Month: September 2023

Saratoga Springs Mayor Ron Kim routinely acts impulsively, often not checking the facts before speaking. This post gives examples of two recent incidents of Ron Kim’s continuing intemperate behavior.

Mayor Kim’s Abusive Telephone Call

Following Mayor Kim’s notorious, well-publicized, epithet-laden rant at Public Safety Commissioner James Montagnino in May in city hall, the Mayor followed up with a phone call to Montagnino and continued his abusive language. Montagnino recorded the conversation. Mike Brandi, city Republican chair, successfully FOILed for it. Here is the recording of the conversation.

Warning to readers: this audio contains foul language.

Kim told the media that Montagnino violated city regulations by recording their conversation.

Neither Kim nor the media cited what regulation may have been violated. I searched the city’s website and could find no such regulation.

Kim Denies Reality

In an earlier post, I wrote about the cronyism demonstrated by Mayor Kim in filling Tina Carton’s vacancy when she left city hall.

Recently, a citizen named Sam Brewer wrote to Mayor Kim asserting that it had been illegal for the city to have released the applications from people seeking the job that were posted on this blog.

Kim responded to Brewer by falsely declaring that the city never released this information in response to a FOIL request and that he had initiated an investigation as to “how and why these were released to a party outside of city hall.”

The problem is that it is a simple, easily verifiable fact that he is wrong when he claims the city did not release the documents to me through a FOIL request.

The following is the cover letter releasing the documents to me per FOIL.

One would think that the appropriate thing to have done in response to Mr. Brewer’s letter would have been for Kim to first determine if the city had indeed provided the documents under FOIL. The office that handles FOIL requests reports to Kim. He could easily have called the office to check before he replied to Brewer. He also could have checked my post because the post contained a link to the entire FOIL correspondence.

Regrettably, his assertion is part of an established pattern. Mayor Kim routinely acts impulsively rather than taking the time to check the public record. This reckless behavior is deeply worrisome. One has to wonder what ill advised actions with serious consequences he has carried out without the benefit of the facts.

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Mayor Ron Kim’s Email To Sam Brewer

From: “Ron Kim” <ron.kim@saratoga-springs.org>
To: “S3 Operations” <S3ops@outlook.com>
Cc: “Minita Sanghvi” <minita.sanghvi@saratoga-springs.org>, “James Montagnino” <james.montagnino@saratoga-springs.org>, “Dillon Moran” <dillon.moran@saratoga-springs.org>, “Jason Golub” <jason.golub@saratoga-springs.org>, “Tara N Gaston” <TNGaston@saratogacountyny.gov>, “mveitch” <mveitch@saratogacountyny.gov>, “Tony Izzo” <tony.izzo@saratoga-springs.org>
Sent: Monday, September 11, 2023 11:28:08 AM
Subject: Re: FOIL and Privacy Act – Legal Issue

The City did not release these resumes pursuant to a FOIL request and is currently reviewing how and why they were released to a party outside City Hall.

Ron Kim, Mayor

City Hall, 474 Broadway, Saratoga Springs, NY 12866

EML: Ron.Kim@saratoga-springs.org

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Email From Sam Brewer To Mayor Kim

On Sep 10, 2023, at 9:47 AM, Sam Brewer <*****@outlook.com> wrote:

CAUTION: This email originated outside of the City network. Please contact IT Support if you need assistance determining if it’s a threat before opening attachments or clicking any links.

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Council,

I hope you have enjoyed the summer.  I monitor the local news and I noticed a post on the blog of John Kaufman whereby he specifically criticized an applicant and posted the resumes of applicants to a civil service position within the City.

I was shocked to see that the city released individual resumes with its response to a FOIL request.  

Specifically, personnel files are normally excluded from FOIL requests as the public does not have the right to know certain information.  A resume becomes part of an HR file once someone is hired; I think this would be covered under any FOIL exclusions.  It is certainly covered by the Privacy Act of 1974, which should be applied via an interpretation of the Supremacy Clause of the Constitution even if not explicit in NYS Municipal or other law.

In any case, no one has the right to interfere with a hiring process for a specific position or person in this way and I hope the city takes action to revise its policy associated with data release in relation to FOIL.  While he may publicly criticize the Mayor, having the public evaluate resumes is a gross intrusion on personal privacy and the actual hiring process.

