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A Guide for Church Trustees
IV. Governmental Agencies
As the owner and operator of the congregation plant, there are innumerable statutes and regulations with which you must comply. This section attempts to outline some of the more common areas of concern and pitfalls which might be anticipated.
As an organizational tool, we have set forth the five (5) governmental agencies which represent the majority of contacts which confront the congregations. They are:
• The Environmental Control Board
• The New York State Human Rights Commission
• The Equal Employment Opportunity Commission
• The New York City Human Rights Commission
• New York City Department of Health
The Environmental Control Board
This is an agency of New York City that hears and determines violations given by the following departments:
• New York City Fire Department
• New York City Buildings Department.
• New York City Sanitation Department.
• New York City Department of Environmental Protection.
The New York City Fire Department – The most common violations issued by the Fire Department include a failure to have a public assembly permit, failure to have an emergency exit, failure to have flame proof curtains. Fines in this area can be as high as $2,500 or more.
The New York City Buildings Department – The most common violations issued by the Buildings Department include failure to have a certificate of occupancy for a building, failure to have a certificate of operation for an elevator and failure to have a work permit for any work being done to a building or sidewalk. The fines can be as high as $2,500 or more.
The New York City Sanitation Department – Violations issued by this Department are for trash, garbage and other debris which accumulate in front of or on congregation owned property and sidewalks adjoining congregation property. The maximum penalty for fines issued by the Sanitation Department is $250.
The New York City Department of Environmental Protection – Violations issued by this Department are generally for the failure to have a certificate of operation and/or inspection for a boiler or hot water heater. The maximum penalty for these violations are dependent on the size of the boiler or hot water heater, and can be as high as $1,800 or more.
Upon receipt of any of the above violations you should contact your Congregation's Attorney or legal advisor immediately and mail copies of the violations to your Congregation's Attorney or legal advisor. The violations issued by the Fire Department and Buildings Department will generally list two dates. The first date is a compliance date. The second date is a hearing date.
The compliance date allows the congregation to submit
whatever documentation is required in order to cure the violation. If
the violation is not marked cured by the complaint date, then an appearance
is required before the ECB.
Contact your Congregation's Attorney or legal advisor for assistance with
appearances on behalf of the congregation and in obtaining the documentation
necessary in order to cure the violation.
The New York State Human Rights Commission
This is an agency of New York State. It handles various
civil rights claims, including various types of discrimination.
A congregation will generally become involved with this agency as a result
of a claim filed with the agency by a congregation employee, (i.e. teacher,
principal, custodian). Upon receipt of such a claim a copy should be sent
to your Congregation's Attorney or legal advisor immediately. The claim
will generally have a due date within which a response must be given.
Equal Employment Opportunity Commission
This is an agency of the U.S. federal government. It also handles various civil rights claims, including various types of discrimination suits. Upon receipt of such a claim a copy should be sent to your Congregation's Attorney or legal advisor immediately. The claim will generally have a due date within which a response must be given.
The New York City Human Rights Commission
This is an agency of New York City. It also handles various civil rights claims including discrimination. Upon receipt of such a claim from a copy should be sent to your Congregation's Attorney or legal advisor immediately. The claim will generally have a due date within which a response must be given.
New York City Department of Health
This agency is responsible for monitoring Health Laws passed by NYC. The most common violation issued is one for smoking in a non-smoking area (i.e. school) or a congregation's failure to have no smoking sign present in a designated non-smoking area. Upon receipt of a violation, your Congregation's Attorney or legal advisor should be contacted immediately. The violation will contain a date for a hearing before an Administrative Law Judge.