City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM THURSDAY, MAY 19, 2005 5:00 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts STAFF PRESENT: Matthew Dorsey, City Attorney CALL TO ORDER Mayor Michael Lenz called the meeting to order at 5:00 p.m. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to adjourn to executive session at 5:00 p.m. for a personnel matter. Ayes all. Council members returned at 5:55 p.m. and reconvened. MAYOR=S OFFICE Personnel Matter - Deputy Commissioner Erin Dreyer (05-107) Mayor Michael Lenz moved and Commissioner Stephen Towne seconded the following resolution: WHEREAS, a grand jury was impaneled to investigate certain matters involving public servants in the City of Saratoga Springs, New York and did thereafter file with the Honorable Judge John S. Hall Jr., County Judge of Warren County, New York, a report of their findings (“the Grand Jury Report”) pursuant to New York State Criminal Procedure Law Section 190.85, and WHEREAS, on or about March 1, 2005, Judge Hall did make an order accepting and filing the Grand Jury Report as a public record, and WHEREAS, said order of Judge Hall and the Grand Jury Report were sealed by the Court pending service upon the public servants named therein and their opportunity to submit Answers thereto, and WHEREAS, Deputy Public Safety Commissioner Erin Dreyer, a named public servant in the Grand Jury Report, did exercise her right under New York State Criminal Procedure Law Section 190.85 to submit an Answer to Judge Hall regarding the Findings of Fact, Conclusions, and Recommendations of the Grand Jury Report, and WHEREAS, Judge Hall found the Answer submitted by Deputy Commissioner Dreyer to be “well written and extensively researched,” however, the Court further found that the substance of the Answer was “unpersuasive” and in places “preposterous,” and WHEREAS, Judge Hall found the Grand Jury Report to be based on facts revealed during a legally authorized investigation and “supported by the preponderance of credible and legally admissible evidence,” and WHEREAS, on May 4, 2005, after affording Commissioner Curley and Deputy Commissioner Dreyer an opportunity to appeal the Court’s decision, Judge Hall made an order filing as a public record the Grand Jury Report and the redacted Answer of Deputy Commissioner Dreyer, and Page 1 of 2  WHEREAS, the Grand Jury Report concluded that Deputy Commissioner Dreyer engaged in multiple acts of misconduct, was negligent in the performance of her duties, and demonstrated a “complete lack of understanding and appreciation” of her duties as Deputy Public Safety Commissioner, and WHEREAS, the Grand Jury Report recommended the discipline or removal of Deputy Public Safety Commissioner Dreyer in order to facilitate the “efficient and effective use of the resources of the Department of Public Safety and to instill public confidence in the Department of Public Safety,” and WHEREAS, the City’s insurer has formally expressed its serious concern regarding the lack of action to minimize liability to the City and itself, and WHEREAS, Commissioner Curley has the authority under section 2.6.1 of the Saratoga Springs City Charter to remove Deputy Commissioner Dreyer from her position, but has not chosen to take such action, and WHEREAS, the City Council finds that the failure of Commissioner Curley to take action removing Deputy Commissioner Dreyer from her position places the public safety of the citizens of the City of Saratoga Springs at risk and potentially subjects the City to litigation and financial difficulties, and WHEREAS, section 2.6 of the Saratoga Springs City Charter states that “(t)he Mayor and each Commissioner shall be entitled to such deputies and employees as the Council may determine,” NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga Springs, New York does hereby eliminate the position of Deputy Public Safety Commissioner of the City of Saratoga Springs, New York effective immediately Commissioner Thomas Curley said the Council was acting in violation of the charter rather than in compliance with the charter. He said he is the only individual who can remove this person. This sets a precedent for the Council to reach into other departments. This puts individuals as risk. It also creates a problem on how to best serve the public. Removing this position does not serve the public well. This move is wrong. Ayes: four; Nays: one (Commissioner Thomas Curley). Motion approved. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 6:00 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 6:00 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 2 of 2