Rosamilia is still out; Republican odds are in

MANTELLO

The fact Mayor Lou Rosamilia will not run for a second term did little to change the mix of potential Republican candidates or the odds of them getting into the race, according to Vegas bookmakers.

-Carmella Mantello: The former councilwoman and twice mayoral candidate has all but announced her intention to run for a third time. She is all over social media weighing in on about every issue facing the city, she routinely sends out FOIL requests and even put out an unsolicited statement on Rosamilia’s decision to not run again. After serving six years on the Council representing District 3 she ran unsuccessfully against Mayor Mark Pattison and then, a dozen years later, ran unsuccessfully against Rosamilia.  She really has nothing to lose and despite the Republican Party proper ready to endorse Councilman Jim Gordon, R-District 1, for the spot she is gearing up for a primary if it comes down to it. The Republicans have offered Mantello a job – such as head of the Planning Department – if she withdraws and if Gordon wins but nobody expects her to believe them or to take the deal even if she did. ODDS of her running stand at 2 to 1.

GORDON

-Jim Gordon: It’s a little harder to tell if Gordon is running since he is already an elected official and the electorate – and his party since he is in the minority - expects him to make some noise. But, while he clearly wants to run he would have to give up the district seat he worked so hard to win – and the $15,000 paycheck that comes with it. The Rensselaer County STOPDWI coordinator would, however, enjoy the Conservative and Independence party lines should he make it past what would be a near certain primary against Mantello. On the flip side of that, she would not have them and they are crucial to a Republican winning a citywide election since Democrats outnumber the GOP by about 5 to 3. He too has built up his name recognition beyond his Lansingburgh district. ODDS of him running stand at 2 to 1.

MCGRATH

 -Mark McGrath: The “Draft McGrath” movement is alive and well albeit too small to swing the Republicans into giving the enrolled Conservative Party member permission to run on its line. He could, though, play hardball with City Chairman Mark Wojcik and run a Conservative Party primary his can and then try to run in the general on just the minor party line. But, McGrath won’t run a suicide mission as a vendetta. Instead, he said, he is 99 percent sure he will run again in District 2, where he served eight years before being term limited out of office two years ago. ODDS of him running for mayor stand at 15 to 1.

TUTUNJIAN

-Harry Tutunjian: There is no question the former eight-year mayor loved the job and would like nothing more than to be in City Hall again. He did a decent job too before being term limited out. He had his critics, without a doubt, but compared to the Rosamiia debacle, he was FDR, JFK and Ronald Regan all rolled into one. But, he lost twice for Legislature so if the GOP endorses him this year it’s because everyone else bailed out – even Mantello. Odds of him running stand at 20 to 1.

 

City Hall departments get subpoenas; feds have photos

KING FUELS DEMOLITION

The Troy Engineering and Planning departments – in addition to the city Council – received a subpoena from the Environmental Protection Agency regarding controversial demolition projects, according to Amy O’Connor during an appearance on Talk 1300 Saturday.

Also, according to sources, the feds questioned Mike Hayner, head of the Department of Public Utilities and acting commissioner of the Department of Public Works, and the new city Engineer Andrew Donovan, within the last two weeks.

It appears the feds are wondering why there were barricades at the King Street row of buildings a day prior to the Aug. 5 emergency demolition. Investigators are in possession of photos taken from a camera installed on the Green Island Bridge that show barricades stacked outside the buildings before Fire Chief Tom Garrett ordered an emergency demolition.

Hayner, who on Aug. 5 did order crews to set up city barricades around the demolition site, told the feds he has no idea how the barricades got there the night before and said the aluminum barricades at the site did not even belong to the city.

ROSAMILIA

It begs the questions of why preparations were being made to take the buildings down prior to Garrett declaring them an imminent threat to public safety and immediately demolished.

The Environmental Protection Agency, the FBI and the state Labor Department has interviewed a number of former and current City Hall employees as they investigate the King Street demolition project and one at the King Fuels site in South Troy.

At King Street, the buildings’ owner, Don Boyajian, asked the city for an emergency demolition in 2010. Under then Mayor Harry Tutunjian, acting on the advice of City Engineer Russ Reeves, the request was denied. Three years later, a day after Reeves went on vacation, Garrett issued the emergency decree and the buildings came down. There was no asbestos abatement and Bombers, a bar restaurant attached to the King Street buildings, was allowed to stay open. Patrons were seen entering and exiting the establishment not 50 feet from where the proverbial wrecking ball was swinging.  

REEVES

Reeves later resigned because of demolition irregularities at the King Fuels site. He said the demolition did not follow certified engineering guidelines and that work came dangerously close to a natural gas main. Also, according to former Councilman Mark McGrath during an appearance on Talk 1300 radio, an employee of one of the demolition contractors, J.R. Casale, told authorities the company was burying asbestos at the site.

