Land Bank policies

Land Bank Policies

Policies of the Rochester Land Bank

By Laws of the Rochester Land Bank Corporation · 8·29·2013 as amended 8·21·2014 and 5·19·2022 1

BY-LAWS

of the

ROCHESTER LAND BANK CORPORATION

ARTICLE I – THE CORPORATION

Section 1. Name. The name of the Corporation shall be as provided in its Certificate of Incorporation and is currently the Rochester Land Bank Corporation.

Section 2. Office. The office of the Corporation shall be located at 30 Church Street, Rochester, New York or such other address as the Corporation may designate from time to time by resolution.

Section 3. Purpose. The Purposes of the Corporation shall be set forth in the Certificate of Incorporation. The Corporation shall have all of the powers and shall be subject to all of the duties provided by the Land Bank Act (Article 16 of the New York Not-for-Profit Corporation Law).

Section 4. Dissolution. The Corporation may be dissolved in accordance with the New York State Land Bank Act as provided for in Section 1613 of the NYS Not-For-Profit Corporation Law. Upon dissolution, all real property, personal property and other assets of the Corporation shall become the assets of the City of Rochester.

ARTICLE II – THE BOARD

Section 1. Powers of the Board. The Corporation shall be overseen and governed by its Board of Directors. The Board shall have all of the powers conferred in the Land Bank Act and any other law that is applicable to the Corporation.

Section 2. Board Composition. There shall be seven (7) members of the Board of Directors, five (5) ex officio members, and two (2) appointed members to serve a three year terms. The directors of the Board shall be as follows:

A) Ex Officio Members, officers and appointees of the City of Rochester:

1) City Treasurer

2) Director of Development Services

3) Manager of Housing

4) Director of Inspection and Compliance Services

5) Chief of Staff, City Council

Ex officio members shall be the titles listed above or the successor who adopts the responsibilities of those titles.

B) Appointed Members to serve three-year terms:

1) Appointee of the Mayor of the City of Rochester

2) Appointee of the Council President of the City Council of the City of Rochester

Section 3. Initial Members. The initial members of the Board of Directors shall be:

A) Ex Officio Members

1) City Treasurer Charles Benincasa

2) Director of Development Services Bret Garwood

3) Manager of Housing Carol Wheeler

4) Director of Inspection & Compliance Services Gary Kirkmire

5) Chief of Staff, City Council Andrea Guzzetta

B) Appointed Members to serve three-year terms:

1) Mayor’s appointee George Parker, Esq.

2) Council President’s appointee Dana Miller

Section 4. Public Officers and Municipal Employees as Directors. Any public officer shall be eligible to serve as a board member and the acceptance of the appointment shall neither terminate nor impair such public office. Any municipal employee or appointed officer shall be eligible to serve as a board member.

Section 5. Compensation. Directors shall serve without compensation but may be reimbursed for expenses reasonably incurred by them in the performance of their duties.

Section 6. Removal. The Board shall establish rules and requirements relative to the attendance and participation of members in its meetings. Should any director fail to comply with such rules and regulations, such director may be disqualified and removed from office by no less than a majority vote of the remaining directors of the board.

Section 7. Vacancies. A vacancy on the Board shall be filled in the same manner as the original appointment.

Section 8. Quorum. A majority of the entire Board shall constitute a quorum for the transaction of business.

Section 9. Action by the Board. Except as otherwise expressly provided by these By- Laws in respect to the appointment of Directors, a majority of the Members must be present in person to constitute a quorum for the transaction of any business. Except as otherwise provided by law or in these By-Laws, the act of the Board means action taken at a meeting of the Board by a vote of a majority of the Members present at the time of the vote in person or by written consent if a quorum is present at such time, except as provided in Section 1605 (i) of the Not-for Profit Corporation Law. Action may be taken by the Members without a meeting on written consent, setting forth the action so taken, signed by all of the members entitled to vote thereon. Each such consent shall be filed with the minutes of the Corporation.

Section 10,. Meetings. The Board shall meet in regular session according to a schedule adopted by the board and also shall meet in special session as convened by the chair or upon written notice to all board members.

Section 11. Majority of Board Membership Required for Action. No action of the Board shall be authorized on the following matters unless approved by a majority of the total Board membership:

(1) Adoption of by-laws and other rules and regulations for conduct of the Corporation’s business;

(2) Hiring or firing of any employee or contractor of the Corporation. This function may, by majority vote of the total Board membership, be delegated to a specified officer or committee of the Corporation, under such terms and conditions, and to the extent, that the Board may specify;

(3) The incurring of debt;

(4) Adoption or amendment of the annual budget; and

(5) Acquisition, sale, lease, encumbrance, or alienation of real property, improvements, or personal property.

Section 12. Participation. Participation shall be in accordance with Public Officers Law.

Section 13. Compliance with Open Meetings Law and Freedom of Information Law. The Board and the Corporation shall comply with the provisions of the New York Open Meetings Law and the New York Freedom of Information Law.

Section 14. Review of Policies. The Board shall review all of its adopted policies regularly and no less frequently than every twelve (12) months. Upon completing the review for each policy, the Board shall adopt a resolution that either approves the policy as is, adopts the policy with amendments, or revokes the policy.

ARTICLE III – OFFICERS AND STAFF

Section 1. Officers. The board of directors shall select annually from among themselves a chair, a vice-chair, a secretary and such other officers as the Board may determine, and shall establish their duties as may be regulated by the Board.

Section 2. Executive Director. The Executive Director of the Corporation shall be the Director of Real Estate of the City of Rochester.

Section 3. Staff. The board shall have the power to organize and reorganize the executive, administrative and clerical staff, and to set the compensation of all employees, agents, and consultants of the Corporation. The personnel functions of the Corporation may, by majority vote of the total Board membership, be delegated to a specific officer or committee of the Corporation.

Section 4. Counsel. The Corporation Counsel of the City of Rochester shall serve as Counsel to the Corporation and may assign municipal attorneys to advise and represent the Corporation.

ARTICLE IV- CONTRACTS, CHECKS, DRAFTS AND BANK ACCOUNTS

Section 1. Execution of Contracts. The Board, except as these By-Laws and Article 16 of N-PCL may otherwise provide, may authorize any officer or officers, agent or agents, in the name of and on behalf of the Corporation to enter into any contract or execute and deliver any instrument, and such authority may be general or confined to specific instances; but, unless so authorized by the Board, or expressly authorized by these By- Laws, no officers, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable pecuniarily in any amount for any purpose.

Section 2. Loans. No loans shall be contracted on behalf of the Corporation unless specifically authorized by the Board.

Section 3. Checks, Drafts, Etc. All checks, drafts and other orders for the payment of money out of the funds of the Corporation, and all notes or other evidences of indebtedness of the Corporation, shall be signed on behalf of the Corporation in such manner as shall from time to time be determined by these By-Laws or by resolution of the Board.

Section 4. Deposits. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositories as the Board may select.

ARTICLE V -POLICIES FOR ACQUISITION, USE AND DISPOSITION OF PROPERTY

Section 1. Compliance with Land Bank Act. In its acquisition and disposition of property, the Corporation shall be subject to Article 16 of the Not-for-Profit Corporation Law (the Land Bank Act).

Section 2. Compliance with Municipal Building Codes, Zoning Laws, and Land Use Controls and Intergovernmental Agreements. The Corporation shall be subject to all applicable Federal, State and local laws, and all City building codes and zoning laws with respect to real property owned by the Corporation, and to the terms and conditions of any applicable Intergovernmental Cooperation Agreement(s).

ARTICLE VI – INDEMNIFICATION

Section 1. Indemnification. The Corporation shall indemnify any person made, or threatened to be made, a party to an action or proceeding by reason of the fact that such person or his testator or intestate is or was a director or officer of the Corporation, or (to the extent not indemnified thereby) served any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise at the request of the Corporation in the capacity of officer or director in the case of actions in the right of the Corporation and in any capacity in the case of all other actions, against judgments, fines, amounts paid in settlement, and reasonable expenses, including attorney’ fees, in the manner and to the full extent allowed by the Not-for[1]Profit Corporation Law, provided that no such indemnification shall be required with respect to any settlement or other non-adjudicated disposition of any threatened or pending action or proceeding unless the Corporation has given its prior consent to such settlement or other disposition. The Corporation is authorized to the full extent allowed by the Not-for-Profit Corporation Law to purchase and maintain insurance to indemnify the Corporation for any obligation which it incurs as a result of the indemnification of directors and officers under the provisions of the Not-for-Profit Corporation Law, to indemnify directors and officers in instances in which they may be indemnified by the Corporation under the provisions of the Not-for-Profit Corporation Law, and to indemnify the directors and officers in instances in which they may not otherwise be indemnified under the provisions of the Not-for-Profit Corporation Law.

ARTICLE VII – FISCAL YEAR

The fiscal year of the Corporation shall start July 1 and expire June 30.

ARTICLE VIII – CONSTRUCTION

Section 1. Construction. If there be any conflict between the provisions of the Certificate of Incorporation and these By-Laws, the provisions of the Certificate of Incorporation shall govern. Nothing in these By-Laws shall be construed to limit the powers and duties conferred upon the Corporation by the Land Bank Act (Article 16 of the New York Not- for-Profit Corporation Law) or any other applicable provision of law.

ARTICLE IX - CONFLICT OF INTEREST

Section 1. Definition of Conflicts of Interest. A conflict of interest will be deemed to exist whenever an individual is in the position to approve or influence Corporation policies or actions which involve or could ultimately harm or benefit financially: (a) the individual; (b) any family member (spouse, domestic partner, grandparents, parents, children, grandchildren, great grandchildren, brothers and sisters - whether whole or half-blood), and spouses of these individuals; or (c) any organization in which the individual or a family member is a Member, trustee, officer, partner with more than 10% of the total voting power. Service on the board of another not-for-profit corporation shall not constitute a conflict of interest.

ARTICLE XI - AMENDMENT

These By Laws may be amended by the affirmative vote of at least a majority of the entire Board of Directors.

12•20•2013 (Amended 12•17•2020 and Amended 10•11•2022) Policy Governing Acquisition of Real Property|

POLICY GOVERNING THE ACQUISITION OF REAL PROPERTY BY THE ROCHESTER LAND BANK CORP.

The acquisition of real property by the Rochester Land Bank Corp., herein referred to as the Land Bank, shall be governed by the general guidelines set forth in this policy, and shall at all times be consistent with the provisions of § 1600 of the New York Not-for-profit Corporation Law (the “Land Bank Act”) and all applicable Federal, State, and local laws, rules, regulations and ordinances.

1. Coordination with City of Rochester initiatives

Properties acquired shall support the mission of the Land Bank in alignment with the City of Rochester’s redevelopment strategies, municipal goals and objectives. Criteria for acquisition shall include an analysis to determine that Land Bank action and involvement will achieve a desired objective in a manner that is more cost effective, timely, brings greater benefits and/or adds value, as an alternative to the City of Rochester’s existing real estate programs and practices. Costs associated with Land Bank transactions will be projected, including costs of acquisition, management and disposal. Whenever possible, a statement will be provided illustrating program or municipal savings or expenses as a result of specifically using the Land Bank as a development tool.

2. Board Approval

Acquisitions shall be approved by the Board prior to conveyance of title. Purchases of real property undertaken to meet the requirements of a grant previously accepted by the Board or for which the total cost of acquisition is no more than $25,000 are hereby delegated to be within the authority of the Acquisition Committee of the Land Bank, subject to the Committee’s adherence to the guidance of this Policy Governing Real Property acquisitions in its entirety. Acquisitions that are within the authority of the Acquisition Committee must be approved by a unanimous vote of the Committee and the terms of any contract or agreement concerning such acquisition shall be approved by the Committee. Any real property acquisition outside of this delegated authority must be approved by a majority vote of the Board and the terms of any contract or agreement concerning the purchase, lease, license, acceptance of any easement or donation, or other acquisition of any interest in real property, shall be approved by the board.

3. Ownership by Land Bank

Pursuant to § 1609(a) of the Land Bank Act, the Land Bank shall hold in its own name all real property acquired by the Land Bank irrespective of the identity of the transferor of the property.

4. Authorized Signatory

The Board delegates to the Executive Director of the Land Bank the authority to enter into and execute agreements, instruments of conveyance and all other related documents pertaining to the conveyance of real property to the Land Bank. The Executive Director has responsibility and authority for carrying out the directives of the Board with regard to acquisition of property. All contracts shall be executed in the name of the Land Bank. In the event that the Executive Director is unavailable, unable, or unwilling to carry out this responsibility, the Board President shall have authority to act in this capacity.

5. Geographic Area Limitation

The Land Bank will operate within the City of Rochester and shall not own any property outside the jurisdictional boundaries of the City of Rochester.

6. Purpose for Acquisition

The Land Bank shall give consideration to the following factors in making a determination to acquire real property:

• Proposals and requests by governmental entities that identify specific properties for ultimate use, including redevelopment and public purposes

• Proposals and requests by non-profit corporations that identify specific properties for ultimate acquisition and redevelopment

• Residential properties which are suitable for owner occupancy with an appropriate level of rehabilitation

• Improved properties that are the subject of an existing order for demolition of the improvements and properties that meet the criteria for demolition of improvements

• Real property acquisition that supports strategic neighborhood stabilization and revitalization plans, including nondevelopment use that enhances quality of life

• Opportunities to create an assemblage to aggregate land for development

• Properties that will generate income to support the mission, purpose and operations of the Land Bank • Acquisitions whereby the Land Bank may accomplish correction of title issues, financial constraints and other failures in the marketplace that prevent real property from being utilized for its intended purpose or being developed to its highest and best use

• Conduit transfers entailing the sequential acquisition and disposition of property according to an approved disposition strategy

• Acquisition of real property located in areas where opportunities exist to maintain and increase owner occupancy; preserve stability in viable neighborhoods; assist in halting neighborhood decline and/or foster development in areas that are non-viable for private investment

7. Acquisition Methods

The Land Bank may acquire real property, or any interest in real property, by the following methods:

• conveyance of title from the City of Rochester,

• through a City tax foreclosure auction by placing a bid in accordance with the Land Bank Act

• by acceptance of donation from public or private entities or individuals

• by purchase from public or private entities or individuals

• by placing a bid at auction, including but not limited to, auctions for foreclosure of Monroe County taxes, or mortgage liens

• on any terms and conditions permitted pursuant to the Land Bank Act.

8. Trump Bid / Credit Bid

The Land bank shall use its powers to place a bid on properties at a municipal tax foreclosure auction for the purpose of acquiring property for any approved project, program, or any other purpose in conformance with the mission of the land bank.

9. Option to Purchase Real Estate

The Land Bank may acquire an option to purchase real property for a specified percentage of the purchase price with a negotiated time frame to be negotiated by the Land Bank. This payment will be credited to the sale price at closing. If closing does not occur, the fee shall be forfeited. All option agreements are subject to all policies and procedures of the Land Bank pertaining to property acquisitions.

10. Operational and Financial Capacity

The Land Bank shall acquire real property only in the event it has operational and financial capacity to complete the requirements of the transaction.

11. Planned Disposition Strategy

A planned disposition strategy that furthers community development objectives, along with an estimate of the length of the holding period, must be identified prior to acquisition. The disposition strategy may include holding the property in ownership by the land bank for a period of time, demolition, sale to a developer or other strategies. In all cases involving conduit transfers, a transaction agreement must be approved in advance and executed by the Land Bank and the Transferee. Such a transaction agreement will generally be in the form of an Acquisition and Disposition Agreement prepared in accordance with this Policy.

12. Characteristics of Real Property

Acquisition of real property by the Land Bank from entities other than the City of Rochester or County of Monroe shall be limited to property that is tax delinquent, tax foreclosed, vacant or abandoned; provided however that the Land Bank may purchase other real estate consistent with an approved development plan. Acquired properties may include, but are not restricted to the following categories:
• parcels of vacant land
• parking lots
• parcels improved with high or low-density residential, commercial, mixed-use, special use, parking/storage or industrial structures

13. Purchase Price

Purchase price shall not exceed the fair market value of the real property, as determined by an appropriate method of valuation such as a Broker Price Opinion, appraisal or comparative market analysis performed by Land Bank staff or a qualified independent real estate professional, as further defined in Land Bank procedures, by the greater of $5,000 or 10% (ten percent) of said value. Any payment of purchase price in excess of the fair market value shall be at the sole discretion of the Executive Director. Closing costs and related acquisition expenses shall not exceed what is reasonable and typical in the local market.

14. Environmental

An environmental review will be conducted prior to acquisition of any real property that is currently, or was formerly, used for commercial or industrial purposes, or any property where contamination is suspected.

15. Title All real property must be conveyed to the Land Bank with insurable title, free of outstanding liens or encumbrances, including taxes, special assessments, water and refuse bills, and any other charges assessed by the City of Rochester and County of Monroe subject to such exceptions as specifically authorized by the board of directors. In no event shall property be acquired where outstanding liens and/or encumbrances exceed the fair market value. All property must be conveyed with insurable title. It may be possible for lien holders to donate their interests in a property.

