TALE OF TWO #TroyCrazies

From: Rodney Wiltshire <wiltshirefortroy@gmail.com>
Date: December 31, 2015 at 6:55:19 PM EST
To: Carmella Mantello <cmantell@nycap.rr.com>, Rodney Wiltshire <wiltshirefortroy@gmail.com>
Cc: "Cheryl.Christiansen" <Cheryl.Christiansen@troyny.gov>, Patrick Madden <Pmadden1@gmail.com>, Rhonda Reed <rhonda.reed@troyny.gov>, "Lou.Rosamilia" <Lou.Rosamilia@troyny.gov>, "Ian.Silverman" <Ian.Silverman@troyny.gov>, Carrie OConnell <coconnell@mmlesq.com>, Troy City Council Members <all-members@troycitycouncil.com>, "Gabrielle.Mahoney" <Gabrielle.Mahoney@troyny.gov>, "Monica.Kurzejeski" <Monica.Kurzejeski@troyny.gov>, Troy City Council Secretary <secretary@troycitycouncil.com>
Subject: Re: Organizational (Regular) Meeting 2016

Dear Carmella,
    The fact that Schenectady is having a meeting on Jan 1, is of no consequence or relation to what Troy does.  I hope you understand we are a separate municipality.  Additionally, having a council meeting, is separate from the daily operations of city government.

    Final reminder, only the clerk can call or notice a meeting, not a member of the council, or the council secretary.  And posting notices in city hall on the glass cases don't count either.

Rodney



On 12/31/2015 2:28 PM, Carmella Mantello wrote:
Dear Rodney

As in the case for the last four years, as I outlined in my correspondence today, you have violated the city charter on numerous occasions and now you are misinterpreting and misunderstanding what the charter states. Pertaining to business on January 1, 2016 please note that the city council of Schenectady is holding their organizational meeting on January 1, 2016 which clearly shows you can do city business on
January 1.

I trust that you will spend some time in the future studying the Troy city charter.

Once again, good luck in your new endeavors.

Carmella

Sent from my iPhone

On Dec 31, 2015, at 1:54 PM, Rodney Wiltshire <wiltshirefortroy@gmail.com> wrote:

Carmella,
    I was hoping to have concluded this discussion with you, but I'll address a few more issues that I’ve been made aware of.
                First, I understand that you have gathered signatures from incoming councilmembers on a document to change the time of the meeting.  I know that the new members have signed the oath book, but that act does not seat you in office.  The signing AND January 1st, 2016 date makes your term effective.  Now, since you and they are not currently termed in, their signatures and this document have no standing.  The new councilmembers will need to sign this document after they are actually in office.
                You are also very confused about the difference between calling a meeting, and noticing a meeting, and legislating meeting dates.  The Organizational meeting that I have had the clerk call and notice does not require legislation to set that date, it is simply noticed and called by the clerk, which has been done.
I also understand that you may be hoping to call an emergency meeting.  Unfortunately, only the Mayor may call this meeting, and only after he certifies that an emergency exists which threatens the health or safety of the citizens of Troy, and would be called to vote on legislation related to that emergency.  I’m sure we can all agree that nothing on your agenda for the organizational meeting is an emergency and can certainly wait until Thursday.
                I am not sure what guidance you are receiving, or from where legal counsel has been provided to you, and certainly, the ethics committee has no standing or authority to give advice on these processes.  I’d be very concerned if I were you about starting the term off on the right foot.  Having an illegal gathering on Monday, will certainly not bode well for your leadership on this council.
There is no meeting scheduled for the 4th, called for the 4th, or properly noticed for the 4th, moreover the calendar and timing simply don’t allow for that under our Charter.  Reiterating my previous email, only the duly commissioned and bonded, Clerk of the City of Troy, can call and duly notice a meeting, and there will be no clerk on duty on January 1st, 2016.  No changes to the Clerks staff can be made by the council until a meeting has been conducted.
Be well, and have a great day.

                Good luck this year.

On 12/31/2015 11:22 AM, Carmella Mantello wrote:
> President Wiltshire
>
> I read with some interest and twist of irony your email from yesterday. If I recall during your tenure as council president you have turned a blind eye to the Troy city charter and requirements of the state comptroller. In particular, under your leadership, the Troy City Council didn't even bother to meet on the Troy city annual budget in 2014, under your leadership the Troy City Council didn't even set the tax levy as required by the charter, under your leadership the Troy City Council ignored holding informational meetings required under the Troy city charter, and under your leadership the Troy City Council never responded to the state comptroller's report as required by state law.
> This is just a few examples of your violation of the city charter and state law. We all know that such violations should never be tolerated.
>
> It is the position of the new council majority that we will follow the dictates of the charter and other statutes and reverse this pattern of charter and legal violations.
>
> In regard to your concerns about the January 4, 2016 organizational (regular) meeting, they are erroneous and misdirected. I am sure you are aware as President of the Council that you never passed legislation setting January 7, 2016 as the date of the organizational (regular) meeting. Therefore, no such January 7, 2016 meeting exists in any shape, form, or manner.
>
> It is interesting that your city clerk on 12/24/2015 posted a legal notice in the Record entitled notice of organizational meeting 2016. The notice goes on to state that the purpose of the meeting is to act on proposed resolutions. As you know on 12/24/2015 no such resolutions existed, and in fact, there is no notice of a Finance committee meeting which would be needed to discharge any such resolutions.
>
> In summary, we have a January 7, 2016 meeting that was never duly called pursuant to the Troy city charter and an organizational meeting agenda that is no more than a nullity.
>
> The reality is, we as members of the new council majority have a duty and obligation to move our city forward. We will be doing that starting January 1, 2016 by giving proper notice of a January 4, 2016 organizational (regular) meeting in a manner that comports with the city code and the state public officers law. Additionally, a finance committee meeting will be held on January 4, 2016 which the organizational (regular) meeting agenda will be discharged.
>
> It is interesting to note that the same section of the charter that we are using to call this meeting and establish the time were used by you and your majority during this term of office.
>
> I wish you the best of luck in your future endeavors, and a healthy and happy new year.
>
> Carmella Mantello
> President-elect
>
> Sent from my iPhone

--



On 12/30/2015 7:46 PM, Carmella Mantello wrote:
Thank you. We are moving forward to make Troy a better city. Happy New Year.

