Opinion - Saratoga Springs Politics

The below blog posts are written by John Kaufmann.
These opinions do not reflect the views of Saratoga TODAY newspaper.

Wednesday, 27 September 2023 09:23

Mayor Kim Needs To Pause Before He Hits The Send Button Or Makes Telephone Calls

By John Kaufmann | Saratoga Springs Politics
Mayor Kim Needs To Pause Before He Hits The Send Button Or Makes Telephone Calls

Saratoga Springs Mayor Ron Kim routinely acts impulsively, often not checking the facts before speaking. This post gives examples of two recent incidents of Ron Kim’s continuing intemperate behavior.

Mayor Kim’s Abusive Telephone Call

Following Mayor Kim’s notorious, well-publicized, epithet-laden rant at Public Safety Commissioner James Montagnino in May in city hall, the Mayor followed up with a phone call to Montagnino and continued his abusive language. Montagnino recorded the conversation. Mike Brandi, city Republican chair, successfully FOILed for it. Here is the recording of the conversation.

Warning to readers: this audio contains foul language.

Kim told the media that Montagnino violated city regulations by recording their conversation.

Neither Kim nor the media cited what regulation may have been violated. I searched the city’s website and could find no such regulation.

Kim Denies Reality

In an earlier post, I wrote about the cronyism demonstrated by Mayor Kim in filling Tina Carton’s vacancy when she left city hall.

Recently, a citizen named Sam Brewer wrote to Mayor Kim asserting that it had been illegal for the city to have released the applications from people seeking the job that were posted on this blog.

Kim responded to Brewer by falsely declaring that the city never released this information in response to a FOIL request and that he had initiated an investigation as to “how and why these were released to a party outside of city hall.”

The problem is that it is a simple, easily verifiable fact that he is wrong when he claims the city did not release the documents to me through a FOIL request.

The following is the cover letter releasing the documents to me per FOIL.

foil-reply-posh-resumes_page_1-1.jpg

One would think that the appropriate thing to have done in response to Mr. Brewer’s letter would have been for Kim to first determine if the city had indeed provided the documents under FOIL. The office that handles FOIL requests reports to Kim. He could easily have called the office to check before he replied to Brewer. He also could have checked my post because the post contained a link to the entire FOIL correspondence.

Regrettably, his assertion is part of an established pattern. Mayor Kim routinely acts impulsively rather than taking the time to check the public record. This reckless behavior is deeply worrisome. One has to wonder what ill advised actions with serious consequences he has carried out without the benefit of the facts.


Mayor Ron Kim’s Email To Sam Brewer

From: “Ron Kim” <This email address is being protected from spambots. You need JavaScript enabled to view it.>
To: “S3 Operations” <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Cc: “Minita Sanghvi” <This email address is being protected from spambots. You need JavaScript enabled to view it.>, “James Montagnino” <This email address is being protected from spambots. You need JavaScript enabled to view it.>, “Dillon Moran” <This email address is being protected from spambots. You need JavaScript enabled to view it.>, “Jason Golub” <This email address is being protected from spambots. You need JavaScript enabled to view it.>, “Tara N Gaston” <This email address is being protected from spambots. You need JavaScript enabled to view it.>, “mveitch” <This email address is being protected from spambots. You need JavaScript enabled to view it.>, “Tony Izzo” <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Sent: Monday, September 11, 2023 11:28:08 AM
Subject: Re: FOIL and Privacy Act – Legal Issue

The City did not release these resumes pursuant to a FOIL request and is currently reviewing how and why they were released to a party outside City Hall.

Ron Kim, Mayor

City Hall, 474 Broadway, Saratoga Springs, NY 12866

EML: This email address is being protected from spambots. You need JavaScript enabled to view it.


Email From Sam Brewer To Mayor Kim

On Sep 10, 2023, at 9:47 AM, Sam Brewer <*****This email address is being protected from spambots. You need JavaScript enabled to view it.> wrote:

CAUTION: This email originated outside of the City network. Please contact IT Support if you need assistance determining if it’s a threat before opening attachments or clicking any links.


Council,

I hope you have enjoyed the summer.  I monitor the local news and I noticed a post on the blog of John Kaufman whereby he specifically criticized an applicant and posted the resumes of applicants to a civil service position within the City.

I was shocked to see that the city released individual resumes with its response to a FOIL request.  

Specifically, personnel files are normally excluded from FOIL requests as the public does not have the right to know certain information.  A resume becomes part of an HR file once someone is hired; I think this would be covered under any FOIL exclusions.  It is certainly covered by the Privacy Act of 1974, which should be applied via an interpretation of the Supremacy Clause of the Constitution even if not explicit in NYS Municipal or other law.

In any case, no one has the right to interfere with a hiring process for a specific position or person in this way and I hope the city takes action to revise its policy associated with data release in relation to FOIL.  While he may publicly criticize the Mayor, having the public evaluate resumes is a gross intrusion on personal privacy and the actual hiring process.

In addition, publishing information about Ms. Munger and her past career experiences may put her at risk.  She may not be required or allowed to list details of certain career experiences, and people like Mr. Kaufman may actually target individuals like her because she is on a list maintained by a group that likes to keep people like her out of government and out of work.

Thank you for reading.

Sam Brewer

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