16. Boundary Lines

The Land Bank may grant and accept easements to resolve boundary line title tissues, including building encroachments between adjoining parcels and fence encroachments. The Executive Director may authorize boundary line agreements and driveway agreements with the owners of parcels adjacent to Land-Bank owned parcels, without conveyance of ownership. Consideration for said easements and agreements may be set at $1 (payment waived).

17. Acknowledgment of Donated Property

The Land Bank will not determine the value of donated property for the purpose of tax benefits, but will provide a letter describing the property donated.

18. Property Management

The Land Bank will either provide directly or obtain appropriate property management services for all assets it owns. Prior to authorizing the acquisition of a property, the Board shall ensure that maintenance responsibilities will be addressed via an agreement that is specific to a certain acquisition, through an agreement between the Land Bank and the City of Rochester, or by another method. Management responsibilities may include, but not be limited to any of the following:

• Payment of all charges attributable to the property during the holding period, including property taxes, assessment charges, water and refuse charges, and utility expenses

• Grass cutting, debris removal, tree maintenance, and snow removal

• Structural maintenance and/or repair necessary to protect the investment of the Land Bank, secure a structure or land against unauthorized entry or correct an immediate danger

• Discretionary repairs to comply with codes or improve marketability

• Legal costs including potential evictions, leases, tenant or prior owner workouts, clearing of title, representation for acquisition, representation for disposition, and any other legal costs to be incurred by the Land Bank during the Holding Period

• Marketing costs

• Appraisal services

• Environmental costs required prior to disposing of the property, including but not limited to asbestos removal, lead paint remediation, removal and disposal of hazardous substances

• The maintenance requirements imposed by N-PCL § 1608(d).

19. Inventory List

Pursuant to N-PCL §§ 1608(h) and 1608(i), within one week of the acquisition of any parcel of real property, the Land Bank shall inventory the acquired parcel in a publicly available inventory list. The list shall include the following details regarding every parcel of real property so acquired: 1) the location 2) the purchase price 3) the current assessed value 4) any amount owed to a locality for real property taxation and 5) any conditions or restrictions applicable to the property. Every parcel of real property acquired by the Land Bank shall remain on the inventory list at least one week prior to any disposal of any interest in said real property.

20. Exceptions to Policy

Any exception to the policy governing acquisitions shall be taken to the governing body of the Land Bank for approval.

21. Annual Review and Amendments of Policy

This Policy is subject to modification and amendment at the discretion of the Board in accordance with the PAL § 2800 and N-PCL §520. The Policy shall be reviewed and approved annually by the Land Bank Board. On or before March 31st of each year, the Policy most recently reviewed and approved including the name of the Contracting Officer shall be filed with the Comptroller of the State and posted on the Land Bank’s website

7•16•15 Rochester Land Bank Corp. Anti-Nepotism Policy

ROCHESTER LAND BANK CORPORATION ANTI-NEPOTISM POLICY

For the purpose of this Anti-Nepotism Policy, individuals who are paid employees of the Rochester Land Bank Corporation (“Land Bank”) shall be considered “employees.” The term “employee” shall not include directors, vendors, service providers or other independent contractors, nor shall the term “employee” include City of Rochester employees providing services to the Land Bank.

At the time of adoption of this Anti-Nepotism Policy, the Land Bank does not have any employees. The Executive Director is a City of Rochester employee compensated by the City of Rochester. The Corporation Counsel of the City of Rochester is Counsel to the Corporation and may assign municipal attorneys to advise and represent the Corporation. Neither the Corporation Counsel nor any such municipal attorney(s) are employees of the Rochester Land Bank Corporation.

This policy is adopted to apply at such time as the Land Bank may hire employee(s).

The Land Banks welcomes applications for employment from members of current employees’ family; such applicants will be considered for employment on the basis of their qualifications. However, with respect to non-bargaining unit positions, immediate family members ordinarily will not be hired if employment would create a direct or indirect supervisor/subordinate relationship between immediate family members.

Similarly, employees may not be assigned, transferred, or promoted to a position if it will create a direct or indirect supervisor/subordinate relationship between immediate family members or if it will create an actual conflict of interest or the appearance of a conflict of interest.

For purposes of this policy, immediate family includes: spouse, partner, parent, child, sibling, in-law with respect to each of these categories, aunt, uncle, niece, grandparent, grandchild, and members of household. It also includes individuals in a romantic relationship.

Employees are required to disclose an immediate family relationship with anyone who is in their direct or indirect supervisor/subordinate chain. Employees who comply with this requirement will be asked to complete a conflict of interest disclosure statement.

Employees who become immediate family members as defined above after being hired or placed in a position may continue that employment as long as it does not involve any conditions cited above.

If one of the conditions outlined should occur, attempts will be made to adjust the working environment to avoid these conditions. If adjustments cannot be made to the satisfaction of the Land Bank, one or both of the individuals may be subject to reassignment or termination.

Policies applicable to bargaining unit employees are contained in the relevant collective bargaining agreements.

This policy applies to all employees hired, promoted, or transferred after July 1, 2015.

9•17•13 Rochester Land Bank Corp. Compensation, Reimbursement and Attendance Policy

ROCHESTER LAND BANK CORPORATION COMPENSATION, REIMBURSEMENT AND ATTENDANCE POLICY

Under and in accordance with the Not-For-Profit Corporation Law of the State of New York, the members of the board (the “Board”) of the Rochester Land Bank Corporation (the “Corporation”) shall serve without salary but may be reimbursed for reasonable expenses incurred in the performance of Corporation duties at the approval of the Board.

The employees of the Corporation shall be employed by the Corporation at such compensation levels as approved by the Board from time to time and may be reimbursed for reasonable expenses incurred to perform Corporation duties as approved by the Board.

The members of the Board and officers of the Corporation shall be available as required to perform the operations of the Corporation and as set forth within the By-Laws of the Corporation, as amended, restated or revised by the Board from time to time. Said members and officers of the Corporation shall put forth their best efforts to perform their respective duties as outlined in the By-Laws of the Corporation and any other directives of the Board relating to same.

9•17•13

ROCHESTER LAND BANK CORPORATION DEFENSE AND INDEMNIFICATION POLICY

Pursuant to the Bylaws of the Rochester Land Bank Corporation, the Corporation shall indemnify all members of the Board and each officer and employee, in the performance of their respective duties, and to the extent authorized by the Board, each other person authorized to act for the Corporation or on its behalf, to the full extent to which indemnification is permitted under the Not-For-Profit Corporation Law of the State of New York

Disposition Policy Amended 2-20-20

POLICY GOVERNING THE DISPOSITION OF REAL PROPERTY BY THE ROCHESTER LAND BANK CORP.

The disposition of real property by the Rochester Land Bank Corp., herein referred to as the Land Bank, shall be governed by the general guidelines set forth in this policy, and shall at all times be consistent with the provisions of § 1600 of the New York Not-for-profit Corporation Law (the “Land Bank Act”) and all applicable Federal, State, and local laws, rules, regulations and ordinances.

1. Coordination with City of Rochester Initiatives

Properties shall be disposed of in a manner that supports the mission of the Land Bank in alignment with the City of Rochester’s redevelopment strategies, municipal goals and objectives.

2. Disposition of Real Estate Interests

The Land Bank may convey, exchange, sell, transfer, lease as lessor, grant, release and demise, pledge any and all interests in, upon or to real property of the Land Bank.

3. Board Approval

All disposition of real property shall be approved by the Board prior to conveyance of title. The Land Bank shall not sell, mortgage, or lease any real property unless authorized by a by a majority vote of the Board as required pursuant to N-PCL § 1605 (2)(i)(5). The terms of any contract or agreement concerning the sale, lease, license, easement, encumbrance, or other alienation of any interest in real property of the Land Bank, shall be approved by the Board.

4. Ownership by Land Bank

Pursuant to § 1609(a) of the Land Bank Act, the Land Bank shall hold in its own name all real property acquired by the Land Bank irrespective of the identity of the transferor of the property.

5. Designation of Contracting Officer / Duties of Contracting Officer

Except as otherwise provided herein and in the New York State Public Authorities Law (PAL), the “Contracting Officer” shall be responsible for the disposition of real property owned by the Land Bank and shall be responsible for the Land Bank’s compliance with, and enforcement of, this Policy. The Executive Director of the Land Bank is hereby designated as the Contracting Officer. As the Contracting Officer, the Executive Director has responsibility and authority for carrying out the directives of the Board with regard to acquisition of property. All contracts shall be executed in the name of the Land Bank.

6. Authorized Signatory

The Board delegates to the Executive Director of the Land Bank the authority to enter into and execute agreements, instruments of conveyance and all other related documents pertaining to the conveyance of real property by the Land Bank. In the event that the Executive Director is unavailable, unable, or unwilling to carry out this responsibility, the Board President shall have authority to act in this capacity.

7. Disposition Methods

The Land Bank may dispose of real property, or any interest in real property, by the following methods:

• Conveyance of a partial interest by lease, license, easement, or other agreement;

• Transfer to a government entity;

• Public Auction;

• Sale by Request for Proposal;

• Negotiation;

• Sealed Bid.

8. Option to Purchase Real Estate

The Land Bank may grant an option to purchase real estate for a specified percentage of the purchase price with a negotiated time frame to be determined by the Land Bank. This payment will be credited to the sale price at closing. If closing does not occur, the fee shall be forfeited. All option agreements are subject to all policies and procedures of the Land Bank pertaining to property transfers.

9. Sale Price / Consideration in Payment for Real Estate

In each and every transfer of real property the Land Bank shall require good and valuable consideration in an amount determined by the Land Bank in its sole discretion. The Land Bank will consider both the fair market value of the property and the Property Costs in determination of consideration for each property. The fair market value of the real property shall be determined by a valuation estimate performed by Land Bank staff or a qualified independent real estate professional, as further defined in Land Bank procedures. Said valuation estimate shall be included in the Land Bank’s record of the transaction for the property. “Property Costs” shall mean the aggregate costs and expenses of the Land Bank attributable to the specific property being sold, including costs of acquisition, maintenance, repair, demolition, marketing, legal expenses of the property and indirect costs of the operations of the Land Bank allocable to the property. The consideration to be provided to the Land Bank by the Transferee may take the form of monetary payments and secured financial obligations, deferred financing, performance of contractual obligations, imposition of restrictive covenants, or other obligations and responsibilities of the Transferee, or any combination thereof, and such other forms of consideration as are consistent with state and local law. The Land Bank may consider alternative financing options (i.e., providing a mortgage and promissory note) as a method of disposition in any transactions.

A. Transfers to Governmental Entities.

The Land Bank may convey real property to governmental entities at an amount less than fair market value when such property is to be retained by the governmental entity in perpetuity for governmental purposes. Properties acquired by the Land Bank by means of the trump bid which are subsequently deemed to be unsuited to the mission of the Land Bank may be conveyed by donation to the City of Rochester upon enactment of an authorizing resolution of the Board and authorizing legislation approved by the Rochester City Council. In the event that the Land Bank transfers real property to a governmental entity in order to facilitate a transfer of title to a third party, the consideration shall not be lower than the Property Costs, to be paid in cash, unless the Board:

• in its discretion approves a price reduction in conjunction with an approved redevelopment plan or municipal goal, or

• accepts nonmonetary consideration as described above.

B. Transfers to NonGovernmental Entities

Conveyance of real property by the Land Bank to nongovernmental entities shall require payment of consideration in an amount not lower than the Property Costs, to be paid in cash, unless the Board:

in its discretion approves a price reduction in conjunction with an approved redevelopment plan or municipal goal,

• accepts nonmonetary consideration as described above, or

• applies grant funding to offset any of the Property Costs, provided that such price reduction complies with grant provisions.

10. Planned Disposition Strategy

A subsequent use that furthers community development objectives, along with an estimated schedule for implementation, must be identified prior to disposition. For conveyances that are subject to a development proposal, the Land Bank will require potential Transferees to submit a plan that includes, at a minimum, the following:

• Project description, including ultimate use of property

• Development schedule

• Investment plan including projected development costs and sources of funding

• Experience of Transferee in undertaking similar projects

• References

All tax incentives and financing necessary for the development to be completed must be committed prior to actual disposition.

All Transferees shall be required to comply with all terms of the approved development proposal, the purchase offer, the City’s Zoning Ordinance and Building Code, and the laws and/or ordinances of all other agencies that may have jurisdiction.

11. Structure of Conveyances

Transactions shall be structured in a manner that permits the Land Bank to enforce recorded covenants or conditions upon title pertaining to development and use of the property for a specified period of time. Such restrictions may be enforced, in certain cases, by means of a reverter clause in the deed conveying title to a Transferee, and/or reliance on subordinate financing held by the Land Bank.

Post title transference, the Land Bank will implement a system to track the ethnicity and income demographics of the homebuyer/tenant.

12. Qualifications of Transferee

Individuals and entities seeking to acquire real property from the Land Bank, or to enter into transaction agreements with the Land Bank, will be required to provide such information as may be requested by the Land Bank, including but not limited to the legal status of the Transferee, its organizational and financial structure, and its prior experience in similar property development or management.

The Land Bank deems it to be in the best interest of the City of Rochester to convey real property to individuals and entities who will be responsible property owners, and to that end the Land Bank shall adopt the purchaser eligibility guidelines set forth in § 21-16 of the Charter and Code of the City of Rochester. These provisions shall apply to all Transferees including purchasers and lessees. Individuals and entities shall be prohibited from acquiring ownership or property rights from the Land Bank if they have engaged in fraudulent activity in connection with the sale of a City-owned or Land Bank-owned property, have lost real property through City tax foreclosure proceedings within the previous five years, owe property taxes on other real property within the City of Rochester within the previous three years, have been the subject of a cancellation of sale by the City of Rochester or have been held in contempt of a court order for failure to abate code violations within the previous five years, or who have unsatisfied judgments in the Municipal Code Violations Bureau within the previous five years. Failure to perform in prior transactions with the Land Bank shall also render an individual or entity ineligible to purchase of real property from the Land Bank.

Individuals and entities who own property within the City of Rochester that is in violation of City codes shall be deemed ineligible to acquire ownership or property rights from the Land Bank unless the violation(s) are on property that is part of construction, rehabilitation or development projects, or is undergoing periodic Certificate of Occupancy renewal, and it is established by the City of Rochester Department of Neighborhood and Business Development that the owner is making satisfactory progress toward the abatement of said violations.

Individuals and entities that were the prior owners of real property at the time of tax foreclosure which transferred title to the Land Bank shall be ineligible to be the Transferee of such property from the Land Bank, except that the Board of the Land Bank in its sole discretion may approve a short[1]term rental agreement with a prior owner.

Parties that are not able to demonstrate sufficient experience and capacity to perform in accordance with the requirements of the Land Bank shall be ineligible to purchase real property from the Land Bank.

Where the Transferee is not an individual, the provisions cited in this section shall also apply to officers, principals and related businesses or associations. Such provisions shall not apply to purchasers of unbuildable vacant land.

The Land Bank reserves the right to independently investigate and consider the Transferee’s experience and business activities in other jurisdictions, as well as to consider references, both those that are submitted and others that may be solicited by the Land Bank. All determinations of the eligibility or qualification of any Transferor shall be at the sole and absolute discretion of the Land Bank.

13. Conveyance to Tax-Exempt Entity

The Land Bank may give preference to proposals to transfer real property into private ownership for taxable uses. However, given the unique nature of some properties, the Land Bank may consider a tax-exempt use that supports the mission of the Land Bank and is in congruence with municipal strategies, goals and objectives. Except in the discretion of the Board for overriding charitable, educational and other public interests, in a conveyance to a non-governmental tax-exempt organization, the Transferee shall waive its tax-exempt status for five years and agree to pay property taxes for that period of time, unless that organization currently owns a tax-exempt property within 500 feet of the real property acquired from the Land Bank. The Transferee shall further agree not to transfer, re-sell or convey the subject premises to a tax-exempt organization for a period of five (5) years from the date of the recording of the deed from the Land Bank. This covenant shall be contained in the deed from the Land Bank to the Transferee.

14. Environmental

Unless otherwise approved by the Board, the Transferee shall be solely responsible for performing and conducting its own due diligence as to the physical and environmental condition of the real property being conveyed. The Land Bank shall supply the Transferee with copies of all environmental reports (the “Environmental Reports”) it has in its possession in regard to the real property conveyed. Transferee shall accept the real property in “as is” condition, and shall agree to assume and undertake any and all liability and expense resulting from the presence of Hazardous Substances in, on, or beneath the real property, and/or removal or other remediation of any such Hazardous Substances, except to the extent that the presence or release of any such Hazardous Substances has resulted from or arisen out of the activities of the Land Bank, its agents, employees or contractors.

