Common Council Meeting Minutes

City of Utica Common Council – Special Meeting June 11th 2026 The meeting is called to order at 5:03 P.M. Melissa Sciortino, City Clerk; Andrew Castilla, Deputy City Clerk; Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Joseph Betar, 3rd District Councilmember & President Pro-Temp; Frank Carcone, 4th District Councilmember; Venice Ervin, 5th District Councilmember; Joseph Betrus, 6th District Councilmember; Heather Wasielewski, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Frank Meola, Comptroller President Pro-Temp Betar read the Mayor’s Veto Message A motion by Councilmember Aiello to override the Mayor’s Veto of Ordinance #71 of 2026 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Ervin, Wasielewski, LoMedico – 6 Nays: Carcone, Betrus, Colosimo-Testa – 3 Veto Overridden A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember LoMedico President Giruzzi Adjourned: 5:14 P.M. Certify To: Budget, Comptroller Ordinance #71 of 2026 CITY OF UTICA Department of Legislation Common Council May 20, 2026 Sponsored by: Councilmember Aiello ORDINANCE ADDING SECTION 2-18-2 (DISPLAY OF FLAGS AND FLAG RAISINGS AT CITY HALL) OF THE UTICA CITY OF ORDINANCES WHEREAS, the City of Utica traditionally displays the United States of America flag on City property; and WHEREAS, historically, the City has, on occasion, permitted the temporary display of additional flags in connection with ceremonies, cultural recognitions, and official events at City Hall; and WHEREAS, the selection and display of such flags must be governed by clear and consistent standards to ensure that such displays reflect the official sentiments and actions of the City, rather than serving as a forum for unrestricted public expression; and WHEREAS, the United States Supreme Court in Shurtleff v. Boston (2022) clarified that where a municipality does not clearly define flag displays as government speech, such practices may be construed as creating a public forum subject to First Amendment constraints; and WHEREAS, the Court further recognized that municipalities may lawfully define and limit flag displays as expressions of government speech when accompanied by clear policies and standards; and WHEREAS, it is in the interest of the City of Utica to maintain the ability to express official City positions, recognize cultural and civic events, and conduct ceremonial flag raisings in a manner that is consistent, lawful, and transparent; and WHEREAS, it is important that the City of Utica, as a city of immigrants, be able to express its official solidarity with people who have come to Utica from other nations, and to express other official, City-endorsed messages from the Mayor and the Common Council that may be appropriately accompanied by ceremonial flag-raising; and WHEREAS, for these expressions of official City sentiment to be clearly construed by the residents of Utica, it is also important to clearly demarcate and codify that the City’s flagpoles are not intended to serve as a forum for free expression by the public; and WHEREAS, the Common Council finds that codifying such standards within Section 2-18-2 of the City Code will provide clarity to residents, applicants, and City officials alike in regard to the display of flags at City Hall; ORDAINED, by the Common Council of the City of Utica that Article I, Chapter 2-18, of the Utica Code of Ordinances shall be amended by adding Section 2-18-2 , entitled “Display of Flags and Flag Raisings at City Hall”, to read as follows: SECTION 2-18-2 Display of Flags and Flag Raisings at City Hall The purpose of this Ordinance is to establish guidelines for the display by the City of Utica of (1) flags of governments recognized by the Federal Government, and (2) other flags at City Hall. SECTION 2-18-2.1 Policy It is the policy of the City of Utica that flags should be displayed in conformance with Federal and State policies, as stated in the Federal “Our Flag” publication of the Congress, House Document No. 96-144; and Article 19, Sections 402 and 403 of the New York State Executive Law. SECTION 2-18-2.2 Order of Precedence The flag of the United States shall be flown at all times at City Hall. Where a secondary flagpole is present, it may be used to temporarily display a commemorative, cultural, or community flag as authorized by the City. No additional flags shall be flown unless so authorized under this article. SECTION 2-18-2.3 Special occasions of Federal, State and local proclamation a. Flags at City Hall shall be displayed in accordance with the above standards. However, the Mayor may order flags to be lowered to half staff including, but not limited to flags of the United States of America in honor of the death of a City employee killed in the line of duty, or in observance of a specific event or circumstance.  b. Pursuant to proclamation of the Mayor, or by resolution or proclamation of the Common Council, other flags may be flown by the City on the secondary flagpole at City Hall. SECTION 2-18-2.4 Other Flags The City’s flagpoles are not intended to serve as a forum for free expression by the public. The following flags may be displayed by the City as an expression of the City’s official sentiments: a. Flags of Governments Recognized by the United States. Flags of governments recognized by the United States may be displayed upon the proclamation of the Mayor or by resolution or proclamation of the Common Council. b. Flags Displayed in Conjunction With Official Events or Ceremonies as Announced by Mayoral Proclamation or Common Council Resolution or Proclamation. By proclamation of the Mayor, or by resolution or proclamation of the Common Council, other flags may be temporarily displayed as official City events or ceremonies. c. Flags of Professional Sports Teams. The Mayor may order the display of the flag of a professional sports team in commemoration of a significant achievement involving the City of Utica. d. Ownership of Other Flags. The City shall acquire ownership of all flags that it flies at City Hall. SECTION 2-18-2.5 Flag Raising Application and Approval Process While eligibility for flag raisings are done in accordance with official City action by either the Mayor or the Common Council, all organizations requesting a flag raising must submit an application to the City Clerk for final approval. a. A flag raising request must be made in writing at least three (3) weeks prior to the requested date. Applicants must fill out a flag raising request form at the Office of the City Clerk where it will be filed and sent to the Office of the Mayor. b. The Mayor of the City of Utica may attend all flag raisings. If the Mayor is unavailable, a representative may be sent in place with prior notice given to the applicant. c. All flags must have eyelets in order to be flown. The flag will stay up until the close of business on the day it was raised. The applicant must provide appropriate accommodations to people with disabilities upon request. Examples include:  interpreters and materials in alternative formats. If the applicant plans on playing music, the applicant must provide their own electronic device. d. If the applicant is requesting a proclamation from the Office of the Mayor or the Common Council to be read at the flag raising ceremony, a written request must be submitted to the Office of the City Clerk. e. After the completed flag raising application has been submitted to the Office of the City Clerk, a member from said office will contact the applicant to confirm date and time. f. No request for a flag raising will be denied based on sex, religion, national origin, creed, color or other act that has been decided discriminatory. SECTION 2-18-2.6 Effective Date: This article shall take effect upon final passage the City of Utica Common Council. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, LoMedico – 8 Nays: Colosimo-Testa – 1 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 21st day of May, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk