The Death Of Renee Good And The Threat To Our Democratic Institutions

The death of Renee Good in Minneapolis was shocking. I will not offer my own opinion on the specific facts of the incident. Debating competing interpretations drawn from a maze of videos risks obscuring the larger and more consequential issues.

Flawed as our judicial process may be at times, it remains the bulwark between some measure of justice and the chaos and violence that arise in its absence. Public faith in the fairness and integrity of this system is essential to the maintenance of civil society. Once people lose faith in the judicial process, the trust that binds us together as a nation erodes, with all the dangers that entails.

What is most disturbing to me in this case is the apparent collapse of the safeguards that have traditionally governed the use of governmental force. The authority granted to law enforcement to use deadly force has always carried with it a corresponding responsibility on the part of the state to ensure that such power is exercised lawfully and is not abused.

Historically, incidents involving deadly force have been followed by procedures designed to protect the rights of all involved. Standard practice has typically included removing the officer from public-facing duties and initiating a rigorous, independent investigation. Every effort should be made to assemble an investigative team whose credentials maximize objectivity, to ensure the fairest possible outcome and to build public confidence in the process, regardless of the result. Under the best circumstances, such investigations also seek to identify lessons that can reduce the likelihood of future deaths.

For better or worse, citizens have long been required to place their faith in prosecutors and the courts to ensure accountability and justice. In fairness to both the victim and the officer, public officials have generally refrained from making definitive statements about culpability to avoid compromising ongoing investigations.

Readers may recall the shooting that occurred in downtown Saratoga Springs in November 2022. At that time, a public dispute arose between then-Mayor Ron Kim and then-Public Safety Commissioner James Montagnino on one side, and then–County District Attorney Karen Heggen on the other, concerning what—if anything—public officials should say following the discharge of weapons and the resulting injuries.

A Profoundly Frightening Situation

To date, these longstanding safeguards appear to have been disregarded in Ms. Good’s death.

The officer who killed Ms. Good was employed by Immigration and Customs Enforcement (ICE), an agency within the Department of Homeland Security. Within hours of her death, Secretary of Homeland Security Kristi Noem publicly condemned Ms. Good as a “domestic terrorist” and exonerated the officer who shot her. President Trump issued a similar statement.

Most troubling was Vice President JD Vance’s assertion that the officer involved enjoyed “total immunity.” Significant jurisdictional questions remain about which authorities are responsible for investigating this case. It is possible that the Vice President intended to make a narrower statement about immunity from state or local investigation rather than federal review. However, he has offered no clarification. In the absence of such clarification, one is left to conclude that he believes the decision to use lethal force rests solely within the discretion of ICE officers.

Such a pronouncement is deeply troubling. No one—regardless of rank, agency, or position—has the right to take a life with impunity. Ultimately, determinations of culpability must rest with an independent and impartial authority.

Equally disturbing is the fact that, six days later, there has been no public indication that an independent investigation has been initiated. As far as can be determined, the officer involved has continued in regular duties.

I recognize that some may dismiss these concerns as hysterical. I would instead pose a simple question: who now decides when the government may lawfully take a life? Under what circumstances can the public expect the use of deadly force by law enforcement to be meaningfully scrutinized?

Some Thoughts on ICE

Becoming a police officer in our city requires extensive training and oversight. Officers must complete six months of instruction at the state police academy, followed by an additional two months of field training under the supervision of a senior officer.

Equally important is departmental culture. “Protect and Serve” is not merely a slogan. Local police officers perform many roles beyond arresting criminals. They assist injured residents before emergency medical personnel arrive, manage public events to ensure safety, and build relationships with schools and downtown businesses. While many officers cannot afford to live in the city, departmental leadership works to integrate them into the community.

Our police department has an outstanding record of service. Despite frequent criticism, a sober review reveals few substantiated claims of abuse by individual officers over many years. I am particularly struck by the fact that during the extensive demonstrations following the death of George Floyd, there were no reported injuries—despite highly provocative verbal abuse directed at officers. That outcome reflects effective training and strong leadership.

ICE, by contrast, operates under a very different model. Its primary responsibility is the arrest of individuals. This is inherently difficult work. Many people arrested for being in the country illegally have lived here for decades and are respected members of their communities. The New York Times once reported on a waitress in a small Midwestern farming town who had lived there for seventeen years. When she was detained, the community reacted with outrage.

The purpose of this observation is not to debate immigration policy. Rather, it is to acknowledge that making arrests is stressful under any circumstances—and especially so when those being arrested are well known and valued in their communities.

That stress is compounded by extended travel away from home and by the routine use of masks, which can foster fear and isolation from the public. Being an ICE officer is neither glamorous nor easy.

