Author: Thomas Dimopoulos

SARATOGA SPRINGS — The mayor sat at the center of the table flanked by four council members and under the gaze of several dozen faces inside of the Saratoga Music Hall. 

The proposal on the table: a resolution to create an 11-member “restorative justice” review panel, and an acknowledgement.  “Saratoga Springs has supported and allowed racism and hate in areas of housing, employment, law enforcement and other areas of formal and informal life during its history,” it read. 

Among the attendees inside the hall: past council members, potential future council members (those on the ballot in November’s election), nearly two dozen Saratoga BLM supporters, local citizens, various onlookers, and assorted stakeholders in the night’s other scheduled agenda items – who would ultimately have to wait two days for the meeting to resume.

As the resolution was read, the public safety deputy commissioner relocated his position from table-side to the back of the hall with the intent to exit the room in protest should the council approve the proposal. The Saratoga Springs PBA had earlier released a statement taking issue with the resolution’s stating of “law enforcement” as one entity that, during its history, “has supported and allowed racism and hate.”

A handful of officers stood in the back hall and out of public view. “Present in the event their presence was needed,” the public safety commissioner later confirmed. 

The mayor read the resolution, paused for a beat, and looked across both sides of the council table. 

“Any discussion?” he asked. 

Where We are, How We Got Here

A variety of newspaper clippings dating back more than a century and displaying racist and often vulgar language when referring to local black residents are preserved as part of the historical record in the Saratoga Room of the Saratoga Springs Public Library. 

Among the materials is a list of slave owners in early 19th century Saratoga County that details the names of the slave “owners” and the number of slaves they “owned.” 

More recent newspaper clips report about white supremacist flyers found on car windshields one day in 2017, and an assortment of fliers that depict the crude illustrations and racist language.  

There is also material related to Urban Renewal.

“The greatest concentration of black-owned businesses in Saratoga Springs was found on Congress Street. An assortment of nightclubs, gambling houses, restaurants, bars, barber shops, brothels, and beauty salons,” writes Myra B. Armstrong. “The street was completely renovated by the Urban Renewal Program.”

The Urban Renewal Program began around 1960 and by 1980 resulted in the relocation of 96 households consisting of 228 people on the city’s West Side. Nearly two-thirds of the households were black.  

Tuesday’s Vote

During the council discussion immediately prior to the resolution vote, city Mayor Ron Kim addressed the members of the audience who, just as Public Safety Commissioner Jim Montagnino began expressing opposition to the resolution, collectively engaged in a loud coughing fit. 

“Commissioner Montagnino wants to say that I’m not in control of this meeting,” Mayor Kim said. “I’m going to ask you to be quiet for this debate – because he basically wants to charge this room,” he added, gesturing to a doorway off stage right that leads to a blind stairwell. “They’re right outside,” Kim said. “Please. Let him speak.”

Montagnino continued and the room quieted; when the commissioner raised speculation about the cause of a fallen statue in Congress Park three years ago, voices in the audience again grew elevated.  The statue, dedicated to a local regiment of the Civil War, mysteriously toppled in the middle of the night. Despite an investigation, the cause of the statue’s toppling remains unknown. 

“That statue sat peacefully in Congress Park for a century-and-a-half until it was toppled in July 2020. I suspect there are people in this room who know who did it,” Montagnino said.  The voices grew louder.  

“The remarks made by Commissioner Montagnino – you’re playing into his hands. He is essentially inciting you,” said Accounts Commissioner Dillon Moran, who would vote in favor of the proposal. The resolution, Moran said, was aimed at reconciliation and moving forward with dignity and respect. “That’s what this motion is about, Jim.”  

Finance Commissioner Minita Sanghvi, who similarly voted in favor of the resolution, agreed. “Housing discrimination, employment discrimination are all realities that have existed. Not just for Black people but also for various immigrant communities,” she said.  “For restorative justice to work, we have to first acknowledge the truth. And the truth is that racism, discrimination and bias exists in this country, in this state, and this city. And for this reason, I voted for a restorative justice resolution brought forth by Mayor Ron Kim.”

Over Montagnino’s protests that he be allowed to continue speaking, the mayor called for a vote. The council approved the measure 4-1, with Montagnino casting the one vote against. 

Many in the crowd rose to their feet and began chanting. With an eye toward this November’s elections, they chanted “Hit The Road Jim.” Referencing earlier charges brought against two Saratoga BLM supporters related to actions during previous council meetings, there were calls to “Drop The Charges.” 

Montagnino was the complainant in a disorderly conduct charge against Chandler Hickenbottom regarding a Feb. 7 council meeting, and a witness in disorderly conduct and instructing governmental administration charges against Saratoga BLM founder Alexis Figuereo, and against Bridgette Barr regarding to an April 24 council meetings. 

Queried about whether he may consider dropping those charges, Montagnino said only a court can dismiss a charge and a prosecutor can move to withdraw a charge, while witnesses and complainants do not have that authority. “With or without that authority, I have no intention other than to cooperate with the two special prosecutors who have been appointed to see that the cases are prosecuted to disposition,” he said during a sit-down interview on Wednesday, one day after the council meeting.  