Last year, the city Council, under President Rodney Wiltshire, conducted its own investigation through six public hearings. Those testifying included Mayor Lou Rosamilia, Garrett, Planning Commissioner Bill Dunne, Deputy Mayor Pete Ryan, Boyajian, Tununjian and a host of others.  Part of the EPA subpoena issued to the Council last week requests a transcript of the hearings in addition to any and all other records as well as all electronic and paper correspondence regarding the sites. The request dates to 2010 and includes three successive Councils.

It’s unclear what the subpoenas issued on the City Hall departments demands, but employees were gathering records last week to satisfy the request.

GARRETT

According to O’Connor, an attorney who is an active member of the Democratic Party, the EPA can pursue civil or criminal penalties when it comes to the failure to properly abate and dispose of asbestos, a known carcinogenic. Since there is a grand jury empaneled, it is more than likely looking at criminal sanctions. She did say, however, that it is generally the contractors’ responsibility to follow state and federal regulations.

She also said the intentional disregard of those regulations is one aspect the feds would have to prove should it bring an indictment or indictments. While there is a grand jury empaneled only about a third end with an indictment, O’Connor said.

 

 

 

Odds for Republican mayoral candidates

As promised, here are the odds for Republican Party Troy mayoral candidates. The same criteria was used as for the Democrats: it’s not based on winning the election but on who will run and by run we mean publicly announce and begin the arduous task of raising money.

First a bit of history. Troy changed from a city manager form of government to that of a strong mayor in 1994. Mark Pattison narrowly defeated now Rensselaer County Executive Kathy Jimino in the 1995 election and was sworn in as mayor on Jan. 1 1996. The Democrat served the maximum eight years allowed under the charter – despite efforts to abolish term limits. Harry Tutunjian, a Republican, won the next election and the next and served for eight years. For the last three-plus years Democrat Mayor Lou Rosamilia has been at the helm.

The point is, despite the Democrats enjoying a huge enrollment advantage, Republicans do have a shot at the mayor’s office, particularly since the state allows the minor parties to cross endorse major party candidates.

So without further ado … the odds:

-Carmella Mantello: The former councilwoman has run for mayor twice before – once against Pattison and once four years ago against Rosamilia – and has all but announced her intentions to run this year too.

She narrowly lost an At-Large seat two years ago and has gotten some decent press by exposing irregularities at the less-than-cooperative Board of Elections. She has also criticized the Council for the budget mess it did nothing about and Rosamilia for the same. And perhaps most telling is the fact she recently sent a letter to Republican Party committee members pointing out the many shortcomings in city government as well as her belief there is a need for change.

That said, she had to go directly to the committee members rather than the leadership because, plainly put, they don’t like her much and probably won’t give her the nomination. The thing is, she doesn’t care, has nothing to lose and wants the job perhaps more than anyone in the city - even if it means getting it by first running a primary.

Odds of her running - 2 to 1.

-Jim Gordon: The councilman from District 1 said he has made a decision on a run for mayor but isn’t ready to go public with it yet.

He does have party support should he take the plunge and he has, over the years, made a solid name for himself in his district of Lansingburgh. Being in the minority, he can point his finger at the paper majority of Democrats on the Council and the administration for not doing anything to address the looming fiscal disaster. Close observers, however, know he and his Republican colleague teamed up with four Democrats to form the true majority of six on the same Council that punted the fiscal problems down the road. Let’s just say he has been less than stellar in his role as the minority check and balance watchdog.

Also, he would have to give up his $15,000 Council seat, a seat he won on his third try, to run for mayor and he works for Jimino. a mayoral run would bring her office at least a little bit into the spotlight and that’s something the county executive would rather not see happen.

Odds of him running - 5 to 1.

-Mark McGrath: The former city councilman from District 2 staunchly denies any knowledge of an effort to recruit him into the campaign with “Draft McGrath” signs placed around the city this fall. But, there is no denying he got a kick out of it.

He also got a kick out of being a watchdog on the Council for eight years whether or not it was his own party he was watch dogging or that of the Democrats. He was also elected four times in a district that on paper is a Democratic seat so he obviously appeals to voters across party lines.

He will likely not, however, have the party’s support should he run for mayor – he was recently asked to run for an At Large seat. He responded to that offer with a question: “If I’m running city-wide why don’t I run for mayor?”

A city-wide campaign, though, would take about $150,000. While McGrath does enjoy mixing it up in the press, and the ego-stroke that comes with it, he doesn’t have the temperament or the skill to run the nuts and bolts of a campaign – which includes raising money and coordinating volunteers. A fractured party will do nothing to help that crucial effort. Plus, he is enrolled in the Conservative Party and would need Republican Party permission to even get on the ballot.

Odds of him running – 7 to 1

-Harry Tutunjian: There is no secret the former mayor loved the job and would like to run again but given losses for Council and Legislature the popularity he once enjoyed has evidently waned. The party knows that too and will likely not give him the nod for anything outside another run at Council.

He does, though, have a base of support among the party faithful and does appeal to more moderate voters across party lines. He rightly points to the hypocrisy of some of his critics who would have tarred and feathered him for some of the recent shenanigans - illegal sidewalks, shady demolitions and general incompetence – but have turned a blind eye to Rosamilia and company.

