The city of Saratoga Springs has been in negotiations with the New York State Attorney General’s Office (OAG) for eighteen months over an agreement called an Assurance of Discontinuance or an AOD.
The AOD’s purpose was to address how the city should deal with the criticisms of how the police handled BLM demonstrations in 2021. The OAG’s report on the handing of these demonstrations, “A Report on the Saratoga Springs Police Department Response to Protests in 2021”, included extreme and sometimes false allegations based on several instances of intemperate remarks by two city officials that were exploited to describe Saratoga Springs as a city so marked by racism and violence that it sounded like Selma, Alabama, in 1965. The many problems with this report were explored in a previous post in February 26, 2024
Both the city and the OAG were trying to reach an agreement on which actions the city would be required to take to to avoid litigation.
The original draft of an AOD agreement to address the report’s allegations contained a litany of reforms that sparked considerable disagreement between the city and the OAG. The problems with the original draft were explored in detail in a previous post from June 26, 2024.
Fortunately, cooler heads prevailed. Public Safety Commissioner Tim Coll, his deputy Dan Charleson, Police Chief Tyler MacIntosh, Assistant Chief Frederick Warfield, and James Potter of Hinman Straub (hired as counsel by the city) all worked with the OAG staff in the negotiations. Over time, the two groups established trust in each other, and both worked hard to craft a revised document that would yield policies that would enhance both the department and the community in maintaining the city’s law enforcement capabilities while protecting the constitutional rights of all.
The final agreement, which the city approved at its January 6, 2026, meeting, is radically different from the original OAG proposals.
Highlights Of The Revised Agreement
- The original AOD stated that police on bikes could not be used for crowd control. That language was later removed.
- The original draft specified that the throwing of water bottles did not justify an arrest. That provision was removed.
- The Original draft prevented the SSPD from charging demonstrators with low-level offenses after the conclusion of the demonstration. The final agreement now allows the SSPD to bring low-level charges after a demonstration has been concluded. An Independent Oversight Official approved by the OAG will review these charges should they occur.
- The original draft contained overly broad language that would have precluded the Public Safety Commissioner from influencing the department’s actions. The language was tweaked to say that the Public Safety Commissioner would not “improperly” influence the department.
- The original draft banned the use of mounted police. In the final version, horse-mounted police are permitted at First Amendment assemblies only in positions at the back ranks of the police presence and shall not be used for crowd control, except in an emergency when necessary to ensure the safety of police officers and demonstrators.
- The original language precluded any surveillance of protesters. Paragraph 57 now states that the city is prohibited from conducting surveillance based solely on engagement in First Amendment activity. This is consistent with federal Attorney General Guidelines.
- The draft required that public comment shall be moved to the end of City Council meetings. When it was pointed out that the public would be frustrated by not being allowed to comment on resolutions prior to their adoption at Council meetings, it was agreed that the language would be changed from “shall” to “may.”
- The AOD affirms that the City may enforce the demonstration declaration and has agreed to remove any potential jail sentence. As such, enforcement will be based on fines. Spontaneous demonstrations are permitted and have been upheld in federal cases. The AOD clearly defines a spontaneous demonstration as one that occurs in response to news or events that come into public knowledge less than 48 hours prior to the demonstration.
- SSPD should advance to Tier 4 (arrest) only when demonstrators have refused to comply with dispersal orders issued at Tier 3. Dispersal orders must be read three times, with five-minute intervals, between each warning. If an emergency exists, SSPD may instruct demonstrators to disperse immediately.
- The new language requires the city to establish a senior officer to be responsible for internal affairs. They would be trained to effectively monitor and manage disciplinary actions against officers charged with violations. Paragraph 73 indicates that we need a Captain or higher designated as an Internal Affairs Officer, which will require a new hire for the SSPD.
A Win For All
Given the highly charged nature of the issues, it is a testament to both the city and the OAG that patience and commitments to both the Constitution and the need for effective law enforcement led to an agreement that benefits the city and all its residents.
Saratoga Springs Politics 