The New York State (NYS) Committee on Open Government, Department of State, regulates and provides opinions on Open Meetings in New York. The opinions are easily searchable and provide guidance on how to have an Open Meeting. In substance, the opinion is that during the “public comment period” comments should not be “abusive, threatening, profane or in any other way illegal”. In part, this guidance mirrors the NYS Disorderly Conduct Ordinance which states a person is guilty of disorderly conduct when he/she engages in violent, tumultuous, or threating behavior; or in a public place uses abusive or obscene language; or disturbs any lawful assembly or meeting.
It is crystal clear that these rules and conduct are not being enforced at the City Council meetings in Saratoga Springs, thus, the meetings are both an embarrassment and chaotic.
I have talked to many Saratogians recently, and in addition to being afraid of aggressive confrontation in downtown, they are now afraid to go to a City Council meeting. Unlike Albany, Syracuse, Rochester and our local Federal Buildings, Saratoga Springs has decided against the use of metal detectors to ensure there are no weapons in City Hall. Furthermore, City Hall does not post any signage indicating the rules and regulations for open meetings as well as the rules that firearms are not permitted in the building. Additionally, we have recently learned that community leaders, some of whom attend the City Council meetings, have received threats against them and their families. All of this is just an invitation for yet another critical incident to occur in the city, and we all know the last incident was clearly not handled properly by some members of the City Council, resulting in a “gag order” issued by a NYS Supreme Court Judge.
In summary, the inability for the Mayor to simply run a meeting in accordance with Open Meeting laws has led to chaos. The audience is now allowed to talk beyond their allotted time, yelling from anywhere in the chamber, with the use of profanity and abusive behavior. At one of the last meetings, Mayor Kim told the Police Department, an independent agency, to stand down and leave the room. This is the exact opposite of what other municipalities are doing. Police Officers need to be in the room to keep us safe and make an independent decision to determine if any laws are being violated.
- Tim Coll, Retired FBI Agent, running for Saratoga Springs Public Safety Commissioner in 2023