15. Lead-Based Paint and/or Lead-Based Paint Hazards

The Land Bank shall comply with the requirements of the Residential Lead-Based Paint Hazard Reduction Act (Title X) passed by Congress in 1992 and the regulations which were issued to implement said legislation, in the conveyance of all real property constructed prior to 1978 containing one or more residential dwelling units, unless such property is specifically excluded from the rule. The Land Bank shall disclose all known lead-based paint and/or lead-based paint hazards and further provide any available reports of lead-based paint testing regarding residential dwellings covered under this rule. Transferees shall have the opportunity, for a 10-day period, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards, at their own expense. By mutual agreement of the Land Bank and Transferee, the time period may be shortened or lengthened. The Transferee may waive the inspection opportunity.

16. Insurance

The Land Bank may grant an access or license agreement to permit a Transferee to conduct due diligence activities or take occupancy prior to conveyance of title, or for such other purposes as deemed necessary to carry out the purpose of the planned disposition. The Land Bank may also enter into a lease agreement. During a license period and/or lease term, the Transferee shall agree to defend, indemnify and hold the Land Bank and the City of Rochester harmless from any and all claims for bodily injury or property damage occurring or alleged to have occurred at the subject property. Transferee shall insure the property with liability insurance in such limits as may be approved by the Land Bank. All such insurance policies shall be issued in the name of the Transferee, the Land Bank and the City of Rochester as additional insured, and a copy of a bona fide certificate of insurance evidencing the coverage provided in the policy shall be delivered by the Transferee to the Land Bank on or before the date of commencement of the license period.

17. Boundary Lines

18. Disposition by Commissioner of General Services

If the Board deems that disposition of real property by the Commissioner of General Services will be advantageous to the Land Bank and the State of New York, the Land Bank may enter into an agreement with the Commissioner of General Services whereby the Commissioner may dispose of real property of the Land Bank under terms and conditions agreed to by the Land Bank and the Commissioner of General Services. In disposing of any such property of the Land Bank, the Commissioner of General Services shall be bound by the terms of Title 5-A of the Public Authorities Law, and references to the Contracting Officer shall be deemed to refer to the Commissioner of General Services.

19. Disposition of Proceeds of Sale

Any proceeds from the sale or transfer of real property by the Land Bank shall be retained, expended, or transferred by the Land Bank as determined by the Board in the best interests of the Land Bank and in accordance with the Land Bank Act.

20. Inventory of Real Property Dispositions

Pursuant to N-PCL §§ 1609(g) and 1609(g), the Land Bank shall maintain and make available for public review and inspection a complete inventory of all real property dispositions by the land bank. Such inventory shall include a complete copy of the sales contract including all terms and conditions including, but not limited to, any form of compensation received by the land bank or any other party which is not included within the sale price. Within one week of the disposition of any parcel of real property, the Land Bank shall list the parcel in the publicly available inventory. Such records shall remain available for public inspection in the property disposition inventory indefinitely.

21. Retention of Records

Copies of all real property disposition contracts shall be retained indefinitely by the Land Bank. Copies of contracts under this section shall be kept as a part of the Land Bank’s disposition file and shall be incorporated into the disposition inventory as set forth in Section 20 of this Disposition Policy. Copies may be kept in original form, electronically, or in both forms.

22. Property Report

The Land Bank shall publish annually a report listing all property of the Land Bank, as required pursuant to PAL §2896 (3)(a). Such report shall include a list and full description of all real and personal property disposed of during such period. The report shall contain the price received by the Land Bank and the name of the purchaser for all such property sold by the Land Bank during such period.

The Land Bank shall deliver copies of such report to the Comptroller of the State of New York, the Director of the Budget of State of New York, the Commissioner of the New York State Office of General Services, the New York State Legislature, and the Authorities Budget Office as required pursuant to PAL §2896 (3)(b).

23. Exceptions to Policy

Any exception to the policy governing dispositions shall be taken to the governing body of the Land Bank for approval.

24. Annual Review and Amendments of Policy

This Policy is subject to modification and amendment at the discretion of the Board in accordance with the PAL §2800 and N-PCL §520. The Policy shall be reviewed and approved annually by the Land Bank Board. On or before March 31st of each year, the Policy most recently reviewed and approved including the name of the Contracting Officer shall be filed with the Comptroller of the State and posted on the Land Bank’s website.

9•17•2020 Real Property Donation Policy

REAL PROPERTY DONATION POLICY

SECTION 1. PURPOSE AND AUTHORITY.

The purpose of this Policy on the Donation of Real Property (the “Policy”) is to set forth the requirements applicable to the acceptance by the Rochester Land Bank Corporation (the “Land Bank” of “RLBC”) of real property which is proposed to be donated to the Land Bank. This Policy expands upon the Land Bank’s Real Property Acquisition Policy as it pertains to donated properties.

SECTION 2. DEFINITIONS.

As used herein, the following terms shall have the meaning set forth below.

A. “Board” shall mean the Board of Directors of the Land Bank.

B. “Chair” shall mean the Chair of the Board.

C. “Executive Director” shall mean the Executive Director of the Land Bank, or in the event of a vacancy or unavailability, the Chair.

D. “Land Bank” or “RLBC” shall mean the Rochester Land Bank Corporation.

SECTION 3. CRITERIA FOR DONATION OF REAL PROPERTY.

A. RLBC may accept donations of real property subject to the discretion of the Board.

B. The acquisition of real property via donation by the RLBC shall not be limited to real property that is tax delinquent, tax foreclosed, vacant, abandoned, or for which acquisition is consistent with an approved redevelopment plan prepared by the RLBC. However, the RLBC will likely not consider a property that is occupied by tenants.

C. Prior to recommending to the Board that the RLBC accept title to property, the Land Bank shall evaluatewhether acquisition of said property is in accordance with the RLBC’s mission and interests by reviewing items that may include, but are not limited to:

i. Whether the property possesses potential for redevelopment that furthers the goals and objectives of

the RLBC;

ii. Proximity to other real property owned by the RLBC or in close proximity to development or properties owned by the City of Rochester (“the City”) in which the subject property could be an asset in the further development or stabilization efforts;

iii. Potential for combining the property with adjacent properties, whether such property is currently owned by the RLBC or the City or under consideration to be acquired by the RLBC or the City;

iv. Proximity to targeted redevelopment plans;

v. Whether the property is occupied;

vi. Whether any taxes are owed, or liens are filed against the property;

vii. Whether there are defects in title and the ability to obtain title insurance;

viii. Condition and market value of the property;

ix. Cost to remediate hazards or nuisances posed by the property;

x. Whether the property is accompanied by a cash donation [to mitigate the costs of ownership and redevelopment];

xi. Cost to fully redevelop the property;

xii. Financial resources available to redevelop the property;

xiii. Whether there exists an interested buyer or similar factors related to marketability.

D. A Phase I environmental assessment may be required depending on the type and location of the property. The cost of a Phase I environmental assessment, if requested, is the responsibility of the potential donor; provided however, if the Board determines that the property is of strategic importance to the RLBC and the donor demonstrates financial hardship or inability to pay for the Phase I assessment, the RLBC may agree to bear this cost. The RLBC, at its sole discretion, shall determine if a Phase II investigation or other testing mechanisms are needed, prior to acceptance.

SECTION 4. BOARD APPROVAL AND ACCEPTANCE

A. Upon a recommendation by the Executive Director to accept property, the Board shall undertake meaningful analysis to determine whether acceptance of such donation is in the best interest of the RLBC.

B. RLBC will not determine a donation value for the purpose of tax benefits, but the Executive Director shall be authorized to provide a letter describing the property donated as a written acknowledgement under section 170(f)(8) of the Internal Revenue Code.

2•20•2014 Rochester Land Bank Corp. Privacy Policy

ROCHESTER LAND BANK CORPORATION

CODE OF ETHICS/CONFLICT OF INTEREST POLICY

A. Preamble. Officers and employees of the Land Bank shall hold their positions to serve and benefit the public and not for personal gain or advantage. The Board of Directors recognizes that in order to implement this fundamental principle there is a need for clear and reasonable standards of ethical conduct. This Code of Ethics/Conflict of Interest Policy establishes such standards by defining and prohibiting acts incompatible with the public interest.

B. Definitions. When used in this code/policy, the following words and phrases shall have the following meanings:

(1) FAMILY — The parent, sibling, spouse or child of a person or any members of a person’s immediate household.

(2) OFFICER or EMPLOYEE — Any person appointed or hired to serve the Land Bank in any capacity, whether paid or unpaid, or for a term fixed or not fixed, including, without limit, persons serving on a temporary, part-time or seasonal basis. Officer includes the Executive Director, any other designated officer, and any member of the Board of Directors.

(3) AN INTEREST — A benefit or advantage of an economic or tangible nature that a person or a member of his or her family would gain or lose as a result of any decision or action, or omission to decide or act, on the part of the Board of Directors of the Land Bank or any of its officers and employees.

C. Ethical standards.

(1) No Land Bank officer or employee shall have any employment, or engage in any business or commercial transaction, or engage in any professional activity, or incur any obligation, as a result of which, directly or indirectly, he or she would have an interest that would impair his or her independence of judgment or action in the performance of his or her official duties or that would be in conflict with the performance of his or her official duties.

(2) No officer or employee of the Land Bank shall acquire any interest, direct or indirect, in real property of the Land Bank, in any real property to be acquired by the Land Bank, or in any real property to be acquired from the Land Bank.

(3) No Land Bank officer or employee shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a Land Bank.

(4) No Land Bank officer or employee shall have or enter into any contract with a third party who has or enters into a contract with the Land Bank unless:

(a) The third party contract to which the Land Bank is a party is with the City of Rochester.

(b) The third party contract is awarded pursuant to the competitive bidding procedures of the General Municipal Law; or

[1] Has no interest;

[2] Has no duties or responsibilities, or, if the contract with the person is one which the Land Bank officer or employee entered into prior to becoming a Land Bank officer or employee, he or she abstains from any performance of duties or responsibilities; and

[3] Exercises or attempts to exercise no influence.

(d) No prohibited conflict of interest shall be found involving a contract with a person, firm, corporation or association in which a Land Bank officer or employee has an interest which is prohibited solely by reason of employment as an officer or employee thereof, if the remuneration of such employment will not be directly affected as a result of such contract and the duties of such employment do not directly involve the procurement, preparation or performance of any part of such contract.

(5) No Land Bank officer or employee shall discuss, vote on, decide or take part in, formally or informally, any matter proposed or pending in which he or she has an interest. This provision shall not apply to any Land Bank officer or employee whose interest in the proposed or pending matter is de minimis, provided that these procedures are followed strictly:

(a) The Land Bank officer or employee shall identify his or her interest, i.e., the benefit or advantage that would be gained or lost if the Land Bank acted on the matter in various ways, and the underlying basis of such interest, such as ownership, investment, contract, claim, employment, or relationship.

(b) The Land Bank officer or employee shall completely and specifically describe and disclose his or her interest and its underlying basis, if any, in writing, to the Board of Directors in advance of his or her participation in the matter.

(c) If either the Land Bank officer or employee, or the Executive Director or the Chair of the Board of Directors believes that the disclosure reasonably raises a question whether the interest is de minimis, such question shall be submitted to the Land Bank’s Counsel for an opinion, prior to which the officer or employee shall not participate in the matter. Failure to disclose properly or abide by the opinion of the Board shall make any participation of the officer or employee in the matter null and void.

(6) No Land Bank officer or employee should accept employment or engage in any business or professional activity which will require him or her to disclose confidential information which he or she has gained by reason of his or her official position or authority.

(7) No Land Bank officer or employee should disclose confidential information acquired by him or her in the course of his or her official duties nor use such information to further his or her personal interests.

(8) No Land Bank officer or employee should use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or others, including but not limited to, the misappropriation to himself, herself or to others of the property, services or other resources of the Land Bank for private business purposes.

(9) No Land Bank officer or employee should engage in any transaction as representative or agent of the Land Bank with any business entity in which he or she has a direct or indirect interest that might reasonably tend to conflict with the proper discharge of his or her official duties.

(10) A Land Bank officer or employee should not by his or her conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official duties, or that he is affected by the kinship, rank, position or influence of any party or person.

(11) A Land Bank officer or employee should abstain from making personal investments in enterprises which he or she has reason to believe may be directly involved in decisions to be made by him or her or which will otherwise create substantial conflict between his or her private interest and duty to the public interest.

(12) A Land Bank officer or employee should endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his or her trust.

(13) No Land Bank officer or employee shall use or permit the use of Land Bank owned vehicles, equipment, materials or property for the convenience or profit of himself or herself or any family member.

(14) No Land Bank officer or employee shall solicit any gift, nor shall any Land Bank officer or employee accept or receive any gift having a value of $25 or more, regardless of the form of the gift, from any person who has an interest in any matter proposed or pending before the Land Bank. The provisions of this subsection shall not apply to contributions solicited or received in accordance with the Election Law of the State of New York.

(15) A Land Bank contract with a corporation in which a Land Bank officer or employee has an interest shall not be deemed to create a prohibited conflict of interest under this code/policy based solely on such officer or employee’s ownership or control, direct or indirect, of less than five (5) percent of the corporation’s outstanding shares of stock.

(16) While disclosure and recusal shall be required, the interest of a Land Bank officer or employee who is a member of the board of a not-for-profit corporation or association which has a contract with the Land Bank shall not be prohibited where the remuneration of such Land Bank officer or employee will not be directly affected as a result of such contract.

C. Discipline and Removal. The doing of any act prohibited or the failure to do any act required by this Code of Ethics/Conflict of Interest Policy shall constitute grounds for disciplinary action, including removal, and any Land Bank officer or employee who violates a provision of this Code of Ethics/Conflict of Interest Policy may be subject to removal, in the discretion of the Board of Directors, in the manner provided by law.

D. Annual Disclosure Statements. All Board members and officers, as well as all employees who hold policy-making positions, of the Land Bank shall file annual financial disclosure statements with the City of Rochester Board of Ethics pursuant to article eighteen of the General Municipal Law.

Section 2. This resolution shall take effect immediately.

12•20•2013 (Amended 12•17•2020 and Amended 10•11•2022) Policy Governing Acquisition of Real Property

FREEDOM OF INFORMATION LAW (FOIL) POLICY AND PROCEDURES OF THE ROCHESTER LAND BANK CORPORATION

Purpose

The Rochester Land Bank Corporation (“RLBC”) is subject to disclosures pursuant to the Freedom of Information Law (“FOIL”). This document describes RLBC policies and procedures as it relates to the handling of FOIL requests.

Making Requests

To make a FOIL request, please send a detailed written request to the RLBC Records Access Officer specifying the records you wish to receive at:

By Email: landbank@cityofrochester.gov

By Mail: Rochester Land Bank Corporation

Attn: Rianne Mitchell
30 Church Street, Room 125B
Rochester, NY 14614

Handling of Requests

RLBC is required to comply with FOIL, and as such, will ensure that this policy remains up to date, and that a Records Access Officer has been appointed to handle FOIL requests at all times. The Records Access Officer will:

(1) Maintain an up-to-date Subject Matter List.

(2) On locating records where inspection is requested, either (i) make records available for inspection, or (ii) deny access to records and explain in writing the reasons why such records are not available.

(3) On locating records where copies are requested, either (i) make a copy available upon payment of fees established pursuant to this policy, if any, or (ii) deny access to records and explain in writing the reasons why such records are not available.

(4) Certify that records provided are a true copy.

(5) On failure to locate records, certify that: (i) RLBC is not the custodian for such records, or (ii) the records for which RLBC is custodian cannot be found after a diligent search.

Request Protocol

(a) A written request is required.

(b) A response shall be given within five business days of receipt of a request by:

(1) informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described;

(2) granting or denying access to records in whole or in part;

(3) acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than twenty business days after the date of the acknowledgment, or if it is known that circumstances prevent disclosure within twenty business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part; or

(4) if the receipt of request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within twenty business days of such acknowledgment, but circumstances prevent disclosure within that time, providing a statement in writing within twenty business days of such acknowledgment specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part.

(c) In determining a reasonable time for granting or denying a request under the circumstances of a request, personnel shall consider the volume of a request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed, the number of requests received by RLBC, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time.

(d) A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed. Such failure shall include situations in which an officer or employee:

(1) fails to grant access to the records sought, deny access in writing or acknowledge the receipt of a request within five business days of the receipt of a request;

(2) acknowledges the receipt of a request within five business days but fails to furnish an approximate date when the request will be granted or denied in whole or in part;

(3) furnishes an acknowledgment of the receipt of a request within five business days with an approximate date for granting or denying access in whole or in part that is unreasonable under the circumstances of the request;

(4) fails to respond to a request within a reasonable time after the approximate date given or within twenty business days after the date of the acknowledgment of the receipt of a request;

(5) determines to grant a request in whole or in part within twenty business days of the acknowledgment of the receipt of a request, but fails to do so, unless RLBC provides the reason for its inability to do so in writing and a date certain within which the request will be granted in whole or in part;

(6) does not grant a request in whole or in part within twenty business days of the acknowledgment of the receipt of a request and fails to provide the reason in writing explaining the inability to do so and a date certain by which the request will be granted in whole or in part; or

(7) responds to a request, stating that more than twenty business days is needed to grant or deny the request in whole or in part and provides a date certain within which that will be accomplished, but such date is unreasonable under the circumstances of the request.

