Past Saratoga Springs Democratic Committee Chair Pat Tuz Cited for Violating Federal, State, and City Environmental Regulations- Updated

[JK: This article was originally posted about a week ago. It has been updated with additional information]

I had heard that the recently resigned chair of the Saratoga Springs Democratic Committee, Pat Tuz, had been cited for violating city code and state and federal environmental regulations.

I wrote to Ms. Tuz inquiring about the allegation and received this response.

They have been out here.  We are waiting to hear their report.  I think we put some stone below the water line on the lake. 

There’s no story there John and please nothing about my personal life.  

Thanks,

Pat Tuz

March 31, 2023

My first response was to honor her request. If what she stated were true, then it seemed like a minor violation that did not deserve posting.

However, I made some inquiries and acquired documents that indicate a far different story from what Tuz told me.

The Violations

Apparently, Ms. Tuz and her husband, Jon Weilbaker, built a driveway on property they own on Saratoga Lake. Their property has a steep slope, so their clearing of the land and the gravel they laid down for the driveway created an environmental threat of runoff into Saratoga Lake. Their actions involved violations of the New York State Department of Environmental Conservation and Saratoga Springs land use codes. In addition, they disturbed some wetlands.

The following documents from New York State and the city make for interesting reading describing multiple infractions and the required remediation.

On page one of the following New York State Department of Environment violation notice, Tuz’s husband tries unsuccessfully to convince the DEC investigator that the driveway was not meant for vehicles but was simply a path to the lake. The rest of the document cites numerous problems and what remediation will be required.

Here is the notice sent to Ms. Tuz and her husband John Weilbaker by the city on March 13 informing them of multiple violations of city codes including their failure to obtain the required permits for the work they had done. The city ordered them to immediately cease work on the property until they had obtained the proper approvals from the city Zoning/Planning Department.

It’s Always The Coverup

I do not think it is unfair to characterize Ms. Tuz’s email to me as grossly inaccurate and misleading. “We put some stone below the waterline” does not accurately describe why the state and city were unhappy with what she and her husband had done.

Interestingly, Ms. Tuz is on the board of the Saratoga Lake Association (SLA).

According to the SLA website:

“The Saratoga Lake Association is a not-for-profit organization. Its purposes are to promote and enhance the health, safety, sanitation, ecology, recreation and environmental quality of the Saratoga Lake area through education, charitable contributions and environmental action.”

SLA

Pat Tuz Statement On Her Resignation As Chair of the Saratoga Springs Democratic Committee

[JK: Pat Tuz sent me an email explaining her resignation]

Hi John:

On the subject of my resignation, on my part it was planned.  Life’s circumstances got in the way  with our business and a few personal matters, and, as you may know,  the Democratic Committee took a lot of time.   I decided to complete the petitioning process so that I would not leave anyone in the lurch before resigning.  And it was soon enough before the primary so we could give someone else a chance.

I enjoyed the committee very much.  There are a lot of hardworking, dedicated people on it and it was a pleasure to work with them.

Thanks for your interest! 

Pat Tuz

Who’s Next?

The Executive Committee will handle meetings until the right person steps up. It does take a lot of time and commitment so anyone would want to make sure they can make that commitment.

Pat Tuz

April 4 City Council Meeting: Mayor Kim Oversees Madness and Vitriol

The April 4, 2023, Saratoga Springs City Council meeting devolved into a five-hour ordeal of toxic outbursts and recriminations exchanged amongst the Council members themselves and coming from Black Lives Matter members in the audience. Mayor Kim, unable or unwilling to maintain order, empowered the worst behavior from BLM and his colleagues at the table. While Kim’s mismanagement of the meeting was the major factor, his colleagues on the Council must share some of the responsibility for this craziness.

Emblematic of the evening, in a particularly shocking breakdown of decorum and civility, BLM leader Lexis Figureo seized the microphone from Chris Mathiesen as Chris tried to address the Council during the public comment period. In the following video, Mathiesen asks Mayor Kim, “Is this ok with you?” Mayor Kim’s response was to inform Mathiesen that he (Kim) was running the meeting and then to shut down the public comment period. Members of BLM then removed the temporary barrier that separated the Council table from the public seating area and invaded the space adding to the toxic chaos. In fact, one of the BLM people grabbed Public Safety Commissioner Montagnino’s microphone from the Council table and used it to shout epithets.