Carmella

Sent from my iPhone

On Dec 30, 2015, at 5:53 PM, Rodney Wiltshire <wiltshirefortroy@gmail.com> wrote:

Ms. Mantello,
                I am continually being made aware of your attempts at exercising authority prior to your installation as a sitting City Council-member.  I am concerned with your actions as a citizen of the general public, and as the sitting Council President.
                Until, 11:59PM Dec 31st, I am still in office.  It is truly unfortunate that you have inserted yourself in daily operations of the city government and generated much confusion amongst the departments who are trying to do their jobs as they prepare to transition into a new administration.  Your attempts at retrieving keys, security codes, and other sensitive information is out of order at this time.
I have spoken to the personnel office in detail, and asked them to retrieve any personnel action forms that were issued to Council branch departments on your behalf until after business is conducted when you are in office.
                I have also spoken to the Clerk’s office and directed them to disregard any directives or orders outside of this council until such time that the new council is termed in.  They are not to deliver keys, or provide other access to non-authorized members of the public.
Your attempts at dismissing the Clerks prior to a duly noticed and proper meeting will certainly put the city at risk of not being able to perform its duties as outlined in the Charter (marriage licenses, certificates, receiving legal services, etc…).
I am not able to get into your thought process, but to be clear, the clerks whom we have appointed, cannot be dismissed by you.  These clerks are still in their office until a new one is appointed via a vote of the council as a body at the Organizational meeting, or they are removed, via a 2/3 vote which still has to happen at a meeting.  As you know, a vote can only occur at a proper meeting, and traditionally, should be the organizational meeting.
Per customary past practices, this Regular/Organizational meeting has been scheduled and properly noticed for the first Thursday of the month, the 7th of January, 2016.  Our Charter governs notice process, and timing, and supersedes any other statutes or references in outside, non-city codes.  This regular meeting, per the charter, will be the Organizational meeting, where the Council sets its dates, and appoints its staff.
I understand that you desire to have council meetings on Monday the 4th at non-standard times.  Unfortunately, there will be no time between when you take office Friday at Midnight, and that Monday for the clerks to notice these meetings and time changes.  Per the charter, any changes to this would require due public notice and it be filed with the clerk in writing 72 hours before.  Due to the holiday, this simply isn’t possible.
Now, as a courtesy to you, and the other members of the incoming council, I will remind you that only the clerk, who while in office, may call meetings, and make proper legal notices of meetings, and those notices must be made during business hours of the City.  This cannot be done by the Council President or Mayor directly, it must go through the Clerk’s office.  Any “gathering” that constitutes a quorum of city counselors for city business (excluding caucuses) is a violation of the open meetings law.
Any meeting that is improperly noticed is not actually a meeting, and any “votes” taken during that meeting will not be counted as legislation.
As January 1, 2016, is a city holiday, there will be no clerk on duty to call a meeting, or make proper notice to the public, or receive written meeting change notifications.  I think you and the city can wait until the 7th for the regularly scheduled meeting time and date.
I know that transitioning in and starting off can be a bit bumpy, so I wanted to help you a little with this advice and reminder.  However, I am a bit surprised that your choice for President Pro-Tempore wasn’t offering you this counsel, since he has always been very sharp to point out mistakes that were made by the council 4 years ago.

Good Luck, and Have a Safe and Happy New Year!

Rodney


On 12/24/2015 12:06 PM, Cheryl.Christiansen wrote:
Council President-elect Mantello,
In regards to your email to  cease and desist which was on the 22nd; I
sent the notice out prior on the 21st at the request of current Council
President Wiltshire along with Mayor's approval and cities attorney.

Merry Christmas.
Cheryl Christiansen


-----Original Message-----
From: Carmella Mantello [mailto:cmantell@nycap.rr.com]
Sent: Thursday, December 24, 2015 11:52 AM
To: Patrick Madden
Cc: Cheryl.Christiansen
Subject: Organizational (Regular) Meeting 2016

Hello Patrick

I was surprised to read this morning a legal notice in The Record that
there would be a city council organization meeting on January 7, 2016 at
7 p.m. and followed by the regular council meeting agenda. I had
recently emailed the city clerk to cease and desist from placing a legal
notice for a January 7, 2016 council meeting which would involve
improper use of public funds.

I would like to once again be very clear that the Troy City Council on
January 1, 2016 will give proper notice for an organizational (regular)
meeting to be held at 6 p.m on Monday, January 4, 2016 at Troy City
Hall. This will be preceded by a properly noticed finance committee
meeting at 5 p.m. on the same date.

In sum and substance, there will be no city council meeting on January
7, 2016. As I've indicated to you before that if any items besides those
at the normal organizational meeting need to be acted upon I will call a
Special City Council Meeting. Any agenda items for those matters will
need to be approved by the appropriate standing committees of the Troy
City Council.

Thank you for your attention to this matter. Merry Christmas.

Carmella

Sent from my iPhone