Odds of him running – 15 to 1

-Dan Crawley: The deputy mayor under Tutunjian is currently the executive secretary of the Troy Housing Authority. While his name has been floated as a potential mayoral candidate Crawley doesn’t like the spotlight and would prefer to exercise his influence from behind the scenes.

He has cleaned up the local organization that is funded with federal money and has historically been riddled with scandal and controversy but doesn’t have that much time until he can retire. He may run sometime down the road but likely not this year.

Odds of him running – 20 to 1

-Kevin McCashion: The mad tweeter who coined the phrase #troycrazy has been written up in the Times Union, the Business Review and has appeared on Talk 1300 to give his unique and sometimes off the wall take on all things Troy.

He probably has more enemies than friends and the party wouldn’t even support him for the thankless job of city chair so there is no way he gets the nod for mayor.

But, he did submit a bid to develop the old City Hall Site on Monument Square so there is really no telling what he will do.

Odds of him running – 30 to 1  

Odds for the rest of the field – which includes Councilman Dean Bodnar, THA Comptroller Deb Witkowski, Police Chief John Tedesco and Kevin Vandenburgh stand at 50 to 1.

Comptroller: Troy spent $5.9 million more than it took in from '11 through '13 (DOCUMENT)

ROSAMILIA

From 2011 through 2013, the City of Troy spent $5.9 million more than it took in, according to a scathing report by the office of state Comptroller Tom DiNapoli (see below.)

According to the 10-page report, the city operated at a $2.3 million deficit in 2011, a $1.3 million deficit in 2012 and a $2.4 million deficit in 2013. The report comes about a week after the Comptroller warned the city that if it closed this year at a projected $800,000 deficit, it could come back under the control of the Financial Control Board for the first time in nearly 20 years.

Mayor Harry Tutunjian's last year in office was 2011 and Mayor Lou Rosamilia took over on Jan. 1, 2012.

TUTUNJIAN

In addition, the Comptroller points out that the city has transferred substantial amounts of money from the water fund to help offset the deficit, an option the Comptroller warns will be limited in the future. In 2011, the city took some $300,000 from the water fund, in 2012, $1.2 million and in 2013, $1.5 million.

Furthermore, the Comptroller says the city failed to adequately budget for capital expenditures and instead relied on borrowing. From 2011 through 2015 the Comptroller estimates the city’s capital improvement fund will decrease from $6.2 million to $175,000.

The Comptroller also points out that next year’s budget, which has not yet been approved by the Council, includes a one shot $650,000 of revenue from the sale of the old City Hall site and an approximately $1.6 million of savings by deferring three months of its pension contribution until 2016.

  “As a result, the 2016 budget must contain provisions for a significant increase in retirement appropriations,” according to the report.

More information as it becomes available.  

Here is a link about the Comptrollers report written by a seasoned reporter.

Here is another link, about the same by a talented writer and ambitious young reporter who unfortunately has no editorial oversight and nobody above her willing or able to pick up the slack when a major story breaks late in the day.

 

 

 

Troy_C_BR by jfranco17410

PBA President Bob Fitzgerald retires

FITZGERALD

I know I’m a bit late on Officer Bob Fitzgerald retiring from the Police Department and as president of the Police Benevolent Association.

I knew about it, and also got a copy of the letter he sent calling for Councilman Bob Doherty, D-District 4, resignation the day he sent it but I chose not to do anything with it right away for two reasons:

-One, because that is exactly the type of media manipulation Fitzgerald used throughout his tenure as PBA president. He released that the day before he retired just to deflect the media from writing about his destructive record as president.

-And two, because it the letter wasn’t news. (And no, I'm not including it in this post.) It might have been news months ago, around the time Doherty held the questionable public hearings about the Kokopellis melee, but to release it when Fitzgerald was all but out the door, the call for a councilman’s head doesn’t mean anything at all. If nothing else it was a weak attempt at salvaging an unsalvageable legacy as president. 

First, let me say, I like Fitzgerald. When he wasn’t talking union shop or pitching a story that you could tell he was into being a cop. He was an evidence technician before becoming PBA president and was, as far as I could tell, good at meticulous handling proof that could make or break a prosecutor’s case. But, the presidency was a 40-hour-a-week gig, and every time you saw Fitzgerald in uniform over the past 11-plus years he was on OT.

Fitzgerald did fight hard for his members during contract negotiations, when they found themselves in trouble and when the administration or the command staff tried to alter the terms of the contract as it related to bidding assignments, staffing issues and even the different divisions within the department.

All that is expected of a strong union leader, but Fitzgerald often crossed the lines from professional to personal, from advocate to activist, from union president to political operative.

Overtime, pension costs, bidding jobs based on seniority rather than merit and other contractual obligations are favorite targets of columnists and politicians with enough guts to go against the politically powerful PBA union. But, they are obligations and the people elected to run the city signed off on them at some time so it’s not the PBA’s fault for getting what they could and then not wanting to give any of it up.

That said, Fitzgerald, just took it too far. I’m really not sure where to start.