(e) An appointment, to inspect and copy records, may be made by contacting the Records Access Officer.

Subject Matter List

A Subject Matter List shall be maintained by the Records Access Officer, which shall be sufficiently detailed to permit identification of the category of records sought, and which shall be updated annually.

Denial of Access to Records

(a) Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to determine appeals, [who or which] shall be identified by name, title, business address and business phone number.

(b) If requested records are not provided promptly, as required in Section 5 of these regulations, such failure shall also be deemed a denial of access.

(c) The following person or persons or body shall determine appeals regarding denial of access to records under the Freedom of Information Law:

City of Rochester
Corporation Counsel
30 Church Street, 400A
Rochester, NY 14614

-or

foilappeals@cityofrochester.gov

(d) Any person denied access to records may appeal within thirty days of a denial.

(e) The time for deciding an appeal by the individual or body designated to determine appeals shall commence upon receipt of a written appeal identifying:

(1) the date and location of requests for records;

(2) a description, to the extent possible, of the records that were denied; and

(3) the name and return address of the person denied access.

(f) A failure to determine an appeal within ten business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.

(h) The person or body designated to determine appeals shall inform the appellant of its determination in writing within ten business days of receipt of an appeal.

Fees

Fees may be charged for copies at the discretion of the Records Access Officer as follows:

(a) the fee for copying records shall not exceed 25 cents per page for photocopies not exceeding 9 by 14 inches. This section shall not be construed to mandate the raising of fees where agencies or municipalities in the past have charged less than 25 cents for such copies;

(b) the fee for photocopies of records in excess of 9 x 14 inches shall not exceed the actual cost of reproduction; or

(c) RLBC has the authority to redact portions of a paper record and does so prior to disclosure of the record by making a photocopy from which the proper redactions are made.

Such fees may also include:

(a) an amount equal to the hourly salary attributed to the lowest paid employee who has the necessary skill required to prepare a copy of the requested record, but only when more than two hours of the employee’s time is necessary to do so; and

(b) the actual cost of the storage devices or media provided to the person making the request in complying with such request; or

(c) the actual cost to RLBC of engaging an outside professional service to prepare a copy of a record, but only when RLBC information technology equipment is inadequate to prepare a copy, and if such service is used to prepare the copy.

Severability

If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances.

INTERNAL CONTROL POLICY (2-20-2014)

The following outlines the policy and procedures used by the Rochester Land Bank Corporation to ensure adequate financial internal controls.

1. Cash Receipts - All cash receipts including wire transfer of grant proceeds will be deposited within 24 hours into an account designated for the Rochester Land Bank Corporation. A corresponding MUNIS payment entry batch or General Cash Receipt will be recorded in MUNIS when the deposit is made.

2. Cash Disbursements - All invoices are reviewed by the Executive Director. The Executive Director will cause a contract or direct pay request to be processed through MUNIS for payment of invoices. All disbursements require two authorized approvers, and must be routed through workflow in MUNIS. The authorized approvers are the Executive Director, and Treasurer. All disbursement checks will be printed on City of Rochester check stock, and contain the signatories of the City Treasurer and Director of Finance. The checks will be distributed and mailed by the City of Rochester’s Bureau of Treasury.

3. Bank Account & Bank Reconciliation - Depository funds of the Rochester Land Bank Corporation shall be held in accounts opened by the Finance Director or City Treasurer of the City of Rochester. Bank statements are reviewed by the Executive Director. All bank accounts shall be reconciled on a monthly basis by the City of Rochester’s Department of Finance, Bureau of Accounting. Any differences between bank balances and general ledger accounts should be researched and explained. The City of Rochester’s Finance Department, Bureau of Accounting will perform any correcting entries needed to reconcile bank and book transactions. A summary of account activity will be provided by the board treasurer to the board of directors at their monthly meetings.

4. Procurement - The Rochester Land Bank Corporation will follow its adopted procurement procedures, utilizing the City of Rochester’s procurement system. As such all purchasing forms (such as requisitions and purchase orders) should be designed to include specific details about the items or services to be purchased including quantity, costs, model numbers, terms of sale , availability of appropriations, and approvals to purchase.

If required, an accident report shall be filed no later than 24 hours after the incident.

ROCHESTER LAND BANK CORPORATION

INVESTMENT POLICY

I.    INVESTMENT AND DEPOSIT POLICY (9-17-2013)

A.    Introduction.

1. Scope – This investment and deposit policy applies to all monies and other financial resources available for investment and deposit on its own behalf or for any other entity or individual.

2. Objectives – The primary objectives of the Rochester Land Bank Corporation’s (“the Corporation”) investment activities are, in priority order:

a. to conform to all federal, state and other legal requirements (legal);

b. to adequately safeguard principal (safety);

c. to provide sufficient liquidity to meet all operating requirements (liquidity); and

d. to obtain a reasonable rate of return (yield).

3. Prudence – All participants in the investment process and all participants responsible for depositing the Corporation’s funds shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair confidence in the Corporation.

Investments and deposits shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal and the probable income to be derived.

All participants involved in the investment process and all participants responsible for depositing the Corporation’s funds shall refrain from personal business activity that could conflict with proper execution of the investment program or the deposit of the Corporation’s funds or which could impair their ability to make impartial investment decisions.

4. Diversification – It is the policy of the Corporation to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling.

5. Internal Controls

a. All monies collected by an officer or employee of the Corporation shall be immediately deposited in such depositories as designated by the Corporation for the receipt of such funds.

b. The Corporation shall maintain or cause to be maintained a proper record of all book, notes, securities or other evidences of indebtedness held by the Corporation for investment and deposit purposes.

c. The Corporation shall establish and maintain an internal control structure to provide reasonable, but not absolute, assurance that: (i) deposits and investments are safeguarded against loss from unauthorized use or disposition, (ii) transactions are executed under management’s authorization and recorded properly and (iii) all deposits, investments and transactions are managed in compliance with applicable laws and regulations.

6. Designation of Depositories – The Corporation shall designate as depositories of its money those banks and trust companies authorized to serve as such under applicable law.

B. Investment Policy.

1. Permitted Investments – Pursuant to Section 512 of the Not-For-Profit Corporation Law (“NPCL”), the Corporation may invest monies not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following investments:

a. Special time deposit accounts;*

b. Certificates of deposit;*

c. Obligations of the United States of America;**

d. Obligations guaranteed by agencies of the United States of America where payment of principal and interest are guaranteed by the United States of America;**

e. Obligations of the State of New York;*

* Special time deposit accounts and certificates of deposit are permitted investments provided that (1) they shall be payable within such time as the proceeds shall be needed to meet expenditures for which the monies were obtained, and (2) they are collateralized as set forth in Section C below for deposits of public funds.

** All investment obligations shall be payable or redeemable at the option of the Corporation within such times as the proceeds will be needed to meet expenditures for purposes for which monies were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Corporation within two years of purchase.

2. Authorized Financial Institutions and Dealers – The Corporation shall maintain a list of financial institutions and dealers, approved for investment and establish appropriate limits to the investments which can be made with each financial institution or dealer. All financial institutions with which the Corporation conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Corporation. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Executive Director or Treasurer shall evaluate the financial position and maintain a list of proposed depositories, trading partners and custodians. Such listing shall be evaluated at least annually.

3. Purchase of Investments – The Corporation may contract for the purchase of investments:

a. Directly, including through a repurchase agreement, from an authorized trading partner.

b. By participation in a cooperative investment program with an authorized governmental entity under the NPCL where such program meets all the requirements in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board.

c. By utilizing an ongoing investment program with an authorized trading partner under a contract authorized by the governing board.

All purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only under prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Corporation by the bank or trust company and shall be held under a written custodial agreement as described in the NPCL.

The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the Corporation, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the Corporation a perfected interest in the securities.

4. Repurchase Agreements – Repurchase agreements are authorized subject to the following restrictions:

a. All repurchase agreements must be entered into subject to a Master Repurchase Agreement.

b. Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers.

c. Obligations shall be limited to obligation of the United States of America and obligations guaranteed by agencies of the United States of America.

d. No substitution of securities will be allowed.

e. The custodian shall be a party other than the trading partner.

C. Deposit Policy.

1. Collateralization of Deposits – All deposits of the Corporation, including certificates of deposit and special time deposits, over the amount insured under the Federal Deposit Insurance Act shall be secured:

a. By pledge of “eligible securities” with an aggregate “market value” as provided by the NPCL, equal to the aggregate deposits from the categories designated in Exhibit A attached hereto.

b. By an eligible “irrevocable letter of credit” issued by a qualified bank other than the bank with the deposits in favor of the Corporation for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank in compliance with applicable federal minimum risk-based capital requirements.

c. By an eligible surety bond payable to the Corporation for an amount at least equal to 100% of the aggregate deposits and the agreed upon interest executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. The terms and conditions of any eligible surety shall be approved by the governing board.

2. Safekeeping and Collateralization – Eligible securities used for collateralizing deposits shall be held by the depository bank or trust company subject to security and custodial agreements.

The security agreement shall provide that eligible securities are being pledged to secure the Corporation deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events, which will enable the local government to exercise its rights against the pledged securities. If the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Corporation or its bank.

The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the Corporation, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or became part of backing for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the Corporation a perfected interest in the securities.

Exhibit A

SCHEDULE OF ELIGIBLE SECURITIES

(1) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest by the United States of America, an Agency thereof or a United States government sponsored corporation.

(2) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank and the African Development Bank.

(3) Obligations partially insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation or such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public monies.

(4) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district, or district corporation or such State obligations of any public benefit corporation which under a specific State stature may be accepted as security for deposit of public monies.

(5) Obligations issued by states (other than the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

(6) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

(7) Obligations of countries, cities and other governmental entities of a state other than the State of New York having the power to levy taxes backed by the full faith and credit of such governmental entity and rated in one of the three highest categories by at least one nationally recognized statistical rating organization.

(8) Obligations of domestic corporations rated one of the two highest rating categories by at least one nationally recognized statistical rating organization.

(9) Any mortgage-related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies.

(10) Commercial paper and bankers’ acceptances issued by a bank, other than the Bank, rated in the highest short-term category by at least one nationally recognized statistical rating organization and having maturities of not longer than 60 days from the date they are pledged.

(11) Zero Coupon obligations of the United States government marketed as “Treasury strips”.

INVESTMENT GUIDELINES OF THE ROCHESTER LAND BANK CORPORATION (9-21-2015 amended 1-21-2016)

Pursuant to the Banking Resolution of the Rochester Land Bank Corporation, adopted December 19, 2013, the Corporation intends that the depository funds of the Corporation shall be held in accounts opened by and maintained by the Finance Director and the Treasurer of the City of Rochester.

I. Permitted Investments – Pursuant to Section 512 of the Not-For-Profit Corporation Law (“NPCL”), the Corporation may invest monies not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following investments:

A. Special time deposit accounts;*

B. Certificates of deposit;*

C. Obligations of the United States of America;**

D. Obligations guaranteed by agencies of the United States of America where payment of principal and interest are guaranteed by the United States of America;**

E. Obligations of the State of New York;*

Schedule of Eligible Securities is included as Exhibit A of this report.

II. Security Procedures and Provisions

A. Collateralization of Deposits – All deposits of the Corporation, including certificates of deposit and special time deposits, over the amount insured under the Federal Deposit Insurance Act shall be secured:

1. By pledge of “eligible securities” with an aggregate “market value” as provided by the NPCL, equal to the aggregate deposits from the categories designated in Exhibit A attached hereto.

2. By an eligible “irrevocable letter of credit” issued by a qualified bank other than the bank with the deposits in favor of the Corporation for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations

3. Are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank in compliance with applicable federal minimum risk-based capital requirements.

4. By an eligible surety bond payable to the Corporation for an amount at least equal to 100% of the aggregate deposits and the agreed upon interest executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. The terms and conditions of any eligible surety shall be approved by the governing board.

B. Safekeeping and Collateralization – Eligible securities used for collateralizing deposits shall be held by the depository bank or trust company subject to security and custodial agreements.

III. Written Contracts
The Corporation shall enter into written contracts pursuant to which investments are made, unless the Corporation shall by resolution determine that a written contract is not practical or that there is not a regular business practice of written contracts with respect to a specific investment or transaction, in which case the corporation shall adopt procedures covering such investment or transaction. Such contracts and procedures shall include provisions:

     A.    Deemed necessary and sufficient to secure in a satisfactory manner the corporation's financial interest in each investment;
      B.    Covering the use, type and amount of collateral or insurance for each investment;
     C.    Establishing a method for valuation of collateral, and procedures for monitoring the valuation of such collateral on a regular basis;
     D.    For the monitoring, control, deposit and retention of investments and collateral which shall include, in the case of a repurchase agreement, a requirement that the obligations purchased be physically delivered for retention to the corporation or its agent (which shall not be an agent of the party with whom the corporation enters into such repurchase agreement), unless such obligations are issued in book-entry form, in which case the corporation shall take such other action as may be necessary to obtain title to or a perfected security interest in such obligations.

IV. Diversification
It is the policy of the Corporation to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling. The following are designated as depositories of the City's money, and the City Treasurer may deposit moneys received by the City in such depositories up to the specified maximum amounts:

Depository Name	Maximum Amount
JP Morgan Chase Bank, N.A	$250,000,000
Bank of America	$175,000,000
Manufacturers & Traders Trust Company	$150,000,000
Key Bank	$150,000,000
Citizens Bank	$150,000,000
First Niagara Bank	$150,000,000
Five Star Bank	$30,000,000
Upstate National Bank	$3,750,000

V. Qualifications of Investment Agents and Advisors
A. Authorized Financial Institutions and Dealers – The Corporation shall maintain a list of financial institutions and dealers, approved for investment and establish appropriate limits to the investments which can be made with each financial institution or dealer. All financial institutions with which the Corporation conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Corporation. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Executive Director or Treasurer shall evaluate the financial position and maintain a list of proposed depositories, trading partners and custodians. Such listing shall be evaluated at least annually.

B. Pursuant to Section 8-3 of the Code of the City of Rochester, it is hereby declared to be impracticable to obtain by competitive contract the services of a financial and transfer agent for the City of Rochester in the City of New York, and the Purchasing Agent is hereby authorized to obtain without competitive bidding the services of the Manufacturer's Hanover Trust Company of New York, heretofore designated as transfer agent by the Council, to render services as the City's financial and transfer agent at a cost not to exceed $6,500 a year.

VI. Reporting and Audit.
A. The corporation shall make provisions for an annual independent audit of all investments, the results of which shall be available to the board at the time the annual review and approval of investment guidelines is conducted by the corporation.

B. The corporation shall annually prepare and approve an investment report which shall include the investment guidelines, as specified in subdivision three of Section 2925 of the Public Authorities Law; amendments to such guidelines since the last investment report; an explanation of the investment guidelines and amendments; the results of the annual independent audit; the investment income record of the corporation and a list of the total fees, commissions or other charges paid to each investment banker, broker, agent, dealer and adviser rendering investment associated services to the corporation since the last investment report. Such investment report may be a part of any other annual report that the corporation is required to make.

Exhibit A

SCHEDULE OF ELIGIBLE SECURITIES

(3) Obligations partially insured or guaranteed by any Corporation of the United States of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty.

(4) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation or such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys.

(6) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

(7) Obligations of countries, cities and other governmental entities of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest categories by at least one nationally recognized statistical rating organization.

(8) Obligations of domestic corporations rated one of the two highest rating categories by at least one nationally recognized statistical rating organization.

(9) Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies.

(10) Commercial paper and bankers’ acceptances issued by a bank, other than the Bank, rated in the highest short term category by at least one nationally recognized statistical rating organization and having maturities of not longer than 60 days from the date they are pledged.

(11) Zero Coupon obligations of the United States government marketed as “Treasury strips”.

NON-DISCRIMINATION POLICY (2-20-2014)

A. General Policy

The Rochester Land Bank Corporation (“RLBC”) does not discriminate on the basis of actual or perceived age, race, creed, religion, color, national origin, gender, sexual orientation, disability, marital status, alienage or citizenship in employment or in its programs or activities.

The RLBC shall include these policy statements in all bid documents, contracts, and leases.

