Jim Caruso's Illegal Legislation

From: Mark.McGrath <[email protected]>
Date: December 4, 2018 at 2:55:39 PM EST
To: Jim.Caruso <[email protected]>
Cc: Carmella.Mantello <[email protected]>, Andrew.Piotrowski <[email protected]>, All City Council Members <[email protected]>, Patrick.Madden <[email protected]>, Monica.Kurzejeski <[email protected]>
Subject: Re: Garbage Fee/Violation Relevy Amounts

Yes, we should apologize for your deceitfulness and incompetence. Thanks for the boastful emails though. They’ll come in handy. Thanks

Sent from my iPhone

On Dec 4, 2018, at 2:43 PM, Jim.Caruso <[email protected]> wrote:

Your revised version of the true facts is truly amazing. The only people who owe anybody an apology are you and McGrath.



From: Carmella [mailto:[email protected]]
Sent: Tuesday, December 04, 2018 2:19 PM
To: Jim.Caruso
Cc: Mark.McGrath; Carmella.Mantello; Andrew.Piotrowski; All City Council Members; Patrick.Madden; Monica.Kurzejeski
Subject: Re: Garbage Fee/Violation Relevy Amounts



Jim



This email could not be farther from the truth. I must point out that the illegal legislation that was sent to the city council eliminating the Council's role in re-levying garbage fees onto property taxes as drafted and approved "as to form" from you. I must seriously question why you sat silent at last week's finance committee meeting and during the special council meeting knowing as an officer of the court that the legislation in question (which you drafted) was illegal.



You refer to the local law which I had to provide you a copy of was an "old local law". The reality is, as you know, the local law has been in effect since 1995 and is in the code book which you work from every day.



I believe you owe myself, members of the council, and the taxpayers of Troy an apology. This legislation is over $600,000 and should be treated in a manner that is fiscally and legally responsible.



Your failure to do this is unacceptable.



Carmella R. Mantello

City Council President

City of Troy



Sent from my iPhone


On Dec 4, 2018, at 1:46 PM, Jim.Caruso <[email protected]> wrote:

Council Member:



Yes, this is quite a mess, but not because of anything that I did or didn’t do.



As I am sure that you are aware of by now, according to Section C-52 of the Troy City Charter, the Corporation Counsel “…shall act as legal advisor to the Mayor and to any City Council member, upon request of said City Council member.” In this particular instance, Council President Mantello did not request my legal advice. To the contrary, she posited as a fact the applicability of an old Local Law, but failed to provide an actual copy of that Local Law upon which she was relying until after the vote was taken.



It is beyond argument that you have repeatedly chastised me when I have offered my legal advice on an issue when you were of the opinion that no one had directly asked me for a response, notwithstanding the fact that I had personally received e-mail clearly seeking legal advice.  So, not having been asked by the Council President, and also not wanting to receive unwarranted criticism from you once again, I stayed out of this debate.



Thus, any “mess” that exists has nothing to do with me or my office.



James A. Caruso, Esq.

City of Troy Corporation Counsel



From: Mark.McGrath
Sent: Tuesday, December 04, 2018 12:54 PM
To: Jim.Caruso
Cc: Carmella.Mantello; Andrew.Piotrowski; All City Council Members; Patrick.Madden; Monica.Kurzejeski; Osc; [email protected]
Subject: Re: Garbage Fee/Violation Relevy Amounts



Counselor, isn’t that your job to know local law? Isn’t it your job as corporation counselor to guide the administration and council into abiding by such laws? What a mess.

Sent from my iPhone


On Dec 4, 2018, at 12:19 PM, Jim.Caruso <[email protected]> wrote:

Council President:



Is this the Local Law to which you made previous references to? If so, it is a well-established fact that you failed to provide anyone with a copy of it before the vote was taken.



James A. Caruso, Esq.

City of Troy Corporation Counsel



From: Carmella [mailto:[email protected]]
Sent: Tuesday, December 04, 2018 11:26 AM
To: Andrew.Piotrowski
Cc: Carmella.Mantello; All City Council Members; Patrick.Madden; Monica.Kurzejeski; Jim.Caruso; Osc; [email protected]
Subject: Re: Garbage Fee/Violation Relevy Amounts



Hi Andy



For some reason, the city email has been down. Thank you for the attached re-levy list.



I'm attaching for your information Local #6 of 1995. Section 1 and 2, as you will see, clearly set the law for the re-levy of unpaid fees to the annual tax levy. Particularly, you'll see in section 2 that it clearly states "the city council shall levy unpaid solid waste fees on to the real property tax bill." Additionally, article 23 of the municipal home rule law (which I stated last week) section 2F states that if you abolish, transfer or curtail any power of an elected officer (i.e. City council member), it can only be done by mandatory referendum.



I was surprised no one looked up this local law or read the local law, particularly our corporation counsel.



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As you can all see, the actions the city council took last Thursday evening (11/29) are a nullity (which I have stated three times now).



I would anticipate after consulting with legal counsel, you will reach the same conclusion that local law #6 of 1995 was in no way amended or deleted, and in fact is still a law of the city.



I now look forward to the necessary legislation being forwarded by the corporation counsel for action for the city council to relevy fees.



Thank you.

Carmella R. Mantello

City Council President

City of Troy



Sent from my iPhone


On Dec 3, 2018, at 4:57 PM, Andrew.Piotrowski <[email protected]> wrote:

Carmella



I have been made aware that you have requested the relevy totals for garbage fees and garbage violations pursuant to the City Code and I have attached the balances in this email.


The City Treasurer’s Office accepted payments over the counter and online through November 30, 2018. However we continue to accept mail payments that have a postmark date of November 30, 2018 or earlier. If payments are received in the next few days by mail we will continue this practice. Therefore the amounts attached are subject to change. The back of the bills that were sent along with other correspondence to unpaid accounts stated that November 30th was the last day to pay.



If you would like to review this information at the Finance Committee meeting on December 6th I would ask that an item be placed on the agenda prior to legislative matters to review similar to how quarterly reports are done.



On Thursday you had said you have a copy of Local Law #6 from 1995, I would again ask that you forward a copy of it to me. I have searched through my office’s records and cannot find it along with asking both the City Clerk’s Office and Corporation Counsel’s Office if they have a copy and they do not. I do not doubt that this law exists; but rather I would like the opportunity to review the law and make any necessary changes to the relevy policy.



As mentioned on Thursday evening I have discussed this matter with the State Comptroller’s Office where they recommended that the board (in this case City Council) review the amounts to be relevied. This includes all relevies; not just the garbage fees.



The intent of the proposed policy is to provide a clear policy of how relevies are handled throughout the month of December and allowing the easiest process for the payer, the City Council, the Treasurer’s Office and the City Comptroller’s Office. It is not meant in any way to circumvent previously passed legislation.



Thank you
Andy



Andrew Piotrowski

Deputy Comptroller

Troy City Hall

518-279-7103



<Garbage Fee Relevies.pdf>

<Garbage Violation Relevies.pdf>