City Council

From: mailto: Peter Pindar To: mailto:SMy Samanta peterpi R. Mykoo Cc: mailto:MP Marion Porterfield koo@sche Subject: ndarof Re: Comments of City Business for 8/26/24 orterfield@ nectadyny. Date: schene Monday, August 26, 2024 7:22:21 PM schenecta gov ctady dyny.gov @gmai CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you l.com recognize the sender and know the content is safe. Good evening, I had the opportunity to watch this evening’ s council meeting. I am curious to know why my email communication was mot included in those related to city business. Please let me know. Thank you, Peter Pindar On Wednesday, August 21, 2024, Peter Pindar < mailto:peterpindarofschenectady wrote: @gmail.com Dear City Clerk, Would you please include the following for the next City Council meeting’ s public comment for city business? I am a resident and taxpayer of our city. I believe that the rules of our city our meant to be followed, particularly by those who are custodians of those laws, namely our city council people and our mayor. Back in 2022, the City Council discussed modifying requirements contained in the city code related to residency mandates for city employees, with the exception of firefighters and police officers, whose residency requirements are guided by state law. At the time of the council’ s discussion, the mayor was paraphrased by The Daily Gazette that he was in favor of keeping the residency requirement as it was and that he has exempt certain positions from the residency requirement on a few occasions in the past. On August 22, 2022, the City Council voted 5-2 to extend the residency requirement in the code from the city to the county. The mayor subsequently vetoed the ordinance. Upon reconsideration by the council on September 12, the override of the veto failed, with Council member Farley absent and Council member Patrick flopping her vote from for to against the ordinance. Since then, the City Council has not addressed this issue. However, I will do so now. The mayor said he has exempted certain people in the past. From where does the mayor’ s power to exempt certain people come? I ask because it is not in the City Code. For someone who is quoted as saying he wants people to play by the rules, here, the mayor does not play by the rules. The City Code provides for a Board of Residency, consisting for five people, of whom only one is the mayor or the mayor’ s appointee. The other members are one appointed by the corporation counsel and three appointed by the City Council president. This five-member board makes the decision on granting the exemption. It is not the mayor. The mayor has previously insinuated that since there is not a standing board, he can make the call on whether to grant an exemption. The City Code does not say that. Therefore, the mayor is going beyond his authority and is, in fact, violating the law he swore to protect and enforce. Certain City of Schenectady employees are benefitting from the lack of oversight on the residency requirements. While most city employees play by the rules and reside within the city, many do not. It should also be mentioned that residing in the city does not simply mean you own a house in the city. A residence is the place where a person maintains a fixed, permanent and principal home and to which that person, wherever temporarily located, always intends to return. Therefore, City Engineer Chris Wallin, who has owned a home in Glenville, in the Burnt Hills School District, since September 2016, while still owning a house in the City of Schenectady, is most likely a resident of Glenville, based on where he sends his kids to school, where he resides year-round, etc. Deputy Commissioner of Finance and Administration Derek Gugumuck has owned a home in the Town of Mayfield, in Fulton County, since September 2023. Public Safety Commissioner/Assistant Corporation Counsel Eugene Devine, whose offices are incompatible and who is in violation of Second Class Cities Law Section 19, has not resided in Schenectady during his service to the city. He is a resident of Colonie, in Albany County. So, what am I recommending: 1. I implore the City Council president to appoint three people to the Residency Review Board 2. I request greater transparency from the mayor on where employees reside. The taxpayers voted for you in the belief that you will follow and enforce the law. 3. I request the city council or individual members of the council review employee records related to residence to determine who actually resides outside of the city. The councilpersons have that power under the City Charter at 13-2(N). 4. I request that appropriate action be taken. At the end of the day, taxpayers expect employees to play by the rules. And so many employees are playing by the rules, while others are not. Without appropriate checks, such as a Residency Review Board doing what it is empowered to do, and a City Council that checks the mayor to ensure he is not doing whatever he wants to do, city taxpayers are left wondering why they should follow other laws in the city code when those who are expected to enforce them do not even follow them. Very truly yours, Peter Pindar