SARATOGA SPRINGS — A resolution stating the Saratoga Springs City Council cannot be held liable against any potential lawsuits by Saratoga Black Lives Matter over a complaint Public Safety Commissioner James Montagnino filed against a BLM member will be voted on at the council’s next meeting on April 4.
The mayor withdrew the resolution from the table Tuesday evening to allow for Department of Public Works Commissioner Jason Golub, who was absent from the meeting, to vote on the resolution as well. Kim said he wants to have a 4-1 vote on the resolution and believes Golub will support the resolution.
The resolution states the city cannot be liable for Montagnino’s actions since he was acting as a private citizen at the time he filed the complaint and the complaint is not something the majority of the council backs.
“Without a vote by the City Council, such an action is outside the legal authority of the City Council as defined in the City Charter, and is not an action of the Saratoga Springs City Council,” states the resolution.
Montagnino filed a complaint of disorderly conduct, a violation, against BLM member Chandler Hickenbottom in February, following a Feb. 7 city council meeting during which Hickenbottom refused to cede the microphone during the public comment period, leading to the meeting’s adjournment. The meeting then restarted but again was quickly adjourned after Hickenbottom and other BLM members argued with Montagnino regarding the Saratoga Springs Police Department.
Montagnino has maintained he filed the complaint because “a lawful assembly, a lawful gathering, our City Council meeting was disturbed by Ms. Hickenbottom.”
Montagnino argued Tuesday night that, as public safety commissioner, it is his job to protect city residents and their property from disorder, among other things, under the city charter and therefore he was acting in an official capacity.
“In addition 6.1 of the charter reads, ‘it shall be the duty of the Commissioner of Public Safety to ensure that the Police Department preserves peace and good order,’” he said.
Kim said as the presiding officer of the meeting he didn’t authorize the complaint.
“In my mind, if this wasn’t executed by the mayor under the direction of the city council it was an individual action by an individual who has every right to do that,” Kim said.
Montagnino’s action has been met with staunch criticism by BLM, members of the community and the rest of the city council. All other council members have called for Montagnino to drop the complaint. Montagnino has not done so.
During Tuesday’s meeting, Accounts Commissioner Dillon Moran called the situation disgusting.
“I believe we’re mitigating the risk associated with the abuse of power and the effect that it’s had on people’s civil rights,” Moran said.
Montagnino said the passage of the resolution would open a current city commissioner and council member up to potential personal civil liability, which he said goes against city code and state law. He also said it could create a chilling effect on anyone else who might seek office.
The resolution comes as Hickenbottom is scheduled to appear in court on March 28 in regards to the complaint, which will be handled by a special prosecutor rather than the Saratoga County District Attorney’s Office.
District Attorney Karen Heggen did not return a request for comment about why a special prosecutor was needed.
The resolution also comes after Saratoga BLM said this matter will be part of a federal lawsuit members of the organization are planning to file against the city related to police conduct and actions taken by officials, including allegations of civil rights violations and misuse of power by the city police department against BLM activists.
Since November 2021, the state Attorney General has been conducting an investigation into actions taken by then-Mayor Meg Kelly and then-Public Safety Commissioner Robin Dalton.
The city has approved over $63,000 in costs associated with the investigation so far, including approving funds to cover fees for the former deputy mayor and former deputy public safety commissioner. The city has spent over $36,000 of the approved funds.
Kim said not only is the resolution regarding Hickenbottom meant to show the council’s disapproval of Montagnino’s actions but is also meant to try and prevent the city from the expenses of a lawsuit like the one by the state Attorney General’s Office.
“We can’t just have an open pocketbook for every sort of indemnification, etcetera,” he said.
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