Opinion - Saratoga Springs Politics

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

Tuesday, 19 July 2022 09:21

Commissioner Montagnino’s Dubious “Agreement” with Gaffney’s

By John Kaufmann | Saratoga Springs Politics

sneeky-handsome-guy-hiding-face-blank-piece-paper-your-logo-making-announcement-showing-promo-offer-standing-blue-background-2.webp

Saratoga Springs Public Safety Commissioner James Montagnino signed a memorandum of understanding (MOU) with Gaffney’s Bar back on May 25, 2022, stipulating conditions under which the establishment could re-open. The New York State Liquor Authority characterize the agreement as “not worth the paper it was written on.”

I FOILed for the document, and it is quite revealing. Not only has Montagnino assumed authority to negotiate a settlement with Gaffney’s that only the New York Stae Liquor Authority is authorized to do, but it seems he has also wrongly assumed the Mayor’s authority to sign agreements, even invalid ones, on behalf of the city.

According to the city charter, as I read it, the Mayor is the city official authorized to sign formal agreements. Also, agreements are supposed to be adopted by resolution of the full City Council.

Now note how the document is signed: “Acknowledged on Behalf of the City of Saratoga Springs

Is this Commissioner Montagnino playing lawyer by diddling with the wording? Read carefully. He is only “acknowledging” promises made by Gaffney’s. He knows that an actual real agreement with Gaffney’s (if the city could even do this) would require that the City Council adopt a resolution affirming the action. Why he did it this way is anyone’s guess.

I wrote to Commissioner Montagnino and Mayor Kim, asking whether a document such as this could be signed by anyone other than the Mayor and whether it required Council approval. Neither of them responded.

The Document

kaufmann-foil-reply-gaffneys-mou_page_2.webp

kaufmann-foil-reply-gaffneys-mou_page_3.webp

Read 1049 times

Saratoga Springs Politics

Blotter

  • COURT Luke P. Dashnaw, 22, of Wilton, was sentenced July 15 to a total term of 4-1/13 to 13 years incarceration, after pleading to promoting a sexual performance by a child, first charged August 2020 in Halfmoon.  Kasey B. O’Herron, 36, of Greenfield Center, pleaded in Saratoga County Court to felony DWI in Saratoga Springs. Sentencing Sept. 16.  Geoffrey Pickering, 32, pleaded in Saratoga County Court to felony aggravated family offense in Milton. Sentencing Sept. 23.  Devin C. Bryant, 26, of South Glens Falls, was sentenced July 15 to a total incarceration term of 6 years, and 5 years of…

Property Transactions

  • BALLSTON SPA Bryan Doren sold property at 617 Cindy Lane to William and Tara Sheldon for $385,000.  Joyce Murphy and Joanne Riggs sold property at 259 Scotch Bush Rd. to Courtney and Nelson Stone for $700,000.  Corey Palmatier sold property at 32 Forestbrook Dr. to Anny Dequan Yin for $460,000. Eastline Holdings LLC sold property at 13 Timber Creek Dr. to John and Ashlyn Rutledge for $511,931.  Ute and Frederick Huebner sold property at 4 Willem Way to Laura and Ronald Shepard for $1,199,000.  Traditional Homebuilders and Developers Inc. sold property at 8 Mallory Way to Christopher and Maria Conto…