Patrick Kane, of charter change group Saratoga Citizen, delivered the following letter to Accounts Commissioner John Franck's office this afternoon.

Mr. John P. Franck
City Clerk of the City of Saratoga Springs
City Hall
474 Broadway
Saratoga Springs, New York 12866
Re: Filing of Local Law to amend the City Charter
Dear Mr. Franck:
As you know, on November, 19, 2010 and pursuant to Section 37(7) of the New York Municipal Home Rural Law
(“MHRL”), Saratoga Citizen submitted to you an additional petition proposing a local law to amend the Charter of the
City of Saratoga Springs. On December 8, 2010, you issued a Certificate stating that the additional petition did not
comply with all requirements of law. Saratoga Citizen subsequently challenged that determination in Supreme Court,
Saratoga County. On March 8, 2011, the Court issued a Decision and Order stating that the additional petition was
prematurely filed and could be filed with your office only after March 15, 2011.
Without waiving its right to appeal the Court’s determination, Saratoga Citizen hereby resubmits the additional petition.
Since your office remains in possession of the original additional petition, please treat the additional petition as being
resubmitted to you as of the date of this letter. The proposed local law is attached to the petition, and the petitioners
request that this local law be submitted to the voters of Saratoga Springs at the next general election.
The additional petition in your possession contains the signatures of 964 qualified electors of the City of Saratoga
Springs, which number is greater than five percent of the total number of valid votes cast for governor in the City of
Saratoga Springs in the last gubernatorial election. Please examine the additional petition and transmit a certificate
of compliance to the City Council. Please also send a copy of such certificate as required by MHRL § 37(5) to my
address at 19 Marion Place, Saratoga Springs, New York 12866.
Although Saratoga Citizen believes no fiscal note is required under MHRL § 37(11) for proposed local laws to
reorganize the functions of city government, I am enclosing for your reference a copy of the Preliminary Estimate of
Fiscal Impact on City of Proposed Charter prepared by Saratoga Citizen.
Thank you for your attention to this matter.
Respectfully,
Patrick V Kane
Saratoga Citizen Inc,
Saratoga Springs NY

While he did not personally get a chance to meet with Kane, Franck said Friday he now has 20 days to certify the signatures, but that isn't the end of the story.

"The only question is whether the stay that the court has put on with the appeal stays me from certifying those," he said.

Because the city has filed an appeal in their case against Saratoga Citizen an automatic stay has been issued, the details of which Franck said he would have to consult attorneys to determine.

Franck also that without the complication created by the litigation, the measure would have the required signatures to supersede a council vote of approval. Because of the legal battle, there is some question of whether or not the 60 days the council has to act on the first set of signatures has expired or if the clock stopped after the city filed their notice of appeal.

"The question is, did the 60 days go by yet? I don't know if the clock stops there," he said, adding that the issue was one the council may need to take a position on.

"My assumption is that the signatures are good and the signatures are sufficient," he said of the second set, which will not be reviewed by attorneys before action is taken.