I think the first time I was truly offended by Fitzgerald’s actions was the day then Mayor Harry Tutunjian was set to introduce John Tedesco as the new police chief. Fitzgerald didn’t want Tedesco to get the job because he knew as chief he would shake up the department, eliminate some inefficient programs to cut back on overtime and was a staunch disciplinarian.  So, Fitzgerald concocted this bizarre story about Tedesco getting the job because he agreed to squash an investigation into drug use and/or sale by members of Tutunjian’s adminstration. I’m not saying it was a complete fabrication because, as far as I could find out, it was a laborer in DPW who got jammed up so technically it was in Tutunjian’s adminstration. It’s just that the guy worked out of a pickup truck and probably never stepped foot in City Hall.

Then he propped up two on the Council – Kevin McGrath and Nina Nichols – with promises of who knows what if they supported a police commissioner. They convinced Mayor Lou Rosamilia to appoint Anthony Magnetto to oversee Tedesco and that experiment threw the department into turmoil. Magnetto went back into retirement after a year and Tedesco is now back in charge of the department.

And then he sued the city. It’s a pretty sordid story, really. A fellow officer, Steve Seney, was making a stink about residency and promotions – specifically, officers not living in the city were getting promoted ahead of those who did. Fitzgerald wasn’t happy about that and allegedly threatened to tell his wife about an affair Seney was having. There was threats of violence and Tutunjian suspended Fitzgerald. Fitzgerald sued and the city settled for $84,000.

Battles between the PBA and the administration – of whatever party – are legendary. But Fitzgerald took it to a new level. Rather than work within the existing hierarchy, he thought the PBA should run the department and used every tactic of manipulation in futile attempts to achieve that goal.

Sgt. Tom Hoffman is the new PBA president. I don’t know the guy, but he can’t be any more divisive as Fitzgerald.

Troy grant writer moves on

ROHR

Bill Rohr, a grant writer, is the latest to flee the administration of Mayor Lou Rosamilia.

Rohr follows the departure of City Engineer Russ Reeves who resigned amid two controversial demolition projects – one on King Street and the other at the King Fuels site in South Troy. Also, Reeves assistant, Barbara Tozzi, a 30-plus year employee, also retired.

While the administration didn’t quite hang Reeves out to dry, it fell well short of backing him up when questions arose about the projects.

It was no secret Rohr wasn’t happy about the way Reeves was treated and while he didn’t abruptly resign, he did start exploring other options. Obviously, one of the options turned out to be better than staying in City Hall, where he has been writing grants for nine years.

Reeves and Tozzi voluntarily testified at the ongoing Council investigation into the demolition projects. Since there have been two other hearings one featuring the owner of the King Street buildings, attorney Don Boyajian, the crew that did some demolition work at the South Troy site and former Mayor Harry Tutunjian.

Tutunjian said Boyajian contacted him in 2011 about the King Street properties to inquire about an emergency demolition. Tutunjian said he refused to consider it since there was no justification. Some two years later, Fire Chief Tom Garrett ordered the buildings demolished while Reeves was on vacation.

Boyajian said “miscommunication” was running rampant in City Hall.

As for the South Troy demolition, the owner of DiTanno and Sons admitted the crew did not follow the demolition plan as approved by an engineer - which really comes as no surprise given the footage that was leaked.

The next hearing will feature some City Hall employees, who will, according to a deal struck by Rosamilia and Council President Rodney Wiltshire, testify voluntarily and not via subpoena.

Former Mayor Tutunjian gets a subpoena (DOCUMENT) (UPDATED)

TUTUNJIAN

Well, it appears the Council is issuing subpoenas for tomorrow night’s hearing on two controversial demolition projects as well as other activity.

Former Mayor Harry Tutunjian received a subpoena and according to his Tweet: “I’m looking forward to testifying tomorrow at the Troy City Council demolition hearing. I wonder what they’ll ask me. Should be fun.”

TUTUNJIAN'S SUPOENA

Tutunjian said, in previously published reports, that he spoke with Don Boyajian, the owner of the King Street buildings that were demolished in August 2013 by emergency decree, about knocking the buildings down in 2011 when he was still in office.

Fire Chief Tom Garrett ordered the buildings leveled while City Engineer Russ Reeves was on vacation. Bombers Burrito Bar, located next door was allowed to stay open through the demolition, which occurred prior to any asbestos abatement.

One of the logical avenues of inquiry the Council is taking is what prompted the emergency demolition at that time when the buildings have been vacant for at least a decade prior.

As you can see, Tutunjian is "commanded" to appear at 6 p.m. at City Hall to answer questions and bring any and all documents related to the demolition of the King Street buildings and demolition at the King Fuels site.  

According to the Times Union, Boyajian will also testify along with John Torino, the owner of Provincial Contractor Services which has done work at King Fuels and Dan DiTonno, the owner of DiTonno & Sons construction company who did work at the King Fuels site.  

 

Newsflash: Mayor Lou is in over his head

ROSAMIlIA

Before I get going on this one let me remind everyone that I was on more than one occasion accused of writing to get a job with Mayor Mark Pattison, a Democrat.