B. RLBC’s Contractors, Lessors, Vendors and Suppliers

1. RLBC’s contractors, lessors, vendors and suppliers shall not discriminate on the basis of actual or perceived age, race, creed, religion, color, national origin, gender, sexual orientation, disability, marital status, alienage or citizenship in the performance of services or programs pursuant to agreement with RLBC.

2. RLBC’s contractors, lessors, vendors and suppliers shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) popularly known as the Fair Housing Act, which prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including otherwise making unavailable or denying a dwelling unit to any person because of race, color, religion, sex or national origin, and shall comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a).

3. RLBC’s contractors, lessors, vendors and suppliers shall make known that the services or programs available pursuant to agreement with RLBC are available to all on a nondiscriminatory basis and ensure that all citizens have equal access to information about the services or programs pursuant to this agreement. RLBC’s contractors, lessors, vendors and suppliers must take reasonable steps to ensure meaningful access to programs to persons with limited English proficiency (LEP) including but not limited to providing language assistance or ensuring that program information is available in the appropriate languages for the geographic area served by the program and that LEP persons have meaningful access to services or programs pursuant to this agreement, in accordance with the “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons” (72 Federal Register 2732; January 22, 2007). In addition, all notices and communications shall be provided in a manner that is effective for persons with hearing, visual, and other communication related disabilities consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6.

Residential Occupant Management and Relocation Policy (3-24-2014)

I. PURPOSE. The mission of the Rochester Land Bank Corporation (the “Land Bank”) is to acquire, manage and dispose of vacant, abandoned, underutilized, and tax-delinquent properties in order to restore them to productive use consistent with City of Rochester (“City”) development policies and strategies. In most instances, the acquisition and management of real property that is not occupied by residents will be better suited to the Land Bank’s redevelopment and the occupancy of the Land Bank’s residential projects will commence only after the Land Bank conveys property title to another entity. In some instances, however, the Land Bank may, intentionally or unintentionally, acquire or manage real property that is or will be occupied by residents. Therefore, the purpose of this Residential Occupant Management and Relocation Policy (“Policy”) is to set forth guidelines to be followed when the Land Bank’s real property is or may be occupied by residents.

II. RESIDENTIAL OCCUPANTS. The Land Bank shall allow residential occupation during its ownership of a particular parcel of real property only after the Board determines that such an arrangement is the best means to advance the Land Bank’s mission with regard to a particular project and only after evaluating and weighing the Land Bank’s assets and capabilities against the full cost and complete set of tasks required to develop and manage a residential project. For each such project, the Land Bank shall prepare and execute the agreements, leases and other documents necessary to assign each function and allocate all costs involved in developing and operating the residential project in accord with the Land Bank’s applicable laws, policies, and agreements.

III.    UNAUTHORIZED RESIDENTS. Absent the Board’s authorization of residential occupancy in accordance with Section II of this Policy, the Land Bank shall prevent new residents and remove existing residents from occupying the real property that it owns by using such measures that it determines to be appropriate under the circumstances and in accordance with Land Bank laws, policies, guidelines and agreement. Such measures may include but are not limited to:
    A.    Inspecting the premises for the presence of occupants prior to and/or              after acquiring real property.
    B.     Boarding up doors and windows, posting signs, or taking other measures to secure     buildings against trespassers.
C.    Notifying and requesting residents to vacate the premises voluntarily and, where appropriate, referring them to The Housing Council at Pathstone, Inc. or some other housing or social service provider for assistance in finding alternative housing.
    D.    If resident(s) do not leave the premises, commencing eviction proceedings in         court.

The inspection, security, notification and legal eviction measures specified above shall be performed by City agencies pursuant to the five-year Shared Services Agreement between the Land Bank and the City entered into in February 2014, and in accordance with any subsequent renewals of such agreement. If the Shared Services Agreement lapses or is not applicable to activities required under this Policy, the Executive Director shall engage such Land Bank employees, agents or contractors as she deems appropriate.

POLICY GOVERNING THE DISPOSITION OF PERSONAL PROPERTY
BY THE ROCHESTER LAND BANK CORP. (4-30-2014)

The disposition of personal property by the Rochester Land Bank Corp., herein referred to as the Land Bank, shall be governed by the general guidelines set forth in this Policy, and shall at all times be consistent with the provisions of Article 16 of the NYS Not-for-Profit Corporation Law (the “Land Bank Act”), applicable provisions of NYS Public Authorities Law (“PAL”) and NYS Not-for-Profit Corporation Law (“N-PCL”), and all applicable Federal, State, and local laws, rules, regulations and ordinances. This Policy shall apply to any disposal, transfer or conveyance of personal property of the Land Bank. This Policy addresses rules governing the permissible methods and notice disposition of High Value Personal Property under PAL §§ 595-97, as well as the legal requirements governing the disposition of personal property without regard to its value. Another policy of the Land Bank governs the disposition of real property.

1. DEFINITIONS.
A. "Contracting Officer" shall mean the person responsible for the Land Bank's compliance with, and enforcement of, this Policy; the Land Bank Board has designated the Executive Director of the Land Bank to serve as Contracting Officer.

B. "Dispose," "disposal" or “disposition” shall mean transfer of title or any other beneficial
interest in personal property.

C. "Personal property" shall mean everything, except money and negotiable instruments of a set value and real property, which may be the subject of ownership, including without limitation movable household belongings, equipment, vehicles and contractual rights.

D.    “High Value Personal Property” shall mean personal property exceeding five thousand dollars ($5,000) in value.

2.     GENERAL DUTIES, INVENTORIES, REPORTS.
A.     Pursuant to PAL §2896(2), the Land Bank shall:
(1)    Maintain adequate inventory controls and accountability systems for all High Value Personal Property owned by the Land Bank and under its control;
(2)    Periodically inventory such High Value Personal Property to determine which property may be disposed of;
(3)    Produce a written report of such inventory in accordance with Subsection 2(B) of this Policy; and
(4)    Transfer or dispose of such High Value Personal Property as promptly as possible in accordance with this Policy.

B.    Inventories and Reports. The Land Bank shall:
(1)    Under PAL §2896(3), publish, not less frequently than annually, a report that, in addition to matters related to real property, includes a list and full description of all High Value Personal Property disposed of during such period, the price or other consideration received by the Land Bank, and the name of the transferee; and
(2)    Deliver copies of such report to all agencies required by law including the Comptroller of the State of New York, the Director of the Budget of State of New York, the Commissioner of the New York State Office of General Services, the Director of the Authority Budget Office and the New York State Legislature (via distribution to the Majority Leader of the Senate and the Speaker of the Assembly).
(3)    Maintain and make available for public review and inspection a complete inventory of all High Value Personal Property dispositions by the Land Bank. Such inventory shall include a complete copy of the sales contract including all terms and conditions including, but not limited to, any form of compensation received by the Land Bank or any other party which is not included within the sale price. Copies may be kept in original form, electronically, or in both forms. All High Value Personal Property dispositions shall be listed on this inventory within one week of disposition. Such records shall remain available for public inspection in the property disposition inventory indefinitely.
(4)    Keep separate account of and issue an annual report on Specified Purpose Property pursuant to N-PCL §513, as provided for in Subsection 4(C) of this Policy.

C. Appraisal. The Land Bank shall have an independent appraiser perform an appraisal of the value of High Value Personal Property, and of personal property that has a reasonable potential to exceed five thousand dollars ($5,000.00) in value, if the personal property is not readily valued by reference to an active market due to its unique nature or due to the unique circumstances of the proposed transaction. The Land Bank may have an independent appraisal performed for any other personal property as it shall deem necessary or prudent to abide by this Policy or to advance the Land Bank’s mission. Appraisal services shall be provided or paid for by the City of Rochester Division of Real Estate pursuant to Shared Services Agreement §1.C.

3. DISPOSITION GENERALLY.
A. Purpose. The Land Bank shall have the right to dispose of its personal property for any valid purpose and subject to the terms of this Policy. The Land Bank may convey personal property with or without warranty, and upon such other terms and conditions as the Land Bank or the Contracting Officer deems proper.

B. Supervision and Direction. Except as otherwise provided herein, the Contracting Officer shall have supervision and direction over the disposition and sale of personal property of the Land Bank. The Board delegates to the Contracting Officer the authority to enter into and execute agreements, instruments of conveyance and all other related documents pertaining to the conveyance of personal property by the Land Bank and to take such other action as is necessary or proper to dispose of personal property under the provisions of this Policy . In the event that the Executive Director is unavailable, unable, or unwilling to carry out this responsibility, the Board President shall have authority to act in this capacity.

C. Custody and Control. The custody and control of Land Bank personal property, pending its disposition, shall be performed or supervised by the Contracting Officer.

D. Consideration.

(1) Value/Amount. After abiding by the procedures and considering the factors specified in this Policy, the sufficiency of the consideration shall be determined by the Land Bank in its sole discretion. The Land Bank will consider both the fair market value of personal property and the Property Costs in determination of consideration for each property. “Property Costs” shall mean the aggregate costs and expenses of the Land Bank attributable to the specific personal property being sold, including costs of acquisition, maintenance, repair, storage, marketing, and legal expenses as well as the indirect costs of the operations of the Land Bank allocable to the property. The Land Bank shall not dispose of personal property for less than fair market value except as provided for in Section 7 of this Policy.

(2) Form. The consideration to be provided by the transferee may take the form of monetary payments and secured financial obligations, deferred financing, performance of contractual obligations, imposition of restrictive covenants, or other obligations and responsibilities of the transferee, or any combination thereof, and such other forms of consideration as are consistent with state and local law. The Land Bank may consider alternative financing options as a method of disposition.

E. Validity of Transfer Instrument. A bill of sale, lease, or other instrument executed by or on behalf of the Land Bank, purporting to transfer title or any other interest in property of the Land Bank in accordance herewith shall be conclusive evidence of compliance with the provisions of this Policy and all applicable law insofar as concerns title or other interest of any bona fide grantee or transferee who has given valuable consideration for such title or other interest and has not received actual or constructive notice of lack of such compliance prior to transfer of title of such property.

4. SPECIFIED PURPOSE PROPERTY.
As a Type C not-for-profit corporation and pursuant to N-PCL §513, the Land Bank shall hold full ownership rights in personal property of any kind that may be given, granted, bequeathed or devised to or otherwise vested in the Land Trust in trust for, or with a direction to apply the same to, any purpose specified in the Land Bank’s certificate of incorporation (“Specified Purpose Property”).

A. Not Trustee. The Land Bank and shall not be deemed a trustee of an express trust of Specified Purpose Property.

B. Application. Except as may be otherwise permitted under Article 8 of the NYS Estates, Powers and Trusts Law or N-PCL §555 (regarding release or modification of restrictions on management, investment, or purpose), the Land Bank Board shall apply all Specified Purpose Property to the purposes specified in the gift instrument and to the payment of the reasonable and proper expenses of administration of such property.

C. Accounting and Reporting. Pursuant to N-PCL §513, the Land Bank shall cause to be kept accurate accounts of its Specified Purpose Property separate and apart from the accounts of the Land Bank’s other assets. Unless the terms of the particular instrument conveying the Specified Purpose Property provide otherwise, the Land Bank treasurer shall make an annual report to the Board concerning such property, the use made, and the income thereof.

D.    Disposal. Specified Purpose Property shall be disposed:
     (1)    in accordance with the instructions, if any, contained in the instrument conveying such property to the Land Bank;
     (2)    in a manner that does not substantially interfere with the purpose set forth in the instrument conveying such property to the Land Bank; and
     (3)    if the Specified Purpose Property consists of personal property exceeding five thousand dollars ($5,000.00) in value (i.e., Specified Purpose Property that is also High Value Personal Property in accordance with a method provided for under Section 5 of this Policy, but only to the extent doing so does not contradict the instructions and purposes set forth in the instrument conveying such property to the Land Bank.

5. ABANDONED PROPERTY
Any personal property found on real property acquired by the Land Bank, other than personal property that has been conveyed to the Land Bank under the terms of the contract, deed or other instrument conveying the real and/or to the Land Bank, shall be deemed “Abandoned Property” under this Section of the Policy . The Land Bank shall provide the former owner or possessor of recoverable Abandoned Property with the opportunity to claim it. If the Abandoned Property is not claimed, then the Land Bank shall dispose of it in accordance with this Policy and other applicable laws. At present, compliance with these requirements is implemented by the City of Rochester Division of Real Estate and the City’s Department of Environmental Services pursuant to a five-year Shared Services Agreement between the City and Land Bank approved in February 2014. If that Shared Services Agreement or the abandoned property arrangements being implemented thereunder are modified or revoked, the Land Bank shall make other arrangements to abide by the Abandoned Property provisions of this Policy.

A. Vacating Real Property. Occupants and/or former owners of real property acquired by the Land Bank shall be given reasonable opportunity to remove personal property prior to vacating the real property in accordance with the City’s tax foreclosure eviction procedures and State and local law.

B. Identifying and Managing Recoverable Property. After real property is acquired by the Land Bank and as part of the property management requirements of the Land Bank’s Policy Governing the Acquisition of Real Property, Recoverable Abandoned Property shall be identified and, to the extent practicable, secured either on-site or in off-site storage. For purposes of this Policy, “Recoverable Abandoned Property” is the Abandoned
Property that remains after the following abandoned items are removed:

(1) Personal property that is so damaged, corroded, decayed or nonfunctional and personal property that is otherwise of such insignificant value that, in the judgment of property management personnel that is exercised in accordance with State and local laws and the City’s eviction procedures, such property should be discarded because it is not legally required nor reasonably beneficial to seek out and provide the property’s former owner with an opportunity to claim it;

(2) Hazardous substances or other substances, materials, or devices that pose a
threat to human health or the environment, or cause or threaten to cause a public
nuisance, or may harm or decrease the value of the real premises where it is found;

(3) Illegal drugs or other contraband;

(4) Perishables; or

(5) Refuse.

C. Opportunity to Reclaim. In the event that Recoverable Abandoned Property is found on
vacant real property owned by the Land Bank, the former owner or occupant shall be provided with the opportunity to reclaim such property in accordance with the following provisions:

(1)     Notice and Opportunity. Reasonable diligence shall be used to identify and notify the former owner or occupant of the premises that is most likely to be the owner of the Recoverable Abandoned Property. Once identified and located, such person or
persons shall be provided with a notice that:
i.     describes the Recoverable Abandoned Property;
ii.     provides the recipient with at least thirty (30) days to reclaim it;
iii.    if applicable, notifies the recipient of any special containers, equipment, or vehicles that will be required to take possession of and remove the Abandoned Personal Property;
iv.     if applicable, specifies and describes the basis for storage, transport and/or other fees that the recipient will be required to pay in order to reclaim the property; only those fees that are assessed and collected in compliance with State or local law and in accordance with the City’s standard eviction procedures and practices shall be assessed;
v.     notifies the recipient that he or she will lose all rights in the Recoverable Abandoned Property if it is not reclaimed and removed by the deadline and in the manner specified above; and
vi.     contains any other information that is required by State or local law or that the City provides in its standard abandoned property notices.

(2) Unclaimed Property. Recoverable Abandoned Property that goes unclaimed after completing the notice and opportunity process under Paragraph 5(C)(1) of this Policy shall be deemed “Unclaimed Property” that becomes the personal property of Land Bank and shall be disposed of in accordance with this Policy.

D. Disposition Options. Unclaimed Property may be used or disposed of by the Land Bank by one of the methods described below or by any other method that the Land Bank desires, provided that, regardless of the method chosen, the use or disposition is implemented in a manner that complies with this Policy. Unclaimed Property that is worth more than five thousand dollars ($5,000) must be disposed of in accordance with the additional procedures for High Value Personal Property, as specified in Section 6 of this Policy.

(1) Use. If the Unclaimed Property has some usefulness to the purpose, mission, or operations of the Land Bank that equals or exceeds its estimated fair market value, the Land Bank may incorporate the Unclaimed Property into its operations for the use desired. For purposes of illustration and without limitation, an unclaimed furnishing may be incorporated into the redevelopment or renovation of the building where it was
abandoned.

(2) Surplus Property Auction. Pursuant to Shared Services Agreement §1.D, Unclaimed Property may be auctioned by the City on the Land Bank’s behalf through the surplus property auctions that are conducted by private contractors under contract with and under the supervision of the City Finance Department’s Bureau of Purchasing.

6. PERSONAL PROPERTY EXCEEDING $5000 IN VALUE
The Land Bank shall dispose of High Value Personal Property by one of the following methods. These requirements shall not apply to personal property valued at five thousand dollars or less.

