status, and sexual orientation. In 2005, HUD certified the local law as being substantially equivalent to the federal Fair Housing Act (Title VIII), making the GHRC the first and only city Fair Housing Assistance Program (FHAP) in the State of New York and one of only four FHAPs statewide. In the aftermath of certification, the GHRC was able to secure over $550,000 in funding from HUD for fair housing enforcement efforts in the City.

REFERENCES Available Upon Request

Page 13: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

Exhibit 2

Page 14: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 15: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 16: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 17: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 18: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 19: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 20: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 21: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

Exhibit 3

Page 22: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 23: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 24: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 25: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 26: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 27: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 28: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 29: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 30: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 31: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 32: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

Exhibit 4

Page 33: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 34: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 35: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

Exhibit 5

Page 36: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 37: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 38: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 39: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 40: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 41: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 42: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 43: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,
Page 44: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

Exhibit 6

Page 45: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

Director of Human RightsTompkins County

Department: Human Rights DepartmentClassification:CompetitiveLabor Grade: R (88)Approved: 12/20/88 Bd. Res. #384Revised: 2/90; 6/91; 6/99; 01/06; 06/10; 3/13By: HH, Commissioner of Personnel

MINIMUM QUALIFICATIONS:

(a) Law degree and three (3) years of legal experience in Human/Civil Rights practices, equal employment opportunity programs,or labor and employment law; OR

(b) Masters degree in social science, human services, business administration, public administration, public policy, sociology,political science or a related field AND three (3) years administrative experience in human rights, civil rights, affirmative action,EEO, dispute resolution, or other programs serving community needs; OR

(c) Bachelor's degree in social science, human services, business administration, public administration, public policy, sociology,political science or a related field AND five (5) years administrative experience in human rights, civil rights, affirmative action,EEO, dispute resolution, or other programs serving community needs; OR

(d) Any combination of training and experience equal to or greater than that defined in (a), (b) or (c) above.

SPECIAL REQUIREMENT:

This position is considered to be a public officer. Pursuant to Article 3 of the NYS Public Officers law, theholder of this position must be a United States citizen and a resident of Tompkins County.

DISTINGUISHING FEATURES OF THE CLASS:

This is a managerial position that reports directly to the County Administrator and is responsible for directing the services andactivities offered through the County’s Human Rights Commission. The incumbent will handle all inquiries from employers,employees, landlords, tenants, individuals and organizations regarding interpretation of the Human Rights Law or other problemsinvolving the rights of individuals. He or she will investigate complaints and allegations in an attempt to conciliate problems on alocal level, and refer cases to other organizations where deemed appropriate. The incumbent is responsible for the administrationand enforcement of anti-discrimination laws, affirmative action, equal opportunity and compliance programs, policies andregulations and for coordinating the functions of the Human Rights Commission and for carrying out the policies of the CountyLegislature. The position operates under the general direction of the County Administrator with wide latitude allowed in theadministration of the overall program. Supervision is exercised over the staff of the Human Rights Commission. The incumbentwill perform all related duties as required.

TYPICAL WORK ACTIVITIES:

Researches and interprets human and civil rights laws, equal employment opportunity (EEO)and contract compliance rules, policies and regulations;Establishes and directs procedures for the enforcement, receipt, processing of discrimination and equalemployment opportunity complaints;Monitors progress of investigations and makes recommendations to resolve discrimination or harassmentcomplaints through alternative dispute resolution, conciliation, hearings, compliance reviews and/or correctiveaction agreements;Reviews, analyses and evaluates investigative reports to determine if a case is supported by sufficient evidenceand jurisdiction;Directs the preparation and administration of the department’s annual budget;Assist with the maintenance of information systems to collect and disseminate management information oncompliance and enforcement activities;Serves as advisor to the Commission;

Page 46: EMERY CELLI BRINCKERHOFF &ABADY LLPxIn November 2015, a Legislator, who was also Chair of the Health and Human Service Sub-Committee, told Ms. Baer that as long as the current Administrator,

Conducts specialized training on complex civil rights issues, supervises the development of outreach programs,including informational materials;Conducts and/or supervises investigations staff preparation of investigative strategic plans, interrogatories, fact-findingconferences, on-site investigations, and in analyzing statistical and factual data;Provides technical advice and guidance to agency officials and employees on the EEO process and complianceprograms;Devise and implement results-oriented advocacy strategies in support of special emphasis programs, workforcediversity objectives and goals in the execution of the County’s EEO programs;In collaboration with the County Administrator and Commissioner of Personnel facilitates the administrationsof the EEO programs and supporting activities, which includes conducting workforce and barrieranalyses to develop target recruitment strategies; andIn collaboration with the County Administrator and Commissioner of Personnel, assist with internal audit of county policies,practices and procedures to identify possible EEO violations,analyze employment data, compile and assist in preparing requiredstatistical reports.

KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS:

Thorough knowledge of local, state, and federal laws, regulations, and policies related to human/civil rights and equalemployment opportunity programs;Thorough knowledge of investigative and analytical techniques, procedures and requirements for thepreparation and processing of cases of alleged discrimination;Thorough knowledge of the organizational structure of the county workforce, administrative and personnelpractices that have an impact on affirmative employment and equal opportunity goals;Good knowledge of laws pertaining to labor relations, contract compliance, alternative dispute resolution, anddisability law;Good knowledge of dispute resolution and conciliation strategies and techniques;Good knowledge of management principles and practices involved in strategic planning, human resourcesmodeling, and leadership techniques;Good knowledge of municipal accounting principles and techniques of budget preparation;Working knowledge of civil service laws and practices for targeted recruitment, selection, training andplacement, labor relations, grievances and negotiations;Ability to conduct barrier analysis, data collection, and evaluate workforce policies and procedures, recommendappropriate actions and methods to address systemic barriers to personnel practitioners, managers, andofficials;Ability to research, comprehend, analyze pertinent data and interpret civil/human rights laws and EEOregulations and supervise their application to specific situations and draw appropriate conclusions;Ability to communicate clearly and effectively, both orally and in writing to prepare, present, and supportreports to officials and the public;Ability to develop and implement policies and procedures;Ability to establish and maintain good interpersonal working relationships with the public and governmentalofficial;Ability to assign and supervise the work of professional staff involved in the enforcement of human/civil rightsstatutes and equal opportunity regulations;Integrity, resourcefulness, sound professional judgment, and physical condition commensurate with thedemands of the position.

Originally created 12/20/1988

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