In addition, publishing information about Ms. Munger and her past career experiences may put her at risk.  She may not be required or allowed to list details of certain career experiences, and people like Mr. Kaufman may actually target individuals like her because she is on a list maintained by a group that likes to keep people like her out of government and out of work.

Thank you for reading.

Sam Brewer

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[JK: Full disclosure: my wife, Jane Weihe, is Tim Coll’s campaign manager]

The Fiasco

In a grim reminder of the general degradation of politics and of civility, a group from Albany, Project Salam, held an event on September 20 at Caffe Lena as part of Peace Week in which they ignored the principles of basic fairness to try to trash Tim Coll’s campaign for Saratoga Springs Public Safety Commissioner.  Their focus was on his involvement in the prosecution of two men in Albany some twenty years ago in relation to a terrorism case. At a press conference the previous week announcing the endorsement by Ron Kim and three current City Council members for her campaign for Public Safety Commissioner, Kristen Dart promoted this same narrative.

Peace Week

Saratoga Springs Peace Week is a laudable project meant to encourage a world free of violence and mayhem.  The group has been steadfastly organizing its events for a number of years now.  They sponsor different events in a variety of venues around the city.

This year, a group of activists cynically hijacked the project.

Their event was advertised as a showing of an hour and a half long film titled “Witness,” along with a panel.

“Witness” is a documentary that alleges that two innocent men were entrapped by the FBI and sentenced to fifteen years each related to a plot to buy a stinger missile to be used in an attack in New York City.  The panel was comprised of five people, all of whom supported the narrative of the film.

The law enforcement team that carried out the investigation was led by Tim Coll.  Mr. Coll is now retired from the FBI and is currently running for Commissioner of Public Safety.  The film presents Mr. Coll and his fellow agents, the US Attorney’s office, and federal District and Appellate judges as villains who cruelly targeted two ordinary citizens simply living their lives in Albany twenty years ago. According to the film, the FBI manipulated Yassin Aref and Mohammed Hossain, using an informant, into committing criminal acts.

In the September 19, 2023, edition of the Times Union, one of the attorneys who participated in the men’s legal defense, told the paper,

“For people in Saratoga, we thought it would be good for them to know more about (Coll),” Aref attorney Kathy Manley said. “He was the main player for the FBI in this case. He was the handler of Shahed Hussain. He testified three times at trial. He was the main witness for the prosecution. … Tim Coll was very instrumental in this case.”

In spite of Mr. Coll being the focus of this program, he was never notified about the proposed event.

Coll Asks For Fairness

Mr. Coll called Ms. Manley and asked that he be allowed to present his side of the story.  Ms. Manley at first refused and then subsequently told Coll that he would be allowed “three to five minutes.”  

The terms of Mr. Coll’s appearance changed repeatedly.  The right to “three to five minutes” became no longer a right as he was told that he would have to line up in the public comment period after the film and the five people on the panel had spoken. He could speak only if there were time. 

A Regrettable Display of Abuse

The program took place at Caffé Lena.  

Sarah Craig has been the manager of Caffé Lena for many years.  Sarah has done a wonderful job carrying on Lena’s legacy, and the city is much indebted to Ms. Craig for her dedicated service to this important venue.

In a clear attempt to address the problems of fairness in the event, Craig made some introductory remarks.  She told the audience that anyone who would like to respond to the film would be provided with time to do so.

I assume that Ms. Craig established this principle with the Salam Project sometime prior to the event.  Such promises were clearly disregarded by the panel.

It did not portend well when, during his introductory remarks about the film, Masood Haque, the filmmaker, told the audience that the purpose of the evening’s event was not “for someone to come here and repair his reputation,” a not too subtle reference to Tim Coll.  

It was all the more disheartening when someone from the panel then announced that there would be no comments allowed from the audience, only questions.  

