The Council has to have an end game

WILTSHIRE

Now that the Council is wrapping up its investigation into questionable demolition projects in the city – as well as a couple other things – I can’t help but wonder what the end game is.

Of course, there are those who say the probe has already accomplished its goal – to embarrass the administration of Mayor Lou Rosamilia. But even if that’s the case, there has to be some sort of formal resolution in addition to scoring intangible political points.

KING STREET DEMO

I suppose it could come in a few ways: The Council, under President Rodney Wiltshire, could refer their findings to other agencies like the Department of Labor, the District Attorney or the FBI; it could write a report and make recommendations including any disciplinary action it would like to see taken against members of the administration; or it could take action on its own.

As far as I can tell, not much new came out of the hearing last night when the Council heard from Dave Sheeran, a long time code enforcement officer, Planning Commissioner Bill Dunne, Ben Brucato, who lives at 51 Third St. and Andrew Kreshick, who was overseeing the demolition at the King Fuels site.

As I wrote before, the Rosamilia’s administration is out of control and everyone seems to do as they please with little regard for protocol, the Charter or even the mayor. The latest two hearings didn’t do anything but reinforce that observation.

DUNNE

Much of last night’s marathon was spent talking about the city’s decision to shutter 51 Third St. for lack of a certificate of occupancy. The building, owned by Igor Vamos, a former member of the anti-establishment “Yes Men,” was used as a gathering place for some who were protesting the Troy police and how they handled a melee at Kokopelli’s Bar. The accusation is that the shuttering was an effort to discourage – or intimidate – the potential protesters from joining in an anti-police rally.

There is some validity to that concern given the fact Dunne and Sheeran used information garnered from this blog to investigate the building and then used Facebook and a computer program to determine the building did not have a CO, even though Vamos has owned it and it was occupied for more than a decade. Plus, I’m told the normal course of business – or at least one avenue available to the city in such situations – would be to issue a temporary CO and give the building owner time to get everything in order.

GARRETT

Anyway, back to the end game, my guess is the Council will write a report, outlining the already well known issues (in addition to forwarding its information to the Department of Labor, which has an open case about the King Street demo and has already requested such.)

Some recommendations the report could include:

-The Troy Local Development Corporation, which owns the King Fuels site, is out of control and needs more oversight.

-Fire Chief Tom Garrett acted beyond the scope of his duties by unilaterally ordering the demolition of the King Street buildings, and even negotiated with the owner for payment, and should be reprimanded

ROSAMILIA

-Order someone – be it the owner, attorney Don Boyajian, or the city – to at least clean up the lot and take that God-awful tarp off the building that wasn’t knocked down on King Street.

-Dunne acted beyond the scope of his duties by sticking his nose into the Code Department in shutting down 51 Third St. and should be reprimanded. Or, if he is terminated, it would make life a lot simpler for the administration and a whole bunch of Democrats.

-Lobby the state Legislature to enact initiative and referendum in this state to cut Rosamilia’s term short.

Good move by Mayor Lou; ball is in Wiltshire's court

ROSAMIlIA

Mayor Lou Rosamilia put the ball back in Council President Rodney Wiltshire’s court by saying any member of his administration will voluntarily testify so there is no need for the Council to issue subpoenas.

It was a good move by Roasmilia. He avoids looking like he was fighting the inquiry – as opposed to when he vetoed the ordinance allowing the Council to issue subpoenas – and rather makes it look like he and his administration are being nothing but open and transparent and willing to cooperate with the process.

WILTSHIRE

Plus, and perhaps more importantly in the grand scheme of things, by hearing from the players directly involved in the demolition on King Street and on the King Fuels site, we are all closer to knowing who did what and why. Rosamilia - whether he knows or not or whether or not he wants to know or not - can say he and his have nothing to hide and if something untoward is revealed he can claim ignorance and be just as shocked and surprised as anyone else. Even Wiltshire, while on Talk1300, said he thinks Rosamilia was not aware of what actually transpired prior to the demolitions.

