A response to a comment by Saratoga Springs resident Kyle York on my story today on the City Council's vote to appeal the decision in the Saratoga Citizen case. Both comments, which are also attached to the story online, are re-posted below.

Kyle York wrote on Mar 16, 2011 4:52 AM:

"In fairness to all readers, I believe the article as written suggests that the City is gaining momentum. While that may be the "spin" desired by the three Council members who voted to spend more money, it is poor journalism... albeit written in a hurry to make deadline.

FIRST, it is disingenuous to report that any Court had looked at the second stack of petitions submitted by Saratoga Citizen and "ruled on behalf of the city." The Judge ruled that it's TOO SOON to look at the second set of citizen signatures, not while the FIRST stack of petitions are being challenged... AGAIN... by the City.

The "Round Two" petitions were returned to Saratoga Citizen due SOLELY to the CLOCK, not any fault or flaw in CONTENT.

SECOND, it was with great enthusiasm and drama that the Mayor announced "the New York Conference of Mayors and Municipal Officials (NYCOM) had voted at its Feb. 28 meeting to join the city in the appeal." That's true-- There was a VOTE.

The VOTE has no legal bearing NOR is it "news" unless Mr. Donges makes it clear that NO JUDGE has yet ruled on whether NYCOM will be welcome NYCOM to the City's $200/hour legal fight. In fact, the Court may find NO sufficient cause to afford NYCOM ANY status as intervenor.

The Court may choose to grant NYCOM amicus curiae status... or the Court may elect to leave NYCOM by the curb... but always welcome to post a comment on any news story in Saratogian blogs.

I was hoping the reporter might have asked the Mayor if NYCOM was willing to back their rabid "vote" of enthusiasm for litigation with any offer of financial support when the bills come in.

-Kyle York
Fan of the hard-working City Desk,
Stickler for spin-free Accuracy."

patrickhdonges wrote on Mar 16, 2011 7:58 AM:

"Kyle, as always, thanks for the input. Some responses I hope you will consider.

On your first point; I believe your concern is addressed at the end of the second paragraph, which states, '...it was ruled (the second set of petitions) had been submitted too early and would therefore need to be resubmitted to the city.'

Both Mayor Johnson, publicly last night, and Pat Kane, in a phone message earlier this week, characterized the ruling on the second set of petitions as being 'in favor of the city.'

Second; NYCOM is only mentioned as having voted to join the city in their appeal. You are correct that a judge may choose whether or not to afford them any input at all, as was the case before Judge Nolan with briefs filed by Eliot Masie and Saratoga SUCCESS. The news here, in my estimation, is that the mayor mentioned the group's vote in his appeal proposal, indicating they may be a factor in the appeal process.

I hope you will trust that the financial impact of this appeal on the city budget will be reported on (likely at length) in both print and the City Desk blog as proceedings... proceed.

-Patrick 'Spin-less in the All-Spin Zone' Donges

583-8729 ext. 219
pdonges@saratogian.com
saratogacitydesk.blogspot.com
@SaratogianCDesk"

I always post my contact info at the end of these comments because, as those of you who have called me already know, I will entertain any and all calls or emails on the content or context of my stories. In fact, I'll go so far as to say I can be a pretty nice guy, even while being berated for being an awful writer or accused of being in the pocket of politician or party x, y, and/or z.