HAPPY NEW YEAR

To our loyal readers: Thanks and we hope you and yours have a safe, fun-filled 2016. If the latest e-mail exchange about a simple meeting date is any indication of things to come, 2016 should be a good ride.

We all know that incoming Council President Carmella Mantello wants to hold the first Council meeting on January 4, 2016, the first business day of 2016. Why the rush? We suspect it is a PR gimmick for her future run for mayor. Something along the lines of, "As Council President She Hit the Ground Running."

Sometimes, you run so fast you don't see the Troy potholes and land flat on your face.

From: Carmella Mantello [mailto:cmantell@nycap.rr.com]
Sent: Thursday, December 31, 2015 2:07 PM
To: Cheryl.Christiansen
Subject: January 4, 2016 organizational (regular) meeting

 

Dear Cheryl,

 

I'm sure you are aware that at 12:01 a.m. (EST) on January 1, 2016 I will become the council president. Therefore, at that time as your supervisor, I will be submitting to you by email a copy of the January 4, 2016 agenda with the appropriate notice and backup material. 

 

I am requesting that on January 1, 2016 no later than noon a copy of this notice and agenda be delivered to each member of the Troy City Council. 

 

I once again need to reiterate that at no time has the current city council 2015 ever voted to hold the organizational (regular) meeting on January 7, 2016. Therefore, without such a vote, any such meeting on January 7, 2016 would be improper and a nullity. 

 

I would appreciate it if you would confirm on January 1, 2016 once all the agendas have been delivered. 

 

Thank you. 

 

Carmella Mantello

Council President-elect

 

From: "Cheryl.Christiansen"
Sent: Dec 31, 2015 2:15 PM
To: Carmella Mantello
Cc: Patrick Madden , "Lou.Rosamilia" , city council , "Peter.Ryan" , "Ian.Silverman" , lcoburn@mmlesq.com, "Rhonda.Reed"
Subject: RE: January 4, 2016 organizational (regular) meeting

Unfortunately  City Hall is closed on January 1^st for the Holiday; which I legally have the day off. I will not be in the office or in the area to receive or deliver any such agenda’s or notices. I will be back in the office at January 4^th 8:30am for any  City Clerk business and will be happy to assist you as Council President at that time.

Cheryl Christiansen

 

 

The above exchange occurred after current Council President Wiltshire had to take Ms. Mantello to school:

 

 

 

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 31^st, 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 7^th 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 4^th 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 7^th 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!

 

Now, we could care less when the Council meets. They could meet right now, in the Polloi offices, for all we care (we'd have to pick up a bit, dust and stash our skull bong). However, did Mantello really want to stumble out of the gate over something as silly as a three day wait? She looks petty, stubborn and worst of all, simply wrong.

 

COMING SOON....Our Winners and Losers post. Stay tuned.