Might any new charges be forthcoming related to Tuesday night’s meeting, which came to an abrupt halt. 

 “The truthful answer is: I don’t know,” he said. 

Montagnino denied intentionally attempting to provoke a reaction from Saratoga BLM supporters during the meeting when speculating about the toppled Saratoga Regiment Civil War statue. The statue is dedicated to The 77th Regiment, which was organized in Saratoga Springs and mustered into service in 1861 to fight against the Confederacy.   “No. It wasn’t done to provoke emotion,” Montagnino said. “It was done to make a point, and my point is this:  BLM is not looking for justice, reform, accommodation, a seat at the table. No. They want chaos.”  

Tuesday’s approved resolution asks all five council members and both supervisors to each appoint one member to a “Restorative Justice Panel” by May 31. That panel – to which the mayor will appoint co-chairs, is then charged with inviting community input in a dialogue to define what form Saratoga Springs Restorative Justice Program would take. Their recommendations will subsequently be presented to the City Council by Dec. 19.

SARATOGA SPRINGS — The building is mostly vacant now on Adelphi Street.  Gone are those who sought sanctuary from the elements of winter as well as those who committed their time and efforts to provide care at the space that has served as a Code Blue emergency homeless shelter. The tally for the November to April season: 160 nights open, 6,800 meals served.

The Code Blue shelter – which opens when the temperature dips below 32 degrees Fahrenheit – has most recently been located just off South Broadway as a 61-bed facility on Adelphi Street. On April 30, the current lease on the Adelphi Street space will expire – it is already listed with realtors as a commercial spot for lease – leaving the city, for the time being, without a venue to point to as a shelter for next winter’s season.     

Earlier this year, Saratoga Springs Mayor Ron Kim initiated the formation of a Mayor’s Task Force on Homelessness. The group is tasked with presenting a proposal for a shelter location to the council by early summer.   

“By our July 6 (council) meeting, we’re asking them to report back. I think they’re on schedule and should be able to complete their mission. I’ve been incredibly impressed by their discussions. They’ve been thoughtful, thought-provoking and also respectful. They’ve sort of come to the conclusion that we need a 24-hour shelter,” said city Mayor Ron Kim. 

“By hook-or-crook we’re going to have to offer something. I hope we can move quickly, but that’s all about location and agency.  What I think the Homelessness Task Force will be able to do is give is responses to the three questions we’ve asked: what do we need? Where could it be, and who will provide it?” Kim said.  “It’s going to then be up to the City Council when we get those recommendations in early July to move the ball forward. So, we’ll have our work cut out for us.” 

Since late 2013, St. Peter’s Parish Center, the Salvation Army building, the Soul Saving Station Church and the “overflow” Presbyterian New England Congregational Church have all served as a regional emergency winter shelter at one time or another. Adelphi Street was first activated in 2020. All have been on a temporary basis. Each time a permanent venue was thought to be found, loud opposition from those with interests near the proposed siting spot has negated its coming to fruition. 

The most recent future-looking plans eyed a permanent 24/7 year-round shelter at the soon-to-be-vacated Senior Center on Williams Street. Last October, the City Council unanimously approved a resolution in favor of the project at the Williams Street property which the city owns. Shortly afterwards, however, some public opposition was raised and Shelters of Saratoga – which co-operates the Code Blue shelter with Saratoga County and The NYS Office of Temporary Disability and Assistance – announced it was canceling its plans to site a permanent center on Williams Street.   

The building continues to serve as the Saratoga Senior Center for now. Relocation will occur when a new senior center structure on West Avenue becomes operational this summer, Saratoga Senior Center Executive Director Lois Celeste said.  

There has been no determination yet made about what may become of the city owned site on Williams Street when it becomes vacant.

“There are no plans whatsoever,” said Mayor Kim, adding that plans to site a shelter there are not completely off the table. “On the other hand, if the (Homelessness) Task Force sees another possibility, it could be something that we use to rent, for other purposes. Another possibility is that it could help us fund something in another location. So, nothing is firm about that. But in July that will be a major thing for the City Council to address once we get the recommendations.”  

Discussions by the task force include whether an outside agency would be involved to provide services (such as Shelters of Saratoga had been in the past), the geographic area where a potential shelter would best be sited, whether it would have 24/7 capabilities, and specifics regarding whether the shelter be of a low-barrier status. The definition of a “low barrier shelter” and of a “navigation center” vary from state-to-state and having a “low barrier” points to things such as potentially eliminating curfews and not requiring background checks, sobriety or mandatory treatment.

“Those are open questions,” Kim said.  “That’s one of those things they’re still debating. One of the viewpoints is: maybe we should have an aspiration goal of low-barrier with the very particular details of that left to an agency. On the other hand, some have said maybe we should do more of the defining. So, I don’t think they’ve reached that (consensus) yet,” Kim said.  