This city is flirting with real trouble. This aggressive behavior, if unchecked, has the real potential to descend into violence, and yet Mayor Kim and his colleagues at the table that night, with the exception of Commissioner Montagnino who appealed to the Mayor to restore order, sat ineffectually by like bystanders watching a train wreck.

A Pointless Resolution

To understand just how bizarre the evening was, it is important to grasp just how pointless one of the main events on the agenda was. Commissioner Montagnino had brought a complaint of disorderly conduct against BLM member Chandler Hickenbottom following the the shut down of the February 7 City Council meeting after repeated disruptions by BLM members. So the main event at this meeting was the consideration of a resolution offered by Kim that allegedly relieved the city of liability for any litigation resulting from the charges brought against Chandler Hickenbottom (BLM) by Commissioner Montagnino. In addition, because the Council had not formally endorsed Montagnino’s action, the resolution claimed that Montagnino had acted as an individual not as a city official and was therefore not entitled to any coverage for legal costs should he be sued.

State law establishes that elected officials are indemnified for suits related to their office’s duties. The city’s insurance policy covers our elected officials based on this law. This policy would provide money for their representation in court in case of a complaint against them and cover any fines.

The poorly crafted resolution asserted that the Council never authorized Montagnino to bring his action against Hickenbottom and boldly asserted that therefore “…neither Chapter 9 of the City Code nor Section 18 of the Public Officers Law shall apply.” It provided no language from the state law supporting this assertion.

If the New York State Public Officers Law would not cover Montagnino’s liability then he is not covered. If the New York State Public Officers Law does cover Montagnino then he is covered. One way or the other, the resolution is trumped by state law.

So, as Montagnino accurately pointed out during the discussion, the resolution is pointless.

What, then, was the purpose of this resolution?

It was about drama along with petty payback and not the law.

How About Consulting The City’s Insurance Carrier

The primary drafters of this resolution were Kim, his deputy Angela Rella, and Public Works Commissioner Golub. While all three are lawyers, none have any municipal law expertise.

There was a simple way to determine if the action against Montagnino was enforceable. All they had to do was consult the city’s insurance carrier as to our policy.

They didn’t.

Free Speech Suppression?

The proponents of this resolution allege that Chandler Hickenbottom’s free speech had been denied out of some animus based on racism and sexism. In this excerpt, Accounts Commissioner Moran berates Montagnino claiming that Montagnino’s racist rant stopped the February 7 meeting.

What Actually Happened On February 7.

This is a twelve-minute video from the events of February 7, 2023. It was these events that are the basis for both Montagnino’s action and Kim’s resolution. It belies Moran’s intemperate and untrue accusation that Montagnino’s “racist” remarks were what stopped the meeting. Montagnino never spoke during Hickenbottom’s rant.

Speakers at public comment are allowed two minutes. As documented in this video, Ms. Hickenbottom monopolized the microphone for twelve minutes, refusing to adhere to city policy after repeated requests that she give up the microphone to the next speaker. In her comments, she herself observed that she was “going to keep disrupting.”

You might call what Hickenbottom did a form of civil disobedience, but characterizing Ms. Hickenbottom as a victim of speech suppression is a fabrication.

The Council Has Descended To An Unsustainable Low

As bad as past meetings have been, April 4th’s meeting achieved a new low of toxicity and belligerence. Figuereo and his allies continually attempted to interfere with the meeting for four hours, yelling and making thoughtful deliberation by the Council problematic.

The tone and substance of the council members were not much better. The Mayor is unwilling to implement any standard of decorum and civility. In fact, he frequently contributes to the toxic atmosphere that now dominates our City Council.

This Is Not Going To End Well

Given the increasing violence in this country, the grim reality is that the level of unrestrained anger and abuse at the Council table and from the Black Lives Matter people has created a very dangerous environment. There is the real potential for violence if nothing is done to insist on reasonable order and civility. We live in a culture in which the national news is increasingly dominated by random shootings by disturbed people. What happens regularly now at Council meetings is an invitation to disaster.

