City Scrambles To Address “Human Error” Resulting In Its 2024 Budget Exceeding The New York State Tax Cap

Some years ago, New York State adopted a tax cap for municipalities and school districts. It required that these institutions limit their tax levy increase to 2% or inflation, whichever is lower. In the case of municipalities, they can override the tax cap, but there are strict rules on how this is to be done. Saratoga Springs Commissioner Minita Sanghvi’s 2024 budget adopted by the Council, Sanghvi now admits, exceeded the state’s tax cap without adhering to state requirements.

On December 7, 2023, I published a post on the chaos of the proposed city 2024 budget. At the time, I wrote:

This budget, however, which raises taxes for the second year in a row, appears to have a tax levy that exceeds the New York State limit. 

December 7, 2023 blog post

Finance Commissioner Minita Sanghvi has proudly announced on several occasions that she does not read this blog. It appears that in this case she might have benefited from doing so. It seems that she has just discovered at the last possible moment that, in fact, the city has exceeded the tax cap and did so without first passing a required local law that would allow for this.

Here is an excerpt from her resolution:

“WHEREAS, since then, it has come to the attention of the Department of Finance that the amount stated in the 2024 Adopted Budget as $17,640,999, which is listed as line # A012-41001 was based on erroneous calculations. Upon investigation, it was found that the calculations were caused entirely by human error. A
summary of the erroneous calculation and the correct calculation are included with this resolution and made a
part hereof”

Resolution From Commissioner Sanghvi

As Sanghvi routinely touts her transparency, it will be interesting to see if the public will learn exactly what the error was, who was responsible for it, and what actions will be taken to avoid such errors in the future.

Cap Guidelines from the New York State Department of Taxation and Finance and the New York State Department of State gives these directions:

“If the levy exceeds the tax levy limit due to technical or clerical errors, the excess amount shall be placed in reserve in accordance with Office of the State Comptroller requirements.”

For some reason Commissioner Sanghvi, having now admitted her budget exceeded the tax cap is now ignoring the state’s direction on what the next step needs to be.

Instead she has on her agenda a resolution that takes a convoluted path to amend the 2024 budget and amend the tax rate based on section 4.4.8 of the city charter.

My reading of the state requirements for overriding a tax cap lead me to believe that Sanghvi’s resolution fails to adhere to the state’s requirements. It is unclear if Sanghvi has communicated with the Comptroller’s office as to whether her resolution is acceptable.

As the current people on the Council routinely introduce new resolutions at the Council table, I am going to wait until the final version is adopted to comment further on whether they are handling the override properly.

10 thoughts on “City Scrambles To Address “Human Error” Resulting In Its 2024 Budget Exceeding The New York State Tax Cap”

  1. I am currently watching this emergency meeting. I have not been a fan of Minita Sanghvi yet I have no idea what Kim’s issue with her right now. His vitriol and bullying are outrageous, even for him. His disrespect, even if his point may be accurate, it so far below anything that can be considered professional. He seems to be using his last few days to wield his “power” and be AGAST that he has to take his precious time to deal with this city issue. He is horrified that he has to do his job while his family is having fun. I’m sorry to remind him that City Hall is still open and everyone else will work right up to NYE. Apparently, he thinks he is an exception.

    Liked by 1 person

  2. Sanghvi: Incompetent, arrogant, 2 more years
    Moran: Arrogant, manipulative, 2 more years
    Golub: Bland, non-verbal, 2 more years
    Kim: Argumentative, arrogant, vulgar, gone
    Montagnino: Clueless, confrontational, gone

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  3. didn’t they have an overage of 140K that they were asking the public how to spend? Never a thought to defer spending and lower the tax rate increase in 2024?

    maybe I am not remembering the amount correctly but a surplus of unspent nonetheless.

    just kick the can down the road…

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    1. 0 to no chance against Jim Tedisco. I get a feeling she knows she’s in over her head and will find a way to save face and retreat to the alternate reality of Skidmore College.

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  4. I agree that Sanghvi has been less than impressive in her role and I’m sorry she had no opposition this past election. That said, no one deserves to be treated as she was in the last council meeting. Anyone who didn’t watch should take just a few minutes to see that section of her items. Kim was at his very worse and beyond unacceptable in his behavior.

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  5. Dillon bullies Manita to move money in the lines. Something is off here. She started off saying something about a PILOT agreement. Those are administered on the tax roll through the Accounts Department. Dillon is obsessed with the money (and contracts) and moving it around. It would be wise for people to question the multiple contracts to GAR for the same services and almost $60k for a short term rental software service?! He is robbing you blind. Apparently he has a new house right on Lake Champlain too.

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  6. I’ve never heard of software costing $60,000. Dillon is obsessed with interfering with homeowners who want to use their homes for Airbnb rentals. Is it because he has had bad experiences with his neighbors who Airbnb their homes? Where is the proof that there are problems with homeowners renting out their properties?

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    1. Dillon is taking on the Air BNB issue on behalf of the Chamber of Commerce, who have been pushing for regulation / short term rental taxes for years….

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