Now that that’s out of the way, I’ve said from the get-go, before he even took office, Mayor Lou Rosamilia was in over his head and about everything that happened over the past two-plus years has done nothing but reinforce that observation.

The latest example was revealed by outgoing City Engineer Russ Reeves at a public hearing on Tuesday. Reeves, under oath, said an engineer, Jack Healey, was lined up to take a look at the wall between the buildings that were knocked down in August, 2013 and the adjacent Bomber’s restaurant but Rosamilia pulled the engineer off because the building’s owner, Don Boyajian, asked him to.

Michael Morris, the new mayor’s spokesman, said the mayor likely didn’t understand the protocol. I have no doubt of that. I don’t think the mayor suddenly had an engineering epiphany telling him a report on the wall wasn’t necessary. I don’t think Boyajian directly contacted the mayor either. I think the attorney used an intermediary like he did on Talk 1300 Wednesday morning to declare his innocence, or ignorance.

DUNNE

That means someone in his administration likely told the mayor to call off the study just before Fire Chief Tom Garrett ordered the buildings demolished while Reeves, who twice denied an emergency demolition permit, was on vacation.

I won’t belabor the King Street demolition or the King Fuels demolition or Scolite bid debacle or the sidewalks in North Central because it’s all been written and federal authorities are looking into it. Reeves told the Council the FBI told him he wasn’t a target which means there are targets out there. It doesn’t take rocket science to figure out who is on the list. I can’t add anything new, really, outside of observing Troy government and its politics for nearly two decades.

That said, I don’t think Rosamilia is malicious. I don’t think he intentionally jeopardized public safety by the King Street or King Fuels demolitions. I think he expects everyone to act with as much integrity as he has. The might be admirable in the cocoon of academia or on the football field but it doesn’t make an effective mayor, especially in a place like Troy where hidden agendas abound and grudges are held for years or even lifetimes.

TUTUNJIAN

The mayor can still be a “nice guy,” but to do the job he needs people, or even one person, he trusts that might not be so nice. Or in the least someone who isn’t afraid to take a stand, put people – employees and otherwise – in their respective place even if it means kicking some butt once in a while.   

For example, Mayor Harry Tutunjian had Deputy Mayor Dan Crawley. Mayor Mark Pattison had a couple people including Owen Goldfarb, Pat Morphy and Mark Streb. Rosamilia really doesn’t have anyone. Bill Dunne, the planning commissioner, is a central figure in all of the above problems, Pete Ryan, the deputy mayor, is in further over his head than Rosamilia, and Ian Silverman, the corporation council who is running for judge, is more focused on getting robes fitted.

PATTISON

Anyone of those people under Tutunjian or Pattison would never have allowed the friction between Dunne and Reeves to fester to the point of boiling over and impacting city business. It simply would not have been allowed and shouldn't have been allowed.

And, it's the mayor's job to be the public face of anything that happens in the city - good or bad. I know Tutunjian and Pattison would have said something to the public if five people got shot under their watch. Last week, we heard nothing from Rosamilia and still haven't.

Councilman Jim Gordon, R-District 1, is calling for Rosamilia’s resignation. A good political move but I don’t see it happening. I’d be willing to bet, though, that Rosamilia can’t wait until his time in office is over in 20 or so months. And actually, a bunch of Trojans probably can’t either.

And now for odds on potential Republican candidates

The boys in Vegas said it was no easy task to put together a list of potential Republican candidates, and actually chuckled over some of them.

Whoever chooses to run – and that may be enough to get the nomination – will be at a distinct enrollment disadvantage to whoever ends up being the Democratic Party nominee.

MCGRATH

Yes, voters in Troy have ousted entire slates of candidates because they didn’t like the way things were going, and while things are going close to that ouster threshold I’m not convinced they are there yet. Close, but not yet. The Democrats must be thinking along the same lines too since the party’s front man by default, Mayor Lou Rosamalia, just hired a new spokesman and you really don’t do that unless you feel the need to shake things up a bit.

Anyway, without further ado, according to Vegas, the odds on potential Republicans ending up being the candidate come November:

GORDON

-Mark McGrath, 5-1: The former eight-year councilman is probably the party’s strongest candidate given he won handily in a Democratic district four times thanks, in part, to pragmatism that crosses party lines. He also knows city government, has name recognition and will not have to give up a job or another elected office should he choose to run. That said, it will take a lot of convincing for him to throw his hat in the ring.

-Jim Gordon, 7-1: I think the first-term councilman is doing a decent job of being the loyal opposition for the minority caucus of two. He has decent name recognition but had a difficult time winning in the ‘Burgh until this time around when Kevin McGrath decided not to run. Since the Council is also up next November he would have to give up his seat to run for mayor if he chooses. I think he has his eye on it but it would be a risky move by him and the Republicans.  

MANTELLO

-Carmella Mantello, 9-1: The former councilwoman and former Council and mayoral candidate would likely want to give City Hall another run but don’t expect the GOP to be too keen on that idea. She is, however, a hard working candidate and is nearly guaranteed a respectable showing so if the Republicans decide to punt next year and concentrate on the Council, which is a possibility, she may get the nod by default.

