City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM FRIDAY, NOVEMBER 18, 2005 9:00 A.M. PRESENT: Commissioner Thomas Curley, DPS Mayor Michael Lenz Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen E. Towne, Accounts ABSENT: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner, Finance Matthew Dorsey, City Attorney Alicia Farone, Deputy Mayor Debbie Harper, Deputy Commissioner, Accounts CALL TO ORDER Mayor Michael Lenz called the meeting to order at 9:00 a.m. EXECUTIVE SESSION Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to adjourn to executive session at 9:00 a.m. Council members returned at 9:50 a.m. MAYOR=S OFFICE CSEA Contract (2005-246) Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract as consistent with the Memorandum of Understanding between the City and the CSEA City Hall unit as presented. Ayes: four; Nays: one (Commissioner Thomas McTygue). Motion carried. ACCOUNTS DEPARTMENT Salary Adjustment - Deputy Commissioners and Others not covered by a contract (2005-247) Commissioner Stephen Town moved and Mayor Michael Lenz seconded to add this item to the agenda. Ayes: four; Nays: one (Commissioner Thomas McTygue). Motion carried. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded that there be a one time payment equal to 3 1/2 percent of the 2005 salary schedule for the following individuals: existing Deputy Commissioners (pro-rated for any Deputy not working the entire year), City Attorney, Assistant City Attorney and the Executive Assistant to the Mayor. It was noted that the funding for this one time payment will come from each department’s budget. Ayes: four; Nayes: one (Commissioner Thomas McTygue). Motion carried. DEPARTMENT OF PUBLIC WORKS Special Pay Rate for City Artist (2005-248) Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to Page 1 of 3 approve the special part time pay rate for the City Artist position at $19 per hour effective immediately. He said the funds were within his budget for this pay increase for both 2005 and 2006. Ayes all. Pay Raise for Deputies Previously discussed. DEPARTMENT OF PUBLIC SAFETY Moore vs. Dreyer/Curley Resolution (2005-245) Commissioner Thomas Curley recused himself. Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded the following resolution: RESOLUTION WHEREAS, a lawsuit has been commenced by Edward Moore against Erin Dreyer and Thomas Curley in the United States District Court for the Northern District of New York, Case No. 05-CV-1060 (the Moore Litigation); and WHEREAS, the Summons and Complaint with regard to said litigation was forwarded by the City of Saratoga Springs to its insurer, the New York Municipal Insurance Reciprocal (NYMIR), on or about September 6, 2005; and WHEREAS, on or about September 9, 2005, NYMIR denied coverage to the City of Saratoga Springs regarding the actions of Ms. Dreyer and Mr. Curley as set forth in the Complaint of Edward Moore based primarily upon its contention that the actions of Ms. Dreyer and Mr. Curley were outside the scope of their duties as officials of the City of Saratoga Springs; and WHEREAS, the City of Saratoga Springs thereafter sought a reconsideration of NYMIR’s position with regard to coverage for Ms. Dreyer and Mr. Curley; and WHEREAS, on or about November 7, 2005, the City of Saratoga Springs received notice from NYMIR reaffirming its position denying coverage; and WHEREAS, the City Council has reviewed the actions and omissions alleged in the Moore Litigation with regard to Mr. Curley, including, but not limited to, the actions and omissions set forth in the Grand Jury Report attached to the Complaint; and WHEREAS, the City Council has reviewed the actions and omissions alleged in the Moore Litigation with regard to Ms. Dreyer, including, but not limited to, the actions and omissions set forth in the Grand Jury Report attached to the Complaint and the public comments made by Ms. Dreyer before and after the release of the Grand Jury Report; and WHEREAS, Warren County Court Judge John Hall found the Grand Jury Report to be “supported by the preponderance of credible and legally admissible evidence, and that each person named in the report was afforded an opportunity to testify before the Grand Jury prior to the filing of such Report, and afforded sufficient time in which to file an Answer”; NOW, THEREFORE, BE IT RESOLVED that in accordance with section 9-1 of the City Code entitled “Defense and Indemnification,” the City Council finds that the actions and omissions alleged in the Moore Litigation with regard to Mr. Curley were taken within the scope of Mr. Curley’s official duties as the Commissioner of Public Safety; and BE IT FURTHER RESOLVED that the City Council directs the law firm of Poklemba and Hobbs to seek a declaratory judgment on behalf of the City determining that insurance coverage is available under the City’s general liability policy and/or public officials policy with NYMIR to provide a defense and indemnify Commissioner Curley with regard to the Moore Litigation; and BE IT FURTHER RESOLVED that the City Council directs the law firm of Poklemba and Hobbs to provide legal representation for Commissioner Curley in the Moore Litigation, pending the issuance of a declaratory judgment from the appropriate court with regard to the NYMIR insurance coverage; and Page 2 of 3 City of Saratoga Springs City Council Meeting Minutes Friday, November 18, 2005 BE IT FURTHER RESOLVED that in accordance with section 9-1 of the City Code entitled “Defense and Indemnification,” the City Council finds that the actions alleged in the Moore Litigation with regard to Ms. Dreyer were not within the scope of Ms. Dreyer’s official duties as a former Deputy Commissioner of Public Safety; and BE IT FURTHER RESOLVED that the City Council shall not seek a declaratory judgment seeking insurance coverage nor shall it provide a defense and indemnification for former Deputy Commissioner Erin Dreyer with regard to the Moore Litigation. Ayes: four (Commissioner Thomas Curley recused). Motion carried. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 10:05 a.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 10:05 a.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 3 of 3