It Got Uglier

Following the film and a half hour of comments from the panel, the floor was opened up to the audience. Coll was the first member of the audience to be at the public microphone.  He was almost immediately interrupted by Mr. Haque, the filmmaker, who instructed him to dispense with his remarks and “ask the question.”  Coll tried to continue, but Mr. Haque in particular, and others on both the panel and in the audience aggressively interrupted him.  Someone on the panel scolded him, telling Coll that other people wanted to speak.  At some point a voice (I think it may have been Ms. Manley) told him he would be allowed two more minutes.  Through the noise and chaos, Coll noted that the judge had instructed the jury that the FBI had a valid reason to target Yassin Aref.  He asked Ms. Manley, “Didn’t the defense agree to the judge’s statement?” She responded that “we had no choice.”  Coll attempted to answer back but was shouted down.  He told me that he was going to point out to her that the defense did not have to agree to this, but if they did not, then the court would have brought in witnesses from Iraq with documents showing the interaction between Aref and terrorists in Iraq.  Coll noted to me that the defense agreed to the stipulation because it would have been worse if the jurors had heard the soldiers testify about the damaging documents. 

Coll was never able to say all this because, at that point, members of the panel and audience began shouting at him.  They yelled that he was hijacking the event, etc.  Coll was unable to continue and sat down. In a shameless demonstration regarding the bias and animus of the panel, subsequent speakers (all of whom were supportive of the perspective of the film and the panelists)were allowed to address the panel and make comments or ask questions without interruption or time limits.

According to Kathy Manley, Coll spoke for a total of three minutes and 8 seconds while being frequently interrupted.

Here’ s a recording of his attempt to speak.

Craig Offers an Apology

To her credit, following the meeting, Sarah Craig, the manager of Caffé Lena, sought out Tim and apologized for what happened.

In Defense of the Sponsors

Both Caffé Lena and the leadership of Saratoga Peace Week are really victims of this disgraceful business.  Their good hearts and naiveté assumed that people interested in pursuing peace would behave with civility and fairness.  Unfortunately, they were wrong.

For Better or Worse

Readers may not know that I see myself as a person of the left.  The left, like the right and like other social movements, is not homogenous.  I am not the arbiter of who can claim to be of the left.  I can only express my own personal views.

I believe that our methods shape our outcomes.  A better future requires us to act with fairness, compassion, and integrity.  If our arguments are strong, we should have no fear in debating those who disagree with us.  In fact, none of us are infallible, and healthy engagement keeps us from adopting self-serving blinders.

I fully support the goals of Peace Week, but I hope this debacle will result in a reassessment to avoid another incident like this in the future.  There should be standards of fairness established and required by all.   People interested in organizing events should be required to submit applications describing what the event will address and affirming a commitment to fairness and civility.

At a press conference at which four members of the current City Council endorsed Kristen Dart in the race for Saratoga Springs Public Safety Commissioner, Ms. Dart attacked one of her opponents, Tim Coll. In her most unfortunate accusation, she quoted a judge regarding the prosecution of four men convicted of terrorism. The judge slammed the investigators and prosecutors for entrapping the men.

Regrettably, Ms. Dart failed to mention that Mr. Coll had no role in that case. He did head a different investigation of two men in Albany who were convicted of terrorism, and that conviction was unanimously reaffirmed in an appeal to the Federal Second Circuit Court of Appeals.

Tim Coll Responds To Her Allegations

I received the following press release from Mary Beth Delarm. I previously covered her appearance before the Saratoga Springs City Council when she thoughtfully expressed her disappointment with the way Council meetings were being conducted.

Link to Ms. Delarm’s commentary to the Council.

Ms. Delarm was a Red Cross volunteer on 9/11 at the Twin Towers following the collapse of the buildings.

As she explains below, she served on the committee organizing this year’s 9/11 memorial event in the city assisting in planning the program which is set for tomorrow (this is being written on September 10, 2023). Apparently, Mayor Kim did not forget her remarks to the Council, however. The Mayor participated in a live meeting via zoom of the 9/11 committee and stripped her of her role on the committee and from participating in the program where she was scheduled to speak.

“Cruel politics overshadows 9/11responders

After misleading Red Cross volunteer Mary Beth Delarm who donated countless weeks tending to other responders following the World Trade Center 9/11 attacks at Ground Zero, Saratoga Mayor Kim kicks her from the 911 commemorative ceremony, dissing her 911 response role as mediocre.