-Dan Crawley, 10-1: The former deputy mayor and current executive secretary of the Troy Housing Authority would make a solid mayor but I don’t know if he has it in him to run a campaign as the front man. Furthermore, I don’t know if he wants to leave the cocoon that is THA and jump into the mainstream spotlight. But, his name has been floated and as I said, it wasn’t easy coming up with a list of potentials.



TUTUNJIAN

-Harry Tutunjian, 12-1: The former mayor and councilman would probably like another four years in office but he comes off two city wide losses for Legislature so for him to win this time around – during a presidential year when turnout is generally higher which means more Democrats at the polls in Troy – is a tough sell. Not that Tutunjian had a bad eight-year run as mayor, but if the GOP backs him this time you know there is nobody else.



TEDESCO

-John Tedesco, 15-1: I have no inside knowledge that the police chief would want to give up being police chief, move into the city and run for mayor but if he did he would make a pretty good candidate. Despite Rosamilia’s move appointing a police commissioner Tedesco came out looking pretty good in the end. Again, his name was floated to me so I included him.

-Debbie Witkowski, 15-1: The current comptroller at the Troy Housing Authority and former city comptroller would be a great candidate if they GOP can convince her to run, which is a longshot. She knows and respects the political game but under Democratic and Republican administrations in City Hall, and now at the THA, she has managed to stay above the fray. While she would be a solid candidate, I’d be surprised if the GOP convinced her to run.

 

-Richard “Buddy” McAvoy, 20-1: As I was tying this up someone pitched the deputy chief’s name and since candidates are scarce I figured I would throw it in. I learned too he was considered for sheriff before the party picked Jack Mahar so he has a political bent to him and unlike Tedesco he lives in the city. Outside of that, I really don’t know what else to say about him.

  

Cox causes Council to call for more cops

ROBERT COX with a KITTY CAT

The Troy City Council is asking for an addition police officer at their monthly meetings after a regular, and vocal, critic threatened to get a gun and shoot members in retaliation for a family member being denied the purchase of city owned property.

And police are taking the threats made by Robert Cox seriously, according to an email sent to the Council by Chief John Tedesco. (Emails to and from members of the Council can be seen below.)

It appears Cox was unhappy with the Council for voting down an ordinance that would have sold two city owned properties – 30 and 36 Dowu St. – to his nephew Jack Cox Jr.

I’ll let the emails speak for themselves but I will sum them up as best I can: After the meeting, Robert Cox, unhappy with the vote said, “among other things” that he was going to get a gun and shoot people; off duty Police Officer Bob Fitzgerald overheard him and told Councilman Dean Bodnar about it; Bodnar in turn told the rest of the Council and Tedesco. Councilman Jim Gordon, since Cox singled him out from the podium at the meeting, said in one email he is getting an order of protection.

You can get a more comprehensive picture if you read the emails, and I provided info that isn’t included like who made the threats and the officer who overheard them. As to the latter, it’s kind of ironic in that it’s similar to one of the reasons given by then Mayor Harry Tutunjian to place Fitzgerald (pictured right) on paid administrative leave a few years ago.  

Before you move on, though, a little bit of history. This is not the first time the Council has been threatened in such a way. Once, probably 16 years ago, Fran Pomiber, an original member of the Trojans for Troy, threatened to shoot the entire Council with a machine gun. On her way up the stairs, with a police officer graciously escorting her, she turned and yelled: “I don’t want to see this in Talespin, Franco.” Of course, I put it in Talespin and that was the last anyone ever heard of it.

Now, thanks to tragedies like Columbine, Sandy Hook and the SAFE Act, such threats throw everyone into a panic.  

Anyway, I’ve always like Jack Cox Sr., I don’t know Jack Cox Jr. (pictured left) that well but he ran for mayor a few years ago and for that I give him credit, but Robert Cox has a tendency to just fly off the hook once in a while. I know that first hand because I’ve been on the receiving end of his tirades more than once. Is he dangerous? There are those who think so, so I guess it’s better to be safe than sorry.

 THE EMAILS

From: "John.Tedesco" <John.Tedesco@troyny.gov>
Date: February 7, 2014 at 3:47:09 PM EST
To: "Rodney Wiltshire" <wiltshirefortroy@gmail.com>, <all-members@troycitycouncil.com>
Cc: "Tony.Magnetto" <Tony.Magnetto@troyny.gov>, "Ian.Silverman" <Ian.Silverman@troyny.gov>, "Richard.McAvoy" <Richard.McAvoy@troyny.gov>, "George.Vanbramer" <George.Vanbramer@troyny.gov>, "Rick.Sprague" <Rick.Sprague@troyny.gov>, "Chris.Kehn" <Chris.Kehn@troyny.gov>
Subject: RE: Urgent Security Matter

Greetings,

After speaking with Councilman Bodnar, I advised Captain Sprague of this
issue. In turn, he spoke with Officer Fitzgerald and directed that he
complete a report on the matter. I have since received calls from two
additional Council members expressing their concerns for personal
safety.