A. Public Auction. The Land Bank may dispose of High Value Personal Property by auction:

(1)    By publicly advertising the auction, publicly disclosing all bids, and award of the property in accordance with the three procedures required for sealed bidding as set forth in Subparagraphs 6(B)(1), (2), and (3) of this Policy, below;
(2)      Under PAL § 2897(6)(c)(ii), without the public advertising, disclosure and award processes set forth in Subparagraphs 6(B)(1),(2), and (3) of this Policy, below, provided that the fair market value does not exceed fifteen thousand dollars ($15,000);
(3)    Under PAL § 2897(6)(c)(i), without the public advertising, disclosure and award processes set forth in Subparagraphs 6(B)(1),(2), and (3) of this Policy, below, when the property has qualities separate from its utilitarian purpose, such as artistic quality, antiquity, historical significance, rarity, or other quality of similar effect, that would tend to increase its value, or the is to be sold in such quantity that, if it were disposed by auction in accordance with Paragraph 6(A)(1) or by sealed bid in accordance with Subsection 6(B) of this Policy , would adversely affect the state or local market for such property, and the estimated fair market value of such property and other satisfactory terms of disposal can be obtained by a less elaborate auction process;
(4)    Under PAL § 2897(6)(c)(iii), when the bid prices after advertising therefor are not reasonable, either as to all or part of the property, or have not been independently arrived at in open competition; or
(5)    Under PAL § 2897(6)(c)(vi), without the public advertising, disclosure and award processes set forth in Subparagraphs 6(B)(1),(2), and (3) of this Policy as set forth below, when such transaction is otherwise authorized by law.

In all instances, the Land Bank shall conduct the auction, including soliciting qualified bidders and communicating the terms of sale, in a manner designed to obtain as much competition as feasible under the circumstances.

B.    Sealed Bid. Under Public Authorities Law § 2897(6)(a) and (b), the Land Bank may dispose of High Value Personal Property to any qualified purchaser by sealed bids provided that:
(1)    The public advertisement for bids shall be made at such time prior to the disposal or contract, through such methods, and on such terms and conditions as shall permit full and free competition consistent with the value and nature of the property;
(2)    All bids shall be publically disclosed at the time and place stated in the advertisement; and
(3)    The award shall be made with reasonable promptness by notice to the responsible bidder whose bid conforms to the invitation for the bid and is most advantageous to the state, after considering price and other relevant factors; provided that all bids may be rejected when it is in the public interest to do so.

C. Transfers to Governmental or Public Entities. Under PAL§ 2897(6)(c)(iii), Land Bank may convey High Value Personal Property to governmental or public entities, without undergoing an auction or sealed bid process, provided that the consideration provided to the Land Bank meets or exceeds the estimated fair market value and subject to other satisfactory terms of disposal as determined by negotiation. If the terms and conditions of the transfer require that the ownership and use of the asset will remain with the governmental or public entity, High Value Personal Property may be disposed of for less than fair market value in accordance with Paragraph 7(A)(1) of this Policy.

D. Negotiation. The Land Bank may dispose of High Value Personal Property by negotiation and without soliciting offers via the auction or sealed bid process as provided for above, under any one of the six circumstances described in Subparagraphs 6(D)(1)(i) through (vi), below, provided that the Land Bank solicits such competition as is feasible under the circumstances and, where applicable, files a property disposition notice at least ninety days in advance of the transaction as provided for in Paragraph 6(D)(2) below.

(1) Disposition by negotiation is permissible:

i. under PAL § 2897(6)(c)(i), when the High Value Personal Property involved has qualities separate from its utilitarian purpose, such as artistic quality, antiquity, historical significance, rarity, or other quality of similar effect, that would tend to increase its value, or the High Value Personal Property is to be sold in such quantity that, disposition by auction in accordance with Paragraph 6(A)(1) or by sealed bid in accordance with Subsection 6(B) of this Policy would adversely affect the state or local market for such property, and the estimated fair market value of such property and other satisfactory terms of disposition can be obtained by negotiation;

ii. under PAL § 2897(6)(c)(ii), when the fair market value of the High Value Personal Property does not exceed fifteen thousand dollars ($15,000.00);

iii. under PAL § 2897(6)(c)(iii), when bids obtained after advertising are not reasonable or have not been arrived at in open competition;

iv. under PAL § 2897(6)(c)(v) and (7)(a)(ii), when the purpose of the disposal is within the purpose, mission, or governing statute of the Land Bank;

v. under PAL § 2897(6)(c)(vi), when such action is otherwise authorized by law; or

vi.    under PAL § 2897(6)(c)(iv), when the High Value Personal Property is conveyed to the State or a political subdivision in accordance with Subsection 6(C) above.

(2)    Property Disposition Notice.
Under PAL §2897(6)(d), an explanatory statement shall be prepared and filed at least ninety (90) prior to each disposal by negotiation of:

i. High Value Personal Property which has an estimated fair market value in excess of fifteen thousand dollars ($15,000.00); or
ii. Any real property and related High Value Personal Property disposed of by exchange, regardless of value, or any High Value Personal Property any part of the consideration for which is real property.

The explanatory statement shall be transmitted not less than ninety (90) days prior to the disposition to the New York State Comptroller, the Director of the Budget, the Commissioner of General Services, the Public Authorities Budget Office, and the Legislature. A copy of the explanatory statement shall be preserved in the files of the Land Bank.

7. Disposal of Personal Property for Less than Fair Market Value

A. When Permissible. The Land Bank may dispose of personal property for less than fair market value, subject to the information notice and Board review requirements of Subsections 7(B) and (C) of this Policy when the property at issue is High Value Personal Property, if:

(1) Under PAL § 2897(7)(a)(i), when the disposal is to a governmental or other public entity, and the terms and conditions of the transfer require that the ownership and use of the personal property will remain with the governmental or any other public entity; or
(2) Under PAL§ 2897(7)(a)(ii), when the purpose of the disposal is within the purpose, mission, or governing statute of the Land Bank.

B.    Information Notice. In the event that the proposed below fair market value transfer involves High Value Personal Property, the following information must be provided to the Board and the public under PAL§ 2897(7)(b):
1.    A full description of the asset;
2.    An appraisal of the fair market value of the asset, and any other information establishing the fair market value sought by the Board;
3.    A description of the purpose of the transfer, and a reasonable statement of the kind and amount of the benefit to the public resulting from the transfer including but not limited to the kind, number, location, wages or salaries of jobs created or preserved as required by the transfer, the benefits to the communities in which the asset is situated as required by the transfer;
4.    A statement of the value received compared to the fair market value; and
5.    The names of any private parties participating in the transfer, and if different than the statement under Paragraph B(4) of this Section, above, a statement of the value to the private party; and
6.    The names of other private parties who have made an offer for such asset, the value offered, and the purpose for which the asset was sought to be used.

C.    Board Review: In the event that the proposed below fair market value transfer involves High Value Personal Property, the Board shall consider the information described in Paragraph 7(B) of this Policy and make a written determination by resolution that there is no reasonable alternative to the proposed below market transfer that would achieve the same purpose of such transfer.

8.    Disposition by Commissioner of General Services
If the Board deems that disposition of personal property by the Commissioner of General Services will be advantageous to the Land Bank and the State of New York, the Land Bank may enter into an agreement with the Commissioner of General Services whereby the Commissioner may dispose of personal property of the Land Bank under terms and conditions agreed to by the Land Bank and the Commissioner of General Services. In disposing of any such property of the Land Bank, the Commissioner of General Services shall be bound by the terms of PAL §§ 2895 - 2897, and references to the Contracting Officer therein and in this Policy shall be deemed to refer to the Commissioner of General Services.

9. Transferees’ Responsibilities
Unless otherwise approved by the Board and specified in a bill of sale or other written instrument executed by the Land Bank, the transferee shall accept personal property from the Land Bank in “as is” condition, and shall agree to assume and undertake any and all liability and expense resulting from the presence of hazardous substances or pollutants of any kind within or on the personal property.

10. Disposition of Proceeds of Sale
Any proceeds from the sale or transfer of personal property by the Land Bank shall be retained, expended, or transferred by the Land Bank as determined by the Board in the best interests of the Land Bank and in accordance with the Land Bank Act and this Policy.

11. Exceptions to Policy
Any transaction that requires an exception to this Policy governing personal property dispositions shall require the approval of the Land Bank Board, with a description of the exception and the reasons therefor.

12. Annual Review and Amendments of Policy
This Policy is subject to modification and amendment at the discretion of the Board in accordance with the PAL §2800 and N-PCL §520. The Policy shall be reviewed and approved annually by the Land Bank Board. On or before March 31st of each year, the Policy most recently reviewed and approved including the name of the Contracting Officer shall be filed with the State Comptroller and posted on the Land Bank’s website.

PERSONNEL POLICY (02-20-2014)

For the purpose of this Personnel Policy, individuals who are paid employees of the Rochester Land Bank Corporation (“Land Bank”) shall be considered “Personnel.” The term “Personnel” shall not include directors, vendors, service providers or other independent contractors, nor shall the term “Personnel” include City of Rochester employees providing services to the Land Bank.

At the time of adoption of this Personnel Policy, the Land Bank does not have any paid employees. The Executive Director is a City of Rochester employee compensated by the City of Rochester. The Corporation Counsel of the City of Rochester is Counsel to the Land Bank and may assign municipal attorneys to advise and represent the Land Bank. Neither the Corporation Counsel nor any such municipal attorney(s) are paid employees of the Rochester Land Bank Corporation.

This policy is adopted to comply with the Public Authorities Law, and to apply at such time as the Land Bank may hire employee(s).

Implementation of Personnel Policy:

The Board of Directors (“Board”) shall be responsible for the implementation and administration of this policy. The Executive Director shall be responsible for the distribution of the policy and day-to-day oversight of the policy guidelines.

Equal Employment Opportunity:

It is the policy of the Land Bank to grant equal opportunity to all persons without regard to actual or perceived age, race, creed, religion, color, national origin, gender, sexual orientation, disability, marital status, alienage or citizenship. The Land Bank shall comply with all applicable equal employment opportunity requirements.

General Grievance Procedures:

Personnel are assured a fair hearing process for grievances. Employees should first attempt to resolve any problem with their immediate supervisor on an informal basis. If the employee is not satisfied that the problem is properly resolved, the grievance may be referred, in writing, to the Executive Director,; provided, however, that grievances with the Executive Director should be first directed to the Chair of the Board. All grievances will be resolved as expeditiously and confidentially as possible. No employee shall be fired, discharged, demoted, suspended, threatened, harassed or discriminated against because of the employee's role as a whistleblower, insofar as the actions taken by the employee are legal. The Land Bank has adopted a Whistleblower Policy.

Sexual Harassment and Discrimination:

The Land Bank prohibits all forms of sexual harassment and sexual discrimination by personnel, the Executive Director and the Board. Any person who believes that he or she has been harassed or subject to discrimination should use the following the procedure:

•    Carefully consider whether the questionable behavior is truly harassment or discrimination. Accusations of sexual harassment and discrimination should not be taken lightly and are considered serious charges.
•    Confront the offending party and demand that the behavior cease.
•    If the complainant is unwilling or unable to confront the accused directly, he or she should report the behavior to the Executive Director.
•    If the complaint is unresolved after discussions with the Executive Director, the complaint should be reported to the Chair of the Board, to be referred to the Board as necessary.
•    If the complaint is against the Executive Director, it should be referred to the Chair of the Board, to be referred to the Board as necessary.
•    If the complainant is the Executive Director, it should be referred to the Chair of the Board or to a disinterested member of the Board as appropriate, to be referred to the Board as necessary.

Disciplinary Action.

Sexual harassment or sexual discrimination in the workplace by personnel will not be tolerated and:

• Will result in disciplinary action up to, and including, termination. Termination for this reason shall be considered as taken “with cause”; and
• May result in personal liability on the part of the offending employee.

Reporting. The Executive Director shall report any complaint of sexual harassment or discrimination under this Personnel Policy in writing to the Chair of the Board immediately upon receipt of the complaint. Within 10 days of the initial report to the Chair, another report should be made to the Chair with a description of action taken to resolve the complaint.

Appeal Process. Any party that disagrees with the determination made pursuant to the sexual harassment and discrimination provisions of this Personnel Policy shall have the right to appeal within five business days to the Board as a whole, whose decision will be binding on all parties.

Supervisory Responsibility. All Land Bank personnel who hold supervisory authority over other personnel shall take such action as may be needed to prevent sexual harassment and sexual discrimination to or between the employees who they supervise during their employment at the Land Bank.

Conflicts of Interest:

Personnel shall comply with the Land Bank's Code of Ethics/Conflicts of Interest Policy, as such may be amended from time to time.

Expenses:

Employees will be reimbursed for usual and customary expenses incurred while engaged in the duties of employment. The types of expenses that might be reimbursable would include travel expenses in accordance with the Land Bank's Travel Policy.

Confidentiality:

The Land Bank may, at times, be entrusted with confidential and proprietary information. Personnel, including members of the Board, are subject to the Land Bank’s Privacy Policy and are responsible for maintaining these confidences and treating all information received in a confidential manner. Decisions as to the release of information rest with the Executive Director and, ultimately, the Board. Personnel shall not disclose confidential information to the public and are not authorized to speak on behalf of the Land Bank without first obtaining authorization from the Executive Director.

Personnel files are confidential, to be accessed by the Executive Director and the Chair of the Board.

Business Office Hours:

Business office hours will be those of the City of Rochester. Typical office hours are 8:30 a.m. to 5:00 p.m. Monday through Friday.

Attendance:

It is expected that all personnel will report for work during normal working hours. The Executive Director is charged with the responsibility and authority to see that office hours and good business practices are observed.

Dress Code:
Business casual attire is appropriate, as long as it projects a professional image. Employees must use common sense and good judgment in relation to their attire when working in the office, attending meetings or traveling on business.
Injuries/Worker's Compensation:

Regardless of the severity or nature, all injuries incurred on the job must be reported to the Executive Director within one working day.

If required, an accident report shall be filed no later than 24 hours after the incident.

Holidays:

The Land Bank, unless otherwise stipulated, shall observe the holiday schedule of the City of Rochester.

Bereavement Leave:

Bereavement leave shall not exceed four (4) consecutive days of paid leave per instance, upon the death of a spouse, parent or child. A one (1) day paid leave will be granted if the employee attends the funeral of any other family member.

Jury Duty Leave:

Employees serving on juries shall receive normal pay less other compensation which may be received from other sources resulting from such jury duty.

Unpaid Leave of Absence:

An unpaid leave of absence may be considered for personal, family, or medical reasons for a period not to exceed thirty (30) days. Unpaid leaves of absence may be permitted or extended, depending on the reasons and circumstances.

A request for an unpaid leave of absence must be in writing and supported by valid reasons. Approval by the Board is required.

Separation and Termination:

All terminations, both voluntary and involuntary, are coordinated through the Board. The decision to terminate an employee shall be reviewed by the Board.

Withholdings:

The Land Bank shall withhold from the salary of all employees such amounts as may be required by law including, but not limited to, Federal and State income taxes and social security taxes.

THIS POLICY DOES NOT CONSTITUTE A CONTRACT OF EMPLOYMENT. THE LAND BANK HAS THE RIGHT TO AMEND THIS POLICY AT ANY TIME.

ROCHESTER LAND BANK CORPORATION PRIVACY POLICY (9-17-2013)

The Rochester Land Bank Corporation hereby adopts a privacy policy to protect Private Information. Private Information shall be defined as information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

The privacy policy of the Rochester Land Bank Corporation shall restrict the use and/or disclosure of Private Information to the purpose for which it was obtained.

The Land Bank will require such person’s consent for other uses or disclosures.

The Land Bank may collect nonpublic Personal Information about any person from the following sources:

• Information the Land Bank receives from such person, e.g., applications or other forms from the Land Bank’s website.

• Information about such person’s transactions secured from the Land Bank’s files, the Land Bank’s affiliates, or others.

• Information the Land Bank receives from a consumer reporting agency.

• Information that the Land Bank receives from others involved in any real estate transaction.

The Land Bank may disclose the above information that it collects to nonaffiliated third parties as permitted by law for a variety of purposes including:

• Assisting the Land Bank in providing services;

• Helping the Land Bank improve its services; or

• Offering services that may interest others.

The Land Bank also may disclose this information to the those performing services in connection with real estate transactions:

• Financial service providers engaged in banking, consumer finance, securities and insurance;

• Non-financial companies, attorneys, title insurance companies and other real estate service providers; or

• Third party service providers that perform services for the Land Bank in the processing or servicing of real estate transactions.

The Land Bank will not disclose any nonpublic Personal Information about any person with anyone for a purpose that is not specifically permitted by law.

The Land Bank will restrict access to nonpublic Personal Information about any person to those employees who need to know that information in order to provide services to any person. The Land Bank will maintain physical, electronic, and procedural safeguards to protect such person’s nonpublic Personal Information.

ROCHESTER LAND BANK CORPORATION
PROCUREMENT POLICY (2-20-2014, amended 12-18-2014)

SECTION 1. APPLICABILITY, PURPOSES

A. Applicability. This Procurement Policy (“Policy”) shall apply to the procurement of goods and services by the Rochester Land Bank Corporation (“Land Bank”) paid for by the Land Bank for its own use and account.