Kim said he would prefer siting a permanent shelter rather than continuing along the path of having a series of temporary rentals as has been the case for nearly a decade. “I think we need to do this, but I don’t know in the end where it will land.” 

Funding is also a key piece. 

“The funding comes through the state and passes through the county, so the county has a huge funding role in this,” Kim said. “The county, I hope and expect, will play a huge role in this; it’s more of a partnership because the city has become the central place where you need a homeless shelter. I don’t know of any other parts of Saratoga County where this has become a huge need.”   

In July 2022, the Saratoga County Board of Supervisors approved an agreement for the short-term lease – at $8,000 per month – of the Adelphi Street venue to be used as a “Code Blue” emergency homeless shelter thru April 30, 2023. 

“The county has not been presented yet with any plans to-date for a year-round shelter,” Saratoga County Board of Supervisors Chair Theodore Kusnierz said when asked about the future status of a shelter in Saratoga Springs.  “We will entertain any proposal that is provided to us.”  

SARATOGA SPRINGS — The City Council by a 4-1 vote on April 18, approved a resolution that bans no-knock warrants except “in the most extreme circumstances.”  

“I think it’s really important sometimes to take a stand on some things,” said city Mayor Ron Kim. “And this is one of them.”

An Executive Order issued in June 2020 by then-N.Y. Gov. Andrew Cuomo required local governments to perform a comprehensive review of its existing police force deployments, strategies, policies, procedures, practices and develop a plan for improvement with community input. 

The Saratoga Springs Police Reform Task Force was initiated two months later and tasked with developing recommendations along with the police chief and the city attorney to present to the City Council. Portions of the subsequent “Reinvention Plan: Toward a Community-Centered Justice Initiative” was accepted by the previous council in March 2021, although it refrained from action regarding the plan’s recommendation to ban non-knock search warrants.

“This City Council’s goal is to make our community safer and protect the rights and safety of all residents, including black residents who have historically experienced systemic racism,” read the resolution presented by the council this week.  “Restrictions on no-knock search warrants will enhance safety for both the citizens of Saratoga Springs and the law enforcement officers who protect them.” 

“Restrictions” on no-knock search warrants was a late-added revision, replacing an earlier version which stated intent for an outright “ban.”  The revised version added a handful of new paragraphs and revisions and was read aloud prior to the resolution vote, but not available for public viewing on the city’s website. The updated resolution, still titled as a “ban,” allowed for exceptions “in the most extreme circumstances.”     

“This restricts no-knock warrants. There is still the extreme circumstance where the police can in fact ask a judge for a no-knock warrant, so it does not remove no-knock warrants from law,” said DPW Commissioner Jason Golub, who served as co-chair of Saratoga’s Police Reform Task Force prior to his appointment, and subsequent election, to the council. 

“It simply says: we are restricting them to the most extreme circumstances where they might be required. “The ask by Gov. Cuomo was for every city to reimagine police reform…I think that is reimagining what we can do to protect our community, and that’s where we need to be going,” Golub said.  

The issues were discussed and debated by the city Police Reform Task Force for about nine months Accounts Commissioner Dillon Moran reminded those at the council meeting, during which a great majority of those making public comments voiced their support for the city’s adoption of the resolution.

“There was a comment earlier today that there hadn’t been enough community conversation. I just don’t think that’s true,” Moran said. “The recommendation has been out there for a while and there has been plenty of opportunity for people to come forward, voice their support for – as we’ve heard this evening – and folks to use their voice against.” 

At the council table, Finance Commissioner Minita Sanghvi verbally supplied data that showcased: dozens of deaths involving civilians and police had occurred in the U.S. over a six-year period during no-knock raids; funds paid by municipalities due to resulting lawsuits, and statistics that highlighted a high percentage of no-knock warrants executed upon blacks and Hispanics indicating that “race is clearly an issue.”

“No-knock warrants have been banned in Florida – which I don’t think anyone would think is a liberal state – they have been banned in Virginia, which has a Republican governor, and in Oregon,” Sanghvi said. “They don’t make sense for the safety and security of our police or our community, and it doesn’t make sense financially either for our local government.” 

The New York State Legislature is considering a bill that would sharply limit the use of no-knock warrants.

Public Safety Commissioner James Montagnino cast the lone council vote opposed to the resolution, citing procedural issues – including that the revised measure was not available to the public – as well as current state law. “Unless and until either our legislature amends article 690 (Search Warrants) or we go through the proper process to amend the City Charter, I don’t think this resolution should be adopted.” 

Montagnino said as best he could discern, while “a number of” no-knock warrants were issued by city judges, most of those city police opted to execute as standard announce warrants. “As best as we can tell, one warrant was executed as a no-knock warrant in the city of Saratoga Springs, about 7 years ago… so the process itself is extremely rare.”

The condition providing exception to the ban reads as follows: SSPD will only initiate no-knock warrants in the most extreme circumstances where officers detail specific facts in the search warrant application that explain why giving notice would create an imminent danger to a person’s life.