Commissioner Sanghvi Responds To Missing Records Of Design Review Board Meeting

I attended the April 4, 2023, meeting of the Saratoga Springs City Council. I was continuing my campaign to secure a response as to why the city’s website lacked video and minutes of the March 8, 2023, meeting of the Design Review Board. At the meeting, Commissioner Minita Sanghvi advised me that she had sent me an email the day before regarding the matter. In fact, she had emailed me the evening before, which I admit to having missed.

According to her email, the planning staff person responsible for seeing that the meeting was recorded had retired, and the new person forgot to record the meeting. These individuals work under Mayor Kim, and apparently, Ms. Sanghvi allowed his office to take weeks to supply that answer.

At the meeting, Commissioner Sanghvi was unapologetic. She dismissed that it took two and a half weeks to get a simple answer out of the Mayor’s office by observing that “things take time.” She appeared unphased that the city had violated the New York State Open Meetings Law. It should be noted that if she had acted expeditiously when notified about the missing records by insisting that the planning department post the meeting minutes, she would have avoided violating the NY State Open Meetings Law. Even today (April 5), the minutes are still not posted on the city’s website.

Sanghvi’s Email

Mr. Kaufman, 

We have understood now that because of a retirement in the planning staff, there were human errors in the recording. The person who usually recorded the meetings retired. Someone else was supposed to press record and forgot to do it until 15 minutes into the meeting. They have let us know that they have hired a new person and that the management of the webcast will be the new hire’s responsibility. The planning department have assured us that they will provide detailed minutes for the agenda items that were not recorded. 

IT has been working with the Mayor’s office to figure this out and will continue to help all departments to ensure their meetings are posted on our website.

Have a blessed day! 

Commissioner Sanghvi

Missing Records: Minita Sanghvi’s Ongoing Mismanagement Of The City’s Website

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.

Publius Seeks Relief From City Council Scrums

[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

OMG, Kim Is Refusing To Pay The Co-Pay For Yet Another Settlement And His Docile Council Colleagues Are Empowering Him.

Last year the city endured a drawn-out debacle when Saratoga Springs Mayor Ron Kim refused to approve the co-pay for an insurance settlement. The conflict was ugly, marked by false attacks by Kim against Marilyn Rivers, the director of Risk and Safety. Ultimately, Kim conceded to a federal judge that the city had no authority over the settlement, and the insurance company was finally paid. You would think Kim and the Council would have learned from this experience. You would be wrong.

As Yogi Berra once observed, “it’s deja vu all over again.”

One would have hoped that after having served two terms on the Saratoga Springs City Council as Public Safety Commissioner and now having spent over a year in office as Mayor, that Ron Kim would have at last begun to understand how the city’s insurance coverage works. After all, as he always likes to remind us, he is also a lawyer. Unfortunately, Kim is once more resisting paying a deductible due to Traveler’s Insurance for a case settled against the city.

The Latest Insurance Case

In 2019, Kenneth Wilkins fell on ice in front of city hall. He made a claim against the city. Travelers Insurance defended the city in the suit and ended up settling the matter for $65,000.00. The city’s Travelers insurance policy requires the city to pay a $25,000.00 deductible.

On March 13, 2023, Kim was presented with the following resolution to authorize the city’s payment of the deductible due to Travelers Insurance. As the document below shows, City Attorney Tony Izzo signed off on the resolution writing that it “appears lawful and proper.”

Mayor Kim signed off on the resolution, and then, for reasons unknown, he asked for the document to be returned to him, scratched out his signature, and decided he would bring it to the Council.

The resolution was on the Mayor’s agenda for the March 21, 2023, City Council meeting. In a bizarre twist, the Mayor announced it would not be considered in his agenda but would be dealt with at the end of the meeting.

At the end of the meeting, Kim announced that the Council was going into an executive session to deal with a matter from Risk and Safety. As the matter of the co-pay had originated from Risk and Safety, presumably, the resolution was the focus of the executive session.

When the members of the Council emerged from the executive session, Kim announced that no action had been taken during the session. It is simply stunning that Accounts Commissioners Dillon Moran, Finance Commissioner Minita Sanghvi, and Public Safety Commissioner James Montagnino said nothing (Public Works Commissioner Jason Golub was absent). Sanghvi and Montagnino had supported Kim in the previous fiasco, and they are apparently doing it again.

What Is Going To Happen To The City’s Insurance

What insurance company will want to put up with this kind of behavior, and if there is one, what will they charge?