Given these realities, proper training is essential—not only to perform the job effectively, but also to prepare agents emotionally for the pressures they face. ICE training was once comparable in length to that of local police, lasting six to seven months. However, in the rush to deploy personnel, it has reportedly been reduced to just forty-seven days.

There appears to have been no compelling justification for this haste. Local police departments generally do an effective job maintaining public safety. Given the millions of undocumented individuals in the United States—many of whom have lived here peacefully for years—there is no rational basis for curtailing the training and support that ICE agents both need and deserve to carry out their duties responsibly.

Disregarding the Law

The country now finds itself in a precarious position. If Vice President Vance’s remarks are not publicly rebuked or clarified, where does that leave us? If the Department of Homeland Security can appear to disregard established norms of justice and fairness, where else might the government abuse its considerable power?

Anecdotally, I have friends who support the MAGA movement who believe the ICE officer acted appropriately in shooting Ms. Good. At the same time, many of them acknowledge that a rigorous and impartial investigation should have taken place. When righteousness and anger overwhelm fairness and accountability, the foundations of democracy itself is put at risk.

Serious Allegations Regarding Abuses By Past Commissioner Jason Golub And His Deputy Joe O’Neill III

In the October 4,2024, edition of the Daily Gazette, Saratoga Springs Mayor John Safford informed reporter Shenandoah Briere that the city’s Human Resources Department and the police were looking into accusations that Saratoga Springs former Public Works Commissioner Jason Golub and Public Works Deputy Joe O’Neill III had used city employees for work on “personal property.”

In the October 8, 2024 edition of the Daily Gazette, it appeared that Safford tried to walk back the story. The article stated:

“My understanding is this is a huge rumor based on a fired employee complaint to HR,” Safford said in a text Saturday night. “I don’t think it amounts to anything much.”

Unfortunately, there is an abundance of evidence to indicate that this is more than just a “huge rumor.”

The Allegation

A complaint made last summer to the New York State Comptroller resulted in a referral to the Saratoga Springs Police Department regarding the potential criminal activities of then Public Works Department Commissioner Jason Golub and Public Works Department Deputy Joe O’Neill III. [At the end of this blog is the relevant excerpt from the New York State Public Officers Law, which makes using public employees for private use a crime.]

It is alleged that two department employees were directed to work on Commissioner Golub’s home under Golub’s and O’Neill’s direction. These allegations have exposed additional potential crimes involving the misuse of city staff and city resources.

Yesterday (October 7), O’Neill resigned as Deputy. He was able to return to his original civil service position, and as far as I can tell, that’s what he did.

The Blocked Drain

Early in 2023, it is alleged that O’Neill directed employee A of the city’s Department of Public Works to go to Golub’s home to address a blocked drain. Employee A could not fix the drain, and the following day, O’Neill had Employee A and Employee B meet him at the city Rec facility at about 1:00 PM.

O’Neill told them to return to Golub’s home, where Golub would meet them. When they arrived, Golub was not there. Shortly afterward, he arrived, and together, they entered the house. Employee A had with him a bottle of Green Gobbler used to unclog drains. It is unclear whether the bottle came from the city’s chemical inventory or whether it was purchased especially for Golub’s job by the city. On Amazon.com, the liquid sells for $26.00 a bottle.

The liquid did its job, and after success, they all left.

O’Neill’s Further Alleged Abuse

Sometime around December 2023, O’Neill had employee A meet him in the city skating rink’s parking lot. He told employee A to throw his tools into the back of O’Neill’s truck, and the two went to the home where O’Neill’s child lived with his mother. I am unclear as to O’Neill’s relationship with the child’s mother.

Employee A repaired a leak under a bathroom sink.

Alleged Black Topping On Private Driveways

Earlier this year, the DPW re-blacktopped a section of Grand Avenue under a grant specifically for that purpose. During the same period, they blacktopped driveways at three private homes. One of the homes was owned by a DPW employee.

Employee A Was Terminated

The Department of Public Works terminated employee A. The contract with the union representing employee A establishes that a person is on probation and considered an at-will employee for the first year. As an at-will employee, they can be terminated at any time without explanation. I can find no information as to the reason Employee A was terminated.

The Statute

Article VIII, §1 of the State Constitution, interalia, prohibits municipalities from making gifts or loans of their money or property to or in aid of private entities. Further, it is a general rule that, because town equipment is acquired for town purposes (see Town Law, §64[2-a]) and town personnel is hired to provide services for the town (see, e.g., Highway Law, §140[4]), a town may not perform work on private property in furtherance of purely private purposes even if fair and adequate consideration is paid to the town under a contract (see, e.g., 1988 Opns St Comp No. 88-41, p 81; 1985 Opns St Comp No. 85-37, p 51; 1983 Opns St Comp No. 83-103, p 127; 29 Opns St Comp, 1973, p 122).