B. Purpose. The primary objectives of this Policy are to assure the prudent and economical use of public monies in the best interests of the Land Bank, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud, and corruption.

C. Definitions.

1. Minority-Owned Business Enterprise: A for-profit business concern that is certified by New York State as an MBE (http://esd.ny.gov/MWBE.html).

2. Women-Owned Business Enterprise: A for-profit business concern that is certified by New York State as a WBE (http://esd.ny.gov/MWBE.html).

3. Disadvantaged Business Enterprises (DBE): A for-profit business concern that is certified by the New York State Department of Transportation (NYSDOT) as a DBE (https://www.dot.ny.gov/main/business-center/civil-rights/dbe?nd=nysdot).

SECTION 2. PROCEDURES

A. Up to $5,000 per instance. A contract may be awarded in the discretion of the Executive Director, or, in the absence of the Executive Director, the Chair of the Land Bank, or in her/his absence, the authorized designee of the Chair.

B. Greater than $5,000 to $10,000 per instance. Upon receipt of documented oral quotations or written/fax/email quotations from at least three (3) vendors, a contract may be awarded in the discretion of the Executive Director, or, in the absence of the Executive Director, the Chair of the Land Bank, or in her/his absence, the authorized designee of the Chair.

C. Greater than $10,000 per instance. A contract shall be awarded to the lowest responsible bidder in the opinion of the Board.

D. Greater than $15,000 estimated annualized expenditure: Every solicitation for a procurement involving an estimated annualized expenditure in excess of fifteen thousand dollars ($15,000) shall be conducted in accordance with the restrictions on contacts and lobbying rules in accordance with the provisions of the NYS Procurement Lobbying Act contained in Section 139-j of the NYS State Finance Law (“Anti-Lobbying Rule”). Every solicitation for a procurement that is subject to the Anti-Lobbying Rule shall abide by the provisions of Section 139-j, including but not limited to:

[1].    Notifying prospective bidders of the Rules’s restrictions on contacts with the Land Bank during the solicitation and bidding process and shall identify the Executive Director (or another contact person with knowledge of the procurement who is designated by the Executive Director) as the sole Land Bank official authorized to be contacted during the bidding process, and require bids to be accompanied by a written statement acknowledging to committing to abide by such restrictions;
[2].    Requiring the Executive Director or other designated contact to develop and keep in the Land Bank’s procurement file a detailed record of each contact with a bidder regarding procurement.
[3].     Inquiring about and factoring into the review process whether a bidder is a Non-Responsible Offeror. A finding by the Land Bank or some other governmental agency or public authority that a bidder has knowingly and willfully violated the the Anti-Lobbying Rule shall result in a determination of non-responsibility for such bidder and its subsidiaries, and any related or successor entity with substantially similar function, management, board of directors, officers and shareholders (hereinafter, for the purposes of this paragraph “Non-Responsible Offeror.” A procurement contract shall not be awarded to a Non-Responsible Offeror, unless the Executive Director or other designated contact person finds, and confirms such finding in writing, that the award of the procurement contract to such Offerer is necessary to protect public property or public health or safety, and that the Offerer is the only source capable of supplying the required article of procurement within the necessary timeframe.

Unless the Board designates another Boardmember, officer, or employee with regard to a particular procurement, the Chairperson of the Governance Committee of the Board of Directors shall be responsible for reviewing and investigating allegations of impermissible contact during a procurement that is subject to the Anti-Lobbying Rule, and to impose sanctions in instances where violations have occurred in accordance with Section 139-j(9) of the State Finance Law. The Chairperson shall file and retain in the Land Bank’s procurement file a record of each improper contact or other violation of the Anti-Lobbying Rule. The Chairperson shall develop procedures for conducting these duties, which may be based on the guidelines prepared by the NYS Advisory Council on Procurement Lobbying and available at http://www.ogs.ny.gov/aboutogs/regulations/advisoryCouncil/ModelLang.html .
E. Summary of procurement rules. A summary of the Land Bank’s applicable procurement policies and prohibitions shall be incorporated into every solicitation of proposals, bid documents, or specifications for procurement contracts.

F. Non-collusion certification. Every bid or proposal submitted to the Land Bank as part of a competitive bidding process shall contain a certification that the has been no unlawful collusion involved in accordance with Section 2878 of the NYS Public Authorities Law.

G.    Exceptions. Bids or quotations shall not be required for the purchase of commodities, equipment, goods or construction, demolition, renovation, and reconstruction services made through:
[1].    New York State, Monroe County, or City of Rochester Contracts. When the Land Bank is able to procure commodities, equipment, goods or services through New York State, Monroe County, or City of Rochester contracts, it shall be unnecessary to obtain bids or quotations.

[2].    Emergency Procurements. In the event of an emergency, it shall be unnecessary to obtain bids or quotations. An emergency shall be deemed to exist if the delay caused by soliciting quotes would endanger health, welfare, or property. Approval by the Executive Director, or, in the absence of the Executive Director, the Chair of the Land Bank, or in her/his absence, the authorized designee of the Chair shall be necessary, which shall be documented and shall also include a description or the facts establishing the emergency.

[3]. Sole Source Procurements. In the event of a sole source supplier, it shall be unnecessary to obtain bids or quotations. A “sole source” means a situation where (i) there is only one possible source from which to procure the specified goods and/or services, (ii) no other goods and/or services provide substantially equivalent or similar benefits, and (iii) considering the benefits, the cost to the Land Bank is reasonable.

[4]. Utilities and Affiliate Transactions. The purchase of utilities and inter-affiliate transactions are excepted from proposal/quotation requirements.

[5]. Unavailability of three (3) vendors. It shall be unnecessary to obtain bids or quotations in the event of the unavailability of three (3) vendors who are able or willing to provide a quote.

H. Basis for the Award of Contracts. The Land Bank may reject all bids. The Land Bank may reject any bid, if, in the judgment of its authorized decision maker, the business and technical organization, plant, resources, financial standing, or experience of the bidder justifies such rejection in view of the work to be performed. In making any such determination, the relevant factors considered shall include, without limitation:

1. Delivery requirements;

2. Quality requirements;

3. Quantity requirements;

4. Past vendor performance and/or experience; or

5. Disqualification of Non-Responsible Offeror pursuant to Section 2.D.3, above.

I. Documentation.

1. A record of all solicitations for proposals or quotations, the response (if applicable), and any determinations pursuant thereto shall be maintained in the Land Bank’s procurement file.

2. For each procurement by the Land Bank, the Executive Director (or, in the absence of the Executive Director, the Chair, or in her/his absence, the authorized designee of the Chair) shall set forth in writing the category of procurement that is being used and the basis for the award.

3. Whenever an award is made to other than the lowest responsible bidder the reasons for so doing shall be set forth in writing and maintained in the procurement file for at least six (6) years.

4. Whenever the specified number of quotations cannot be secured, the efforts to obtain quotations shall be documented and maintained in the procurement file.

SECTION 3. PROFESSIONAL SERVICES.

Professional Services shall mean services which require special education and/or training; involve specialized expertise; or are licensed, including, without limitation, legal services, accounting services, brokerage services, appraisal services, and engineering services. Professional Service contracts often involve a relationship of personal trust and confidence.

A. In the selection of a provider of Professional Services up to $10,000 per instance, the provider may be selected by the Executive Director, or, in the absence of the Executive Director, the Chair of the Land Bank, or in her/his absence, the authorized designee of the Chair.

B. In the selection of a provider of Professional Services for a contract which exceeds $10,000 the Land Bank shall issue a Request for Proposals. The Board may exercise its discretion and apply its judgment regarding any aspect of the Request for Proposals, the evaluation of proposals received, and the negotiation and awarding of any contract resulting from the Request for Proposals.

C. The Land Bank may contract for only portions, or not enter into an agreement for any, of the Professional Services contemplated by the proposals solicited under this Policy. The Land Bank may select the proposal that best satisfies its interests without exclusively relying on price or any other single factor. The Land Bank may use such criteria in the selection of a provider of Professional Services as it deems most appropriate.

SECTION 4. INSURANCE.

Procurement of Insurance Brokerage services shall be deemed to be a contract for Professional Services. Notwithstanding the foregoing, the entry into actual contracts for insurance shall not be subject to requirements of this Policy.

SECTION 5. EFFECT OF OTHER PROCUREMENT REQUIREMENTS.

Where the procurement of a specific good or service is accomplished using funds other than the funds of the Land Bank and such funding sources specify different or more restrictive procurement requirements than are provided for in this Policy, the procurement requirements of the funding source shall supersede the requirements of this Policy.

SECTION 6. UNINTENTIONAL FAILURE TO COMPLY.

The failure to comply with this Policy shall not be grounds to void any contract nor shall the same be the basis of any cause of action against the Land Bank or any officer thereof.

SECTION 7. WOMEN, DISADVANTAGED AND MINORITY-OWNED BUSINESSES.

The Land Bank shall use its best efforts to afford Women-Owned Business Enterprises, Disadvantaged Business Enterprises, and Minority-Owned Business Enterprises the maximum practicable opportunity to participate in the performance of this purchasing and procurement program of the Land Bank. If performance of a particular procurement contract will require the use of subcontractors, the Land Bank shall consider requiring the contractor to act affirmatively to secure such participation by Women- Owned Business Enterprises, Disadvantaged Business Enterprises, and Minority-Owned Business Enterprises and report such efforts to the Land Bank.

ROCHESTER LAND BANK CORPORATION
STAFF CODE OF CONDUCT (7-16-2015)

For the purpose of this Staff Code of Conduct, individuals who are paid employees of the Rochester Land Bank Corporation (“Land Bank”) shall be considered “employees.” The term “employee” shall not include directors, vendors, service providers, or other independent contractors, nor shall the term “employee” include any City of Rochester employee providing services to the Land Bank. The term “staff” shall not include any City of Rochester employee providing services to the Land Bank.

At the time of adoption of this Staff Code of Conduct, the Land Bank does not have any employees and has no staff. The Executive Director is a City of Rochester employee compensated by the City of Rochester. The Corporation Counsel of the City of Rochester is Counsel to the Land Bank and may assign municipal attorneys to advise and represent the Land Bank. Neither the Corporation Counsel nor any such municipal attorney(s) are employees of the Rochester Land Bank Corporation.

This policy is adopted to apply to such time as the Land Bank may hire employee(s).

I. INTRODUCTION

This Employee Code of Ethics and Conduct (“Code”) details the Land Bank’s policies for employees. The Land Bank is committed to maintaining a reputation that values integrity, respect and truthfulness, and a strong commitment to the highest ethical standards. These principles apply to employee interactions with coworkers, vendors, government and regulatory agencies and the general public. This Code applies to the Land Bank’s employees and staff. The Land Bank’s employees must be familiar with this Code and adhere to its guidelines.

This Code is not a comprehensive guide of all ethical issues that employees may face, but merely highlights specific problems. In dealing with ethical problems not detailed in this Code, employees are expected to use common sense and their best moral judgment. If an employee has ethical questions, please contact the Executive Director, or to the Chair of the board of directors in the case that the Executive Director is involved. This policy may be modified or updated at any time. The Land Bank welcomes employee suggestions on changes in this Code.

II. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS

The Land Bank has a policy to observe all laws, rules, and regulations of government agencies and authorities. If federal, state or local law exists that is either contradictory or stricter then this policy, employees must apply the law.

III. CONFLICTS OF INTEREST

The Land Bank employees must avoid having a personal, business, financial, or other interest, activity, or relationship, outside the Land Bank that has or may be in conflict with the Land Bank. Any material transaction or relationship that may give rise to an actual or perceived conflict of interest should be discussed with the Executive Director.

Conflicts of interest may include, but are not limited to, the following situations:

• Outside Employment- employees should not perform work or render direct consulting or managerial services for an organization that does business with the Land Bank without appropriate approval from management.

• Managers or supervisors may not engage in a sexual, romantic, or dating relationship with subordinate employees.

• Accepting loans or gifts of entertainment, food, or cash of $25 or more from regulatory agencies or any outside concern that does or seeks to do business with the Land Bank.

• Obtaining a personal financial benefit in any sale or loan of Land Bank property.

• Using or disclosing any confidential information gained during employment for an employee’s personal benefit or the benefit of others, including a future employer.

IV. EMPLOYMENT PRACTICES

Discrimination and Harassment

• The Land Bank prohibits discrimination and harassment of employees whether or not the incidents occur on the Land Bank premises and whether or not the incidents occur during business hours.

• The Land Bank follows federal, state, and local law to ensure equal recruitment, employment, compensation, development and advancement opportunity for all qualified individuals, and prohibits deliberate harassment based on federally protected categories of race, color, religion, sex, national origin, age, or disability.

Workplace Violence- The Land Bank does not tolerate workplace violence including threats, threatening behavior, harassment, intimidation, assaults or similar conduct.

V. BOOKS AND RECORDS

Accurate and Complete Business Records - Employees must act in good faith not to misrepresent material facts in the Land Bank’s books and records or in any internal or external correspondence, memoranda, or communication of any type, including telephone or electronic communications.

Financial Reporting- All the Land Bank funds, assets, liabilities and receipts must be recorded in accordance with generally acceptable accounting procedures. There cannot be any “off the books” accounts.

Proper Maintenance of Records- The Land Bank maintains documents in accordance with all applicable laws and regulations. If the Land Bank employees receive a subpoena, a request for records or other legal papers or if we have reason to believe that such a request or demand is likely, the law requires the Land Bank to retain all relevant records and contact the Executive Director.

Cooperation with Auditors- The Land Bank employees must cooperate fully with internal and outside auditors during examination of the Land Bank’s books, records, and operations.

VI. USE OF LAND BANK RESOURCES

Equipment and Supplies- All equipment and supplies owned by the Land Bank remain the Land Bank property, including but not limited to office supplies, office furniture, fax machines, computers, software, hardware, supplies and equipment, and may not be used by the Land Bank employees for personal reasons.

Non-work Related Interests- The Land Bank employees may not use the Land Bank facilities to promote non- the Land Bank or non-work related interests of the employee or of third parties without prior consent of the Rochester Land Bank Corporation’s Executive Director.

Proper Use of Organizational Assets- Rochester Land Bank Corporation employees may only use, transfer, or dispose of funds or assets for the lawful and legitimate business purposes as approved by the Rochester Land Bank Corporation’s Executive Director or the Rochester Land Bank Corporation Board of Directors.

VII. COMPLIANCE WITH THE CODE

All the Land Bank employees must know this Code and adhere to its guidelines. If questions arise please contact the Executive Director.

Supervisors- Supervisors must take reasonable care to assure that subordinate employees are complying with these guidelines. Supervisors are responsible for misconduct by employees if the supervisor orders such misconduct; ratifies such misconduct, even by inaction; the supervisor has direct authority and knows of such misconduct but fails to act appropriately; or should have known with reasonable diligence that such misconduct has occurred.

VIII. REPORTING ACTUAL OR SUSPECTED VIOLATIONS OF THE CODE

Requirement to Report Actual or Suspected Violations of the Code: Employees must report any actual or suspected violations of this Code to the Executive Director, or to the Chair of the board of directors in the case that the Executive Director is involved. Failure to report any actual or suspected violations of the Code is in itself a violation of this Code.

Non-Retaliation Policy: Employees will not be retaliated against or subject to any form of reprisal for raising a good faith concern under this policy or participating in an investigation into any such concerns. Retaliation is a serious violation of this Code and should be reported immediately.

Investigation of Alleged Violations of the Code: All inquiries, complaints, and reports will be promptly investigated. Employees are expected to cooperate in the investigation. Reasonable measures will be taken to preserve confidentiality of the claim and the identity of anyone who reports a suspected violation or participated in the investigation. If you are unsure whether a violation has occurred, the Land Bank encourages you to seek advice from the Executive Director, or to the Chair of the board of directors in the case that the Executive Director is involved, before acting.

ACKNOWLEDGEMENT FORM FOR CODE OF CONDUCT AND ETHICS

I have read and am familiar with the Rochester Land Bank Corporation. I will comply with and enforce the policies in this Code in its entirety.

I understand my responsibility to promptly report any incident of misconduct or perceived misconduct that I may experience or witness.

By signing this acknowledgement I am indicating that I have read and will abide by the Rochester Land Bank Corporation’s Staff Code of Conduct.

_______________________            _______________________
Employee Signature                 Employee name (printed)

Rochester Land Bank Corp. Supervision and Performance Evaluation Policy 7•16•15

ROCHESTER LAND BANK CORPORATION
SUPERVISION AND PERFORMANCE EVALUATION POLICY
For the purpose of this Supervision and Performance Evaluation Policy, individuals who are paid employees of the Rochester Land Bank Corporation (“Land Bank”) shall be considered “employees.” The term “employee” shall not include directors, vendors, service providers or other independent contractors, nor shall the term “employee” include City of Rochester employees providing services to the Land Bank.

