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Friday, March 25

Second petition redelivered by Saratoga Citizen, Comm. Franck says action may be delayed by legal battle

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.

10 Comments:

Anonymous Anonymous said...

Patrick,it's amazing to see the lenghs that Pat Kane and his radical party will go too to make sure the city implements paid parking for the downtown business core,can the city afford the new Taxes that will surely come if this radical party changes our unique form of gov't? Just say NO to the crazies.

March 26, 2011 at 5:49 AM 
Anonymous Anonymous said...

This story belongs in the obits.LOL

March 26, 2011 at 7:38 AM 
Anonymous Anonymous said...

Lets vote
Stop wasting money

March 26, 2011 at 10:46 PM 
Anonymous Anonymous said...

It seems that at least one member (John Franck) of the Council is starting to see that citizen's should be allowed to have their right to vote in Saratoga Springs. Also Ken Ivins has voted against the Mayor on the last 2 proposals regarding this issue. If only Scirocco and Wirth would take the time to understand what is going on instead of acting like bobble head dolls when the mayor speaks, it could be the citizens will have their right to vote yes or no on the issue.

March 27, 2011 at 10:36 AM 
Anonymous Anonymous said...

Democracy is a form of political organization in which all people, through consensus (consensus democracy), direct referendum (direct democracy), or elected representatives (representative democracy) exercise equal control over the matters which affect their interests. The term comes from the Greek: (dēmokratía) "rule of the people", which was coined from (dêmos) "people" and (Kratos) "power", in the middle of the 5th-4th century BC to denote the political systems then existing in some Greek city-states, notably Athens following a popular uprising in 508 BC.
Even though there is no specific, universally accepted definition of 'democracy',[4] equality and freedom have been identified as important characteristics of democracy since ancient times. These principles are reflected in all citizens being equal before the law and having equal access to power.
For example, in a representative democracy, every vote has equal weight, no restrictions can apply to anyone wanting to become a representative, and the freedom of its citizens is secured by legitimized rights and liberties which are generally protected by a constitution.
There are several varieties of democracy, some of which provide better representation and more freedoms for their citizens than others. However, if any democracy is not carefully legislated – through the use of balances – to avoid an uneven distribution of political power, such as the separation of powers, then a branch of the system of rule could accumulate power, thus become undemocratic.
The "majority rule" is often described as a characteristic feature of democracy, but without governmental or constitutional protections of individual liberties, it is possible for a minority of individuals to be oppressed by the "tyranny of the majority". An essential process in "ideal" representative democracies is competitive elections that are fair both substantively and procedurally.
Furthermore, freedom of political expression, freedom of speech, and freedom of the press are considered by some to be essential so that citizens are informed and able to vote in their personal interests.

March 28, 2011 at 6:59 AM 
Anonymous Anonymous said...

Patrick - I read the proposed charter and found on page 56 that the "effective date of the charter" will be 2004. I think this is just another example of the sloppy work that was done by this group. This date is from the current charter that was approved by the public in an election of the fall 2001. What they have submitted, if accepted, will be on the ballot as written with this date included.

March 28, 2011 at 3:17 PM 
Anonymous Anonymous said...

Anon 10:36am,who is being denied their right to vote-- WHO? Anon 10:46pm where is money being wasted Where? Tell your friends at saratoga comrades their dog can't hunt,why don't you want due process? Whata'fear?

March 29, 2011 at 3:28 PM 
Anonymous Anonymous said...

Anonymous - Check Page 57. You will find another set of dates there with other specific info. The only problem the list of added positions is only 50% complete at best especailly in the area of the City Managers Office - no staff stated, DPW - Position needed not stated and on and on. But it does reflect a list of unelected individuals who will work the the current councilthrought a six month max transition period. It might take six months to find someone willin gto take $120,000 a year plus fees and relacation costs with no contract. That is by design. Whoever the deputy is will be the next City Manager after the first one is fired or walks out. Within four years we will have a self appointed group running the city if they can control who is on the Council. This is very well planned out.

March 29, 2011 at 7:53 PM 
Anonymous Anonymous said...

Anon: 7:53
You should be in Hollywood writing scripts for TV shows. You have quite a vivid imagination on how this will all work out, especially since the elected officials will do the appointing.
Good try though you do come up with good conspiracy theories. To bad the X Files isn't on any more

April 2, 2011 at 10:59 AM 
Anonymous Anonymous said...

Anon 7:53 PM

I should have given you this point in the last post. The way I read it is that in the current charter the effective date is 1-1-2004. The new charter will be operating in some areas of the old charter. This is spelled out on the page you referred to (pg. 57) in paragraph 4. Your selective wording only works on you and those who you think you can pull the wool over their eyes.

April 2, 2011 at 11:13 AM 

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