Kim’s latest power move came after requesting Delarm donate two weeks to helping Saratoga plan the remembrance program, gather speakers and to speak about her own 911 experience. Delarm said “ The mayor blindsided me at a final 9/1 recorded 911 committee zoom meeting saying “no one wants to hear another responder’s story as Red Cross volunteers weren’t really official /important responders”.  Delarm said “He didn’t just stun me. His words shocked everyone, particularly the core of every volunteer responder on earth.” “You couldn’t hear a pin drop, except for my sobbing hearing such hurtful remarks.” She tried to reply, but Kim firmly said “his decision is final!”

Evidently Kim was retaliating, Delarm said. The mayor pointed to an August 15 City Council meeting public comment where she requested  “ during the city’s  9/11ceremony, the city should focus on responders and respect for those who are lost, not politicians”. Mary Beth also requested “the city get back to business and focus on respect for fellow citizens concerns, rather than free-for-all disruptions that have been occupying government efficiency for almost a year.“ (reflecting similar concerns June 20).

Delarm and other community responders reeling from the mayor’s comments, encouraged her to respond to Kim at the last City Council meeting September 7.  But during open public comment, as Delarm walked to the mic, Kim prevented her from speaking, yet allowed another uncontrollable outburst from BLM activists.

Delarm’s response she planned on submitting to Mayor Kim follows:

“Mayor Kim, please tell the Public and myself,

1) What has my past public comments on decorum in City events and meetings to do with me as a World Trade Center responder sharing my personal Ground Zero experience on a day to honor responders and remember those who have died?

2) “Why did you invite me to help organize and speak at a 911 event you don’t believe respects and honors ALL in our all inclusive city?

“That I’m  ‘just another responder’s story and some responders are not as important as others’ is heartless and immoral. Your disrespectful behavior is precisely what our City Hall leaders should not be displaying.”

“You’re implying ‘Red Cross as UN-important responders with the same old story’ is just wrong. Red Cross continues disaster response in unsafe areas across half the nation right now as the main organized charitable volunteer group without pay. All responders reach into our hearts because we want to help others. Our common bond is kindness qualified with heartfelt support to others from around the world. No matter belief, gender or faith, we insure respect for all!”

“No responder is mediocre. We all bring a willingness to serve. Red Cross and thousands of other responders sacrificed time away from family on 911. No matter our title or capacity: WE all shared different emotional experiences which got us through to the next dawn. We all breathed the same toxic air, suffered massive health repercussions and we all have the 911 cough if even blessed to still be alive. Whether they wore a helmet or not, one could not sustain work without Red Cross volunteers day and night caring for everyone as they left cindered piles covered in debris.”

“On 911, the most important thing is to commemorate each and every responder who proudly served in NYC, and keep your petty politics out of it. And especially not forget the courageous who rushed to help in an unsafe environment where people jumped from skyscrapers, because that was their best out.”

“It is attitudes like yours that fail to recognize and appreciate all responders and veterans, forgotten except one day a year, that causes many to commit suicide. 9/11 Responders and those who helped unofficially as volunteers are still dying every day as a result of their fearlessness. Forgetting us and those aging out of the 911 era cheats people and their families who may not be here next year to memorialize the experience. It turns an emotional event many are proud to have served to betrayal and disrespect. The exact things which caused 911.”

“You may try to rob or censor my freedom of speech (as you indicated in your follow-up email), but you will not steal my memories. DESPITE your dishonor and hurt to all who risked their lives, my mission to represent the many people and their families who struggled alongside me in the ashes of 911 will never wane.

“I encourage you & your Commissioners to put aside your negative politics and biases and demonstrate a new generation of kindness, respect & humility to everyone, as all responders did during 911.”

Mary Beth Delarm 

Sept 7, 2023 (City Council Planned speech)

Since 911 Mary Beth continues to represent the Red Cross in volunteer response to disasters locally and nationally with mass relief efforts feeding, sheltering, mobil ERV emergency needs, disaster assessment, pet sheltering and services to Armed Forces. She is currently on call down for hurricane Lee as it barrels up the coast if the response need arises.

Mary Beth also volunteers in many other capacities donating her time and resources to charities such as veterans organizations, pet shelters, Saratoga friends bookshop and as a health patient advocate for seniors and vulnerable. While wearing any hat serving another, Mary Beth says the most important thing is respect.