Saratoga Springs Democratic Chair Pat Tuz Resigns

Reliable sources tell me that Pat Tuz has resigned as chair of the Saratoga Springs Democratic Committee.

I have no other information at this time. Given that the committee is collecting signatures to get their endorsed candidates on the ballot, it is interesting timing.

Michele Madigan Takes Mayor Kim To Task for Misrepresenting Grant Program

[JK: I received the following critique from former Finance Commissioner Michele Madigan of statements made by Mayor Ron Kim in a recent Times Union article. ]

In a recent Times Union article Saratoga Springs solar project awarded city funding: City Council votes to award $150K Mayor’s Non-Profit Grant to Pitney Meadows farm by a staff reporter, Mayor Ron Kim took credit for an established non-profit grant program that was officially established in 2021 during my tenure as Finance Commissioner and approved unanimously by the City Council at that time.

At the March 21, 2023, Saratoga Springs City Council meeting Mayor Kim presented a grant tapping this funding assignment, stating that the grant program was created in 2022 by a Council resolution to provide local non-profits with potential city funding. Mayor Kim also released the following statement: “The grant program was created in 2022 by a council resolution to provide local nonprofits equitable access to city financial support. Historically, the only consistent resource for supporting identified priority needs has been the annual Community Development Block Grant Entitlement Funds, and annual allocations to select nonprofits through the mayor’s budget.” [I contacted the Times Union, and they have edited the article and removed his statement.]

The grantee, Pitney Meadows Farm, is a well-respected, longstanding contributor to the city. They would likely pass any protocol established. That does not change the fact that the taxpayers have no idea how they were chosen, and what other deserving non-profits might have been considered. There is no evidence that the established application and awarding of funds established in 2021 regarding a CDBG-type review, evaluation, and recommendation were followed. There is no evidence of attorney approval that this is an appropriate use of the funded assignment (required). Yes, Mayor Kim is an attorney – he is not the city attorney or impartial regarding this grant. 

It is an election year, and nothing looks better for an incumbent mayor (who will likely have a primary opponent in former Commissioner Chris Mathiesen) receiving press for a generous distribution of taxpayer funds for a great cause, minus the established application and award process. Mayor Kim is quite good at pointing fingers to unfairly blame predecessors and, on the flip side, taking credit for established programs he had nothing to do with.

Michele Madigan

Former Commissioner of Finance 2012 -2021

Currently running for County Supervisor

The Saratoga Springs Democratic Committee’s Ethical Problem

I attended the Saratoga Springs Democratic Committee’s meeting on Saturday, March 18, 2023. I was asked to leave, but as it was held at the Saratoga Springs Library, all events in the library’s meeting rooms must be open to the public, so I was able to stay and observe what Chair Pat Tuz touted as a “Rah,rah fellowship meeting”. The meeting included some questionable directions to petition gatherers.

Accounts Commissioner Dillon Moran is head of the committee collecting signatures for election petitions. This process has become especially challenging this year as, in addition to the full slate of candidates on the petitions the committee members are circulating, Democrat Chris Mathiesen is also independently circulating a petition for Mayor and Democrat Michele Madigan is also independently circulating a petition for the second Supervisor slot. Someone asked Moran what to do if a person they approached said they wanted to sign the petition for one of the challengers rather than for the candidates on the committee petitions. Moran responded that they should just pass on to the next person. You cannot sign petitions for two different people running for the same office therefore if someone wanted to sign Chris Mathiesen’s petition for mayor, they could not also sign a petition for Ron Kim for Mayor.

Then Committee member Shafer Gaston spoke up. He told the attendees that it was actually not illegal to sign more than one petition for the same office . He told them to tell people they could sign as many petitions as they wanted and they should get the signature anyway.

It is true that it is not illegal to sign for more than one candidate for the same office. But it is also true that your signature may not count if you do this. Election law establishes that if the same person signs for two different candidates for the same office, the signature with the earliest date is valid and the other is not.

So while it may not be illegal to encourage voters to sign all the petitions they want, it is surely unethical and manipulative to mislead a voter into signing a petition for a candidate they do not want to support without telling them that their signature for the candidate they do like will then be invalid.

Neither Moran nor anyone else at the meeting pushed back on Gaston.