At the time of adoption of this Supervision and Performance Evaluation Policy, the Land Bank does not have any employees. The Executive Director is a City of Rochester employee compensated by the City of Rochester. The Corporation Counsel of the City of Rochester is Counsel to the Corporation and may assign municipal attorneys to advise and represent the Corporation. Neither the Corporation Counsel nor any such municipal attorney(s) are employees of the Rochester Land Bank Corporation.

This policy is adopted to apply at such time as the Land Bank may hire employee(s).

Purpose:
Supervisors represent an important link between management and non-management employees. Their role is to communicate to the employees under their supervision the goals and policies of management and to communicate to management the attitudes, suggestions, and complaints of their employees. The Rochester Land Bank Corporation is committed to ensuring that all employees are properly supervised and that all supervisors are properly trained to carry out this very important function. This Supervision and Performance Evaluation Policy aims to achieve this objective by implementing a formal supervision system. It sets out specific procedures and standards to ensure that employees of the Land Bank are properly supervised and their performance is regularly appraised.

Policy Statement:
It is the policy of the Land Bank that the work of all employees shall be assigned, directed, and reviewed by supervisory personnel. Except in the most unusual circumstances, each employee shall have only one supervisor to whom he or she is directly responsible. It shall be the responsibility of each supervisor to ensure that the approved purpose and goals for their respective departments are accomplished and that the Land Bank’s policies regarding human resources are implemented and observed.

Definitions:
For purposes of this policy, the terms used are defined as follows:
Conference Memorandum: A written follow-up to an employee following an informal counseling session, which confirms the reason for the counseling, a summary of the effect of an employee's misconduct, a summary of the employee's response to the counseling, and a statement of the corrective actions expected

Employee: A person who is hired by another person or business for a wage or fixed payment in exchange for personal services and who does not provide the services as part of an independent business; Any individual employed by an employer.

Employee Conference: A private supervisory conference between a supervisor or other administrative officer and an employee at which the employee's performance deficiencies are discussed in order to prevent the need for counseling.

Employee Counseling: Formal action taken against an employee for misconduct or incompetence when other efforts (i.e., evaluation, conference) fail or when a single incident is so severe as to warrant it.

Evaluation Period: Normally, a 12-month period beginning the first day of July and ending the last day of June of each year. An evaluation period may cover a period of less than or more than 12 months, but must cover at least 120 calendar days starting with the employee's receipt of an individual performance plan.

Major Job Requirements: Key responsibilities of the job as defined in the essential duties and responsibilities contained in the position description.
Performance Appraisal: The on-going process in which the supervisor "coaches" employees on how well they are meeting performance expectations. It culminates in the annual completion of a Performance Planning and Appraisal form.

Performance Plan: Set of expectations agreed to by supervisor and employee for the performance of duties and responsibilities as outlined in the job description. A plan includes major job requirements and may include added goals.

Performance Standard: A way to measure achievement of job requirements and/or goals.

Supervisor: Any individual having authority, in the interest of the employer, to hire, suspend, discharge, assign, reward, or discipline other employees, or having responsibility to direct them, or to adjust their grievances, or having authority to effectively recommend such action subject to Human Resource review, if In connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.

1.1 Planning, Assigning and Directing Work
It is the responsibility of each supervisor to ensure that the approved purpose and goals for their respective departments are accomplished. To this end, supervisors shall be held accountable for the following:
• Establishing departmental operating policies and procedures within the framework of Land Bank policy
• Defining what constitutes satisfactory performance for each major job function of every position under their supervision.
• Recommending the hiring of additional personnel or the creation or elimination of positions in departments under their supervision.
• Maintaining neat and orderly work areas.
• Ensuring that Land Bank rules and regulations are observed by employees under their supervision.
• Keeping employees informed of issues relating to their work assignments and work progress.
• Ensuring that employees are aware of the "peaks and valleys" related to the work load in their unit, advising them of heavy work load periods when approval of requests for time off will be limited, and to the extent possible, for identifying periods when overtime assignments will likely be required.
With respect to planning, assigning, and directing work, this policy grants to each supervisor the following basic rights in order to carry out their responsibilities:
• The right to claim the services of their subordinates from the beginning of their shifts until the end of their shifts and during other times when overtime services might be warranted.
• The right to assign, direct and control the performance of work by employees under their supervision consistent with job descriptions and position classifications.
• The right to hold subordinates accountable for the satisfactory completion of work assigned, and
• The right to evaluate how effectively such subordinates perform.

2.0 Interviewing and Hiring
Each supervisor shall be involved in the interviewing and selection of the staff they will supervise. In the case of part-time and student assistant employees, the supervisor shall be responsible for final selection. For full-time employees, the decision to extend an offer of employment must receive prior approval from the Executive Director or his/her designee.
As part of their formal training, each supervisor shall undergo training in conducting employment interviews. This training includes information on what constitutes appropriate interview questions and behavior. Supervisors may only participate in the interview process if they have completed this training.

3.1 Orientation
Supervisors are responsible for ensuring that all new-hire paperwork is completed and submitted on a timely basis. In addition, all employees should be provided with copies of any departmental training materials, in order to ensure that they receive adequate notification of departmental policies and
procedures:

4.0 Training
Supervisors shall bear primary responsibility for the training of all employees under their supervision. They need not perform this training personally, but may rely upon other employees in the organization or other professional training resources. At a minimum, training must include jobspecific instruction in the essential duties and responsibilities of the position to which the employee is assigned and training in how to perform the job safely.

4.1 Job Specific Training
Although employees are expected to already possess the requisite knowledge, skills and abilities for performing essential job functions, some training is initially necessary in order to assist the employee in carrying out their duties in conformance with Land Bank guidelines.

4.2 Safety Training
Supervisors shall be responsible for assuring that subordinates know how to do their work safely and have the materials, tools, and other means necessary to do so. This includes training every employee in the safe methods for per forming their job. Employees are to be trained in the safe handling of equipment, machine operation, hazardous chemicals, and emergency evacuation procedures as well as general safety rules. They must also be informed of their right to report unsafe working conditions without fear of reprisal.

5.1 Controlling Attendance
Supervisors shall be responsible for maintaining adequate enough control over the attendance of subordinates to verify that subordinates have completed the required number of hours on duty each day, or have been approved for and recorded charges to appropriate leave accruals. This includes controlling absenteeism and tardiness and approving requests for time off. Supervisors must become familiar with the attendance rules that affect the employees they supervise and apply these rules in a fair and consistent manner.
In order to carry out these responsibilities, this policy provides each supervisor the following rights:
• The right to hold employees fully accountable for all the time that they are on duty. No employee has the right to leave his/her assigned work without the specific approval of his/her supervisor unless a situation exists that places his/her health or safety in immediate jeopardy.
• The right to approve and disapprove requests for time off in accordance with both organizational and employee needs.
• The right to schedule vacations and lunch and rest breaks, and
• The right to verify employee time records and approve overtime when necessary

6.0 Appraising Performance
Performance Appraisal is an on-going process in which the supervisor "coaches" subordinate employees on how well they are meeting performance expectations. The process begins with the development of a performance plan that defines acceptable performance for the major job requirements of the employee's position. Throughout the evaluation period, the supervisor should advise subordinates how well they are performing and coach those who are not meeting expectations on how they may improve.
At the end of the evaluation period, the supervisor must determine the appropriate performance rating for the employee. Once the appropriate manager has approved the final rating, the supervisor must meet with the employee to share this information and discuss how well he/she has per formed in each major job function, including discussion of particular strengths or weaknesses.

7.0 Employee Counseling

7.1 Employee Conference
Before taking a formal counseling action, a supervisor may first attempt to correct the offending behavior by holding an Employee Conference. An Employee Conference is a private meeting between a supervisor or other administrative officer and an employee at which the employee's performance deficiencies are discussed. The motivation for such a session is to improve the employee's performance, eliminate the performance deficiencies, and/or make certain that the employee understands work rules and expectations. The emphasis in this conference is proactive. It is not a form of discipline and is intended to preclude the need for future counseling action. The session may mention performance problems and deficiencies but should not dwell on them. Instead, the conference should focus on future performance expectations and the special efforts the supervisor will be taking to make the employee accountable .

A conference memorandum is a written follow up to an employee following a face-to-face conference session which confirms the reason for the conference, a summary of the effect of the employee's misconduct, a summary of the employee's response to the conference, and a statement of the corrective actions expected. Conference memoranda normally should not be written without the actual face-to-face conference session that allows the subordinate to respond and describe any special problems in his/her life or in the work environment that might be contributing to his/her performance. A copy of the conference memorandum shall be retained in the employee's personnel file in the section maintained for performance reviews.

The Employee Conference approach is not permitted in those cases where the employee's behavior meets the definition of misconduct resulting in immediate discharge.

7.2 Employee Counseling Process
Employee counseling may be initiated for various reasons, including, but not limited to, violations of work rules or poor job performance. The severity of the action generally depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate separation. In all cases, the supervisor shall document the counseling. Such documentation shall inform the employee of the possible consequences, including final written warning, suspension and/or discharge, should additional violations or performance problems occur. The written documentation must be signed by the employee's supervisor and the employee.
The normal employee counseling procedure consists of:
Level 1. Verbal counseling.
Level 2. First written warning .
Level 3. Final written warning.
Level 4.Suspension.
Level 5. Discharge.
Any or all of these steps may be utilized, depending upon individual circumstances and the nature of the infraction. In addition, a higher-level warning need not pertain to the same or similar offense for which a lower level warning was given. Moreover, exceptions or deviations from the normal procedure may occur whenever Land Bank management deems it appropriate .
Employee counseling must be timely and must occur within 30 calendar days of the discovery of the incident requiring the counseling action.
Probationary and temporary employees may be terminated without advance notice for any violation of work rules or for poor job performance.
8.1 Addressing Complaints and Resolving Problems
The Land Bank has established procedures to allow employees to voice any work related concerns they might have without fear of retaliation. These procedures provide an avenue for the identification and resolution of differences between an employee and the corporation regarding wages, hours, or working conditions. These procedures may be used when an employee believes that a violation, misapplication, or misinterpretation of the policies, regulations, or work rules of the Land Bank has personally adversely affected him or her. These guidelines may not be used to dispute the actual written policies, regulations, or work rules or to dispute the final decision resulting from this review process. Furthermore, the following matters shall not be subject to review under these procedures:
• Employee Counseling Actions (except as noted in Section 8.2)
• Promotions and/or Transfers
• Performance Evaluations
• Temporary Assignments
• Reductions in Force Layoffs)

8.1 Complaint Review Procedure
The following steps are applicable to all employees for the resolution of a complaint:
Level 1:
ROCHESTER LAND BANK CORPORATION
SUPERVISION AND PERFORMANCE EVALUATION POLICYa) The employee shall request a meeting with his or her immediate supervisor to bring the complaint to the supervisor's attention . Exceptions to this step are indicated in Section 8.2.
a) The employee shall request a meeting with his or her immediate supervisor to bring the complaint to the supervisor's attention . Exceptions to this step are indicated in Section 8.2.
b) The supervisor shall receive the complaint, ascertain the facts, and research the relevant policies, regulations and work rules. The supervisor shall report the findings to the employee within seven (7) calendar days.
c) The supervisor shall attempt an informal resolution of the complaint within the next seven (7) calendar days. At this stage, either the employee or the supervisor may suggest mediation as a means for resolving disputes. Participation in mediation is voluntary .
Level 2:
a) If the complaint is not resolved at the conclusion of Step 1, an employee may present his or her complaint to the Executive Director.
b) The Executive Director shall ensure that Step 1 has been followed, or else waived as provided below in Section 8.2.
c) The Executive Director will take the matter under consideration and attempt to resolve or otherwise answer the complaint within fourteen calendar days.
Level 3:
a) If the complaint is still not resolved within thirty (30) calendar days from the initiation of the complaint, an employee may file a written complaint form with the Land Bank Board of Directors.
b) The Board of Directors shall convene the Personnel Committee to investigate and answer the complaint within thirty calendar days of receipt of the complaint.
Employees who seek resolution of complaints by using these procedures shall not be subjected to discrimination or retaliation or be penalized in any way. However, circumventing or failing to follow these procedures without proper justification may result in employee counseling.

8.2 Exceptions to Process
All employee complaints should be handled at the lowest level possible. However, the following exceptions are recognized as instances where an employee may file a complaint with the Board of Directors without first meeting with his or her immediate supervisor:
1) If the employee suspects or has proof that a federal, state or local law or regulation is being violated or is about to be violated.
2) If a safety hazard exists that threatens the health of an employee or customer.
3) If the grievance directly involves the immediate supervisor and the employee can reasonably demonstrate that the department head may not be able to deal objectively with the situation or if the grievance directly involves the Executive Director
The Board shall determine if adequate reason exists to justify circumventing the normal process.

8.3 Confidentiality of Process
The Land Bank regards all statements, documents, and other aspects of a complaint review proceeding to be confidential information. Under current policy, unauthorized dissemination of information determined by the Land Bank to be confidential may constitute grounds for immediate dismissal.

9.1 Supervisor's Safety Responsibilities
Supervisors shall be responsible for safeguarding the well being of the employees in their charge. In addition to the Safety Training responsibilities identified above, supervisors shall be held accountable for the following:
• Knowing the rules of safety that apply to the work supervised, and when necessary, obtaining expert safety advice.
• Complying with applicable federal and state laws and Land Bank regulations concerning employee safety.
• Demonstrating safety in one's own work habits and personal conduct.
• Encouraging employees to discuss the hazards of their work.
• Making sure employees understand and abide by general safety rules.
• Ensuring that employees are aware they have the right to report unsafe working conditions without fear of reprisal.
• Inspecting the work environment regularly to aid in the identification of hazards before they occur, or risks that may arise from changes in equipment or methods.
• Motivating employees to work safely by such methods as periodic safety meetings, use of educational materials, and staff recognition.
• Reporting, investigating, and analyzing every accident occurring in a department under their supervision.
• Effecting the remediation or abatement of the cause of any accident occurring within departments under their supervision.
• Ensuring that employees report all work-related illnesses or injuries, regardless of how minor.
• Cooperating with others both within and external to Land Bank that are actively concerned with preventing accidents.
• Taking the following steps whenever unsafe methods or unsafe working conditions are noted:
1) Stopping the unsafe method or working condition.
2) Instructing the employee involved in an unsafe method as to the correct method and initiating disciplinary action if warranted
3) Warning others of unsafe conditions and prohibiting others from working until the unsafe condition is corrected.
4) Keeping a record of unsafe working conditions noted, including date discovered, name of manager notified, and date repaired.

ROCHESTER LAND BANK CORPORATION
TRAVEL POLICY (09-17-2013)

Section 1. APPLICABILITY
This policy shall apply to every member of the Board of the Rochester Land Bank Corporation and all officers and employees.

Section 2. APPROVAL OF TRAVEL
All official travel for which reimbursement will be sought must be approved in advance by the Executive Director. Provided, however, where the Executive Director will seek reimbursement for official travel, such travel must be approved in advance by the Chair. The Executive Director shall notify the Board of any travel expenses that the Executive Director has approved for the Chair.

Section 3. PAYMENT OF TRAVEL
Upon prior approval by the Executive Director, the Corporation may reimburse all reasonable expenses related to meals, travel and lodging incurred by any director, officer or employee performing his or her official duties. All official travel shall be properly authorized, reported and reimbursed. Under no circumstances shall expenses for personal travel be charged to, or temporarily funded by the Corporation. It is the traveler’s responsibility to report his or her travel expenses in a responsible and ethical manner.

Section 4. TRAVEL EXPENSES
Reimbursement for travel expenses shall be determined case by case. Mileage rates, per diem allowances and lodging caps will be established and from time to time amended by the Executive Director. All determinations made under this section shall be made by the Executive Director. In any instance where such determination concerns the travel of the Executive Director, the Chair shall make such determination.

ROCHESTER LAND BANK CORPORATION

WHISTLEBLOWER POLICY (9-19-2013)

Every director, officer, or employee of the Corporation, and every member of the Board of Directors of Rochester Land Bank Corporation, in the performance of his or her duties shall conduct himself or herself with honesty and integrity and observe the highest standards of business and personal ethics as set forth in the City of Rochester Code of Ethics.

Each director, officer or employee is responsible to report any violation of the Code (whether suspected or known) to the Corporation’s Chair. Reports of violations will be kept confidential to the extent possible. No individual, regardless of his or her position with the Corporation, shall be subject to any retaliation for making good faith claim, and any employee who retaliates against one who has reported a violation shall be subject to disciplinary action, which may include termination of employment. Any claim of retaliation shall be investigated in good faith and notwithstanding the outcome of an initial complaint, shall be treated as a separate offense.

The Chair is responsible for immediately forwarding any claim of retaliation to the Corporation Counsel who shall investigate and handle such claim in a timely manner.

Land Bank policies