Common Council Caucus & Regular Meeting

MINUTES OF AN EMERGENCY/SPECIAL MEETING Monday, December 23rd, 2024 The Common Council was convened and called to order by Council President Ellis at 5:33 PM. The roll being called, the following answered to their names: Adams, Balarin, Clarke, Farrell, Flynn, Frederick, Hoey, Johnson, Keegan, Kimbrough, Romero, and Zamer Also present was the following staff: Shaniqua Jackson, Jake Eisland, Bryan Jimenez, Alyssa Kamara; Brett Williams Council President Ellis led the Council in reciting the Pledge of Allegiance and requested a moment of silence. The proceedings of the meeting are as follows: Communications from the Mayor, Department Heads and other City Officials Majority Leader Farrell provided context for the Mayor's address to the Common Council. Mayor Sheehan spoke on the increased liability the City of Albany might face following the ruling by the New York State Court of Appeals establishing that SeeClickFix reports are to be considered prior written notice for the purpose of claims against the City. Discussion ensued between the Mayor and Council Members. Public Comment  Jesse Sommer, 289 Lark St, Albany, NY 12210 – Local Law M of 2024  Charles Robinson, 404 Livingston Ave, Albany, NY 12206 – Local Law M of 2024  Thomas Moore, 48 Dartmouth St, Albany, NY 12209 – Local Law M of 2024 There being no further speakers, Council President Ellis declared the Public Comment Period closed. Consideration of Local Laws A Message of Necessity from the Mayor was provided to the Council regarding Local Law M of 2024 prior to consideration. Majority Leader Farrell noticed Local Law M of 2024 and asked for its introduction and passage.  City Clerk Shaniqua Jackson read the ordinance: LOCAL LAW M OF 2024 A LOCAL LAW AMENDING CHAPTER 24 (CLAIMS AGAINST THE CITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REQUIREMENT FOR PRIOR WRITTEN NOTICE OF AN ALLEGED DEFECT *The following spoke prior to its passage: Farrell, Romero, Flynn, Johnson, and Balarin There being no discussion, Council President Ellis called for a roll call vote thereon and the resolution was ADOPTED: Passed by the following vote of all the Council Members elected voting in favor thereof: Local Law M of 2024 was co-sponsored by Council Member Romero Affirmative – Adams, Balarin, Clarke, Farrell, Flynn, Frederick, Hoey, Keegan, Kimbrough, Romero, and Zamer Negative – Johnson Affirmative: 11 | Negative: 1 | Abstain: 0 No further legislation was to be considered. Adjournment There being no further business, President Pro Tempore Kimbrough moved to adjourn the meeting, seconded by Council Member Anane, and passed by voice vote. The meeting adjourned at 6:49 PM. Below is the link for this night’s meeting. https://www.youtube.com/watch?v=YqjMlRL3bwQ Respectfully submitted, Bryan Jimenez Legislative Director 2|PAGE Full Texts Council Members Farrell and Zamer introduced the following, which was approved: LOCAL LAW M OF 2024 A LOCAL LAW AMENDING CHAPTER 24 (CLAIMS AGAINST THE CITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REQUIREMENT FOR PRIOR WRITTEN NOTICE OF AN ALLEGED DEFECT Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Subsection (A) of section 24-1 (Civil actions; requirements to file) of Chapter 24 (Claims Against the City) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: A. No civil action shall be maintained against the City for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed unless, previous to the occurrence resulting in such damages or injury, written notice of the defective, unsafe, dangerous or obstructed condition of said street, highway, bridge, culvert, sidewalk or crosswalk was actually given to the Commissioner of General Services Corporation Counsel and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of. Such written notice must describe, in reasonable detail, the location and nature of the referenced condition(s), shall be manually subscribed, and shall be delivered to the Corporation Counsel by hand, first class, or certified mail. No such action shall be maintained for damages or injuries to the person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street unless written notice thereof, relating to the particular place, was actually given to the Commissioner of General Services Corporation Counsel in accordance with the above requirements, and there was a failure or neglect to cause such snow or ice to be removed or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 19TH DAY OF DECEMBER, 2024 _____________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: December 19, 2024 Sponsors: Council Members Farrell and Zamer LOCAL LAW M of 2024 TITLE A LOCAL LAW AMENDING CHAPTER 24 (CLAIMS AGAINST THE CITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REQUIREMENT FOR PRIOR WRITTEN NOTICE OF AN ALLEGED DEFECT GENERAL PURPOSE OF LEGISLATION The City has used the SeeClickFix program, for several years, as a convenient, user-friendly, internet-based tool both for the public to make the City aware of non-emergency and quality of life issues such as pot hole, code violations, and illegally dumped garbage. City departments, particularly the Department of General Services, also use it to manage their responses to such notifications. For an even longer time, the City has had a “prior written notice” statute, codified at Code § 24-1(A), which states that civil claims for injuries sustained as a result of certain defects allegedly created by the City can only be brought against the City if the Commissioner of the Department of General Services actually received written notice of the particular defect that allegedly caused the injury in writing prior to the occurrence of the injury. Prior written notice statues ensure that municipalities will not be held responsible for injuries caused by defects about which they are not aware, and are allowed in recognition of the fact that municipalities cannot “be cognizant of every crack or defect” within their borders. For as long as the City has used SeeClickFix, it has maintained that an entry or notification generated through that program did not constitute prior written notice, because 1) it was not actually written (because, after all, electronic means of communication did not exist when the prior written notice statute was first enacted in 1983), and 2) it was not actually given to the Commissioner of DGS, as the statute requires. Indeed, the City provided a warning to users on the SeeClickFix webpage and app that use of the system did not constitute prior written notice. However, in its decision in Calabrese v. City of Albany, handed down on December 17, 2024, the New York Court of Appeals ruled that SeeClickFix, as the City used it, satisfied the dictates of the City’s prior written notice statute. As a result, any alleged defect that has ever been reported on SeeClickFix but not yet repaired, and all those that might have been reported in the future, now open the City to liability for any injuries they may cause. In practical terms, the Court’s decision has both denuded the City’s prior written notice statute of any effectiveness or purpose, and made the SeeClickFix program – a useful tool for the City and public – a significant liability for the City. Given the massive potential for liability which the Court’s decision has placed on the City, it would irresponsible for the City to continue to utilize SeeClickFix with the prior written notice statute in its present form. As such, this local law amends the prior written notice statute so that it operates in the way it was originally intended. Passage of this local law will allow the City to begin using SeeClickFix once again, without exposing itself to massive liability. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Court’s interpretation of the current statutory language greatly expanded the definition of prior written notice to include, effectively, any electronic communication sent to the Department of General Services. This local law returns, to the City’s prior written notice statute, the requirement that notice be given actually in writing, on paper, to the actual statutory designee, in keeping with the intent of the statute as it was originally enacted. Amendment of the statute will also allow the City to reactivate the SeeClickFix program. FISCAL IMPACT If the prior written notice statute is not amended, the City will either have to keep SeeClickFix shut down indefinitely, or perhaps expose itself to hundreds of thousands – even millions – of dollars of liability. TIMELINE FOR PASSAGE The Council is encouraged to pass this local law as expeditiously as possible so that the City can resume normal operation of SeeClickFix as soon as possible. Though local laws typically have a seven day aging requirement, this rule can be dispensed with when 1) the Mayor has “certified as to the necessity for its immediate passage, and 2) the local law is passed “by the affirmative vote of two-thirds of the total voting power of the legislative body (in this case, 10 or more votes). A message of necessity from the Mayor is included herewith.