On August 13, 2023, people gathered in front of the Saratoga Springs downtown Post Office with, as reported by the Times Union, “messages of tolerance and vociferous support for people of color, the LGBTQ community as well as Muslims, Jews, and other targets of the extreme right.” The rally was prompted by a brief appearance downtown on August 5 by a group who identified themselves as the Proud Boys.

One might ask, who would condemn a peaceful and earnest crowd calling for tolerance?

Oddly, the answer is the local group that identifies itself as Saratoga Black Lives Matter. In a lengthy and densely worded manifesto posted on their facebook page the group states:

“…we feel compelled to speak out against the….counter protest organized by individuals on Sunday.”

[The entire BLM statement appears at the end of this post.]

BLM Objects to Organizer’s Call for Civility

Apparently one of the major objections BLM had to the rally organized by Linda LeTendre, a white woman, was the list of ground rules she announced for the event.

According to the Times Union

“The group Sunday was peaceful and the proceedings began with a list of ground rules read aloud by the organizer, Linda LeTendre. Attendees were not to vandalize, use profanity, make threats of or engage in any physical violence.”

Times Union August 13, 2023

In response, BLM’s Statement called these ground rules “counterproductive and unjust“. They wrote on their facebook page:

“Setting rules for participants to be ‘respectful’ and ‘friendly’ to law enforcement during a protest…is deeply problematic.”

According to BLM Ms. LeTendre’s ground rules constituted “tone policing”. By tone policing they apparently mean, requiring participants to speak civilly to each other and the community and eschewing intemperate foul language and making threats. They wrote:

“Saratoga BLM understands that there is a clear divide between the strategies and goals of Black Liberation organizations versus many white social justice groups, however the language used when organizing this counter-rally was both counterproductive and unjust. Tone policing Black activists dismisses the deeply rooted emotions and righteous anger that arise from generations of systemic racism and oppression. Suppressing the raw and unfiltered expression of these feelings undermines the authenticity of our demands and detracts from the urgency of addressing the very issues we are protesting against.

-BLM Statement, August 17,2023

BLM Objects to Leadership Role of White People in Organizing the Rally

In their statement BLM also objects to the “…centering of white voices and their desires during the counter-protest.” According to the manifesto, attempts by white people to organize against intolerance somehow suppresses those discriminated against in our society.

The BLM post asserts that “…elevating white voices to the front inadvertently creates an environment where privileged perspectives dominate, suppressing the agency and leadership of those who are most effected by the issues at hand.“

And

“It is vital to understand that centering white individuals in social justice movements does not merely reflect an innocent desire for inclusivity, it can result in profound consequences that hinder progress. Instead, the path forward involves actively listening to marginalized voices, amplifying their stories, and supporting their leadership.”

BLM Statement August 17, 2023

While at one point their statement acknowledges that “The struggle we are facing is a great one, which…requires collective action…” they seem to be saying here that actions should only take place under their leadership, that white leadership of any movement or organization for social justice can “hinder progress”. Would this then in their view eliminate a white trans person, a white disabled person, a white Muslim, etc. from leadership positions or does this only apply to white women?

BLM Blames Past Council Members and One Current City Official for Presence of Proud Boys

Without being specific BLM blames former Mayor Meg Kelly, former Public Safety Commissioner Robin Dalton, and current Public Safety Commissioner James Montagnino for the Proud Boys “feeling…..welcome” in Saratoga Springs.

They wrote:

The actions taken by individuals such as Robin Dalton, Meg Kelly, and Jim Montagnino throughout their time in office are in direct connection to neo-nazi organizations feeling as though they are welcome to come into our communities to spread (sic) biggoted messaging.

BLM Statement August 17, 2023

BLM does not describe what specifically these three city officials have done to make the Proud Boys feel welcome nor do they explore why the Proud Boys also “felt welcome” in Waterford and Ballston Spa where they also marched on the same day. According to the press this particular group of Proud Boy belong to a Troy chapter which would seem to make Troy even more welcoming than Saratoga Springs. No sign of BLM calling out any of those city officials, though.

The Complete BLM Statement

cc Full Document