In other words, look for someone to be the “fall guy.” But the thing with “fall guys,” is sometimes they are the ones responsible and should be held accountable.

Anyway, some say the agreement waters down the investigation because as Wilford Brimley said in Absence of Malice: “Wonderful thing a subpenee.”

GARRETT

With a subpoena, the testimony is automatically under oath and the Council can also demand to see records like contracts, emails and other exchanges related to the two demolition projects.

Wiltshire can still put those giving testimony under oath, can still demand the related documents and proceed as if he were issuing subpoenas but he really had no choice but to accept Rosamilia’s fig leaf. If he didn’t, he ran the risk of appearing to politicize the process and so far he has kept the inquiry above the fray – which is no easy task in a city like Troy.  

In the end, Rosamilia had nothing to lose by offering up members of his administration. If he didn’t Wiltshire would have just overrode the vetoes, issued the subpoenas and they would be forced to testify anyway. Let’s see if they are under oath and if the Council also has access to all the relevant documents and communications.

  According to the Times Union, the eight who will testify are:

RYAN

Fire Chief Tom Garrett, who ordered the demolition of the King Street buildings, a row of buildings owned by attorney Don Boyajian, Bill Dunne, the planning commissioner who is at the center of the King Fuels demolition, his assistant Andrew Kreshik, Dave Sheeran, a code enforcement officer, Andrew Peterson, an employee in the planning department, Corporation Counsel Ian Silverman, Mike Hayner, who is heading up the Department of Public Works and Deputy Mayor Pete Ryan.

Obviously Rosamilia has no control over those who probably have something to offer but are not employed by the city. They include Boyajian, J.R. Casale, the proprietor of Bomber’s and a representative from Ditano and Sons.   

This will be the third hearing held by the Council. The first featured former City Engineer Russ Reees and his assistant Barbara Tozzi. Both of whom have since left city employment. During the second, the Council heard testimony from four individuals who do not work for the city.  

Council should remember to KISS

WIlTSHIRE

The Council is making this a whole lot more complicated than it has to be.

According to the Times Union, Mayor Lou Rosamilia vetoed an ordinance authorizing the Council to issue subpoenas in its ongoing investigation into two controversial demolition projects and other things.

For starters, I don’t get why the Council sent the legislation to Rosamilia for his approval. The Charter clearly gives the Council the authority to conduct an investigation into any city activity and/or department. The mayor has no say in the matter because the Council is a separate and distinct branch of government with rights and duties exclusive to that branch.

It would be similar to the mayor vetoing the Council’s pick for City Clerk. He can’t. It’s a Council appointment.

That said, if he did have the authority to veto, it’s pretty apparent he has a valid reason. The process the Council approved to issue individuals subpoenas is either do it at a public meeting by majority vote or by five member signing a document.

ROSAMILA

The first makes perfect sense and is the process that should be followed. I’ve never heard of the second and nobody I talked to has either.  

It’s unclear why Wiltshire doesn’t just ask each member of the Council who they want to question, put it all on a big list and then pass the entire list. It doesn’t mean everyone on the list has to get called to testify but that is by far the simplest way to go about it and one that has the best chance of withstanding any legal challenge.

Then again, Rosamilia said subpoenas are not necessary should the Council want to question anyone in his administration. If that’s the case, why issue the veto? Obvious employees include Bill Dunne, commissioner of planning, his assistant, Andrew Kreshick, Fire Chief Tom Garrett and Deputy Mayor Pete Ryan.

I’m a big fan of the acronym KISS, or Keep It Simple Stupid. And that’s from a guy who can complicate tying a shoe – even if it comes with Velcro. Wiltshire and some of his colleagues on the Council have thus far done an admirable job in trying to find out what happened at demolitions on King Street and at the King Fuels site.

The first two hearings went off without a hitch and some good information was gathered. Now, though, it's getting down to the bottom of things and while the Council conducts its investigation there are no less than three federal agencies and a state agency looking into things too.

There might not be any easy answers to the questions, but it doesn’t mean the process has to get bogged down.

Just remember: KISS.