This matter is now assigned for investigation. A detective will be
contacting each of you early next week. Also being questioned is the
performance of the officer assigned as the Sergeant at Arms.

Please be assured that the Council's ability to vote free from threats
is of the utmost importance, and we view this issue as a priority.

Please feel free to contact me if you have any additional concerns.

Chief John F. Tedesco
Troy Police Department
55 State Street
Troy, N.Y. 12180
john.tedesco@troyny.gov
Office: (518) 270-4525
Fax: (518) 270-4452



-----Original Message-----
From: Rodney Wiltshire [mailto:wiltshirefortroy@gmail.com]
Sent: Friday, February 07, 2014 3:00 PM
To: all-members@troycitycouncil.com
Cc: Tony.Magnetto; John.Tedesco; Ian.Silverman
Subject: Re: Urgent Security Matter

I will of course treat this seriously as well.  I think it might be a
good idea to have an officer in the Front as well as the back in
general.

Who reported this threat, and what has been done at this point?

If it is substantiated and credible, I would consider implementing a
restrictive policy on allowing people who have made threats against us
to appear before us at these meetings.

Thank you,
   Rodney

On 2/7/2014 1:32 PM, James Gordon wrote:


   I have been in contact with TPD this morning and will be
following up this afternoon.

   The same information was relayed to me as well and in light of
being singled out by the Coxs' during their speeches I will be pursuing
an order of protection.

   This behavior will not and should not be tolerated.

   Thank you
 
 
   Jim Gordon
   Councilman, Dist. 1

   Twitter: @jimgordon4troy
   Facebook.com/jimgordonfortroy

   Sent from my iPhone 5

   On Feb 7, 2014, at 1:18 PM, Dean <bodnard@hotmail.com> wrote:
 
 

       Rodney,
       
       I'm writing to make sure you're aware of a security
threat against the city council. The threat was relayed to me, after the
final meeting of the night, by an off-duty Troy police officer as we
waited for an elevator. According to the police officer, a member of the
Cox family said that, among other things, he was going to get a gun and
start shooting people in the wake of Jack Cox, Jr.'s unsuccessful
attempt to obtain two city-owned parcels of property on Douw Street.
       
       I called Chief Tedesco this morning and asked him to
look into this matter, which he agreed to do.
       
       The issue here is not whether the threat was made out of
anger, frustration, or the mental instability of the person uttering it.
The issue is the safety of our colleagues, and the public, who are
simply participating in the democratic process of government. As
president of the council, I'm calling upon you to take this matter most
seriously and take additional steps to increase security at our public
meetings. Specifically, I'm asking that two police officers, at a
minimum, be present for every public meeting, and that one of the
officers be stationed at the front of the room (perhaps near the council
secretary's door), facing the crowd to enable him/her to respond quickly
in the event of a threat.
       
       Please inform me, and the rest of the council, how you
plan to proceed.
       
       Thanks
       Dean
     


--


Rodney G. Wiltshire Jr.

President of the Troy City Council



Phone (518) 279-7134

Fax (518) 270-4639

Email: Wiltshire@troyCityCouncil.com



City Hall

433 River Street

Troy, New York 12180



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Fight the Fitzgerald lawsuit for the kids

FITZGERALD

One definition of justice, as defined by Webster is: “the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments.”

Not so in the City of Troy.

The Council is poised to approve a settlement to satisfy a lawsuit brought by Police Benevolent Association President Bob Fitzgerald for $85,000 – with insurance covering $75,000 - without even addressing the merits of the more than 6-year-old case. And this comes after it already spent $140,000 on an attorney, Tom O’Connor, to defend the case. 

Basically, the city put Fitzgerald on paid administrative leave for a tiff he had with another officer, Steve Seney, which included threats of violence. Then Mayor Harry Tutunjian understandably took exception and took action against Fitzgerald by putting him on paid administrative leave. The former mayor was included in the suit along with now Police Chief John Tedesco.

ROSAMILIA

Tutunjian and Tedesco claim they did nothing wrong, Mayor Lou Rosamilia, according to reports and a draft press release, said he would have done the same thing as Tutunjian if it transpired under his watch. Up until a month ago, Rosamilia and the city were ready to take the case to court. But, at a special Law Committee meeting, Corporation Counsel Ian Silverman said the city could be on the hook for $250,000 should the city lose at trial. Better to cut our loses, the attorney advised, and be done with it for a measly $10,000.

Be that as it may, what kind of precedent is it going to set? If a Department of Public Works guy gets suspended for having a few beers at lunch, can he sue for mental anguish? If a City Hall employee is suspended for looking at porn at his desk, can he sue for sexual discrimination? If a police officer is suspended for excessive force, can he sue for being issued a nightstick?

Fitzgerald didn't lose any pay over the incident, he was disciplined by his boss. He could have filed a grievance with the Public Employee Relations Board like he has hundreds of times before when he had a beef with the administration but he instead chose to file a lawsuit in federal court.

