Common Council Meeting Minutes

City of Utica Common Council – Special Meeting July 22nd 2026 The meeting is called to order at 5:35 P.M. Melissa Sciortino, City Clerk; Andrew Castilla, Deputy City Clerk; Joseph Betar, 3rd District Councilmember & President Pro-Temp Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; 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; Mark Williams, Chief of Police A motion by Councilmember LoMedico to Table Intro. Local Law #4 of 2026 Motion seconded by Councilmember Wasielewski None Opposed A special meeting was called for on the floor for Monday August 3rd, 2026 at 530PM. The agenda will be to hold a public hear on Intro. Local Law #4 of 2026 followed by a vote A motion to adjourn made by Councilmember Colosimo-Testa Motion seconded by Councilmember LoMedico Adjourned: 6:27 P.M.  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 07 / 22 / 26 Proposed Resolution No. Sent to Council Attorney on: 07 / 22 / 26 Thursday Rule Waiver Required? Date of Legislation: / / Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Colosimo-Testa, Burmaster, LoMedico, Betrus, Betar, Carcone CITY OF UTICA INTRODUCTORY LOCAL LAW NO. 4 OF 2026 LOCAL LAW NO. ___ OF 2026 A LOCAL LAW AMENDING SECTION 2.045 OF THE UTICA CITY CHARTER TO ESTABLISH A TEMPORARY APPOINTMENT PERIOD DURING WHICH NEWLY APPOINTED POLICE OFFICERS SHALL BE EXEMPT FROM THE CITY RESIDENCY REQUIREMENT BE IT ENACTED by the Common Council of the City of Utica, New York, as follows: Section 1. Legislative Findings. The Common Council hereby finds and determines that: WHEREAS, protecting the health, safety, and welfare of the residents of the City of Utica is among the highest responsibilities of the Common Council; and WHEREAS, the Utica Police Department is experiencing significant recruitment and retention challenges that have resulted in staffing shortages affecting the Department's ability to maintain appropriate staffing levels for the protection of the public; and WHEREAS, despite extensive recruitment efforts, the available pool of qualified applicants residing within the City of Utica has been insufficient to meet the current staffing needs of the Utica Police Department; and WHEREAS, the Chief of Police has requested that the Common Council provide temporary flexibility regarding the residency requirement in order to expand the pool of qualified applicants while maintaining adequate staffing levels necessary to fulfill the Department's public safety responsibilities; and WHEREAS, the Common Council finds that maintaining adequate staffing within the Utica Police Department is essential to protecting the lives, property, constitutional rights, and welfare of the residents of the City of Utica and ensuring appropriate emergency response, patrol operations, and public safety services; and WHEREAS, the Common Council further finds that, under the current staffing conditions, ensuring the Department can recruit and hire qualified police officers is of greater immediate importance to the health, safety, and welfare of the public than requiring newly appointed officers to reside within the City of Utica; and WHEREAS, the Common Council recognizes that the residency requirements established by Section 2.045 of the Utica City Charter remain an important long-term policy of the City and that this legislation is intended only as a temporary recruitment measure and not as a permanent repeal or elimination of those residency requirements; and WHEREAS, the Common Council intends that the period during which qualifying appointments may be made shall expire after five years, but that an officer appointed during that period shall continue to receive the residency exemption for the duration of the officer’s continuous employment with the Utica Police Department. Section 2. Section 2.045 of the Utica City Charter is hereby amended by adding a new subdivision (d) to read as follows: (d) Temporary Appointment Period and Residency Exemption for Newly Appointed Police Officers. (i) Notwithstanding any other provision of Section 2.045, individuals appointed to the position of Police Officer with the Utica Police Department during the five-year appointment period established by this subdivision shall not be required to establish or maintain residency within the City of Utica as a condition of employment. (ii) Such an officer shall continuously reside within Oneida County or any county adjoining Oneida County during the officer’s employment with the Utica Police Department. (iii) This subdivision shall apply only to individuals appointed to the position of Utica Police Officer during the five-year appointment period commencing on the effective date of this Local Law and shall not alter any other qualification for appointment or continued employment. (iv) An officer appointed during the five-year appointment period shall remain exempt from the City residency requirement for the duration of the officer’s continuous employment with the Utica Police Department, notwithstanding the subsequent expiration of the appointment period or repeal of this subdivision. (v) An individual appointed after the expiration of the five-year appointment period shall be subject to the residency requirements otherwise contained in Section 2.045, unless otherwise provided by law. (vi) Nothing contained herein shall affect or diminish any rights previously granted under Local Law No. 3 of 2020. (vii) This subdivision is enacted solely to address the current police recruitment and staffing shortage identified by the Chief of Police and the Common Council and shall not be construed as a repeal or elimination of the generally applicable residency requirements contained in Section 2.045 of the Utica City Charter. (viii) The authority to appoint additional police officers pursuant to the exemption established by this subdivision shall automatically expire five (5) years after the effective date of this Local Law. (ix) Upon expiration of this subdivision, no additional police officer shall qualify for the exemption established by this subdivision. The expiration shall not terminate or otherwise affect the exemption of an officer appointed during the five-year appointment period. (x) Any continuation, renewal, or extension of the five-year appointment period shall require the adoption of a new Local Law by a future Common Council in accordance with the requirements of the Utica City Charter, the Code of Ordinances, and the applicable provisions of the Municipal Home Rule Law. (xi) Except as expressly provided herein, nothing contained in this subdivision shall alter the residency rights or obligations of an individual appointed to the Utica Police Department before the effective date of this Local Law. Section 3. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect the validity of the remaining portions, which shall remain in full force and effect. Section 4. Effective Date.  This Local Law shall take effect in accordance with the provisions governing the adoption and effectiveness of local laws under the Utica City Charter, the Code of Ordinances of the City of Utica, and the applicable provisions of the Municipal Home Rule Law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi