Month: April 2023

The Saratoga Springs Design Review Board (DRB) met on March 8, 2023, to review the applications submitted by city restaurants for outdoor dining, but there is no record that this meeting ever took place. Finance Commissioner Sanghvi, who is responsible for the city’s website where records of meetings are supposed to be made available to the public, seems unconcerned.

The Missing Meeting

I was recently looking for video of the March 8, 2023 Design Review Board meeting for a story I was working on.

There are two places on the city’s website to view videos of public meetings (more on the problem with this design later).

I looked first on the page labeled “Video Archive” on the city’s website. There was an entry for the meeting and a copy of its agenda, but there was no video nor were there minutes posted. [Note: The “Where is it ?” on the shot below is my comment]

I looked next on the webpage called “Live Meetings” , but there was no reference there that any meeting ever even took place on March 8.

A Violation of the Open Meetings Law

I contacted the New York State Committee on Open Government regarding the missing records.

Christen Smith, a senior attorney in that office, responded. Here are relevant excerpts from her emails:

If the municipality has a regularly and routinely updated website and utilizes a high speed internet connection, it would be required to either post its minutes or post an unabridged recording or transcript. However, even when a video or audio recording or written transcript of the meeting is posted, minutes must still be made available within the statutory timeframes to anyone making a Freedom of Information Law request for the minutes.  

Christen Smith, Senior Attorney, Marh 29, 2023

and

In addition to the advice provided, I offer the following opinion. A public body’s failure to post meeting minutes or an audio recording or written transcript of a meeting within two weeks of an open session or one week of an executive session in which action was taken, is inconsistent with the requirements of Section 106(3). I checked the Saratoga Springs Design Review Board section of the City’s webpage before responding to you initially and you are correct that such minutes, records or transcripts have not been posted and it has been more than two weeks since the meeting of concern.

Christen Smith, Senior Attorney, March 29, 2023

It is clear that the failure to properly post the video and/or minutes of the March 8, 2023 DRB meeting violates the New York State Open Meetings Law.

Commissioner Sanghvi Shrugs Off Her Responsibility

Part of Minita Sanghvi’s job as Finance Commissioner is supervision of the IT Department which is responsible for the maintenance of the city website. Commissioner Sanghvi has a history of failing to maintain the website properly and dismissing problems with it when they are brought to her attention.

I emailed Commissioner Sanghvi and advised her that the city’s website was missing the required video and minutes for the March 8, 2023, meeting. I pointed out that the city’s website is the window into city government for the public, and as its manager she is the guardian, a grave responsibility.

I had hoped that she would share my concern about this breakdown and assure me that she would move vigorously to determine why the information was missing, determine who was responsible, and, if possible, find the missing files.

Instead, she sent the following:

---

On Mar 21, 2023, at 5:03 PM, Minita Sanghvi <minita.sanghvi@saratoga-springs.org> wrote:

We’ve reached out to the Mayor’s office. They are looking into it. When I get a response from them, I will update you. 

Commissioner Sanghvi

---

And a week later, I received this from the Commissioner:

---

From: Minita Sanghvi <minita.sanghvi@saratoga-springs.org>
Date: March 27, 2023 at 12:44:10 PM EDT
To: john kaufmann21 <john.kaufmann>
Subject: Re: Video

We have spoken to IT and the Deputy Mayor but they may need to talk to someone in the Planning Department. Perhaps this is something you can take up with the Mayor’s office since Planning is under their purview.
If we hear of anything in the meanwhile, we will update you.

Best, Commissioner Sanghvi

---

I then wrote Commissioner Sanghvi a stronger email reminding her that she was responsible for maintaining the website. I noted that her office is just fifty feet from the Mayor’s office and that her staff includes a deputy, an executive assistant, and an administrative assistant, so it was hard to understand why she would need me to seek information from the Mayor’s office.

What is most disturbing is that she clearly sees this as a matter that concerns me rather than her.

On March 28, she responded as follows:

---

Mr. Kaufmann, 

We will look into this as best we can. And will get back to you when we have another update.  Minita Sanghvi

---

Again it is apparent that she fails to grasp that this is a serious problem that she needs to aggressively address. “As best we can” does not encourage confidence. Readers who follow this blog will recall that Commissioner Sanghvi routinely opines about her championing of transparency, and yet she seems utterly oblivious as to how central maintaining city records of meetings is and the importance of her role in making them available to the public.

As of the date of this post (April 3, 2023) there has been no further response.

Commissioner Sanghvi’s Chronic Failure To Keep The Website Up To Date

The missing DRB meeting records are emblematic of some additional ongoing problems with the availability of records on the city’s website.

I rely heavily on the city’s website for this blog, but more importantly, the public relies on it. If there is a proposed building project in a neighborhood, this site allows homeowners and renters to observe the deliberations of the city’s land-use boards to assess what impact it may have on them. The same is true for the city’s many committees and task forces, as well, of course, for city council meetings.

For as long as I can remember, the public has been able to view videos of past Saratoga Springs city government meetings by clicking on the “web archive” menu on the city’s website. For the past three months, however, videos of recent land use board meetings have only sporadically been posted there and then only when I have complained to Commissioner Sanghvi.

When I originally wrote to Commissioner Sanghvi that I could not find recent meeting videos, she sent me a link that turned out to be to the “Live Meetings” page of the city’s website. Like most innocent users, I had assumed that the purpose of a “Live Meetings” choice was to view a meeting currently in session, and the purpose of the web archive page was to view past meetings. There had been no notice posted alerting the public that videos of past meetings could now be found on the “Live Meetings” page.

When I pointed out to Commissioner Sanghvi the confusion created by duplicate locations with conflicting names, she ignored the potential problem and actually boasted that having the archive on the Live Meetings page was good because it gave users more choices. Except, there isn’t a choice if the archive page is not updated, and the only place to find a video is on the Live Meeting page. The obvious problem is that there is only a choice if you update the archive page when you update the Live Meetings page.

I wrote software for a living, so I have some experience with interface design. Multiple locations for the same activity only work if the website manager rigorously ensures that both locations are properly synchronized.

Commissioner Sanghvi seems to live in a bubble in which unpleasant truths cannot penetrate.

[JK: From Publius (aka Alexander Hamilton)]

Some Modest Recommendations on Restoring City Council Civility and Decorum

Dear John.
I note your recent reports on city council member indiscrete, truculent conduct and you, no doubt, are keenly awaiting my views on the matter.

I know from bitter experience what internecine conflicts can lead to. You will recall that the then long simmering political animus between Vice-President Burr and me did not end well and so I hasten to intervene in the current disputes before it is too late.

Even after all these many years I still have a deep affection for your fair city and fondly remember visiting my father-in-law’s flax mill in what you now know as Schuylerville. And, of course, Madame Jumel’s house still stands on Circular Street. Did you know that my son, Alexander, Jr., represented her when she divorced Burr.

I reference my connection to your beautiful community so you and your readers may know I speak with sincerity. But I digress. Back to the subject at hand.
Your commissioner of public safety and mayor seem to have caused quite a stir by entering into a high profile public dispute with the county district attorney regarding a gun fight on Broadway, a dispute that required the city council to hire outside legal counsel.

Through January the city has been billed $5,057.50 by the E. Stewart Jones firm to draft a Memorandum of Law in opposition to the District Attorney’s motion to restrain the mayor and commissioner.

Then there was the not too subtile suggestion by one council member that another was ‘slurring’ his speech during a public meeting, much other vitriol, and the filing a frivolous charge against a citizen for ‘disrupting’ a council meeting.

Then, of course, you reported on the “Case of the Risk Manager” and her notice of claim against the city. What delicious irony, the official charged with reducing and managing litigation against the city is now cast in the role of complainant in a potential law suit against the city.

And now we learn, quite by accident, of the Case of the Missing Assessor.
And through all of this, the mayor and commissioner have frequently and unilaterally assumed the role of city attorney in matters far and wide. And, in doing so, have affirmed De Britaine’s adage:

“Before you act, it’s Prudence soberly to consider; for after Action you cannot recede without dishonour: Take the Advice of some Prudent Friend; for he who
will be his own Counsellour, shall be sure to have a Fool for his Client.”

I see no happy ending to all this and so I humbly offer a few modest suggestions to restore council decorum and spare the community even further embarrassment, ridicule and additional legal costs.

Let us start with your charter, that flotsam washed up by the 1900 Galveston, Texas, flood. To avoid a repeat of the disruption that has plagued some recent ‘meetings’ I encourage an amendment to City Charter, Title 2.2: City Council and powers. The current language reads:

“Members of the public shall be scheduled to speak at Council meetings at times and in such manner as the Council shall establish. Time shall be allotted at every Council meeting for the public to speak.”

To avoid disruption and maintain decorum, I recommend that the current language be replaced with the following:

“Members of the city council shall be scheduled to speak and conduct public business at times and in such manner as the public in attendance shall establish. However, in no case shall any one commissioner be allotted time in excess of 15 minutes without public consent. The mayor shall be allowed up to 30 minutes.”

“Any commissioner or the mayor may yield any remaining allotted time to any other commissioner or the mayor. Council members who exceed their allotted time may be escorted from the meeting and placed in a penalty box until the meeting is adjourned.”

“Members of the public shall be invited to speak at council meetings following a lottery to be held prior to the council meeting. Each lottery ticket shall include a number and the time allotted to the bearer. Thus, for example, the bearer of ticket number 2 and labelled 5 minutes, will be the second public speaker and allowed up to 5 minutes to address the city council.

“Members of the public who exceed their designated time allowance shall also be escorted from the meeting and placed in the same penalty box reserved for council members.”

“Any council member or member of the public placed in the penalty box may be allowed to berate each other until their release.”

“The League of Women Voters shall administer these regulations and be the final arbiter of their application.”

“Any council member or member of the public placed in the penalty box shall be assessed a $25 fine for the first offense and $50 for eacf successive offense. Collected fines shall be placed in a dedicated account to pay for diplomatic services mandated by new Title 3. B.” (see below)”

This new Title 2.2 will eliminate disruption and promote an open, collegial environment while still allowing spleen venting and catharsis in the penalty box.

You must also examine Title 3, B: Intergovernmental Representation, to avoid costly conflicts with other governmental agencies such as the recent dispute with the county district attorney’s office.

Title 3, B. Intergovernmental Representation should be amended. The current language provides that:

“ The mayor shall represent the Council in negotiations or matters affecting agreements and contracts with neighboring local governmental jurisdictions, or the county, state, or federal governments.”

I suggest the following:
“The city council shall appoint an “diplomatic ambassador at large” to represent it in negotiations and dispute resolution with other governments. Under no circumstances shall the mayor or any commissioner initiate any dispute with any neighboring local governmental jurisdictions, or the county, state, or federal governments without first consulting with the ambassador as to the merits of the council members grievance.”

Finally, I reference and emphasize portions of my Federalist 8: The Consequences of Hostilities Between the States which I submit is equally applicable to intermunicipal matters.

“Our liberties would be a prey to the means of defending ourselves against the ambition and jealousy of each other. It deserves the most serious and mature consideration of every prudent and honest man of whatever party. If such men will make a firm and solemn pause, and meditate dispassionately on the importance of this interesting idea; if they will contemplate it in all its attitudes, and trace it to all its consequences, they will not hesitate to part with trivial objections …”

Your humble reader,

Publius