#TroyCrazy is as #TroyCrazy does.....

From: Rodney Wiltshire <wiltshirefortroy@gmail.com>
Date: December 30, 2015 at 5:53:19 PM EST
To: Carmella Mantello <cmantell@nycap.rr.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>
Subject: Re: Organizational (Regular) Meeting 2016

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

--
Rodney G. Wiltshire Jr.
President of the Troy City Council

Phone (518) 279-7134
Fax (518) 270-4639
Email: Wiltshire@troyCityCouncil.com

City Hall
433 River Street
Troy, New York 12180

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