I don’t know what exactly transpired between Seney and Fitzgerald but at the time I seem to remember there was something to do with residency requirements and how it relates to promotions, threats of machine gun fire and tales of infidelity, conspiracy, personal animosity and revenge as well as other nonsensical, immature accusations.

For that the city has to pay $10,000 – plus six years’ worth of attorney fees.

Part of the deal is the city will not admit any wrongdoing on anyone’s behalf, however I don’t think that matters miuch. Settling is, in and of itself, an admission of guilt and most people won’t notice any language that doesn’t begin with a dollar sign.

Fitzgerald, who said he is retiring by year’s end, said he won’t see a dime of the money. Rather, it will go to the PBA to pay its attorney, Mark Walsh for bringing the lawsuit. I don’t see that as relevant because it’s still taxpayer money going to pay an attorney for a lawsuit brought by a guy who sued the city. In other words, the city is bailing out Fitzgerald’s debt to the union he represents because if the city doesn’t make Walsh whole, who will? Yes, you are right, the members. And something tells me they won’t be happy about that.

And even if the city can get out from under this six-year debacle for relatively small amount of money, there is such a thing as right and wrong and sometimes you can’t put a price on that. It’s a gamble, sure, but one the administration and Council should take because it’s the right thing to do. If it caves and settles because it “costs too much,” what kind of message is it sending the kids.  

PBA Pres. Fitzgerald is leaving at a tumultuous time

FITZGERALD

Police Benevolent Association President Bob Fitzgerald is retiring sometime in 2014 and I have to say I have mixed feelings.

On the one hand, Fitzgerald’s fights with the city provided me with a ton of fodder. On the other, when animosity between a union and management crosses the line from professional to personal, it’s just not good for the city.

That said, Fitzgerald’s main objective is to look out for his guys and nobody can say he didn’t do that. He does leave office, however, at a difficult time for the PBA.

While the high profile drama involving the police commissioner/police chief is getting the most public attention, the touchiest subject among the PBA members is the fact they have not had a contract since Dec. 31, 2010.

His relationship with then Mayor Harry Tutunjian was so toxic the common thought was Fitzgerald refused to seriously negotiate until a new mayor took office at the beginning of 2012. Since the PBA used its considerable political clout to help Mayor Lou Rosamilia get elected, everyone expected the novice mayor would cave to the PBA and award a Cadillac contract.

To the mayor’s credit, he did not. The last offer on the table was a 0 percent raise in 2011 through 2013 and a 2 percent bump in 2014. While Fitzgerald did attempt to include some issues like reinstating the ERT, SOS and other overtime boosting programs, the 124 or so PBA members shot down the idea for lack of retroactive raises across the board rather than OT for a select few.

On a personal/professional front, Fitzgerald also has a lawsuit pending against Tutunjian, Tedesco and the city. A few years back an officer claimed Fitzgerald threatened him with physical harm. The mayor and chief suspended Fitzgerald and subjected him to a psychological evaluation. Fitzgerald, in turn, sued.

Sources tell me attorneys for both sides – Fitzgerald is represented by PBA attorney Mark Walsh and while rumors abound, I’m sure if the PBA or Fitzgerald is picking up legal fees – agreed to settle the entire thing for $75,000 but the city shot it down. Should a settlement remain elusive, a court date set for Feb. 24, according to sources.

While the majority of PBA members probably don’t care who the chief is or if there is a police commissioner or not – they would rather just come to work, arrest bad guys and go home – that controversy has dominated the news as of late.

Briefly, if you remember, when Tutunjian appointed John Tedesco (pictured left) chief, Fitzgerald called the media and “revealed’ that Tedesco was chosen because he buried an investigation into drug dealing by members of Tutunjian’s administration. It was an absurd allegation that did nothing but widen the rift between the PBA and the administration. It's nothing new, really, if you remember, then City Manager David Grandeau harbored such ill will with then PBA President Jack Rogers, the former named a sand trap after the latter.

Tedesco did what he promised, made changes to make the department run more efficiently and more effectively and the PBA wasn’t happy. So, Fitzgerald pressured some on the Council, namely Nina Nichols and Kevin McGrath, to appoint Tony Magnetto as commissioner essentially stripping Tedesco of his power. It backfired in a whirlwind of controversy and Magnetto (pictured right) is set to step down early next year.

Tedesco did not lay down on the job and he didn’t retire. Rather, he hired an attorney and is now threatening a lawsuit. The PBA in turn - or was it first? - filed a complaint on behalf of an officer who claims the chief inappropriately released the results of an Internal Affairs investigation that found the officer did use excessive force during a 2012 arrest. The chief asked the FBI to take a look at the entire situation and an agent did pay a visit to the TPD.

In other words, it’s a mess.

Officially, Fitzgerald said he is moving his family to Virginia where his children will have more opportunities. I don’t doubt that.

The unofficial talk is that he announced his retirement without a firm date to leave the door open should the FBI or anything else turn up the heat beyond the comfort zone.

I’m guessing the truth is somewhere in the middle.